[Ord. No. 783, 5/14/2018[1]]
The following words, when used in this Part, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates others:
The Borough of Ben Avon, unless otherwise noted.
Any natural person, partnership, firm, association, corporation
or government body.
Any public street, avenue, road, square, alley, highway,
curbs, or other public place located in the Borough of Ben Avon and
shall include all sidewalk and unimproved areas within the street
right-of-way.
[1]
Editor's Note: This ordinance repealed former Part 1,
Street Openings and Excavations, adopted by Ord. No. 596, 4/14/1985,
as amended.
[Ord. No. 783, 5/14/2018]
1.
Any person who shall desire to make any opening or excavation in
any street in the Borough of Ben Avon shall make application to the
Borough Street Foreman, submitted to the Borough in writing. Such
application shall be made upon blanks to be furnished by the Borough
and shall set forth:
A.
The name, address, and contact information of the applicant.
B.
The exact location and description of work of the proposed opening
or excavation.
C.
The approximate size or depth of the proposed opening or excavation.
D.
The approximate times of starting and completing the work.
E.
The required calculated permit and inspection fee.
F.
Any additional documentation or information as deemed necessary by
the Borough or Borough Engineer.
G.
The applicant covenants and agrees that the proposed work shall be
done in full compliance with the ordinances and construction standards
of the Borough of Ben Avon and the laws of the Commonwealth of Pennsylvania
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Borough of Ben Avon from and indemnify
it against any and all actions, suits, demands, payments, costs and
charges for or by reason of the proposed opening or excavation, and
all damages to persons or property resulting in any manner therefrom,
or occurring in the prosecution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
[Ord. No. 783, 5/14/2018]
1.
It shall be unlawful for any person to open, tunnel or to make any
excavation of any kind in any street, sidewalk or driveway, within
the Borough of Ben Avon without first securing a permit therefor as
hereinafter provided.
2.
The completed permit application shall be submitted to the Borough
at the Borough office. Upon receipt of the completed application,
the Borough shall:
3.
Upon approval of an application, the Borough shall provide the applicant
with two signed copies of the permit. The applicant must maintain
one copy of the approved application at the job site.
4.
The granting of any street excavation permit shall confer a right
upon the permittee, subject to the terms and conditions of the permit,
permission to temporarily occupy and use the subject street surface
during the course of construction work covered by the permit and to
thereafter occupy the space within which the work is to be located,
subject in every case to the specific right of the Borough to require
temporary or permanent relocation or removal of any of the facilities
entirely at the permittee's expense in the event that said facilities
are in conflict with the Borough's interest or the public interest
in the use of the street.
5.
In granting any permit, the Borough may attach such special conditions
thereto as may be reasonably necessary to protect public and private
property.
6.
Every permit issued hereunder shall expire 30 days after it is issued,
or within the approved time frame of the permit. If the permittee
shall be unable to complete the work within the specified time, he
shall, prior to the expiration of the permit, present, in writing,
to the Borough Street Foreman a request for an extension of time,
setting forth therein the reasons for the requested extension. If,
in the opinion of the Borough, such an extension is necessary, the
permittee may be granted additional time for the completion of the
work.
7.
The Borough may revoke any permit issued under the provisions of
this Part if he determines that the terms of the permit and/or this
Part are being, or have been, violated. Upon revocation of the permit,
the Borough shall provide the permittee with a written explanation
of the terms of the permit and/or this Part which are being, or have
been, violated and establish a time frame under which the permittee
must complete all necessary reparations to bring the job into compliance
with the provisions of the permit and this Part.
8.
Permits are not transferable from one person to another and the work
shall not be made in any place other than the location specifically
designated in the permit.
[Ord. No. 783, 5/14/2018]
1.
Before any permit shall be issued to open or excavate any street
or curb, the applicant shall: i) pay to the Borough the applicable
application, degradation, inspection and review fees described in
Subsection 1A and B below for the purpose of defraying costs incurred
by the Borough for administration and inspection under this Part and
in reduced useful life of road surfaces; and ii) post the bond provided
for in Subsection 1C below:
A.
Fees for Openings Within an Improved Cartway. Fees for openings within
an improved cartway established for vehicular use shall be as established
and amended from time to time by resolution of Borough Council, and
may include application fees, degradation fees, inspection fees and
Borough Engineer or consultant review fees.
B.
Fees for Openings Within Sidewalks or Unimproved Areas. Fees for
openings within sidewalks or unimproved areas within the Borough street
right-of-way shall be as established and amended from time to time
by resolution of Borough Council, and may include application fees,
inspection fees and Borough Engineer or consultant review fees.
C.
Bonds.
(1)
No application shall be accepted, nor shall any permit hereunder
be issued, unless and until there is filed with the application for
permit the applicant's bond, with corporate surety thereon, or
cash substitute (including a certified or cashier's check), in
an amount as established from time to time by resolution of Borough
Council.
(a)
Performance/Completion Bond. A permit holder may be required,
prior to construction, to obtain a performance bond in a reasonable
amount set by the Borough based upon the construction costs of the
equipment to be installed in the rights-of-way and the extent of the
disturbance of such rights-of-way. The performance bond shall ensure
the permit holder's faithful performance of its construction
obligations. The Borough may reduce or cancel the bond requirement
when construction is completed.
(b)
Maintenance Bond. Every permit shall be accompanied by a bond
in an amount as calculated in the restoration guarantee calculation
on the permit application. The bond amount shall be 100% of the calculated
restoration guarantee and will be held by the Borough for two years
following the date of the final inspection and acceptance by the Borough.
(2)
Each bond so filed by the applicant, as required hereunder,
shall be conditioned only as follows:
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"Now, the condition of this obligation is such: That if the
said (applicant), principal hereinbefore named, his, their, or its
heirs, executors, administrators, successors or assigns, in opening,
repairing, excavating or disturbing any public street, avenue, road,
square, alley, highway or other public place located in the Borough
of Ben Avon, including therein all sidewalk and unimproved areas within
the street right-of-way requiring a permit from said Borough of Ben
Avon for the opening thereof, shall properly protect and guard all
excavations made by him, them or it, and place lights or warnings
while so performing any such work and in connection therewith, installing
pipes, together with the curb or gate valve boxes, so that the top
thereof shall be flush with the surrounding ground, and shall forthwith
restore at his, their, or its expense, the earth, pavements, streets,
avenues, roads, squares, alleys, highways or other public places located
in the Borough of Ben Avon, including therein all sidewalk and unimproved
areas within the street limits, any sewer connections, manhole covers,
drains or castings, insofar as the same have been distributed by said
principal, in the same condition in which they were before being so
disturbed, and keep the same at his, their or its expense in good
repair for one year from the date of the permit issued for the same
by the Borough of Ben Avon; and provided, further, that if said (applicant)
principal, his, their, or its heirs, executors, administrators, successors
or assigns, respectively, shall indemnify and save harmless the said
Borough of Ben Avon, its successors and assigns, from all loss, damage,
costs, charges, excess yardage charges, increased permit charges,
applied permit charges, and expenses whatsoever in any manner occasioned
by or arising from the opening, repairing, excavating or disturbing
any public street, avenue, road, square, alley, highway or other public
place located in the Borough of Ben Avon, including therein all sidewalk
and unimproved areas within the street limits; and provided, further,
that if said (applicant), principal, his, their or its heirs, executors,
administrators, successors or assigns, respectively, shall defend,
indemnify and save harmless the Borough of Ben Avon, its successors
or assigns, from all damages, costs, charges and expenses for which
the said Borough of Ben Avon may be held liable for or by reason of
injuries or damages to persons or property resulting from or incurred
because of the negligence of said (applicant), principal, in the performance
of the work comprehended by said permit or done by the principal,
his, their or its agents, servants, employees or subcontractors, following
the issuance thereof; then this obligation to be void, otherwise to
be and remain in full force and effect."
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(3)
Provided, however, that utility companies may file a blanket
bond with corporate surety in the amount of $25,000 which shall cover
all street openings of not more than 100 feet each made by the utility
company during the time period the bond is in full force and effect.
The bond for each street opening by a utility company exceeding 100
feet shall comply with the provisions of the Part.
[Ord. No. 783, 5/14/2018]
Replacement of permanent paving over street openings and excavations
shall be completed by the applicant at the expense of the permit holder
and at the full approval of the Borough. All inspection fees incurred
by the Borough will be the responsibility of the permit holder. All
paving laid or caused to be laid hereunder shall be laid and all other
work performed in accordance with the specifications and standards
of construction and with such standards and requirements relating
to traffic control, traffic and pedestrian safety, street closing
and detours, access to abutting properties, days and hours of work,
temporary plating of street or sidewalk openings and the provision
of a maintenance bond of up to 24 months, as are set forth in Exhibit
1,[1] attached hereto and made a part hereof. These requirements
may be amended from time to time by resolution of the Borough Council
upon recommendation of the Borough Engineer.
[1]
Editor's Note: Exhibit 1 is on file in the Borough offices.
[Ord. No. 783, 5/14/2018]
All other work in connection with openings and excavations in
any street, including excavation, protection, and paving, shall be
done by the applicant at his expense in accordance with Exhibit 1[1] and all applicable construction standards, and all such
work shall be subject to the provisions of this Part and inspection
by, and approval of, the Borough Street Foreman and/or Borough Engineer.
[1]
Editor's Note: Exhibit 1 is on file in the Borough offices.
[Ord. No. 783, 5/14/2018]
1.
No opening or excavation of any street shall extend from the curb
or side line into the street a distance greater than one foot beyond
the center line of the street before being properly refilled and the
surface of the street restored to a condition safe and convenient
for travel, provided that no street opening shall be made which leaves
less than 10 feet of the usually traveled cartway of the street impassible
for motor vehicles including fire equipment at any time.
2.
No more than 250 feet longitudinally shall be opening in any street
at any one time, unless authorized by the permit.
3.
The work of excavation shall be so conducted as not to interfere
with water mains, gas mains, electricity conduits, sewers or their
connections with buildings, or any other subsurface lines or constructions,
until permission of the proper authorities in connection with such
subsurface lines or constructions shall have been obtained.
4.
No tunneling shall be allowed without the approval of the Borough
Engineer and permission therefor endorsed upon the permit. The backfilling
of a tunnel excavation shall be done only in the presence of the Borough
Engineer or an inspector designated by them, and shall be done only
in a method approved by them.
5.
All openings or excavations shall be backfilled promptly in accordance
with the Borough's specifications and standards of construction,
and the PennDOT Publication 408.
6.
On improved streets the permit holder, after having backfilled the
excavation as provided in this Part, shall install a temporary paving
of suitable materials thoroughly bound and compacted and flush with
the adjoining pavement and shall maintain such temporary paving until
the permanent paving is installed.
7.
During the making of any excavation in any street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the streets in a safe and passable
condition both day and night, by guards, barriers, lanterns and other
devices, and all opening and excavating permits are authorized to
be granted only under and subject to the express condition that the
person to whom same is issued shall indemnify, save and keep harmless
and defend the Borough of Ben Avon from any loss in damages, or otherwise
whatsoever, which may or shall be occasioned at any time by the said
opening or excavation, or by any leak, explosion or other injury from
any pipe, apparatus, conduit, or any other matter placed in said opening
or excavation. If in the opinion of the Chief of Police of the police
force providing police protection services to the Borough this applicant
fails to fully comply with the provisions of this subsection, the
Borough may provide such protection as may be deemed necessary with
or without notice to the applicant and charge the cost thereof to
him plus 10%. If the Borough of Ben Avon provides such protection
the applicant shall not be relieved from liability for any and all
person injury or property damage caused by his excavation or street
opening.
8.
The applicant shall notify the Borough Street Foreman when the opening
or excavation is ready for backfilling and before any backfilling
is actually done. Backfilled pipe not inspected may be subject to
re-excavation to allow for inspection at no additional cost to the
owner.
9.
No excavated material or backfill materials shall be stockpiled on
the roadway or sidewalk surface.
10.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Borough Street Foreman or Borough Engineer,
as the case may be, be unsatisfactory and the same shall not be corrected
in accordance with his instructions within the time fixed by him,
or in the event that the work for which the permit was granted is
not completed within a reasonable time, under all the circumstances,
after the date set for completion in the permit application, the Borough
may proceed to correct such unsatisfactory work or complete any such
work not completed, and charge the cost thereof, plus 10%, to the
applicant. All repair and restoration shall be completed by the permittee
within 30 days after the work is commenced, subject to such time period
being lengthened or shortened by the Borough Engineer or Borough Street
Foreman depending on the urgency of the repair, impact on public safety
and other relevant surrounding circumstances.
[Ord. No. 783, 5/14/2018]
1.
In the case of any leak, explosion or other accident in any subsurface
pipe, line, construction or apparatus, it shall be lawful for the
person owning or responsible for such pipe, line, construction or
apparatus, to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter,
and that all other provisions of this Part are fully complied with.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction
or apparatus, the Borough of Ben Avon may proceed to do the work necessary
and required by such emergency and charge the same on the basis of
cost plus 10% to such owner or person.
2.
Further, the person or entity owning or in charge of any subsurface
pipe, line, construction or apparatus, within a Borough street right-of-way,
which causes damage to any Borough street, earthway, curb or sidewalk,
or unimproved right-of-way area, shall be responsible to promptly
and completely repair, restore, or reconstruct any such damaged street,
cartway, curb, sidewalk or unimproved right-of-way area. The obligation
to carry out such complete repair, restoration or reconstruction shall
be a condition of the occupancy of the right-of-way by such subsurface
pipe, line, construction or apparatus. All repair, restoration and
reconstruction required hereunder shall be done in accordance with
plans submitted to and approved by the Borough Engineer or Borough
Street Foreman. The person or entity owning or in charge of any subsurface
pipe, line, construction or apparatus within a Borough street right-of-way
which causes damage to any Borough street, earthway, curb or sidewalk,
or unimproved right-of-way area shall have the duty to repair, restore
or reconstruct the total area which has been damaged as a result of
the failed pipe, line, construction, apparatus or similar structure.
If such repair, restoration or construction is not undertaken within
the time or in the manner directed by the Borough Engineer or Borough
Street Foreman, the Borough is authorized to cause the work to be
done at the expense of such owner or person in charge of such subsurface
pipe, line, construction or apparatus.
[Ord. No. 783, 5/14/2018]
The Borough shall give timely notice to all persons owning property
abutting on any street within the Borough about to be paved or improved,
and to all public utility companies operating in the Borough, and
all such persons and utility companies shall make all water, gas or
sewer connections, as well as any repairs thereto which would necessitate
excavation of said street within 30 days from the giving of such notice,
unless such time is extended in writing for cause shown. New paving
shall not be opened for a term of five years after completion thereof,
except in the case of emergency the existence of which emergency and
the necessity of opening such paving to be determined by the Borough
Engineer. If it is sought to excavate upon or open a street within
five years after completion thereof for any reason other than an emergency
as above stated, the applicant shall make written application therefor
to the Borough Council, and a permit for such opening shall be issued
only after express formal approval of Council.
[Ord. No. 783, 5/14/2018]
No new water or gas main shall hereafter be laid or constructed
and no existing water or gas main shall be extended in any street
of the Borough of Ben Avon until the exact location thereof and the
plan thereof shall first have been approved by the Borough Council.
[Ord. No. 783, 5/14/2018]
Payment for all work done by or for the Borough of Ben Avon
under the provisions hereof shall be made by the person made liable
therefor under the provisions hereof within 30 days after the bill
therefor is sent to such person by the Borough. Upon failure to pay
such charges within such time, the same shall be collectible by the
Borough of Ben Avon in the manner provided by law.
[Ord. No. 783, 5/14/2018]
1.
Wherever unusual conditions exist or arise during construction, the
Borough Street Foreman and/or Borough Engineer may change the permanent
restoration requirement from those given herein. In all cases, marks
of construction beyond the area of actual trench shall be satisfactorily
restored. In cases where a substantial portion of the original roadway
paving is removed or damaged, thereby disturbing the envelope of the
roadway, the Borough may require the permittee to, resurface the entire
street area, in addition to constructing the final paving repairs
over trench areas, at the Borough's discretion and at no additional
cost to the Borough.
2.
Requirements for permanent repairs to surfaces other than bituminous
pavement will be determined by the Borough in each specific case.
In general, final restorations in any case shall be better than or
equal to the original surface.
3.
Sidewalks must be replaced to meet the criteria as shown in the Borough
Standard Details. The joints between the last disturbed sidewalk slab
section and the first undisturbed section shall be saw cut and one-fourth-inch
premolded expansion joint filler placed along both edges. Backfill
material shall be adequately compacted so that no shrinkage shall
occur and base material placed evenly per the Borough's standard
detail. Prior to pouring the concrete, the sidewalk subbase and forms
must be inspected and approved by the Borough.
[Ord. No. 783, 5/14/2018]
1.
Any person, whether as principal, employee, or agent, violating or
assisting in the violation of any of the provisions of this Part,
upon conviction thereof, shall be sentenced to a fine of not less
than $10 nor more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
2.
The Borough or members of the Police Department may prevent or restrain
any work which is proceeding without benefit of a street excavation
permit or right-of-way occupancy permit. If this situation occurs,
the person, partnership or corporation performing the work must immediately
apply for a permit and must perform any task which will ensure a safe
condition for motorists and pedestrians as the Borough or Police Department
may require. In addition, a permit must be applied for and obtained
before work can continue.
3.
The Borough, upon discovery of a situation where work is being performed
on a site for which a permit has been issued and where work is not
in compliance with the provision of such permit and/or this Part,
may take corrective actions as it deems necessary including, but not
limited to, preventing or restraining any additional work until any
necessary repairs are completed. Under no circumstances shall the
job site be left in an unsafe or hazardous condition.
4.
In the event that the permittee does not take the necessary corrective
actions within the time frame the Borough establishes, the Borough
may utilize the performance security and take the necessary measures
to correct the problem, as permitted by law.
