This article shall be known and may be cited as the "Street
Excavation Permit Ordinance."
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise.
APPLICANT
Any person or entity who makes application for a permit.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
BOROUGH ENGINEER
The engineer of the municipality as defined by ordinance
and is inclusive of his or her authorized deputy, representative or
inspector.
PERMITTEE
Any person or entity who has been issued a permit and has
agreed to fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
Any entity subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission.
STREET
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way or public road accepted
or maintained by the municipality or open for travel and use by the
public, whether or not so accepted or maintained, including the entire
area within the right-ofway thereof.
IMPROVED STREET
Any street in the Borough which has had maintenance performed
on it within the past five years. Maintenance shall be considered
any surface treatment. It shall be the prerogative of the Director
of Public Works to define the category of "newly improved street"
and advise the proper utility companies of this designation.
No person or entity to whom a permit has been granted shall
perform any of the work authorized by such permit in any amount greater
than that specified in the permit, except that where the permittee
desires to perform additional work not in excess of an amount greater
than 10% of the amount specified in the permit, the permittee may
apply to the Borough Administrator or his or her designee for an amended
permit to authorize the additional work. If the additional work desired
to be performed by the permittee exceeds 10% of the amount specified
in the original permit, an application for a new permit shall be made.
Any deposit or bond posted in connection with the original permit
shall be deemed to cover any such additional work as may be added
pursuant to the issuance of an amended permit within the limit specified
herein.
Work for which a permit has been issued shall commence within
30 days after the issuance of the permit therefor. If not so commenced,
the permit shall be terminated automatically unless the permittee
applies for an extension of time within which to commence work. If
such an extension is granted, the original permit shall remain in
force for the period of time specified in the extension. Permits which
terminate because of failure to commence work within 30 days after
issuance or within any extension of time granted hereunder may be
renewed only upon the payment of an additional permit fee as originally
required.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he or she shall, prior
to expiration of the permit, present, in writing, to the Borough Administrator
or his or her designee a request for an extension of time setting
forth therein the reasons for the requested extension. If the Borough
Administrator or his or her designee finds that the failure to complete
the work under the permit within the time specified therein was due
to circumstances reasonably beyond the control of the permittee and
that an extension of time to complete the work under the permit is
necessary and not contrary to the public interest, the permittee may
be granted additional time for the completion of the work.
The provisions of this article shall not be applicable in those
instances where the street or highway is maintained by the Commonwealth
of Pennsylvania or by Butler County; provided, however, that any person
or entity applying for a permit to do work within the right-of-way
of a street or highway maintained by the Commonwealth of Pennsylvania
or by Butler County which would otherwise require a permit under the
terms of this article shall notify the Borough Administrator or his
or her designee at the time that said application is made and at the
time that the work under any permit issued pursuant to said application
is begun, so that proper safety precautions may be taken by the municipality
during the continuation of said work.
Each applicant, upon the receipt of a permit, shall provide
the municipality with an acceptable certificate of insurance indicating
that he or she is insured against claims for damages for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the work, whether such performance
is by himself or herself, his or her subcontractor or anyone directly
or indirectly employed by him or her. Such insurance shall cover collapse,
explosive hazards and underground work by equipment on the street
and shall include protection against liability arising from completed
operations. The amount of the insurance shall be prescribed by the
Borough Administrator or his or her designee in accordance with the
nature of the risk involved; provided, however, that the liability
insurance for bodily injury shall be in an amount no less than $250,000
for each person and $500,000 for each accident, and for property damages,
in an amount no less than $100,000, with an aggregate of $300,000
for all accidents. Public utility companies and authorities may be
relieved of the obligation of submitting such a certificate if they
submit satisfactory evidence that they are insured in accordance with
the requirements of this article or have adequate provision for self-insurance.
Public utility companies may file an annual certificate of insurance
in lieu of individual certificates for each permit.
Any person or entity who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600; and in default of payment, to imprisonment
for a term not to exceed 90 days. Every day that a violation of this
article continues shall constitute a separate offense.