[Adopted 7-11-2017 by Ord. No. 1296[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Street Openings and Excavations, adopted by Ord. No. 920, as amended.
A. 
This article shall be known as the "Ambridge Borough Street Opening Ordinance."
B. 
The purpose of this article is to provide minimum standards to safeguard persons, to protect property, maintain the present level of ecology, and promote the public safety and welfare by regulating and controlling the opening or excavation of roadways and rights-of-way within the Borough of Ambridge.
C. 
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. It is hereby declared as the intent of the Borough of Ambridge that this article would have been adopted had such unconstitutional, illegal or invalid section, subsection, sentence, clause or phrase not been included herein.
D. 
In this article, the singular shall include the plural, and the masculine shall include the feminine.
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, as defined herein, who makes application for a permit.
BOROUGH
The Borough of Ambridge, Beaver County, Pennsylvania.
BOROUGH ENGINEER
The consulting engineer of the Borough of Ambridge, Beaver County, who shall be a registered professional engineer in the State of Pennsylvania, or his authorized representative or inspector.
DEGRADATION FEE
A fee charged for the excavation/opening of a road that has been constructed or resurfaced within seven years.
EMERGENCY
Any unforeseen circumstance which calls for immediate action. Any work scheduled by an applicant more than 72 hours prior to commencement of work shall not be considered an emergency.
MANAGER
The Manager of the Borough of Ambridge.
PERMIT
The approval issued to an applicant to perform any work covered by the terms and conditions of this article.
PERMITTEE
Any person who has been issued a permit and has thereby agreed to comply with all the terms and conditions of this article.
PERSON
Includes any natural person, partnership, firm, association, corporation, municipal authority or any other governmental entity.
ROADWAY
Any public street, highway, road, easement, right-of-way or alley within the Borough of Ambridge, Beaver County, including that portion of any right-of-way which is improved with curbs and/or sidewalks.
WORK
Any and all activities of any kind or nature conducted by a permittee, his agents, servants, employees, contractors and subcontractors, which involves, to any extent, any roadway of the Borough of Ambridge, Beaver County.
A. 
Permit required.
(1) 
No person shall make any tunnel, opening or excavation of any kind in, on or under the surface of any roadway or public right-of-way without first securing a permit from the Borough for each separate undertaking.
(2) 
Any person maintaining pipes, lines or underground conduits, in or under the surface of any roadway by virtue of any statute, article or franchise may, however, proceed with an excavation or opening without a permit when emergency circumstances demand that the work be done immediately for the preservation of the public health, safety or welfare and, provided further, that a permit could not reasonably and practically have been obtained beforehand. Such person performing the emergency excavation shall, thereafter, file an application for a permit, in accordance with the requirements of this article, on the first business day of the Borough, which permit shall be retroactive to the date on which the emergency work has begun. The final determination as to whether a situation is to be considered an emergency shall be made by the Borough Engineer or the Borough Manager.
(3) 
Where a pipe drain, pipe culvert, or other structure or facility is encountered, it shall be replaced, restored, strengthened or protected by the permittee.
B. 
Limitation. No permittee shall perform any work beyond that originally authorized under the approved permit plus 10% greater than that specified in the permit, unless such excess work is approved in advance, by either the Manager or Borough Engineer, and the Borough is paid any additional fees occasioned thereby. Upon completion of any additional work which is not covered by the original permit, the permittee shall file a revised application with the Borough reflecting the revised scope.
C. 
Bonds. All bonds posted in connection with issuance of the permit shall be deemed to cover all work which is covered by any permit issued pursuant to this section.
D. 
Emergency exploratory excavation. The provisions of this section shall not apply to emergency excavations of an exploratory nature made in order to determine the location of underground facilities; however, the person doing the work shall, on the first day which the office of the Borough is open for business following completion of the excavation, file an application for a permit in accordance with the requirements of this article, which permit shall be retroactive to the date the excavation was begun.
E. 
Commencement of work. The work for which a permit is issued shall be commenced within 30 days from the date of its issuance. If the work is not commenced by that date, the permit shall automatically be considered revoked and, thereafter, a new permit for the work will only be issued upon payment of a new permit fee and the renewal of all necessary bonds. The permittee shall notify the Manager or the Borough Engineer at least 24 hours in advance as to the date and time when the work will be commenced.
F. 
Nontransferable and nonrefundable. A permit is not transferable by the permittee to any other person, and the permit fees shall be nonrefundable.
G. 
Expiration. A permit shall terminate at the end of the period of the time specified in the permit or upon completion of the work, whichever occurs first. If the permittee is unable to complete the work within the time specified in the permit, the permittee shall, prior to its termination, request an extension of time from either the Manager or Borough Engineer and provide, in writing, the reason for the requested extension.
H. 
Rights to use roadway. All permits shall be issued subject to the rights of the Borough and the public to use any roadway which is the subject of the permit for all purposes for which such roadway may lawfully be used. The scope of all work performed shall be limited to the Borough's public right-of-way unless the permittee has secured separate rights-of-way and/or easements in writing. Such permission shall be made available to the permittee upon request to the Borough, and such permission shall not be unreasonably withheld.
I. 
Revocation.
(1) 
A permit may be revoked by the Manager or Borough Engineer, after written notice to the permittee, as the result of any one of the following:
(a) 
A violation of any condition of the permit;
(b) 
A violation of any provision of this article or any other applicable statute, ordinance or regulation relating to the work;
(c) 
The existence of any condition or the doing of any act by the permittee which constitutes or creates a nuisance or which endangers the safety or property of the public.
(2) 
Written notice of the revocation shall be served upon the permittee or his agent. The notice shall contain a brief statement of the reason for the revocation and it shall be effective if delivered either by personal delivery to the permittee, or his agent, or by mailing the same to the permittee at the address on the application, by placing the same in the United States Postal Service, certified mail, return receipt requested.
In order to receive a permit, the applicant shall:
A. 
Complete and file a written application with the Borough Manager and/or Secretary on the application form prescribed and furnished by the Borough.
B. 
No work shall be commenced by the applicant until the Manager or Borough Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in § 265-5 above which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this article, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this article.
C. 
If not set forth on the application form itself, the applicant shall file three copies of all plans which show the extent of the work for which the permit is being requested. Such plans shall include the exact location of the work and all appropriate dimensions and other information which may be required by the Borough Engineer.
D. 
Pay to the Borough, at the time of filing of the application, such fees for the permit as set forth below as may be amended or added from time to time by resolution of the Borough.
(1) 
Application fee: $250.
(2) 
Degradation fee:
(a) 
Less than one year: $100 square yard.
(b) 
One to two years: $75 square yard.
(c) 
Three to five years: $50 square yard.
(d) 
Five to seven years: $25 square yard.
(3) 
Inspection fees: actual cost of fees of Borough Engineer or other consultant.
E. 
Furnish such certificates of insurance as are required by § 265-9 below.
F. 
Post the performance bond as required by § 265-8 below.
G. 
Present evidence, if requested by the Manager or Borough Engineer, that all material, labor and/or equipment necessary to accomplish the work are available to the applicant.
H. 
A copy of the permit shall, at all times while the work is in progress, be available at the site of the work, and it shall be produced, upon demand, to any authorized representative of the Borough.
I. 
Agree, by the filing of the application, to save the Borough, its Council members, Manager, officers, employees and agents harmless and to indemnify all, or any of them, from any and all claims, damages, suits, liabilities and costs which may arise, or be claimed to arise, by reason of the work, either as authorized or as actually undertaken by the permittee. The issuance of a permit, or the doing of any work provided for by this article, shall constitute the agreement, by the person doing the work, to the provisions of this subsection, irrespective of whether the same is expressed elsewhere.
A. 
No excavation in any roadway shall extend beyond the center line of such roadway until the surface of the initial excavation is restored to a condition which shall provide safe and convenient access for pedestrian and vehicular traffic. At no time will the improved part of a roadway be completely closed to vehicular or pedestrian traffic, unless the Borough Council authorizes such closure. If such closure is required, a traffic control plan shall be prepared by the applicant for review and approval by the Manager and the Borough Engineer. The traffic control plan shall include appropriate signage installed and maintained by the permittee to safeguard vehicular and pedestrian traffic until the roadway is reopened. Prior to any roadway closures, the permittee shall provide notice of such closures to the Borough Manager, Police Department, Fire Department and to the School District and Beaver County Transit Authority if impacted by this road closure.
B. 
No more than 50 feet, measured longitudinally, of any roadway shall be opened in any roadway until such time as the previously opened surface of the roadway is restored to a safe and convenient condition for vehicular or pedestrian traffic, unless such opening is authorized, in writing, by the Manager or Borough Engineer.
C. 
If two or more cumulative openings are made within 700 linear feet of pavement, the applicant will be required to restore the entire disturbed pavement between the openings by milling or other authorized method and overlaying half the roadway (center line to curb) for patches on half the roadway or a complete overlay for patches on both sides of the roadway.
D. 
No excavation shall be made, or attempted, if it shall or may interfere with any utility lines or other underground facilities, unless the permittee has first placed the required notification to the Pennsylvania One Call System and received clearance from said System.
E. 
No tunneling shall be allowed without express approval of Ambridge Borough and permission therefor endorsed on the street opening permit.
F. 
The permittee shall locate all underground facilities, including sanitary sewers, storm sewers, gas lines, waterlines, telephone and electrical conduits and all other underground facilities, sufficiently in advance of the commencement of the work in order that damage to any such facilities be avoided, as well as to permit their relocation, if necessary. The permittee shall also comply with all the utility notification requirements of any applicable law.
G. 
If an underground facility is damaged by the permittee, such damage shall be repaired and/or restored by the permittee, as necessary, in accordance with the directions of the owner of the facility.
H. 
No monument of granite, concrete, iron, steel, brass or other lasting material shall be removed or disturbed, or caused to be removed or disturbed, without the permittee first obtaining permission, in writing, from the Borough Manager or the Borough Engineer to do so, in which case the permittee shall pay the Borough for all its expenses, including surveys, necessary and incidental to all restoration or replacements of such monuments by the Borough.
I. 
If a permittee shall cause any earth, sand, gravel, rock, stone or other material to be either deposited upon or caused to roll, flow or wash onto any roadway and there is thereby created a nuisance or a danger to the public health and safety, the permittee shall cause all such material to be promptly removed from the roadway. In the event any such material is not removed within eight hours after notification to the permittee by the Manager or Borough Engineer to do so, the Borough may then take all steps necessary to accomplish such removal, the costs of the removal to be paid to the Borough by the permittee.
J. 
The permittee shall provide and maintain all necessary shoring and/or bracing of openings so as to protect persons, roadways, utilities and adjacent land and buildings from damage resulting from shifting or subsidence of the adjacent land.
K. 
The permittee shall place all such barriers, barricades, lights, warning flags, danger signs and other safety devices around the work area as are reasonably necessary to protect the health and safety of the public. All such safety requirements and precautionary measures shall be based upon and conform, as applicable, to the requirements set forth in Form 408, Pennsylvania Department of Transportation publication, latest edition. The permittee shall also comply with any traffic control plan which shall be made part of the permit. In the event the permittee fails to comply with the provisions of this subsection, the Borough may take necessary steps to compel compliance; all costs incurred by the Borough in so doing shall be paid to it by the permittee.
L. 
At all times while the work is in progress and prior to its completion, the permittee shall maintain safe crossings for pedestrian and vehicular traffic at all roadway intersections and, in addition, safe crossings for pedestrians at intervals of not more than 300 feet. Two lanes of traffic shall, where possible, be kept open at all intersections by the installation of covering steel plates. All such steel plates shall be firmly secured and, where appropriate, imbedded in bituminous material so as to withstand the normal flow of traffic. If the size and character of the excavation makes it impractical to use steel plates, the permittee shall so advise the Manager or Borough Engineer at the time the application for the permit is filed, and the work shall not commence until the Manager or Borough Engineer consents to the omission of the steel plates.
M. 
The permittee shall maintain vehicular access to all private driveways, except during working hours when construction operations prohibit such access, the owner of any driveway which is affected to be notified of such nonaccess, by the permittee, prior to the commencement of the specific work. The permittee shall also insure that there is free access, at all times, to the fire hydrants in the area covered by the scope of the work.
N. 
All excavated material shall be placed compactly along the side of the trench so as to cause as little inconvenience and danger as possible to vehicular and pedestrian traffic. When the Manager or Borough Engineer deems it necessary, in order to expedite the flow of traffic or to abate a dirt or dust nuisance, containment measures shall be taken by the permittee to prevent the spread of excavated material into traffic lanes. Temporary wooden plank walks shall be installed where pedestrian traffic in the excavated area may cause inconvenience to such pedestrians. If the roadway is not sufficiently wide to hold excavated material, the permittee may use up to 1/2 the width of the sidewalk along the sidewalk line for such material, the remainder of the sidewalk to be kept open for pedestrian traffic. No excavated material shall be permitted to enter any stormwater inlet or sanitary sewer. All excavated material placed/stored on site deemed to be a nuisance or safety concern by the Manager or Borough Engineer shall be removed daily from the site.
O. 
Temporary surfacing, consisting of not less than two inches of bituminous cold patch material, shall be installed in all excavations within the paved portion of any street as soon as possible following the completion of the backfilling procedure. In no case shall the placement of bituminous cold patch material be delayed more than one business day following the completion of the backfilling procedure. Temporary surfacing shall be maintained for a period of at least two weeks free of depressions and mounds. After that length of time, and as soon as conditions permit, the temporary surfacing shall be removed and immediately replaced with the final surfacing. The final surfacing shall be completed in the presence of the Ambridge Borough Engineer or other authorized agent and in accordance with the applicable standard restoration detail or as otherwise directed by the Ambridge Borough Engineer or other authorized agent of Ambridge Borough.
P. 
The Manager or Borough Engineer may, in addition to the conditions set forth herein, impose such other conditions upon the issuance of the permit as may be reasonably necessary to protect the health and safety of the public during the course of the work.
A. 
All excavations shall be backfilled with dry, compactable material in accordance with PennDOT specifications, Form 408, latest edition, and such material shall be thoroughly compacted by proper tamping. The surface of the excavated area shall be restored to its original or equal condition, unless the permittee is authorized, by the Manager or Borough Engineer, to the contrary.
B. 
Existing pavement which is removed in the course of the work shall be cut back a distance of at least one foot beyond the outer limits of the subgrade that is disturbed in order to prevent settlement, the face of the remaining pavement to be vertically saw cut. A concrete saw shall be used for all concrete pavement cuts, and asphalt paving shall be in a straight line.
C. 
An applicant shall set forth, in detail on the application, all tunneling or boring which is contemplated under a roadway.
D. 
In the event any work performed by a permittee is deemed unsatisfactory, in the opinion of the Manager or Borough Engineer, and if such unsatisfactory work is not corrected in accordance with the instruction of the Manager or Borough Engineer or, if the work is not completed within the time specified in the permit, or any extension of time thereof, the Borough may proceed to correct such unsatisfactory work or complete any uncompleted work, all costs thereby incurred by the Borough to be billed to and promptly paid by the permittee or through the permittee's bond, provided further that the Borough, in addition to any other remedy that may possess, proceed in assumpsit against the permittee or contractor or may proceed against the property in a proper case to collect any costs incurred by the Borough, along with attorney's fees, court costs and interest at 6% per annum.
E. 
All backfilling, as well as all other work, shall be accomplished by the permittee with due diligence so that no roadway is obstructed to a greater extent or for a longer period of time than is actually necessary. If the work is not prosecuted with due diligence or, in the opinion of the Manager or Borough Engineer, it does not comply with the terms of this article, the permit or sound Borough engineering practices, the Manager or Borough Engineer shall so notify the permittee, and the permittee shall then be required, within three days of the permittee's receipt of such notice, to proceed to complete the work or correct any deficiency in the work. If the permittee does not comply with the terms of this notice, the Borough may then proceed against the permittee who has not complied with all the requirements of this article relative to any prior permits issued to him, the Manager or the Borough Engineer to be the judge of such noncompliance.
F. 
The Manager or Borough Engineer shall have the right to inspect all of the work and is also authorized to secure such outside inspection services as may, in his judgment, be necessary in order to ensure compliance by the permittee with the provisions of this article and the permit. In the event that the Manager or Borough Engineer is required to inspect the work in order to ensure compliance by the permittee with these provisions, all costs incurred by the Borough in so doing shall be paid to the Borough by the permittee.
G. 
Should settlement of a restored area of the work occur within a period of two years from the date of completion of the permanent restoration by the permittee, such settlement shall be considered conclusive evidence of defective work, and the Borough may then take all action necessary to correct the condition, the cost of such corrective action to be paid by the permittee or through the maintenance bond. Prior to taking such action, the Manager or Borough Engineer shall notify the permittee of its defective work and allow the permittee a reasonable time to correct any and all defects in said work.
H. 
The Borough shall not, in any way, be responsible for any part of the work which is either omitted or improperly done by the permittee, and no officer or employee of the Borough is authorized to assume any jurisdiction of or responsibility for such part of the work, except when same becomes necessary in the exercise of the police power of the Borough in order to protect the public health and safety.
I. 
If, in the judgment of the Manager or Borough Engineer, traffic conditions or the public health, safety or convenience require that any part of the work be performed as emergency work, the Manager shall have the authority to require that the permittee provide sufficient labor, material and facilities on a twenty-four-hour basis to complete that part of the work as soon as possible.
The applicant shall provide a certificate of insurance to the Borough, as part of its application for the permit, same to reflect that the contractor, subcontractor or any other entity who shall actually perform the work under the permit is insured against all claims for bodily injury, including death, as well as all claims for property damage, any of which may arise out of its performance of the work. This insurance shall include completed operations and underground coverages and it shall name the Borough and Borough Engineer as an additional insured. The Manager or Borough Engineer may require increased limits in the insurance coverage based upon the nature and extent of the work; however, the minimum limits for bodily injury, including death, shall be $500,000 for each person and $1,000,000 for each occurrence and a minimum of $250,000 for property damage for each occurrence.
A. 
Requirements. Each applicant shall provide the Borough, prior to issuance of the permit, with a permit bond to guarantee full performance of the work authorized by the permit, the form of the bond to be substantially that supplied to the Borough.
B. 
Bond calculation. Ambridge Borough, upon receipt of the properly completed application, shall compute the amount of deposit or bond to be provided by the applicant to the Borough of Ambridge to reimburse said Borough for any cost of work and materials furnished for the backfilling or refilling of the opening or excavation and the restoring of the surface or replacing the pavement over any such opening or excavation, together with any expenditure for labor, materials and/or inspection subsequently necessitated in the maintenance, repairing or resurfacing of any such opening for a period of two years from the date of completion, so as to leave any such street in as good a condition as it was before such excavation or opening. The amount calculated for deposit or bond shall include the estimated cost of the proposed surface and trench restoration work plus the cost of inspection and any other cost that may be directly charged to the opening or excavation. The total amount calculated shall be increased by 25% to determine the amount of deposit or bond.
C. 
Default. In the event the Manager or Borough Engineer determines that there has been a default in the performance of the work, it shall give written notice via certified mail of the default to the permittee and its corporate surety, if any, on the bond. The notice shall state the action which is to be taken to correct the default, the estimated cost of correction and the time deemed reasonably necessary for its completion. If a notice of default is issued to a permittee, the Borough may condition issuance of future road opening permits to such permittee upon submission of cash security or a letter of credit in place of the bond required herein and may deny issuance of a permit in a case where timely correction of a default is not undertaken.
D. 
Correction of default. In the event that, after receipt of the notice of default, the default shall not be corrected by the permittee within 20 days, then, in the case of a corporate surety, the surety shall be required, within the time specified, to either cause the required corrections to be made or, in the alternative, pay over to the Borough a sum equal to the estimated cost determined by the Borough Engineer for the making of the corrections. Upon receipt of such funds, the Borough Engineer shall then proceed to have the work completed; however, no liability shall be incurred by the Borough as a result of any such action taken by it, other than its responsibility to see to the proper expenditure of any funds so received by it.
E. 
Forfeiture of cash bond. Should the permittee have posted a cashier's check, as collateral to the bond, the Borough shall have the right, either following or in the course of its completion of the work, to use such portion of the funds represented by said check as are necessary to pay all costs and expenses incurred by it, any part of such funds remaining thereafter to be returned to the permittee.
F. 
Term. The effective term of a bond shall commence on the date of issuance of the permit and it shall continue, in full force and effect, until a date two years from the date of approval of the final restoration of the work by the Borough Engineer.
G. 
Annual bond for utilities.
(1) 
Public utilities may be required or permitted to post an annual bond with the Borough at the discretion of the Borough Manager or Borough Engineer. The form and amount of the annual bond shall be determined by the Borough Engineer based on the amount, nature and frequency of road openings and the permittee's prior experience, if any.
(2) 
Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation per calendar year, it may either follow the provisions of Subsection B above or, in the alternative, it may deposit the sum of $1,000 in United States currency or certified funds with the Borough, which sum shall be held by the Borough in a non-interest-bearing escrow account, and which sum shall be utilized by the Borough as security for matters which are more specifically set forth in the Borough of Ambridge Street Opening Policy and Procedures Manual adopted by Borough Council.
H. 
Return of deposit or bond. Two years from the date of completion, the permanent restoration of the opened or excavated street shall be inspected by the Ambridge Borough Engineer, who, if restoration shall be satisfactory and up to Ambridge Borough specifications, shall certify that such work is accepted by Ambridge Borough. Upon certification of acceptance of the work, the permittee shall be refunded its deposit less all costs incurred by Ambridge Borough.
If, in the opinion of the Manager or Borough Engineer, the work to be undertaken is such that it will affect any property which abuts or adjoins the area of the work, the Manager or Borough Engineer may require the permittee to give notice of the same to the owners and/or tenants of each such affected property. In the case of disruption to electric, gas, phone, water or cable services, the permittee will inform the Borough Emergency Management Coordinator, Manager and the Borough Engineer of the expected commencement and length of such disruption, such notice to be given at a time not earlier than 48 hours and not later than 24 hours before the disruption begins. Absent such notice, no disruption of said services may commence without approval of the Manager.
The applicant shall secure a street opening permit for each and every project requiring an opening undertaken by the applicant at any one time. In cases of emergency, the Police Department shall be notified, and a street opening permit shall be secured on the first official workday thereafter.
The Borough Secretary shall provide the Police and Fire Departments operating within the Borough with a copy of any permit which prohibits or restricts the flow of traffic on any roadway, and the permittee shall be responsible for coordination between itself and the Police and Fire Departments in order that the public safety be protected during the course of work.
The fee for street opening permits shall be established by resolution from time to time by the Borough Council. Payment of said street opening permit fee is a requirement for issuance of any street opening permit.
Standard restoration details, as prepared by the Ambridge Borough Engineer, are on file at the Ambridge Borough Municipal Building, and said details shall be complied with by all persons.
Any person, partnership, firm, corporation or any other entity which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to suffer imprisonment for a term not to exceed 90 days. Each day that any violation of any provision of this article continues shall constitute a separate offense.