[Adopted 12-11-2017 by Ord. No. 12-11-17B]
Editor’s Note: This ordinance repealed former Art. III, Excavations, adopted 3-9-1981 by Ord. No. 3-9-81A, as amended.
For the purposes of this article, the following terms shall have the meanings set forth below:
- The portion of a street or alley, or right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
- FRANCHISED ORGANIZATION
- An organization providing a service under the authority of a franchise granted by the Municipality of Bethel Park.
- Any natural person, municipal authority, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.
- PUBLIC EASEMENT
- An established or dedicated easement or right-of-way in which a public utility or the public generally shall have the right of usage.
- PUBLIC STREET
- Any street, avenue, boulevard, road, right-of-way, lane, alley, court or walkway used or intended for use by vehicular or pedestrian traffic, which has been dedicated to or accepted for public purposes by the Municipality of Bethel Park; provided, however, that this term shall not include streets, road, highways, walkways or rights-of-way owned, maintained or under the control of other governmental agencies, or any privately owned streets.
- The total width of any land reserved or dedicated as a street, alley or crosswalk, or for any other public or private purpose.
No opening, cutting, excavating, digging, trenching, grading, boring, crossing, installation or disturbance of any kind shall be allowed upon, in, under, or across any portion of a municipal road or any municipal road right-of-way without a road occupancy permit granted by the Municipality for each separate undertaking. A permit shall not be immediately required for emergencies, provided the applicant adheres to the requirements of Section 59.24H. Permit applications are not required for accessing utility facilities through a manhole.
The application for a permit shall be on a form provided by the Municipality and submitted to the Municipality in triplicate. The Director of Engineering or his/her designee shall be responsible for review and administration of the permit. The application shall be accompanied by a fee for processing the application in accordance with the Municipal Schedule of Fees adopted from time to time by the Municipal Council for street occupancy permits and restoration charge. In addition, the applicant shall submit three copies of a sketch showing the location of the intended work, width of the traveled roadway (cartway), right-of-way lines, an address, and a dimension to the nearest intersecting road or other nearby landmark, so as to ascertain the location of the work. The applicant shall also submit a Traffic Control Plan detailing all proposed lane and full road closures, times of closures, length of closures, and work zone traffic control measures.
The public utility, franchised organization or owner of the facility to be installed, repaired or replaced shall make such application, and such applicant shall be solely responsible for compliance with the terms and conditions of this article. Contractors or subcontractors shall not be permitted to make application for a permit required by this article. The Municipal Manager, or his/her delegate, may attach such conditions to the permit as he/she may deem necessary to minimize inconvenience and hazards to the public. Failure to comply with any such conditions shall be cause for revocation of such permit and shall constitute a violation of this article.
Applicants shall be responsible for all costs and expenses incident to or arising from the permitted work, including the prescribed fees for the same, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration.
A permit issued under the terms of this article shall expire and be of no further force or effect if the work authorized by the permit shall not be commenced within 30 days of the date of issuance; and, further, such authorized work shall be completed and restored within 60 days of the start of such work. Exceptions to these provisions may be granted by the issuing authority when unusual circumstances can be demonstrated.
The permit application shall be approved or denied within 30 calendar days of submission of a complete application to the Municipality. If the application and required documents do not conform to the requirements of this article and applicable ordinances, rules, and regulations, the Director of Engineering or his/her designee shall either issue a correction notice listing the deficiencies that must be corrected, or deny the application in writing, stating the reasons. If the Director of Engineering or his/her designee is satisfied that the proposed work conforms to the aforesaid requirements, the Director of Engineering or his/her designee shall issue a permit.
No permit shall be issued for any cut or opening in a public street exceeding 300 feet. Exceptions to this provision may be granted by the issuing authority in cases involving projects of unusual magnitude or complexity. No cut more than 100 feet in length shall be opened without the express prior consent of the Director of Engineering or his/her designee.
The permit holder shall submit preconstruction video of the area of disturbance to the Municipality prior to any disturbance.
Any unusual surplus of excavated materials shall be removed by the permit holder within 24 hours. Disposal of this material at another site located within the Municipality must be approved by the Director of Engineering or his/her designee.
The permit holder must coordinate his activities with the Bethel Park Police Department, and the Police Department shall be authorized to regulate the time and sequence of the opening of public streets to minimize hazards and inconvenience to the public.
At least three working days prior to the proposed start of work, the applicant or his representative shall contact the PA One Call system at 1-800-242-1776, report the proposed work, and obtain a serial number, and provide such serial number to the Municipality. No work shall begin until such date and time as authorized by PA One Call.
At least one lane of traffic shall be maintained at all times, unless approved by the Municipality in writing. The permit holder shall comply with the provisions of PennDOT Publication 213, "Work Zone Traffic Control."
Under certain circumstances, the Municipality may allow a road to be closed and traffic to be detoured. No road shall be closed without giving the Municipality at least 72 hours' prior notice, to allow time to notify 911, police, fire departments, emergency services and the school district. No road shall be closed without the applicant submitting a detour plan to the Municipality with the permit application and having it approved by the Director of Engineering or his/her designee and the Bethel Park Police Department. No road shall be closed without proper detour signs, as approved by the Municipality and the Bethel Park Police Department, having been provided and installed by the applicant. All detour signs shall be maintained for the entire work period.
All proper erosion control measures shall be taken to ensure compliance with applicable laws. If necessary, the applicant shall obtain erosion and sedimentation control plan approval from the County Conservation District prior to starting work. Unless specifically authorized by the permit, applicants shall not alter the existing drainage pattern or the existing flow of drainage water. In addition, applicants are not permitted to direct, divert or otherwise drain surface waters onto any property without the consent, permission or other authorization from the property owners. Applicants are responsible for any damage caused to public or private property as a result of the work undertaken by the permit.
Applicants shall limit debris and materials stored within the right-of-way. All items stored on the roadway shall be contained to ensure no materials enter the storm sewer system.
The applicant shall comply with all OSHA safety requirements and procedures, including without limitation all enclosed space requirements. All excavation or trenching shall comply with the most recent federal, state and local regulations regarding safety at a construction site.
The applicant shall notify the Municipality 24 hours in advance of starting work and upon completion of temporary restoration and permanent restoration for a field inspection of the work.
In the event of a lane closure, the contractor shall notify adjacent property owners at least 48 hours in advance utilizing a door hangtag that outlines important information related to the closure, including the area impacted, the expected begin and end date for the closure, and a contact number for the responsible contractor. In the event of a full road closure, a minimum two-week notice is required. For emergency work, the contractor should provide notification as soon as possible to the impacted property owners.
If the work cannot be completed in one workday, proper barricades, flashing lights, steel plates or other methods shall be used to secure the site and insure the safety of travelers on the roads in the Municipality until the next workday. The applicant shall comply with the provisions of PennDOT Publication 213, "Work Zone Traffic Control." The Director of Public Works, Engineering or his/her designee must approve all barricades or plating proposed.
The work area shall be swept clean, cleaned of debris and otherwise policed at the end of each workday and at the end of the project. Mud shall not be tracked onto the streets at any time. All mud shall be cleaned up within one hour of verbal or written notice from the Municipality or its agents.
No materials shall be washed into the inlets or storm sewer system during the cleanup process.
Conduits and pipes shall be installed with a minimum of 18 inches of cover. In no case shall conduits or pipes be allowed to be placed within six inches of the bottom of the roadway, which includes all courses of screenings, base stone, binder and bituminous or concrete wearing surface. Separation shall be obtained by at least six inches of screenings, to allow paving to be milled in the future without damage to utilities.
The last two inches of the excavation shall be backfilled with compacted cold patch or binder asphalt material to prevent dust and stone chip nuisances. All excavations shall be temporarily restored prior to allowing traffic on them. All settlement shall be brought back to grade within 24 hours of verbal or written notice from the Municipality or its agents. The temporary restoration shall remain in place for a minimum of two months to allow for final settlement to occur through the actions of rain and traffic, but in no case shall it remain in place more than four months. If cold patch/binder is utilized through the winter months, the applicant is responsible to maintain the material until permanent restoration is complete.
All disturbed portions of a street, including all appurtenances and structures, such as but not limited to guardrail or drain pipes, shall be restored to a condition equal to or better that that which existed before the start of any work authorized by the permit.
Any lawn area disturbed as part of the work shall be restored to the condition that existed prior to the start of work. At a minimum, the following standards shall be met:
A minimum of four inches of screened topsoil shall be placed at all locations of lawn restoration.
Disturbed areas shall be permanently stabilized with a quality seed mixture and straw mulch, or mushroom manure. The seed mixture used shall match the existing grass type.
Erosion control blanket shall be placed on all slopes that are 3:1 or greater.
All wheel ruts or other construction damage created by the applicant shall be restored to a condition equal to or better that that which existed before the start of any work authorized by the permit.
Any planted or landscaped area which is disturbed by work, injured or destroyed (shrubs, grass, trees, or plants) shall be replaced with ones of the same size, color, species, conditions, caliper and quality.
Any sidewalk, driveway or other privately owned maintained facility or object damaged, destroyed or removed shall be restored to the satisfaction of the Director of Engineering or his/her designee.
Any municipal sign damaged or lost or destroyed by the permit holder shall be replaced by the Municipality and the cost thereof shall be assessed against the permit holder or recovered by the Municipality as otherwise allowed by law.
If, during the course of construction, any municipally owned or maintained sewer, underdrain, manhole, catch basin, curb, guiderail or other facility or appurtenance is damaged, destroyed or disturbed, such condition shall be reported immediately to the Director of Engineering or his/her designee, who shall then prescribe, direct, supervise and inspect the necessary corrective action.
If, in a circumstance resulting from construction activities, a condition should arise requiring immediate correction action to eliminate a hazardous situation, and it is impractical or impossible to notify the permit holder of such occurrence, municipal forces shall perform such corrective measures as are necessary to eliminate the hazardous situation. The cost of such activities shall be borne by the permit holder and recovered by the Municipality, who shall recover such costs as allowed by law.
All work shall be guaranteed for a period of two years from the date of final inspection and certification by the Director of Engineering or his/her designee that the work has been completed in accordance with the permit. The cost associated with the required repairs or maintenance shall be paid for by the applicant.
When written notice requiring repair or maintenance is given by the Municipality to the applicant for making a cut or opening and such party shall fail or neglect to make such repair or perform such maintenance within 14 days of such notice, such neglect or failure shall constitute a violation of the provisions of this article, and each day thereafter in which such condition continues to exist shall constitute a separate offense.
Except for public utility corporations operating under a franchise covering an area in whole or in part within the Municipality, all projects shall deposit with the Municipality financial security in an amount equal to 110% of the cost of completion of the work required to comply with this chapter, estimated as of 90 days following the date scheduled for completion. The form, amount and administration of the financial security shall be in accordance with Section 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509. The financial security shall be held by the Municipality until the end of a two-year guarantee period and shall be used by the Municipality as liquidated damages in case of default or nonperformance by the applicant.
Public utility corporations operating under a franchise covering an area in whole or in part within the Municipality shall have on file with the Municipality a bond in the amount of $5,000 or as may be established by resolution of the Council with a surety that is licensed to transact such business in the Commonwealth of Pennsylvania, which bond shall be renewed annually, covering the cost of all inspections made by the Director of Engineering or his/her designee pertaining to all openings or excavations made or to be made in a calendar year or shall furnish a bond in the amount determined by the Director of Engineering or his designee covering the aforesaid costs pertaining to proposed openings or excavations set out in the application. The aforesaid bonds shall have either corporate surety or other surety approved by the Municipal Solicitor and shall be conditioned to indemnify the Municipality in the event of any loss, liability or damage that may result or accrue from or be due to the making, existence or manner of guarding or constructing any opening or excavation during the term of said bond.
As part of the permit application, the applicant shall provide the Municipality with insurance certificates for the following polices of insurance in full force and effect with an insurance company(ies) admitted by the Pennsylvania Insurance Commissioner to do business in the Commonwealth of Pennsylvania and rated not less than A in Best Insurance Key Rating Guide:
Commercial general liability insurance, including property damage liability and personal injury liability of not less than $1,000,000 for each occurrence and a $2,000,000 minimum aggregate amount.
Automobile bodily injury liability insurance of not less than $500,000 each person; $500,000 each occurrence.
Statutory workers' compensation and employer's liability insurance.
All policies of commercial general liability insurance required hereunder shall name the Municipality, its supervisors, engineer and employees as additional insureds. Specifically, commercial general liability insurance policy shall name the Municipality, its officers, agents, supervisors, elected officials and employees as an additional insured under ISO endorsement CG 20 26 07 04 or non-ISO equivalent. Any policy or policies of insurance shall be primary and noncontributory to insurance coverage maintained by the Municipality. Certificates of insurance shall state that coverage shall not be canceled by either party except after 30 days' prior written notice by United States certified mail, return receipt requested, has been given to the Municipality. In addition, the applicant shall indemnify and hold harmless the Municipality and shall assume the defense and all costs of lawsuits and awards.
In the case of emergencies threatening property or lives, the applicant may proceed with the work after notifying the Bethel Park Police Department, Director of Engineering or his/her designee and 911. The applicant shall still be responsible for applying and obtaining the permit and satisfying all requirements. The application shall be made within 24 hours of the verbal or written notice to the Bethel Park Police Department, Director of Engineering or his/her designee and 911. Information communicated shall include: 1) the date and time the emergency work is started; 2) the location of the emergency work site; and 3) a description of the emergency work.
All equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit. Where other than rubber-equipped machinery is authorized, pavement, sidewalks and shoulders shall be protected by the use of matting wood, or other suitable protective material having a thickness of four inches (unless the permit indicates that the applicant plans to repave the full width of the roadway). Should damages occur, pavement, shoulders and sidewalks shall be restored to their formal condition at the applicant's expense.
In addition to the requirements of this article, all work is subject to all applicable federal, state and local laws, ordinances and regulations.
Any person or utility which shall violate or permit the violation of the provisions of this article shall, upon being found liable therefor in a criminal enforcement proceeding, pay a fine of not more than $1,000 per day nor less than $25 per day, together with court costs and reasonable attorney fees, and may be incarcerated for a period not exceeding 90 days. Such fines, costs, attorney fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Municipality pursuant to the applicable rules of criminal procedure. Each day of violation shall constitute a separate violation.
If any provision, paragraph, word or section of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.