Any natural person, municipal authority, corporation, partnership,
joint venture, sole proprietorship, firm, association and any other
entity of whatever type.
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.
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.
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.
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:
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.
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.
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.
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.