Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1332, passed 7-24-2006]
These regulations are adopted and implemented to achieve the following general purposes and objectives:
(a) 
To regulate the opening, excavation and tunneling under streets and rights-of-way of the Town of McCandless.
(b) 
To require a permit and payment of a fee.
(c) 
To provide for the protection, refilling, resurfacing and repairing of excavations.
(d) 
To prescribe insurance and deposit requirements.
(e) 
To prescribe penalties for violations.
[Ord. 659, passed 9-23-1974; Ord. 1332, passed 7-24-2006]
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:
EXCAVATION
All digging, trenching, tunneling, boring, driving or any other means of disturbing an improved or unimproved area within the street.
PERSON
Includes any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, square, alley, highway or any other public or private right-of-way or public grounds owned or maintained by the Town of McCandless, and shall include all improved or unimproved areas within these rights-of-way.
The singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 1332, passed 7-24-2006]
It shall be unlawful for any person to cause an excavation in any street within the Town of McCandless unless such person shall first have obtained a permit as herein provided.
[Ord. 1332, passed 7-24-2006]
(a) 
Any person desiring to make an excavation in any street within the Town of McCandless (Town) shall make application to the Town. Such application shall include all information as required by the Town.
(b) 
The applicant covenants and agrees that the proposed work shall be done in full compliance with the ordinances of the Town of McCandless and the laws of the Commonwealth of Pennsylvania in relation to such work, and that the applicant shall well and truly save, defend and keep harmless the Town of McCandless from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed 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.
(c) 
Each applicant shall provide the Town of McCandless with three copies of a drawing indicating the location and amount of work to be performed.
(d) 
All street excavations will comply with the terms as set forth in the "General Provisions and Specifications Regulating Street Excavations", as adopted by resolution of Town Council. A copy of which will be given to each applicant.
[Ord. 1332, passed 7-24-2006]
(a) 
Each applicant shall provide the Town of McCandless with an acceptable certificate of insurance naming the Town as an additional insured and indicating the applicant is insured against claims for damages for personal injury, as well as claims for property damage which may arise from or out of the performance of the work, whether by it, his subcontractor, or any one directly or indirectly employed by the applicant. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street, and shall include protection against liability arising from all operations whether completed or in progress.
(b) 
The amount of liability insurance for bodily injury in effect shall not be less than $1,000,000 for each person, and for property damages not less than $1,000,000 with an aggregate of not less than $2,000,000 for each occurrence. Such certificates may be filed with the Town of McCandless on an annual basis.
[Ord. 1332, passed 7-24-2006]
Before any permit for excavation in any street in the Town of McCandless is issued, the applicant shall pay a permit and inspection fee as established by resolution of Town Council.
[Ord. 1332, passed 7-24-2006]
(a) 
Each applicant shall provide the Town of McCandless with a surety bond written by a surety company authorized to do business in the Commonwealth of Pennsylvania, cash or a certified check to guarantee the restoration of the disturbed area of excavation as required by this ordinance in an amount established by resolution of Town Council. Said bond, deposit of cash or certified check shall be retained for one year from the date of completion of the work. In the event the restoration of the surface of the excavated street is deemed to be improper, faulty, defective or not completed in a timely fashion, then in each case the permit holder shall be given a ten-day written notice by the Town of McCandless to make such repair or restoration as may be required. Upon the failure of the permit holder to comply with the terms of the notice, the Town of McCandless is hereby authorized to have such repair or restoration completed and to charge the cost thereof to the permit holder. Any subsidence or any other defect which can be attributed to improper restoration within one year of the completion of the work shall be considered to be the responsibility of the permit holder and the permit holder shall be required to correct improper restoration as set forth in this ordinance. At the expiration of the one year, the Town of McCandless shall return or refund to the permit holder the bond, cash, or certified check or that portion of the same to which the permit holder is entitled.
(b) 
A public utility shall be permitted to file one continuing form of security for street opening work done within the Town of McCandless. Such security is to be in the minimum amount as established by resolution of Town Council.
[Ord. 1332, passed 7-24-2006]
In the event of a leak, explosion or other accident to any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for the same 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 last business day thereafter, and that all other provisions of this ordinance 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 Town of McCandless may proceed to do the work necessary to remedy the situation and the owner or person responsible will be charged for such work on the basis of cost incurred by the Town.
[Ord. 1332, passed 7-24-2006]
Payment for any work done by or for the Town of McCandless shall be made by the person made liable therefore under the provisions hereof within 30 days after being invoiced for same. Upon the failure to pay such charges, the charges shall be collectible by the Town of McCandless in the manner provided by law.
[Ord. 1332, passed 7-24-2006]
Any person, whether as principal, employee or agent, violating or assisting in the violation of any of the provisions of this ordinance shall, upon conviction thereof before any Magisterial District Justice in the Town of McCandless, pay a fine of $500, and in default of the payment of such fine and costs of prosecution including attorney's fees and costs, shall be imprisoned for not more than 30 days.