[Amended 12-18-1995 by Ord. No. 1199; 12-16-1997 by Ord. No. 1216; 6-8-2020 by Ord. No. 1342]
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:
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
RESTORATION GUARANTEE FEE
The amount of the financial security, in a form acceptable to the Borough Solicitor and in compliance with the requirements of this article, to guarantee faithful performance of the work authorized by a permit granted. The fee shall be equal to the schedule as stated in the fee calculation. Pavement replacement shall be calculated as the future cost to mill and resurface the roadway, curb to curb, 25 feet from each end of the opening. The fee will be established by Borough Council by resolution and revised from time to time. Reference § 149-15.1, Bond requirements.
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-of-way thereof.
A. 
It shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the Borough of Canonsburg for each separate undertaking.
B. 
Any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency or unforeseen circumstances demand the work to be done immediately, provided that the permit could not have reasonably and practically been obtained beforehand. In such cases where emergency openings are necessary, the Borough shall be notified prior to such openings by either fax (PA One Call) or telephone. The person shall thereafter apply for a permit on the first regular business day on which the office of the Borough of Canonsburg is open for business, and said permit shall be retroactive to the date when the work was begun.
No permittee shall perform any of the work authorized by such permit in any amount greater than that specified in such permit. An application for a new 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 issuance of the permit. 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 by reason of failure to commence work within 30 days after issuance thereof or within any extension of time granted hereunder may be renewed only upon the payment of an additional permit fee as originally required.
Permits are not transferable from one person to another, and the work shall not be performed in any place other than the location specifically designated in the permit.
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 the expiration of the permit, present, in writing, to the Borough Manager a request for an extension of time, setting forth therein the reasons for the requested extension. If the Borough of Canonsburg 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.
All street openings required by utilities owned and/ or operated by the Borough shall be made and restored under the direction and supervision of the Borough of Canonsburg. The permit, fee, deposit, insurance and bond requirements of this article shall not be applicable to any openings made by Borough-owned and/or -operated facilities.
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 the County of Washington; provided, however, that any person 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 the County of Washington which would otherwise require a permit under the terms of this article shall notify the Borough Manager 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 Borough during the continuation of said work.
Every permit shall be granted, subject to the right of the Borough, or of any other person entitled thereto, to use the street for any purpose for which such street may lawfully be used not inconsistent with the permit.
A. 
Any permit may be revoked by the Borough of Canonsburg, after written notice to the permittee for:
(1) 
Violation of any condition of the permit or of any provision of this article.
(2) 
Violation of any other applicable provision of the Borough Code or any other applicable ordinance, regulation or statute.
(3) 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the life or property of others.
B. 
A permittee shall be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
C. 
Written notice of any such violation or condition shall be served upon the permittee or his or her agent engaged in the work. The notice shall contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail, addressed to the person to be notified.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Borough of Canonsburg shall do or cause to be done such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Borough shall be recovered from the deposit or bond of the permittee has made or filed with the Borough.
It shall be the duty and responsibility of the applicant to:
A. 
Make written application for such permit with the Borough of Canonsburg on such form as he or she shall prescribe. No work shall commence until the Borough Manager has approved the application and plan and issued a permit, and until the permittee has paid and provided all required fees, deposits, certificates and bonds.
B. 
Furnish, in duplicate, a plan showing the work to be performed under said permit. One copy of such plan shall be returned to the applicant at the time the permit is granted.
C. 
Agree to save the Borough, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of a permit shall constitute such an agreement by the applicant whether the same is expressed or not.
It shall be the duty and responsibility of any person receiving a permit to:
A. 
Pay a permit fee in an amount established by resolution of the Borough Council; provided, however, that public utility companies may elect to be billed monthly for such fees as they accrue, upon written notice to the Borough Manager.
B. 
Make a deposit to cover any additional costs borne by the Borough, specifically inspection related to the work authorized by the permit. The amount of such deposit shall be computed by the Borough Manager as provided in § 149-15 of this article. In the case of public utility companies, the Borough may waive the requirement of a deposit if said utility companies file with the Borough their corporate bond in a form satisfactory to the Borough Solicitor, conditioned upon the payment to the Borough of all costs which would otherwise be covered by and paid out of such a deposit. In the event that such utility companies elect to file such a bond, the Borough shall bill such utility companies monthly for such costs as they accrue.
C. 
Pay a restoration guarantee fee equivalent to the schedule as stated in the fee calculation. Pavement replacement shall be calculated as surface area, curb to curb and 25 feet from each end of the utility opening multiplied by a cost per square foot. Said cost as established by Borough Council by resolution for future milling and resurfacing by the Borough.
A. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
B. 
No more than 100 feet measured longitudinally shall be opened in any street at any one time, except by special permission of the Borough Manager of Canonsburg.
C. 
All utility facilities shall be exposed sufficiently or their definite location shall be determined ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.
D. 
Pipe drains, pipe culverts or other facilities encountered shall be protected by the permittee.
E. 
Any person whose facilities are damaged or caused to be relocated by the permittee shall notify the permittee and the Borough of such damage thereafter may make the necessary repairs or relocation and file a claim against the permittee with the Borough for the cost of such repairs or relocation. Public utility companies concerned shall be notified by the Borough in sufficient time to determine the validity of the damage or relocation claims. The cost of such repair work or relocation work may be withheld by the Borough Manager from the deposit pending determination of liability for the damage.
F. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the Borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained, in writing, from the Borough. Permission shall be granted only upon the condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
G. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage.
H. 
When any earth, gravel or other excavated material is caused to flow, roll or wash upon any street, the permittee shall cause removal of the same from the street within 8 hours after deposit to permit safe flow of traffic. In the event that the earth, gravel or other excavated material so deposited is not removed as specified, the Borough Manager shall cause such removal, and the cost incurred shall be paid by the permittee or deducted from his or her deposit.
I. 
Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Department of Public Works/Borough Manager to be necessary for the protection of the public. Additional safety requirements may be prescribed by the Borough Manager and, where applicable, shall be in conformance with the requirements set forth in 67 Pa. Code § 212.1 et seq., as amended, dealing with work zone traffic control. Copies of the publication shall be made available in the office of the Borough Manager for inspection by the public.
(1) 
Whenever any person fails to provide or maintain the required safety devices, such devices shall be installed and maintained by the Borough. The amount of the cost incurred shall be paid by the permittee or deducted from his or her deposit.
(2) 
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this section.
(3) 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of access. Free access must be provided to fire hydrants at all times.
J. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Written notification must be provided to the affected property owner and the Borough five days in advance of work by the contractor.
K. 
Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate dirt or dust nuisance, the Borough Manager may require the permittee to provide the boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden-plank walks shall be installed by the permittee as directed by the Borough of Canonsburg. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least half of the sidewalk width open along such sidewalk line.
L. 
Work authorized to be performed by a permittee shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless the permittee obtains written consent from the Borough Manager to do the work at an earlier or later hour. Such permission shall be granted only in the case of any emergency or in the event that the work authorized by the permit is to be performed in traffic-congested areas.
M. 
In granting any permit, the Borough may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:
(1) 
Limitations on the period of the year in which the work may be performed.
(2) 
Restrictions as to the size, weight and type of equipment.
(3) 
Designation of routes upon which materials may be transported.
(4) 
Designation of the place and manner of disposal of excavated materials.
(5) 
Daily requirements as to the laying of dust, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof.
(6) 
Regulations as to the use of streets in the course of the work.
N. 
Hydra-hammer, headache ball. The use of a mechanical device for the breaking of pavement, such as a hydra-hammer, headache ball, etc., will be permitted only under special written permission of the Borough of Canonsburg.
A. 
All pavement cuts, openings, and excavations shall be made properly and backfilled properly by the permittee according to Borough specifications, including but not limited to the details attached hereto and incorporated herein at the Appendix 1A to this article.[1] If weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, the permittee shall install a temporary surface in accordance with municipal specifications until such time as weather conditions will permit permanent restoration of the street surface.
[1]
Editor's Note: Appendix 1A is on file in the Borough offices.
B. 
The Borough Manager and Department of Public Works shall be notified by the permittee a minimum of 72 hours in advance of backfilling and restoration to provide adequate time to schedule an inspection. Such notice shall provide the approximate time each will begin.
C. 
No backfilling or restoration shall be accomplished unless or until the Department of Public Works is present or permission has been granted for backfilling or restoration after inspection by the Department of Public Works.
D. 
If the Borough of Canonsburg finds that paving surfaces adjacent to the street openings may be damaged where trenches are made parallel to the street or where a number of cross trenches are laid in proximity to one another or where the equipment used may cause such damage, it is required that the permittee correct and return the disturbed area to its predisturbed condition.
E. 
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence. The permittee is required to complete permanent restoration of the street surface in accordance with Borough specifications within seven days after repairs and/ or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with Borough specification during:
(1) 
The period between the completion of repairs and/ or installation and the commencement of final restoration.
(2) 
The periods during the actual work when workers do not require access to the excavation.
F. 
Inspections of all work authorized by a permit shall be made by the Department of Public Works and/or the Borough Engineer at such times and in such manner as required to assure compliance with provisions of this article. If the nature of the work to be performed under any permit is such as to require the services of a full-time inspector, the Borough Manager shall provide for the services of such inspector.
G. 
All costs of inspection shall be borne by the permittee. Such costs shall be based upon a schedule of charges on file in the offices of the Borough.
H. 
If any settlement in a restored area occurs within a period of two years from the date of completion of the permanent restoration and the permittee fails to make such correction after notification, any expense incurred by the Borough in correcting such settlement shall be paid by the permittee or recovered from his or her bond, unless the permittee submits proof, satisfactory to the Borough Manager, that the settlement was not due to defective backfilling.
I. 
In no case shall any opening made by a permittee be considered in the charge or care of the Borough or any of its officers or employees, and no officer or employee of the Borough is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power when it is necessary to protect life and property.
A. 
Computation of deposit. The Borough, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to Subsection E of this section; provided, however that the minimum deposit required shall not be less than $500. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the Borough for the cost of any work and/ or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Borough in carrying out the provisions of this article. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the Borough its corporate bond as provided in § 149-12B of this article.
B. 
Form of deposit. The deposit may be either in the form of a certified, treasurer's or cashier's check. Personal checks will be accepted and permit will be accepted once the check has cleared.
C. 
Insufficient deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Borough an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Borough may institute an action to recover the same in any court or competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
D. 
Yearly deposit. Whenever any public utility company shall anticipate applying for permits for more than one street opening or excavation per calendar year and does not elect to file a corporate bond as hereinbefore provided, such public utility company may post one deposit in an amount and form as hereinbefore provided for that calendar year or part thereof to cover the cost of deposits which would otherwise be required for the anticipated permits.
E. 
Deposit and cost schedules. Yearly resolution shall establish a schedule of charges for inspections, labor, materials and other such expenses as may be incurred by the Borough in carrying out the provisions of this article. This schedule shall be established by the Borough Manager in accordance with the reasonably anticipated costs to be incurred by the Borough making such inspections, including reasonable administrative and overhead expenses, and in accordance with the currently prevailing costs in the area for any labor and materials which may be provided by the Borough. The Borough Manager shall revise said schedule from time to time to reflect any increase or decrease in the costs used to establish said charges. The schedule shall be open to public inspection in the office of the Borough upon request.
F. 
Decision on costs. The decision of the Borough Manager as to the cost of any work done or repairs made by him or her under his or her direction, pursuant to the provisions of this article, shall be final and conclusive as to such cost, subject to such rights of appeal as may exist by statute.
G. 
Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after restoration of the opening, the Borough Manager shall refund to the permittee his or her deposit, less all cost incurred by the Borough in connection with said permit. In no event shall the permit fee be refunded.
A. 
Performance bond. Each applicant or permittee, upon receipt of a permit, shall provide the Borough with financial security, in a form acceptable to the Borough Solicitor and in compliance with the requirements of this article, to guarantee faithful performance of the work authorized by a permit granted pursuant to this article. The amount of the financial security shall be equivalent to the restoration guarantee schedule as stated in the fee calculation. The term of the financial security shall begin upon the date of depositing thereof and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Borough Manager. If the permittee anticipates requesting more than one permit per year, as required by this article, he or she may furnish a single financial security to guarantee faithful performance in such amount as the Borough Manager deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year. In the case of a public utility company, its corporate bond, in a form satisfactory to the Solicitor, may be accepted in lieu of the corporate bond surety required by this section and the requirements of this article.
B. 
Maintenance bond. Each applicant, upon the receipt of a permit, shall provide the Borough with financial security, in a form acceptable to the Borough Solicitor and in compliance with the requirements of this article, to guarantee the maintenance of the work authorized by a permit granted pursuant to this article, as well as compliance with the street opening specifications of the Borough and the provisions of this article. The Borough Manager and or Borough Engineer shall determine the amount of the bond, and it shall be in relation to the cost of restoring the pavement cut to be made by the permittee; provided, however, that the minimum amount of the bond shall not be less than $2,000. The term of each bond shall begin from the completion date of the permanent restoration of the opening by the Borough and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Borough Manager. If the permittee anticipates requesting more than one permit a year, he or she may file a single financial security to guarantee maintenance of the work authorized by a permit granted under this article, as well as compliance with the specifications of the Borough and the provisions of this article, in such amount as the Borough Manager deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year. In the case of a public utility company, its corporate bond, in a form satisfactory to the Solicitor, may be accepted in lieu of the corporate surety bond required by this section and the requirements of this article.
C. 
Default in performance. Whenever the Borough of Canonsburg shall find that a default has occurred in the performance of any term or condition of the permit, notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Borough of Canonsburg to be reasonably necessary for the completion of such work.
D. 
Completion of work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Borough for the cost of doing the work as set forth in the notice.
Each applicant, upon the receipt of a permit and prior to performing work under the permit, shall procure and maintain adequate insurance in an amount of at least $1,000,000 to protect it from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or be related to the performance of work under the permit, whether such performance is by the applicant or the applicant' s contractor or anyone directly or indirectly employed by the applicant. Such insurance shall cover collapse, explosive hazards, underground work and work by equipment on the street and shall not include protection against liability arising from completed operations. The specific amount of the insurance shall be prescribed by the Borough Manager in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury and property damage shall be in an amount not less than $1,000,000 per occurrence and $1,000,000 aggregate. A certificate of insurance, in the amount required by this section and in a form acceptable to the Borough Solicitor. shall be filed with the Borough Manager prior to commencement of work under the permit. This certificate of insurance shall also state that the Borough shall be given written notice at least 60 days prior to cancellation of such insurance. The Borough shall be listed as an additional insured and/or loss payee on all policies of insurance described in this section. Public utility companies and authorities may be relieved of the obligation of submitting such a certificate if they submit satisfactory evidence, in a form acceptable to the Borough Solicitor, that they are insured in accordance with the requirements of this section 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.
A. 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street is abandoned or the use thereof is abandoned, the person owing, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Borough Manager a statement, in writing, giving in detail the location of the structure so abandoned. Whenever there are manholes or tunnels associated with any abandoned underground facilities, such manholes or tunnels shall be filled in at the time of abandonment and the Borough Manager notified thereof in writing.
B. 
When the Borough plans to pave or improve streets in which there are abandoned facilities, the owner of such facilities shall be notified to remove them if, in the opinion of the Borough Manager, their removal is in the best interest of the Borough. If the owner shall refuse to remove such abandoned facilities, the Borough shall remove the abandoned facilities and the owner shall reimburse the Borough for such removal.
A. 
If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, the Borough of Canonsburg may require the permittee to submit a list of owners and/or tenants and/or addresses of all properties abutting the area where the work authorized by the permit is to be performed. Upon receipt of such list, the Borough Manager shall notify the affected property owners and/or tenants of the proposed work to be done.
B. 
If the work to be undertaken by a permittee will affect other subsurface installation(s) in the vicinity of the proposed opening, the contractor shall notify the owner(s) of such facilities of the proposed work.
The Borough Manager shall notify, in writing, Borough police and fire authorities of all street opening permits he or she grants of a nature that would require a street being closed. Such notification shall state the nature of the work to be done, the proposed beginning and completion dates and the location of each project.
A. 
Any person, firm or corporation who violates a provision of this article or who fails to comply therewith or with any of the requirements thereof shall be, upon conviction thereof, sentenced to pay a fine up to $1,000 for each violation, plus costs, and, in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
B. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article found to have been violated. All fines and penalties for the violation of this article shall be paid to the Borough Treasurer.
C. 
The Borough may also commence appropriate actions in equity, at law or other to prevent, restrain, correct, enjoin, or abate violations of this article.
If any portion of this article is declared by any court of competent jurisdiction to be invalid, it is the intention of the Borough Council of the Borough of Canonsburg that all other parts remain in effect.
It is the intention of the Borough Council of the Borough of Canonsburg that all ordinances that are in conflict with this article are hereby repealed. Further, any ordinance not specifically mentioned in this article that is not in conflict with this article shall remain in full force and effect.