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 who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
NEW IMPROVED STREET
Newly constructed cartways, including base and surfacing
of either concrete or asphalt and reconstructed cartways surfaced
with at least 1 1/4 inch top of asphalt. It shall be the prerogative
of the Borough Engineer to define the category of "newly improved
street" and advise the proper utility companies of this designation.
NEW RECONSTRUCTED STREET
Newly constructed cartways, including subbase, base and surfacing
of either concrete or asphalt for full depth. It shall be the prerogative
of the Borough Engineer to define the category of "newly reconstructed
street" and advise the proper utility companies of this designation.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
The Allegheny County Sanitary Authority (ALCOSAN), any cable
television company or any company subject to the jurisdiction of,
and control by, the Pennsylvania Public Utility Commission.
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.
No permittee shall perform any of the work authorized by such
permit in any amount greater than that specified in such permit. If
the permittee desires to perform additional work, then an additional
application must be submitted.
Work for which a permit has been issued shall commence within
30 days after the issuance of the permit therefor. If not so commenced,
the permit shall be terminated automatically unless the permittee
applies for an extension of time within which to commence work.
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 after 60 days from issuance date.
If the permittee shall be unable to complete the work within the specified
time, he or she shall, prior to 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 Manager 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.
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 Engineer or designee. The permit, fee,
deposit, insurance, and bond requirements of this article shall not
be applicable to any openings made by municipally 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 Allegheny; 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 Allegheny which would otherwise require a permit
under the terms of this article shall notify the Borough 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.
It shall be the duty and responsibility of any applicant to:
A. Make written application for such permit with the Borough 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 triplicate, a plan showing the work to be performed under
said permit. Two copies 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.
B. Make a deposit to cover any additional costs borne by the Borough specifically related to the work authorized by the permit and, unless the permittee is granted permission to restore the street surface as provided in §
193-16D of this article, the cost of restoring the street surface removed or damaged by the work done under such permit. The amount of such deposit shall be computed by the Borough as provided in §
193-18 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.
The applicant shall be responsible for paying the costs of any
traffic study as may be required by the Borough. An initial deposit
shall be required, as established from time to time by resolution
of Borough Council, for any necessary traffic study.
The Borough, upon receipt of a properly completed application, shall determine the amount of guarantee to be made by the permittee in accordance with the schedule of charges adopted by resolution. The guarantee shall be used to reimburse the Borough for the cost of work, materials, 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 guarantee may be waived if such public utility company files with the Borough its corporate bond as provided in §
193-14B of this article. If any guarantee is less than sufficient to pay all costs, the permittee, shall, upon demand, pay to the Borough an amount equal to pay 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 of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
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 $2,000,000 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 subcontractor 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 in accordance with the nature of the
risk involved; provided, however, that the liability insurance shall
be in an amount not less than $1,000,000 per occurrence. A certificate
of insurance, in the amount required by this action and in a form
acceptable to the Borough Solicitor, shall be filed with the Borough
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 article 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.
The Borough shall notify, in writing, municipal police and fire
authorities of all street opening permits it 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 such project.