[Ord. 3466 § 2, 1997; Ord. 3689 § 1, 2011; Ord. 3748 §§
2, 3, 2016]
“City council”
shall mean the governing body of the City of Meadville.
“City manager”
shall mean the City of Meadville city manager or any other
city employee or office specifically designated by the city manager
to carry out responsibilities set forth in this article.
“City streets”
shall mean any of the roadways or alleys within the City
of Meadville which have been officially accepted as a street under
the control of the city, and which have remained open to and used
for public travel, including but not limited to the surface and subsurface
structures.
“Persons”
shall mean any individual, partnership, company, association,
corporation or other group or entity.
“Within city streets”
shall mean any area within the right-of-way as designated
in the records of the city of a street or roadway officially accepted
as a city street, open to and used for public travel within the City
of Meadville.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 4, 2016]
It shall be unlawful to engage in any of the following activities
and to cause or permit any person to engage in any of the following
activities without a permit issued by the city manager and without
complying with applicable regulations and specifications pertaining
thereto as from time to time prepared by the city manager and adopted
by resolution of the city council:
(A) Opening,
excavating or digging within city streets;
(B) Constructing
or installing any gas pipe, water pipe, electric conduit, sewer pipe
or other type of piping or facilities within city streets;
(C) Connecting
a driveway to a city street;
(D) Constructing,
cutting, altering or repairing a curb marking the boundary of a paved
street within a city street;
(E) Installation
or erection of any pole or erected structure for telephone, cable,
electric or any other service within city streets;
(F) Posting,
fastening, marking or placing any sign, bill, notice, advertisement,
or any other matter upon any utility pole within city streets;
(G) Placing,
constructing or installing any device or thing which obstructs public
travel or public use within city streets;
(H) Placing,
constructing, or installing any device or thing which allows or directs
water to enter on, into or under a city street, whether or not such
device or thing is on or within a city street.
[Ord. 3466 § 2, 1997]
A permit is not required for the following activities:
(A) Changing
or modifying parts of existing permitted facilities, such as cable
within conduit, cross arms or transformers on poles, or manhole riser
rings prior to roadway resurfacing, if no surface opening is required;
(B) Stringing
overhead utility lines; or
(C) Accessing
an existing utility facility through a manhole.
[Ord. 3466 § 2, 1997; Ord. 3748 § 2, 2016]
The application for a permit shall be on a form prescribed by
the city manager and submitted to the city manager or its designated
representative. The application shall include:
(A) A narrative
statement of the kind of work to be performed in the street surface
and street rightof-way, the amount of road surface to be disturbed,
depth of excavations, type of facilities or equipment involved and
installed, estimated time of beginning and end of work, and any unusual
circumstances or factors;
(B) For
driveway construction, a statement of course, grade, structure, materials
and drainage facilities, if any, involved in the construction of the
driveway;
(C) Two
copies of a sketch showing the location of the intended work, driveway,
sidewalk, curb, curb cut, facility or equipment, location of any existing
facilities, driveway and equipment or structure, width of the traveled
roadway, right-ofway lines and dimensions to the nearest intersecting
streets;
(D) The
name and address of all persons, corporations, partnerships or other
entities responsible for the activity for the actual installation
or construction work, for the ownership and control of any facility
or equipment installed, constructed or erected, and for engineering
services;
(E) Any
other information as may reasonably be required to demonstrate the
applicant’s ability to completely and properly discharge the
construction, restoration, maintenance and financial responsibilities
as may be imposed by the applicable regulations; and
(F) Satisfactory
evidence that the proposed work facilities will not be detrimental
to or inconsistent with the integrity of the right-of-way, other existing
facilities, the city’s maintenance responsibilities and the
safe and convenient passage of traffic.
[Ord. 3466 § 2, 1997]
There shall be submitted at the time of application a fee as
set forth in a fee schedule adopted from time to time by the city
council which shall include the fee for processing the application
and the fee for making inspections. The fee schedule shall be posted
and made available to all applicants.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 5, 2016]
In the event the work involves substantial road cuts or openings
involving more than 200 square feet or more than 200 linear feet,
the permittee shall be charged and be liable to the city for the reasonable
actual costs of inspection by the city manager’s designated
representative, unless in advance the city manager and permittee shall
agree upon a unit cost inspection charge to be paid in advance.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 6, 2016]
(A) In
the event the work involves substantial road cuts or openings involving
more than 200 square feet or more than 200 linear feet, the city manager
may require security, which may include, but need not be limited to:
(1) Surety bonds in a form and amount acceptable to the city manager
to guarantee restoration in a manner satisfactory to the city manager
and to guarantee necessary maintenance costs for the facility and
the right-of-way in which it is located for a period of at least two
years after the completion of the permitted work.
(2) An escrow account acceptable to the city manager to fully secure the obligations set forth in subsection
(A)(1) of this section as an alternative to obtaining surety bonds.
(B) The
amount of the security shall be based upon reasonable estimates of
the cost to restore the affected portion of the roadway and for maintenance
for a period of at least two years after completion of the work, as
determined by a qualified engineer or other person designated by the
city manager.
[Ord. 3466 § 2, 1997; Ord. 3748 § 2, 2016]
The city manager or its designated representative shall issue
a permit upon completion of all application requirements, and upon
a determination that the proposed location of the activity is suitable,
that the proposed activity appears to pose no hazard or danger to
adjacent properties or other facilities, or to the public safety and
welfare of the residents of the city, and that the person granted
the permit has the qualifications and resources necessary to complete
the activity in accordance with the requirements of this code and
city regulations. Said permit and the rights created thereby shall
be expressly conditional upon the applicant’s compliance of
all terms and provisions set forth in this code, the applicable regulations
and specifications in the permit, including any conditions added by
the city manager.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 7, 2016]
All permits shall be subject to the following insurance conditions
and requirements:
(A) No
work shall be undertaken without current and applicable policies of
insurance in effect including workmen’s compensation coverage
and vehicle insurance coverage meeting the minimum requirements of
Pennsylvania law.
(B) No
work shall be undertaken without current and applicable policies of
comprehensive general liability and contractors’ liability insurance
in effect providing minimum coverage of $1,000,000 per person and
$1,000,000 in the aggregate for bodily injuries, death and property
damage claims on a per occurrence basis.
(C) Permittee
shall require subcontractors or persons engaged in any construction
or other work related to the project to obtain and maintain in effect
insurance meeting the same requirements as set forth above.
(D) Upon
request, permittee shall provide certificates of insurance to the
city manager and other information as may be required to confirm that
the coverages required are in effect.
[Ord. 3466 § 2, 1997]
As a condition of the permit, the permittee shall agree to fully
indemnify and save harmless the City of Meadville, its officers, agents
and employees of and from liability for damages or injury to persons
or property arising out of any act or omission of a contractor, agent,
servant, employee or person engaged or employed in, about or upon
the work, by, at the instance of or with the approval or consent of
the permittee, including a failure of the permittee or a person to
comply with the permit, the requirements of this code, the applicable
regulations, or any other regulation or law.
[Ord. 3466 § 2, 1997; Ord. 3748 § 2, 2016]
(A) The
permit is binding upon the permittee, its agents, contractors, successors
and assigns and the permittee is responsible for causing compliance
with the terms and conditions of the permit by its employees, agents
and contractors.
(B) Responsibility
for compliance with the terms of the permit may not be assigned or
transferred by the permittee without approval.
(C) No
permits for opening or cutting a cartway or street surface shall be
granted for work between November 1st and March 31st except for extraordinary
reason.
(D) A permit
shall establish a reasonable time for completion of the work, which
shall not be less than 30 days, and the work shall be completed within
that time unless an extension is requested and granted.
(E) There
shall be full and complete compliance with all the regulations and
specifications established from time to time by the city manager and
adopted by the city council, which are applicable to the activity
undertaken and for which the permit was issued.
(F) A condition
of the permit may be modified by the city manager upon request and
for cause shown.
(G) There
shall be full compliance with all applicable laws, regulations and
rules relating to the work to be performed including, but not limited
to, One Call Law (Act No. 287 of December 10, 1974, P.L. 852, No.
287), the Clean Streams Law (Act of June 22, 1937, as amended, found
at 35 P.S. 691.1 et seq.) and O.S.H.A. construction safety and health
regulations.
[Ord. 3466 § 2, 1997; Ord. 3689 § 2, 2011; Ord. 3748 §
2, 2016]
All permittees and persons who undertake activity which disturbs
the surface of any street or curb which is the subject of this code
shall:
(A) Locate,
install and maintain all poles, wires, pipe, underground conduits
and facilities of every kind to cause minimum interference with the
proper use of streets, and to assure that the safety, functioning
and appearance of the property, and the convenience and safety of
other persons and the public shall not be adversely affected thereby.
(B) Provide
and maintain such traffic control devices and personnel as may be
necessary for the safe movement of traffic. The city manager may require
a traffic control plan and compliance with applicable Pennsylvania
Department of Transportation regulations.
(C) In
the case of disturbance of any street, sidewalk, or paved area, the
city, in its sole discretion, may perform the final surface repairs.
Should the city decide to perform these repairs, the permittee shall
be charged a fee as set forth in a fee schedule adopted from time
to time by city council by resolution. Should the city decide not
to perform these repairs, the permittee shall replace and restore
such street or paved area to its original condition, using the same
or comparable materials, in a manner meeting the specifications of
the city and satisfactory to the city manager, at no expense to the
city.
(D) If
the permittee, after making an opening in the surface to place or
repair a facility or for another purpose, fails to restore a portion
of the right-of-way to perform work which conforms to the city standards,
the city reserves the right to do the work upon notice to the permittee,
if practicable, and the permittee shall be obligated to reimburse
the city all costs of the city relating to the work performed and
administration thereof, together with an additional 20 percent of
such cost. Such amounts shall be payable within 30 days of the date
of the bill and may be recovered in any manner provided for in this
code or at law.
(E) Where
the permittee operates and leaves in place structures or facilities
in, upon or along the right-of-way, the permittee or successors shall
maintain and keep them in good order and repair.
(F) The
permittee shall be responsible for restoration of the street for two
years after completion of any activity which disturbed the surface
of the street. If there is a failure of the street, including a slope
or other appurtenance thereto, in the area of the permitted work within
two years after the completion of the permitted work and there is
no similar failure of the street beyond the area of the permitted
work, the permittee has absolute responsibility to make restoration
of this area unless the permittee delivers clear and convincing evidence
to the city manager demonstrating that the failure was caused by another
person. Having a bond, other security or an agreement to secure restoration
costs does not relieve the permittee of the restoration obligations
imposed.
(G) Acknowledgment
by the city’s inspector that all or part of the permitted work
has been completed does not constitute approval or acceptance of the
work or agreement that the work was performed in accordance with the
applicable standards. Acknowledgment of completion by the inspector
will not act as a release of the permittee or waiver by the city of
its right to seek performance or restitution from the permittee.
(H) Relocate
its facilities and equipment or take such other reasonable action
as may be necessary to accommodate public improvements, such as alterations,
changes or improvements to or on any street, sidewalk or other public
way, at no expense to the city.
(I) If
at any time a structure or facility installed by permittee shall become
a hazard from any cause whatsoever, the permittee and its successors
shall remain responsible for having the hazardous condition removed,
repaired, or otherwise corrected within a period of 30 days after
receipt of written notice, unless a shorter period of time is established
by the city manager due to the emergency nature of the circumstance.
[Ord. 3466 § 2, 1997; Ord. 3748 § 2, 2016]
(A) Before
undertaking any construction or installation of equipment or facilities,
the permittee shall provide the city manager with at least 48 hours’
advance notice of any work to be performed including location and
period of time involved in the undertaking.
(B) The
city manager shall have the right to inspect the work at any time
to be certain it is being done in accordance with the permit, the
requirements of this code and applicable city regulations and other
applicable laws and regulations.
(C) The
city manager or its designated representative shall have the right
to stop work that is not being performed in accordance with the requirements
of this code and applicable city regulations and the permit.
(D) When
completed, a plan shall be submitted to the city manager showing the
location of facilities and equipment and identifying same.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 8, 2016]
Emergency repairs involving the placing of facilities or opening
of the surface within the rightof-way may be performed prior to obtaining
a permit under the following circumstances:
(A) Utility
owners or operators may obtain emergency permit cards by submitting
an application to the city manager. The application shall be accompanied
by payment of the fee established in the applicable schedule of fees.
(B) The
utility facility owner or operator shall, within five days of the
emergency, notify the city manager by telephone, electronic mail or
facsimile when the necessity for an emergency repair has occurred.
(C) Application
for a regular permit shall be made within five days of the emergency
to confirm and describe, in detail, the reason for the emergency,
the date, time and place the work was done; and a description of work
performed. The application number shall then be entered on the emergency
permit card by the applicant.
(D) Work
performed under authority of an emergency permit card shall conform
to the requirements of this code and applicable city regulations.
(E) An
emergency permit card shall be valid for one year. It must be renewed
each subsequent year.
(F) The
utility shall be responsible for assigning the proper emergency permit
cards to its work crews.
[Ord. 3466 § 2, 1997]
The permission granted under this code does not relieve the
permittee and/or its contractors from obtaining any consent otherwise
required from the owner or owners of the abutting property and does
not confer upon the permittee and/or its contractor the right to cut,
remove or destroy trees or shrubbery within the legal limits of the
street except under such conditions, restrictions and regulations
as the city may prescribe.
[Ord. 3466 § 2, 1997; Ord. 3748 § 2, 2016]
When a term or condition of this code or city regulations or
specifications cannot be met, an applicant or permittee may request,
in writing, that the city manager modify that term or condition. If
it is not required by law, the city manager may make a modification
under the following circumstances:
(A) The
proposed modification represents the minimum feasible deviation from
the term or condition to be modified.
(B) The
requested modification is necessary to avoid hardship which is not
mere economic hardship.
(C) The
city engineer or other designated and qualified representative has
approved the modification.
(D) If
a requested modification is granted by the city manager, the permit
will specify the allowable modification.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 9, 2016]
Violation of this code, the applicable city regulations and
specifications and the permit requirements may result in any one or
more of the following actions:
(A) Upon
receipt of verbal or written notice of violations from the authorized
representative of the city manager, the city manager may order the
permittee to cease any further work in the permitted area except to
restore the area to a safe condition. No further work may commence
in the permitted area until the violations have been remedied. Where
the permittee has received verbal notice of the violations, written
notice shall be sent to the permittee within two business days of
receipt of the verbal notice.
(B) The
city manager may revoke the permit or emergency permit card.
(C) The
city manager may order the removal of facilities installed without
a permit or in violation of the provisions of this article.
(D) The
city manager may institute a proceeding before the district judge
or in a court of law to recover penalties as provided in this code,
or an action in a court of law to abate the violation, or for any
other remedy allowed at law.
(E) If
the applicant fails to rectify a defect which presents an immediate
or imminent safety or health hazard within 48 hours or any other defect
within 60 days after written notice from the city manager to do so,
the city or a contractor hired by the city may do the work and impose
upon the applicant the cost thereof, together with an additional 20
percent of the cost, which may be recovered in the manner provided
above.
(F) The
city manager may institute an action to recover the penalties and
fees imposed by this code which action may include obtaining and executing
on a judgment or filing a municipal claim and lien for the amounts
due.
(G) The
city manager may take such other action as may be allowed at law and
necessary or proper to alleviate violations, after consultation with
the solicitor.
[Ord. 3466 § 2, 1997; Ord. 3748 § 2, 2016]
A permit may be revoked under the following circumstances:
(A) Whenever
the city manager determines that the work is not being performed in
accord with the requirements of this code, the city regulations or
specifications, or the permit, that the permitted facility is not
being properly maintained, is in violation of a condition of the permit
or this code, the city regulations or specifications, or where the
activity or facility constitutes a hazard to traffic or interferes
with the proper use of the highway by the city or the public.
(B) For
nonpayment of a fee required by this code including default of a check
submitted for payment.
[Ord. 3466 § 2, 1997; Ord. 3748 §§ 2, 10, 2016]
(A) Notice
of Violation. Upon determining that a violation has occurred or is
occurring, the city manager shall provide the violator(s) with a written
notice of the violation which shall include the following information:
(1) The code and applicable city regulations or specifications being
violated, together with reference to the sections involved.
(2) The conduct which constitutes the violation, together with specific
location, dates and persons involved.
(3) The penalty imposed under this code due to the violation.
(4) The action to be taken to remedy the violation with a reasonable
period of time to make corrections, as appropriate, not to exceed
30 days.
(5) The person(s) to contact concerning remedial action or other concerns.
(6) The additional enforcement action that may be taken if the violation
does not cease.
(B) Service
of Notice. The notice required above shall be either served personally
upon the violator(s) or by registered mail, return receipt requested,
or as a last resort by regular mail to the last known address as reasonably
ascertained from the public records.
(C) Appeals.
A violator receiving a notice of violation may appeal to the code
appeals board and request a hearing in accordance with the Local Agency
Laws of Pennsylvania. An appeal must be filed with the city manager
within 10 days of the date of the notice of violation.
[Formerly 903.19. Ord. 3466 §
2, 1997; Ord. 3748 § 2, 2016]
Any person who fails to comply with any or all of the requirements
or provisions of this code, the applicable city regulations or specifications
or condition of permit, or who fails or refuses to comply with any
notice, order or direction of the city manager or its designated representatives,
shall be guilty of a summary offense and, upon conviction, shall pay
a fine not to exceed $600.00 per violation, plus costs of prosecution
including court costs and reasonable attorney fees incurred by the
city in the enforcement proceedings. In default of such payment, such
person shall be imprisoned for a period not to exceed 10 days. Each
day or portion thereof that a violation is found to exist shall constitute
a separate offense. Each section of the code which is being violated
shall also constitute a separate offense.