[Adopted 3-16-2016 by Ord. No. 554, approved 3-16-2016]
The following words, when used herein, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
APPLICANT
Any person, as defined herein, who makes application for
a permit.
BOROUGH
The Borough of Conway, Beaver County.
DEGRADATION FEE
A fee charged for the excavation/opening of a road that has
been constructed or resurfaced within seven years of the date of application
for a street opening permit.
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
ENGINEER
The Borough Engineer of the Borough of Conway, Beaver County,
who shall be a registered professional engineer in the State of Pennsylvania,
or his authorized representative or inspector.
FOREMAN
The Borough Foreman of Public Works, or his designee.
PERMIT
The approval issued to an applicant to perform any work covered
by the terms and conditions of this article.
PERMITEE
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this article.
PERSON
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
ROADWAY
Any public street, highway, road, easement, right-of-way
or alley within and under the jurisdiction of the Borough of Conway,
Beaver County, including that portion of any right-of-way which is
improved and may have curbs and/or sidewalks.
WORK
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors and subcontractors,
which involves, to any extent, any roadway of the Borough of Conway,
Beaver County.
In order to receive a permit the applicant shall:
A. Complete and file a written application with the Borough Secretary
on the application form prescribed and furnished by the Borough.
B. No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in §
104-2, above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this article, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this article.
C. If not set forth on the application form itself, the applicant shall
file three copies of all plans which show the extent of the proposed
work for which the permit is being requested. Such plans shall include
all appropriate dimensions and other information which may be required
by the Foreman or Engineer. In addition, the applicant shall provide
three copies of suitable color photographs of the proposed work area(s)
documenting the conditions which exist prior to the start of any construction
activities.
D. Pay to the Borough, at the time of filing of the application, such
fees for the permit as set forth below as may be amended or added
from time to time, by resolution of the Borough.
(2) Degradation fee:
(a)
Less than one year: $30 square yard.
(b)
One to two years: $25 square yard.
(c)
Three to five years: $20 square yard.
(d)
Five to seven years: $10 square yard.
(3) Inspection fees: Actual cost of fees of Borough Engineer or other
consultant.
E. Furnish such certificates of insurance as are required by §
104-6, below.
F. Post the permit bond as required by §
104-7, below.
G. Present evidence, if requested by the Foreman or Engineer, that all
material, labor and/or equipment necessary to accomplish the work
are available to the applicant.
H. A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work and it shall be produced, upon
demand, to any authorized representative of the Borough.
I. Agree, by the filing of his application, to save the Borough, its
Council Members, officers, employees and agents harmless and to indemnify
all, or any of them, from any and all claims, damages, suits, liabilities
and costs which may arise, or be claimed to arise, by reason of the
work, either as authorized or as actually undertaken by the permittee.
The issuance of a permit, or the doing of any work provided for by
this article, shall constitute the agreement, by the person doing
the work, to the provisions of this subsection, irrespective of whether
same is expressed elsewhere.
The applicant shall provide a certificate of insurance to the
Borough, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out if its performance of the work.
This insurance shall include completed operations and underground
coverages and it shall name the Borough and Engineer as an additional
insured. The Foreman or Engineer may require increased limits in the
insurance coverage based upon the nature and extent of the work; however,
the minimum limits for bodily injury, including death, shall be $500,000
for each person and $1,000,000 for each occurrence and a minimum of
$250,000 for property damage for each occurrence.
If, in the opinion of the Foreman or Engineer, the work to be
undertaken is such that it will affect any property which abuts or
adjoins the area of the work, the Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Borough Emergency Management Coordinator, the Foreman and the Borough
Engineer of the expected commencement and length of such disruption,
such notice to be given at a time not earlier than 48 hours and not
later than 24 hours before the disruption begins. Absent such notice,
no disruption of said services may commence without approval of the
Borough Engineer.
The Borough Secretary shall provide the Police and Fire Departments
operating within the Borough with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway and the permittee
shall be responsible for coordination between itself and the Police
and Fire Departments in order that the public safety be protected
during the course of the work.
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000. Each
day that any violation of any provision of this article continues
shall constitute a separate offense.