[Adopted 7-16-2003 by Ord. No. 2699[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. IV, Street Openings, adopted 7-31-1972 as Ch. XXIII, Part
3A, of the 1972 Code, as amended.
The following words and phrases, 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:
Any person who makes application for a permit.
The Borough of Wilkinsburg, Pennsylvania.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some Borough streets.
Any governmental corporation initiated by Borough Council
under the Municipal Authorities Act of 1945.
Actual expenditures incurred by the Borough for labor, equipment
and materials, which include all fringe benefits and overhead.
A fee paid by the permittee to the Borough to defray a percentage
of the costs for resurfacing and reconstructing Borough streets resulting
from the depreciation of streets associated with street openings.
The Public Works Department of the Borough of Wilkinsburg.
Any condition constituting a clear and present danger to
life or property by reason of escaping gas, exposed wires or other
breaks or defects in the user's line.
A fee paid by the permittee to the Borough to defray street
opening inspection costs.
A fee paid by the permittee to the Borough to cover the costs
of issuing, processing and filling the street opening permit.
Any person who has been issued a permit and has agreed to
fulfill all of the provisions of this article.
Any natural person, partnership, firm, associations, utility
or corporation.
Any utility company, excluding corporate authorities of the
Borough.
A process which provides a new wearing surface in a certain
paved street area, with the same material that was existing prior
to excavation.
That portion of the street right-of-way reserved for sidewalks.
The entire right-of-way of a public street, public highway,
public alley, public avenue, public road or public easement within
the Borough limits, including the designated curb and sidewalk area.
The public utility, municipal corporation, municipal authority
or any other person who or which uses a line to provide service to
one or more customers.
Normal business hours for Borough government, including Monday
through Friday, except designated holidays.
A.
The opening of the surface of any street within the
Borough other than by the corporate authorities of the Borough is
hereby prohibited unless a permit is obtained for that purpose in
the manner hereinafter described. Such permit shall be issued by the
Borough Secretary when the person applying for such permit files an
application with the Borough Secretary in compliance with the provisions
of this article, and pays the fee hereinafter stated; provided, however,
that nothing herein contained shall be construed to permit the issuance
of a permit for the making of a tunnel under any street within the
Borough.
B.
If street openings are necessitated by emergencies,
street opening permits shall be obtained on the first regular business
day on which the Borough Office is open for business, and such permit
shall be retroactive to the date when the work was begun.
C.
A person performing street openings for an emergency
shall verify the emergency nature of the circumstances in writing
to the Borough Secretary within five days after such an emergency
on the street opening application.
Permits for the opening of any street shall
only be issued upon compliance with the following express provisions.
A.
A written application shall be filed for each and
every opening and signed by the person desiring such permit. The application
shall set forth the purpose of the opening, extent, size, location
of same, date or dates and time such opening is to be permitted, and
the date and time such opening shall be refilled and temporarily resurfaced
in the manner hereinafter provided and shall provide that the applicant
shall faithfully comply with every provision of this article. All
applications shall be accompanied by a plan or sketch showing the
exact location, character and dimensions of the proposed opening for
the installation of new work or the location of the alteration involving
changes in the location of pipes, conduit, wires or structures incidental
thereto.
B.
Prior to the issuance of such permit, every applicant
shall pay to the Borough the amount hereinafter required and for the
purposes provided. No permit shall be granted to any applicant unless
the applicant has paid all moneys then due the Borough for prior excavations
made or for any loss, damages or expense in any manner occasioned
by or arising from the work done by the applicant under the provisions
of this article.
C.
No permits shall be granted in any case until the
applicant shall have executed and delivered to the Borough a bond
in the amount hereinafter fixed, with good surety which shall be either
an approved surety or trust company or an individual who shall be
the owner of real estate in Allegheny County, which is reasonably
worth over and above all debts and encumbrances at least double the
amount of the necessary bond. The amount of the bond shall be $3,000
for each opening; $10,000 for an indefinite number of openings; and
bond shall be given up to the condition that the principal will indemnify
and save harmless the Borough from any loss, damage or expense whatsoever,
in any manner occasioned by or arising from the opening of any street,
or work done in consequence thereof, or the manner of doing such work;
and the bond shall remain in force for a period of 24 months after
the permanent resurfacing of each opening.
An applicant shall file a properly executed
certificate of insurance with the Borough and verify that the applicant
is insured against claims for personal injury as well as against claims
for property damages which may arise from or out of the performance
of the excavation work, whether such performance be by the applicant
or by anyone directly or indirectly employed by him. Such insurance
shall include protection against liability arising from completed
operations, underground utility damage and collapse of any property.
Liability insurance for bodily injury shall be in an amount not less
than $300,000 for each person and $300,000 for each accident, and
for property damages an amount not less than $100,000. Failure of
an applicant to file a certificate of insurance shall be sufficient
reason for denying said permit. The applicant shall save harmless
the Borough from any and all damages and liability by reason of personal
injury or property damage arising from work done by the applicant
under the provisions of this article.
A.
It shall hereafter be unlawful for any person, firm or corporation to open any street, alley or sidewalk in the Borough of Wilkinsburg for any purpose whatsoever without first obtaining a permit from the office of the Borough Secretary. The charge for said street and alley permit shall be as set forth in Chapter A266, Fees, per opening. The charge for said sidewalk opening permit shall be as set forth in Chapter A266, Fees, per opening and shall be assessed in accordance with Subsection D below.
B.
Any street opening or sidewalk opening in excess of
50 square feet in area shall constitute a separate street opening
or sidewalk opening, and separate fees shall be paid for each such
opening. For example, a street opening or sidewalk opening 150 square
feet in area shall require the payment of three separate fees, and
a street opening or sidewalk opening 151 square feet in area shall
the payment of four separate fees.
C.
The permit fee and inspection fee shall be paid to
the Borough Manager prior to the issuance of the permit. The Borough
shall have the right to waive fees for contractors performing work
under contract with the Borough.
D.
Where permission is granted to make an opening or openings within the lines of a sidewalk, whether improved or unimproved, or upon the dirt roadway of any street, the applicant shall pay to the Borough the fee as set forth in Chapter A266, Fees, for an opening of 10 linear feet or less for the purpose of paying for the cost of issuing such permit and the necessary inspection, and an additional charge as set forth in Chapter A266, Fees, for each additional linear foot over 10. The applicant shall restore the sidewalk or dirt roadway to its original condition and see that the same is in a reasonably safe and proper condition.
All openings shall be refilled and resurfaced
on or before the time specified in the permit according to the following
methods:
A street opening permit shall be obtained for
any test hole work. No test holes shall be made in or upon a greater
surface of the highway than as specified in such permit, and no excavation
may interfere with any water pipes, sewers or drains of the borough
or any other underground utility service. Test holes shall be promptly
backfilled in accordance with provisions set by the Borough.
It is the responsibility of each and every contractor
to register the proposed excavation by registering with the Pennsylvania
One Call System.
A.
All gutters shall be left open so as not to obstruct
the free passage of water, and the sidewalks and footways must be
kept in a safe and passable condition. All excavations or material
from them shall have placed on them sufficient lights and barricades
to identify them from all directions during the day and after dark.
B.
If, for safety purposes, the Department deems it necessary
to install additional warning devices such as lights, barricades or
signs, the permittee shall be notified of the decision and shall receive
instruction on the installation. In case of emergencies, the Borough
may install all additional warning devices deemed necessary by the
Department. The Borough shall invoice the permittee for rental and
installation costs incurred from the date of installation until the
permittee installs warning devices.
C.
If the permittee fails to install such devices, the
Borough shall invoice the permittee for rentals and installation costs
incurred from the date of installation until the date of removal.
Payment not made by the permittee within 30 days of the invoice date
will be chargeable against the posted bond, including all fees and
costs involved in the collection of this payment.
In no case shall a permittee open or remove
a greater area of street surface than specified in the original application.
The permittee shall not open any street area at any location not specified
in the original application. If the permittee determines during construction
that an additional area of the street will have to be opened, he shall
notify and secure permission from the department for the additional
opening. Upon receipt of permission, the permittee shall file a supplementary
application for the work no later than the next work day. Fee amounts
as specified in this article shall be followed for any subsequent
fees associated with the supplementary applications.
The permittee shall guarantee and maintain his
work for a period of 24 months from the completion and restoration
and replacement work. Within this twenty-four-month period, upon notification
from the Borough of necessary correction work required, the permittee
shall correct or cause to be corrected all restoration work required
within five working days of receipt of the notification. The Department
shall determine the extent of restoration required and method of correction.
Any and all work not completed within this five-day period may be
completed by the Borough at the discretion of the Street Commissioner.
The Borough shall invoice the permittee for all costs incurred by
the Borough in the performance of this work. Payment not made within
30 days of the invoice date will be chargeable against the posted
bond, including all fees involved in the collection of this payment.
The Code Director or his representative shall
have the right to inspect and supervise all work done under street
opening permits and shall see that all terms and provisions of this
article are enforced and shall have the power and is hereby directed
to prosecute every person who violates any of the provisions herein.
A.
Any person violating any provision of this article
shall be subject to a fine of not less than $100 or more than $300
for each and every offense, together with costs. The failure to obtain
a permit to comply with any requirements of this article and each
and every day during which such violation shall continue shall constitute
a separate offense. The Borough may institute proceedings under this
section by the issuance of a "notice of violation letter," assessing
a civil penalty ranging from $10 to $1,000 for each offense, and provide
the parties in violation of said Code section the opportunity to abate
the violation and pay said civil penalty in lieu of the institution
of proceedings and the imposition of the other stated penalties set
forth herein.
[Amended 5-9-2012 by Ord. No. 2892]
B.
The Borough reserves the right to deny the issuance
of future street opening permits to any person who violates the provisions
of this article. This provision in no way shall prohibit or limit
the right of the Borough to bring legal action against the permittee.
