[Adopted 8-9-1977 by Ord.
No. 5-77 as Part 9, Art. 905 of the 1977 Code]
[Amended 7-11-1989 by Ord.
No. 2-89]
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:
Any person who makes application for a permit.
The City of New Kensington.
Any unforeseen circumstance which calls for immediate action.
The City Engineer of the City of New Kensington or his
authorized deputy, representative or inspector.
Any person who has been issued a permit and has agreed to fulfill
all terms of this Article.
Includes any natural person, partnership, firm, association, utility
or corporation.
The improved portion of any public street, public highway, public
way, public road, public easement or alley within the city, including that
portion of the right-of-way improved with curbs and sidewalks.
[Amended 7-11-1989 by Ord.
No. 2-89]
A.
Permit required. No person shall make any tunnel, opening
or excavation of any kind in or under the surface of any street, except for
the erection of public utility poles, without first securing a permit from
the city for each separate undertaking. However, any person maintaining pipes,
lines or underground conduits in or under the surface of any street by virtue
of any law, ordinance or franchise may proceed with an excavation or opening
without a permit when emergency circumstances demand the work be done immediately
for the preservation of the public health, safety or welfare, provided that
the permit could not reasonably and practically have been obtained beforehand.
Such person, however, shall thereafter apply for a permit on the first regular
business day on which the office of the city is open for business, and the
permit shall be retroactive to the date when the work was begun.
B.
Limitation.
(1)
No person to whom a permit has been granted under the
provisions of this Article shall perform any of the work authorized by such
permit in any amount or quantity greater than that specified in the permit,
except upon the approval of the Engineer and payment of the additional fee.
Additional work may be done under the provisions of the permit in an amount
not greater than 10% of the amount specified in the permit. Any bond posted
in connection with the original permit shall be deemed to cover any such additional
work as may be approved pursuant to this section within the limit mentioned
herein.
(2)
The provisions of this section shall not apply whenever
excavations of any exploratory nature are made in order to determine the location
of underground facilities, provided that in such instances the permittee,
immediately upon completion of the excavation, shall specify on the permit
the proper amount or quantity of work and shall post the proper bond.
C.
Commencement of work. Work for which a permit has been
issued pursuant to this Article shall commence within 60 days after the issuance
of the permit. If not so commenced, the permit shall be automatically terminated.
Permits thus terminated may be renewed upon the payment of a new permit fee
and renewal of the bond.
D.
Permits nontransferable. Permits issued under this Article
are not transferable from one person to another, and the work shall be carried
out only at the location specifically designated in the permit.
E.
Expiration. Every permit issued hereunder shall expire
at the end of the period of time specified in the permit. If the permittee
shall be unable to complete the work within the specified time, he shall,
prior to expiration of the permit, present in writing to the Engineer reasons
for the requested extension. If in the opinion of the Engineer such an extension
is necessary, the permittee may be granted additional time for the completion
of the work.
F.
Right of street use. Every permit issued hereunder shall
be granted subject to the right of the city or any other person entitled thereto
to use the street for any purpose for which such street may lawfully be used.
G.
Revocation.
(1)
Any permit issued under this Article may be revoked by
the Engineer after notice for:
(2)
Written notice of such violation shall be served upon
the person to whom the permit was granted or his agent or employee engaged
in the work. Such notice shall also contain a brief statement of the reasons
for revoking such permit. Notice may be given either by personal delivery
thereof to the person to be notified or by United States mail, addressed to
such person to be notified.
[Amended 7-11-1989 by Ord.
No. 2-89]
It shall be the duty and responsibility of any person applying for a
permit to:
A.
Make a written application for such permit with the office of the Engineer on such form as the city shall prescribe. No work shall commence until the Engineer or his designee has approved the application and issued a permit and until the person has paid and furnished all fees and bonds required by this Article. However, in accordance with § 181-24A, work of an emergency nature may commence before a permit has been issued when the permit cannot be practically obtained beforehand. The application for a permit constitutes an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the city and the laws of the commonwealth in relation thereto.
B.
Furnish, in duplicate, when required by the Engineer,
plans showing the extent of the proposed excavation work, the dimensions and
elevations of both the existing ground prior to the excavation and of proposed
excavated surfaces, the location of the excavation work and such other information
as may be prescribed by the Engineer.
C.
Agree to save the city, its officers, employees and agents
from any and all costs, damages and liabilities which may accrue or be claimed
to accrue by reason of the work to be done in the application. The acceptance
of any permit under this Article shall constitute such an agreement by the
applicant whether the same is expressed or not.
[Amended 7-11-1989 by Ord.
No. 2-89]
It shall be the duty and responsibility of any person obtaining a permit
to:
A.
Pay a permit fee of $50 for the issuance of an excavation
permit. The minimum excavation bond fee shall be in an amount varying with
the amount of surface to be opened, dug or excavated under the permit issued.
[Amended 6-9-1998 by Ord.
No. 3-98]
D.
Present evidence, when required by the Engineer, that
all materials, labor and/or equipment which are necessary to complete such
undertaking as authorized by the permit are available.
E.
Keep the original copy of the permit at all times while
such work is in progress and show such permit upon demand to any authorized
representative of the city.
[Amended 7-11-1989 by Ord.
No. 2-89]
A.
No openings or excavations in any street shall extend
beyond the center line of the street until the surface of the street is restored
to a condition safe and convenient for travel. At no time will a cartway be
closed to traffic flow unless authorized in writing by the Engineer.
B.
Unless authorized by the Engineer, no more than 250 feet
measured longitudinally shall be opened in any street at any one time until
the surface of the street is restored to a condition safe and convenient for
travel.
C.
The work of excavation shall be so conducted as not to
interfere with any utility lines or connections or other underground facilities,
unless permission of the proper authorities in connection with such facilities
has been obtained.
D.
The permittee shall expose all utility facilities, including
sewers, storm drains, gas mains, water mains, telephone and electrical conduits
and other utility obstructions, sufficiently ahead of trench excavation work
to avoid damage to those facilities and to permit their relocation if necessary.
Compliance with the utility notification requirements of Act 287 and Act 172[1] is the applicant's responsibility.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
E.
Where a pipe drain, pipe culvert or other structure or
facility is damaged, it shall be replaced, restored or straightened as necessary
by the permittee to the satisfaction of the City Engineer.
F.
Any monument of granite, concrete, iron, steel, brass
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 city shall not be removed
or disturbed or caused to be removed or disturbed without first obtaining
permission in writing from the Engineer to do so. Permission shall be granted
only upon condition that the permittee shall pay all expenses incidental to
its proper replacement.
G.
When any earth, sand, gravel, rock, stone or other excavated
material is caused to be deposited upon or to roll, flow or wash upon any
street so as to create a nuisance or endanger life or property, the person
responsible shall cause the same to be removed immediately from the street
upon notification to do so by the Engineer. In the event that it is not removed
within eight hours after notification, the Engineer shall cause such removal,
and the cost of such removal shall be paid by the permittee.
H.
To protect the public, every permittee shall place around
the project such barriers, barricades, lights, warning flags and danger signs
as shall be determined by the Engineer. All safety requirements and precautionary
measures prescribed by the Engineer shall be based upon and in conformance
with, where applicable, the requirements set forth in Form 408, Pennsylvania
Department of Transportation publication, latest edition. Whenever any person
fails to provide or maintain the safety devices required by the Engineer,
such devices shall be installed and maintained by the city. The amount of
the cost incurred shall be paid by the permittee. No unauthorized 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 Article.
I.
While work is in progress and while workmen are on the
site, every permittee shall maintain safe crossings for vehicle traffic at
all street intersections and safe crossings for pedestrians at intervals of
not more than 300 feet. Two lanes of traffic shall be held open at all intersections,
where possible, by the removal of dirt and the use of covering steel plates.
While work is in progress and workmen are not on the site, all excavations,
whether at intersections or elsewhere, shall be covered by steel plates. All
plates must lie firmly secured and, when necessary and practical, imbedded
in bituminous material so as to withstand the normal flow of traffic on the
street. When the size and character of the excavation make it impractical
to use steel plates, the permittee shall so advise the Engineer at the time
when he applies for his permit and shall not proceed with the work until he
obtains the Engineer's consent not to use steel plates.
J.
Access to private driveways shall be provided except
during working hours when construction operations prohibit provision of such
access. Free access must be provided at all times to fire hydrants. Owners
of affected driveways shall be notified prior to beginning of any work.
K.
All materials excavated 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. Wherever necessary, in the opinion of the Engineer,
in order to expedite the flow of traffic or to abate a dirt or dust nuisance,
boards or bins will be required to prevent the spreading of dirt into traffic
lanes. Temporary wooden plank walks shall be installed where the excavated
area is muddy and causes inconvenience to pedestrians. If the street is not
wide enough to hold the excavated material without using part of the adjacent
sidewalk, the permittee or his agent shall keep a passageway at least 1/2
the sidewalk width open along such sidewalk line. No excavated material shall
be allowed to enter the storm inlets and/or sewers.
L.
In granting any permit under this Article, the Engineer
may attach such other conditions thereto as may be reasonably necessary to
prevent danger 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 and type of equipment.
(3)
Designation of routes upon which material may be transported.
(4)
The place and manner of disposal of excavated materials.
(5)
Requirements as to the laying of dust, cleaning of streets,
the prevention of noises 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.
(7)
Requirements as to providing flagmen to control traffic
flow.
[Amended 7-11-1989 by Ord.
No. 2-89]
A.
If the street or alley is improved or consists of the
natural ground of ordinary material, the excavation or trench shall be refilled
with a dry, compactable material as per PennDOT Specs Form 408, 1987 Edition,
Section 400 and Section 703.3, thoroughly compacted by adequate tamping and
surfaced with the same type of material as the original. Specific paving requirements
for recently paved streets follow:
[Amended 6-9-1998 by Ord.
No. 3-98]
(1)
Any street constructed or resurfaced within two years
prior to the proposed excavation shall be repaired in accordance with the
standard detail in the city ordinance, then milled and overlaid full width
1 1/2 inches deep to 10 feet beyond the limits of excavation.
(2)
For any street constructed or resurfaced within two to
five years, milling will be limited to transition groves, joints of the excavated
area shall be covered with paving fabric, and the full width resurfaced to
ten feet beyond the limits of excavation with a one-inch overlay.
(3)
Any street that has been constructed or resurfaced more
than five years ago would be subject to the current repair detail, which includes
cutting back the paving one foot beyond the trench excavation on all sides,
placement of five inches of BCBC and 1 1/2 inches of wearing course with the
joints between the existing and new asphalt sealed.
B.
The Engineer must be notified by the permittee, not more
than 48 hours nor less than 24 hours prior to the beginning of work, of the
date and approximate time at which work will be begun.
C.
Whenever it is necessary to break through existing pavement
for excavation purposes, the pavement shall be removed to at least one foot
beyond the outer limits of the subgrade that is to be disturbed in order to
prevent settlement, and a one-foot shoulder of undisturbed material shall
be provided in each side of the excavated trench. The face of the remaining
pavement shall be approximately vertical. A power-driven concrete saw shall
be used so as to permit complete breakage of concrete pavement without ragged
edges. Asphalt paving shall be scored or otherwise cut in a straight line.
No pile driver may be used in breaking up the pavement. See Standard Detail
Exhibit A.[1]
[1]
Editor's Note: Standard Detail Exhibit A is on file in the city offices.
D.
No tunneling shall be allowed without the express approval
of the Engineer and permission therefor endorsed upon the permit. The backfilling
of a tunnel excavation shall be made only in the presence of the City Engineer
and shall be done only in a method approved by him.
E.
In the event that any work performed by or for a permittee
is, in the opinion of the Engineer, unsatisfactory and the same is not corrected
in accordance with his instructions within the time fixed by him or in the
event that the work for which the permit was granted is not completed within
the time fixed by the Engineer, the city may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 15%, to the permittee or his surety.
F.
After such excavation or opening is commenced, the work
of making and backfilling the same shall be prosecuted with due diligence
and so as not to obstruct the street more than is actually necessary. If the
work is not so prosecuted or if the work does not, in the judgment of the
Engineer, comply with the terms of this Article, he shall so notify the person
named in the permit and shall require such person, within three days after
the service of such notice, to proceed with the diligent prosecution of such
work or properly to complete the same, as the case may be. If such notice
is not complied with, the city shall proceed against the applicant's performance
bond. No further permit shall be granted any person until any opening or excavation
already made by him has met all requirements of this Article. The Engineer
shall be the sole judge of proper performance, and his opinion shall be final.
G.
The Engineer or his authorized agents may make daily
inspections of all work authorized by permits issued pursuant to this Article.
The Engineer is empowered to employ an inspector if the engineer is of the
opinion that the work to be performed pursuant to a permit authorized by this
Article is such that an inspector is necessary to ensure compliance with the
various provisions of this Article.
H.
If any settlement in a restored area occurs within a
period of one year from date of completion of permanent restoration, it shall
in general be considered as conclusive evidence of defective backfilling.
I.
No opening or excavation made by a permittee shall be
considered in the charge or care of the city or of any officer or person employed
by the city, and no officer or employee is authorized in any way to take or
assure any jurisdiction over any such opening or excavation, except in the
exercise of police power where and when it is necessary to protect life and
property.
J.
If in his judgment traffic conditions, the safety or
convenience of the traveling public or the public interest require that the
excavation work be performed as emergency work, the Engineer shall have full
power to order, at the time the permit is granted, that a crew of men and
adequate facilities be employed by the permittee 24 hours a day to the end
that such excavation work may be completed as soon as possible.
A.
Computation of deposit. The Engineer, upon receipt of
the properly completed application, shall determine the amount of the deposit
to be made by the permittee; provided, however, that it shall never be less
than $50. Such deposits shall be submitted to the city at the time the permit
is granted. The purpose of the deposit is to cover the cost of the permit
fee and all necessary inspections.
B.
Form of deposit. The deposit may be in the form of cash,
certified, treasurer's or cashier's check or surety bond made payable to the
city and meeting the approval of the Engineer. The surety bond must be written
by a reputable surety company licensed to do business in the Commonwealth
of Pennsylvania, and the bond shall be conditioned upon the payment of all
charges required by this Article. Such bond must be approved by the City Solicitor
as to form. Deposit may be in the form of a corporate bond, subject to the
approval of the City Solicitor. The Engineer shall have the right to require
the submission of the deposit in any of the above-specified forms.
C.
Insufficient deposit. If the deposit made is less than
sufficient to pay all fees and costs, the permittee shall, upon demand, pay
to the city an amount equal to the deficiency. If the permittee fails or refuses
to pay such deficiency upon demand, the city may recover the same by action
in any court of competent jurisdiction. Until such deficiency is paid in full,
additional permits shall not be issued to such permittee.
D.
Yearly deposit. Whenever any public utility or municipal
authority maintaining underground facilities shall contemplate more than one
street opening or excavation per calendar year, it may post a bond, and said
bond must be written by a reputable surety company licensed to do business
in the Commonwealth of Pennsylvania, or a corporate bond, and the bond shall
be conditioned upon the payment of all charges estimated to be required by
this Article during the term of the bond. Such bond must be approved by the
City Solicitor as to form.
E.
Deposit schedules. The Engineer is required to establish
a schedule of charges for inspections, labor, materials and such other expenses
as may be incurred by the city in meeting the objectives and requirements
of this Article. The schedule shall be open to public inspection in the office
of the Engineer upon request.
F.
Decision on costs. The decision of the Engineer as to
the cost of any work done or repairs made by him or under his direction pursuant
to the provisions of this Article shall be final and conclusive.
G.
Refund of deposit. Upon certification by the permittee
that all work authorized by the permit has been completed and after inspection
by the Engineer, the Engineer shall authorize the city to refund to the permittee
his deposit less all costs incurred by the city in connection with the permit.
However, in no event is the permit fee or inspection fee to be refunded.
[Amended 7-11-1989 by Ord.
No. 2-89[1]]
The certificate of insurance required by the applicant under § 181-26B shall indicate that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. Such insurance shall provide complete third-party coverage for the city. The amount of such insurance shall be prescribed by the Engineer in accordance with the nature of the risks involved; however, the liability insurance for bodily injury in effect shall be in an amount not less than $1,000,000 for each person and $3,000,000 for each accident and, for property damages, an amount not less than $1,000,000. Failure of the applicant to file such certificate shall be grounds for denying a permit. However, city departments, franchised public utilities and other governmental agencies may be relieved of the obligation of submitting such a certificate if they do the work contemplated under the permit with their own personnel or with a contractor insured as required, but such waiver shall not release any such organization from any and all liability under any of the obligations provided herein.
[Amended 7-11-1989 by Ord.
No. 2-89]
A.
Requirements. Each applicant, upon the receipt of a permit,
shall provide the city with a surety bond to guarantee the faithful performance
of work authorized by a permit granted pursuant to this Article. The amount
of the bond shall be 100% of the estimated cost of restoring the opening.
However, in no event shall the bond furnished be in an amount less than $1,000.
If the permittee contemplates requesting more than one permit per year as
required by this Article, the Engineer may require the permittee to furnish
one bond as above in such amount as the Engineer deems necessary. The bond
must be written by a reputable surety company licensed to do business in the
commonwealth or a corporate bond and must be approved by the City Solicitor.
B.
Default in performance. Whenever the Engineer finds that
a default has occurred in the performance of any term or condition of any
permit, written notice thereof shall be given to the principal and to the
surety of the bond. Such notice shall state the work to be done, the estimated
cost thereof and the period of time deemed by the Engineer to be reasonably
necessary for the completion of such work.
C.
Completion of work.
(1)
After receipt of such notice the surety must, within
the time therein specified, either cause the required work to be performed
or, failing therein, pay over to the Engineer the estimated cost of doing
the work as set forth in the notice. Upon the receipt of such moneys, the
Engineer shall proceed by such mode as he deems convenient to cause the required
work to be performed and completed, but no liability shall be incurred therein
other than for the expenditure of the sum in hand therefor.
(2)
In the event of any default in the performance of any
term or condition of the permit for the work, the surety or any person employed
or engaged on his behalf shall have the right to go upon the premises to complete
the required work or make it safe.
(3)
No person shall interfere with or obstruct the ingress
or egress to or from any such premises by any authorized representative or
agent of any surety or of the city engaged in completing the work required
to be performed under the permit or in complying with the terms or conditions
thereof.
D.
Term. The term of each bond shall begin upon the date
of the posting thereof and shall end upon one year from the date of restoration
of the excavation.
A.
Every person owning, using, controlling or having interest
in pipes, conduits, ducts, tunnels or other structures under the surface of
any street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water, sewage, steam, oil or any other material to,
from or through the city or to or from its inhabitants or for any other purposes
shall file with the Engineer, at the time of application for a permit, a map
showing the exact location, size and description of all work to be performed
by the permittee. All maps shall be drawn to a scale of not less than one
inch to 100 feet. Each map shall have a maximum size of 24 inches by 36 inches,
including a one-and-one-half-inch border on the left side, and shall have
a minimum size of 8 1/2 inches by 11 inches with a one-inch border
at the top, or a smaller size approved by the Engineer.
B.
Each map herein required shall be accompanied by an affidavit
endorsed thereon to the effect that the same correctly exhibits the details
required to be shown by this section.
C.
Maps and plans submitted in accordance herewith shall
be opened to the inspection of all persons having interest in the same.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street or the use thereof is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Engineer a statement, in writing, with an accompanying map in accordance with § 181-32, giving in detail the location of the structure so abandoned.
B.
When the city plans to pave or improve such streets with
abandoned facilities, the owner of such facilities shall be notified to remove
them, if the abandoned facility interferes with improvements. If the owner
shall refuse to remove such facility, the city shall cause such facility to
be removed at the owner's expense. When the owner removes such facilities,
the only fee charged by the city shall be for the cost of inspection, plus
15%, as provided in this Article.
[Amended 7-11-1989 by Ord.
No. 2-89]
If, in the opinion of the Engineer, the work to be undertaken by the
permittee is such that it will affect the use of properties abutting or adjoining
the project, he shall require the permittee to submit a list of the names
and addresses of the owners and/or tenants of such properties. Upon receipt
of such list, the city shall notify the affected property owners or tenants
of the proposed work to be done.
[Amended 7-11-1989 by Ord.
No. 2-89]
The Engineer shall notify, in writing, the City Police and Fire Departments
of any street opening or excavation permit which prohibits the flow of traffic
in streets and alleys within the city. Such notification shall state the nature
of the work to be done and the location of such project. He shall also notify
the Police and Fire Departments when any openings or excavations have been
closed, permitting traffic to flow therein.
[Amended 7-11-1989 by Ord.
No. 2-89]
The City Engineer shall be responsible for enforcing all provisions
of this Article.
[Amended 7-11-1989 by Ord.
No. 2-89]
This Article shall not be construed as imposing upon the city or any
official or employee any liability or responsibility for damages to any person
injured by the performance of any excavation work for which an excavation
permit is issued hereunder, nor shall the city or any official or employee
thereof be deemed to have assumed any such liability or responsibility by
reason of inspections authorized hereunder, the issuance of any permit or
approval of any excavation work.
[Amended 7-11-1989 by Ord.
No. 2-89]
A.
The city shall make available a three-year resurfacing
plan effective 30 days after the enactment of this Article, to be updated
within 30 days after the first day of January of each year, which plan will
schedule those streets contemplated for resurfacing during the specified years.
B.
All permit work initiated within nine months prior to
scheduled resurfacing and completed within three months of scheduled resurfacing
shall not be subject to a permit fee. All other sections of this Article and
subsequent fees shall be in effect.
C.
All permit work initiated and completed within one year
on streets scheduled for reconstruction shall not be subject to a permit fee.
All other sections of this Article and subsequent fees shall be in effect.
D.
For the first year of this Article, all permit fees assessed
for street openings will be assessed at the lowest assessment classifications.
[Amended 7-11-1989 by Ord.
No. 2-89]
Any person believing himself to be aggrieved by a decision of the Engineer
or his refusal to grant a permit shall have the right to appeal to Council
within 30 days from the Engineer's decision or refusal to grant a permit,
and Council's decision shall be final.
[Amended 7-11-1989 by Ord.
No. 2-89[1]]
In case any person violates any provision of this Article, any permit
issued by the city to such person under this Article shall be revoked, and
such person shall be fined not more than $600 and costs of prosecution and,
in default of payment thereof, shall be sentenced to a term of imprisonment
for a period not exceeding 90 days. Each day's continued violation shall be
considered a separate offense.
