Article 903
STREET OCCUPANCY
AND EXCAVATIONS
Sections:
903.09 Insurance requirements.
903.11 General conditions of permit.
903.12 Additional conditions of work.
903.15 Consent of adjoining property owners.
903.16 Modification of conditions.
903.17 Remedies for violation.
903.20 Enforcement procedures.
903.01 Definitions.
“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. 3748 §§ 2, 3, 2016; Ord. 3689 § 1, 2011; Ord. 3466 § 2, 1997)
903.02 Prohibited activities.
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. 3748 §§ 2, 4, 2016; Ord. 3466 § 2, 1997)
903.03 Exceptions.
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)
903.04 Application.
The application for a permit shall be on a form prescribed by the city manager and submpitted 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 right-of-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-of-way 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. 3748 § 2, 2016; Ord. 3466 § 2, 1997)
903.05 Fees and charges.
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)
903.06 Inspection fees.
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. 3748 §§ 2, 5, 2016; Ord. 3466 § 2, 1997)
903.07 Surety.
(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. 3748 §§ 2, 6, 2016; Ord. 3466 § 2, 1997)
903.08 Permit issuance.
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. 3748 § 2, 2016; Ord. 3466 § 2, 1997)
903.09 Insurance requirements.
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. 3748 §§ 2, 7, 2016; Ord. 3466 § 2, 1997)
903.10 Indemnification.
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)
903.11 General conditions of permit.
(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. 3748 § 2, 2016; Ord. 3466 § 2, 1997)
903.12 Additional conditions of work.
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. 3748 § 2, 2016; Ord. 3689 § 2, 2011; Ord. 3466 § 2, 1997)
903.13 Inspections.
(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. 3748 § 2, 2016; Ord. 3466 § 2, 1997)
903.14 Emergency work.
Emergency repairs involving the placing of facilities or opening of the surface within the right-of-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. 3748 §§ 2, 8, 2016; Ord. 3466 § 2, 1997)
903.15 Consent of adjoining property owners.
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)
903.16 Modification of conditions.
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. 3748 § 2, 2016; Ord. 3466 § 2, 1997)
903.17 Remedies for violation.
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. 3748 §§ 2, 9, 2016; Ord. 3466 § 2, 1997)
903.18 Revocation of permit.
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. 3748 § 2, 2016; Ord. 3466 § 2, 1997)
903.19 Reserved.
903.20 Enforcement procedures.
(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. (Ord. 3748 §§ 2, 10, 2016; Ord. 3466 § 2, 1997)
903.99 Penalty.
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. (Ord. 3748 § 2, 2016; Ord. 3466 § 2, 1997. Formerly 903.19.)