A.
When not inconsistent with the context, words used
in the present tense include the future; words in the plural number
include the singular number; words in the singular shall include the
plural; and words in the masculine shall include the feminine and
the neuter.
B.
APPLICANT
BUSINESS DAY
CITY
CITY CORPORATE AUTHORITY
CONCRETE
COST
DEPARTMENT
DISTURBANCE
EMERGENCY
EXCAVATABLE FLOWABLE FILL
EXCAVATION
PENNDOT
PENNDOT STREET
PERMIT FEE
PERMITTEE
PERSON
PUBLIC UTILITY
RESURFACE
SIDEWALK AREA
SQUARE YARD
STREET
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.
Any normal work day for the City government, including Monday
through Friday, except designated holidays.
City of Scranton.
Any governmental corporation initiated by Council under the
Municipality Authorities Act of 1945.[1]
Soil cement, plain cement concrete or reinforced cement concrete
and material contained in the base course of some City streets.
Actual expenditures incurred by the City for labor, equipment
and materials, which include all fringe benefits and overhead.
The Bureau of Engineering.
Any change in the road surface that alters the preexisting
conditions.
[Added 6-4-2015 by Ord.
No. 102-2015]
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.
Also referred to as "controlled density fill." A low-strength
flowable mixture of cement, pozzolan (fly ash), sand and water used
as a backfill material, placed by pouring it into the excavation or
opening, requiring no subsequent vibration or tamping to achieve consolidation.
Any activity within the right-of-way of any street, alley
or cartway which involves cutting, breaking or disturbing of the surface
thereof, with the exception of reconstruction of said street, alley
or cartway. "Reconstruction" shall be defined as the complete removal
of the existing pavement structure and the construction of new subbase,
base course and wearing course of a City street whereby reconstruction
has been determined to be appropriate as part of a street improvement
program initiated by the City. In this article, the term "opening"
shall have essentially the same meaning as excavation.
[Amended 7-12-1995 by Ord. No. 111-1995]
The Commonwealth of Pennsylvania Department of Transportation.
Any Pennsylvania state road located within the municipal
boundaries of the City of Scranton, Pennsylvania.
A fee paid by the permittee to the City to cover the costs
of issuing, processing and filing the street opening permit and all
reasonable costs associated with the inspection of an excavation and
restoration of street opening.
Any person who has been issued a permit and has agreed to
fulfill all the provisions of this article.
Any natural person, partnership, firm, association, corporation,
public utility company, or municipal authority.
Any utility company, excluding corporate authorities of the
City, franchised by the Public Utility Commission of the Commonwealth
of Pennsylvania.
A process which provides a new wearing surface in a certain
paved street area between curbs with the same material which was existing
prior to excavation, unless the City Engineer deems another material
to be appropriate.
That portion of the street right-of-way reserved for sidewalks
or that area defined on the City Plan.
Surface space that measures out to the equivalent of a square
one yard (three feet) wide by one yard (three feet) long. There are
nine square feet to a square yard.
[Added 6-4-2015 by Ord.
No. 102-2015]
The entire right-of-way established for the use of vehicles,
including, but not limited to any public street, avenue, road, square,
alley, highway, or easement within the City limits, excluding the
designated curb and sidewalk area.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
It shall be unlawful for any person to open
or to make any excavation of any kind in any of the streets in the
City of Scranton unless a permit has been secured for said purpose
and in the manner hereinafter described, except in instances which
require the placement of utility poles.
A.
Any person who desires to obtain a permit to open
or to make any excavation of any kind in any of the streets in the
City of Scranton shall be a licensed contractor by the City of Scranton.
[Amended 7-12-1995 by Ord. No. 111-1995]
B.
Upon completion of a street paving/resurfacing project by any entity,
the City of Scranton will not allow the street to be excavated for
any reason for five years, except for emergency situations. (This
includes any and all activities defined as upgrades, improvements
and/or maintenance to utility systems.) Permits will not be issued
to any entity that is desirous in conducting excavations on a street
within a five-year period following a paving/resurfacing of City streets.
[Added 6-4-2015 by Ord.
No. 102-2015]
C.
Any person working in the vicinity of any City street who in any
manner disturbs such street or who in any manner causes damage to
a street shall be required by this article to obtain a permit and
correct this damage in accordance with the directives of the Department.
Street opening permits are not required for persons excavating adjacent
to the curb for the express purpose of installing or replacing sidewalks
and/or curbs, provided a curb and sidewalk permit has been obtained
prior to such work through the Department of Licensing, Inspections
and Permitting.
[Amended 6-4-2015 by Ord.
No. 102-2015]
D.
All City departments and City corporate authorities shall not be
required to obtain a permit when work is to be completed by City personnel.
[Amended 6-4-2015 by Ord.
No. 102-2015]
E.
All contractors or subcontractors performing work under contract
for the City, City corporate authority, Commonwealth of Pennsylvania
or the federal government shall obtain a permit for street excavation
work.
[Amended 6-4-2015 by Ord.
No. 102-2015]
F.
Any person who shall desire to make an opening or excavation in any
PennDOT street within the City limits shall obtain a permit from the
City in addition to obtaining a permit from PennDOT. The PennDOT permit
may be obtained from the offices of Maintenance District 4-0, Pennsylvania
Department of Transportation, O'Neill Highway, Dunmore, Pennsylvania,
18512. In the case of any leak, explosion or other accident in any
subsurface pipe, line, construction or apparatus, it shall be lawful
for the person owning or responsible for such pipe, line, construction
or apparatus to commence an excavation to remedy such condition before
securing a permit, provided that application for a permit shall be
made immediately and not later than the next business day thereafter
and that all other provisions of this article are fully complied with.
[Amended 6-4-2015 by Ord.
No. 102-2015]
Street opening permits shall only be granted
upon compliance with the following express provisions:
A.
Permits shall be issued only to a person or their
authorized agent furnishing public utility services or the owner or
owners of the real property adjoining the location where such opening
or excavation is to be made.
B.
Any person who shall desire to make any opening or
excavation in any of the streets in the City shall make application
to the City Engineer, in writing, for that purpose. Such application
shall be made upon blanks to be furnished by the City and shall set
forth the name of the applicant, the exact location of the proposed
opening or excavation and the approximate size or depth thereof, the
full scope of work to be included in the project, the date or dates
during which such excavation is to be permitted and the date such
excavation is to be refilled and resurfaced in the manner hereinafter
provided. An applicant shall furnish a drawing of the proposed opening
site upon request by the City Engineer.
C.
The application shall contain 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 and that the applicant shall well and truly save,
defend and keep harmless the City from and indemnify it against any
and all actions, suits, demands, payments, costs and charges for or
by reason of the proposed opening or excavation and all damages to
persons or property resulting in any manner therefrom or occurring
in the prosecution of the work connected therewith or from any other
matter, cause or thing relating thereto. In the event that the suit
shall be brought against the City either independently or jointly
with the permittee, and in the event of a final judgment being obtained
against the City either independently or jointly with the permittee,
the permittee shall pay such judgment with all costs and hold the
City harmless therefrom.
D.
In any instance where the street opening permit is
required for water supply and/or sewer service purposes, the application
shall be countersigned by the City Plumbing Inspector or any person
authorized by the City Plumbing Inspector before any permit shall
be granted.
E.
An applicant shall provide all necessary certificates
of insurance to the Department, which have been properly executed
by the applicant's insurance agency, 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 anyone directly or indirectly employed by him. The City shall be
named as an additional insured by any applicant, including but not
limited to utilities operating water, gas, electric or telephone facilities
within the City. 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 $1,000,000 for each person and $1,000,000
for each accident and for property damages an amount not less than
$1,000,000. If an insurance certificate is not provided as required,
a permit shall not be issued. Evidence of insurance for public liability
and property damage shall not be applicable to any excavation work
carried on by the City or its employees or utilities operating water,
gas, electric or telephone facilities within the City. Liability insurance
requirements for any blasting may be obtained from the Department.
All blasting permits shall be obtained from the Department.
F.
Any applicant issued a permit shall remit the street opening permit fee in the amount fixed by this article in Subsection H and any and all other fees associated with the street opening by the 10th of the month following the month in which the permit was issued.
G.
No permit shall be issued to any applicant unless
the applicant has paid to the City any and all moneys, then due to
the City, 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.
H.
Street opening permit fee. Any person who desires to do any street
opening or excavation of a street shall pay the sum of $125 plus inspection
fees. Any street opening or excavation shall be computed to the nearest
whole square yard of excavation for purposes of computing the inspection
fee. See Table 1 for the inspection fee schedule.
[Amended 6-4-2015 by Ord.
No. 102-2015]
I.
The work authorized by the permit is subject to all provisions of
the Act of December 10, 1974, P.L. 852, No. 287, § 1 et
seq.,[1] as amended or supplemented from time to time. It shall
be the permittee's responsibility to contact the utilities that have
recorded their facilities in compliance with said Act. A partial list
of utilities providing services in the City and their office addresses
may be obtained from the County Recorder of Deeds.
[Amended 6-4-2015 by Ord.
No. 102-2015]
[1]
Editor's Note: This Act was repealed December 12, 1986, by
P.L. 1574, No. 172. See now 73 P.S. § 182.2 et seq.
J.
Inspections documentation. The City of Scranton shall create and
maintain appropriate documentation as a work order inspection tracking
ticket. This document shall be issued to the City Inspector when a
permit is issued by the City of Scranton and shall be maintained for
compliance by the Department of Public Works and the City Inspectors
as assigned to perform the required activity. This document shall
be in effect until the work is completed and accepted by the agent/inspector
of the City of Scranton.
[Added 6-4-2015 by Ord.
No. 102-2015]
K.
Copies of permits and work order inspection tracking tickets shall
be issued and maintained by the Department of Public Works. Each permit
and work order inspection tracking ticket shall be maintained for
no less than seven years. Each permit issued shall be maintained together
with its work order inspection tracking ticket following the completion
of work and inspection.
[Added 6-4-2015 by Ord.
No. 102-2015]
[Amended 6-4-2015 by Ord.
No. 102-2015]
The Department of Public Works shall give timely
notice to all persons owning property abutting on any street within
the City about to be paved or improved and to all public utility companies
operating in the City, and all such persons and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto, which would necessitate excavation of said street within
30 days from the giving of such notice, unless such time is extended,
in writing, for cause shown by the Department of Public Works. New
paving shall not be opened or excavated for a period of five years
after the completion thereof, except in the case of an emergency,
the existence of which emergency and the necessity for the opening
or excavation of such paving to be determined by the Department of
Public Works. Any person who desires to excavate a street for a utility
within five years after completion of the paving shall make written
application to the Department of Public Works, and a permit for such
opening shall be issued only after express approval of the Department
of Public Works and City's Business Administrator.
[Amended 6-4-2015 by Ord.
No. 102-2015]
A.
Any person who shall open or excavate any street in the City shall
thoroughly and completely refill the opening or excavation in such
a manner as to prevent any settling thereafter and shall restore the
surface to the same condition as it was before the opening or excavation,
and such restoration shall be in accordance with the specifications
of the Department of Transportation of the Commonwealth of Pennsylvania,
which are hereby adopted as specifications of the City for restoration
of surfaces of streets in the City; as restored, the surface shall
conform to the proper grade and be of the same surface covering as
the part of the thoroughfare immediately adjoining the opening. Any
street or court that has received bituminous resurfacing (paving)
within a five-year period shall be milled to a depth of 1.5 inches
and resurfaced with appropriate material with (scratch leveling course)
and (wearing course 1 1/2 inches) depth curb to curb and 10 feet
beyond the farthest point of the pave cut edge in any direction by
any person who shall open or excavate any street or court for any
purposes; this includes emergency-related work. All restoration work
shall be completed within and no later than 30 days from the day recorded
for the excavation.
B.
Trenching excavations in lengths equal to the road surface and in
parallel or otherwise to the road surface shall have the same restoration
requirements as for pave cuts above for the manner of completion.
C.
If any street or court with a surface area older than five years
has more than 10% of disturbance in the surface area of any one City
block limits following any excavation, the road surface shall have
the same restoration requirements as for pave cuts above for the manner
of completion. If two pave cuts are made less than 100 feet apart,
the entire area between the two pave cuts and including the two pave
cuts shall be milled and resurfaced as described above for a width
of 1/2 the street/court width (i.e., nearest curb to center line).
If the repair excavation crosses the center line of the street/court,
then the mill and resurfacing shall be for the full width of the street/court
(curb to curb) for the entire length of the work area.
D.
If, within five years after the restoration of the surface as herein
provided, defects shall appear, the applicant shall reimburse the
City for the cost of all necessary repairs to the permanent paving
or, as directed by the City of Scranton, may be required to reconstruct
the road surface of the pave cut area to meet compliance.
E.
Pavement markings. Any person who shall open or excavate any street/court
in the City shall thoroughly and completely replace all pavement markings
to their preexisting condition within five days following the resurfacing
of the street/court.
A.
No opening or excavation in any street shall extend
from the curbline into the street a distance greater than one foot
beyond the center line of the street before being refilled and the
surface of the street restored to a condition safe and convenient
for travel.
B.
No more than 500 feet longitudinally shall be opened
in any street at any one time.
C.
The work of excavation shall be so conducted as not
to interfere with the water mains, sewers or their connections with
the houses or any other subsurface lines or constructions until permission
of the proper authorities in connection with such subsurface lines
or constructions shall have been obtained.
D.
Disturbed portions of the street, including but not
limited to slopes and appurtenances and structures, such as guiderails,
curbs, signs, markings, drainpipes, driveways and vegetation, shall
be restored by the permittee to a condition at least equal to that
which existed before the state of work.
E.
If the permittee opens pavement having a bituminous
concrete surface, the permittee shall, in addition to the requirements
contained herein, overlay the pavement in accordance with the following
conditions:
[Amended 6-4-2015 by Ord.
No. 102-2015]
(1)
When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the permittee shall overlay the lane or lanes
in which the opening was made, for the entire length of roadway that
was opened, curb to curb, in a manner authorized by the Department
of Public Works.
(2)
When three or more transverse openings have been made in the same
lane within 100 linear feet of pavement and when the openings occupy
more than 25% of the road surface between the openings, the permittee
shall overlay the lane or lanes in which the openings were made, for
the entire length of roadway between the first and last opening, curb
to curb.
(3)
If disturbed lanes adjacent to undisturbed lanes are overlaid, the
edge of the disturbed lane shall be saw-cut and milled to a depth
of 2.25 inches or to the depth of the existing surface course, whichever
is less, for the length of the opening, to ensure a smooth joint,
with proper elevation and cross section. A full-width overlay will
be required if the undisturbed lane is severely deteriorated as determined
by the Department of Public Works.
(4)
If disturbed lanes adjacent to curbs are overlaid,
the gutter areas must be milled at least three feet wide to maintain
proper curb reveal for the length of roadway that is overlaid.
F.
No tunneling shall be allowed without the express approval of the
Department of Public Works and permission therefor endorsed upon the
permit. The backfilling of a tunnel excavation shall be made only
in the presence of the Department of Public Works, or an inspector
designated by it, and shall be done only in a method approved by him.
[Amended 6-4-2015 by Ord.
No. 102-2015]
G.
All openings or excavations shall be backfilled immediately with
excavatable flowable fill or select granular material (2RC). The materials,
mix design and construction shall conform to the specifications below.
[Amended 6-4-2015 by Ord.
No. 102-2015]
(1)
Excavatable flowable fill shall be in accordance with Section 220,
Flowable Backfill, of PennDOT's Publication 408, most current edition.
(2)
Select granular material (2RC) shall be in accordance with Section
703.3, Select Granular Material (2RC), of PennDOT's Publication 408,
most current edition. If 2RC backfill is used, the pavement restoration
will include eight inches of bituminous base course. The bituminous
base course shall be in accordance with Section 309 or 311 of PennDOT's
Publication 408, most current edition.
H.
No temporary paving or cold-patch premix used as a temporary filling
in a street opening or an excavation shall be permitted (unless dictated
by weather and availability). Permanent paving shall be installed
immediately after the excavatable flowable fill has set or the select
granular material (2RC) has been properly placed.
I.
On concrete base streets, such base shall be replaced with concrete,
and the minimum size of the opening or excavation shall be 16 square
feet. During the making of any excavation in the street, every necessary
and reasonable precaution shall be taken by the applicant and the
parties making the same to keep the street in a safe and passable
condition both day and night by guards, barriers, lanterns and other
devices, and all excavating permits granted hereunder are granted
under and subject to the express condition that the person to whom
the same is issued shall indemnify, save and keep harmless the City
from any loss in damages, or otherwise whatsoever, which may or shall
be occasioned at any time by said excavation or by any leak, explosion,
or other injury from any pipe, apparatus, conduit or any other matter
placed in said excavation. Said excavation shall be done in conformity
with Ordinance No. 20-1992, whereby the City requires that all utility
and construction/maintenance work done on streets, roads, and alleys
in the City of Scranton and all utility, construction, or maintenance
work done within state highway rights-of-way be done in accordance
with Temporary Traffic Control Guidelines, PennDOT Publication 203,
and any and all amendments and supplements thereto.
J.
The applicant shall notify the Pave Cut Inspector when the opening
or excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed and when the street has been permanently
restored so that inspections may be made.
K.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Department of Public Works, be unsatisfactory,
and the same shall not be corrected in accordance with its instructions
within the time fixed by it, or in the event that the work for which
the permit was granted is not completed within the time fixed by the
Department of Public Works, the City may proceed to correct such unsatisfactory
work or complete any such work not completed and charge the cost thereof,
plus 20%, to such owner or person.
Payment for all work done by the City of Scranton
under the provisions hereof shall be made by the person made liable
therefor under the provisions hereof within 30 days after a bill therefor
is sent to such person by the City of Scranton. Upon failure to pay
such charges within such time, the same shall be collectible by the
City of Scranton by an action in assumpsit or in the manner provided
by law for the collection of municipal claims.
If any person shall fail, refuse or neglect
to comply with the provisions of this article or any rules or regulations
or any reasonable orders or directions of a City representative in
reference thereto, the City may refuse to issue further permits to
such person until such conditions or orders are complied with.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of no more than $1,000 and, in default of payment, to
imprisonment for a term not to exceed 90 days. Every day that a violation
of this article continues shall constitute a separate offense.
[Amended 6-4-2015 by Ord.
No. 102-2015]
[Added 6-4-2015 by Ord.
No. 102-2015]
|
Table 1
Inspection Fees
| |
|---|---|
|
Inspection rate of fee in dollars per square yard of streets
constructed, reconstructed or resurfaced. Inspection rates are applied
to all permits issued, including all emergency situations or approved
exceptions.
| |
|
Total Square Yards to Be Excavated
|
Inspection Fee
|
|
1
|
$50
|
|
2
|
$75
|
|
3
|
$100
|
|
4
|
$125
|
|
5
|
$150
|
|
6
|
$160
|
|
7
|
$170
|
|
8
|
$180
|
|
9
|
$190
|
|
10-11
|
$198
|
|
12-13
|
$216
|
|
14-15
|
$234
|
|
16-17
|
$252
|
|
18-19
|
$270
|
|
20-21
|
$288
|
|
22-23
|
$306
|
|
24-25
|
$324
|
|
26-27
|
$342
|
|
28-29
|
$360
|
|
30-34
|
$396
|
|
35-39
|
$438
|
|
40-44
|
$477
|
|
45-49
|
$516
|
|
50-54
|
$552
|
|
55-59
|
$588
|
|
60-69
|
$624
|
|
70-79
|
$855
|
|
80-89
|
$765
|
|
90-99
|
$822
|
|
100
|
$846
|
|
101
|
$858
|
|
Greater than 101
|
$846 + $12 per square yard over 100
|
|
NOTES:
|
|---|
|
The number of square yards of excavation shall be computed to
the nearest whole square yard. The minimum fee shall be equal to the
fee for one square yard.
|
