As used in this article, the following terms shall have the
meanings indicated:
AGENCY
The City of Washington, a public body corporate and politic.
ARTERIAL STREET
Any street with a traffic volume of 2,500 to 10,000 vehicles
per day, including Jefferson Avenue, Maiden Street, Beau Street, Chestnut
Street, _____________.
ASPHALT CONCRETE or AC
Blend of aggregate and asphalt binder meeting the specifications
set forth in the City of Washington Standard Specifications, "Asphalt
Concrete," and the PennDot specifications, "Asphalt Concrete."
CHIP SEAL
See the definition of "slurry seal."
CITY
The City of Washington, an agency of the Commonwealth of
Pennsylvania and a Third Class City pursuant to the Pennsylvania Third
Class City Code.
ENCROACH
Constructing or placing temporary or permanent structures,
improvements, facilities or materials in, on, over or under any public
right-of-way or using any right-of-way so as to prevent, obstruct
or interfere with the normal use of that way, including but not limited
to the performance of any of the following acts:
A.
Excavating or disturbing the public right-of-way;
B.
Erecting or maintaining any post, sign, pole, fence, guardrail,
wall, pipe, conduit, cable, wire, communication service equipment,
or other facility or structure on, over or under a public right-of-way;
C.
Planting any tree, shrub, grass or other growing thing within
the public right-of-way;
D.
Placing or leaving on the public right-of-way any rubbish, brush,
earth or material;
E.
Constructing, placing or maintaining on, over, under or within
a public right-of-way any pathway, sidewalk, driveway or other surfacing;
any culvert or other surface drainage or subsurface drainage facility;
or any pipe, conduit, wire, communication service equipment or facility
or cable; or
F.
Constructing, placing, planting or maintaining any structure,
embankment, excavation, tree, or other object adjacent to the public
right-of-way which causes or may cause an encroachment.
ENGINEER
The City Engineer, his or her designee.
EXCAVATION
Any trench cuts within the street right-of-way to access
or install a utility line or any related facility in excess of four
square feet or four feet long, whichever is smaller. All such excavations
shall require an encroachment permit.
EXCAVATOR
The applicant/permittee to which an encroachment permit is
issued for the purposes of excavation.
FACILITY
Any fiber-optic, coaxial or copper cable; communication service
equipment; telephone, telecommunications, electric or other wire,
line or equipment; utility structure; oil, gas or other pipeline;
duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box;
surface location marker; pole; subsurface tiebacks; soil nails; stairs;
access ramps; subsurface foundations; landscape features, including
curbs around planter areas; planter boxes; clocks; bus shelters; phone
booths; bike racks; fencing; retaining walls; benches; stockpiles;
building materials; and other appurtenances or tangible things located
in, upon, above, beneath or across any public right-of-way.
MAJOR ARTERIAL STREET
Any street with a traffic volume of more than 15,000 vehicles
per day, including __________.
MAJOR DEFECTS
Any defects greater than the deficiency tolerances specified
in the City of Washington Standard Plans and Details; the PennDot
Specifications and Details; or individual contract plans and specifications.
PERMITTEE
Any person, contractor, utility or special district that
has been issued a permit pursuant to this chapter, including any lawful
successor, transferee or assignee of the original permittee. All obligations,
responsibilities, and other requirements of the permittee shall be
binding on successors in interest of the original permittee.
PERSON
Any natural person, firm, joint venture, joint-stock company,
partnership, association, club, company, corporation, business trust,
organization or the manager, lessee, agent, servant, officer or employee
of any of them, or any other entity which is recognized by law as
the subject of rights or duties, not including the City of Washington,
the Washington Community Redevelopment Agency, or the City's
or Agency's officers, employees, or agents.
PROHIBITION STREET
Streets that have been reconstructed or resurfaced within
the past three to five years.
PUBLIC RIGHT-OF-WAY
The area in, upon, above, beneath or across any land or interest
which by deed, conveyance, agreement, easement, dedication, usage
or process of law is reserved for or dedicated to the use of the general
public for travel, and includes any public street, road, highway,
freeway, bridge, lane, court, alley, boulevard, sidewalk, median,
parkway or emergency vehicle easement.
PUBLIC STREET
The full width of the surfaced or travel portion, including
shoulders, of any road, street, path, lane or alley dedicated to,
reserved for, or used by or for the general public when those roads,
streets, paths, lanes and alleys have been accepted as and declared
to be part of the City system of public streets, except highways forming
a part of the state highway system.
SLURRY SEAL
A mixture of polymer-modified asphalt emulsion, mineral aggregate,
mineral filler, water and other additives, properly proportioned,
mixed and spread in accordance with the City of Washington Standard
Plans and Details and the Caltrans Standard Specifications; usually
less than 1/2 inch in thickness.
SPECIAL DISTRICT
Any agency of the state for the local performance of governmental
or proprietary functions within limited boundaries, and includes a
county service area, a maintenance district or area, an improvement
district or improvement zone, or any other zone or area within which
a property tax or assessment will be levied to pay for a service or
improvement benefitting that area.
STREET OVERLAY
One or more courses of asphalt construction on an existing
pavement; usually greater than 1/2 inch in thickness; generally includes
an asphalt-leveling course to correct the contour of the old pavement.
STRUCTURE
Any physical alteration or improvement, including but not
limited to a building, post, cabinet, fence, vault, sign, pole, guardrail,
wall, facility, pedestrian walking path, sidewalk, driveway, track,
surfacing, culvert, drainage facility, pipe, embankment or excavation.
UTILITY
Any person or entity providing electricity, gas, telephone,
telecommunications, water, or other services to customers and which,
pursuant to state law or local franchise, is entitled to install its
facilities in the public right-of-way.
WEARING SURFACE DEFECTS
The defects in the surface of a roadway that is in direct
contact with traffic and that resists the resulting abrading, crushing
or other disintegrating action.
Any violation of this article may be enforced either as a summary
offense or by any remedy available to the City under this article
or under state law. Potential enforcement measures include but are
not limited to the following:
A. Fine.
(1) If a City inspector finds that a contractor has committed any of
the following violations, then the contractor may be required to pay
a fine or penalty for his or her actions. The penalties for violations
are listed in the City's Master Fee Schedule, which may be amended
from time to time by resolution of the City Council.
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VIOLATIONS PENALTIES
(not to exceed amount shown)
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1.
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Working without a permit: administrative citation, stop-work,
and apply and pay for the required permit.
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2.
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Excavation without providing public notice: administrative citation
and stop-work.
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3.
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Beginning a major project without having a preconstruction meeting:
administrative citation.
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4.
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Violation of permit conditions: administrative citation.
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5.
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Improper site protection: improper plating, path of travel,
barricading, etc.: administrative citation.
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6.
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No permit on site: administrative citation.
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7.
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Improper trimming of trench: administrative citation.
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8.
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Any trench left open after the allowed work hours that is not
backfilled and covered: administrative citation.
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9.
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Improper public notice; no notice sign, wrong information on
sign/notice: administrative citation.
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10.
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Noncompliance with trench restoration requirements: administrative
citation.
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11.
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Improper housekeeping; failure to remove spoil, dirty site,
no sweeping, etc.: administrative citation.
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12.
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Other excavation code violations: administrative citation.
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(2) The above fines, when assessed, shall be deducted from the cash deposit
required by this article or will be paid by the applicant if there
is not a cash deposit.
B. Suspension. Whenever the Street Superintendent finds that a suspension
of an encroachment permit is necessary to protect the public health
or safety from imminent danger, the Street Superintendent may immediately
suspend any such permit pending a hearing for remedial action or revocation.
The Street Superintendent shall, within three working days of the
emergency suspension, give a written notice of such suspension to
the permittee, by personal service or by first class mail, postage
prepaid, to the last known address of the permittee. The permittee
may, within 15 days after service of such a written notice of suspension,
file with the Health Officer a request for a hearing regarding the
suspension. The City Health Officer or his or her designee shall schedule
a hearing on the suspension within five working days of receipt of
a request for hearing. If the City Health Officer or his or her designee,
after the hearing, finds that the public health or safety requires
correction or alteration of any condition caused by or existing on
the site of the encroachment, he or she shall issue one or more of
the following:
(1) An order to correct any particular noncompliance.
(2) A revocation of the encroachment permit.
(3) A continued suspension of the encroachment permit, until such time
as the dangerous condition is corrected.
(4) A modification or reinstatement of the encroachment permit, with
conditions as necessary to prevent harm to the public. The City Health
Officer or his or her designee shall, within 10 days of the hearing,
render a written opinion, stating the findings upon which the decision
is based, and the action taken. The decision of the City Health Officer
or his or her designee shall be final, except a decision to revoke
the permit, which may be appealed to the City Council in accordance
with this article.
C. Revocation. The Street Superintendent may recommend that the City
Health Officer revoke a permit where he or she finds that:
(1) The permittee has violated any provision of this article or conditions
of the permit;
(2) The permittee has failed to pay any required fees or to post or maintain
any bond or insurance required by this article;
(3) The encroachment for which the permit was granted adversely affects
the safety, capacity or integrity of the City's public right-of-way
or increases the City's liability exposure;
(4) The encroachment is causing the City to incur substantial additional
maintenance costs; or
(5) Material misrepresentations, omissions, or inaccuracies were made
in the application for the permit. The Engineer shall give the permittee
at least 10 days' written notice of a hearing before the City
Health Officer or his or her designee on the proposed revocation of
a permit issued pursuant to this article, setting forth the grounds
for such action. If after reviewing all evidence presented before
or at the public hearing the City Health Officer or his or her designee
makes any one of the five findings set forth above, he or she may
revoke the permit. The City Health Officer or his or her designee
shall, within 10 days after the close of the hearing, render a written
opinion, stating the findings upon which the decision is based and
the action taken. The decision of the City Health Officer or his or
her designee may be appealed to the City Council in accordance with
this article.