City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
CALENDAR YEAR
January 1 through December 31, inclusive.
CITY
The City of Lebanon, Lebanon County, Commonwealth of Pennsylvania.
CITY CORPORATE AUTHORITY
The City of Lebanon Authority.
CITY HIGHWAY FUND
A fund established and regulated by the City, the moneys herein are explicitly designated for the resurfacing and reconstruction of City streets.
CONCRETE
Includes soil cement, plain cement concrete or reinforced cement concrete. Material contained in the base course of some City streets.
COST
Actual expenditures incurred by the City for labor, equipment and materials. These expenditures include all fringe benefits and overhead.
DEGRADATION FEE
A fee paid by the permittee to the City to defray a percentage of the costs for resurfacing and reconstruction of the City streets resulting from the depreciation of streets associated with street openings.
DEPARTMENT
The City Department of Engineering, a part of the Bureau of Public Works.
DIRECTOR
The City of Lebanon Director of Public Works and/or Director of Streets and Public Improvements.
EMERGENCY
Any unforeseen circumstance which calls for immediate action to protect or safeguard life and/or property.
EXCAVATION
The digging of any trench or excavating through or under the limits of any ordained or dedicated street in the City, excluding State highways or any public sidewalk, or the cutting into or opening and removal of any public pavement surfaces within the City.
INSPECTION FEE
A fee paid by the permittee to the City to defray street opening inspection costs.
PERMIT FEE
A fee paid by the permittee to the City to cover the costs of issuing, processing and filing the street opening permit.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the provisions of this article.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
PUBLIC UTILITY
Any utility company, excluding corporate authorities of the City, licensed by the Public Utility Commission of the Commonwealth of Pennsylvania.
SIDEWALK AREA
That portion of the street right of way reserved for sidewalks.
STREET
The entire right of way of a public street, highway, alley, road or easement within the City limits, excluding the designated curb and sidewalk area.
WORK DAY
A normal business day for the City government, that is Monday through Friday, except designated holidays.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
The opening of the surface of any City street is prohibited unless a permit is obtained for that purpose in the manner hereinafter described. Such permit shall be granted through the Bureau of Public Works of the City when the person applying for such permit files an application with the Bureau in compliance with the provisions of this article and pays into the City Treasury the amounts hereinafter stated.
(b) 
Any person working in the vicinity of a 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 standards of the Department of Engineering. Street opening permits shall not be required for persons excavating adjacent to the curb for the express purpose of installing or replacing curbs and/or sidewalks provided a curb and sidewalk permit has been obtained prior to such work.
(c) 
The obtaining of street opening permits by City departments and corporate authorities is required when work to be performed is completed by their own personnel. The permit and inspection fees are waived; however, the degredation fee shall be paid.
(d) 
All contractors performing work under contract for the City or City corporate authorities shall obtain the street opening permit for street opening work.
(e) 
Public utilities shall obtain the street opening permit for street excavations performed by their own forces or by contractors.
(f) 
In the event that street openings are necessitated by emergencies, street opening permits shall be obtained on the first regular business day on which the offices of the City are open for business and such permit shall be retroactive to the date when the work was begun.
(g) 
A person performing street openings for an emergency shall verify the emergency nature of the circumstances in writing to the Director within five days after such emergency.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
When the City proposes to reconstruct or resurface any street, the Bureau of Public Works shall first serve notice of such improvements to all persons owning property abutting the street about to be improved, and to all public utility companies operating in the City. Within 90 calendar days from receipt of such notice (or such additional period as may be necessary or appropriate as determined by the Director) all notified persons shall complete or cause to be completed all necessary repairs and replacements of utility mains, service connections and/or laterals existing under the streets and designated curb and sidewalk areas. Notified persons shall also complete or cause to be completed any new installations, under the street and designated curb and sidewalk areas reasonably foreseeable as being required for use within a five-year period thereafter. All repairs, replacements and new installations shall be in first class condition so that the same cannot reasonably be expected to require repairs or renewal within a period of at least five years thereafter.
(b) 
Upon failure of any of the notified person or persons to comply with the notice from the Bureau of Public Works to place the same in first class condition as hereinbefore provided, the City shall cause existing utility mains, service connections and/or laterals to be placed in first class condition as aforesaid, or to be entirely removed, if not used or necessary for the public convenience, whereupon the City shall be entitled to collect the cost of such renewals, repairs, removal or other work from the aforesaid responsible person or persons, either by invoicing the person or persons, or in the case of sewer house connections, by filing municipal liens therefor against the abutting properties benefitted by such connections.
(c) 
This section shall not forbid, however, the installation of new pipes, conduits or other services or structures, or the repair, replacement or removal of those already existing, in or under the portions of such highways improved as aforesaid, by tunneling beneath paving in accordance with the ordinances of the City and the directions of the Bureau of Public Works upon obtaining a permit therefor from the Bureau, and upon payment to the City of the same fees as prescribed by the provisions of this article for making a surface opening in the highway of the same dimensions.
[Ord. 30-1986, 87 § 1, passed 11-10-1986; Ord. 22-2012, 13 § 1, passed 12-16-2013]
Street opening permits shall only be granted upon compliance with the following express provisions:
(a) 
A written application shall be filed with the Bureau of Public Works for making all street openings or excavations, and the same shall be signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made; the size and location of the same; the full scope of work to be included in the project; the date or dates during which such excavation is to be permitted; the date such excavation is to be refilled and resurfaced in the manner hereinafter provided; and shall provide that the applicant shall faithfully comply with each and every provision contained in this article. An applicant shall furnish a drawing of the proposed opening site upon request of the Department. Items required on the drawing shall be specified at the time of request.
(b) 
Prior to the issuing of such permit, every such applicant shall pay to the City Treasurer the amount hereafter required for the purpose hereinafter provided and shall exhibit to the Department a receipt for the amount aforesaid.
(c) 
Where the street opening permit is required for water supply purposes, the application shall be countersigned by the Supervisor of Distribution or someone authorized by him before the permit will be granted. Where the street opening permit is required for sewer service purposes, the application shall be countersigned by the Supervisor of Wastewater Plant or someone authorized by him before the permit will be granted.
(d) 
No permit shall be granted to any applicant unless the applicant pays 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 excavation of streets of the City under prior permits.
(e) 
Except in emergency situations, the Director shall at his discretion be permitted to deny the opening of a street which has been resurfaced or reconstructed within a five-year period prior to the date of request for the street opening.
(f) 
Except in emergency situations, applications for street openings shall be submitted to the Department of Engineering at least 30 days prior to the proposed date of excavation. The Department shall review each application and grant or deny the applicant a permit upon completion of the review.
(g) 
No street opening shall be performed, except in the case of emergencies, when seasonally prohibited, on weekends (Friday 12:00 a.m. to Sunday 12:00 a.m.), holidays, or when, in the judgment of the Director, working conditions are unreasonable for such work.
(h) 
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 such work to be done in such application. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
(i) 
An applicant shall secure a certificate of insurance from the Department and have the certificate properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Department and verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or by anyone directly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for bodily injury shall be in an amount not less than $300,000 for each person and $300,000 for each accident and for property damages an amount not less than $100,000. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit. The applicant shall save and hold harmless the City from any and all damages and liability by reason of personal injury or property damage arising either directly or indirectly from the work to be performed under the provisions of this article, irrespective of the cause of such injury or damage.
(j) 
All blasting activities shall meet the requirements of Article 26 of the BOCA Fire Prevention Code (1984).
[Ord. 30-1986, 87 § 1, passed 11-10-1986; Ord. 32-2002, 03 § 1, passed 12-16-2002]
(a) 
Public utility companies desiring to open a street shall obtain an unexecuted bond of indemnity from the Department of Public Works. The bond of indemnity shall be properly executed and filed with the Department. Such bond shall be in the amount of $50,000 and shall cover street opening work performed in one calendar year and shall be for the same amount each year thereafter, unless otherwise required to be adjusted by the Department and/or Council. Any approved bond amount adjustment shall also be applied to the bond for the calendar year immediately following the year in which the adjustment was made. A bond of indemnity shall be furnished separately for each calendar year and each shall be in effect for 24 months in accordance with Section 901.16.
(b) 
All other persons including contractors performing work for City corporate authorities, desiring to open a street shall furnish a properly executed corporate surety bond. Such bond shall be executed by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania. All bonds secured by contractors performing work under contract with City corporate authorities shall be countersigned by the consulting Engineer or chairman of the authority.
(c) 
Such bond shall cover street opening work performed during one calendar year. The bond shall be in effect for a twenty-four month period in accordance with Section 901.16. The amount of the surety bond shall be $5,000 unless any street excavation and restoration work for a single project exceeds such amount. In this case, a person shall secure additional bonding in an amount equal to the difference between the $5,000 and the dollar amount computed in accordance with the following schedule:
Pavement Structure
Amount of Bond
(per sq. yd.)
Concrete foundation with asphalt surface
$30
Cement concrete surface streets
$35
Bituminous concrete surface with bituminous or stone base
$30
Macadam
$20
Unpaved public streets or alleys
$5
[Ord. 32-2002, 03 § 2, passed 12-16-2002; Ord. 22-2012, 13 § 2, passed 12-16-2013]
(a) 
A permit fee, inspection fee and degradation fee shall be paid to the City of Lebanon prior to permit issuance. The City shall have the right to waive fees for contractors performing work under contract with the City.
(b) 
The permit fee shall be in the amount of $50.
(c) 
The degradation fee and inspection fee to accompany the application, as herein provided, are to be as shown on Table 1 and 2, respectively, of this section. Note in accordance with Table 1 and 2 are as follows:
(1) 
The number of square yards computed for the degradation fee and inspection fee shall be based on the actual size of excavation disregarding any pavement that shall be removed to enable an overlap of the surface course on the existing base course.
(2) 
Sample computation appears with Table 1.
Table 1 Degradation Fee
Rate of fee in dollars per square yard. Streets constructed, reconstructed or resurfaced within the following:
PAVEMENT STRUCTURE
Less than 1 year
1 to 2 years
3 to 5 years
Greater than 5 years
Concrete foundation with asphalt surface
$28
$24
$18
$0
Cement concrete surface streets
$33
$24
$18
$0
Bituminous concrete surface with bituminous or stone base
$28
$24
$18
$0
Macadam
$18
$16
$14
$0
Unpaved public streets and alleys
$4
$4
$4
$0
EXAMPLE:
Degradation fee for street with bituminous concrete surface and stone base three years old; 80 square yards at $18/square yard = $1,440.
The number of square yards used in the computation of fees shall be based on the nearest whole square yard figure.
Minimum fee to be equal to the rate for one square yard.
Table 2 Inspection Fee
Total Square Yards to be Excavated
Inspection Fee
1 to 4
$26
5
$32
6
$36
7
$40
8
$44
9
$47
10 to 11
$50
12 to 13
$54
14 to 15
$59
16 to 17
$63
18 to 19
$68
20 to 21
$72
22 to 23
$77
24 to 25
$81
26 to 27
$86
28 to 29
$90
30 to 34
$99
35 to 39
$110
40 to 44
$120
45 to 49
$129
50 to 54
$138
55 to 59
$147
60 to 69
$161
70 to 79
$177
80 to 89
$192
90 to 99
$206
100
$212
101 or greater
$212+
1.12 x S.Y. over 100
NOTES:
1.
The number of square yards of excavation shall be computed to the nearest whole square yard.
2.
Minimum fee shall be equal to fee for one square yard.
3.
Additional square yards, if required during construction, shall be added to the original square yard computation to obtain an adjusted total. Additional fee shall be based on the adjusted total.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
In all cases where a permit has been issued and the work set forth in such permit has not been completed, the amount not completed shall be cancelled and the degradation fee along with the inspection fee paid for the uncompleted work shall be refunded without interest by the City Treasurer, upon warrant properly drawn. The permit fee shall not be refunded upon permit cancellation.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
All street opening permits are subject to revocation at any time by the Bureau of Public works after written notice for:
(1) 
Violation of any condition of the permit;
(2) 
Violation of any provision of this article or any other applicable ordinance or law relating to the work; or
(3) 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
(b) 
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 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.
(c) 
Upon revocation of the permit, the degradation and inspection fees shall be refunded to the permittee for that portion of the project not completed.
[Ord. 30-1986, 87 § 1, passed 11-10-1986; Ord. 22-2012, 13 § 3, passed 12-16-2013]
If any permittee is unable to complete the street opening work on or before the date specified in the permit, the permittee shall file a written application for an extension of time with the Bureau of Public Works. The written application shall be in letter form and shall thoroughly explain the reasons for the extension of time plus the additional length of time required. A fee of $20 shall accompany the application. This fee shall defray the costs of processing and filing the application.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface in accordance with specifications of the Department of Engineering.
(b) 
The Bureau of Public Works shall have the full authority to establish standards for paving and backfilling materials and associated procedures. Details specifying paving and backfilling procedures and materials shall be obtained from the Department prior to any street opening work.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
In case the work has not been completed before the date of expiration as shown on the permit, which time shall be fixed when the permit and/or time extension is granted, the Bureau of Public Works may take steps to backfill the trench and replace the street surface over the opening for which the permit has been issued. The City shall invoice the permittee for all costs incurred by the City in the performance of this work. Payment not made within 30 days shall be chargeable against the posted bond including all fees and costs involved in the collection of this payment.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
The permittee shall assume all responsibility for the excavation made by such party for refilling the same and for all damages that may arise from the digging of such trenches or excavations. Whenever it is determined by the Director of Public Works that in the best interests of the City it is necessary to assign additional street opening inspectors to supervise excavation, backfill or pavement restoration operations, such inspectors shall be paid by the permittee at a rate per day to be fixed by the Director.
(b) 
The Department of Engineering is authorized to make such other rules and regulations for the excavation of streets which it may deem necessary for the proper maintenance of the street surface due to excavations, which rules and regulations shall be printed upon the permit granted or forwarded from the Department in writing from time to time.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
A street opening permit shall be obtained from any test hole work. No test holes shall be made in or upon a greater surface of the highway than as specified in such permit, and no excavation or test holes shall interfere with any of the water pipes, sewers or drains of the City or any other underground utility service. Test holes having an area of four square inches or less shall be filled by the applicant with a grout composed of one part cement and two parts sand and a sufficient quantity of water, filled to the surface of the highway, and the surrounding surface of the highway shall be placed in the same condition as before. Test holes greater than four square inches in area shall be backfilled in accordance with the provisions of this article, unless otherwise directed by the Bureau of Public Works.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
All gutters shall be left open so as not to obstruct the free passage of water, and the sidewalks and footways shall be kept in a safe and passable condition. All excavations or material from them shall have placed upon them sufficient lights and barricades to identify them from all directions during the day and after dark.
(b) 
If, for safety purposes the Bureau of Public Works deems it necessary to install additional warning devices, such as lights, barricades or signs, the permittee shall be notified of the decision and shall receive instructions on the installation. In case of emergencies the City may install all additional warning devices deemed necessary by the Department of Engineering. The City shall invoice the permittee for rental and installation costs incurred by the date of installation until the permittee installs warning devices.
(c) 
If the permittee fails to install such devices, the City shall invoice the permittee for rental and installation costs incurred from the date of installation until the date of removal. Payment not made by the permittee within 30 days of the invoice date shall be chargeable against the posted bond including all fees and costs involved in the collection of this payment.
(d) 
All openings shall have a sign at least 12 inches by 18 inches clearly displayed with the contractor's name and phone number.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
In no case shall a permittee open or remove a greater area of street surface than specified in the original application. The permittee shall not open any street area at any location not specified in the original street opening permit. If the permittee determines during construction that an additional area of the street will have to be opened, he shall notify and secure permission from the Bureau of Public Works for the additional opening. Upon receipt of permission, the permittee shall file a supplementary application for the work no later than the next work day. Fee amounts specified in this article shall be followed for any subsequent fees associated with supplementary application.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
The permittee shall guarantee and maintain his work for 24 months from the completion of the restoration and replacement work. Within this twenty-four-month period, upon notification from the City of necessary correction work required, the permittee shall correct or cause to be corrected all restoration work required within five calendar days of receipt of the notification. The Bureau of Public Works shall determine the extent of restoration required and the method of correction. Any and all work not completed within this five-day period may be completed by the City at the discretion of the Director of Public Works. The City shall invoice the permittee for all costs incurred by the City in performance of this work. Payment not made within 30 days of the invoice date shall be chargeable against the posted bond including all fees and costs involved in the collection of this payment.
[Ord. 30-1986, 87 § 1, passed 11-10-1986]
(a) 
Any person violating the provisions of this article shall, upon conviction thereof, be fined not less than $100 nor more than $300 for each and every offense, together with costs, and in the default of payment thereof, be imprisoned for not more than 30 days. Each failure to obtain a permit, or having obtained a permit, to comply with any of the requirements of this article, and each day during which such violation continues, shall constitute a separate offense.
(b) 
The Bureau of Public Works reserves the right to deny the issuance of future street opening permits to any person who violates the provisions of this article.