[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:
Any person who makes application for a permit.
January 1 through December 31, inclusive.
The City of Lebanon, Lebanon County, Commonwealth of Pennsylvania.
The City of Lebanon Authority.
A fund established and regulated by the City, the moneys
herein are explicitly designated for the resurfacing and reconstruction
of City streets.
Includes soil cement, plain cement concrete or reinforced
cement concrete. Material contained in the base course of some City
streets.
Actual expenditures incurred by the City for labor, equipment
and materials. These expenditures include all fringe benefits and
overhead.
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.
The City Department of Engineering, a part of the Bureau
of Public Works.
The City of Lebanon Director of Public Works and/or Director
of Streets and Public Improvements.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life and/or property.
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.
A fee paid by the permittee to the City to defray street
opening inspection costs.
A fee paid by the permittee to the City to cover the costs
of issuing, processing and filing the street opening permit.
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, utility
or corporation.
Any utility company, excluding corporate authorities of the
City, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
That portion of the street right of way reserved for sidewalks.
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.
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.
