[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 73-1935; amended in its entirety 10-11-2016 by Ord. No. 17-2016. Subsequent amendments noted where applicable.]
CROSS-REFERENCES
Curbing removal or grade change: see Ch. 9-109.
Excavation damaging shade tree: see Ch. 10-101.
Local Agency Law: Subchapter B of Chapters 5 and 7, Act of April 28, 1978, P.L. 202, as amended (2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754).
Misdemeanors relating to streets: see Ch. 3-357.
Street improvements and assessments: see Ch. 9-101.
A. 
No person, firm or corporation shall cut or dig open any roadway of any public street or sidewalk within the City without first obtaining a permit therefor from the office of City Engineer.
B. 
A separate permit is required for each property address. An exception may be granted by the City Engineer for major trench work serving multiple addresses.
C. 
The office of the City Engineer shall issue a permit, which shall be valid for up to six months from the date of issue. All permitted work shall be completed within those six months. Permits which are approaching expiration may be extended by applying for a supplemental permit valid for up to an additional six months. No more than two supplemental permits may be granted.
D. 
Cuts made to access public utilities must be submitted in the name of the utility facility owner or operator providing the utility service. An application for a public utility cut may not be in the name of a contractor nor in the name of a person being serviced by the public utility.
E. 
Curb, sidewalk, driveway cuts and any other work not involving a public utility shall be submitted in the name of the property owner or contractor for the property owner.
The application for the required permit shall be made in writing on the form prescribed and shall be signed by the applicant. The application shall be signed by the applicant. The application shall set forth the location and description of the premises for which such cut or opening is to be made and the name of the owner thereof, the dimensions and purpose of the proposed cut or opening and the approximate time required for the completion of the work. In addition, the applicant shall furnish such other or further information as the City Engineer may require.
A. 
The City Engineer shall have the right to refuse to issue any such permit if, in his or her opinion, the proposed work is not necessary or if, in his or her opinion, the bond filed pursuant to § 9-103.5 is insufficient to warranty the applicant's restoration and maintenance obligations on all outstanding permits under this chapter.
B. 
The City Engineer shall promulgate a procedures manual to describe the procedures, standards and methods by which applicants will be permitted to gain access to and work within the rights-of-way of the City of Harrisburg. The City Engineer will conduct periodic reviews of the procedures manual and modify from time to time where, in his or her opinion, the change will enhance public safety, minimize inconvenience to the general public or ensure that all excavations made are restored in accordance with this chapter. Further, upon the granting of any such permit, the City Engineer shall have the authority to regulate the manner of making the actual cuts or openings so as not to interfere unnecessarily with the proper use of the highways by the public. Such authority shall include, but not be limited to, the power to require that work be done on a continuous, around-the-clock, twenty-four-hour basis.
Within five days from the refusal by the City Engineer to issue any such permit, any applicant may appeal in the manner provided by law for appeals from the decisions of local agencies.
Before the issuance of any such permit, the applicant therefor, as principal, shall execute and file with the office of the City Engineer a bond, conditioned that the applicant shall fully and completely perform all acts and things necessary to be performed with respect to the restoration and maintenance of the highway and the payment of the cost of such restoration and maintenance. The bond shall remain in effect for a period of two years from acceptance of the final restoration or five years from the date of issuance, whichever is longer. A new bond shall be submitted each twelve-month period and shall remain in effect as provided herein in this section. The amount of the bond shall be:
A. 
$50,000 for public utility companies;
B. 
$10,000 for curb, sidewalk, driveway cuts and any other work not involving a public utility, except that for work limited to only sidewalk and curb improvements, the applicant may post financial security in the form of a bond, letter of credit or other approved form in the amount of $150 per square yard.
It shall be the duty of the person receiving the permit, in the manner set forth in this chapter, to cause promptly such highway or sidewalk to be restored within six months from permit/supplement issue date.
When closing either vehicular or pedestrian traffic lanes due to construction, the applicant must provide a maintenance and protection of traffic plan conforming to PennDOT Publication 213 and any additional criteria set forth in the procedures manual promulgated pursuant to § 9-103.3.
A. 
Administrative and inspection fees.
(1) 
The office of the City Engineer shall charge an administrative fee to a permittee for a street cut or sidewalk excavation, valid for a period of up to six months, in the following amount:
(a) 
Application fee: $250.
(b) 
Application fee for work limited to only sidewalk and curb improvements: $25.
(2) 
The office of City Engineer shall charge an inspection fee in the following amounts:
(a) 
Inspection fee up to and including three square yards: $60; each additional square yard: $30 per square yard.
(b) 
Inspection fee for steel plate installation: $60 each steel plate.
(c) 
Inspection fee for long-term closures in high-volume areas (vehicular or pedestrian), or in areas of complicated traffic patterns or detours: $100. The City Engineer will make the determination as to whether this inspection fee is applicable and promptly notify the applicant before issuing a permit.
(3) 
The office of the City Engineer shall charge an administrative fee to extend permits for up to an additional six months in the following amount:
(a) 
Supplemental fee: $250.
(4) 
The minimum charge is one square yard. Fractions are rounded to the nearest whole square yard.
B. 
The office of the City Engineer shall also charge a degradation fee to a permittee for a street cut or excavation that has been applied for and granted within 10 years after a street has been repaved. This charge will be on a sliding-scale basis. The minimum charge is two square yards, rounded to the nearest whole square yard. Those charges will be:
1st Year
2nd Year
3rd Year
4th Year
5th Year
6th to 10th Year
$150/square yard
$140/square yard
$130/square yard
$120/square yard
$110/square yard
$100/square yard
C. 
If work has been performed prior to submission of an application for a street cut opening or permit or receipt by the Engineer's office of any bond required by this chapter, the applicant shall pay an administrative fee equal to the amount charged for a permit to cover costs for review and inspection of work already performed, in addition to paying the normal permit fee, resulting in a doubled fee.
Whenever notice is necessary under this chapter, such notice shall be properly served if a copy is mailed to the address provided in the permit application or upon such owner if a copy thereof is delivered to the owner personally; or by leaving a notice at the usual place of abode with someone of suitable age and discretion, who shall be informed of the contents thereof; or at the principal place of business; or by certified or registered mail, addressed to the owner at the last-known address, with return receipt showing it has been delivered. If the return receipt shows that it has not been delivered, then service may be made by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. Such notice shall set forth a reasonable time for such compliance to be accomplished.
The term "emergency" shall mean the repair of a utility which must be made to restore service, to avoid property damage, or to eliminate danger to the public. Notice of an emergency pavement cut shall be given to the office of City Engineer by telephone or e-mail during normal business hours. If after normal business hours, then notification shall be given at the beginning of the next business day. An application will be made for a permit for all emergency work within 72 hours after the work is started. All other provisions of this chapter shall apply to emergency work.
A. 
The Director of Public Works, the City Engineer, the Plumbing Inspector, and the Codes Administrator shall act in the capacity of police officers for the limited purpose of issuing nontraffic summary citations to owner(s) of premises or persons who are found in violation of this chapter. Any person or utility who continues to violate any section of this chapter shall receive no further permits until such time as the City is satisfied that the person or utility shall comply with the terms of this chapter.
B. 
The City Engineer hereby designates the representatives of the City Engineer to issue such citations.
C. 
Violation of any part or the whole of this chapter shall be punishable under the general code penalty, § 1-301.99, and any other law or regulation.
D. 
If the work or any part thereof mentioned in the preceding sections of repairing or backfilling the trenches or excavations or street or sidewalk restoration aforesaid shall be unskillfully or improperly done or not completed by the timeline aforesaid, the City may, in lieu of issuing the aforementioned criminal citations, cause the same to be skillfully and properly done, and shall keep an account of the expense thereof; and in such case such person or utility shall pay the City an amount equal to the whole of said expense incurred by City with an additional amount of 50%, and otherwise lien a related property where the work is the responsibility of private ownership of the related property. Thereafter, upon completion of the work and the determination of the costs thereof, the office of City Engineer shall issue no further or new permits or supplemental permits to the person or utility until the City receives payments of said costs. For purposes of enforcement under this chapter, the term "person" shall include any individual, business entity or utility.