[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.
(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.
