A. 
All street excavations shall require a permit prior to commencing any work, except for emergencies as set forth herein.
B. 
No excavation may be performed without compliance with the Pennsylvania One Call System Rules, Regulations and Procedures for underground utility protection and stormwater best management practices (BMPs).
C. 
Except in emergency situations, excavation of streets that had been constructed, reconstructed or resurfaced for less than three years shall be prohibited.
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 Department of Public Works of the City when the applicant files an application with the Department in compliance with the provisions of this article and pays the amounts set forth in the Department of Public Works Right-of-Way Fee Schedule approved by resolution of the Council of the City of Lancaster.
(1) 
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.
(2) 
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 that a curb and sidewalk permit has been obtained prior to such work.
(3) 
The obtaining of street opening permits by City departments and municipal authorities shall be waived when work to be performed is completed by their own personnel.
(4) 
All contractors performing work under contract for the City or City corporate authorities shall obtain the street opening permit for street opening work.
(5) 
Public utilities shall obtain the street opening permit for street excavations performed by their own forces or by contractors.
B. 
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 office of the City is open for business and such permit shall be retroactive to the date when the work was begun. A person performing street openings for an emergency must verify the emergency nature of the circumstance in writing to the Director within five days after such emergency.
When the City or the Pennsylvania Department of Transportation proposes to reconstruct or resurface any street, the Department 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.
A. 
Within 90 calendar days from receipt of such notice, all notified persons shall complete or cause to be completed all necessary repairs and replacements of utility mains, service connections and/or laterals existing, and stormwater BMPs under the street and designated curb and sidewalk areas.
B. 
Notified persons shall also complete or cause to be completed any new installations under the street and designated curb and sidewalk areas required for use within a five-year period thereafter.
C. 
All repairs, replacements and new installations of underground utilities and stormwater BMPs 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.
D. 
Upon failure of any of the notified person or persons to comply with the notice from the Department of Public Works to place the same in first class condition as herein provided, the Department of Public Works shall cause existing utility mains, service connections and/or laterals, and stormwater BMPs to be placed in first class condition 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, caulking, removal or other work from the responsible person or persons.
E. 
Any bill for such work undertaken pursuant to this chapter shall be paid by the owner in accordance with Chapter 36, Municipal Claims. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
F. 
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, by tunneling beneath paving in accordance with the ordinances of the City and the directions of the Department of Public Works or the Pennsylvania Department of Transportation, upon obtaining a permit from the Department of Public Works, 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.
A. 
When more than 25% of a street surface has been excavated, the contractor shall mill and overlay the entire work zone, regardless of age of street surface. The work zone area shall be measured per block or street segment in accordance with the City of Lancaster Pavement Management Plan, or as determined by the Bureau of Engineering.
B. 
The Bureau may require mill and overlay all or part of the work zone when surface disturbance is less than 25%.
C. 
All mill and overlay work shall be done in accordance with the applicable City of Lancaster specifications.
Street opening or excavation permits shall only be granted upon compliance with the following express provisions:
A. 
A written application shall be filed with the Department 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; and the date such excavation is to be refilled and resurfaced in the manner hereinafter provided; and shall provide that the applicant will 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, all fees in the amounts set forth in the Department of Public Works Right-of-Way Fee Schedule approved by resolution of the Council of the City of Lancaster shall be paid in full.
C. 
Where the street opening permit is required for water supply or sewer purposes, the application shall be countersigned by the Superintendent of the Water Bureau or the City Plumbing Inspector, as applicable 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 by the applicant 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 her/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 at least two workdays 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 or when, in the judgment of the Director, working conditions are unreasonable for such work.
H. 
The application shall contain an agreement to hold the City, its officers, employees and agents harmless 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.
(1) 
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.
(2) 
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 is by the applicant or anyone directly employed by him. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property.
(3) 
Liability insurance shall be in the amounts set forth in the Fee Schedule.
(4) 
Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
(5) 
Liability insurance requirements for blasting may be obtained from the City Fire Bureau. Blasting permits shall be obtained from the Bureau of Fire.
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.
B. 
Such bond shall be in the amount set forth in the Department of Public Works Right-of-Way Fee Schedule approved by resolution of the Council of the City of Lancaster 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 Council.
C. 
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 § 262-53.
D. 
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.
E. 
All bonds secured by contractors performing work under contract with City municipal authorities must be countersigned by the director or chairman of the authority. 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 § 262-53. The amount of the surety bond shall be as set forth in the Fee Schedule.
A. 
A permit fee, inspection fee and degradation fee, for City permits, shall be paid prior to permit issuing. The City shall have the right to waive fees for contractors performing work under contract with the City.
B. 
The permit fee shall include minimum inspections as provided in the Fee Schedule. Separate fees will be charged for additional inspections and time extensions.
C. 
The degradation fee and inspection fee to accompany the application, as herein provided, are shown on the Department of Public Works Right-of-Way Fee Schedule, available from the Bureau of Engineering. Degradation fees shall be placed into the City Highway Fund. Notes in accordance with degradation and inspection fees are as follows:
(1) 
The degradation fee shall be waived for openings made on streets maintained by the Pennsylvania Department of Transportation.
(2) 
The number of square yards computed for the degradation fee and inspection fee will be based on the age of the street and the actual size of excavation disregarding any pavement that must be removed to enable an overlap of the surface course on the existing base course.
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 canceled 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.
A. 
All street opening permits are subject to revocation or suspension at any time by the Department 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.
(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/her agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for 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. Upon revocation of the permit, the degradation and inspection fees will be refunded to the permittee for that portion of the project not completed.
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 Department 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 $1 shall accompany the application. This fee shall defray the costs of processing and filing the application.
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface to its original condition. The Department 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.
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 Department 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 will be chargeable against the posted bond, including all fees and costs involved in the collection of this payment.
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 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.
A street opening permit shall be obtained for 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, 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 Department of Public Works.
A. 
All gutters must be left open so as not to obstruct the free passage of water, and the sidewalks and footways must 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. In accordance with the Pedestrian Safety section in the Curb and Sidewalk Construction Specifications.
(1) 
If for safety purposes the Department of Public Works deems it necessary to install additional warning devices, i.e., lights, barricades or signs, the permittee shall be notified of the decision and shall receive instructions on the installation.
(2) 
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 will be chargeable against the posted bond, including all fees and costs involved in the collection of this payment.
(3) 
In case of emergencies the City may install all additional warning devices deemed necessary by the Department. The City shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs warning devices.
B. 
All openings shall have a sign at least 12 inches by 18 inches clearly displayed with the contractor's name and phone number.
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 Department 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 workday. Fee amounts specified in this article shall be followed for any subsequent fees associated with supplementary applications.
The permittee shall guarantee and maintain all 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 Department 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 will be chargeable against the posted bond, including all fees and costs involved in the collection of this payment.