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.
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.
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.
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 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.
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.