CROSS REFERENCES
Street opening and maintenance — See 3rd Class
§ 2901 et seq. (53 P.S. 37901 et seq.).
Grading and paving — See 3rd Class § 2930
et seq. (53 P.S. § 37930 et seq.).
Closed streets to have detours — See 3rd Class
§ 2978 (53 P.S. § 37978).
Collections of costs of improvements — See 3rd
Class § 3301 et seq. (53 P.S. § 38301 et seq.).
Protection of trees during excavations — See
S.U. & P.S. 913.08.
[Ord. 93-1994 § 1, passed 12-28-1994]
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:
(a)
APPLICANT — Any person who makes application for a permit.
(b)
CALENDAR YEAR — January 1 through December 31, inclusive.
(c)
CITY — The City of Erie, Pennsylvania.
(d)
CITY ENGINEER — The City Engineer or his designee(s).
(e)
COST — Actual expenditures incurred by the City for labor,
equipment and materials, which include all fringe benefits and overhead.
(f)
DEGRADATION FEE — A fee paid by the permittee to the City to
defray a percentage of the costs for resurfacing and reconstruction
of City streets resulting from the depreciation of streets associated
with street openings.
(g)
EMERGENCY — Any condition constituting a clear and present
danger to life or property by reason of escaping gas, exposed wires
or other breaks or defects in the user's line.
(h)
INSPECTION FEE — A fee paid by the permittee to the City to
defray street opening inspection costs.
(i)
PennDOT — The Commonwealth of Pennsylvania Department of Transportation.
(j)
PennDOT HIGHWAY — Any Pennsylvania State road located within
the municipal boundaries of the City of Erie, Pennsylvania.
(k)
PERMIT FEE — A fee paid by the permittee to the City to cover
the cost of issuing, processing and filing the street excavation permit.
(l)
PERMITTEE — Any person who has been issued a permit and has
agreed to fulfill all provisions of this article.
(m)
PERSON — Any natural person, partnership, firm, association,
utility or corporation.
(n)
PUBLIC UTILITY — Any utility company franchised by the Public
Utility Commission of the Commonwealth of Pennsylvania or any corporate
authorities of the City.
(o)
RESURFACE — A process which provides a new wearing surface
in a certain paved street area between curbs with the same material
that was existing prior to excavation.
(p)
SIDEWALK AREA — That portion of the street right-of-way reserved
for sidewalks.
(q)
STREET — The entire right-of-way of a public street, public
highway, public alley, public avenue, public road or public easement
within the City limits.
(r)
USER — The public utility, municipal corporation, municipal
authority, or other person who or which, uses a line to provide service
to one or more consumers.
(s)
WORK DAY — Normal business day for the City government including
Monday through Friday, except designated holidays.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
No person, firm or corporation shall enter upon or occupy any public
right-of-way within the City for the purpose of making an excavation
or opening in or under any public right-of-way without first having
obtained a permit from the City to do so. The permit shall be granted
by the City Engineer and shall be conditioned upon the permittee agreeing
to faithfully comply with each and every provision of the rules and
regulations governing this type of work. A City department or bureau
making or causing an excavation or opening to be made in any public
right-of-way will be required to obtain a feeless permit prior to
such work. All applicable provisions of the rules and regulations
governing this type of work shall apply.
(b)
Any person working in the vicinity of a City street who in any manner
disturbs 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 City Engineer. Street opening permits are
not required from persons excavating adjacent to the curb for the
purpose of installing or replacing sidewalks and/or curbs provided
a curb and sidewalk permit has been obtained prior to such work.
(c)
All contractors performing work under contract for the City or City
corporate authorities shall obtain the street excavation permit for
street opening work.
(d)
If 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. Emergency work
shall not serve to relieve anyone from compliance with the rules and
regulations governing this type of work.
(e)
A person performing street openings for an emergency shall verify
the emergency nature of the circumstance in writing to the City Engineer
within five days after such emergency on the street cut opening application.
(f)
For work on PennDOT highways within the City limits, no City street
excavation permit is required, but a PennDOT permit is required. PennDOT
permits shall be obtained through the City Engineer. All other fees
except degradation fees shall apply.
[Ord. 93-1994 § 1, passed 12-28-1994]
It shall be the duty and responsibility of the City Engineer
to prepare and administer the rules and regulations governing the
making of openings in any right-of-way within the City. These rules
and regulations shall contain all necessary provisions to provide
for the safety of the public during execution of the work and for
the expeditious and permanent restoration of all disturbed pavement,
curb, sidewalk, driveway and lawn areas within the public right-of-way.
The rules and regulations are incorporated herein by reference so
as to become part of this article.
[Ord. 93-1994 § 1, passed 12-28-1994]
Street opening permits shall only be granted upon compliance
with the following express provisions:
(a)
A written application shall be filed with the City Engineer for making
all street openings or excavations and 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 backfilled 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 City Engineer. Items required on the drawing shall be specified
at the time of request.
(b)
Where the street opening permit is required for sanitary or storm
sewer service purposes, the application shall be countersigned by
the City Plumbing Inspector or someone authorized by him before the
permit will be granted.
(c)
No permit shall be granted to any applicant unless the applicant
has paid to the City any and all money, then due to the City, for
prior excavations made or for any loss, damage or expense in any manner
occasioned by or arising from the work done by the applicant under
the provisions of this article.
(d)
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 by the applicant under
the provisions of this article. The acceptance of any permit under
this article shall constitute such an agreement by the applicant whether
the same is expressed or not.
(e)
Properly executed certificates of insurance shall be filed with the
City Engineer 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 anyone directly or
indirectly 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 and property damage shall be an amount not less than $1,000,000
for each accident and $2,000,000 in the aggregate. Failure of an applicant
to file a certificate of insurance shall be a 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 from work done by the applicant under the
provisions of this article. Liability insurance requirements for blasting
may be obtained and blasting permits shall be obtained from the City
Building Inspector.
[Amended by Ord. 8-2019, passed 2-6-2019]
[Ord. 19-1995 § 1, passed 3-8-1995; Ord. 1-1996 § 1, passed 1-3-1996; Ord. 71-1997 § 1, passed 11-19-1997]
(a)
All persons other than public utility companies, 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 obtained by
contractors performing work under contract with City corporate authorities
shall be countersigned by the director or chairman of the authority.
(b)
The bond shall cover street opening work performed during one calendar year. The bond shall be in effect for a twelve-month period but the work shall be guaranteed for a thirty-six-month period in accordance with Section 901.16. The amount of the surety bond shall be $5,000 per each additional cut 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 $25 per square yard of actual size of excavation. The aggregate amount of individual bonds in a given year is not required to exceed $25,000.
[Ord. 93-1994 § 1, passed 12-28-1994; Ord. 77-2005, passed 12-28-2005; Ord. 9-2019, passed 2-6-2019; Ord. 6-2020, passed 2-19-2020; Ord.
60-2021, passed 12-1-2021; Ord. 64-2021, passed 12-15-2021]
(a)
A permit and inspection fee shall be paid to the City prior to permit
issuing; the remaining degradation fee shall be paid when the work
is completed, inspected and measured by the City Engineer. The City
shall have the right to waive fees for contractors performing work
under contract with the City.
(b)
The permit and inspection fee shall be in the amount of $175. In
the case of work having been completed or substantially commenced
without a permit having been obtained the fee shall be doubled to
$350, which, at the City's option, may substitute for a summary
offense citation or be in addition to citation. The PennDOT occupation
permit application fee shall be $150.
(c)
The degradation fee shall be calculated by actual measurement after
the work is completed, which fee is shown in Table 1 of this article.
|
Table 1
Degradation Fee
| |
|---|---|
|
Location
|
Degradation Fee
(dollars per square yard)
|
|
Within cartway
|
$50
|
|
Outside cartway
|
$28
|
|
Notes:
| |
|
1.
|
The degradation fee shall be waived for opening on streets maintained
by the Pennsylvania Department of Transportation.
|
|
2.
|
The number of square yards used in the computation of fees shall
be based on the nearest whole square yard figure. Minimum fee shall
be equal to the rate for one square yard.
|
(d)
Public utilities, subject to regulation by the PUC, shall be exempt
from paying degradation fees only when the public utility has entered
into a written guarantee for restoration and replacement work with
the City of Erie. The written guarantee must be approved by the City.
[Ord. 93-1994 § 1, passed 12-28-1994]
In all cases where a permit has been issued and the work set
forth in such permit has not been completed within a period of 12
months, the permit becomes void, and the permit fee shall not be refunded.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
All street opening permits are subject to revocation at any time
by the City Engineer after written notice for:
(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 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.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
A permit shall remain in effect for a period of 12 months. If the
work is not completed in this time period, a new permit shall be obtained,
and an additional permit fee shall be required.
(b)
No time extension shall be granted for a permit in which work has
not started within this twelve-month period. A new permit shall be
obtained if the same project location work is rescheduled.
(c)
Reasonable time extensions, but not longer than three months, for
permitted work shall be granted when requested in writing and shall
only be honored for those types of projects that commenced during
the required twelve-month permit period and are of a size and scope
that support an extension of time to complete.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
The permittee shall be responsible for backfilling and paving the
opening and restoring the street surface to its original condition
prior to the street cut.
(b)
It shall be the duty of the permittee to restore any area excavated
to its original condition. This shall include, but not be limited
to, the replacement of pavement, curb, sidewalks, driveways and landscaped
areas.
(c)
The City Engineer shall have the full authority to establish and
update standards for paving the backfilled materials and associated
procedures. Details specifying paving and backfill procedures and
materials shall be obtained from the City Engineer prior to any street
opening work.
[Ord. 93-1994 § 1, passed 12-28-1994]
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 City Engineer may take steps
to backfill the trench and replace the street surface over the opening
for which the permit has been issued upon proper notification from
the City Engineer to the applicant. 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.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
The permittee shall assume all responsibility for the excavation
made by such party for backfilling and restoring the same and for
all damages caused by the action of the permittee that may arise by
reason of the excavating or such trenches or excavations. Whenever
it is determined by the City Engineer, 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 City Engineer.
(b)
The City Engineer is authorized to make such other rules and regulations
for the excavation of streets which he 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 City Engineer in writing from time to time.
(c)
The permittee shall be required to return the "Notice of Completion
of Street Excavation Permit" when work is completed. This form is
to be returned to the City Engineer.
[Ord. 93-1994 § 1, passed 12-28-1994]
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 street 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 shall be backfilled in accordance with the provisions set by
the City Engineer.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
All gutters shall be left open so as not to obstruct the free passage
of water and all sidewalks and foot ways shall be kept in a safe and
passable condition. All excavations or material from them shall have
placed upon them sufficient lights, barricades, and fencing to secure
them from all directions during both the day and night.
(b)
If, for safety purposes, the City Engineer deems it necessary to
install additional warning devices such as lights, barricades, signs,
or fencing, 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 City Engineer. The City shall invoice the permittee for rental
and installation costs incurred from 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 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.
(d)
In all cases, all lights, barricades, signs, fencing, traffic control,
etc. shall conform to PennDOT Publication 203, latest revision.
[Ord. 93-1994 § 1, passed 12-28-1994]
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 City Engineer 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 applications.
[Ord. 93-1994 § 1, passed 12-28-1994]
The permittee shall guarantee and maintain his work for 36 months
from the completion of the restoration and replacement work. Within
this thirty-six-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 working days
of receipt of the notification. The City Engineer 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 City Engineer. 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 fees and costs
involved in the collection of this payment.
[Ord. 93-1994 § 1, passed 12-28-1994]
(a)
Any person violating any provision of this article shall, upon conviction
thereof, be fined not less than $300 nor more than $1,000 for each
and every offense, together with costs, and in default of payment
thereof, shall be imprisoned not more than 30 days. Each failure to
obtain a permit or to comply with any of the requirements of this
article, and each and every day during which such violation continues
shall constitute a separate offense.
(b)
The City Engineer reserves the right to deny the issuance of future
street opening permits to any person who violates the provisions of
this article. This provision in no way shall prohibit or limit the
right of the City to bring legal action against the permittee.
