ATTACHMENTS
Attachment 1 - Pavement Restoration
[Ord. 7426, passed 1-13-2000]
The following words, 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) 
CITY — The City of New Castle, Lawrence County, Pennsylvania.
(c) 
ENGINEER — The City Engineer of the City of New Castle, or his authorized deputy, representative or inspector.
(d) 
EMERGENCY — Any unforeseen circumstance which calls for immediate action.
(e) 
PERMITTEE — Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
(f) 
PERSON — Includes any natural person, partnership, firm, association, utility or corporation.
(g) 
DIRECTOR OF PUBLIC WORKS — The Director of Public Works of the City of New Castle, or his authorized deputy, representative or inspector.
(h) 
STREET — The improved portion of the right of way of any public street, public highway, public way, public road or public easement within the City, including that portion of the right of way improved with curbs and sidewalks.
[Ord. 7426, passed 1-13-2000]
No person shall make any tunnel, opening or excavation of any kind in or under the surface of any street, except for the erection of public utility poles, without first securing a permit from the City for each separate undertaking. However, any person maintaining pipes, lines or underground conduits, in or under the surface of any street by virtue of any law, ordinance or franchise, may proceed with an excavation or opening without a permit when emergency circumstances demand the work be done immediately for the preservation of the public health, safety or welfare provided the permit could not reasonably and practically have been obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day on which the office of the City is open for business and the permit shall be retroactive to the date when the work was begun.
[Ord. 7426, passed 1-13-2000]
No person to whom a permit has been granted under the provisions of this article shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that upon the approval by the Director of Public Works and payment of the additional fee, additional work may be done under the provisions of the permit in an amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
The provisions of this section shall not apply whenever excavations of any exploratory nature are made in order to determine the location of underground facilities, provided, that in such instances the permittee, immediately upon completion of the excavation, shall specify on the permit the proper amount or quantity of work and shall post the proper deposit and bond and pay the additional fee.
[Ord. 7426, passed 1-13-2000]
Work for which a permit has been issued pursuant to this article shall commence within 30 days after the issuance of the permit therefore. If not so commenced, the permit shall be automatically terminated and the permit fee, inspection fee and any cash deposit shall be refunded to the permittee, less a $5 charge for administrative expenses. Permits thus terminated may be renewed upon the payment of an additional permit fee in the same amount as the original fee.
[Ord. 7426, passed 1-13-2000]
Permits issued under this article are not transferable from one person to another and the work shall be carried out only at the location specifically designated in the permit.
[Ord. 7426, passed 1-13-2000]
Every permit issued hereunder shall expire at the end of the period of time specified in the permit. If the permittee is unable to complete the work within the specified time, he shall prior to expiration of the permit, present in writing to the Director of Public Works a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Director of Public Works such an extension is necessary, the permittee may be granted additional time for the completion of the work.
[Ord. 7426, passed 1-13-2000]
Every permit issued hereunder shall be granted subject to the right of the City or any other person entitled thereto to use the street for any purpose for which such street may lawfully be used.
[Ord. 7426, passed 1-13-2000]
(a) 
Any permit issued under this article may be revoked by the Director of Public Works after 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 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. 7426, passed 1-13-2000]
It shall be the duty and responsibility of any person applying for a permit to:
(a) 
Make a written application for such permit with the Director of Public Works on such form as he shall prescribe. No work shall commence until the Director of Public Works has approved the application and issued a permit and until the person has paid and furnished all fees, deposits, certificates and bonds required by this article. However, in accordance with Section 901.02, work of an emergency nature may commence before a permit has been issued when the permit cannot be practically obtained beforehand. The application for a permit shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the City and the laws of the Commonwealth in relation thereto.
(b) 
Furnish in duplicate, when required by the Director of Public Works, plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to such excavation and of proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Director of Public Works.
(c) 
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 in the application. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
[Ord. 7426, passed 1-13-2000; Ord. 7537, passed 2-14-2002; Ord. 8308, passed 11-14-2019]
The following are the duties and responsibilities of any person obtaining a permit:
(a) 
Permit issuance fees. Issuance fees are used to defray costs incurred by the City in reviewing and processing the application and plans, including the preliminary review of the site location identified in the application, and issuing and processing the permit.
(1) 
Issuance fee: $150.
(2) 
Supplement fee (each six-month time extension) (each submitted charge): $50.
(b) 
General permit inspection fees. General permit inspection fees are used to defray costs incurred by the City in spot inspections of permitted work or subsequent inspections or both after the permitted work has been completed, to insure compliance with the permit and these regulations:
(1) 
Underground facilities (for example, pipe lines, buried cable with pedestals, conduit, manholes, headwall, inlet and grate). This fee is calculated on the total linear feet of the facility or facilities being permitted within the right of way, regardless of whether the surface is open.
A. 
Physically connected facility or facilities (first 50 feet or fraction thereof) each section: $125.
B. 
Additional physically connected facilities - each 100 feet or fraction thereof: $50.
(2) 
Surface openings of less than 25 square feet (for example, service connections performed independently of underground facility installation, pipe line repairs) each opening: $100.
(3) 
Above ground facilities (for example, poles, guys, and/or anchors if installed independently of poles):
A. 
Up to 10 physically connected above-ground facilities (each continuous group): $50.
B. 
Additional above ground physically connected facilities (each pole with appurtenances): $5.
(c) 
Additional inspection fees. If the City determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more employees to inspect the permitted work on more than a spot inspection basis, the permit shall so indicate and the permittee shall be charged for all salary, overhead and expenses incurred by the City for inspection.
(d) 
Refunds. The City shall refund the general permit inspection fee on unused permits. In order to be eligible to receive such a refund, the permittee shall deliver the request with the permittee's copy of the permit to the Director of Public Works' Office on or before the original permit expiration date.
(1) 
A refund processing fee of $10 shall be deducted from the general permit inspection fees.
(2) 
The permit issuance fee is not refundable on unused permit.
(e) 
Make a deposit as required by Section 901.13.
(f) 
Furnish a certificate of insurance as required by Section 901.14.
(g) 
Provide a faithful performance bond as required by Section 901.15.
(h) 
Submit, when required by the Director of Public Works, a list of owners and tenants of all property abutting the area where the work authorized by the permit is to be performed.
(i) 
Present evidence that all materials, labor and/or equipment which are needed to complete such undertaking as authorized by the permit are available.
(j) 
Keep the original copy of the permit at all times while such work is in progress and show such permit upon demand to any authorized representative of the City.
[Ord. 7426, passed 1-13-2000]
(a) 
No openings or excavations in any street shall extend beyond the center line of the street until the surface of the street is restored to a condition safe and convenient to travel.
(b) 
Unless authorized by the Director of Public Works, no more than 250 feet measured longitudinally shall be opened in any street at any one time until the surface of the street is restored to a condition safe and convenient for travel.
(c) 
The work of excavation shall be so conducted as not to interfere with any utility lines or connections, or other underground facilities, unless permission of the proper authorities in connection with such facilities has been obtained.
(d) 
The permittee shall expose all utility facilities including sewers, storm drains, gas mains, water mains, telephone and electrical conduits and other utility obstructions sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation if necessary.
(e) 
Where a pipe drain, pipe culvert, or other structure or facility is encountered, it shall be replaced, restored, straightened or protected by the permittee.
(f) 
If in the process of his work, the permittee damages any public or private utility property, the utility may make the necessary repairs and file a claim against the permittee with the City for the cost thereof. If the claim is not paid promptly by the permittee, the amount may be withheld by the Director of Public Works from the deposit, or charged against the permittee's performance bond.
(g) 
Any monument of granite, concrete, iron, steel, brass or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Director of Public Works to do so. Permission shall be granted only upon condition that the permittee shall pay all expenses incidental to its proper replacement.
(h) 
If any work performed under the permit interferes with the established drainage system of any street, provisions shall be made by the permittee to provide proper drainage to the satisfaction of the Director of Public Works.
(i) 
When any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any street, so as to create a nuisance or endanger life or property, the person responsible therefor shall cause the same to be removed immediately from the street upon notification to do so by the Director of Public Works. In the event it is not removed within eight hours after notification, the Director of Public Works shall cause such removal and the cost of such removal shall be paid by the permittee or deducted from his deposit.
(j) 
To protect the public, every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Director of Public Works. All safety requirements and precautionary measures prescribed by the Director of Public Works shall be based upon and in conformance with, where applicable, the requirements set forth in Form 408, Pennsylvania Department of Transportation publication (latest edition). Copies of this publication are available in the office of the City for inspection by any permittee. Whenever any person fails to provide or maintain the safety devices required by the Director of Public Works, such device shall be installed and maintained by the City. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit. No unauthorized person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this article.
(k) 
While work is in progress and while workmen are on the site, every permittee shall maintain safe crossing for vehicle traffic at all street intersections, and safe crossings for pedestrians at intervals of not more than 300 feet. Two lanes of traffic shall be held open at all intersections, where possible, by the removal of dirt and the use of covering steel plates. While work is in progress and workmen are not on the site, all excavations, whether at intersections or elsewhere, shall be covered by steel plates. All plates must lie firmly secured, and when necessary and practical, imbedded in bituminous material, so as to withstand the normal flow of traffic on the street. When the size and character of the excavation make it impractical to use steel plates, the permittee shall so advise the Director of Public Works at the time when he applies for his permit and shall not proceed with the work until he obtains the Director of Public Works' consent not to use steel plates.
(l) 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
(m) 
All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. Wherever necessary, in the opinion of the Director of Public Works, in order to expedite the flow of traffic or to abate a dirt or dust nuisance, toe boards or bins will be required to prevent the spreading of dirt into traffic lanes; temporary wooden plant walks shall be installed where the excavated area is muddy and causes inconvenience to pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee or his agent shall keep a passageway at least 1/2 the sidewalk width open along such sidewalk line.
(n) 
In the case of any leak, explosion or other accident in any sub-surface pipe, line or other facility, it shall be lawful for the person owning or responsible for such facility to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such facility, the Director of Public Works after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and charge the same on the basis of cost plus 15% to such person.
(o) 
In granting any permit under this article, the Director of Public Works may attach such other conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:
(1) 
Limitations on the period of the year in which the work may be performed;
(2) 
Restrictions as to the size and type of equipment;
(3) 
Designation of routes upon which material may be transported;
(4) 
The place and manner of disposal of excavated material;
(5) 
Requirements as to the laying of dust, cleaning of streets, the prevention of noises, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof; and
(6) 
Regulations as to the use of streets in the course of the work.
[Ord. 7426, passed 1-13-2000; Ord. 8308, passed 11-14-2019]
(a) 
All pavement cuts, openings and excavations shall be properly made and backfilled according to City specifications.
(b) 
The Director of Public Works must be notified by the permittee, not more than 48 hours nor less than 24 hours prior to the beginning of work, or the date and approximate time at which work will be begun.
(c) 
No work shall be performed by the permittee unless or until the Director of Public Works shall be present or permission has been given by the Director of Public Works to proceed in his absence.
(d) 
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or over in depth, the pavement in the base shall be removed to at least one foot beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a one foot shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
(e) 
No tunneling shall be allowed without the express written approval of the Director of Public Works and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Director of Public Works, and shall be done only in a method approved by him.
(f) 
The work of restoration to be carried out by the permittee including both paving surface and paving base, shall be performed as follows:
(1) 
Every person who opens or excavates any street in the City shall thoroughly and completely refill the opening or excavation; the surface shall be restored to the same condition as it was before the opening and such restoration shall be in accordance with the requirements of the City or specifications in Form 408 of the Department of Transportation of the Commonwealth of Pennsylvania, which specifications are hereby adopted as specifications for the City, for restoration of surfaces of public streets in the City; as restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the street immediately adjoining the opening. If within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective workmanship by the permittee, he shall reimburse the City for the cost of all necessary repairs to the permanent paving plus 15%.
(2) 
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tampers or vibrators, by rolling in layers, or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry. The decision as to whether a trench shall be backfilled by water settling shall be based upon such engineering practices and shall be made by the Director of Public Works. When water is taken from a fire hydrant the permittee shall assign one man to operate the hydrant and shall make certain that such man had been instructed by the New Castle Water Company in the operation of the hydrant. The New Castle Water Company shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the New Castle Water Company.
(3) 
When backfilling is done by water settling, excavated materials above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be thoroughly flooded. During the flooding, the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled and shall be forced down through the loose backfill material. As the bars are withdrawn, the water shall be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. All work shall be done in such manner as to obtain a relative compaction through the entire depth of the backfill of not less than that existing adjacent to the excavation.
(4) 
Backfilling up to the first 18 inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed two inches in thickness. Layers that are power tamped shall not exceed four inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over 24 inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes 24 inches or less in diameter shall be flooded or tamped as specified above to a depth of 18 inches above the tops of the pipe before any additional backfilling is placed thereon.
(5) 
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench and the space under, around and six inches above the pipe shall be backfilled with clean river sand, non-corrosive soil or one-quarter inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill.
(6) 
Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five tons until the surface is unyielding. The surface shall then be graded as required.
(7) 
On improved streets, a temporary paving of suitable material, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving.
(g) 
In the event that any work performed by or for a permittee shall, in the opinion of the Director of Public Works, be unsatisfactory that the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Director of Public Works, the City may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus 15%, to the permittee or his surety.
(h) 
Multiple Road Cuts and Longitudinal Cuts - If more than two cross cuts are made in a road within one block or less than 300 feet, contractor must overlay entire section, curb to curb or full roadway width. If a longitudinal cut is made more than 50 feet in length is made in a road, contractor must overlay entire section, curb to curb or full roadway width. If more than two longitudinal cuts are made in a road within one block or less than 300 feet, contractor must overlay entire section, curb to curb or full roadway width.
(i) 
After such excavation or opening is commenced, the work of making and backfilling the same shall be prosecuted with due diligence and so as not to obstruct the street more than is actually necessary. If the work is not so prosecuted or if the work does not in the judgment of the Director of Public Works comply with the terms of this ordinance, he shall so notify the person named in the permit and shall require such person, within three days after the service of such notice, to proceed with the diligent prosecution of such work, or properly to complete the same, as the case may be. If such notice is not complied with, the City shall do such work as may be necessary to backfill such excavation, and to restore the street or part thereof excavated, to the same condition as before such excavation was made. All expenses incurred by the City shall be recovered from the permittee's deposit or surety, plus 15%. No further permit shall be granted any person unless and until any opening or excavation already made by him has met all requirements of this article. The Director of Public Works shall be the sole judge of proper performance and his opinion shall be final.
(j) 
The Director of Public Works or his authorized agents shall make daily inspections of all work authorized by permits issued pursuant to this article. The Director of Public Works is empowered to employ an inspector if the Director of Public Works is of the opinion that the work to be performed pursuant to a permit authorized by this article is such that an inspector is necessary to insure compliance with the various provisions of this article.
(k) 
Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Director of Public Works in writing, on a form prescribed by him. A certificate of final inspection shall be issued by the Director of Public Works to the permittee no sooner than two years after the permanent restoration of the opening or excavation has been made, provided the work authorized by the permit has been performed according to City specifications. Prior to the issuance of a certificate, the Director of Public Works shall make a final inspection of the restoration to determine whether City specifications have been adhered to.
(l) 
If any settlement in a restored area occurs within a period of two years from date of completion of the permanent restoration, it shall in general be considered as conclusive evidence of defective backfilling. Any expense which may be incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond, plus 15%.
(m) 
Unless part of the work is being performed by the City, no opening or excavation made by a permittee shall be considered in the charge or care of the City, or of any officer or person employed by the City, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening or excavation, except in the exercise of police power, where and when it is necessary to protect life and property.
(n) 
If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Director of Public Works shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permitted 24 hours a day to the end that such excavation work may be completed as soon as possible.
(o) 
A contractor shall follow the appropriate typical section during restoration of the utility cut. Refer to Exhibit "A" Temporary Restoration, Exhibit "B" Rigid Pavement Restoration (Bituminous Overlay or Plain Cement Base Course), Exhibit "C" Rigid Pavement Restoration, and Exhibit "D" Flexible Pavement Restoration. Other pavement types will be addressed individually.
[Ord. 7426, passed 1-13-2000]
(a) 
Computation of deposit. The Director of Public Works, upon receipt of the properly completed application, shall determine the amount of the deposit to be made by the permittee, provided, however, that it shall never be less than $20. Such deposits shall be submitted to the City at the time the permit is granted. The purpose of the deposit is to reimburse the City for the cost of any work and materials furnished by it in connection with the work authorized by the permit and to cover all necessary inspections of such work.
(b) 
Form of deposit. The deposit may be in the form of cash, certified, treasurer's or cashier's check or surety bond made payable to the City and meeting the approval of the Director of Public Works. The surety bond must be written by a reputable surety company licensed to do business in the Commonwealth, and the bond shall be conditioned upon the payment of all charges required by this article. Such bond must be approved by the City Solicitor as to form. The Director of Public Works shall have the right to require the submission of the deposit in any of the above specified forms.
(c) 
Insufficient deposit. If the deposit made is less than sufficient to pay all fees and costs, the permittee, shall, upon demand, pay to the City an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, additional permits shall not be issued to such permittee.
(d) 
Yearly deposit. Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation per calendar year, it may post a surety bond for the calendar year or part thereof to cover the estimated fees and cost of any and all work. Such bond must be written by a reputable surety company licensed to do business in the Commonwealth, and the bond shall be conditioned upon the payment of all charges estimated to be required by this article during the term of the bond. Such bond must be approved by the City Solicitor as to form.
(e) 
Deposit schedules. The Director of Public Works is authorized to establish a schedule of charges for inspections, labor, materials and such other expenses as may be incurred by the City in meeting the objectives and requirements of this article. The schedule shall be open to public inspection in the office of the Director of Public Works upon demand.
(f) 
Decision on costs. The decision of the Director of Public Works as to the cost of any work done or repairs made by him or under this direction, pursuant to the provisions of this article shall be final and conclusive.
(g) 
Refund of deposit. Upon certification by the permittee that all work authorized by the permit has been completed and after inspection by the Director of Public Works, the Director of Public Works shall refund to the permittee his deposit less all costs incurred by the City in connection with the permit. However, in no event is the permit fee or inspection fee to be refunded.
[Ord. 8308, passed 11-14-2019]
The certificate of insurance required of the applicant under Section 901.10 shall indicate that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. Such insurance shall provide complete third party coverage for the City. The amount of such insurance shall be prescribed by the Director of Public Works in accordance with the nature of the risks involved, provided, however, that the liability insurance for bodily injury in effect shall be in an amount not less than $500,000 for each person and $1,000,000 for each accident and for property damages an amount not less than $100,000. Failure of applicant to file such certificate shall be grounds for denying a permit. However, City departments, franchised public utilities and other governmental agencies may be relieved of the obligation of submitting such a certificate if they do the work contemplated under the permit with their own personnel or with a contractor insured as required; however, such waiver shall not release any such organization from any and all liability under any of the obligations provided herein.
[Ord. 7426, passed 1-13-2000]
(a) 
Requirements. Each applicant, upon the receipt of a permit, shall provide the City with a surety bond to guarantee the faithful performance of work authorized by a permit granted pursuant to this article. The amount of the bond shall be 100% of the estimated cost of restoring the opening. However, in no event shall the bond furnished be in an amount less than $1,000. If the permittee contemplates requesting more than one permit per year as required by this article, the Director of Public Works may require the permittee to furnish one bond as above in such amount as the Director of Public Works deems necessary. Such bond must be written by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania, and must be approved by the City Solicitor as to form.
(b) 
Default in performance. Whenever the Director of Public Works finds that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Director of Public Works to be reasonably necessary for the completion of such work.
(c) 
Completion of work. After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the Director of Public Works the estimated cost of doing the work as set forth in the notice. Upon the receipt of such moneys, the Director of Public Works shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of such sum in hand therefor.
In the event of any default in the performance of any term or condition of the permit for the work, the surety, or any person employed or engaged in his behalf, shall have the right to go upon the premises to complete the required work or make it safe.
No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
(d) 
Terms of bond. The terms of each bond posted shall begin upon the date of the posting thereof and shall end upon the receipt by the permittee of a certificate of final inspection from the Director of Public Works.
[Ord. 7426, passed 1-13-2000]
(a) 
Every person owning, using, controlling or having an interest in pipes, conduits, ducts, tunnels or other structures under the surface of any street, used for the purpose of supplying or conveying gas, electricity, communication impulses, water, sewage, steam, oil or any other material to or from the City, or to or from its inhabitants, or for any other purposes, shall file with the Engineer within one year after the adoption of this article, a map or set of maps showing the location, size and description of all such installations. In the event the exact locations of such installations are unknown, maps showing their approximate location shall be submitted. All installations subsequent to the passage of this article, shall be drawn to a scale of not less than one inch to 200 feet. Map size shall be in some multiple of 8 1/2 inches by 11 inches but in no case shall be larger than 34 inches by 44 inches.
(b) 
Within 30 days after January 1 of each and every year, such person shall file with the Engineer a corrected map or set of maps, each drawn to scale as above, showing such installations, including all those made during the previous year, to and including the last day of such year. However, a person may at his own option elect to provide corrected atlas sheets throughout the year as they are available rather than proceed as above noted.
(c) 
Each map herein required shall be accompanied by an affidavit endorsed thereon, to the effect that the same correctly exhibits the details required to be shown by this section.
(d) 
Maps and plans submitted in accordance herewith, shall be open to the inspection of all persons requesting to see same.
[Ord. 7426, passed 1-13-2000]
(a) 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment file with the Engineer a statement in writing, giving in detail the location of the structure so abandoned.
(b) 
Each map, or set of maps, filed pursuant to the provisions of this article, shall show in detail the location of all such structures abandoned subsequent to the filing of the last preceding map or set of maps.
(c) 
When the City plans to pave or improve such streets with abandoned facilities, the owner of such facilities shall be notified to remove them. If the owner shall refuse to remove such facilities, the City shall remove the abandoned facilities at the owner's expense. When the owner removes such facilities, the only fee charged by the City shall be for the cost of inspection, plus 15%, as provided by Section 901.10(b).
[Ord. 7426, passed 1-13-2000]
If, in the opinion of the Director of Public Works, the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, he shall require the permittee to submit a list of the names and addresses of the owners and/or tenants of such properties. Upon receipt of such list, the City shall notify the affected property owners or tenants of the proposed work to be done.
[Ord. 7426, passed 1-13-2000]
The Director of Public Works shall notify in writing the City Police and Fire Departments of any street opening or excavation permit he grants which affects the flow of traffic in streets and alleys within the City. Such notification shall state the nature of the work to be done and the location of such project. He shall also notify the Police and Fire Departments when any openings or excavations have been closed, permitting traffic to flow thereon.
[Ord. 7426, passed 1-13-2000]
When the City shall improve or pave any street, the Director of Public Works shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utility companies operating in the City, and all such persons and utility companies shall do all work which would necessitate excavation of the street, within 30 days from the giving of such notice. The time may be extended if permission has been requested in writing and has been approved by the Director of Public Works.
[Ord. 7426, passed 1-13-2000]
This article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
[Ord. 7426, passed 1-13-2000]
Any person believing himself to be aggrieved by a decision of the Director of Public Works, or his refusal to grant a permit, shall have the right to appeal to Council within 30 days from the Director of Public Works' decision or refusal to grant a permit, and Council's decision shall be final.
[Ord. 7426, passed 1-13-2000]
If any person violates any provision of this article, any permit issued by the City to such person under this article shall be revoked, and such person shall be punished as provided in Section 101.99 of the Administrative Code.