[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:
(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.
(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.
(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.
(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.
(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]
The Director of Public Works shall be responsible for enforcing
all provisions of this article.
[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.
