[Ord. 27-1985, eff. 7-17-1985; Am. Ord. 31-1998, eff. 12-31-1998; Am. Ord. 9-2000, eff. 4-19-2000; Ord. No. 2-2018, § 10, eff. 2-15-2018; Ord. No. 37-2019, § 1, eff. 12-16-2019]
(a) 
No person shall open or make any excavation in any street, sidewalk or any public place in the City without first filing a bond and obtaining a permit from the Department of Mobility and Infrastructure.
(b) 
The Director, in consultation with the City Solicitor, shall set the required bond amount dependent on the amount and cost of work to be performed. The permittee must pay any and all applicable fees as outlined in the Department's publicly posted Right-of-Way Fee Schedule.
(c) 
No permit shall be granted unless the applicant has paid to the City any moneys due the City for prior openings made or for any loss, damage or expense in any manner occasioned by or arising from any work under prior permits.
[Ord. 27-1985, eff. 7-17-1985; Ord. 33-1990, eff. 12-18-1990; Am. Ord. 31-1998, eff. 12-31-1998; Ord. 21-2004, § 17, eff. 12-2-2004; Ord. No. 2-2018, § 10, eff. 2-15-2018; Ord. No. 37-2019, § 1, eff. 12-16-2019]
(a) 
Prior to the issuance of any permit, the permittee must pay any and all applicable fees as outlined in the Department's publicly posted Right-of-Way Fee Schedule.
(b) 
For permits with fees tied to dimensions, all measurements shall be rounded up to the nearest whole number, and payment shall be made on this basis.
[Ord. 27-1985, eff. 7-17-1985]
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking or steel plates of adequate size to accommodate vehicular traffic.
[Ord. 27-1985, eff. 7-17-1985]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over such excavation on the line of the sidewalk, which bridge shall be at least three (3) feet wide and securely railed on each side so that foot passengers can pass over safely at all times.
[Ord. 27-1985, eff. 7-17-1985; Ord. No. 3-2017, § 1, eff. 1-23-2017; Ord. No. 37-2019, § 1, eff. 12-16-2019]
(a) 
The permittee shall erect the fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon the place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient warning devices which shall be kept burning throughout the night during the maintenance of the construction. The permittee shall inspect barriers and other protective devices every eighteen (18) hours. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
(b) 
Any sidewalk closure must be accompanied with warning signage at the nearest crosswalk indicating the closure. Failure to maintain appropriate signage shall result in a fine per day as outlined in the Department's publicly posted Right-of-Way Fee Schedule, in addition to any additional penalties found in Section 415.14.
(c) 
If a permit application seeks closure of a sidewalk that will extend beyond thirty (30) days, the permittee shall erect a covered walkway over the sidewalk. If a covered walkway is not feasible, the permit application must be accompanied by an analysis prepared by an engineer licensed by the Commonwealth of Pennsylvania concluding that a covered walkway is not practicable in the circumstances. The Director, or their designee, shall consider this analysis before making a written determination.
(d) 
All covered walkways, as referenced in this section, shall be in compliance with Chapter 33 of the International Building Code, or otherwise meet the definition of a "covered walkway" found within the most recent version of that code.
[Ord. 27-1985, eff. 7-17-1985; Ord. No. 2-2018, § 10, eff. 2-15-2018]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in the manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, the Director of Mobility and Infrastructure shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
[Ord. 27-1985, eff. 7-17-1985; Ord. No. 2-2018, § 10, eff. 2-15-2018]
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee to the satisfaction of the Director of Mobility and Infrastructure. If upon being ordered the permittee fails to furnish the necessary labor and materials for the repairs, the Director shall have the authority to cause necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
[Ord. 27-1985, eff. 7-17-1985; Ord. No. 2-2018, § 10, eff. 2-15-2018]
(a) 
The permittee shall backfill and restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the Director of Mobility and Infrastructure. The permittee may be required to place a temporary surface over openings made in paved traffic lanes.
(b) 
Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications to restore the street to its original and proper condition. Where applicable, the Director may require repaving from seam to seam.
(c) 
Acceptance or approval of any excavation work by the City shall not prevent the City from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within twenty-four (24) months from the completion of the excavation work or the length of any warranty, whichever is longer. The City's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities under this Chapter.
(d) 
If in the judgment of the Director it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under the permit by reason of the looseness of the earth or weather conditions, he or she may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him or her over the cut or excavation to remain until such time as the repair of the original pavement may be properly made.
[Ord. 27-1985, eff. 7-17-1985]
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from the work. All clean-up operations at the location of the excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director.
[Ord. 27-1985, eff. 7-17-1985]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete the work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor.
[Ord. 27-1985, eff. 7-17-1985; Ord. No. 2-2018, § 10, eff. 2-15-2018]
The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Director of Mobility and Infrastructure.
[Ord. 27-1985, eff. 7-17-1985]
The provisions of this Chapter shall not be applicable to any excavation work under the direction of competent City authorities by employees of the City or by any contractor of the City performing work for and in behalf of the City necessitating openings or excavations in the streets.
[Ord. 21-2000, eff. 7-21-2000; Ord. No. 2-2018, § 10, eff. 2-15-2018]
(a) 
Non-Emergency Situations. Except in the case of an emergency, any person who fails to obtain all permits required under this Article before commencing any opening or excavation of a sidewalk is subject to immediate termination of work, and is responsible for the costs of all mitigating and restorative work required by the City. If the Director of the Department of Mobility and Infrastructure determines that allowing the work to proceed is in the best interests of the City, the person performing the opening or excavation must subsequently obtain all required permits, paying triple the normal fees for said permits, pay triple all the other fees required by the Code, deposit with the Department of Mobility and Infrastructure the fees necessary to correct any damage to the rights-of-way and comply with all of the requirements of this Article.
(b) 
Emergency Situations. Any person registered under this Article and owning any facilities permitted under this Article may take whatever actions it deems necessary in order to respond fully to an emergency regarding its facilities. The registrant shall immediately notify the City of any such emergency, and shall obtain all required permits at the earliest opportunity. Emergency permits shall be exempt from paying additional fees as penalties, but are subject to all normal fees. The Director of the Department of Mobility and Infrastructure may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency.
[Ord. 21-2000, eff. 7-21-2000; Ord. No. 3-2017, § 1, eff. 1-23-2017]
(a) 
The City reserves its right, as provided herein, to revoke any permit, without refunding any fees already tendered, in the event a registrant fails to comply with the terms and conditions of any City Code ordinance, rule or regulation, or any condition of the permit.
(b) 
If the City determines that the registrant has failed to comply with a term or condition of any statute, ordinance, article, rule, regulation, or any condition of the permit, the City shall make a written demand upon the registrant to remedy such failure. The demand shall state that continued failure to comply may be cause for revocation of the permit.
(c) 
Within twenty-four (24) hours of receiving notification of failure to comply, the registrant shall provide the City with an accepted plan for correction of such failure. Registrant's failure to so contact the City, or the registrant's failure to submit or implement an acceptable plan shall be cause for immediate revocation of the permit.
(d) 
If a permit is revoked, the registrant shall reimburse the City for the City's reasonable costs, including mitigating and restorative measures and reasonable attorneys' fees incurred in connection with such revocation.
[Ord. 21-2000, eff. 7-21-2000]
(a) 
Any registrant who fails to comply with the conditions of this Article or who has had a permit revoked for cause shall be deemed to be on probation. The probationary period shall be in effect for one (1) year from the date that a person has been notified in writing that they are on probation.
(b) 
Permit fees for a registrant on probation shall be tripled during a probationary period.
(c) 
If, while on probation, a registrant fails to comply with any requirement of a permit granted under this Article, the permit automatically will be revoked, and the person will not be issued further permits for one (1) calendar year, except for emergency repairs.
[Ord. 21-2000, eff. 7-21-2000]
The remedies provided in this Article are not exclusive or in lieu of other rights and remedies that the City may have at law or in equity. The City expressly reserves its rights to seek legal and equitable relief for actual or threatened injury to the rights-of-way.
[Ord. 21-2000, eff. 7-21-2000; Ord. 21-2004, § 17, eff. 12-2-2004; Ord. No. 24-2006, § 1(10), eff. 12-4-2006; Ord. No. 69-2015, § 1, eff. 12-28-2015; Ord. No. 2-2018, § 10, eff. 2-15-2018]
(a) 
Obtaining a permit does not relieve a registrant of its duty to obtain all other necessary authorizations and to pay all fees and/or charges required by other City, county, state, or federal rules, laws or regulations.
(b) 
A registrant shall comply with all requirements of local, state, and federal laws.
(c) 
A registrant shall notify the Director of the Department of Mobility and Infrastructure in writing contemporaneously with the transmittal of any petitions, applications, written communications and reports submitted by such permit holder to the United States Federal Communications Commission, the Pennsylvania Public Utility Commission, or their successor entities, relating to matters affecting both the use of the public rights-of-way being provided in the public rights-of-way. A registrant shall furnish to the Director of the Department of Mobility and Infrastructure copies of such documents, upon request.
(d) 
A registrant shall perform all work in conformance with all applicable codes, established rules and regulations, and industry standards, and is responsible for all construction performed pursuant to its permit, regardless of who performs the construction.
(e) 
Except in the case of an emergency, and with the approval of the City, no construction may be performed during periods of extreme weather or where conditions are otherwise unreasonable for work permitted under this Article.
(f) 
A permit holder shall not interfere with the natural free and clear passage of water through gutters or other waterways.
(g) 
All persons registering under this Article shall belong to the "Pennsylvania One Call" system, also known as "811," pursuant to 73 P.S. § 176 et seq., as amended, or such other line location system recognized by the City.
(h) 
The Director of the Department of Mobility and Infrastructure or his/her designee is hereby authorized to enter into a contract or contracts, and an agreement or agreements, for antenna and telecommunications equipment and services, site management, and providing for the costs thereof. Services shall include but not be limited to the evaluation of antenna space, leasing on rooftops, buildings, and City of Pittsburgh property, rights-of-way, easements or other uses of public property over or under any public streets, bridges, sidewalks or other public ways.