[Adopted 9-9-2010 by Ord. No. 1838]
As used in this article, the following terms shall have the
meanings indicated:
The City of Washington, a public body corporate and politic.
Any street with a traffic volume of 2,500 to 10,000 vehicles
per day, including Jefferson Avenue, Maiden Street, Beau Street, Chestnut
Street, _____________.
Blend of aggregate and asphalt binder meeting the specifications
set forth in the City of Washington Standard Specifications, "Asphalt
Concrete," and the PennDot specifications, "Asphalt Concrete."
See the definition of "slurry seal."
The City of Washington, an agency of the Commonwealth of
Pennsylvania and a Third Class City pursuant to the Pennsylvania Third
Class City Code.
Constructing or placing temporary or permanent structures,
improvements, facilities or materials in, on, over or under any public
right-of-way or using any right-of-way so as to prevent, obstruct
or interfere with the normal use of that way, including but not limited
to the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guardrail,
wall, pipe, conduit, cable, wire, communication service equipment,
or other facility or structure on, over or under a public right-of-way;
Planting any tree, shrub, grass or other growing thing within
the public right-of-way;
Placing or leaving on the public right-of-way any rubbish, brush,
earth or material;
Constructing, placing or maintaining on, over, under or within
a public right-of-way any pathway, sidewalk, driveway or other surfacing;
any culvert or other surface drainage or subsurface drainage facility;
or any pipe, conduit, wire, communication service equipment or facility
or cable; or
Constructing, placing, planting or maintaining any structure,
embankment, excavation, tree, or other object adjacent to the public
right-of-way which causes or may cause an encroachment.
The City Engineer, his or her designee.
Any trench cuts within the street right-of-way to access
or install a utility line or any related facility in excess of four
square feet or four feet long, whichever is smaller. All such excavations
shall require an encroachment permit.
The applicant/permittee to which an encroachment permit is
issued for the purposes of excavation.
Any fiber-optic, coaxial or copper cable; communication service
equipment; telephone, telecommunications, electric or other wire,
line or equipment; utility structure; oil, gas or other pipeline;
duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box;
surface location marker; pole; subsurface tiebacks; soil nails; stairs;
access ramps; subsurface foundations; landscape features, including
curbs around planter areas; planter boxes; clocks; bus shelters; phone
booths; bike racks; fencing; retaining walls; benches; stockpiles;
building materials; and other appurtenances or tangible things located
in, upon, above, beneath or across any public right-of-way.
Any street with a traffic volume of more than 15,000 vehicles
per day, including __________.
Any defects greater than the deficiency tolerances specified
in the City of Washington Standard Plans and Details; the PennDot
Specifications and Details; or individual contract plans and specifications.
See the definition of "slurry seal."
See the definition of "slurry seal."
Any person, contractor, utility or special district that
has been issued a permit pursuant to this chapter, including any lawful
successor, transferee or assignee of the original permittee. All obligations,
responsibilities, and other requirements of the permittee shall be
binding on successors in interest of the original permittee.
Any natural person, firm, joint venture, joint-stock company,
partnership, association, club, company, corporation, business trust,
organization or the manager, lessee, agent, servant, officer or employee
of any of them, or any other entity which is recognized by law as
the subject of rights or duties, not including the City of Washington,
the Washington Community Redevelopment Agency, or the City's
or Agency's officers, employees, or agents.
Streets that have been reconstructed or resurfaced within
the past three to five years.
The area in, upon, above, beneath or across any land or interest
which by deed, conveyance, agreement, easement, dedication, usage
or process of law is reserved for or dedicated to the use of the general
public for travel, and includes any public street, road, highway,
freeway, bridge, lane, court, alley, boulevard, sidewalk, median,
parkway or emergency vehicle easement.
The full width of the surfaced or travel portion, including
shoulders, of any road, street, path, lane or alley dedicated to,
reserved for, or used by or for the general public when those roads,
streets, paths, lanes and alleys have been accepted as and declared
to be part of the City system of public streets, except highways forming
a part of the state highway system.
A mixture of polymer-modified asphalt emulsion, mineral aggregate,
mineral filler, water and other additives, properly proportioned,
mixed and spread in accordance with the City of Washington Standard
Plans and Details and the Caltrans Standard Specifications; usually
less than 1/2 inch in thickness.
Any agency of the state for the local performance of governmental
or proprietary functions within limited boundaries, and includes a
county service area, a maintenance district or area, an improvement
district or improvement zone, or any other zone or area within which
a property tax or assessment will be levied to pay for a service or
improvement benefitting that area.
One or more courses of asphalt construction on an existing
pavement; usually greater than 1/2 inch in thickness; generally includes
an asphalt-leveling course to correct the contour of the old pavement.
Any physical alteration or improvement, including but not
limited to a building, post, cabinet, fence, vault, sign, pole, guardrail,
wall, facility, pedestrian walking path, sidewalk, driveway, track,
surfacing, culvert, drainage facility, pipe, embankment or excavation.
Any person or entity providing electricity, gas, telephone,
telecommunications, water, or other services to customers and which,
pursuant to state law or local franchise, is entitled to install its
facilities in the public right-of-way.
The defects in the surface of a roadway that is in direct
contact with traffic and that resists the resulting abrading, crushing
or other disintegrating action.
A.
Newly constructed or resurfaced streets shall be termed "prohibition
streets" within this section. Permission to excavate in prohibition
streets will not be granted for five years after the completion of
street overlays. An overlay consists of a at least a one-half-inch-thick
layer of asphalt. For those streets with chip seal, slurry seal coating,
or micro paving with less than 1/2 inch of new pavement, the prohibition
period shall be for three years. Utilities shall plan well enough
in advance to determine alternate methods of making necessary repairs
to avoid excavating in newly resurfaced streets. Exceptions to the
above policy are as follows:
(1)
Emergencies that endanger life or property;
(2)
Interruption of essential utility service;
(3)
Work that is mandated by City, state or federal law;
(4)
Service for buildings where no other reasonable means of providing
service exists; and
(5)
Situations in which no alternative course of action exists, as determined
by the Engineer in writing, setting forth the facts giving rise to
the conclusion that no alternative exists.
B.
To excavate in a prohibition street, a waiver must be obtained.
(1)
To request a waiver, the applicant must submit a written request
to the Engineer. The request must include:
(a)
The location of the excavation.
(b)
Description of the work to be performed.
(c)
The reason(s) the work was not performed before the street was
paved.
(d)
The reason(s) the work cannot be deferred until after the prohibition
period.
(e)
The reason(s) the work cannot be performed at another location.
(f)
The reason(s) it is justified to excavate the prohibition street.
(2)
Any excavation in prohibition streets will be repaired with full-lane-width paving on the street as follows (refer also to § 310-80, Paving):
(a)
Overlaid or reconstructed streets. All lanes that are affected shall be ground down two inches and repaved with two inches of asphalt concrete, or all lanes that are affected shall be resurfaced per § 310-80, Paving.
(b)
Slurry-sealed, chip-sealed, or micro-surfaced streets. All lanes that are affected shall be resurfaced per § 310-80, Paving.
(c)
A minimum of one foot on either side of the trench shall be
resurfaced if the excavation is a lateral cut. For longitudinal trenches,
the entire length plus one foot on either end shall be resurfaced.
(d)
Exception. Full-lane-width restoration shall not be required
if either of the following conditions apply:
[1]
The work is not considered an excavation as defined herein.
[2]
The work is being performed on behalf of a low-income household
in order to bring an owner-occupied single-family residence into compliance
with sanitary sewer regulations at any time other than as part of
the sale of the residence. "Low income" is defined as 80% of area
median family income. The purpose of this exception is to prevent
hardship to property owners of limited means, and it shall be interpreted
and applied solely to achieve that purpose.
[3]
Before issuing a permit for work in a prohibition street, the
Engineer will verify that the applicant has analyzed all feasible
alternatives to make the necessary repairs using a trenchless method
in prohibition streets to avoid excavating a newly resurfaced street
whenever possible.
A.
Any and all construction work within the public right-of-way shall
require an encroachment permit. Anyone doing excavation work within
the City of Washington public right-of-way shall obtain a street cut
permit for the purpose of excavation in addition to any other required
permits. The contractor performing the work shall apply for the permit.
B.
The permit application may be obtained from the City of Washington
Engineering Services Department.
C.
Prior to applying for a street cut permit, the excavator must register
with the City of Washington. The contractor performing the work shall
apply for the permit. The following must be provided to register for
an excavation permit:
(1)
A cash deposit equal to $500 or 25% of the value of the work (whichever
is greater) as a warranty bond. Companies working under a franchise
agreement that includes a bond are not required to post the cash deposit
unless/until they have been issued a notice or citation for a violation
of the City of Washington standards or permit requirements.
(2)
A current City of Washington business license.
(3)
Current evidence of insurance.
(4)
Twenty-four-hour phone number for emergencies.
(5)
The name, telephone number, and mailing address (fax number, cell
phone, and e-mail address, if available) of the person who will receive
all office correspondence from the City of Washington.
D.
All applications shall include plans indicating the following:
(1)
Name of the street to be excavated and the nearest cross street.
(2)
Distance of proposed excavation from the face of curb.
(3)
Distance of proposed excavation from the intersection.
(4)
The size of the excavation (length and width).
(6)
The location of any existing underground facilities and the location
of underground facilities to be installed, showing:
(a)
Conduit vaults, maintenance holes, pipes, etc.
(b)
Structural detail and additional information for structures
to be installed such as vaults and maintenance holes.
(c)
The construction method of the structure to be installed.
(d)
Construction detail, location, size, design criteria and the
purpose of the facility to be installed.
(7)
Cross section of a typical trench, indicating:
(8)
The plan may show the approximate location of the excavation provided
that, on an "as-built" plan, the exact location of the excavation
is shown. The as-built plan shall be submitted prior to the permit
being finalized.
(9)
A traffic control plan.
E.
All excavation permit fees are due at the time the permit is issued.
These fees represent the value of staff time in processing a permit
application and are nonrefundable.
F.
If an account is past due or not in good standing, a permit cannot
be issued until the account is brought into good standing. To bring
the account to good standing, all fees and fines must be paid.
G.
As a condition of the permit to excavate, the applicant shall provide
evidence of an inquiry identification number issued by Pennsylvania
One-Call.
H.
Permittees and excavators shall pay close attention to the location
and alignment of all USA markings while performing their work. USA
codes are:
I.
If an excavator damages other facilities during its excavation work,
the excavator will need an additional street cut permit if additional
excavation and trenches are needed to repair the damaged facility.
The original permittee shall maintain the site and restore the pavement
and any affected signage or striping.
J.
Except in an emergency, street cut permits shall be taken out in
advance of excavation work. An emergency is considered to exist only
when life or property is endangered or when an essential utility service
is or may be interrupted during weekends, holidays or between 5:00
p.m. and 8:00 a.m. of normal working days.
K.
In the event of an emergency, the excavator shall notify the City
of Washington and apply for a street cut permit for emergency work
within four hours after the City of Washington's office opens.
L.
Preconstruction meeting:
(1)
A preconstruction meeting shall be held for all projects that are
scheduled to take longer than 15 working days to complete.
(2)
The owner, contractor, any other agency that is involved and the
City of Washington shall attend this meeting.
(3)
For projects that are supposed to be completed within 15 days and
are not completed within the allowed time, the City may issue administrative
citations if a preconstruction meeting was not held.
(4)
The traffic control plan shall be approved prior to the preconstruction
meeting.
M.
Permit duration shall be indicated on the permit:
(1)
All permits shall include estimated start and completion dates. A
permit is valid from the construction start date specified on the
approved permit until the specified completion date.
(2)
Excavation permits are not valid if other required permits are not
obtained or required notifications are not given.
(3)
No disruption of traffic is allowed after 4:00 p.m. and before 8:00
a.m. unless specifically approved for these hours.
(5)
Permits expire and become void, unless otherwise amended:
(a)
Sixty days after the start date, if no work has begun.
(b)
If the work is not diligently proceeding and there are delays
of more than four working days after the work has started, unless
the delays are caused by weather or other circumstances beyond the
permittee's control.
(c)
When the excavation, including the trench restoration, is completed
or on the date specified on the permit as the expiration date.
(6)
The work is determined to be proceeding diligently if:
(a)
After a project begins, work continues on a regular basis, except
for weekends, holidays, inclement weather, labor disputes, or any
emergency beyond the control of the permittee.
(b)
The permittee ensures that all necessary materials and supplies
are on hand and ready for use so as not to delay the excavation and
the prompt restoration of the public right-of-way.
N.
A valid permit may be extended by requesting an extension prior to
the expiration date by specifying the dates that need to be changed
and explaining the reason for the extension. The Engineer reserves
the right to deny a request for extension.
O.
If an application has been withdrawn or an approved permit is cancelled
prior to the start of work, the applicant or permittee may request
a refund of the bond funds; all other permit fees are nonrefundable.
P.
By accepting a street cut and/or encroachment permit, the permittee
and the owner of the facility(ies) for which the permit has been issued
agree:
(1)
To follow all laws, rules, regulations and permit conditions.
(2)
To assure that their employees, contractors and subcontractors comply
with all laws, rules, regulations and permit conditions.
(3)
To indemnify the City of Washington against all claims for personal
injury or property damage that may arise in connection with the work.
Q.
The street cut and/or encroachment permit shall be available during
work periods at the excavation site, until the project is completed
and approved by the Engineer. Permit(s) shall be shown to City of
Washington employees upon request.
R.
The excavator shall provide public notifications when excavating
in the public right-of-way.
(1)
Minor projects lasting longer than 48 hours but less than 15 working
days shall provide eleven-inch by seventeen-inch posters with one-inch
minimum letters at the beginning and end of the project and every
300 feet between the beginning and the end of the project. Notes must
contain:
(2)
Major projects lasting 15 working days or longer, the excavator shall:
(a)
After the permit has been issued and at least five days but
no more than 30 calendar days before the anticipated start date of
work, mail or deliver written notice to:
A.
Trenches shall be backfilled with Class 2 aggregate base as specified
in the PennDot specifications, "Aggregate Base," or suitable material
as required by the City of Washington Standard Plans and Specifications.
Compaction of backfill shall be in accordance with the City of Washington
Standards.
B.
When undermining occurs, remove existing pavement as required to
compact the backfill and restore the pavement.
C.
Compaction tests shall be certified by an independent laboratory
and submitted to the Engineer, who may require the contractor to recompact
and retest until the test results show that proper compaction is being
achieved.
A.
Trenches shall be paved in accordance with the City of Washington
Standard Plans and Specifications. After the trench has been backfilled,
and immediately prior to placing asphalt concrete, the existing asphalt
concrete shall be saw cut or milled according to City of Washington
Standards to a vertical face. The cut shall be a "T-cut" according
to City of Washington Standards, and the new asphalt concrete paving
shall be butt-joined to the existing asphalt concrete vertical face.
No feathering of new paving to existing paving is allowed. The vertical
faces shall be tack coated. In prohibition streets, placement of the
final two inches of asphalt concrete wearing surface shall be done
by a paving machine or spreader box. Asphalt concrete shall be delivered
and compacted in accordance with the City of Washington Standard Plans
and Specifications. To allow for proper placement of the new pavement
section, damaged pavement outside of the original trench cut lines
shall be removed by cutting in lines perpendicular to or parallel
to the original trench lines. No diagonal cuts are to be made. Undamaged
pavement of three feet or less between two damaged areas shall also
be removed.
B.
For trenches in recently paved prohibition streets, the entire lane
shall be key-cut two inches deep and repaved with asphalt concrete
unless the Engineer gives written authorization to resurface with
a polymer-modified slurry seal instead. Authorization from the Street
Department Superintendent to use slurry seal instead of asphalt concrete
shall set forth the reasons for the authorization.
C.
For trenches in recently slurry-sealed prohibition streets, the entire
lane shall be resurfaced with polymer-modified slurry seal.
D.
Trenches in concrete streets shall be repaved with concrete. The
thickness of the new pavement shall be equal to the thickness of the
existing pavement, with the minimum thickness to be six inches in
the roadway.
E.
Trenches in arterial and collector streets shall be paved with not
less than six inches of asphalt concrete or match the existing pavement
thickness (whichever is greater).
F.
Pavement shall be restored within 14 working days from the time the
entire trench is backfilled, unless delay is excused due to circumstances
beyond the contractor's control, such as inclement weather. For
minor excavations such as service installations, the pavement shall
be restored within 30 working days from the time the entire trench
is backfilled, unless delay is excused due to circumstances beyond
the contractor's control, such as inclement weather.
G.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five-percent
relative compaction. The asphalt concrete wearing surface shall have
no irregularity greater than 5/16 inch in 10 feet in any direction.
H.
On all streets, steel plates shall be used to facilitate traffic
flow and to protect the excavation until finish pavement is restored.
Steel plates used to bridge a street opening shall be ramped to the
elevation on the adjacent pavement and secured against movement in
any direction. Temporary ramps shall be constructed of asphalt and
shall have a gradual 30:1 slope or flatter, using asphalt cutback.
I.
All painted markings shall be removed by the permittee after the
work has been completed.
J.
All damaged pavement markings and striping shall be replaced and
restored by the permittee.
K.
Whenever there is any excavation, as defined by this article, that
affects more than 40% of the integrity of a street, the excavator
as part of the street restoration shall be required to repave the
entire street beginning at the intersection located closest to the
excavation and extending to the nearest street intersection located
closest to the other end of said excavation. For purposes of this
section, the term "excavator" shall also include those individuals
or entities that commenced excavation on a City street without obtaining
a valid permit.
B.
Work not in compliance with the above requirements shall be rejected,
removed and redone by the permittee to the satisfaction of the Engineer.
C.
The owner of the facility/utility company is responsible for any
roadway defects in the area over and adjacent to the trench appearing
after the permittee restores the trench. The owner is responsible
for maintenance, repair or reconstruction of the excavation site's
affected area until the City of Washington reconstructs, repaves or
resurfaces the street.
D.
If there is a trench-related failure after the City of Washington
reconstructs, repave, or resurfaces the street, the owner of the facility/utility
company is responsible for its repair if the failure occurs within
one year of a trench repair.
E.
When the City of Washington determines that an excavation or a defect
is hazardous or constitutes a public nuisance or other imminent threat
to public health, safety or welfare, the Street Superintendent may
order the responsible party to remedy the condition immediately. If
the responsible party refuses or fails to make the needed repairs
immediately, the City of Washington will make the repairs and:
(1)
The responsible party will be charged all the actual costs, including
administration, construction, consultant fees, equipment, inspection,
notification and remediation, made necessary by the action or inaction
of the permittee.
(2)
The repair or restoration by the City of Washington does not relieve
the responsible party from liability for future pavement failures.
(3)
If the responsible party fails or refuses to pay the restoration
cost, the City may use any legal means to recover the costs, including
but not limited to property liens and/or court action.
Any violation of this article may be enforced either as a summary
offense or by any remedy available to the City under this article
or under state law. Potential enforcement measures include but are
not limited to the following:
A.
Fine.
(1)
If a City inspector finds that a contractor has committed any of
the following violations, then the contractor may be required to pay
a fine or penalty for his or her actions. The penalties for violations
are listed in the City's Master Fee Schedule, which may be amended
from time to time by resolution of the City Council.
VIOLATIONS PENALTIES
(not to exceed amount shown)
| ||
---|---|---|
1.
|
Working without a permit: administrative citation, stop-work,
and apply and pay for the required permit.
| |
2.
|
Excavation without providing public notice: administrative citation
and stop-work.
| |
3.
|
Beginning a major project without having a preconstruction meeting:
administrative citation.
| |
4.
|
Violation of permit conditions: administrative citation.
| |
5.
|
Improper site protection: improper plating, path of travel,
barricading, etc.: administrative citation.
| |
6.
|
No permit on site: administrative citation.
| |
7.
|
Improper trimming of trench: administrative citation.
| |
8.
|
Any trench left open after the allowed work hours that is not
backfilled and covered: administrative citation.
| |
9.
|
Improper public notice; no notice sign, wrong information on
sign/notice: administrative citation.
| |
10.
|
Noncompliance with trench restoration requirements: administrative
citation.
| |
11.
|
Improper housekeeping; failure to remove spoil, dirty site,
no sweeping, etc.: administrative citation.
| |
12.
|
Other excavation code violations: administrative citation.
|
(2)
The above fines, when assessed, shall be deducted from the cash deposit
required by this article or will be paid by the applicant if there
is not a cash deposit.
B.
Suspension. Whenever the Street Superintendent finds that a suspension
of an encroachment permit is necessary to protect the public health
or safety from imminent danger, the Street Superintendent may immediately
suspend any such permit pending a hearing for remedial action or revocation.
The Street Superintendent shall, within three working days of the
emergency suspension, give a written notice of such suspension to
the permittee, by personal service or by first class mail, postage
prepaid, to the last known address of the permittee. The permittee
may, within 15 days after service of such a written notice of suspension,
file with the Health Officer a request for a hearing regarding the
suspension. The City Health Officer or his or her designee shall schedule
a hearing on the suspension within five working days of receipt of
a request for hearing. If the City Health Officer or his or her designee,
after the hearing, finds that the public health or safety requires
correction or alteration of any condition caused by or existing on
the site of the encroachment, he or she shall issue one or more of
the following:
(1)
An order to correct any particular noncompliance.
(2)
A revocation of the encroachment permit.
(3)
A continued suspension of the encroachment permit, until such time
as the dangerous condition is corrected.
(4)
A modification or reinstatement of the encroachment permit, with
conditions as necessary to prevent harm to the public. The City Health
Officer or his or her designee shall, within 10 days of the hearing,
render a written opinion, stating the findings upon which the decision
is based, and the action taken. The decision of the City Health Officer
or his or her designee shall be final, except a decision to revoke
the permit, which may be appealed to the City Council in accordance
with this article.
C.
Revocation. The Street Superintendent may recommend that the City
Health Officer revoke a permit where he or she finds that:
(1)
The permittee has violated any provision of this article or conditions
of the permit;
(2)
The permittee has failed to pay any required fees or to post or maintain
any bond or insurance required by this article;
(3)
The encroachment for which the permit was granted adversely affects
the safety, capacity or integrity of the City's public right-of-way
or increases the City's liability exposure;
(4)
The encroachment is causing the City to incur substantial additional
maintenance costs; or
(5)
Material misrepresentations, omissions, or inaccuracies were made
in the application for the permit. The Engineer shall give the permittee
at least 10 days' written notice of a hearing before the City
Health Officer or his or her designee on the proposed revocation of
a permit issued pursuant to this article, setting forth the grounds
for such action. If after reviewing all evidence presented before
or at the public hearing the City Health Officer or his or her designee
makes any one of the five findings set forth above, he or she may
revoke the permit. The City Health Officer or his or her designee
shall, within 10 days after the close of the hearing, render a written
opinion, stating the findings upon which the decision is based and
the action taken. The decision of the City Health Officer or his or
her designee may be appealed to the City Council in accordance with
this article.