§ 11-705. Construction. 149

   (1)   Permits.

      (a)   Except as expressly provided otherwise in this Section, no Person or City Agency shall block or close a street or sidewalk for the purposes of constructing, installing, operating, maintaining, relocating, removing, repairing or replacing Facilities unless a Street Closure Permit has been obtained from the Department pursuant to standards adopted by the Department by regulation.

      (b)   Except as expressly provided otherwise in this Section, no Person or City Agency shall open or break a street or sidewalk, or excavate within a City Right-of-Way, for the purposes of constructing, installing, operating, maintaining, relocating, removing, repairing or replacing Facilities unless a Street Opening Permit has been obtained from the Department pursuant to standards adopted by the Department by regulation.

      (c)   In the event of an Emergency Condition, a Person or City Agency may apply for such Street Closure Permits and Street Opening Permits within the time determined by the Commissioner by regulation.

      (c.1)   Except as expressly provided otherwise in this Section, for any project with a duration of seven (7) days or more, no Person or City Agency shall break, excavate, or open any street or sidewalk that requires full street closure under this Title, unless a full Street Closure Permit has been obtained by the Department and the applicant also certifies with the Department that it has given notice, at least one week prior, by first class mail, electronic mail, or door to door notices, to each residential and commercial property within 540 feet of the project. Such notice shall advise each recipient of the nature of the project, all known phases of the project, the estimated duration, any potential safety hazards, parking restrictions, any detours or other inconveniences necessitated by the project, provide contact information, and such other information the Department determines would enhance the safety and convenience of the neighbors.  150

      (d)   No Street Closure Permit or Street Opening Permit shall be issued to any Person or City Agency for the purposes of constructing, installing, operating, maintaining, relocating, removing, repairing or replacing Facilities unless:

         (.1)   a ROW Registration has been issued to the owner of such Facilities, and the Registered User is otherwise in compliance with this Chapter;

         (.2)   the Commissioner determines that the Person or City Agency is capable of properly constructing the proposed Facilities;

         (.3)   the owner of such Facilities belongs to the Pennsylvania One Call System as provided in the Act of December 10, 1974, P.L. 852, No. 287, as amended, 73 P.S. §§ 176 et seq., and is in compliance with its requirements;

         (.4)   the permit application is accompanied by plans and specifications for the work in form and content determined by the Commissioner by regulation; and

         (.5)   the applicant is a Registered User and remits the proper fee(s) to the Department pursuant to Section 11-706.

      (e)   Issuance of Permit Number. The Department shall designate each Street Closure Permit and Street Opening Permit issued pursuant to this Chapter with a permit number.

   (2)   Right to Inspect. The Department may inspect any Facility construction or repair activity to determine compliance with the terms of this Chapter and other applicable laws and regulations to the extent permitted by law. Registered Users, Persons and City Agencies that are issued permits pursuant to this Chapter are required to cooperate with all such inspections and to provide information requested by the Department as part of the inspection.

   (3)   Damage to Facilities or the ROW. Any Person or City Agency granted a permit pursuant to this Section, or otherwise performing construction in the Right-of-Way, shall be liable for damage that it, or a Person working for it, causes to the Right-of-Way or to any property or Facilities owned or used by the City, by other users of the Right-of-Way, or by any other Person or City Agency, and shall promptly repair or reimburse the City for damage to the ROW, and shall promptly reimburse the owner of the damaged property or Facilities for damages thereto. Nothing in this subsection (3) or elsewhere in this Chapter shall be construed as a waiver of the defenses, immunities, and limitations on damages available to the City pursuant to the Judicial Code at 42 Pa. C.S. §§ 8541 et seq.

   (4)   Facilities Maps. Each Person and City Agency issued a Street Closure Permit or Street Opening Permit pursuant to this Chapter shall submit to the Department, after completion of the permitted construction, accurate maps depicting the nature, dimensions, and location in the ROW of the Facilities constructed.

   (5)   Program for the Coordination of Construction Activities. The Department, in consultation with Registered Users and/or Franchisees and through the establishment of such advisory committees to the Department as the City may determine, shall develop a program for the coordination of construction activities in the ROW. The purposes of the program shall be to:

      (a)   minimize multiple Street openings, the resulting disruption of the ROW, and inconvenience to the public;

      (b)   ensure that construction in the ROW consistently meets a high industry standard of quality;

      (c)   coordinate the exchange and review of construction plans among Right-of-Way Users and between Right-of-Way Users and City Agencies, including the early identification and coordination of large construction projects planned by Right-of-Way Users and City Agencies, and the early review of economic development plans affecting construction in the ROW;

      (d)   ensure the timely identification and resolution of conflicts between planned and existing Facilities in the ROW;

      (e)   improve the efficiency of the process for issuing permits and minimize the time required;

      (f)   identify opportunities for joint construction in the ROW by multiple Registered Users;

      (g)   develop traffic safety guidelines for construction and maintenance activities in the ROW;

      (h)   otherwise identify and implement measures to improve the efficiency and minimize the impact of construction in the ROW.

   (6)   Application to City Agencies. Subsection (1) shall apply to City Agencies but may be waived by the Commissioner for City Work if the Commissioner, upon application by an affected City Agency, determines that compliance will adversely affect the public health, safety or welfare.

 

Notes

149	Amended, Bill No. 230454 (approved July 12, 2023). See note 145 for effective date provisions.
150	Added, Bill No. 230570 (approved November 13, 2023). Section 2 of Bill No. 230570 provides: “This Ordinance shall be effective upon the effective date of Bill No. 230454 (approved July 12, 2023).” For the effective date of Bill No. 230454 , see note 145. Enrolled bill added this as (c); renumbered by Code editor.