Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

67 Pa. Code § 459.5. Issuance of permits.

§ 459.5. Issuance of permits.

 (a)  General rule. Upon approval of an application submitted under this chapter, a permit will be issued by the appropriate district office, subject to this chapter and the conditions contained in the permit and its attachments and supplements. The permit shall be the applicant’s authority to proceed with the work specified in the permit. A copy of the permit and relevant plans shall be available at the work site for review.

 (b)  Permit requiring agreement/security. If the permittee will be authorized to perform a substantial amount of work within the right-of-way, the Department may, at its discretion, require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit. If security is required, it shall be delivered to the Department in a form and amount acceptable to the Department and shall guarantee restoration and maintenance of the highway for a period of at least 2 years after the acknowledged completion of the permitted work. If the security is executed by a company registered and authorized to do the business in this Commonwealth, the following documents are acceptable forms of security:

   (1)  An individual or blanket bond—Form M-945K—executed by the permittee and naming the Commonwealth as obligee.

   (2)  An irrevocable letter of credit—Form M-945L—signed by a bank officer and naming the Department as sole beneficiary, to be honored on presentment.

   (3)  An assignment of cause of action—Form M-945M—when authorized by the Department.

   (4)  An escrow account in a form acceptable to the Department.

 (c)  Permit issued only to applicant. A permit will only be issued to the applicant as described in §  459.3(b) (relating to permit application procedure).

 (d)  Permit supplements. The permittee may request a supplement to the permit, on Form M-945A, to amend a permit condition, such as revising the traffic control plan or extending the permit expiration date. A permit is valid for a 6-month period, or multiples thereof as specified on the permit, subject to the following conditions:

   (1)  If the permittee has not completed authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit.

   (2)  If approved, a supplement to the permit authorizing a new completion date will be issued by the District office.

   (3)  No extension of the permit will be authorized unless the permittee obtains an extension on the duration of a bond, insurance or other security required under this chapter, which extension of the bond, insurance or other security corresponds with the permit time extension. The permittee shall provide evidence of the extension to the Department.

   (4)  No work may be performed on an expired permit until a time extension supplement or new permit is obtained.

   (5)  No time extension supplement will be issued for a request received more than 30 days after the expiration of the permit. In that case, an application for a new permit may be submitted to the district office.

 (e)  Work completion notification. When permitted work has been completed, the permittee shall notify, in writing, the district office.

 (f)  Permanent permit microfilm record. The permit together with plans, relevant correspondence and supplements issued will be microfilmed, and the microfilm record will be retained in the district permit office.

 (g)  Photodocumentation. At least 15 days prior to opening more than 500 linear feet of pavement or shoulder, or both, the permittee shall deliver photodocumentation to the district office verifying the preconstruction condition of the pavement and shoulder surfaces in accordance with the following:

   (1)  The pavement and shoulder that will be disturbed shall be photodocumented in its entirety with color videotape or color film. Photodocumentation shall be compatible with district office viewing equipment.

   (2)  The permittee may submit color slides or color prints in lieu of videotape or film, if each slide or print is clearly labeled and arranged to verify the surface condition of each successive 25 linear feet of pavement and shoulder that will be disturbed.

   (3)  If photodocumented pavement and shoulder surface conditions or locations are not discernible, complete or otherwise acceptable, the district office will either return the photodocumentation to the permittee for resubmission or the district office will create its own photodocumentation record and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Department’s invoice.

   (4)  The date of photodocumentation shall be identified on each cartridge, reel, slide or print.

   (5)  Photodocumentation of longitudinal openings less than 500 linear feet in pavements or shoulders is recommended to avoid responsibility for preexisting highway conditions.

Authority

   The provisions of this §  459.5 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § §  670-411, 670-420 and 670-702).

Source

   The provisions of this §  459.5 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial page (73626).

Cross References

   This section cited in 67 Pa. Code §  459.7 (relating to general conditions); and 67 Pa. Code §  459.8 (relating to special conditions—subsurface operations).



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