[Adopted 4-8-1993 by Ord.
No. 1042 (Ch. 225, Part 3, of the 1999 Code)]
No persons, partnerships, associations, firms or corporations (hereafter referred to as "applicant"), shall hereafter open, dig up, excavate or disturb the surface of any part of the public streets, sidewalks, alleys or highways in the Borough of Homestead without having obtained a street opening permit as hereinafter provided. Sidewalk repairs for purposes other than installation or repair of an underground utility line shall be governed by Part
1 of this chapter.
Street opening permits shall be obtained in
the following manner. All persons, partnerships, associations, firms,
corporations or public utility corporations operating under a franchise
granted in said Borough shall follow the following procedure:
1. Application,
in writing, shall be made on the appropriate form to the Borough Manager
or representative setting forth the location of the proposed opening
or excavation, the size thereof, the purpose therefor and the persons,
partnerships, associations, firms or corporations doing the actual
excavating work. The authorized office of the persons, partnerships,
associations, firms or corporations doing the actual excavating work
shall make and sign the application for the permit and shall be required
to comply with all the provisions of this Part as hereinafter set
forth.
2. Before the application
shall be approved, performance guarantees shall be provided for street
excavations in the following manner:
[Amended at time of adoption of Code (see AO)]
A. A bond or cashiers check of $1,000 shall be provided
at the date of the application for each street excavation permit.
This bond will be returned when all work is performed satisfactorily;
or
B. A bond or cashiers check in the amount of $10,000
shall be provided to the Borough for the calendar year. This guarantee
shall be good for the entire year in which it is issued. The guarantee
will cover all street excavation activities for the entity during
that calendar year. This guarantee will be returned when all jobs
started in that calendar year are completed satisfactorily.
3. Said application
and bonds shall be approved or disapproved by the Borough Manager
and Solicitor, respectively, the proper fee determined by the Borough
Manager or representative, and endorsed on the application, and the
bond shall then be filed with the Borough Manager or representative.
4. The fee for such
permits shall be as set from time to time by Borough Council for the
first 25 lineal feet of excavation or fraction thereof, regardless
of the type of street pavement or sidewalk construction. Additionally,
a fee as set by the Borough Council per lineal foot in excess of 25
feet shall be charged.
[Amended at time of adoption of Code (see AO)]
5. Upon approval
of the application by the Engineer, the applicant shall receive from
the Borough of Homestead Code Enforcement Officer, or designated agent,
a permit to perform the requested work.
6. Said permit shall
then be available for inspection upon request by the proper officials.
1. All persons, partnerships, associations,
firms or corporations, including public utility corporations, granted
a permit under the above schedule of fees shall, in addition to refilling
the opening or excavation, replace the excavation and repair the street
surface in accordance with the engineering details in the official
Street Opening Handbook, most recent 2013 edition, which has been amended to include the requirements for
paved surface restoration set forth in the December 19, 2013, engineering
drawing titled: "Borough of Homestead-Paved Surface Restoration" authored
by Glenn Engineering & Associates, Ltd.
[Amended 1-9-2014 by Ord.
No. 1223]
2. If within two
years after the restoration of the surface as herein provided, defects
shall appear therein resulting from defective backfilling by the applicant,
the applicant shall reimburse the Borough for the cost of all necessary
repairs to the permanent paving.
No part of a street or highway shall be tunneled
under or undermined, except in such case as may be approved by the
Engineer or his representative. The charges, however, shall be the
same as if the surface had been removed.
Whenever the excavation, opening or trench exceeds
the size set forth in the application, an extension of the permit
must be secured within 48 hours to cover such extra excavation, opening
or trench.
The Code Enforcement Officer or representative
shall verify the extent of the excavation, opening or trench and shall
inspect and generally supervise the work.
In the case of any leak, explosion or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, construction or apparatus, 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 Part
2 are fully complied with.
The permission herein granted does not confer
upon the permittee or its contractors the right to cut, remove or
destroy trees or shrubbery within the legal right-of-way except under
specifications, regulations and conditions as the Borough may prescribe.
The Borough Secretary shall give timely notice
to all persons owning property abutting on any street within the Borough
about to be paved or improved, and to all public utility companies
operating in the Borough, and all such persons and utility companies
shall make all water, gas or sewer connections, as well as any repairs
thereto which would necessitate excavation of the said street within
30 days from the giving of such notice, unless such time is extended,
in writing, for cause shown by the Borough Secretary. New paving shall
not be opened or excavated for a period of five years after the completion
thereof, except in case of emergency, the existence of which emergency
and the necessity for the opening or excavating of such paving to
be determined by the Borough Engineer. If it is sought to excavate
upon or open a street within five years after the completion of the
paving, the applicant shall make written application to the Borough
Council, and a permit for such opening shall be issued only after
express approval of the Borough Council, and shall be in accordance
with the special regulation for such as detailed in the Street Opening
Handbook.
If at any time in the future the roadway is
widened, reconstructed or the alignment or grades are changed, the
permittee further agrees to change or relocate all or any part of
the structures covered by this permit which interfere with the improvement
of the roadway at its own cost and expense.
No new water, sewer, steam or gas main or electric
telephone or other utility line shall hereafter be laid or constructed,
and no such existing main or line shall be extended, in any of the
streets of the Borough until the plan therefor shall have been first
filed with the Borough Engineer and such plan, and the exact location
of such main or line, approved by him. The Borough Engineer shall
not approve the locating of any such main or line at a depth of less
than 30 inches from the surface of the street, unless he shall be
convinced that locating the same at a depth of more than 30 inches
from the surface is impossible or impractical.
All excess or excavated materials on any street
or highway shall be promptly removed from the street or highway by
the persons, partnerships, associations, firms or corporations receiving
the permit.
All persons, partnerships, associations, firms
or corporations granted a permit to make an excavation, opening or
trench in the public streets and highways of the Borough shall, at
all times, maintain suitable barricades and guards and display proper
warning signals, signs and flags in accordance with the regulations
of the Commonwealth of Pennsylvania, and provide all necessary watchmen
to prevent injury to any person or vehicle by reason of the work.
Such barricades shall be protected by sufficient lights at nighttime.
Streets and highways must be kept open for traffic at all times except
when otherwise ordered or approved by the Borough of Homestead Manager
or the Chief of Police or representative.
The work authorized by the permit is subject
to all the provisions of the Act of December 10, 1974, P.L. 852, No.
287, 73 P.S. § 176 et seq., as amended or supplemented from
time to time. It shall be the permittee's responsibility to contact
the utilities that have recorded their facilities in compliance with
said Act. A partial list of utilities providing services in the Borough
and their office addresses may be obtained from the County Recorder
of Deeds.
All persons, associations, firms or corporations,
shall assume all responsibility for the excavations made, shall indemnify
and hold harmless the Borough, its agents and assigns from all loss,
costs, damages done or ascribed to any act of commission or omission
in the performance of its work and shall pay the Borough costs of
every kind incurred in contesting suits on said account and upon notice
from the Borough will assume the defense of any such suits.
[Amended at time of adoption of Code (see AO)]
Any person, firm, corporation, association or
partnership who violates any provisions of this Part shall, upon summary
conviction, be sentenced to pay a fine of not more than $1,000 for
each offense, plus court costs and reasonable attorneys' fees incurred
by the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day of violation
shall be considered a separate and distinct offense. In cases of persons,
partnerships, associations, firms or corporations, the penalty may
be imposed upon the parties or members thereof and in case of corporations
upon the officers thereof. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of a violation
may be punished as provided above for each separate offense.