[Adopted 4-8-1993 by Ord. No. 1042]
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:
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 therefore 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 article as hereinafter set forth.
Before the application shall be approved, the persons, partnerships, associations, firms or corporations making the application must either have on file with the Borough a bond in the amount of $5,000, covering all openings or excavations made or to be made in a calendar year, or shall furnish a bond in the amount determined by the Engineer covering the proposed openings or excavation set out in the application. The aforesaid bonds shall have either corporate surety or surety approved by the Borough of Homestead Solicitor or representative, and shall be conditioned to indemnify the Borough in the event of any loss, liability of damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such opening or excavation during the term of said bond. The term of said bond shall be continuous.
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.
The fee for such permits shall be $150 for the first 25 lineal feet of excavation or fraction thereof, regardless of the type of street pavement or sidewalk construction. Additionally, a fee of $2 per lineal foot in excess of 25 feet shall be charged.
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.
Said permit shall then be available for inspection upon request by the proper officials.
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]
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 3 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.
Any person, firm, corporation, association or partnership who violates any provisions of this chapter shall, upon summary conviction, be sentenced to pay a fine of $600 for each offense and/or be sentenced to a term of incarceration not to exceed 90 days. 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.