[Adopted by the Municipal Council 6-1-2021 by Ord. No. 21-09[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Excavations and Repairs, adopted4-1-2008 by Ord. No. 08-04, as amended.
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
PERSON
Includes any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, lane, court, cul-de-sac, square, alley, highway or other public place located in the Municipality of Norristown and either for or intended for public use, and shall include the cartway, sidewalk, gutter, and/or right-of-way area, whether or not such street or any part thereof is owned in fee by those other than the Municipality.
It shall be unlawful for any person to open, break or to make any excavation of any kind in any street in the Municipality of Norristown by digging or otherwise or to dig a tunnel under the surface of any street without first securing a permit therefor as hereinafter provided.
It shall be unlawful for any person to construct any public or private driveway or road so as to open into any Municipal street without first securing a permit therefore as hereinafter provided. The design and construction of such driveway or road shall be in accordance with the latest Municipal standards and specifications.
A. 
No developer, contractor, or subcontractor shall perform any work affecting public property, rights of way, Municipality-owned grounds and parks, any Municipality-owned utility system, or any other utility system or in the street right of way or utility easement, whether or not the work is performed for the Municipality, without either:
(1) 
Showing a certificate as a Pennsylvania Department of Transportation (PENNDOT) General contractor; or
(2) 
Obtaining a license from the Public Works Director as prescribed by this chapter before commencing any such work.
B. 
License application.
(1) 
General contractors registered with PENNDOT are not required to complete an application.
(2) 
An applicant for a license under this chapter shall apply therefor on forms furnished by the Public Works Director and pay the fee of $75. This amount may by amended by Council via resolution.
(3) 
License may be renewed each year for fee of $50. This amount may by amended by Council via resolution.
C. 
Permit required.
(1) 
Any person who shall desire to do any work, including any opening or excavation in any of the public right-of-way or streets, in the Municipality of Norristown shall make application to the Public Works Director in writing for the purpose.
(2) 
Such application shall be made upon forms to be furnished by the Municipality.
(3) 
The applicant shall submit and maintain insurance, listing the Municipality as an "additional insured," while performing work for the Municipality.
(4) 
The applicant shall provide a bond or cash escrow in accordance with § 278-31 before any work is started.
D. 
Insurance required.
(1) 
Every applicant licensed under this chapter shall maintain the required insurance throughout the period of the contract work and maintenance responsibility as indicated below:
(a) 
Public liability insurance: public liability insurance covering the contractor, its subcontractors and the Municipality for injury or damage caused directly or indirectly by it or its employees for the following limits and in the future may be adjusted by resolution of Municipal Council:
[1] 
Bodily injury, each person: $1,000,000.
[2] 
Bodily injury, each occurrence: $1,000,000.
[3] 
Property damage, each occurrence: $1,000,000.
(b) 
The Municipality of Norristown shall be named as an additional insured on such policies. Thirty calendar days' notice of cancellation of any such policies shall be provided to the Municipality.
(2) 
If work undertaken by the licensee may require blasting, explosive conditions, or underground operations, the comprehensive general liability insurance shall cover blasting, collapse of buildings, and damage to adjacent property.
(3) 
In addition to the insurance required in this section, the Public Works Director may require, before or after the license is issued, insurance protection for a hazard peculiar to the particular project.
E. 
Authority to deny issuance of license.
(1) 
The Public Works Director may deny an application for a license under this chapter upon a determination that:
(a) 
The applicant cannot prove they have done similar work in the past;
(b) 
The applicant has had any contractor license revoked or suspended; or
(c) 
The applicant has previously failed to comply with the ordinances and regulations of the Municipality relating to conducting any contracting business licensed under this code.
(2) 
If the Public Works Director denies a license application under this section, the applicant may seek reconsideration from the Municipal Administrator.
F. 
Contractor responsibilities.
(1) 
A contractor licensed under this chapter is responsible for all work performed under its contract, whether or not the contractor, an employee, or a subcontractor performs the work.
(2) 
A contractor licensed under this chapter shall comply with all standards for construction in the public rights-of-way prescribed by the Municipality of Norristown.
G. 
Suspension or revocation of license. The Public Works Director may suspend or revoke the license issued under this chapter for failure to comply with any Municipal codes, rules, ordinances and regulations, and state statutes and regulations of the Municipality. Grounds for suspension or revocation include, without limitation, failure to maintain required insurance.
H. 
Term of license. The term of the license issued under this chapter is 12 months from the date of issuance.
Any person who shall make any opening or excavation in any of the streets in the Municipality of Norristown, whether by drilling, boring, driving or tunneling or trenching under, across or through any street shall restore the street to a condition equal to or better than its condition prior to such opening or excavation.
A. 
Any person who shall make an opening or excavation in any street in the Municipality of Norristown shall perform all such opening or excavation work and the restoration work required hereunder in accordance with the standards and provisions set forth in 67 Pa. Code § 459.8, as amended. Likewise, any aboveground construction shall be in performed accordance with 67 Pa. Code § 459.9. All references in foregoing Code sections to the District Office, the Department of Transportation or similar references shall be deemed to be references to the Municipality of Norristown.
B. 
If and to the extent that any person shall open or excavate any portion of a street in a manner which results in 20 linear feet or more of such street being excavated on one side of the street only, then such person shall be required to repave the street the full length of the excavation from the center line of the street to the curb on the side of the street on which the excavation occurred; or in a manner which results in 20 linear feet or more of such street being excavated and such excavation occurs on both sides of the street, then such person shall be required to repave the street the full length of the excavation from curb to curb.
The applicant for any street opening within the Municipality of Norristown shall submit at the time of application a detailed traffic plan, to be approved by the Public Works Director with input from the Department of Public Safety. The traffic plan, which may include road closure, will consist of a diagram of the traffic flow pattern, along with the means to be used for closing the street to normal traffic, length of time for closure, and the type of equipment to be used as traffic flow indicators. No traffic plan shall be required in the case of emergency excavations.
In addition to any permit fee required under this article, a surety bond or a cash escrow, approved by the Municipality, shall also be posted assuring the Municipality that all provisions of this article will be met.
A. 
If the estimated cost of the opening, excavating and restoration work is in the amount of $5,000 or less, than the amount of the surety bond shall be a minimum of $5,000.
B. 
If the estimated cost of the opening, excavating and restoration work exceeds $5,000, then the amount of the surety bond shall be in an amount equal to the estimated costs.
C. 
In the case of a permit issued to a public utility, as defined in 66 Pa. C.S.A. § 102, the surety bond shall be in the amount of $3,000.
D. 
In the case of a § 278-26 permit issued for residential property owned by a Norristown resident for work in the amount of $5,000 or less to be completed by said resident, a cash escrow in the amount of twice the required permit fee shall be posted with the Municipality. The cash escrow shall held by the Municipality and returned to the property owner upon completion and inspection of the work by the Public Works Director.
A. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Public Works Director, be unsatisfactory and the same shall not be corrected in accordance with the Public Works Director's instructions, including the removal of construction materials and debris; after 30 calendar days' notice, the Municipality may proceed to redeem the surety bond or cash escrow and correct such unsatisfactory work or complete any such work not completed and charge the costs thereof in excess of the surety bond or cash escrow plus 25% to the applicant. Should the surety bond or cash escrow not be sufficient to complete the work, the Municipality shall have the right to assess the costs for such work against the owner and the property, such costs to be a lien against the property as provided for in the Municipal Claims and Tax Lien Act, Act of May 16, 1923, P.L. 207, as amended and supplemented.
B. 
Service of notice. The notice provided for in Subsection A above shall be served upon the owner of the property to which the notice refers if such owner is a resident of the Municipality or, if not, then upon the agent or tenant of the owner or upon the occupant of such property. If the owner has no agent or tenant or there is no occupier of such property, then service shall be by printed or written notice posted upon the premises.
All lines and grades of highways and alleys shall be given by the Director of Public Works from the grade maps which have been approved and adopted by the Municipal Council.
In the case of any leak, explosion or other accident in any subsurface pipe, 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 article are fully complied with, with the exception that the applicant, upon making a permit application, shall provide the Municipality with a check for $300, in lieu of a surety bond. The check shall be held by the Municipality as security until a surety bond is provided to the Municipality. The applicant shall provide a surety bond within 48 hours of the permit application. Failure to do so will result in forfeiture of the deposit and shall be a violation of this article. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Public Works Director, after such notice as he or she shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same, on the basis of cost plus 25% to such owner or person.
A. 
In the event that the Public Works Director shall give timely notice to all persons owning property abutting on any street within the Municipality about to be paved or improved and to all public utility companies operating in the Municipality, then 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 said street within 30 calendar days from the giving of such notice, unless such time is extended in writing for cause shown by the Public Works Director. Should any owner of property abutting on such street fail or refuse to make any connections or repairs required to be made hereunder, the Municipality shall have the right to perform such work and to assess the costs for such work against the owner and the property, such costs to be a lien against the property as provided for in the Municipal Claims and Tax Lien Act, Act of May 16, 1923, P.L. 207,[1] as amended and supplemented.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B. 
New paving shall not be opened 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 of such paving to be determined by the Public Works Director. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason than an emergency as above stated, the applicant shall make written application to the Municipal Council, and a permit for such opening shall only be issued after express approval of the Council.
All sidewalks and curbs shall hereafter be constructed of concrete, which shall be in accordance with standards chosen by Municipal Council and the Public Works Director. All concrete sidewalks, when partially damaged or torn up, are to be replaced with blocks of the size existing in the original sidewalk. Broken sections of concrete curb must be replaced with full sections. No concrete sidewalk or curb within the limits of the highways or alleys of the Municipality of Norristown shall be constructed unless lies, grades and forms have been inspected and approved by the Public Works Director. All sidewalks shall be constructed and repaired with concrete. The minimum concrete sidewalk widths shall be five feet, and the remaining area may be planted with grass and trees. No crushed stone or bituminous material shall be permitted for surfacing the sidewalk area between the curbing and the sidewalk line. All restoration work in concrete roadway areas must be cut back with a concrete saw in order to ensure a tight construction joint is being made. The dimension of the restored area must be 12 inches wider on all sides than the original opening, unless one of the sides should abut against a standard concrete curb. In that case, the cure would be the limit of the restoration work on that side of the opening.
A. 
No aerial wire or cable is to be erected or placed within, along, across or over any highway or alley, except when permission is granted by the Municipal Council for such erection.
B. 
No barricade, red light or other protective device, while the same is in use within the limits of any highway or alley of the Municipality for the protection of the public, shall be removed from such highway or alley or interfered with, except by persons properly authorized to do so. Travel upon a highway undergoing repairs or improvements while the entrance to such highway area is barricaded against public use is forbidden, and the presence of the ordinary barricade used for that purpose shall be deemed to be public notice that the highway is closed to travel.
C. 
The blocking of any highway area is prohibited, except when the proper permit has been issued.
D. 
The use of any injurious substance upon the surfaces of the highways or alleys is hereby prohibited within the limits of the Municipality of Norristown.
E. 
Any person or persons, firm or firms, corporation or corporations gathering, collecting or transporting ashes or debris of any description over the highways or alleys of the Municipality of Norristown shall have any vehicle used in the transportation of the same furnished with a cover so that said ashes or debris will not be blown or spread over the highways or alleys within the limits of the Municipality of Norristown.
F. 
No gasoline pumps, oil tanks, walls, fences, posts, plantings, shrubbery or similar obstructions shall be placed within the highway. Any such obstruction shall be removed promptly by the property owner whenever written notice to remove such obstruction is given by the Municipality. If the owner fails to comply with such notice, the Municipality shall remove the obstruction and charge the cost thereof to the owner.
The Director of Public Works shall cause to be made a general inspection of all sidewalks within the Municipality at least once annually and shall report his findings to the Committee on Public Works and shall also notify, in writing, all property owners whose sidewalks, trees, vent pipes, curbs or other structures are in need of removal, repair or renewal.
Mains (gas, water, sewer or conduit), either new or extended, are not to be dead-ended within the block but are to be constructed to the farther side of the nearest intersection, unless express permission to do otherwise is first obtained from the Director of Public Works. Such permission is to be given only in cases where permanent paving of the entire block is not immediately contemplated.
Any person, whether principal, agent or employee, violating or assisting in the violation of any of the provisions of this article shall, upon conviction in summary proceedings, pay a fine of not more than $1,000 or shall be imprisoned for not more than 90 days, or both such fine and imprisonment. Each day that a violation of this article occurs shall be deemed a separate offense.