[Ord. 7, 3/5/1926, §§ 1-2; as amended by Ord.
17, 3/8/1927, § 1; and by Ord. 242, 9/20/1960, § 1]
1.
From and after the enactment of this Part 4, the surface of any highway
shall not be opened, broken or tunneled under by any person, firm,
association or corporation for any purpose whatsoever without first
making application, obtaining a permit and complying with other specifications
and requirements herein specified or as set forth in the permit issued.
Permits shall be issued only to competent road building contractors,
normally engaged in road paving work, for work to be performed by
them.
2.
This Part 4 shall apply to any opening, breaking of the surface or
tunneling within the boundaries of any public highway, road, street
or alley, for the purpose of laying any pipe, drain, culvert, sewer
or other conduit, or making connections therewith, or for erecting
any telegraph, telephone, electric light, or any other pole, or to
any other breaking or opening whatsoever within said limits.
[Ord. 7, 3/5/1926, § 3]
Every application for a permit shall:
1.
Be on the printed form furnished for the purpose.
2.
Set forth the location, area and the purpose of the contemplated
opening.
3.
Be signed by a responsible applicant.
4.
Contain the name and address of the person or party for whom the
work is being done and, in case of connections with the abutting properties,
the name and address of the abutting property owner.
5.
State the purpose for which the pipe, drain, culvert, sewer or pole
is to be used.
6.
Contain an agreement to replace the surface of the highway in the
manner provided for in this Part 4, to properly guard the opening
and to protect and indemnify the Township against loss or damage and
to comply in every respect with the provisions of this Part 4 and
with such rules and regulations as the Highway Committee may from
time to time adopt.
7.
If for laying a pipe, a drain, culvert or sewer or making connections
therewith, the application shall be accompanied by a plan or blueprint
showing the location in the highway of the proposed pipe, drain, culvert
or sewer and indicating the length and width of the proposed opening
and, in case of connections therewith, a plan or blueprint showing
the exact location of the proposed breaking or opening as measured
from the nearest intersecting highway or some other fixed point or
monument.
8.
If for erecting a pole or poles, the application shall indicate the
exact location of each pole.
9.
The application shall contain such other information and agreements
as may be required by the Highway Committee. No permit shall be issued
until the application shall be approved by the Highway Committee.
[Ord. 7, 3/5/1926, § 4; as amended by Ord. 9, 6/4/1926,
§ 2; and by Ord. 524, 12/31/1991]
The applicant shall pay to the Township Treasurer, before the
issuance of the permit, the sum as established from time to time by
resolution for every 500 feet or fraction thereof on an opening or
breaking for the purpose of laying a pipe, drain, culvert or sewer
or making connections therewith and a sum as established from time
to time by resolution for each pole to be erected.
[Ord. 7, 3/5/1926, § 8]
Permits shall be issued by the Secretary of the Board and shall
not be operative for more than 60 days from date of issuance.
[Ord. 7, 3/5/1926, § 9;
as amended by Ord. No. 2019-731, 4/9/2019]
1.
Not more than one break or opening shall be made at any one time
in pursuance of any such permit, which break or opening shall not
be more than 1,000 feet in length. Every such break or opening shall,
within six working days from the time of such breaking or opening,
be refilled by the parties making the same in the manner herein provided,
and each and every period of six days subsequent to the expiration
of the said six days during which the said opening or break shall
remain open or unrefilled as hereinafter required shall be considered
as a new and distinct offense and shall subject the offender to the
same penalty as hereinafter provided for the first offense.
2.
Where streets have been recently overlaid within the last five years
and/or the street is disturbed for more than 25 square feet and/or
50 lineal feet, restoration will include base repair, surface milling
and overlay according to Township specifications to the extent of
milling and overlaying the full cartway, which includes edge of paving
to the other side of edge of paving of the entire block, not to be
less than 100 feet in length. The Township specifications are those
specifications relayed by the Township to the entity performing the
restoration at the time of the restoration.
3.
Where streets have been recently constructed within the last five
years and/or the street is disturbed for more than 25 square feet,
restoration will include base repair, surface milling and overlay
according to Township specifications to the extent of milling and
overlaying the full cartway, which includes edge of paving to the
other side of edge of paving of the entire block, not to be less than
100 feet in length. The Township specifications are those specifications
relayed by the Township to the entity performing the restoration at
the time of the restoration.
4.
The Township shall routinely inform utilities of the Township's
capital improvement programs and of specific projects as they are
designed. Prior to the scheduled rehabilitative work, the utilities
are expected to perform any needed maintenance work on their below-street
facilities and to upgrade them for growth commensurate with the expected
life of the street improvement.
[Ord. 7, 3/5/1926, § 10; as amended by Ord. 9,
6/4/1926, 3]
All breaks or openings shall be refilled by the applicant for
the permit to the satisfaction of the Township Inspector. The excavated
material must be replaced in the opening made in proper condition;
all wet and soggy dirt, together with the surplus dirt, must be removed
from the highway; coarse, lumpy or clogged dirt must be broken up
before being returned to the trench or excavation. No puddling will
be permitted. All refilling must be done by thorough hard tamping
in uniform layers not exceeding six inches in depth, and whenever
and as often as shall be required by the Township authorities the
said trenches must be refilled and kept as nearly even with the surface
of the highway as possible, and be so kept and maintained for the
period of two years from the time of said opening. The surface of
brick concrete or improved roadways and sidewalks of whatever material
must be restored to their original condition with the same kind of
material as soon as possible after the trenches have been backfilled,
and so kept and maintained to the satisfaction of the Township Commissioners
for the period of two years after such replacement. All excavations
for poles or holes dug in the highways and sidewalks must be immediately
filled up with the same materials as those excavated, to the satisfaction
of the Township Commissioners.
[Ord. 7, 3/5/1926, § 11]
All openings in the highway shall be carefully guarded day and
night to prevent injury to the traveling public. And failure to keep
necessary guards and danger lights at night shall be a violation of
this Part 4.
[Ord. 7, 3/5/1926, § 12]
Before a permit shall be granted, the applicant shall file a
bond with the said Township in the sum of $2,000 with approved surety,
conditioned that he will comply with all the terms and conditions
of this Part 4.
[Ord. 242, 9/20/1960, § 2]
Where openings are made in the paved surface of a Township street
or in the surface of a paved street dedicated or intended to be dedicated
to the Township, such openings shall be restored as quickly as possible;
and in no event shall an opening remain unrestored for a period in
excess of six days from the date of opening. All such openings shall
be properly backfilled and tamped in layers not exceeding six inches
with mechanical tampers. All openings shall be capped with a seven-inch
slab of 3,000 p.s.i. air-entrained concrete which shall project a
minimum of eight inches beyond the edge of the excavation and must
bear on a shoulder of undisturbed soil. The top of the concrete slab
shall terminate one-inch below the finished road surface in order
to receive a macadam wearing surface. The finish of the concrete slab
shall be sacrificed in order to provide a rough surface and shall
be permitted to set up for at least three days, during which time
no traffic shall be permitted to pass over the same. After the expiration
of said three-day period, the scarified surface of said concrete slab
shall be coated with tar on which shall be laid a one-inch layer of
ID-2 wearing course of bituminous macadam. This wearing course shall
be properly finished and rolled into alignment with the adjacent road
surface. All road equipment used in connection with the work shall
have pneumatic tires, and proper pads shall be placed between the
street and the machine bracing mechanism to protect the street surface
against damage.
[Ord. 7, 3/5/1926, 13; as amended by Ord. 242, 9/20/1960,
§ 3; and by Ord. 524, 12/31/1991]
Any person, firm or corporation who shall violate any of the
provisions of this Part 4 shall forfeit and pay a fine of not more
than $600, the same to be collected by a proceeding before a District
Justice in West Norriton Township or recovered the same as debts of
like amount are now by law recoverable, and in default of the payment
of said fine and costs, shall be liable to imprisonment of not more
than 30 days in the Montgomery County Prison; and whenever said violator
shall be notified by a representative of the Township or by service
of summons, or prosecution, or in any other way, that such violation
has been committed, each day that the violator shall continue in such
violation shall constitute a separate offense, punishable by a like
fine or penalty.
