[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Editor's Note: This ordinance also repealed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:
Includes any natural person, partnership, firm, association
or corporation.
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:
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.
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:
(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.
