[Adopted 9-14-2010 by Ord. No. 1509[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
Excavations, adopted 4-10-1951, as amended.
No portion of any public street, road, sidewalk or area within
a right-of-way under the jurisdiction of Springfield Township shall
be opened or excavated by any person or persons, firm, association
or corporation for any purpose, without first obtaining from the Township
of Springfield a permit therefor before such work is begun.
A.
Permits are not transferable; exception to requirements. Permits
are not transferable from one person to another. The work shall not
be performed in any place other than the location specifically designated
in the permit. If additional work is required other than listed in
the original permit or work in a different location is necessary,
a new permit is required. All openings or excavations required by
the Township of Springfield for utilities owned and/or operated by
the Township of Springfield shall be made and restored under the direction
and supervision of the Township Engineer, and the permit fee and bond
requirements of this article shall not be applicable to the same,
unless required by the Township Engineer.
B.
Revocation of permit. Any permit may be revoked by the Township Engineer
immediately after verbal or written notice to the permit holder that
there is a violation of any condition of the permit or provision of
this article, if said permit holder does not remedy the situation.
Such notice shall be served on the permit holder by registered mail
or certified mail, return receipt requested, or personal service.
Before such permit is issued and said work begun, a completed
permit application form is to be provided to the Township of Springfield,
setting forth the purpose, location and scope of work for which said
street, road, sidewalk or right-of-way area within the jurisdiction
of the Township is to be opened or excavated. The applicant shall
agree to assume all liability for all or any damage accruing to the
public or to the Township that may or might result from the opening
or excavation of said street, road, sidewalk or right-of-way area
within the jurisdiction of the Township.
The said application must be signed by the owner of the property
for whom such work is to be done, or by any person, firm, association
or corporation who shall have filed with the Township. If, in the
Township's discretion, it shall be required that a bond in an amount,
under such conditions and with such surety as shall be approved by
the Solicitor of the Board of Commissioners, to save harmless the
Township of Springfield from any and all damages accruing by reason
of the work for which permits may be issued shall be required.
A.
PA One Call. At least three working days prior to the proposed start
of work, the applicant or its representative shall contact the PA
One Call system to report the proposed work, obtain a serial number,
and provide such serial number to the Township. No work shall begin
until such date as authorized by PA One Call.
B.
Maintenance of traffic. At least one lane of traffic shall be maintained
at all times. The permittee shall comply with the provisions of PennDOT
Publication 203, Work Zone Traffic Control, as amended.
C.
All openings or excavations made or obstructions created under such
permits must be properly marked, from sunset to sunrise, by flashing
warning devices so placed as to indicate from the street, road, sidewalk
or right-of-way area within the jurisdiction of the Township in both
directions the exact location and limits of said work and obstructions,
and at all times must be properly guarded and the portion excavated
must be restored within two working days of the date of excavation
unless a written permit is obtained from the Secretary of the Board
of Commissioners extending the time.
D.
All openings or excavations made within or adjacent to the street,
road or right-of-way area within the jurisdiction of the Township
shall not be left unattended at any time unless the opening or excavation
is securely plated or backfilled to prevent injury or damage to motor
vehicles or pedestrians. Openings or excavations for sidewalks are
not required to be plated, unless directed by the Township Engineer.
E.
Detours. In no case shall a permit area of any part thereof be closed
to traffic without the written consent of the Township Engineer or
Public Works Committee. In the event of a necessary road closure,
the applicant shall submit a detour plan to the Township for approval.
Written notice to the Township is required a minimum of 72 hours prior
to road closure. No road shall be closed without proper detour signs,
as approved by the Township, having been installed by the applicant.
All detour signs shall be maintained for the entire work period.
F.
Tunneling shall be prohibited.
No permit granted under this ordinance shall be valid unless
the operation specified therein shall commence within a period of
30 days from the date of its issuance, but a renewal thereof may be
granted by payment of a fee in accordance with the fee schedule established
by the Board of Commissioners[1] and by filing a new application, together with a statement
in writing that the work has not commenced or has been discontinued
for any reason, including notice of revocation.
A.
All utility facilities shall be exposed sufficiently or a definite
location shall be determined ahead of trench excavation work to avoid
damage to those facilities and to permit their relocation, if necessary.
B.
Public or private pipe drains, pipe culverts or other facilities
encountered shall be protected by the permittee.
C.
When work performed by the permittee interferes with the established
drainage system of any street, road, sidewalk or right-of-way area
within the jurisdiction of the Township, provision shall be made by
the permittee to provide proper drainage at all times during construction.
D.
When any earth, gravel or other excavated material is caused to flow,
roll, or wash upon any street, road, sidewalk or right-of-way area
within the jurisdiction of the Township, the permittee shall cause
removal of same within two hours after deposit to permit safe flow
of traffic, pedestrians and stormwater. In the event that the earth,
gravel or other material excavated or deposited is not removed within
a maximum of eight hours, the Township Engineer shall cause such removal
and the cost incurred shall be paid by the permittee or deducted from
its bond.
F.
In granting any permit, the Township Engineer may attach such other
conditions thereto as may be reasonably necessary to prevent damage
to public or private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance. Such conditions may include, but shall
not be limited to, limitations on the period of the year in which
the work may be performed; restrictions as to the size and type of
equipment; designation of routes upon which materials may be transported;
the place and manner of disposal of excavated materials; requirements
as to the laying of dust or its diffusion, erosion and sediment control,
the cleaning of streets, the prevention of noise or vibration transmission
and other results offensive or injurious to the neighborhood, the
general public or any portion thereof; and regulations as to the use
of streets in the course of the work.
G.
Sidewalks and curbs shall be replaced and restored to their former
condition by the permit applicant making the excavations or by the
permitee. If required by the Township Engineer, changes in sidewalk
and/or curb elevations or other conditions shall be undertaken by
the applicant or by the permittee at no cost to the Township.
H.
Backfilling excavations. All work commenced in pursuance of said
permit shall be prosecuted uninterruptedly to the completion thereof,
and said openings or excavations shall be backfilled promptly with
PennDOT 2A modified stone thoroughly compacted in layers, each of
which shall not exceed eight inches in depth, and tamped to a minimum
of 95% of the material's maximum dry density, within Township roads
or rights-of-way. Notice shall be given to the Township Engineer prior
to backfilling. Excavated material shall not be used for backfill.
I.
When four or more openings, or one continuous opening, have been
made within 100 linear feet of pavement, the permittee shall mill
and overlay the traffic lane(s) in which the opening was made, for
the entire length of highway between the ends of the furthest openings,
made in a manner authorized by the Township Engineer.
A.
Immediately upon completion of backfilling, two (2) inches of ID-2
hot mix asphalt or approved equal material shall be placed over the
stone backfill and flush with the existing roadway surface.
B.
If the permittee fails to install such temporary paving upon completion
of the improvement, the township may perform the work and charge the
cost thereof to the permittee or owner of the property.
C.
The permittee must maintain the trench against settlement until permanent
paving is installed.
Permanent paving shall be constructed by the permittee within
60 days after the installation of the temporary paving. Permanent
paving shall consist of six inches of Superpave hot mix asphalt (HMA)
base course, a two-inch Superpave HMA binder course and a one-and-one
half-inch Superpave HMA wearing course, in accordance with the most
recent Pennsylvania Department of Transportation Publication 408 standards.
Edges of the excavation shall be saw-cut for the full depth of existing
pavement with a twelve-inch pavement cutback provided on all sides
of the excavation. Edges shall be hot sealed with application of bituminous
material (BM-1) sealer after placement of the paving. If, within one
year after the construction of the permanent paving, defects shall
appear therein resulting from defective paving material or inadequate
backfilling by the permittee, the permittee shall reimburse the township
for the cost of necessary repairs.
Whenever the exigencies of public health or safety require that
instant repairs be made and the procurement of a permit prior to the
commencement of the work is impracticable, it shall be lawful for
said work to commence without the permit, provided that an application
for said permit be filed and the proper fee paid and a bond, if required,
within 48 hours from the time when the emergency arose, which application
shall set forth the nature of the emergency aforesaid, and provided
further that any person or persons, firm, association or corporation
beginning said work under the provisions of this section shall do
so subject to the conditions and obligations imposed by this ordinance
upon persons, firms, associations and corporations, opening or excavating
streets, roads, sidewalks or right-of-way areas within the jurisdiction
of the Township as though an application for a permit had been filed.
A.
In the event that the Township shall give timely notice of any street
within the Township about to be paved or improved to all public utility
companies operating in the Township, then all such 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 days from the giving of such notice, unless such time is extended,
in writing, for cause shown, by the Township. Should any utility company
fail or refuse to make any connections or repairs required to be made
hereunder, the Township shall have the right to perform such work
and to assess the costs for such work against the utility company.
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 Township. 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 Township Board of
Commissioners, and a permit for such opening shall only be issued
after express approval of the Board.
Any person or persons, firm, association or corporation violating any of the provisions of this ordinance shall be subject to a fine in accordance with Chapter 1, Article II, General Penalty, for each and every offense. A new and separate offense shall be deemed to have been committed for each day that said violation shall exist.
No permit fee paid under this article shall be considered to
be in lieu of any annual license fees now required to be paid or which
may at any time be required to be paid by ordinance or resolution
of Springfield Township.
Should any section or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity as a whole or any part hereof.
Any ordinance or part of an ordinance, to the extent that it
is inconsistent herewith, is hereby repealed.
