GENERAL REFERENCES
Excavation permit fees — See
Section 208.04(d).
Excavations in flood plain districts — See
Section 1240.08.
Topsoil removal — See Ch. 1474.
[Ord. 215. Passed 3-19-1985]
This chapter shall be known as and may be cited
as "the Excavation Ordinance."
[Ord. 215. Passed 3-19-1985]
The purposes of this chapter are to alert the
Township and affected residents of the location and time of excavation
work to be performed within the Township and to protect the health,
safety and welfare of such residents by requiring contractors to submit
detailed plans and specifications of any blasting, to notify nearby
residents of such blasting and to protect nearby property and structures
through pre-blasting inspections.
[Ord. 215. Passed 3-19-1985]
As used in this chapter, unless the context
indicates otherwise:
(a)
"Blasting" means the use of any explosives for purposes
of excavation.
(b)
"Contractor" means any person who undertakes or offers
to perform excavation work within the Township, whether as a general
contractor, subcontractor or specialty contractor and whether such
excavation work is that person's primary work or incidental to such
work.
(c)
"Emergency" means an unforeseen combination of circumstances
requiring repairs or maintenance to eliminate or reduce an imminent
threat to life, health, safety or property.
(d)
"Excavation" means all digging to a depth of two feet
or more, except digging in the construction of residences or swimming
pools where blasting is not required.
(e)
"Improved surface" means any surface used on a regular
basis for vehicular or pedestrian traffic, including roadways, sidewalks,
parking areas, driveways and shoulder areas, whether dedicated or
undedicated.
(f)
"Notice" means any notice required by this chapter
and given either by certified mail, return receipt requested, or by
personal delivery with a signed receipt of the person to whom such
personal delivery is made.
(g)
"Person" means any individual, partnership, limited
partnership, association, corporation, trust or other legally recognizable
entity.
(h)
"Property owner" means the record owner of property
within the Township and any tenant or occupant thereof.
(i)
"Rock" means boulders and pieces of concrete or masonry
exceeding one-third cubic yard in volume or solid ledge rock which
requires for its removal drilling and blasting, wedging, sledging
or breaking-up with power-operated tools.
(j)
"Township Manager" means the duly appointed Township
Manager or a designee appointed by the Manager or by the Board of
Supervisors.
[Ord. 215. Passed 3-19-1985]
No person shall act as a contractor in the Township
except in compliance with this chapter. No person, including a property
owner, shall willfully aid a contractor or participate with a contractor
in the violation of any of the provisions of this chapter. The provisions
of this chapter may not be waived by agreement.
[Ord. 215. Passed 3-19-1985]
(a)
Required. No person shall perform excavation work
within the Township without first obtaining a permit to do so from
the Township Manager, unless such excavation is performed in response
to an emergency.
(b)
Applications. A contractor shall apply for an excavation permit to the Township Manager by tendering payment of the application fee required by subsection (f) hereof and by complying with the following:
(1)
The contractor shall submit detailed plans and
specifications for all excavation work.
(2)
The contractor shall submit a bond or certificate
showing that the contractor is insured for underground blasting and
collapse with an insurance company licensed by the Commonwealth to
adequately compensate for any damage to Township property, public
improvements, private property or personal injury. The amount of such
bond or certificate shall be not less than five hundred thousand dollars
($500,000) to cover property damage and five hundred thousand dollars
($500,000) to cover personal injury damage. The contractor shall also
submit a certificate of Workers' Compensation insurance as mandated
by the Commonwealth. The Township Manager may increase the amount
of the bond or certificate if, in his or her judgment, it is necessary
to adequately protect the safety of persons or property. The bond
or certificate of insurance shall contain a provision that coverages
afforded under the policy will not be canceled until at least fifteen
days prior written notice of such cancellation has been given to the
Township.
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No such bond or certificate of insurance shall
be required, however, where either of the following is true:
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A.
The work is to be performed by a corporation
subject to the supervision of the Pennsylvania Public Utility Commission.
B.
The work is to be performed by the owner himself
or herself on his or her own property, does not involve the breaking
of an improved surface and is to be completed within three working
days.
(3)
If the use of explosives is anticipated, the
contractor must present a license for such use issued by the Commonwealth
when making application for a permit, and the contractor shall have
the license available on site for inspection at all times explosives
are used or handled.
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When explosives are needed, the contractor shall
fully disclose on the permit application the type and weight of any
explosive to be used. If, after the issuance of the permit, the type
or weight of an explosive is changed, the contractor shall inform
the Township Manager of such change.
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(c)
Application Review; Permit Issuance. The Manager or
his or her duly authorized representative shall review the application
to ensure compliance with this chapter. The Manager shall issue a
permit or inform the applicant in writing of the reasons for denial
thereof within five working days. Should the Manager refuse to issue
a permit, the applicant may appeal to the Board of Supervisors.
(d)
Revocation. Every permit issued under this chapter
is subject to the right, which is hereby expressly reserved, to revoke
the same should the contractor violate any of the provisions of this
chapter. The permit may be revoked only by the Board of Supervisors
after a hearing at a public meeting. The contractor shall be given
at least ten days notice of such hearing, and at such hearing may
call witnesses and present evidence in support of his or her position.
(e)
Duration. A permit shall be valid for ninety days
from the date of issuance and shall be valid only for the job indicated
in the plans and specifications submitted as part of the permit application.
(f)
Fee. Fees for excavation permits are as specified
in Section 208.04(d) of the Administration Code.
[Ord. 215. Passed 3-19-1985]
(a)
One week prior to the commencement of nonemergency
excavation work, the contractor shall provide notice to adjoining
property owners advising such owners of the construction to be accomplished
and where such construction will occur.
(b)
If explosives are to be used in the excavation, the
contractor shall provide notice to all property owners within 400
feet of the blasting at least one week prior to the commencement of
blasting. The notification shall include an offer to inspect, free
of charge to the property owner, all structures on the property for
structural integrity. The name, address and telephone number of the
contractor shall be listed on the notification. The notice shall include
a card to enable the property owner to notify the contractor of a
request for an inspection. All property owners requesting inspections
in writing at least forty-eight hours prior to any excavation work
shall have their property inspected within a reasonable time prior
to the commencement of the excavation. The contractor shall then inspect
all structures and existing physical features.
[Ord. 215. Passed 3-19-1985]
[Ord. 215. Passed 3-19-1985]
(a)
The contractor shall observe all Township ordinances
and State and Federal laws and regulations relating to excavation
and to the transportation, storage, handling and use of explosives.
(b)
All excavation, blasting or blasting operations must
be conducted during daylight hours except when authorized at other
times by the Township Manager. In this instance, only the Manager,
and not any designee or other person, may give such authorization.
(c)
A licensed blaster shall at all times have his or
her license on the work site and shall permit examination thereof.
(d)
Where blasting is permitted, explosives shall be kept
on the site only in such quantity as may be needed for the work underway
and only during such times as they are being used.
(e)
Explosives shall be stored in a secure manner, separate
from all tools and flammable substances.
(f)
Caps or detonators shall be safely stored at least
100 feet from the explosives.
(g)
When the need for explosives has ended, all such explosive
materials remaining at the job site shall be promptly removed from
the premises.
(h)
At the end of the work day, all spent blasting wires
shall be removed from blast holes and the surrounding work area.
(i)
Before any blasting is carried out, the contractor
shall submit to the Township Manager a report prepared by a professional
geologist or engineer licensed to practice in the Commonwealth and
containing specific recommendations for blasting. The report shall
include the amount of charge, firing times, ground velocities, accelerations
and displacements, effects on adjacent structures and a field monitoring
program. Should the report indicate potential damage to existing facilities,
the Township may disallow all blasting operations.
(j)
Each blast shall be designed (as to the number, size,
depth and spacing of holes, together with the amount of explosives
and stemming) to keep effects such as flyrock, vibrations and noise
levels to a minimum.
(k)
All operations involving explosives shall be conducted
by licensed personnel only, with all possible care taken to avoid
injury to persons and damage to property.
(l)
Blasting shall be done only with such quantities and
strengths of explosives and in such manner as will break the rock
approximately to the intended lines and grades and yet will leave
the rock which is not to be excavated in an unshattered condition.
(m)
Care shall be taken to avoid excessive cracking of
the rock upon or against which any structure will be built and to
prevent damage to existing pipes or other structures and property
above or below ground.
(n)
Rock shall be well covered with logs, blasting mats,
or both, where required.
(o)
Contractors shall give sufficient warning to all persons
in the vicinity of the work before a charge is exploded. Contractors
shall employ persons to stop or direct traffic as required.
(p)
All blasting effects shall be monitored in the field
by a professional engineer or geologist experienced in blasting procedures
and in monitoring such procedures. Such monitoring shall include,
but not be limited to, seismographic and air overpressure monitoring.
(q)
Rock and pipe trenches shall be excavated to limits
as shown on the plans and specifications submitted with the permit
application.
(r)
All blasting areas within 100 feet of detonation shall
be properly posted. At appropriate distances, the contractor shall
post signs warning all persons using the public highways against the
use of mobile radio transmitters.
(s)
No blasting shall be performed during the period of
any threatened electrical storm.
[Ord. 215. Passed 3-19-1985]
Nothing in this chapter shall be construed to
affect any suit or proceeding pending in any court, any right acquired
or liability incurred, any permit issued, or any cause of action existing
under the laws of the Township, nor shall any just or legal right,
remedy or restriction of any character be lost, impaired or affected
by this chapter.
[Ord. 215. Passed 3-19-1985]
Each excavation or blast in violation of this
chapter shall constitute a separate violation. The fine or penalty
imposed under Section 1420.99 shall be in addition to any other penalty
or remedy provided for in this chapter.
