[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Editor's Note: This ordinance also repealed former Art.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.
C. 
Permit fees. Permit fees shall be in accordance with the fee schedule established by the Board of Commissioners.[1]
[1]
Editor's Note: See Ch. 40, Fee Schedule.
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.
[1]
Editor's Note: See Ch. 40, Fee Schedule.
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.
E. 
Access.
(1) 
Access to private and public driveways shall be provided, except during working hours when construction operations prohibit provision of such access.
(2) 
Free access must be provided at all times to fire hydrants.
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.