This article shall be known as the “Street
Excavation and Driveway Ordinance.”
The following words, when used in this article,
shall have the meanings as ascribed to them in this section, except
in those instances where the context clearly indicates otherwise:
ACCESS
Any means for passage of vehicles between property abutting
on a street and the street.
PERSON
Includes any natural person, partnership, firm, association
or corporation.
STREET
Any public street, avenue, road, square, alley, highway,
or other public place located in East Allen Township and established
for the use of vehicles.
TOWNSHIP
East Allen Township, Northampton County, Pennsylvania.
TOWNSHIP OFFICIAL
Such person designated by the Township Board of Supervisors
to determine standards as set forth in this article.
VEHICLE
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street.
Any person desiring to open or to make any excavation
of any kind in any of the streets in the Township, or any person desiring
to construct, install or erect any driveway or means of entrance to
any street of the Township as a means of access from any private property,
or to install, erect or construct any culvert or bridge, shall do
so only in accordance with the provisions of this article and after
securing a permit therefor.
[Amended 4-17-1997 by Ord. No. 97-3]
Any person who shall open or excavate any improved
street in the Township shall comply with the following requirements:
A. Any trench excavations should be undertaken at right
angles to the center line of the asphalt surface.
B. The contractor must obtain “underground utility”
clearance from all underground utility operators.
C. Traffic maintenance and protection signage and traffic
control should be undertaken in accordance with PennDOT specifications
for “short term” activities.
D. The proper pavement restoration, security, and bonding
should be in place with the Township and in accordance with Township
ordinances.
E. Cutting the pavement should be done with a saw.
F. All excavation backfill material should be 2A modified
stone (or equal) in layers in accordance with PennDOT procedures.
G. Temporary restoration shall be with two inches of
ID-2A wearing course material, tamped, and rolled in place to be flush
with finished paving. Such temporary restoration to be left in place
a minimum of 90 days.
H. Temporary restoration shall be maintained in good
and passable condition for full term of the maintenance period and
until permanent restoration is made.
I. Permanent restoration shall be undertaken as follows:
(1) Temporary paving and stone shall be removed to a depth
of 5 1/2 inches to the fill width of the original cut trench.
(2) BCBC shall be installed to the fill width of the trench
for a thickness of a minimum of four inches.
(3) The existing wearing course material adjacent to the
trench shall be milled back for a distance of two feet on each side
of the cut trench for a depth of 1 1/2 inches. ID-2 wearing material
can then be installed for the trench width plus the milled width on
each side of the trench to a depth of 1 1/2 inches. This material
shall be ID-2 wearing course material placed in accordance with Section
120 of Publication 408 (PennDOT). This wearing course shall be paved
smooth with adjacent asphalt surfaces.
(4) Paving to paving joints and paving to curb joints
shall be sealed with proper joint sealer material and sanded.
(5) All final paving restoration shall be done only after
notice (24 hours) to the Township so that the Township or representative
can provide inspection of BCBC paving and ID-2 wearing course paving.
J. As an alternate, the permanent restoration may be
undertaken as follows:
[Added 5-16-2003 by Ord. No. 2003-2]
(1) Temporary paving and stone and existing paving and
base material shall be cut back for a distance of one foot on each
side of the trench. This material shall be removed to a depth of 5 1/2
inches for the full width of the cut. This cutting shall be done by
way of a saw to provide for a smooth vertical edge.
(2) BCBC shall be installed to the full width of the cut
for a minimum compacted thickness of four inches (leaving sufficient
space for 1 1/2 inches of ID-2 wearing course material). This
BCBC material shall be provided and placed in accordance with Section
305 of PennDOT Publication 408.
(3) ID-2 wearing course material shall be placed across
the trench area to the limit of the cut as described above for a minimum
compacted thickness of 1 1/2 inches. This ID-2 material shall
be provided and placed in accordance with Section 420 of PennDOT Publication
408. This wearing course shall be paved smooth with adjacent asphalt
surfaces.
(4) Paving to paving joints and paving to curb joints
shall be sealed with proper joint sealer material and sanded.
(5) All final paving restoration shall be done only after
notice (24 hours) to the Township so that the Township or representative
can provide inspection of BCBC paving and ID-2 wearing course paving.
All driveways, adjacent areas between such driveways
including channelization, paving, drainage, and area within Township
right-of-way, installed by the permittee shall be maintained by the
property owner in such a manner as not to interfere or be inconsistent
with the design, maintenance and drainage of the Township street,
or the safe and convenient passage of traffic upon the Township street.
The term “adjacent area” shall apply only to that area
within the permittee’s property or property line extended.
Before any permit shall be issued under this
article, the applicant shall pay to the Township a permit fee in the
amount to be determined by resolution of the Board of Supervisors
from time to time, to cover the cost of inspection and other administrative
services in connection therewith.
All work in connection with openings, or entrances
in any street, including, but not limited to, excavation, protection,
refilling and temporary paving, shall be done by the applicant at
his expense.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.