Township of Lower Saucon, PA Article I Openings and Excavations

[Adopted 1-19-1967 by Ord. No. 67-1]

§ 140-1 Permit required.

From and after the passage of this article, it shall be unlawful for any person, firm, association, copartnership or corporation to make any opening, excavation or occupancy in or under any street, alley or other thoroughfare within the limits of the Township of Lower Saucon unless or until a permit is therefor secured from the Township Secretary for each separate undertaking, said permit and the application therefor to be on forms furnished by the Township.

§ 140-2 Permit fees.

At the time of making application for the permit for any such opening, excavation or occupancy, the applicant shall pay the Township Secretary, for the use of the Township, permit fees as set from time to time by resolution or ordinance, as may be required by law.[1]

[1] Editor's Note: The current Fee Schedule is available at the Town Hall.

§ 140-3 Submission of plan.

Said person, firm, association, copartnership or corporation, at the time of filing its application, shall submit a plan, drawn to scale, showing the location and dimensions of the proposed openings, to the Township Secretary, who is hereby authorized and directed for and on behalf of said Township to approve or disapprove, as to location, which approval or disapproval shall be endorsed hereon. In case said authorities disapprove of any plan or plans as to location of said openings, excavation or occupancy, they shall designate thereon some other location suitable for the purpose of said person, firm, association, copartnership or corporation. In case, however, of any emergency repair work, any person, firm, association, copartnership or corporation may immediately open any streets, alleys or other thoroughfares for such repair work only and shall submit a plan as soon thereafter as possible to the Township Secretary as herein provided.

§ 140-4 Backfilling.

A. Machine-placed backfill.

[Amended 5-11-1967 by Ord. No. 67-3]

(1) From a height of one foot above the top of the pipe, machine-filling and water-jetting may be undertaken. Backfill material for this part of the trench will generally be considered acceptable by the Engineer or duly authorized Township representative, provided that it does not contain more than 20%, by volume, small stones not larger than six inches in their greatest dimension and also provided that such stones are well distributed throughout the total mass.

(2) To effect the maximum degree of compaction of the machine-placed backfill while at the same time maintaining an efficient and acceptable method of operation, the contractor shall employ a procedure of water-jetting the trench after completing the backfilling with acceptable material. Under this procedure the trench shall be almost completely filled, and then the contractor shall insert a water jet vertically into the trench at intervals along the trench of approximately three feet or as may be otherwise required. During each insertion, the jet shall be moved up and down and rotated to effect satisfactory settlement. The jetting apparatus shall be approved by the Engineer or duly authorized Township representative and shall consist of one-inch diameter delivery and jetting pipes and a quick-opening valve and shall deliver water at approximately 25 pounds per square inch pressure. In no case shall the nozzle of the jet be extended nearer than 24 inches to the top of the pipe. The jetting procedure, together with supplemental filling and tamping during the first 24 hours, shall result in a compacted top of fill not less than eight inches below the existing street or right-of-way elevation.

(3) The aforementioned procedure may be overruled and supplanted by detailed requirements and instructions from particular governing bodies, such as the Department of Highways and private rights-of-way owners in the event that the Engineer or duly authorized Township representative determines this to be for the good of the project.

(4) In case more materials are created from any trench excavation than can be backfilled over the completed pipe or stored in the street in an approved manner, the excess material shall be removed by the contractor to some acceptable and convenient place provided by the contractor or disposed of as directed by the Engineer or duly authorized Township representative. The contractor shall, at his own cost and expense, bring back as much of the material so removed as may be required to properly refill the trench, if of the proper kind, or if so directed by the Engineer or duly authorized Township representative, he shall, at his own expense, furnish such other suitable material as may be necessary for completion.

B. Backfilling around structures.

(1) The ground around manholes, inlets and other structures shall be brought to the grades shown on the plans or as otherwise directed by the Engineer or duly authorized Township representative to fulfill site requirements. Generally, backfilling around manholes, inlets and valve enclosures shall be made in accordance with the specifications for backfilling trenches, except that pipe leaving and entering the manhole, inlet, etc., shall be cradled in concrete as specified herein and as directed by the Engineer or duly authorized Township representative. After the pipe entering and leaving the appurtenant structure has been cradled in concrete and has been backfilled to a height of 12 inches above the top-of-pipe (outside barrel), then the balance of backfill may be placed in layers not deeper than three feet, each to be compacted by an approved means, to six inches below the required finished elevation.

(2) Sufficient grading shall be done by the contractor during the progress of the work so that no water is allowed at any time to flow towards the manholes or structures or to accumulate in large puddles beside these units.

(3) The construction of the manholes and enclosures, the backfilling in an approved manner, the surfacing of the excavation and the cleanup of the area surrounding all manholes and other structures shall at all times be completed at each particular work location up to a point not further than 600 linear feet behind the point of initial excavation for the work as it is progressing. The contractor shall obtain specific authorization from the Engineer or duly authorized Township representative before proceeding with any work beyond this limit. In the event that work is stopped or delayed for more than three days at a manhole, whether completed or ready for construction, the Engineer or duly authorized Township representative may, upon 24 hours' notice to the contractor, order the backfilling and surfacing and/or completion of the man hold, etc., at the contractor's expense.

C. Rights-of-way cleanup.

(1) Whenever the trenches of other excavations have not been properly backfilled or if settlement occurs, they shall be refilled, compacted, smoothed off, surfaced and finally made to conform to the surface of the ground. Trenches in streets, highways, sidewalks, alleys, etc., shall be refilled with crushed stone graded as specified elsewhere herein. Trenches in farm fields and in other areas approved by the Engineer or duly authorized Township representative without crushed stone surfacing shall be mounded with clean topsoil to a minimum height of 12 inches. As the work is completed, the contractor shall remove and dispose of all surplus earth, stone, vegetation or other material from the work in such manner and at such point or points as he may select or provide, subject to the approval of the Engineer or duly authorized Township representative, or the contractor shall deposit the same, either with or without rehandling, at a point or points on the line of the work covered by the contract, if so directed by the Engineer or duly authorized Township representative, and the contractor shall leave all roads, streets, sidewalks and other places free, clear and in good order.

(2) Should the contractor fail or neglect to keep the sites of his operations clean or to make satisfactory progress in doing so within 24 hours' after receiving notice from the Engineer or duly authorized Township representative, the owner may remove such surplus material and clear the roadways, sidewalks and other places, and the costs of said work shall be charged to the contractor and deducted from any money due or to become due him under the contract.

D. Backfilling over pipe.

(1) After pipelines have been laid, tested and inspected, the excavating shall be backfilled by the contractor with the best carefully selected materials free from stones, large pebbles, hard lumps or frozen earth.

(2) The backfill shall be placed in horizontal layers not exceeding six inches in thickness, with each layer thoroughly consolidated and compressed with pneumatic rammers. The backfill shall be thoroughly tamped and rammed underneath and around the pipe and fittings. No backfilling shall be done until all undermined earth or pavement shall have been broken down and the sides of the excavation made vertical or inclined outward.

(3) The filling under, around and for a height of at least one foot over all lines shall be of selected excavated material free from stones, pebbles, etc., and with each layer thoroughly compacted as specified above.

§ 140-5 Time and size restrictions.

No person, firm, association, copartnership or corporation shall open any street, alley or other thoroughfare in said Township for new work between the 15th day of November and the 15th day of March next following in any year, except in case of emergency, and shall make no larger excavation than is necessary to enable them to perform their work with proper economy and efficiency.

§ 140-6 Restoration of surface.

Said Township will then replace the surface of the street, alley or other thoroughfare over said opening; provided, however, that if actual openings are greater than those indicated on the plan filed for this work, said person, firm, association, copartnership or corporation will be required to make an additional payment to the Township to cover the differential between estimated quantities and actual quantities.

§ 140-7 Barricades and safety devices; indemnification of Township.

Said person, firm, association, copartnership or corporation shall at all times provide for the safety of the public by guardrails and barricades, where necessary, and by the use of danger signs in the daytime and warning lights at night and shall at all times fully indemnify, protect and save harmless said Township from and against all actions, claims, suits, damages and charges and against all loss and necessary expenditures arising from said opening or excavation or from its neglect or failure to do said work in a good and safe manner.

§ 140-8 Violations and penalties.

[Amended 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]

Any person who fails to voluntarily pay within 10 days to the Township the penalty imposed for violation of this article shall be subject to a civil enforcement proceeding. Any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.