[HISTORY: Adopted by the Board of Supervisors
of Falls Township 7-5-1973. Amendments noted where applicable]
The owner, tenant or person occupying any land
in Falls Township, Bucks County, Pennsylvania, which is located in
any area zoned residential or farming-mining on the Township Zoning
Map[1] and upon which there is excavated, contained or maintained
any quarry or other excavation containing water in excess of five
feet in depth at any point which is located adjacent to or within
500 feet of any other property line, school, church, road, street,
highway, park, playground or private or public dwelling, shall place,
install and maintain a protective fence at least six feet in height,
of a kind and quality which shall resist the elements for at least
25 years, around such quarry or excavation, for a distance of 1,000
feet from the nearest residence. The fence shall be of such strength
and construction as to withstand the weight or force of any person
from walking beyond, under, between or through the fence and such
as will prevent and protect any person from accidentally falling into
the excavation. No apertures in such fencing shall be greater than
six inches, except gates for entrance and exit, which shall be kept
closed and securely locked at all times when unattended.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Township Secretary.
The owner, tenant or person occupying any such land upon which there is such a quarry or other excavation as set forth in § 125-1 shall likewise place, install and maintain conspicuous notices, warning of the dangerous condition of the aforesaid premises, on said fence at intervals of 200 feet.
The location of such fence shall be within 10
feet of the right-of-way line of all public roads abutting the properties
or within 10 feet of the boundary line of all abutting properties.
A.
Any person, owner, tenant or occupier may, in lieu of erecting a fence as hereinbefore required, remove the hazardous condition by forthwith draining the water from the quarry or excavation as aforesaid, or, within 90 days, by filling in such quarry or excavation, or by so grading the excavation as to meet the slope requirements of § 125-5 next; provided, however, that he may not drain and/or fill in only a portion of such quarry or other excavation in order to have the undrained or unfilled-in remainder of such quarry or other excavation more than 500 feet from any other property line, school, church, road, street, highway, park, playground or dwelling, but in all such cases the entire quarry or other excavation must be so drained and/or filled in.
B.
In the event that any owner, tenant or occupant of
premises affected by this chapter shall require additional time to
fulfill whichever of the above requirements he has elected, he shall
so notify the Secretary of the Board of Supervisors of Falls Township
and such additional period shall be given as may in the discretion
of the Board of Supervisors seem just and equitable. The failure or
neglect of such owner, tenant or occupant of such premises to drain
and/or fill in such quarry or other excavation or to properly grade
same (whichever option be has elected) within such additional period
as allotted to him by the aforesaid Board of Supervisors shall require
the fencing and notices as hereinbefore set forth without any additional
notice whatsoever; the failure of such owner, tenant or occupant of
the premises to advise the said Board of Supervisors of a need for
additional time as aforesaid shall operate as a waiver of any request
for such additional time to drain or fill in or grade the aforesaid
quarry or other excavation and shall further operate to require the
fencing and notices as hereinbefore set forth.
Any person hereinafter digging or excavating
any quarry or other excavation upon any premises in Falls Township
shall so dig the same that the banks of such excavation shall have
a slope which shall be one foot vertical to 1 1/2 feet horizontal
from the surrounding surface of adjacent land to the bottom of the
aforesaid excavation, continuing below the water line should it be
such an excavation as to have water accumulated therein; provided,
however, that in any case where any such digging or excavation is
done or used in connection with any manufacturing operation on the
same premises and such quarry or other excavation is completely enclosed
by a fence and gate or gates, whether such fencing is around the perimeter
of said excavation or encloses a larger tract of land, and such land
containing such excavation is under the continuous supervision of
a watchman or watchmen or a guard or guards, then and under these
circumstances this requirement as to slope is waived.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates
or permits a violation of this chapter shall be guilty of a summary
violation and, upon conviction, shall be sentenced to pay a fine of
not more than $1,000, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter.
Each day a violation exists shall constitute a separate offense. In
default of the payment of any fine, the defendant shall be sentenced
to imprisonment to the extent allowed by law for the punishment of
summary offenses. Further, the appropriate officers or agents of the
Township are hereby authorized to file a citation for such summary
violation and seek any other available relief at law or equity, including
injunction to enforce compliance with this chapter.
In addition to the above, the Board of Supervisors
of Falls Township shall have the additional right to institute appropriate
proceedings in any court of record against any owner, tenant or occupant
of any land in Falls Township on which there is now located or on
which there is presently being excavated any quarry or other excavation,
seeking injunctive or other equitable relief in the event of any violation
of the terms of this chapter.
