A.
It shall be unlawful for any person to cut, break into, excavate
or open any street (improved or unimproved) of the Township without
first securing a permit from the Township Clerk as required herein.
B.
A street-opening permit is required when any of the following occur:
(1)
Excavation, including the digging, displacing, undermining, opening,
boring, tunneling, auguring, or in any manner breaking up any street,
sidewalk, curb, or area within the Township right-of-way.
(2)
Excavation in/or under the surface of any street, installation of
any street improvements, construction, removal or alteration of any
improvements which are located within the right-of-way or public access
(sidewalk).
(3)
The placement or deposition within the right-of-way of mulch, stone,
brick, block, dense graded aggregate or excavated material which obstructs
the intended flow of stormwater or public access (sidewalk).
(4)
Any other action which interferes or disturbs the surface of the
streets or improvements within the Township right-of-way.
No person to whom a permit has been granted shall perform any
work in any amount or quantity greater than that specified in the
permit, except that, upon the written approval of the Township Engineer
and/ or Township Superintendent of Public Works, additional work may
be done under the provisions of the permit in any amount not greater
than 10% of the amount specified in the permit. Any deposit submitted
in connection with the original permit shall be deemed to cover any
such additional work as may be approved pursuant to this section within
the limit mentioned herein.
A.
Work for which a permit has been issued shall commence within 45
days after the issuance of the permit thereof. If not so commenced,
the permit shall be automatically terminated. Permits thus terminated
may be renewed upon the payment of an additional permit fee as originally
required.
A.
A minimum of 24 hours' written notice to the Township Engineer and Township Superintendent of Public Works shall be given prior to the commencement of work except in cases of emergency as provided in Article VIII.
B.
Five days' written notice is required for openings which require
traffic detours.
No openings shall be done on weekends, Township holidays, or outside the normal working hours of 7:00 a.m. to 3:30 p.m. without the written permission of the Township Engineer and/or Township Superintendent of Public Works unless in case of emergency. Failure to provide notice as required under § 18-5 may result in revocation of the permit and issuance of a stop-work order. If special conditions require work on the weekend, night, or Township holidays, the permittee shall obtain written approval of the Township Engineer and/or Township Superintendent of Public Works for all overtime costs incurred for inspection of work.
With the exception of an emergency, no permits will be issued
for road openings between December 15 and March 15 or where conditions
exist due to severe weather, freeze, frost, etc., without written
permission from the Township Engineer and/or Township Superintendent
of Public Works.
Permits are not transferable from one person to another and
the work shall not be made in any place other than the location specifically
designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the Clerk a request for an extension
of time, setting forth therein the reasons for the requested extension.
If such an extension is necessary, and not contrary to the public
interest, the permittee may be granted additional time by the Township
Clerk in writing for the completion of the work upon recommendation
of such extension by the Township Engineer.
The provisions of this chapter shall not be applicable in those
instances where the highway is maintained by the State of New Jersey
or by the County of Burlington, except in such cases where the Township
may have special arrangements with the state or county.
A.
Any permit may be revoked by the Township Committee, after notice
to the permittee, for:
(1)
Violation of any condition of the permit or of any provision of this
chapter.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
B.
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the grounds relied upon for revoking
the permit. Notice may be given either by personal delivery thereof
to the permittee or by certified or registered United States mail
addressed to the permittee.
C.
A permittee may be granted a period of 48 hours from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked, provided written notification of the violation correction
has been submitted to the Township by the permittee.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Township shall cause such work to be done
as may be necessary to restore the street or part thereof to as good
a condition as before the opening was made. All expenses incurred
therein by the Township shall be recovered from the deposit the permittee
has deposited with the Township.