Township of Moorestown, NJ Article II Street Openings

[Adopted 2-19-1979 by Ord. No. 965; amended in its entirety 5-13-2002 by Ord. No. 2001-02[1]]

[1] Editor's Note: This ordinance also renumbered former Article III, comprised of § 155-6 through § 155-16, and Article IV, comprised of § 155-17 through § 155-19, as § 155-9 through § 155-19 and § 155-20 through § 155-22, respectively.

§ 155-3 Permit required; application procedure.

A. Before any person or persons shall open any street or sidewalk within the limits of the Township of Moorestown for the purpose of laying any drain, water, gas, sewer or electrical line or connection, laying sidewalks, erecting poles or for any other purpose whatsoever, they shall first make application to the Director of Public Works of the Township of Moorestown for a street opening permit.

B. The opening of a street, except for any sidewalk area, under the jurisdiction of the County of Burlington or the State of New Jersey shall be exempt from the requirements of this chapter.

C. The permit application shall be made on a form as prepared by the Department of Public Works and, in addition to the items required on the form, the following shall also be indicated:

(1) The purpose for which the opening(s) is to be made.

(2) The length, the width and the depth of the opening(s).

(3) The length of time the opening(s) is to be kept open.

(4) The name, address and telephone number of the contractor, if such employed.

§ 155-4 Properties within or abutting streetscape project areas.

Permits for openings on properties within or abutting streetscape project areas, as defined in Chapter 158:

A. For properties within streetscape project areas constructed or planned for construction, an applicant for a street or sidewalk opening permit shall also submit a detailed drawing showing the areas to be disturbed and provide a detailed plan for the restoration of the areas with material specifications indicated.

B. The restoration plan shall be reviewed and approved by the Director of Public Works if the plan is consistent with the streetscape project design either constructed or planned for construction.

C. The applicant may use a plan that has been prepared by the Township of Moorestown as part of a streetscape project for the area to be disturbed. If a specific plan has not been prepared by the Township of Moorestown as part of a streetscape project, the applicant may prepare a plan, or request that the Township Engineer prepare a plan for the area to be disturbed.

§ 155-5 Permit issuance.

A. The Director of Public Works may issue a permit provided that the following items are fulfilled:

(1) Said application is in the proper form.

(2) The work to be done will not be harmful to the public health, safety and welfare.

(3) The applicant or contractor has no outstanding bills with the Township related to prior street or sidewalk opening permits.

B. The opening permit shall be issued with the condition that the applicant shall restore the street in as good condition as the same was before the issuing of said permit or make sidewalks conform to lines, grades and materials as required by Township ordinances, or locate poles to suit the Director of Public Works and abutting property owners.

C. In streetscape project areas, the opening permit shall be issued with the further condition the applicant restore the street or sidewalk in accordance with the approved restoration plan.

D. If the work has not been completed to the satisfaction of the Director of Public Works, the Township may restore said street or sidewalk to its proper condition, and the applicant shall pay to the Township the cost of said restoration as billed by the Township.

E. In the event of the Director of Public Works having any doubt as to the propriety of granting said permit, he shall refer the same to the Township Council of the Township of Moorestown.

§ 155-6 Permit prohibitions; waiver.

A. No permit shall be issued to open a street during a period of five years after an overlay project of said street.

B. No permit shall be issued to open a street during a period of seven years after a reconstruction project of said street.

C. Prohibitions in Subsections A and B above shall not apply for permits for sidewalk openings, except within streetscape project areas, wherein no permit shall be issued during a period of seven years after the installation of the sidewalk.

D. The Township Manager may waive the above prohibitions in emergency conditions or for public health, safety and welfare reasons.

§ 155-7 Fees.

A. Applicants, except those opening a sidewalk only, shall pay a fee of $25.

B. All applicants for opening permits in streetscape project areas shall also submit the following:

(1) A performance guarantee, in a form to be approved by the Township Attorney, for the cost of the restoration as estimated by the Township Engineer.

(2) Inspection fees in the form of cash as estimated by the Township Engineer.

C. In the event that the applicant requests the Township Engineer to prepare a restoration plan, the applicant shall pay an additional fee of $250.

§ 155-8 (Reserved) [1]

[1] Editor's Note: Former § 155-8, Violations and penalties, was repealed 3-20-2006 by Ord. No. 5-2006. See now Ch. 66, Penalties for Code Violations.