[Adopted 5-20-1974 (Ch.
87, Art. IV of 1974 Code); amended in its entirety 9-21-1981 by Ord. No. 81-21]
As used in this article, the following terms shall have the
meanings indicated:
The Director of Public Works of the Township of Vernon.
The Township Engineer of the Township of Vernon.
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Township as a public
street, as well as any state or county road or highway over which
the Township has acquired jurisdiction by agreement.
A.
No person shall make an excavation in, tunnel under, or disturb the
surface of any street in the Township of Vernon without first obtaining
a permit from the Township Engineer as hereinafter provided.
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for a permit is made simultaneously
with the commencement of the work or as soon thereafter as it is practical.
When issued, the permit shall be retroactive to the date on which
work has begun.
C.
The Engineer may issue permits to other public bodies without fee.
The Engineer is authorized to refuse the issuance of any permit
if such refusal is in the interest of public safety, public convenience
or public health. In the event that any permit is refused by the Engineer,
any aggrieved may appeal initially to the Director of Public Works.
Any party aggrieved by the decision of the Director of Public Works
may appeal to the Mayor and Township Council. The Mayor and Township
Council, after hearing all the concerned parties and other evidence
as may be produced, may either direct the issuance of such permit
or sustain the refusal of the Engineer.
Application for a permit shall be made on the form prescribed
by the Township to the Engineer and shall contain the following information:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C.
The Township tax map block and lot number of the property for the
benefit of which the opening is to be made, if applicable.
D.
Nature of the surface in which the opening is to be made.
E.
Character and purpose of the work proposed.
F.
Time when the work is to be commenced and completed. All work must
be commenced and completed between April 1 and November 15 except
in case of emergency.
G.
Plans.
(1)
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
(2)
When the opening is for the purpose of installing water, sewer, gas
or other pipes, engineering drawings showing locations of pipes, valves
and service line interconnections shall be furnished, as well as a
statement of the specifications pertaining to all pipes, valves and
fittings.
H.
The name and address of the workman or contractor who is to perform
the work.
I.
A statement that the applicant agrees to replace, at his own cost
and expense, the street, curb, gutter and sidewalk to the same state
and condition as they were at the time of the commencement of the
work, within 48 hours of the commencement of same.
Permits shall be issued under the authority of the Engineer
and in accordance with the provisions of this article and the regulations
which the Engineer may establish. The Engineer shall determine the
initial time limit during which the permit shall be valid.
Each permit shall state the identity and address of the applicant,
the name of the street, the location where the excavation or tunnel
is to be made, the dimensions of the opening, and the period during
which the permit shall be valid. The original of each permit shall
remain on file with the Township Clerk.
A.
No permit shall be issued until the applicant has furnished surety
in cash or a surety bond and restoration guaranty in an amount determined
to be sufficient by the Engineer, but in no case less than a bond
of $1,000 and a restoration guaranty of $2.50 per square feet, but
not less than $300. Surety in the amount of $1,000 or less shall be
in cash; surety for amounts in excess of $1,000 may be made by cash
or bond; but in the case a bond is given, the first $1,000 shall be
in cash with any balance by way of surety bond.
B.
The restoration guaranty shall be in the form of a certified check
payable to the Township of Vernon.
C.
The Mayor and Township Council may waive the restoration guaranty
in the case of public utilities upon the presentation of satisfactory
proof that it is capable of meeting any claims against it up to the
amount of the guaranty, which would otherwise be required. The bond
shall be executed by the applicant as principal with a surety company
licensed to do business in the State of New Jersey as surety, and
shall be conditioned as follows:
(1)
To indemnify and hold harmless the Township, its officers, agents,
servants and employees from all loss, damage, claim or expense, including
expenses incurred in the defense of any litigation arising out of
injury to any person or property resulting from any work done by the
applicant under the permit.
(2)
To indemnify the Township for any expense incurred in enforcing any
of the provisions of this section.
(3)
To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors done in the course of any
work under the permit.
(4)
The bond shall also be conditioned upon the applicant's restoring
the surface and foundation of the street for which the permit is granted
in a manner acceptable to the Engineer.
(5)
One bond may be accepted to cover a number of excavations by the
same applicant. Bonds shall remain in force for a period to be determined
by the Engineer.
A.
No permit shall be issued until the applicant has furnished the Engineer
with satisfactory proof of insurance against injury to persons, and
damage to property caused by or omission of the applicant, his agents,
employees or subcontractors done in the course of the work to be performed
under the permit. The insurance shall cover all hazards likely to
arise in connection with the work, including, but not limited to,
collapse and explosion, and shall not be subject to cancellation except
after 30 days' notice given by the insurer to the Township Clerk.
The limits of the policy of insurance shall be $100,000 for injuries
to more than one person in the same accident, and an aggregate of
$1,000,000 for property damage for a single incident.
B.
The Mayor and Township Council or Director of Public Works, with
the recommendations of the Township Engineer and Township Attorney,
may waive the requirements of this action.
All permits issued under this article shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times, and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property. The permittee shall comply with the current Manual on
Uniform Traffic Control Devices, Part VI, to provide adequate warning
of an excavation or when required by the Engineer or police to provide
signs, barricades, pavement markings or warning lights.
B.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Chief of Police.
The Police Department shall be informed of all street closings at
least 24 hours in advance, except where the work is of an emergency
nature, when notice shall be given to the Police Department when work
commences.
C.
Upon application by the permittee, the Engineer may extend the time
limit during which the permit shall be valid.
D.
All refuse and material shall be removed from the work site within
48 hours.
E.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means in a manner
prescribed by the Engineer. Where the Engineer determines that the
excavated material is unsuitable for backfill, the permittee shall
backfill the excavation with New Jersey Specification Zone No. 2,
four inches minus porous fill which shall be placed in layers not
exceeding 12 inches in depth and thoroughly compacted by tamping with
a mechanical vibrator or other suitable means prescribed by the Engineer.
The applicant must replace all shoulder stone to a depth of six inches
and thoroughly compact it with a mechanical compaction device. Upon
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition. If the Engineer determines
that any backfilled excavation has settled or caved in, he shall so
notify the permittee, who shall promptly continue backfilling until
the Engineer determines that settlement is complete.
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
G.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
H.
If the work is not completed within the time specified in the permit
or any extension granted by the Engineer or is not performed in accordance
with the regulations set forth in this section and any other regulations
that may be established by the Engineer, the Engineer may have the
work completed and the surface of the street restored. The cost completing
the work and restoring the street shall be charged to the permittee
and may be deducted from his deposit or recovered by an action in
any court of competent jurisdiction.
I.
Blasting and use of jackhammers in connection with any work for which
a permit has been issued hereunder shall be prohibited between 4:30
p.m. and the following 8:00 a.m. prevailing time.
J.
Construction equipment shall be stored, left or positioned on any
street after the completion of each day's work.
K.
Prior to commencing work, the permittee shall execute the contractor
agreement form as provided by the Traffic Safety Bureau of the Vernon
Township Police Department.
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
A.
No permittee shall commence the restoration of any street, foundation
or surface until the Engineer has determined that the backfill has
been properly compacted and the area properly prepared for restoration.
B.
The existing pavement after backfill has been completed shall be
cut to a straight edge by suitable means at least six inches back
from the excavation before the pavement is patched.
C.
The street surface shall be restored to the section designated by
the Engineer in the permit but in no case shall be less than the structural
equivalent of the following: six inches of 1 1/2 broken stone
or four inches of lime fly ash.
A.
Transferability. Every permit shall apply to the person to whom it
is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 15
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate and permit
fees forfeited, unless extended in writing by the Engineer.
C.
Possession of permit. A copy of the permit together with a copy of
the plan endorsed with the approval of the Engineer shall be kept
in possession of the person actually performing the work and shall
be exhibited on demand to the Engineer or to any police officer of
the Township.
D.
Revocation of permit. The Engineer may revoke a permit for any of
the following reasons:
(1)
Violation of any provision of this article or any other applicable
rules, regulations, laws or ordinances.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or declared by any provision of the Vernon Township Code to constitute
a nuisance.
E.
Any person aggrieved by the revocation of a permit may appeal to
the Director of Public Works, who shall hold a hearing thereon and
shall affirm, reverse, or modify the decision of the Engineer. The
Director of Public Works may provide in his decision that the revocation
shall be vacated if the permittee corrects the violation within a
specified period of time. Any person aggrieved by the determination
of the Director of Public Works may appeal the decision of the Director
of Public Works to the Mayor and Township Council.
F.
Modification of permit conditions. In a special case the Mayor and
Township Council may by resolution impose special conditions to which
the issuance of the permit may be subject.
G.
After satisfactory compliance with all conditions of the permit as
determined by the Engineer, the restoration guaranty shall be returned
to the applicant and his bond released.
The Director of Public Works may make any rules and regulations
which he considers necessary for the administration and enforcement
of this article, but regulation shall not be inconsistent with, alter
or amend any provision of this article, or impose any requirement
which is in addition to those expressly or by implication imposed
by this article. No regulations shall be effective unless they are
approved by resolution of the Mayor and Township Council. Copies of
all current regulations shall be available to each permittee for inspection
at the time of the issuance of the permit at the office of the Township
Engineer.
[Added 12-9-2019 by Ord. No. 19-25]
Whenever the Township Council enacts an ordinance or resolution
providing for the paving or repaving of any street or sidewalk, the
Municipal Clerk shall promptly mail a written notice thereof to each
person owning sewers, mains, conduits, or other utilities, in or under
said street or sidewalk. Such notice shall notify such persons that
any application for an excavation permit for openings, cuts or excavations
for work to be done in or under said street or sidewalk prior to such
paving or repaving shall be submitted promptly in order that the work
covered by such excavation permit may be completed not later than
45 days from the date of enactment of such ordinance or resolution.
The Municipal Clerk shall also promptly mail copies of such notice
to any governmental agencies or departments or other persons who may
desire to perform excavation work in said street or sidewalk.
[Added 12-9-2019 by Ord. No. 19-25]
Within said 45 days, every owner, person, agency or utility receiving notice as prescribed herein shall perform such excavation work subject to the provisions of this article and other relevant sections of Chapter 500, as may be necessary to install or repair sewers, mains, conduits, utility installations or other work in said street or sidewalk. In the event any owner, person, agency or utility shall fail within said forty-five-day period to perform such excavation work, any and all rights of such owner, person, agency or utility or their successors in interest to make openings, cuts or excavations in said street or sidewalk shall be prohibited and forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street or sidewalk unless, in the judgment of the Business Administrator, an emergency exists which makes it absolutely essential that the excavation be permitted. Any excavation granted by the Business Administrator under this subsection shall be conducted in accordance with the standards set by the Township Engineer.
[Added 12-9-2019 by Ord. No. 19-25]
Every Township department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street or sidewalk is directed to take appropriate measures to
perform such excavation work within said forty-five-day period so
as to avoid the necessity of making any openings, cuts or excavations
in the new pavement in the Township's streets or sidewalks during
said five-year period.
[Amended 2-27-2006 by Ord. No. 06-07]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof by a court of competent jurisdiction, be subject to the penalties set forth in Chapter 1, Article II, § 1-19, Violations and penalties, and each day such violation shall be continued shall be deemed and taken as a separate and distinct offense.
