[Adopted 10-10-1973 (Ch. X of the 1975 General Ordinances);
as amended through Ord. No. 11-87]
A.
Permit required for excavations. It shall be unlawful
for any person to make any excavation, opening or tunnel in, on or
under any of the streets of the Township without having first obtained
a permit for the same, without complying with the provisions of this
article or in violation of or variance from the terms of any such
permit. No opening or excavation shall be permitted within the surface
of any public road, street or right-of-way under the control of the
Township upon which a permanent pavement has been placed within five
years of the date of the date of the application of such pavement
except in emergency circumstances as provided for herein.
[Amended 1-25-2006 by Ord. No. 2006-2]
B.
Applications.
(1)
Applications for such permits shall be made in writing
and filed in triplicate with the Township Clerk and shall describe
the exact location of the intended excavation, opening or tunnel,
the size thereof, the purpose therefor and the person, firm or corporation
doing the actual work and the name of the person, firm or corporation
for whom or which the work is being done, and the period of time within
which the work shall be performed. The application shall also contain
an agreement that the applicant will comply with all ordinances and
laws relating to the work to be done.
(2)
The applicant shall supply a current New Jersey "One-Call"
confirmation number, to document compliance with the underground utility
location law.
[Added 1-25-2006 by Ord. No. 2006-2]
C.
Issuance of permit. Upon receipt of the application,
the Township Clerk shall forward a copy thereof to the chairperson
of the road committee of the Township and another copy thereof to
the Township Engineer. The Township Engineer shall then prepare a
written estimate setting forth the amount required to restore the
street, road or highway to its original condition after the same has
been excavated, opened or tunneled, in accordance with the application,
and thereupon, shall forward a copy of said estimate to the chairperson
of the road committee, who, upon receipt of the estimate, shall authorize
the Township Clerk to issue the permit; provided, however, that the
applicant shall have paid a fee to the Township and shall have filed
a performance guarantee with the Township as is hereinafter required.
D.
Application fees. The application shall be accompanied
by an engineered plan, or sketch, drawn to scale, of the area to be
disturbed, including proposed dimensions and restoration details,
and shall be also accompanied by an application fee of $100 together
with an escrow deposit to cover engineering review and inspections
of:
[Amended 1-25-2006 by Ord. No. 2006-2]
A.
No such permit shall be issued unless and until the
applicant thereof has filed with the Township Clerk a performance
guarantee, in an amount equal to the estimate of the Township Engineer,
to insure that the surface of such portion of the public way to be
excavated, opened or tunneled shall be restored to its original condition,
within the time set forth in the application for the permit.
B.
Such performance guarantee may be in the form of a
performance bond which shall be issued by a bonding or surety company
licensed to do business in the State of New Jersey and shall be submitted
to the Township Attorney for his/her approval as to form, sufficiency
and execution. The bond shall remain in full force and effect until
released by resolution of the governing body, which release shall
be given upon satisfactory completion of the restoration of the surface,
in accordance with the terms as set forth in the application.
C.
In lieu of bond, the applicant may deposit a certified
check with the Township Clerk, payable to the Township in an amount
equal to the Township Engineer's estimate. In the event the applicant
fails to restore the surface of that portion of the public way which
has been excavated, opened or tunneled, to its original condition
within the time set forth in the application for the permit, the Township
may use the proceeds of the check to pay the cost of such restoration,
and any amount in excess of said cost shall be returned to the applicant.
In the event the applicant does restore such surface to its original
condition within the time set forth in the application, then the Township
shall return the full amount of the check to the applicant.
A.
Restrictions.
(1)
It shall be unlawful to make any such excavation,
opening or tunnel in any way contrary to or at variance with the terms
of the permit therefor. Proper bracing shall be maintained to prevent
the collapse of adjoining ground; and in excavations, the excavation
shall not have anywhere below the surface any portion which extends
beyond the opening at the surface.
(2)
No injury shall be done to any pipes, cables or conduits
in the making of such excavations, opening or tunnels; and notice
shall be given to such persons, firms or corporations maintaining
the pipes, cables or conduits, which are or may be endangered or affected
by the work to be performed, before such pipes, cables or conduits
shall be disturbed.
(3)
No unnecessary damage or injury shall be done to any
tree or shrub or the roots thereof.
B.
Safeguards.
(1)
During the progress of the work and until such street,
road or highway has been restored to its former conditions, the person
responsible for making such excavation, opening or tunnel shall cause
the same to be properly guarded, both in the daytime and at night,
in such a manner as to prevent injury to persons and property, and
in accordance with such reasonable provisions as may be prescribed
by the road supervisor in the Township and in accordance with the
provisions of Title 39 of the Revised Statutes, amendments thereof
and supplements thereto. All permits shall contain a statement that
work is to be guarded.
(2)
If any sidewalk is blocked by any such work, a temporary
sidewalk shall be constructed or provided which shall be safe for
travel and convenient.
All permits issued under this article shall
be subject to the following requirements:
A.
Any person shall, as a condition of accepting any
permit issued hereunder, save, hold and keep harmless and indemnify
the Township, its officers, agents, servants and employees from and
against any loss, damage, claim, demand or expense arising out of
any suit or claim for damages or injury alleged to have been sustained
as a result of any work done under such permit.
Any person making any excavation, opening or
tunnel in, on or under any street in the Township, shall restore the
surface thereof to its original condition if there is no pavement
there. Refills shall be properly tamped down, and any bracing in such
tunnel or excavation shall be left in the ground. Any excavation or
opening in a paved or improved portion of a street shall be repaired
and the surface relaid by the applicant, in compliance with the ordinances
of the Township and under the supervision of the Road Supervisor within
30 days from the day that roadway is opened.
The Township Engineer and the Road Supervisor
shall inspect or cause to be inspected, all excavations, openings
or tunnels being made in, on or under any street in the Township to
see to the enforcement of the provisions of this article. Notice shall
be given to them at least 10 hours before the work of refilling any
such tunnel or excavation commences.
Notwithstanding the provisions of this article,
any person may open up any Township road, street or highway to repair
any utility, provided it is an emergency and any delay in obtaining
the required permit would result in endangering the health and general
welfare of the inhabitants of the Township; upon the following conditions:
