Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
A. 
Applications for permits under this chapter shall be made in writing to the Township Engineer on a form to be supplied by the Township and shall describe the location of the intended excavation, opening, tunnel, monitoring wells or obstruction, the size and the purpose therefor, the time within which such work shall be completed, the person doing the actual excavating or obstructing work, the person for whom the work is being done and the person who will restore the permanent pavement when the same is not to be done by the applicant.
[Amended 3-20-2017 by Ord. No. 17-06]
B. 
The application shall be accompanied by a diagram indicating the nature and extent of the excavation, opening, tunnel, monitoring wells or obstruction. If during the course of the work any variation is required, the applicant shall file with the Township Engineer an amended diagram showing the manner in which the work is actually being done.
[Amended 3-20-2017 by Ord. No. 17-06]
C. 
A permit from the Township shall be required to be obtained in order to conduct any opening in, removal, replacement, repair or alteration of and obstruction or encroachment of or upon any and all of the following:
(1) 
Sidewalks;
(2) 
Streets; and
(3) 
Municipal rights-of-way.
D. 
The permit shall be signed by the owner/occupant of the abutting property, as well as the agent(s) conducting any proposed construction (if different from the owner/occupant), and approved by the Township Engineer.
A. 
Public utility corporations undertaking the performance of any work pursuant to the provisions of this chapter shall be required to obtain a permit in accord with the provisions hereof.
B. 
Each public utility desiring to obtain permits pursuant to this chapter or perform any excavation within the municipal rights-of-way, or perform any tunneling thereunder, shall file each year with the Township Clerk a bond, which may be the bond of such corporation solely, in the sum of $5,000, conditioned upon compliance with the applicable provisions of this chapter.
A. 
Any person found to be engaged in any of the activities described in this chapter without first having obtained the appropriate permit shall be subject to a fine equal to the amount of the application fee for the permit which such person failed to obtain.
B. 
Further, any person found to be engaged in any of the activities described in this chapter without first having obtained the appropriate permit shall be required to obtain the appropriate permit, being responsible for any associated fees, in addition to the fine described above.
A. 
In case of emergency, any person may make an excavation in or open the surface of any public street, sidewalk or other public place without first having obtained a permit therefor, provided such person shall have first obtained oral emergency approval from the office of the Township Engineer. Such person shall make application for a permit within two business days after the occurrence of such emergency.
B. 
For the purpose of this section, "emergency" shall mean a condition or circumstance which involves immediate danger to life or property, or both, or which involves a possibility of interruption or curtailment of any service furnished to the public by a public utility.
Nothing contained in this chapter shall be construed as requiring the issuance of a permit for the performance of any work done by the Township or under contract with the Township for the construction of sewers or street improvements.
[Amended 3-20-2017 by Ord. No. 17-06]
The work on any construction under any permit except for monitoring well permits shall be commenced and completed within one year of the date of the permit; monitoring well permits shall be commenced and completed within the time designated in the approved permit form. Should work not commence within one year of the date of the permit, the permit shall be considered null and void. If a permittee wishes to proceed with the project after the one-year time period has expired, a new permit shall be required for work to proceed.
Except in the case of emergencies, no construction shall be permitted on Saturdays, Sundays, or national holidays. No construction shall be permitted prior to 9:00 a.m. or after 4:00 p.m.
A. 
Permit application fees. The following application fees shall apply:
[Amended 3-20-2017 by Ord. No. 17-06]
(1) 
Sidewalk and/or driveway removal, improvement, repair, or alterations fee: $125, together with a performance guaranty in an amount to be determined by the Township Engineer pursuant to the provisions of § 195-66.
(2) 
Street opening fee: $500, together with a performance guaranty in an amount to be determined by the Township Engineer pursuant to the provisions of § 195-66.
(3) 
Municipal right-of-way opening fee: $250, together with a performance guaranty in an amount to be determined by the Township Engineer pursuant to the provisions of § 195-66.
(4) 
Obstruction/encroachment fee: $100, together with a performance guaranty in an amount to be determined by the Township Engineer pursuant to the provisions of § 195-66.
(5) 
Inspection fee (all permits): $75.
(6) 
Reinspection fee (all permits): $75.
(7) 
Monitoring wells: $1,000, together with such escrow fees as may be established by the Township Engineer pursuant to § 195-28 and such performance guaranty as may be established by the Township Engineer pursuant to the provisions of § 195-66.
B. 
Failure to comply with Township standards.
(1) 
All construction shall comply with the Township standards set forth in this chapter. In the event that any construction by the owner/occupant of the property, or his/her agent(s), fails to comply with Township standards, and, following notification by the Township Engineer, such owner/occupant, or his/her agent(s), has not made necessary corrections within the amount of time provided by the provisions set forth in this chapter, then the Township shall take measures to address the outstanding issues.
(2) 
The cost of such work shall be certified by the Engineer to the Township Council, who shall examine same and, if found correct, shall cause such cost to become a lien upon the property owners' lands in front of which such work was done, to the same extent that assessments for local improvements become liens, and such cost shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate.
[Amended 3-20-2017 by Ord. No. 17-06]
C. 
Failure to complete/close out project.
(1) 
All construction shall be completed within the amount of time provided by the provisions set forth in this chapter. In the event that any construction by the owner/occupant of the property, or his/her agent(s), fails to complete construction and close out the project within the allotted time period, then the Township shall take measures to complete the construction and close the project.
(2) 
The cost of such work shall be certified by the Engineer to the Township Council, who shall examine same and, if found correct, shall cause such cost to become a lien upon the property owners' lands in front of which such work was done, to the same extent that assessments for local improvements become liens, and such cost shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate.
[Amended 3-20-2017 by Ord. No. 17-06]
D. 
Failure or refusal to remove obstructions, encroachments, snow or ice.
(1) 
Removal of obstructions, encroachments, snow or ice shall be completed within the amount of time provided by the provisions set forth in this chapter. In the event that the owner/occupant of the property refuses or fails to remove such obstructions, encroachments, snow or ice within the allotted time period, then the Township shall take measures to have them removed.
(2) 
The cost of such removal shall be certified by the Engineer to the Township Council, who shall examine same and, if found correct, shall cause such cost to become a lien upon the property owners' lands in front of which such removal was done, to the same extent that assessments for local improvements become liens, and such cost shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate.
[Amended 3-20-2017 by Ord. No. 17-06]