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]
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.
C.
In the case of utility work undertaken by a private or public utility,
which work involves placing new or replacing or repairing of utility
infrastructure, including, but not limited to, gas lines, water lines,
electrical lines, storm and sanitary sewer lines, where the area to
be trenched is greater than 50 linear feet, upon completion or within
a reasonable amount of time, as determined by the Township of Clark
Engineer, the utility company shall mill and repave the entire pavement
surface from edge to edge or curb to curb for the entire length of
the excavation plus a minimum of 25 feet beyond the excavation limits,
in accordance with the Township of Clark specifications.
[Added 9-19-2022 by Ord. No. 22-18]
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.
[1]
Editor's Note: Former § 310-8, Prohibited times
of construction, was repealed 10-5-2020 by Ord. No. 20-20.
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.
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]
