Township of Willingboro, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Willingboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parking — See Ch. 248.
Property maintenance — See Ch. 272.
Vehicles and traffic — See Ch. 356.
[Derived from Sec. 3-8 of the 2003 Revised General Ordinances]
The owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Township of Willingboro shall remove all snow and ice from the abutting sidewalks of those streets or, in the case of ice which may be so frozen as to make removal impracticable, shall cause the sidewalks to be thoroughly covered with sand or ashes within 24 hours after the snow shall fall or the ice shall be formed thereon. In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is hereby required to remove all snow and ice from the portion of the sidewalks or, in the case of ice which it is impracticable to remove, cover the sidewalks with sand or ashes within 24 hours after the snow shall fall or the ice shall be formed thereon.
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit snow or ice into or upon any street in the Township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to the person upon the sidewalks or streets of the Township of Willingboro.
In case the snow or ice shall not be removed from the sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as hereinabove provided, the snow or ice shall be removed forthwith and under the direction of the Superintendent of Public Works, and the cost of the removal as nearly as can be ascertained shall be certified by the Superintendent of Public Works to the Township Manager. The Manager shall examine the certification and, if found to be correct, shall cause the cost to be charged against the real estate so abutting or bordering upon the sidewalks, and the amount so charged shall forthwith become a lien and a tax upon the real estate or land and shall be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or any other penalty for violations of any of the provisions of this article shall not constitute any bar to the right of the Township of Willingboro to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.
[Derived from Sec. 14-1 of the 2003 Revised General Ordinances; amended in its entirety 10-17-2017 by Ord. No. 2017-10]
This article shall be known and may be cited as the "Township Street Openings and Excavations Ordinance in the Township of Willingboro."
For the purposes of this article, the following words, terms and phrases shall have the meanings respectively given herein. The word "shall" is always mandatory and not merely directory.
APPLICANT
Any person, company or entity making written application to the Township of Willingboro for an opening or excavation permit.
DIRECTOR
The Director of Public Works of the Township of Willingboro or his designee.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
EXCAVATION WORK
The excavation, removal, digging, disturbing, replacement, repair, construction, or taking up any surface, pavement, stone or soil and improvements within the rights-of-way or public properties of the Township of Willingboro. For the purpose of this article, that work which is being performed outside the public rights-of-way, but requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." The term "excavation work" shall not include work by persons exempted from the provisions of this article under § 328-22.
IMPROVEMENTS
Curbs, sidewalks, driveways, driveway aprons, drainage and/or utility service structures, conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails, or any other public improvements existing within the Township's rights-of-way, properties, lands or easements.
PERMITTEE
Any person who has been granted, and has in full force and effect, a street opening permit issued hereunder, and also includes any person that is required to secure a permit for excavation work from the Township of Willingboro.
PERSON
Any person, firm, partnership, association, corporation, entity, or public or private organization of any kind.
STREET
Any street, roadway, highway, alley, cul-de-sac, avenue, public easement, public way, public right-of-way, or public grounds in the Township of Willingboro.
TOWNSHIP
The Township of Willingboro.
TOWNSHIP COUNCIL
The Township Council of the Township of Willingboro.
TOWNSHIP ENGINEER
The Township Engineer of the Township of Willingboro.
A. 
It shall be unlawful for any person, firm, or corporation to perform any excavation or tunnel work, construct, remove, replace or repair any improvements, or place any form of construction in, over or upon any street or improvement or otherwise endanger or obstruct the normal flow of vehicular, bicycle or pedestrian traffic or normal flow of surface water, by the placing of any earth or other excavated material, barricade, structure, material or equipment on any street without first obtaining a written permit, approved and issued by the Director.
B. 
Except as provided in Subsection B(1), no permit shall be issued for a newly constructed or substantially improved street for a period of five years from the date of acceptance of such construction except in cases of emergency as described in § 328-23. Sixty days prior to the start of construction of permanent pavement or improvements on any street, the Director or his designee shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Department and the Fire Department of such construction and of the provisions of this section.
(1) 
For a permit to be issued for excavation of any paved or improved street surface which is less than five years, the applicant, under the instructions of the Director, shall be required to secure approval from the Township Council by resolution before any permit can be approved hereunder.
(a) 
The applicant, under the instructions of the Director, shall make application for Council approval as provided hereunder and provide, to the extent possible, an explanation of all efforts made to avoid the street opening and therefore the basis for the requested Council approval.
(b) 
Should an applicant be granted a permit by Council to open the paved street as described hereinabove, the fees for the opening shall be assessed as indicated in § 328-8, 328-9, 328-10 and 328-11 herein.
C. 
The Director shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants, ordinances and conditions thereof.
D. 
No permit shall be assigned or transferred except upon the prior written consent of the Director. Nor shall the work take place in any other than the location specifically designated in the permit.
E. 
No permit shall be issued for an opening during the period from the first day of December to the 15th day of March or where conditions exist due to severe weather, freeze, frost, etc., except for emergency openings or openings required by law.
F. 
If the application for street opening permit requires the street to be excavated or opened for a width equal to or greater than 25% but less than 50% of the existing roadway, or if the opening exceeds one parking lane width, the applicant shall be required to restore the pavement with a two-inch mill and two-inch overlay between the curbline and center line of the roadway.
G. 
If the application for street opening permit requires the street to be excavated or opened for a width of equal to or more than 50% of the existing roadway, the applicant shall be required to restore the roadway pavement with a two-inch mill and two-inch overlay from curbline to curbline.
H. 
All street openings, excavations and restorations thereof shall be made under the supervision and control of the Director and shall be subject the oversight and inspection of the Township Engineer. The Township Engineer fees shall be charged to the escrow established in § 328-9.
A. 
No excavation permit shall be issued unless a written application is submitted to the Director.
B. 
The written application must be made using the forms provided by the Township, including applicable fees, established by this article.
C. 
The permit application shall specify the name and address of the applicant, the place and/or places at which the work is to be done, the type of the work, and the proposed dates of commencement and completion of the excavation and restoration work.
D. 
The application shall include or be accompanied by scaled or dimensioned drawings satisfactory to the Director, detailing the following:
(1) 
Requirements that all nonferrous material contains a wire or detection device to accurately determine the location after installation.
(2) 
Requirements regarding the set elevations of all castings, including manholes, valve boxes, and inlet castings.
E. 
A separate application and permit will be required for each type of opening made. One application or permit shall be sufficient to represent more than one opening if the openings are for related work and separated by a distance equal to or less than 50 feet. Related work shall be defined at the discretion of the Director and/or Township Engineer based on location(s), type of utility, required equipment, and required restoration tasks.
F. 
Permit applications for emergency work shall be submitted to the Township within 48 hours following the initial excavation work. The application must include the information required by § 328-7, and notifications shall be in compliance with § 328-23 herein. Failure to comply with this section may result in the assessment of fines defined by § 328-24 herein.
G. 
Permit applications for the current annual year will not be approved for any applicant who has not satisfactorily completed the excavation and restoration work for the previous year.
H. 
The Director shall grant such permit when he or she has determined that the applicant has satisfactorily complied with all of the requirements of this article.
I. 
The Township shall issue permit for applications which have been approved and/or authorized by the Director, Township Engineer or his designee.
Each applicant for a permit shall pay a permit application fee of $50 per opening for the purposes of the execution and issuance of the permit. The application fee shall apply to all openings.
A. 
Township engineering fees. In addition to the permit application fee as provide in § 328-8, applicants for the following permits shall pay a minimum fee of $150 for the purposes of review and issuance of the permit, examination of drawings, and initial administrative work performed by the Township Engineer. This fee is nonrefundable.
(1) 
Applicants for sidewalk and driveway openings equal to or exceeding 25 square feet or three square yards.
(2) 
Applicants for all curb and roadway openings.
B. 
Inspection and supervision fees.
(1) 
In all sidewalk, driveway apron or grass area openings or excavations, the minimum inspection fee shall be 5% of the Township Engineer's estimate of the cost of repairing and replacing the sidewalk, driveway or grass area or $150, whichever is greater.
(2) 
In all curb and street openings and excavations, the minimum inspection fee shall be 5% of the Township Engineer's estimate of the cost of repairing and replacing the curb and street or $500, whichever is greater.
(3) 
The applicant shall be required to pay escrow fees for additional inspection required to oversee the correction of unacceptable workmanship as determined by the Township Engineer.
(4) 
The cost for repairing and/or replacing the excavated area(s) shall be determined by the Township Engineer.
C. 
The fees in Subsections A and B above will be deposited into an escrow account within the Township and utilized/charged based upon the fees paid to the Township Engineer for the Township engineering, inspection and oversight of the project. The permittee is required to submit a written request for refund of unused portion of the escrow upon completion and acceptance, of the work by the Township.
D. 
In addition, for any inspection after working hours, on Saturdays, Sundays, or holidays, the applicant will pay the inspector's time at the overtime rate set by the Township.
A. 
No person shall be granted a permit to open pavement of any street until and unless there shall be deposited with the Township, by certified check or bond in an amount sufficient to secure the cost of repairing and replacing such street or other surfaces or appurtenances. The cost of repairing and replacing of such street or surface or appurtenances shall be determined by the Director or the Township Engineer. The minimum amount deemed sufficient for such purposes shall be $500 unless otherwise determined by the Director or the Township Engineer.
B. 
Permits approved for excavations in newly constructed or substantially improved roads, in accordance with § 328-6B herein, shall be subject to the following additional deposit fees:
(1) 
Infrared treatment costs shall be added to the deposit required above.
(2) 
An assessment factor fee equal to 2% for each un-elapsed month or fraction thereof of the five years (60 months) restricted period shall be applied to the estimated cost determined in § 328-10A, and added to the deposit required above. The maximum assessment factor fee shall be 120% of the estimated restoration cost total; provided, however, that no assessment hereunder shall be less than $1,000. No portion of the assessment charge shall be refundable nor shall such assessment payment relieve the permit holder from the required insurance(s) and/or bonds associated with restoration of all street openings in recently approved or applied pavement areas.
C. 
In lieu of the certified check in § 328-10A, the applicant may file a performance surety bond of 150% of the estimated cost of repairing and replacing such street or other surfaces or appurtenances within the street area in the manner as herein provided. The estimated cost shall be determined by the Director after the application for permit has been submitted in compliance with § 328-7 of this article. No such bond shall be accepted until the Director shall have certified that the amount thereof is sufficient as provided herein, and the Director and Township Engineer shall have approved the qualification of the surety, and the Township Attorney shall have approved the sufficiency of the form and execution of such guarantee.
D. 
The fees in subsections A, B and C above will be deposited in an escrow account within the Township and/or bond shall remain in effect until completion and acceptance of the project. The Township shall deduct costs to repair the permittee's work from the escrow and/or seek and obtain costs/services to correct the work by way of the bonding company securing the permittee's work.
E. 
The permittee is required to submit a written request for refund of the unused portion of the deposit and/or release of the posted bond upon completion and acceptance of the work by the Township.
A. 
With the Director's approval a public utility subject to regulation by the State Board of Public Utilities Commission may comply with the following requirements in lieu of the Township Engineering escrow, security deposits requirements detailed in §§ 328-9 and 328-10 herein.
(1) 
Township Engineering, inspection and supervision escrow fees. In lieu of individually calculated and assigned escrow fees for each opening required in § 328-9, a public utility may establish an annual escrow in the sum of $15,000 to the Township and file the same with the Director.
(2) 
Performance bond. In lieu of the security deposits required in § 328-10, a public utility may execute an annual bond in the sum of $25,000 to the Township and file the same with the Director. Such bond shall be conditioned upon compliance with the applicable provisions of this article.
A. 
Notice requirement.
(1) 
The permittee shall give the Director not less than 48 hours' notice prior to starting excavation work and upon completion of the restoration. Notice shall be given by contacting the Director's office via fax or email.
(2) 
Failure to provide notice as required may result in revocation of the permit and issuance of a stop-work order.
B. 
The approved permit must be visibly exhibited at the location(s) of the work, must be in the possession of the parties doing the work and must be exhibited to the Director or his authorized representative upon request. No such permit shall be valid except for the place, time and character of work specified therein.
C. 
All street openings, excavations, and restoration thereof shall be made under the supervision and control of the Director and subject to his inspection.
D. 
Restoration. The permittee shall restore the site or work promptly, upon completion thereof; all surplus excavated material and debris shall be removed and the site shall be restored in a neat and orderly condition. All areas disturbed during the course of work including those with topsoil, seed, or sod shall be restored by the permittee to a condition the same or better than they were previously.
A. 
The completion date submitted by the applicant shall be the expiration date of the permit unless the Director requires a specific deadline.
B. 
If for any reason work is not commenced within the period of 30 days, the permit shall be void unless within such period the applicant shall resubmit the application to the Director for permit extension.
C. 
Following the application for a permit extension, the Director shall either return the deposit or extend the time for the beginning of the work for another period of 30 days by endorsement on the permit.
D. 
No permit that has been extended shall be valid unless the work is commenced within 10 days from the date of the extension approval.
E. 
Any street opening must be backfilled immediately after completion of underground construction. Temporary paving shall be completed promptly as trenches are backfilled. Permanent pavement replacement shall be completed within a period of five days from the date of installation of temporary pavement unless the Director shall designate a longer period of time. During the winter season, as determined by the Director, the permanent pavement replacement will be deferred until weather permits.
F. 
Sidewalks, driveway aprons and curbs disturbed or removed by permit shall be replaced within five days after the opening was made.
A. 
The permittee shall determine the existence and location of all underground utilities prior to beginning work, and protect the same against damage. The permittee shall contact the New Jersey One-Call Service at 800-272-1000 prior to beginning all work and provide the Director with the New Jersey One Call confirmation upon request.
B. 
The permittee shall not interfere with any existing utility without the written consent of the Director and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner.
C. 
No utility owned by the Township shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless other arrangements are made with the person owning the utility.
D. 
The permittee shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be in any way affected by the excavation work, and do everything necessary to maintain support, sustain, and protect them under, over, along or across such work for its duration.
E. 
Should any of the pipes, conduits, poles, wires or apparatus be damaged, the expense of repairs of same shall be the responsibility of and charged to the permittee, and his insurance and/or bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property resulting from the breaking of any utility water pipes, sewer, gas pipe, electric conduit, or other utility, and his insurance and/or bond shall be liable therefor.
Prior to commencement of work, the permittee shall furnish the Director satisfactory evidence in writing that said permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability and property damage insurance for the protection of the applicant, the Township and its agents and employees from any and all claims for personal injury, including accidental death, and property damage. The insurance shall be in minimum amount of $250,000 to $500,000, and bodily injury in a minimum amount of $100,000 and duly issued by an insurance company authorized to do business in the State of New Jersey. In cases where the contractor or nature of the proposed excavation work are such as to present an unusual hazard or a higher-than-normal risk of damage or injury, the Director may require the provision of increased amounts of liability and property damage insurance.
The applicant, in accepting a permit under this article, agrees to enter into a written agreement with the Township so as to save, defend, and keep harmless the Township from and indemnify it against any and all actions, suits, demands, payments, losses, costs, damages, and charges incurred by reason of any damages to property, injuries to persons, or any loss of life resulting from any negligence of the applicant, his agents, servants or employees, contractors or subcontractors occurring in the performance of the work covered by the permit or from any other matter, cause or reason relating thereto.
A. 
The permittee shall, at all times and at his own expense, preserve and protect from injury or damage any adjoining property by providing proper foundations and taking other measures suitable for the purpose. When, in the protection of property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain written permission from the owner of such private property for such purpose, and if he cannot obtain such permission from such owner, the Director may authorize him to enter the private premises solely for the purpose of making the property safe.
B. 
The permittee shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property resulting from his failure to protect and carry out said work properly. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required by § 328-19.
C. 
All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property, the Director.
A. 
No permittee shall allow or permit to remain unguarded at the place of excavation or opening any machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children or which might be hazardous to their safety or health.
B. 
Every person making an excavation shall be required to place and maintain suitable warning devices, signs, caution notices, barriers, and lighting devices, pursuant to the requirements of Title 39 of the Revised Statutes of New Jersey as amended and supplemented, and the current edition of the Manual of Uniform Traffic Control Devices.
C. 
Temporary construction detours, sign selection and locations, roadway taper dimensions, barrel and/or cone spacing, locations of certified flagmen and/or Police Traffic Directors shall be in adherence to the New Jersey Department of Transportation Roadway Design Manual, Chapter 14, Guidelines for Traffic Control Plans and Details, and approved by the Willingboro Police Department.
D. 
All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public and occupants of adjoining property. Where less than two complete traffic lanes are maintained, flagmen shall be employed. Where an excavation extends the full width of a street, only 1/2 of such street shall be open and backfilled prior to opening the remaining half.
E. 
All persons making excavations in the streets shall inquire the Police Department to determine if flagmen or detours of traffic are needed, and/or whether the work is to be scheduled in order to minimize disturbance of the normal traffic flow.
F. 
The permittee shall be liable for all damages caused by the conduct of the work or failure to properly guard, light, or maintain the work and work area.
G. 
In accepting a permit under this article, the permittee shall enter into a written agreement to hold harmless and indemnify the Township as provided under § 328-16.
H. 
The permittee shall pay costs of all required flagmen and/or Police Traffic Directors. The use of certified flagmen shall be approved at the discretion of the Police Department. The permittee shall produce a copy of the flagman's certification upon request by the Director and/or Police Department or their respective designees.
I. 
Costs associated with Police Traffic Directors shall be obtained by contacting the Police Department at (609) 877-2200 ext. 1055 and requesting the services of an off-duty police officer(s) for traffic direction. All requests for officers must be given at least 48 hours prior to start time. Cancellation for prior scheduled officers must be given two hours prior to the proposed start time.
A. 
Unless otherwise directed by the Director, the following specifications shall govern the backfill in excavated trenches:
(1) 
All openings shall be restored below grade with backfill consisting of soil aggregate NJDOT designation I-13 or suitable excavated material and shall be tamped in twelve-inch layers with a mechanical tamper.
(2) 
All openings shall be restored below grade with backfill consisting of bank run gravel or suitable excavated material and shall be tamped in twelve-inch layers with a mechanical tamper.
B. 
All material not suitable for backfill and all excess backfill material shall be removed from the site and legally disposed of by the permittee.
Unless otherwise directed by the Director, upon completion of the opening and backfill as specified in § 328-19, the following specifications shall govern the maintenance and repair of street openings by the permittee.
A. 
Roadway pavement openings shall be temporarily restored with backfill pursuant to § 328-19 to within 12 inches of below existing surface. The remainder of the trench shall be filled with six inches of dense graded aggregate, and six inches of NJDOT hot mix asphalt base course material and tamped and/or rolled with the minimum capacity of a five-ton roller. This temporary restoration shall remain in place for a minimum of four weeks. The trench shall be maintained to the existing grade by the addition of additional hot mix asphalt base course material as required until permanent restoration takes place.
B. 
No permittee shall commence permanent restoration on any street foundation or surface until the Township Engineer has determined that settlement of the subsurface is complete and the area properly prepared for permanent.
C. 
The final restoration shall include neatly saw cutting the edges of the existing pavement to a minimum depth of six inches with a pavement saw or pneumatic cutting tool. The saw cut shall be located 12 inches beyond the excavation on all sides. The edges of the existing pavement shall be tack coated. Four inches of NJDOT hot mix asphalt base course material and two inches of hot mix asphalt surface course material shall be installed and rolled with a minimum capacity five-ton roller and meet the existing, adjacent grades with smooth transition and no bumps.
D. 
All roadway materials shall be manufactured to comply with the current edition of New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, as amended.
E. 
It shall be the responsibility of the permittee to maintain the temporary pavement restoration to the existing grade by the addition of hot mix asphalt base course material during the period prior to permanent pavement restoration work. Should the permittee fail to maintain such pavement opening, and upon 24 hours' notice by the Director, the opening may be repaired as specified by the Township, and the cost thereof deducted from deposits received in § 328-10.
F. 
Driveway openings shall be replaced with the appropriate material and in compliance with the Township's specifications for driveways. Driveway aprons constructed within the Township's right-of-way and adjacent public sidewalk shall be at minimum Class B concrete, six inches thick. Sidewalk openings shall be replaced with Class B concrete, four inches thick. Concrete work shall have a minimum compressive strength of 4,500 pounds per square inch after 28 days.
G. 
Where concrete curbing and/or gutters are disturbed, damaged or removed, curbing and gutters of the exact configuration as the existing shall be constructed. Concrete shall be portland cement concrete, air-entrained, conforming to the New Jersey Department of Transportation Standard Specifications for Class B concrete and shall have a minimum compressive strength of 4,500 pounds per square inch after 28 days.
H. 
All restoration work shall be performed to maintain and restore appropriate drainage abilities, and without damage or impairment of the Township's stormwater control measures and facilities.
A. 
The Township shall release the permittee's security deposit, certified check, or performance no sooner than six months and no later than two years from the date of the Director's, Engineer's or their designee's written approval of the work, depending upon the nature of the excavation or road opening. In no event shall the Township release the security deposit, certified check, or performance surety bond less than six months from the excavation or road opening.
B. 
In the event of the permittee's default of any of the terms, agreements, covenants, or conditions of the permit on its part to be undertaken and performed, said deposit may be used by the Township for any expense incurred by the Township by reason of such failure or default on the part of the permittee.
C. 
After the expense of such failure or default has been paid and deducted from the amount of the deposit, as determined and certified by the Director, the balance shall be refunded to the permittee. If the security is insufficient to cover expenses of the Township, it will place a lien in the amount of the deficit upon said property for collection in the same manner as taxes as authorized by resolution of the Township Council.
All provisions of this article, except §§ 328-6, 328-7, 328-8, 328-9, 328-10, 328-11, 328-13, shall apply to state, county or municipal authorities and to contractors performing work in Township streets under construction contracts with municipal authorities, and such contracts shall contain provisions and specifications to insure compliance with this article.
Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would reasonably appear to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in §§ 328-14, 328-15, 328-16, 328-17, 328-18, 328-19, and 328-20. Immediate notice thereof shall be communicated to the Director, Police Department, and Fire Department. Notification of the emergency opening shall be provided to the Director within 24 hours following the initial opening. The twenty-four-hour notification shall be made via telephone, fax or overnight mail. The formal application for a permit shall thereafter be made within a period of 48 hours following the initial opening, and compliance with all the provisions of this article shall be met.
A. 
In addition to enforcement of and liability for compliance with procedures provided for previously in this article, any person, firm, corporation or entity that shall violate any of the provisions of this article shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, forfeit and pay such fine not to exceed $2,000 as shall be imposed by such judicial officer in his discretion, and if the party so convicted is a natural person imprisonment or community service not to exceed 90 days, or both, for each violation.
B. 
Each day such violation continues or is permitted to continue shall constitute a separate and independent violation of this article.
C. 
The imposition of a fine or imprisonment as punishment for a violation of this article shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.
A. 
Any permit may be revoked by the Director, after notice to the permittee, for:
(1) 
Violation of instructions/directives from the Township Engineer including unapproved deviation from the Township's standard details for construction.
(2) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
B. 
Written notice of such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice may be given either by personal delivery to the permittee or by fax or by mail addressed to the permittee.
C. 
A permittee may be granted a period of 48 hours from the date of the notice to correct the violation and proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Director shall cause such work to be done as may be necessary to restore the area or part thereof to as good a condition as before the opening was made. All expenses incurred therein by the Township shall be recovered from the deposit/bond the permittee has deposited with the Township.