[Added 4-11-2013 by Ord. No. 2013-09]
No person, business or corporation shall move a house or other
structure onto or temporarily occupy any Township street, road, right-of-way,
sidewalk, curbing or public easement, for any purpose of place, or
deposit, or leave in any of the aforementioned areas any earth or
other excavated material obstructing or intending to interfere with
the free use of same unless such person shall first have obtained
an occupancy permit therefor from the Township Clerk as hereinafter
provided.
No road occupancy permit under this chapter shall be issued
until the person, business or corporation seeking such permit shall
have first done the following:
A.
Made a written application for the issuance of such permit submitted
to the Township Clerk, signed by the person making the application
or by a duly authorized agent, and containing the following information:
(1)
Name, address and telephone number of the person for whom the work
is to be performed.
(2)
Lot and Block number, street address and location where the work
will be performed.
(3)
Name, address and telephone number of the licensed contractor performing
the structure elevation.
(4)
Location of the work area, including a map or sketch depicting dimension
of area to be occupied as well as pavement dimension to the opposing
edge of pavement.
(5)
An outline or plan describing the work to be performed.
(6)
Date and time of commencement and estimated date of completion with
an agreement by the applicant to restore the street to the same condition,
or better, than it was prior to the temporary occupation.
(7)
The types of proposed traffic control devises and procedures to be
utilized for the project, which devises and procedures shall be in
conformity with the guidelines set forth in the Manual of Uniform
Traffic Control Devices, current edition, hereinafter called the "Manual."
B.
An application fee, which shall be nonrefundable, and a permit fee, both of which shall be in accordance with the Township fee schedule, shall be paid to the Township of Little Egg Harbor before any permit is granted under this chapter. In no case shall a permit be issued until the fees, the guarantees required by Subsection C below, and proof of insurance required by Subsection D below have been received by the Township.
C.
The applicant shall furnish to the Township a refundable cash or surety bond in accordance with § 299-21 to guarantee that the structure will be removed from the street, and that the Township right-of-way will be returned to a condition that is equal to or better than the condition prior to the temporary occupation.
D.
Deliver to the Township satisfactory proof of insurance in the minimum
amount of $1,000,000 per person, and $3,000,000 per occurrence, insuring
the permittee and the Township against liability for injury or loss
sustained by any person or persons as a result of the acts or commission
or omission of the permittee, or any servants, agents or employees
of the permittee.
A.
In the case of all road occupancies, the application shall be forwarded
to the Township Engineer for review as to whether or not a permit
should be issued. If it is recommended by the Township Engineer that
a permit be issued, the Township Clerk will issue same and forward
the money tendered with the application and permit fee to the Township
Treasurer for deposit. If the permit is denied, then the Township
Clerk shall retain the application fee and notify the applicant in
writing no later than five days after the action of the Township Engineer
regarding the application.
B.
All work shall be performed and completed in such a manner as to
cause a minimum of interference with travel on the street affected.
The Police Department shall be informed in writing of all street occupancy
permits at least 24 hours prior to their issuance.
C.
Only one permit per street shall be issued at a time.
D.
A road occupancy permit shall expire in 30 calendar days from its
issuance. Each day following the expiration of the road occupancy
permit that a road continues to be occupied is considered a separate
violation. In the event of unforeseen circumstances, for example,
inclement weather, an extension of the thirty-day permit period may
be granted upon application to the Township Engineer.
Before any permit is granted, a refundable performance guarantee
shall be deposited with the Township to insure proper restoration
of the right-of-way.
A.
For temporary occupancy of a Township right-of-way with a residential
or commercial structure, the deposit shall be $10,000.
B.
For temporary occupancy of all other obstructions, the deposit shall
be $1,000 or $25 per square foot of the actual occupied area, whichever
is greater.
C.
The guarantee shall be refunded if the surface is vacated according
to Township specifications and will be forfeited in lieu of restoration
in the event that the Township specifications are not met.
A.
A permittee, prior to the commencement of work hereunder, shall furnish
the Township with satisfactory evidence in writing that the permittee
has in force and will maintain in force, during the duration of the
occupancy and the period occupancy permit, public liability insurance
of not less than $500,000 for any one person and $1,000,000 for any
one accident and property damage insurance of not less than $50,000
duly issued by an insurance company authorized to do business in this
state. The Township of Little Egg Harbor and its Engineer shall be
named as additional insureds.
B.
In cases where the character or nature of the proposed work is such
as to present an unusual hazard or a higher than normal risk of damage
or injury, the Township Committee may require provision of increased
amounts of liability and property damage insurance. Any permits which
occasion such increased hazard or liability shall be referred by the
Township Administrator for the consideration by the governing body
prior to the issuance of a permit.
A.
The applicant in accepting a permit under this article shall be deemed
to have agreed to be liable for, and to indemnify and save harmless
the Township from and against, any and all loss or costs or damages
incurred by reason of any damage to any property, injury to any person
or any loss of life resulting from its negligence or the negligence
of its agents, employees, or subcontractors in undertaking or performing
the work covered by the permit, or failing to properly guard or deter
traffic from the structure temporarily occupying the street.
B.
Construction equipment shall not be positioned or stored on any street
after working hours unless approved by the Superintendent of Public
Works.
C.
The applicant shall keep all road encroachments properly guarded
through the use of breakaway barricades, flashing lights, signs and
reflectorized drums consistent with the Manual on Uniform Traffic
Devices.
D.
All road signage and protection devices must be in conformance with
the Manual on Uniform Traffic Control Devices. A minimum of 48 hours'
notice shall be given to the Township Engineer in advance of the start
of a road occupancy so that an onsite review of such signs and protection
devices can be made by Township inspection personnel.
E.
Any proposed road occupancy must be reviewed by the Township Engineer
to ensure the noninterruption of essential municipal services (i.e.,
garbage, recycling) and emergency services (i.e., adequate access
to ambulance, police, fire).
F.
Any proposed road occupancy shall be reviewed in order to permit
continued access to underground utilities. Municipal Utilities Authority
mark-outs of utility access locations are required prior to moving
a structure onto the street.
The Township may, at any time, revoke or annul any permit or
extension endorsed thereon for cause, or for performing work not in
accordance with the permit granted, or for failure or neglect to pursue
the work in accordance with such permit, or for any conditions which
might prove to be dangerous or injurious to any person or interests
of the Township. Every person receiving a permit, or any extension
thereof, shall accept the same subject to the foregoing provisions
and conditions, without any liability or responsibility attaching
to the Township for any loss or damage that might result by reason
of such revocation.
The permittee shall indemnify and hold harmless the Township,
its officers, agents and employees from any loss, injury or damage
resulting from any negligence or fault of the permittee, its agents,
servants or employees or contractors in connection with the performance
of any of the work covered by the permit. The terms and provisions
of this article shall be deemed a covenant by such permittee to so
indemnify and hold harmless the Township of Little Egg Harbor of any
accident, injury or other harm caused by street occupation, or its
employees, agents or contractors of any responsibility for any damage
done.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not less than $500 nor more than $1,250, by imprisonment for
a term not to exceed 90 days, or by community service of not more
than 90 days, or any combination of fine, imprisonment and community
service as determined by the Municipal Court Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense. The violation of any provision of this article shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction. Nothing in this article shall
be understood or construed by any permittee or other person to absolve
any permittee or its employees, agents or contractors of any responsibility
for any damage done to any person or property in occupying any public
road, street or highway.
