[Adopted 10-10-1973 by Ord. No. 27-73 (Ch. 82 of the 1969 Code)]
No person, firm, corporation or utility shall open any public road or street under the control of the Township of Morris or otherwise endanger or obstruct the normal flow of traffic by the placing of any barricade, structure, material or equipment not normally designed to be operated on the public highway without first obtaining a written permit therefor signed by the Superintendent of the Department of Roads and Sanitation or such other persons as designated by the Township Committee by resolution. Application for such permit shall be made in writing on the forms to be supplied and shall generally describe the contemplated construction. Said permit shall indicate the date upon which the operation will start and the date upon which it will be completed, and if the work is not completed within this time period, a new permit will be required.
Street openings may be made without the necessity of a written application, provided for in § 439-26 hereof, in emergencies, such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided that notice thereof shall be immediately given verbally to the Police Department and Fire Department and written application for a permit made as soon thereafter as conveniently can be done, not exceeding 48 hours, in accordance with § 439-26 of this article.
No person, firm, corporation or utility shall be granted a permit to open any street until payment shall be made to the Township of Morris in an amount sufficient to pay the expenses of repairing and replacing such public road or street surface, which work shall be done by the Township and under the direction of the Superintendent of the Department of Roads and Sanitation. The amount deemed sufficient to pay the expenses of repairing and replacing the surface of said public road or street shall be not less than as follows; provided, nevertheless, that the minimum payment shall not be less than $75 and that the Township Engineering Department may set fees higher than those listed below when, in its opinion, costs will exceed the stipulated amounts:
Lawn areas: $2 per square yard.
Shoulder areas: $3.50 per square yard.
Improved roads: $6.50 per square yard.
Sidewalks: $10 per square yard.
Curbing: $3.50 per linear foot.
All funds in excess of that required for the actual work and maintenance thereof for a period of one year shall be returned upon written request of the applicant. After said one year of maintenance, any fees left on deposit for a period in excess of five years shall be forfeited and deposited in the general treasuries of the Township of Morris.
In lieu of making the payment as above provided for, any person, firm, or corporation may file a bond, satisfactory to the Township in form, amount and surety, with the Township Clerk, which bond shall be conditioned upon repairing any such opening or openings in the manner required herein, and the work shall be performed and paid for by the person, firm or corporation obtaining the permit. Said bond shall remain in effect as a maintenance bond for a period of one year after completion of the restoration of the existing materials.
The filing of such bond shall not relieve any person, firm or corporation of the necessity of securing a permit and complying with all of the terms and conditions of this article.
The Township shall adopt and/or amend guidelines for road openings by resolution to more adequately control the work and protect the Township.
It shall be the responsibility of any person, firm or corporation, upon opening any public thoroughfare or otherwise endangering or obstructing the normal flow of traffic thereon, to fully protect both vehicular and pedestrian traffic from possible accident or injury by the placing of suitable barriers, notices and warnings by day and warning lights by night. The Chief of Police shall be the judge as to the adequacy of such protection.
The fee for the permits herein specified shall be $15 for openings entirely outside the pavement, $20 for openings equal to or less than 1/2 the width of the pavement, and $30 for openings more than 1/2 the width of the pavement, except that there will be additional fees levied on all persons who open newly paved roads. Said fees shall be $500 for roads paved one year or less, $300 for roads paved for more than one year but less than two years, and $100 for roads paved for more than two years but less than three years. Said periods of time shall be from the date of acceptance of final payment by the Township for said new pavement by the Township.
Any person, firm or corporation violating this article shall, upon conviction, be punishable as provided in § 1-3, General penalty, of this Code for each day said violation exists, in the discretion of the Judge imposing the same, plus all fees imposed by other sections of this article.