Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unified development — See Ch. 96.
[Adopted 6-7-2001 by Ord. No. O-01-6[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 87, Street Openings and Excavations, adopted 9-3-1965.

§ 87-1 Permit required; exceptions.

[Amended 6-2-2011 by Ord. No. O-6-2011]
No person, firm or corporation shall disturb, dig into, excavate or make an opening of any kind in the surface, bed and right-of-way, road, avenue or other right-of-way dedicated to the public which has been accepted by or jurisdiction over which has been exercised in any manner by the Township of Elk, heretofore or hereafter, without first having obtained a permit therefor in compliance with the provisions of this article from the Township Clerk or other properly designated municipal official. The only person who can make such openings or excavations without obtaining a permit are employees of the Township or any of its utilities in the performance of their Township duties and work under the supervision of Township officers. The permit for street openings and excavations shall be valid, as prescribed herein, for the time frame specified by the applicant at the time of application. Permits must be obtained at a minimum of 72 hours prior to the time when the street opening is to occur. Work shall start on the date specified in the permit. Prior to the commencement of work, twenty-four-hour notice to the Township Clerk and Public Works Superintendent is required, except in the event of emergencies.

§ 87-2 Emergencies.

The only time an opening or an excavation may be made in, upon or under the surface of any street without first having obtained a permit is in the event of any sudden and emergent break of any water, sewer, gas, oil or other underground lines which endangers the life, health and safety of the public or people of the Township of Elk or their property. The making of any such opening or excavation shall be reported immediately within 24 hours to the Police Department and the Township Clerk, and a permit therefor shall be obtained within 48 hours.

§ 87-3 Application for permit.

A. 
Each application for permit to open or excavate in or under the surface of any street shall be in writing, numbered consecutively by calendar year, and be kept on file in the office of the Township Clerk.
B. 
In each application shall be set forth the name and address of the applicant and any subcontractor who may perform any work described in the application; the name and address of the property owner or other person for whose benefit the opening or excavation is being made; the street and exact location of the opening or excavation; the size, length, breadth and depth of the opening or excavation and its purpose; the type of street surface; the time and date when it is to be made; the date that the opening or excavation and street surface will be restored; and such other details as may be necessary. In addition, the applicant and all subcontractors shall provide their contractor’s registration and/or license number. Each application shall be in triplicate, and a copy of the permit, if granted, shall be attached thereto. The application shall also contain space and provision to note thereon that there has been a completion and inspection of the restoration of the opening or excavation and of the street surface, which shall be in a satisfactory manner, and the date of the same and signature of the Township Engineer making the inspection.
[Amended 6-2-2011 by Ord. No. O-6-2011]
C. 
Each applicant and/or subcontractor performing work under a permit shall provide to the Township Clerk a copy of a valid certificate or policy of commercial liability insurance, blank broad form, containing minimum general aggregate limits in the sum of $2,000,000. The Township of Elk must be named as an additional insured on the applicant's and/or subcontractor's certificate of insurance. The contractor and/or subcontractor shall not commence work until copies of all insurance certificates and performance bonds have been submitted to the Township Clerk.
[Added 6-2-2011 by Ord. No. O-6-2011]

§ 87-4 Newly surfaced streets.

When any street has been covered with a hard surface two inches or more in thickness, such as concrete or FABC No. 1, within five years from the date on which a permit to open it is requested, no permit to open the surface of the same shall be granted except upon a majority vote, of the Township Committee after presentation and consideration of the application therefor, the Township Committee being satisfied that one or more of the following reasons exist making it necessary to grant the permit:
A. 
An emergency situation such as set forth in § 87-2 above exists.
B. 
The necessity and purpose for opening the surface of the street could not have been and was not discovered by the applicant for the permit prior to the time the hard surface was installed, and the applicant is bound by the actions of any predecessor in title to his lands in this respect.
C. 
The best interests of the Township require that the permit be granted.

§ 87-5 Tunneling and boring.

A permit as set forth above in this article shall be required for any tunneling or mechanical boring under the surface of any street for any purpose whatsoever. Any such tunneling or boring shall be done only after the Township Engineer has recommended that it be permitted and shall be done under the supervision of said Engineer, whose services shall be paid for by the applicant.

§ 87-6 Safety requirements; indemnification.

A. 
All pavements, sidewalks, curbs, gutter, pipes, manholes, drains, conduits or other installations and private property of adjoining owners shall be properly protected by the person or firm obtaining the permit for the street opening. Any damage thereto shall be the responsibility of and paid for by the person or firm to whom the permit is issued. A surety bond may be required for this purpose by the Township Committee.
B. 
All openings shall be protected at all times to prevent injury to persons and property. The holder of the permit may be ordered to furnish additional protection for this purpose at any time by an official or proper supervisory employee of the Township.
C. 
Unless written permission is obtained from the Township Committee, no permit holder shall be allowed permission to cut, break into, excavate or open a street for a greater distance than 300 feet at one time or keep the same open for a longer period than one week. Where the excavation will extend across the full width of a street, 1/2 of the same shall be made at one time and shall be properly backfilled before the other half is excavated so as not to interfere with traffic. No portion of trench is to be left open overnight, on weekends or holidays. In no event shall a permit be valid for a period of time in excess of 120 days after its issuance without the written approval of the Township Committee.
D. 
All permit holders shall keep the area of their work clear of dirt and debris at all times and shall carry away and dispose of excess dirt, debris and other material resulting from their work.
E. 
Sufficient advance warning signs, lights, cones, barricades and other approved safety devices are to be provided in accordance with the Manual on Uniform Traffic Control Devices. Uniformed, trained traffic directors are to be provided, as required or requested by the Township Engineer.
F. 
All excavations to a depth of six feet or over, and such other excavations as may be required by the Township Engineer, shall be shored and braced to support the wall of the trench for the protection of workers and to prevent the unintentional widening of the trench.
G. 
The permittee and its subcontractors shall defend, indemnify, protect and save harmless the Township of Elk and its agents, servants and employees from damages of whatever kind or nature arising out of, or claimed to arise out of, any negligent act, error or omission of the permittee, its agents, servants and employees in the performance of the work covered by the permit.
[Amended 6-2-2011 by Ord. No. O-6-2011]
H. 
All permanent paving markings (crosswalks, traffic center lines, etc.) that are damaged during construction shall be repainted by or under the direction of the Township Engineer at the expense of the permittee.
[Added 6-2-2011 by Ord. No. O-6-2011]
I. 
Upon completion of the excavation and all work, the project area shall be restored (including all grassed areas, gutter areas, road shoulders, sidewalks, pavements, pipes, drains and private property of adjoining owners) to a condition that meets or exceeds the condition prior to the commencement of the excavation, under the direction of the Township Engineer, and at the expense of the permittee.
[Added 6-2-2011 by Ord. No. O-6-2011]

§ 87-7 Commencement of work and inspections.

[Added 6-2-2011 by Ord. No. O-6-2011[1]]
A. 
Permits must be kept at the job site during the work and must be shown, upon request, to any authorized Township personnel. Work shall commence within 24 hours of the date the permit is issued. All trenches, excavations and utility installations for which a street opening permit is required, must be inspected by the Township Engineer or his designee before any portion of the work is backfilled. It is the responsibility of the applicant to properly notify the Township Clerk and the Township Engineer to request the inspection. If the opening is not properly inspected, the Township Engineer reserves the right to require the applicant to re-excavate all or a portion of the work.
B. 
The permittee shall take appropriate measures to insure that during the performance of the excavation, normal and safe traffic conditions shall be maintained at all times, causing as little inconvenience as possible to the occupants of the adjoining property, and to general vehicular traffic. If it is necessary to close a Township street, it is the applicant’s responsibility to notify the Township's Police, Fire and School Departments. The Township Engineer and/or the Chief of Police may require the presence of a police officer or traffic/road flagger to be present during construction. All costs incurred relating to the police officer or traffic/road flagger shall be borne by the permittee.
[1]
Editor's Note: This ordinance also redesignated former §§ 87-7 through 87-10 as §§ 87-8 through 87-11, respectively.

§ 87-8 Restoration of street.

A. 
The cost of restoration of streets shall be borne by the person or firm obtaining the permit. All cuts, breaks, excavations or openings shall conform in size to the applications on which the permit is based and shall be performed in neat, even and rectangular sections. The permittee will properly restore to the satisfaction of the Township Engineer any portion of said roadway which it may have disturbed and will maintain it to the satisfaction of the Township Engineer from any settlement or depression resulting from this work for a period of two years after approval of such restoration by the Township Engineer.
B. 
Backfilling and temporary paving. All excavations shall be completely backfilled, and as great a portion as possible of the excavated material shall be replaced. Compaction shall be accomplished by mechanical tamping or as otherwise directed. Additional material shall be supplied when a deficiency occurs. If the Township Engineer considers the excavated material unsatisfactory for backfill, approved material shall be supplied and the excess unapproved material removed. If tamping alone is employed, the material shall be placed in steps not exceeding 12 inches in depth, moistened if directed, and each step shall be properly tamped until thoroughly compacted. If immediate replacement of permanent pavement is not feasible, the temporary restoration shall consist of not less than two inches of cold patch material consolidated to highway grade. The permittee shall maintain the temporary pavement in a satisfactory condition until permanent repairs are made. Temporary restoration can remain for only a maximum of six months.
C. 
Permanent pavement restorations. If a permanent repair is not feasible at the time the opening is closed, it shall be made as soon as conditions allow. The existing paving shall be restored to its original full depth with a minimum of six-inch crushed concrete/DGA below two-inch bituminous top course for final restoration. All joints and seams shall be sealed with a liquid tar-base joint sealer. The permittee is to notify the Township Engineer 72 hours prior to permanent repair.

§ 87-9 Time limits; enforcement.

[Amended 6-2-2011 by Ord. No. O-6-2011]
All street openings shall be opened, closed and replaced as expeditiously as possible under the circumstances and purpose of the opening; however, closure of the excavation shall occur no later than the date specified in the permit application. If the same are not replaced expeditiously as aforesaid and good cause for the delay is not shown, the Township may, after notice and hearing thereon, proceed to close and replace the street opening and charge the cost thereof to the holder of the permit.

§ 87-10 Fees and bonding required.

Before an issuance of any street opening permit, fees and cash security performance deposit shall be received in the offices of the Township Clerk as follows:
A. 
Single street opening involving only one (1) lot frontage.
(1) 
Filing fee (nonrefundable): $50.
(2) 
Township Engineer review fee (nonrefundable): $300.
(3) 
Township Engineer inspection fee (nonrefundable): $500.
(4) 
Cash security performance deposit: $750.
Note: Township Engineer shall make recommendation of additional escrow funds should the project repair costs exceed the initial escrow deposit.
B. 
Multiple openings per street or multiple lot frontages per application.
(1) 
Filing fee (nonrefundable): $100.
(2) 
Township Engineer review fee (nonrefundable): $400.
(3) 
Township Engineer inspection fee (nonrefundable): $750.
(4) 
Cash security performance deposit: The greater sum of $750 or such sum that may be established by the Township Engineer to assure compliance with terms of this article in an amount not to exceed 120% of the cost of repair, rehabilitation or installation of improvements towards restoration of the roadway.
(5) 
For utility companies and/or contractors anticipating numerous multiple road opening permits per calendar year, the applicant may post a one-time cash security performance deposit of $10,000 for a one-year period beginning January 1st and ending December 31. However, the applicant must submit the appropriate filing, review and inspection fees on a per-application basis.
C. 
"Performance security," for the purposes of this subsection, shall mean and include cash deposits or performance bonds or irrevocable letters of credit in a form approved by the Municipal Attorney. Performance security shall guarantee the faithful and satisfactory performance of the work in all respects, and shall replace or restore that portion of any street, highway or road in which the applicant, applicant’s agents and/or subcontractors shall make any excavation. In the event that the estimated costs of repair, rehabilitation or installation of roadway improvements shall, at any time, exceed the initial estimate or sums of performance security specified in Subsection A or B hereof, the permit holder, on written notice, shall provide such additional performance security equal to such additional costs within 10 days of such notice. All performance security shall remain in full force for a period of one year after the date that the excavation work is completed. A separate maintenance guarantee shall be required in the event that the performance security does not cover the excavation work for a period of one year from the date that the excavation work is completed.
[Amended 6-2-2011 by Ord. No. O-6-2011]

§ 87-11 Violations and penalties.

[Amended 6-2-2011 by Ord. No. O-6-2011]
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000 and/or by imprisonment not exceeding 90 days, or both.
[Adopted 12-18-2012 by Ord. No. O-14-2012]

§ 87-12 Purpose.

This article shall be known as the "9-1-1 Emergency Response and GPS Public and Private Street Naming and Numbering Ordinance." The purpose is to name public and private streets and to denote a system of street numbering in order to enhance public safety and provide 9-1-1 emergency response and GPS capabilities for the residents of the Township of Elk.

§ 87-13 Applicability.

This article applies to any highway, road, right-of-way, avenue, lane, private way, or paved/gravel/dirt thoroughfare located on public and private property.

§ 87-14 Administration.

This article shall be administered by the Committee of the Township of Elk or its designee. The Committee is authorized to and shall assign street names and numbers to all properties, both on existing public and private streets and proposed streets, in accordance with the criteria herein.

§ 87-15 Assignment of street names.

Every street serving more than two separately addressed structures shall have a name which shall be approved by the Committee of the Township of Elk. Said names shall be legibly marked in at least one place on every street. The Committee may change the names of any street at any time, when in the Committee's judgment there is cause for doing so. The process for street name assignment is as follows:
A. 
The Township shall not be bound by any name previously assigned to the street;
B. 
No name for a street shall be selected which is already in use, or which is confusingly similar to any other existing name, or which otherwise might delay the locating of any street in an emergency;
C. 
No name shall be assigned to a street which shall duplicate the name of any other proposed or existing street regardless of the use of a suffix such as an Avenue, Boulevard, etc.;
D. 
The extension of an existing street shall have the same name as the existing street;
E. 
Whenever a name is assigned to any new street, or a change is made in the name of any street, the Committee shall notify the County of Gloucester through the office of the Gloucester County Department of Emergency Response, Office of 9-1-1; New Jersey Department of Motor Vehicles; Monroeville and Glassboro Post Offices; Gloucester County Board of Elections; Gloucester County Surrogate; Elk Township Board of Education; Delsea Regional Board of Education; Elk Township Planning Board; and all utility companies providing utility services to the affected properties located within the Township of Elk.

§ 87-16 Sign maintenance.

The Township of Elk shall be responsible for signage for all public streets. The real property owner shall be responsible for the signage at the entrance to any private street if the Township Committee authorizes a name change on private property. If that signage is damaged or destroyed, the residents of the private street shall be responsible for its repair or replacement.

§ 87-17 Address numbers on streets.

The Township Committee shall have the authority to assign numbers to all existing residential and/or other structures and/or vacant lots along any public or private streets.

§ 87-18 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Township of Elk or such other court having jurisdiction, be liable to a fine not exceeding $1,000. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.