[Adopted 10-4-1990 by Ord. No. 364 (Ch. 85 of the 1977 Township Code)]
For purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
APPLICANT
Any person making written application to the Township of
Upper Deerfield for an excavation permit hereunder.
EXCAVATION
The excavation, opening or any other work performed under
a permit and required to be performed under this article.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation,
municipality, company or organization of any kind.
STREET
Any street, highway, alley, avenue or any other public way
or public ground in the Township of Upper Deerfield and under control
of the Township of Upper Deerfield.
[Amended 5-17-2018 by Ord. No. 777]
A. A permit fee shall be charged by the Township Clerk for the issuance
of a permit, which shall be in addition to all other fees for permits
or charges relative to any proposed construction work.
B. Fee schedule.
(2) Minimum right-of-way opening for 16 square feet or less: $75.
(a)
Greater than 16 square feet but less than or equal to 50 square
feet: $100.
(b)
For every square foot of opening greater than 50 square feet:
$1 per square foot.
(3) Curb, gutter or shoulder trench installation:
(a)
Zero to 100 linear feet: $75.
(b)
Over 100 linear feet: $25 per 100 linear feet.
(5) All other openings: 2% of construction costs.
The applicant, upon securing said permit, agrees to indemnify
and hold harmless the Township of Upper Deerfield and/or the Atlantic
County Municipal Joint Insurance Fund and their agents and employees
from and against all claims, damages, losses and expenses, including
reasonable attorneys' fees, in case it shall be necessary to
file an action arising out of performance of work involved with said
permit, which is for bodily injury, illness or death or for property
damage, including loss of use, and caused in whole or part by the
permittee's negligent act or omission or that of a contractor
or subcontractor or that of anyone employed by him or for whose acts
the permittee, contractor or subcontractor may be liable. This indemnification
and agreement shall apply in all instances whether the Township of
Upper Deerfield and/or the Atlantic County Municipal Joint Insurance
Fund is made a direct party to the initial action or claim or is subsequently
made a party to the action by third-party in pleading or is made a
party to a collateral action arising, in whole or in part, from any
of the issues emanating from the original cause of action or claim.
The following measures shall be taken to ensure the safety and
protection of the traveling public:
A. Any portions of work areas not closed to traffic must be temporarily
patched with cold patch, a minimum two inches thick and properly maintained,
until final paving is installed.
B. The permittee shall erect and maintain suitable timber barriers to
confine earth from trenches or other excavations in order to encroach
upon highways as little as possible.
C. The permittee shall construct and maintain adequate and safe crossings
over excavations and across highways under improvement to accommodate
vehicular and pedestrian traffic at all street intersections. Vehicular
crossings shall be constructed and maintained of steel plates or of
plank, timbers and blocking of adequate size to accommodate vehicular
traffic safely. Timber decking shall be not less than four inches
thick and shall be securely fastened. Pedestrian crossings, if of
timber, shall consist of planking three inches thick, 12 inches wide
and of adequate length, together with necessary blocking. The walk
shall not be less than three feet in width and shall be provided with
a railing as required by the Township Engineer.
D. The permittee must provide proof of compliance with One Call Damage
Prevention System and obtain clearance before beginning excavation.
E. It is urged that all utilities be constructed with a minimum of three
feet of cover to provide protection for the utilities in the event
that future road reconstruction, repair or modifications necessitate
excavation, undercutting or installation of facilities in the area
where the utility is located. This location will in no way relieve
the utility owner of the responsibility of relocating said utility
at said utility owner's expense in case of conflict with future
construction, reconstruction or modification of related facilities.
The penalty prescribed for any violation of this article shall
be a fine not exceeding $1,000 or imprisonment in the county jail
not exceeding 90 days, or both. Each day shall be considered a separate
offense.