[Adopted 12-11-2012 by Ord. No. O-12-25[1]]
[1]
Editor's Note: This ordinance also revised the name of this chapter from "Streets and Sidewalks" to "Streets and Sidewalks and Right-of-Way Excavations." This ordinance also redesignated former Article III, Traffic Control for Street and Highway Construction, as Article IV.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory.
APPLICANT
A person making written application to the Township Engineer for an excavation permit hereunder.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curb, sidewalk, driveway and driveway aprons, drainage structure and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvement existing within the public right-of-way. For the purposes of this article, that work which is being performed outside of the public right-of-way, but which 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. "Excavation work" shall also include the construction, addition, installation or other improvement of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this article, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
PERMITTEE
Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
STREET
Any road, highway, alley, avenue, easement or other public way or public right-of-way accepted or maintained by the Township, as a public street, as well as any state or county road or highway over which the Township has acquired jurisdiction by agreement.
It shall be unlawful for any person to perform any of the excavation work as defined in § 277-8 heretofore or dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street, any earth or other excavated material, obstructing or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way effect any other public improvement within the public right-of-way unless such persons shall first have obtained a street excavation permit therefor from the Township Engineer as herein provided.
A. 
Application for permit. No street excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Township Engineer. The written application shall state the name and address of the applicant, the nature, location and the purpose of the excavation, the proposed dates of commencement and completion of the excavation and other data which may reasonably be required by the Township Engineer.
B. 
Plans to accompany application. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to the excavation and of the proposed excavated surfaces, the location of the excavation work, preconstruction color photographs of the excavation area and surrounding area submitted electronically or by hard copy and such other information as may be prescribed by the Township Engineer, including the complete plan, profile and details of any proposed curb, sidewalk, pavements or other proposed improvements.
A. 
Excavation permit application fees. A permit application fee shall be charged by the Township Engineer for the issuance of a street excavation permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation fee shall be as set forth in Chapter 139, Fees.
B. 
Excavation permit inspection fees. An excavation permit inspection fee shall be charged by the Township Engineer for the issuance of a street excavation permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The inspection fee shall be charged to ensure that the Township Engineer or his designee can review the excavation application for compliance with the Township standards, and to perform field inspections during actual construction process. The excavation inspection fee shall be as set forth in Chapter 139, Fees.
C. 
Waiver of permit fees. Permit inspection fees may be waived in the case of installation or repair of sidewalk by, or one acting for, the owner of real property at the discretion of the Township Engineer for minor repair instances only. Permit application and inspection fees will be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with approved plans without cost to the Township in compliance with the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Restoration guarantee required. The application for an excavation permit to perform excavation work under this article shall be accompanied by a restoration guarantee. Such guarantee will take the form of cash or check payable to the Township of Howell, and shall be received by the Township Engineer prior to the issuance of a permit.
B. 
The amount of the required guarantee shall be as set forth in Chapter 139, Fees.
C. 
The Township Engineer may determine that an additional restoration guarantee is required in certain extraordinary cases. In the case of excavation or removal or alteration of other public improvements such as drainage, sidewalks, driveways, driveway aprons, etc., the Township Engineer shall determine in each case the amount of the cash repair deposit, in an amount sufficient to allow the Township to perform all required repairs and restorations. The amount shall be estimated to include Township gross costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.
D. 
Minimum restoration guarantee. In no case shall a restoration guarantee be less than the amount set forth in Chapter 139, Fees.
E. 
Refund of restoration guarantee upon satisfactory completion of work. Any restoration guarantee made hereunder shall serve as security for the repair and performance of work necessary to put the street or right-of-way in as good condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Upon completion of the initial restoration efforts, a one-hundred-twenty-day clock will begin before the final restoration must be completed. The permittee shall wait a minimum of 90 days but no later than 120 days to return to the excavation, remove the temporary surface course and place the final surface course in accordance with this section. This allows for settlement of the trench prior to final restoration. The permittee shall notify the Township Engineer prior to final restoration work to ensure Township oversight during construction. Upon satisfactory completion in accordance with the Township specifications, the repair deposit will be returned after written approval by the Township Engineer.
F. 
Township use of restoration guarantee upon permittee's failure to perform work. The Township may use any or all of such restoration guarantee to pay the cost of any work the Township performs to restore or maintain the street or right-of-way as herein provided in the event the permittee fails to perform such work, in which case the amount refunded to the permittee shall be reduced by the amount thus expended by the Township.
G. 
Waiver of restoration guarantees. Restoration guarantee may be waived in the case of installation or repair of sidewalk by the owner, or by a person acting for the owner, of real property at the discretion of the Township Engineer for minor repair instances only. Restoration guarantee will be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with approved plans and without cost to the Township, provided that the improvements are covered by a performance bond posted with the Township for the entire subdivision project.
A. 
Surety bond required in certain cases. If an individual restoration guarantee required by § 277-12 exceeds $25,000 or if the aggregate of the cash repair deposit which any applicant expects to be required to provide within a period of one year exceeds $50,000, or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey, then the Township Council may allow the provision for all or, at the Township Council's discretion, a portion of the cash repair deposit in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this section, the applicant shall deposit with the Township Engineer a surety bond in the amount to be determined by the Township Engineer made payable to the Township.
B. 
Surety bond requirements.
(1) 
The required surety bond must be:
(a) 
With good and sufficient surety;
(b) 
By a surety company authorized to transact business in New Jersey;
(c) 
Satisfactory to the Township Attorney in form and substance;
(d) 
Conditioned upon the permittee's compliance with this article and to secure the Township and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation permit or for which the Township, the Township Council or any Township officer or designee may be made liable by reason of any accident or injury to person or property through the fault of the permittee, either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee.
(2) 
It shall be further conditioned upon the obligation of the permittee to fill up, restore and place in good and safe condition and as near as may be to its original condition and to the satisfaction of the Township Engineer all openings and excavations made in streets and to maintain any street where excavation is made in as good condition for the period of 12 months after the work shall have been done, usual wear and tear excepted, as it was in before the work shall have been done. Any settlement of the surface within the one-year period shall be deemed conclusive evidence of defective backfilling of the permittee.
C. 
Bond coverage; annual bond. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Township, if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond, but the bond shall, in its entirety, cover any and all future accidents or injuries during the excavation work for which it is given. In the event of a suit or claim against the Township by reason of the negligence or the fault of the permittee, upon the Township giving written notice to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee and its surety binding them to reimburse the Township for any amounts it must pay as a result of such judgment. An annual bond may be given under this provision which shall remain in force for one year conditioned as above in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date.
A permittee, prior to the commencement of excavation work hereunder, shall furnish the Township Engineer satisfactory evidence in writing that the permittee has enforced and will maintain enforced during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $1,000,000 for any person and $1,000,000 for any accident and property damage insurance of not less than $1,000,000 duly issued by an insurance company authorized to do business in this state, naming the Township as an additional insured. In cases where the character 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 Township Council may require the 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 Engineer, for the consideration of the Township Council, prior to the issuance of the permit.
A. 
Maintain traffic conditions. The permittee shall take appropriate measures to ensure that, during the performance of the excavation work, traffic conditions, as nearly normal as practicable, shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Township Engineer may permit the closing of the streets to all traffic for the period of time prescribed by him if, in his opinion, it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Township Police Department. See Article IV of this chapter regarding traffic control.
The permittee shall erect and maintain suitable temporary barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. 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 plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings 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.
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 10 feet of fire plugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of materials or other obstructions.
A. 
Requirements concerning utilities. The permittee shall not interfere with any existing utility without the written consent of the Township Engineer and/or the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the Township shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee, unless he makes other arrangements with the person owning the utility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, maintain and protect them under, over, along or across said work.
B. 
Liability for damage. In case any of such pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipes, electric conduits or other utility, and its bond shall be liable therefor. The permittee shall inform himself as to the existence and location of all underground utilities and protect the same against damage.
A. 
Protection; permission to enter private property. The permittee shall at all times, and at his or its own expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose. The permittee shall at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during that progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from his failure to protect and carry out such work.
B. 
Maintain landscaping. 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 in this article. 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 appropriate Township department or Township official having control of such property.
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over the excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that passengers can pass over safely at all times.
A. 
Barricades and protective devices. The permittee shall erect and maintain, approaching and throughout the site of the excavation work, such signs, lights, barricades and other protective devices as are required. In the absence of specific written directions by the Township Engineer, all signs shall be provided as required by the Manual on Uniform Traffic Control Devices section concerning construction signing, as published by the United States Department of Transportation.
B. 
Failure to comply with protective measures. Should the Township Engineer at any time determine that the permittee has failed to provide all required signs and protective devices in accordance with the directions of the Township Engineer and/or the requirements of the previously mentioned Manual on Uniform Traffic Control Devices, the Township may provide and erect or cause the provision and erection of such required signs, barricades and traffic control devices, and the cost thereof may be deducted from the cash repair deposit provided by the applicant or may be billed directly to the permittee by the Township. If such billing is made and not paid by the permittee within 15 working days after such billing, the amount may be deemed due and recoverable from the permittee's cash deposit or surety.
C. 
Notification of Township intent to require protective measures. The Township shall normally provide the permittee with 24 hours' notice of its intention to require the provision of any such signs, barricades and traffic control devices and its intention to bill the permittee the cost thereof, to deduct the cost thereof from the permittee's cash repair deposit, or to recover the cost thereof from the permittee's surety, except that in the case of an immediate emergency or hazard to the public health or safety, the Township may cause the provision and erection of such devices without notice.
D. 
Protective barriers and lights. The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight, there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning through the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided therefor the protection of the public.
It shall be unlawful for the permittee to suffer 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 hazardous to their safety or health.
A. 
Maintenance of excavated material. All materials excavated from trenches and piled adjacent to the trench, or in any street, shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the street and in such a manner so that as little inconvenience as possible is caused to those using streets and adjoining property.
B. 
Undersized confines for excavated material. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Township Engineer shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repairs shall conform to the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Township Engineer shall have the authority to cause the necessary labor and materials to be furnished to the Township, and the cost shall be charged against the permittee and the permittee shall also be liable on his or its bond therefor.
Property lines and limits or easements may be required on the plan of excavation submitted with the application for the excavation permit. At the discretion of the Township Engineer, the aforementioned shall be surveyed by a licensed surveyor in the State of New Jersey and plotted on a map along with the excavation limits. These lines shall be field marked and it shall be the permittee's responsibility to confine excavation work within these limits if the Township Engineer deems it necessary.
A. 
Remove debris during work progression. As the excavation work progresses, all streets and private property shall be thoroughly cleansed of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of the excavation shall be completed to the satisfaction of the Township Engineer.
B. 
Failure to remove debris; liability for expense. From time to time, as may be ordered by the Township Engineer and in any event immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from such work; and upon failure to do so within 24 hours after having been notified to do so by the Township Engineer, such work may be done by the Township and the cost thereof charged to the permittee and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
The permittee shall provide for the flow of all watercourses, sewers and drains intercepted during the excavation work and shall replace the same in as good condition as it found them, or shall make such provisions for them as the Township Engineer may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slicking or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or over in depth, the pavement in the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt pavement shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
Tunnels under pavement shall not be permitted except by permission of the Township Engineer and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the Township Engineer.
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical means such as tamping, vibrating or rolling as required by the soil in question and sound engineering practice generally recognized in the construction industry.
The methods of construction for excavation and backfill shall be in accordance with Division 200 of the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, latest edition, and such other provisions as are included herein and as may be added in the special conditions. No road opening or excavation of a cross trench shall extend beyond the center line of the road before being backfilled, compacted and the surface of the roadway temporarily restored.
Whenever any excavation for the laying of pipe is made through rock, pipe shall be laid six inches above the rock bottom of the trench and the space under, around and six inches above the pipe shall be backfilled with clean sand, noncorrosive soil or one-quarter-inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill. Where, in the opinion of the Township Engineer, excavated material is unsuitable for use as backfill, the contractor shall supply other pervious material to be used for backfill.
Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type until the surface is unyielding. The surface shall then be graded as required.
A. 
Requirement to restore surface. The permittee shall restore the surface of all streets, driveways, sidewalks, aprons, grassed or other right-of-way areas broken into or damaged as a result of the excavation work to its original condition in accordance with the specifications of the Township Engineer.
B. 
Criteria for repairs.
(1) 
Within grassed areas, the top four inches of the trench and any other areas damaged during construction shall be backfilled with topsoil as defined in Division 800 of the NJDOT Standard Specifications for Road and Bridge Construction, latest edition. Then all of newly placed topsoil shall be fertilized and seeded per these specifications.
(2) 
Within the limits of gravel areas or any other nondecorative gravel surface, the top of the trench shall be backfilled with eight inches of dense graded aggregate (DGA) base course as defined in Division 300 of the NJDOT Standard Specifications.
(3) 
Within asphalt roadways, all trenches shall be brought up to 12 inches below the surface as required in the backfilling sections listed previously. The remaining void shall be backfilled with a temporary repair of six inches of DGA base course as defined in Division 300 of the NJDOT Standard Specifications and six inches of hot mix asphalt (HMA) 19M64 base course as defined in Division 400 of the NJDOT Standard Specifications.
(a) 
The temporary pavement shall remain in place for a period of at least three months and no longer than four months to allow for residual settlement to take place. During this time, the permittee shall assure maintenance of the pavement surface. Manholes, valve boxes or other physical utility obstructions shall have feathered approaches not to exceed a five-percent slope where necessary and temporary pavement striping shall be restored by the permittee for adequate traffic control.
(b) 
The final asphalt paving will depend on the size of the trench:
[1] 
Where 20% or more of the existing surface width and/or a distance parallel or longitudinal to the roadway center line of 25 feet or more has been disturbed, the permittee shall mill the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. All milling and disposal of millings shall be done in accordance with Division 400 of the NJDOT Standard Specifications. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The Township will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
[2] 
Where less than 20% of the existing surface and a distance parallel or longitudinal to the roadway center line of less than 25 feet has been disturbed, the permittee shall sawcut the existing surface course two inches deep at a location 12 inches beyond the trench surface, and remove the existing pavement to the same depth. Pavement removal shall be done by milling or another method as approved by the Township Engineer. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The Township will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
(4) 
Within the limits of portland cement concrete roadways, all trench openings shall be backfilled and compacted as previously required, a satisfactory foundation prepared, the reinforcement restored and the concrete pavement equal in thickness to that in place in the roadway replaced with concrete as defined in Division 400 of the NJDOT Standard Specifications.
(5) 
Within sidewalk areas, all trench openings shall be backfilled and compacted as previously required, and finished with a concrete sidewalk, four inches thick and at least four feet wide with a compressive strength of not less than 4,000 psi after 28 days. The sidewalk shall be broom finished with striations perpendicular to walking traffic. Troweled joints shall be installed not less than every four feet (or distance equal to the sidewalk width) and bituminous joints installed every 20 feet. At points of vehicular crossings, the sidewalk shall be increased to six inches thick and one row of welded wire fabric (six-inch-by-six-inch pattern, W2.1x2.1 gauge) shall be added at the mid-depth of the concrete.
(6) 
Road openings and/or trenches involving unusual or special conditions including attachment to bridges shall be restored in accordance with and pursuant to the direction of the Township Engineer.
C. 
Temporary surface restoration in traffic lanes. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be tamped into place, and this fill shall be topped with a minimum of at least two inches of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe travelling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Township Engineer. If, in the judgment of the Township Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over the cut or excavation to remain until such time as the repair of the original pavement may be properly made.
D. 
Permanent street restoration. Permanent restoration of the street may be made by the permittee in strict accordance with the specifications prescribed by the Township Engineer to restore the street to its original and proper condition, or as near as may be. When, in the opinion of the Township Engineer, the full width overlay will present a hazardous condition and jeopardize the health, safety and welfare of the general public, the Township Engineer shall direct the permittee the method of restoration of the roadway surface.
E. 
Approval contingent upon time period. Acceptance or approval of any excavation work by the Township Engineer shall not prevent the Township from asserting a claim against a permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 12 months from the completion of the excavation work. The Township Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
A. 
Failure to restore surfaces; Township action. If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, or shall fail to adhere to other requirements of this article, the Township shall have the right to do all work necessary to restore the street, eliminate violations and to complete the excavation work. The permittee shall be liable for the actual costs thereof and 25% of such cost in addition thereto for general overhead and administrative expenses. The Township shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided, and the Township shall also enforce its rights under any surety bond provided pursuant to this article. The Township will normally give the permittee 24 hours' notice of its intent to act, under the terms of this section, to eliminate violations of this article or to restore the surface, except that, in the case of immediate danger to the public health or safety certified to by the appropriate officials, no such notice will be provided.
B. 
Maintain work site to prior condition. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for one year after restoring it to its original condition.
Except by special permission from the Township Engineer, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 250 feet beyond where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site, ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Township Engineer. Except with the written permission of the Township Engineer, no timber bracing, lagging, sheathing or other lumber shall be left in any trench.
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition or as near as may be as soon as practicable and, in any event, not later than the date specified in the excavation permit therefor.
If, in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest requires that the excavation work be performed as emergency work, the Township Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
In the event of any emergency in which a sewer main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of the property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Township Engineer's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable, in the performance of the excavation work, noise, dust and unsightly debris; and during the hours of 9:00 p.m. to 7:00 a.m. the following day on weekdays and between 8:00 p.m. Friday night and 8:00 a.m. Saturday and between the hours of 8:00 p.m. Saturday and 8:00 a.m. Sunday morning and on legal holidays, shall not use, except with the express written permission of the Township Engineer, or in case of any emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
[1]
Editor's Note: See also Ch. 208, Noise.
A. 
Whenever the Township Council enacts an ordinance or resolution providing for the paving or repaving of any street, the Township Engineer shall promptly mail a written notice thereof to each person owning any sewer main, conduit or other utility in or under said street or any real property whether improved or unimproved abutting said street. Notice shall be sent out after the resolution by the Council but at least 45 days prior to the start of construction. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years from the date of substantial completion of the paving construction contract as determined by the Township Engineer. Such notice shall notify such persons that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed prior to the start of the paving construction contract. The Township Engineer shall also promptly mail out copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and departments or other persons that may desire to perform excavation work in said street.
B. 
In said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article as may be necessary, to install or repair sewers, mains, conduits or other utility installation. In the event any owner of real property abutting said street shall fail within said 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said streets shall be forfeited for a period of five years from the date of substantial completion of the paving construction contract as determined by the Township Engineer. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless in the judgment of the Township Engineer an emergency as described in this article exists which makes it absolutely necessary that the excavation permits be used.
C. 
Every Township department or official charged with the responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation within said forty-five-day period as to avoid the necessity of making any openings, cuts or excavations in the new pavement in said Township street during said five-year period.
The permittee shall not disturb any surface monuments or hubs found in the line of excavation work until ordered to do so by the Township Engineer.
The Township Engineer or his designated representatives shall make such inspections as are reasonably necessary in the enforcement of this article. The cost of such inspections will be borne by the permittee, and the monies obtained from the inspection fee shall be used to defray these and other administrative costs associated with the enforcement of this article. The Township Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article.
Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps, two copies, shall be filed with the Township Engineer within 60 days after new installations, changes or replacements are made.
A. 
Township work. The provisions of this article shall not be applicable to any excavation work under the direction of competent Township officials by employees of the Township or by any contractor of the Township or agency or department of the Township performing work for and on behalf of the Township necessitating openings of excavations in streets, nor shall the provisions of §§ 277-11 and 277-13 apply to any excavation work performed adjacent to or within the public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided such subdividers or site developers have posted cash guarantees and surety in accordance with the applicable ordinance requirements.
B. 
Sewer installations. Contractors performing sewer installations pursuant to contracts awarded by the Township on behalf of its municipal utilities shall not be required to pay street opening permit fees, cash repair deposits or to post surety bonds as required above when they obtain street opening permits; provided, however, that this subsection shall apply only in instances where the Township has conditioned release of the contractor's performance bond upon the certification by the Township Engineer that all road repairs have been performed in conformance with Township standards. Such contractors shall obtain all other permits required by law. All work done by such contractors shall be inspected by the Township Engineer to ensure conformity with the Township standards. All inspection fees covering the Township Engineer's performance of said inspections shall be paid by the individual contractor.
This article shall not be construed as imposing upon the Township or any official or employee any liability or responsibility for any damages for any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the Township or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine of not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or exists.