[HISTORY: Adopted by the Township Committee
of the Township of Deerfield as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Littering and refuse disposal — See Ch.
128.
[Adopted 2-15-1984 by Ord. No. 1984-1 as Ch. 103, Art. I, of the 1984 Code]
[Amended 7-15-1992 by Ord. No. 1992-3]
No person shall cut, break into, excavate or
open any of the roads, streets, avenues or highways of the Township
or any portion of the right-of-way thereof without first making written
application to the Township Committee, stating the kind, character
and purpose of the proposed excavation or opening and such other information
as may be reasonably required to fulfill the requirements of this
article, accompanied by a scaled plan showing its location and size,
and obtaining from the Township Committee a permit for each and every
opening.
[Amended 7-15-1992 by Ord. No. 1992-3]
Permits shall be issued, subject to the terms
of this article, by the Township Committee or its designee, upon the
approval of the application and accompanying plan. Approval shall
be given if the application and plan conform to the requirements of
this article and provide for the work to be performed in accordance
with the current New Jersey State Highway Specifications.
A. Payment of a deposit according to the following schedule
shall be made before issuance of the permit:
|
Type of Road
|
Charge for 10 Square Feet or Less
|
Additional Charge per Square Foot in Excess
of 10 Square Feet
|
---|
|
Earth or gravel
|
$50.00
|
$1.00
|
|
Blacktop
|
$100.00
|
$2.00
|
|
Plain concrete
|
$150.00
|
$3.00
|
|
Reinforced concrete
|
$200.00
|
$4.00
|
|
Concrete sidewalks
|
$50.00
|
$2.00
|
B. All money collected under this article shall be turned
over to the Township Treasurer.
[Amended 7-15-1992 by Ord. No. 1992-3]
[Amended 7-15-1992 by Ord. No. 1992-3]
Upon notice to the Township Committee or its
designee as it may prescribe and under its inspection, the contractor
securing the permit shall, immediately after completing the work necessitating
the excavation or opening, refill, properly tamp and restore the excavation
or opening with a temporary cover as follows: earth or gravel roads
with gravel not less than eight inches thick; all other roads and
walks with two inches of cold patch. Thereafter, but not before 60
days from the completion of the temporary cover, a contractor approved
by the Township Committee or its designee shall make final and permanent
repairs.
[Amended 7-15-1992 by Ord. No. 1992-3]
After final and permanent repairs are completed, a fee of $25 covering permit and inspection charges and, if the final and permanent repairs are completed by the Township, the Township's cost of the same as determined in accordance with the schedule contained in §
170-3A, shall be charged against the deposit. The Township Treasurer shall deduct the amount of the fee and costs from the deposit, credit the same to the general revenues of the Township and hold the balance as provided for in §
170-6.
[Amended 7-15-1992 by Ord. No. 1992-3]
If, at the end of a period of six months from the completion and approval of the permanent cover, no defects in the contractor's work appear, the balance of the deposit, if any, shall be paid to or in accordance with the instructions of the person in whose name the permit was issued. If during the six-month period any settlement occurs in the excavation or opening, the Township Committee shall notify the contractor by mail, addressed to the location given on the application permit, to correct the conditions within 10 working days of the notice and complete a new temporary cover, after which final and permanent repairs shall again be made as hereinabove provided for and the Township Clerk shall deduct an additional fee of $25 covering additional permit and inspection charges. If the second final and permanent repairs are completed by the Township, the Township's costs of the same as determined in accordance with the schedule contained in §
170-3A shall also be deducted and the balance of the deposit, if any, shall be paid to the person in whose name the permit was issued.
In the event that the contractor shall fail
to correct the conditions as required, the Township may do so and
all the deposit shall, without further notice, be credited to the
general revenues of the Township to defray the cost of the work required
to be performed by the Township.
[Amended 7-15-1992 by Ord. No. 1992-3]
Unless written permission is obtained from the
Township Committee, no permit holder shall be allowed permission to
cut, break into, excavate or open a road, street, avenue or highway
for a greater distance than 100 feet at a time or keep the same opened
for a longer period than one week. For the period during which the
road, street, avenue or highway is being cut, broken into, excavated
or opened by the permit holder, there shall be provided by the permit
holder a space at street level of at least 10 feet in width for the
purpose of allowing vehicles free and unimpeded use of the same. In
no event shall a permit be valid for a period of time in excess of
60 days after its issuance without the written approval of the Township
Committee or its designee.
[Amended 7-15-1992 by Ord. No. 1992-3]
All cuts, breaks, excavations or openings shall
conform in size to the application on which the permit is based and
shall be performed in neat, even and rectangular sections. All excavations
to a depth of six feet or over and such other excavations as may be
required by the Township Committee shall be shored and braced to support
the walls of the trench for the protection of the workmen and to prevent
the unintentional widening of the trench.
All permit holders shall, whenever any cut,
excavation or opening would be dangerous if left exposed, erect a
suitable barricade or railing around the same in such manner as to
prevent danger to pedestrians or vehicles and place upon the fence
or railing and upon any building materials and appliances suitable
and sufficient warning lights during the periods of darkness.
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 all excess dirt, debris and other materials resulting from
their work.
In case of any emergency involving any underground
gas, water, sewer, telephone or electric facility where immediate
repair is imperative to prevent loss or damage to streets or property
or discontinuance of service, it shall not be necessary to obtain
a permit before commencing such repair, but such permit shall be obtained
within two days thereafter, and this section shall not be held or
taken in any case to exempt the person repairing such facility from
any of the provisions of this article.