A.
It shall be unlawful for any person to cut, break
into, excavate or open any street (improved or unimproved) of the
Township without first securing a permit from the Township Clerk as
required herein.
B.
A street opening permit is required when any of the
following occur:
(1)
Excavation, including the digging, displacing, undermining,
opening, boring, tunneling, auguring, or in any manner breaking up
any street sidewalk, curb, or area within the Township right-of-way.
(2)
Excavation in/or under the surface of any street,
installation of any street improvements, construction, removal or
alteration of any improvements which are located within the right-of-way
or public access (sidewalk).
(3)
The placement or deposition within the right-of-way
of mulch, stone, brick, block, dense graded aggregate or excavated
material which obstructs the intended flow of stormwater or public
access (sidewalk).
(4)
Any other action which interferes or disturbs the
surface of the streets or improvements within the Township right-of-way.
No person to whom a permit has been granted
shall perform any work in any amount or quantity greater than that
specified in the permit, except that upon the approval of the Township
Engineer and/or Township Superintendent of Public Works, additional
work may be done under the provisions of the permit in any amount
not greater than 10% of the amount specified in the permit. Any deposit
deposited in connection with the original permit shall be deemed to
cover any such additional work as may be approved pursuant to this
section within the limit mentioned herein.
Work for which a permit has been issued shall
commence with 45 days after the issuance of the permit thereof. If
not so commenced, the permit shall be automatically terminated. Permits
thus terminated may be renewed upon the payment of an additional permit
fee as originally required.
No openings shall be done on weekends, Township holidays, or outside the normal working hours of 7:00 a.m. to 3:30 p.m. without the written permission of the Township Engineer and/or Township Superintendent of Public works unless in case of emergency. Failure to provide notice as required under § 134-5 may result in revocation of the permit and issuance of a stop-work order. If special conditions require work on the weekend, night, or Township holidays, the permittee shall obtain written approval of the Township Engineer and/or Township Superintendent of Public Works for all overtime costs incurred for inspection of work.
With the exception of an emergency, no permits
will be issued for road openings between December 15 and March 15
or where conditions exist due to severe weather, freeze, frost, etc.
without written permission from the Township Engineer and/or Township
Superintendent of Public Works.
Permits are not transferable from one person
to another and the work shall not be made in any place other than
the location specifically designated in the permit.
Every permit shall expire at the end of the
period of time which shall be set out in the permit. If the permittee
shall be unable to complete the work within the specified time, he
shall, prior to expiration of the permit, present in writing to the
Clerk a request for an extension of time, setting forth therein the
reasons for the requested extension. If such an extension is necessary,
and not contrary to the public interest, the permittee may be granted
additional time by the Township Clerk for the completion of the work
upon recommendation of such extension by the Township Engineer.
The provisions of this chapter shall not be
applicable in those instances where the highway is maintained by the
State of New Jersey or by the County of Gloucester, except in such
cases where the Township may have special arrangements with the state
or county.
A.
Any permit may be revoked by the Township Council,
after notice to the permittee, for:
(1)
Violation of any condition of the permit or of any
provision of this chapter.
(2)
Violation of any provision of any other applicable
ordinance or law relating to the work.
(3)
Existence of any condition or the doing of any act
constituting or creating a nuisance or endangering the lives or properties
of others.
B.
Written notice of any such violation or condition
shall be served upon the permittee or his or her agent engaged in
the work. The notice shall contain a brief statement of the grounds
relied upon for revoking the permit. Notice may be given either by
personal delivery thereof to the permittee or by certified or registered
United States mail addressed to the permittee.
C.
A permittee may be granted a period of 48 hours from
the date of the notice to correct the violation and to proceed with
the diligent prosecution of the work authorized by the permit before
said permit is revoked.
D.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Township shall cause such
work to be done as may be necessary to restore the street or part
thereof to as good a condition as before the opening was made. All
expenses incurred therein by the Township shall be recovered from
the deposit the permittee has deposited with the Township.
