The following words used in this article shall have the meanings
ascribed to them in this section, except in those instances where
the content clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
PERMITTEE
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
STANDARD SPECIFICATIONS
The New Jersey State Highway Department Standard Specifications
of Road and Bridge Construction 1961 and current addendum.
It shall be unlawful at any time for any person to cut, break,
excavate or open any street of the Township, or any portion thereof,
including, but not limited to, pavement, curbing, or sidewalk, for
the purpose of installing, replacing, maintaining and repairing underground
facilities, or for any other purpose, without first making a written
application to the Township Clerk and receiving a permit for such
work.
Upon certification by a duly adopted resolution of the Township
Council, upon the completion of the construction, reconstruction,
maintenance, resurfacing or other like or similar activity upon a
roadway or a byway with the Township, the Township Council may, by
resolution, provide that a road opening permit shall not be authorized
or allowed to be issued for a specified period of time, not exceeding
five years, in order to preserve and protect the interests of the
Township in such roadway or byway.
In addition to the above deposit, the applicant shall pay a cash, nonreturnable inspection fee as specified in §
150-10.
[Amended 9-25-2012 by Ord. No. 2012-14]
A. When the amount of the deposit as determined under §
306-5 above would exceed $1,000, the applicant may, at his or her option, furnish a guarantee bond for the full amount of such deposit instead of making the required deposit. Such bond shall unconditionally guarantee that the applicant will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the Township.
B. Public
utilities shall post one blanket bond to cover all road openings that
they apply for which are under 20 square yards, in lieu of posting
separate guarantee bonds for each road opening under 20 square yards.
The amount of this blanket bond shall be determined by Township Council.
Any person making any opening or excavation in any street in
the Township shall carry out the work as expeditiously as possible
and in such manner as to cause the least public inconvenience and
to permit the use of the sidewalk by pedestrians, the roadway by vehicles
and the flow of water along the gutters.
All openings, diggings, excavations, equipment and barricades,
including earth, dirt and stone or other materials removed from the
excavation, shall be carefully guarded at all times to prevent accidents,
and a sufficient number of lighted lanterns, flares or torches shall
be maintained between sunset and sunrise by the contractor, or person
to whom such permit has been granted, to designate such openings or
obstruction during the hours of darkness. Where any excavation or
trench is to extend across any road or street, only 1/2 of the same
shall be made at one time, and it shall be properly backfilled before
the other 1/2 is excavated so as not to interfere with traffic.
All existing pavements, road surfaces, sidewalks, curbs, gutters,
pipes, manholes, drains, conduits or other installations or fixtures,
and property liable to be injured, damaged or destroyed shall be properly
protected by the person doing any work for which a permit has been
granted during the time when such work is being performed.
In the event that the permittee shall fail to properly compact
backfill or restore with a temporary patch in accordance with the
terms of this article and within the time set forth in the application,
the Township may use such portion of the deposit as may be necessary
to properly complete this work.
In the event of an emergency where circumstances will not warrant
delay to first secure a street opening permit, a street may be opened
without a permit, provided that such opening shall be confined in
size to the area necessary to take care of the emergency. A street
opening permit for such emergency opening, plus any additional area
that it may be necessary to open, shall be secured before the close
of business on the next business day of the Township following the
opening. Each day's delay in securing the street opening permit
following an emergency street opening shall be deemed a distinct and
separate violation of this article.