It shall be unlawful for any person to make
any excavation in, tear up, disturb, damage, open or in any way impair
the surface of any improved Township road or street for any purpose
without first obtaining a written permit from the Construction Official.
Applications for permits shall be made to the
Construction Official, in writing, signed by the applicant, and shall
contain the following information:
A. The name and address of the applicant.
B. The name of the street where the opening is to be
made and the street number, if any, of the abutting property.
C. The Township Tax Map block and lot number of the property
for the benefit of which the opening is to be made.
D. The nature of the surface in which the opening is
to be made.
E. The character and purpose of the work proposed.
F. The time when the work is to be commenced and complete.
G. A set of plans in quadruplicate, showing the exact
location and dimensions of all openings.
H. The name and address of the workman or contractor
who is to perform the work.
[Amended 4-16-1984 by Ord. No. 1984-2; 12-5-2019 by Ord. No. 2019-17]
Applicable fees are detailed in the universal fee chart located in §
18-2, reference number 41, of the Code of the Township of Lumberton.
[Amended 4-16-1984 by Ord. No. 1984-2]
A. The property owner for whom the street opening is
being performed and/or the contractor performing the street opening
shall be jointly and severally liable for payment of the above fees
and deposits, and both shall be responsible for satisfactory backfilling
and street surface restoration. It shall be the responsibility of
the Construction Official to estimate the total number of square yards
which may be excavated and determine the deposit therefor. Upon completion
of the backfilling and surface restoration procedure and a satisfactory
inspection thereof by the Superintendent of Public Works, the Construction
Official is authorized to release the balance of the performance guaranty
held under § 250-3B above. Should the property owner and/or
contractor not backfill and resurface the street in a manner deemed
satisfactory to the Superintendent of Public Works, the Township may
make the necessary repairs to restore the roadway to its original
condition and deduct the cost thereof from the performance guaranty
funds on deposit and return the balance remaining, if any, to the
property owner and/or contractor.
B. The maintenance guaranty of $100 under § 250-3C
shall be held by the Township in escrow for a one-year period from
the date of the backfilling and resurfacing of the street, as a guaranty
that any subsequent settling or other surfacing restoration problems
will be corrected by the property owner and/or contractor. Should
the backfilling and surfacing procedure be determined at any time
during the one-year period to be unsatisfactory by the Superintendent
of Public Works, the Township shall make the necessary repairs in
order to restore the roadway to its original condition and shall cause
the cost of such repairs to be charged against the property owner's
and/or contractor's maintenance deposit. Upon expiration of the one-year
period and inspection by the Superintendent of Public Works and if
said backfilling and surfacing restoration procedure is found to be
satisfactory, the Construction Official is authorized to release the
maintenance deposit under § 250-3C above to the property
owner and/or contractor.
[Amended 4-16-1984 by Ord. No. 1984-2]
If any guaranties on deposit are insufficient
to pay for the costs of proper backfilling and resurfacing of the
street, the property owner and/or contractor shall be liable for and
shall make additional payments to the Township as determined to be
necessary by the Construction Official on the recommendation of the
Superintendent of Public Works.
[Amended 4-16-1984 by Ord. No. 1984-2]
When it is deemed unnecessary by the Township
Engineer to excavate by breaking the surface of the road or street
and the result can be obtained by driving pipe under the street, the
nonrefundable application fee required above shall be paid. The property
owner and/or contractor shall be liable for any damage to the street
surface resulting from this procedure.
[Amended 4-16-1984 by Ord. No. 1984-2]
All applicants for a street opening permit shall
notify the Township Superintendent of Public Works 24 hours before
a street opening is ready for backfilling, and the Township Superintendent
of Public Works or his designated representative shall have the right
and it shall be his duty to inspect said street opening and be present
to inspect the backfilling and street surface restoration procedure.
No backfilling material, base material or surface material shall be
placed in the opening until 24 hours after said notice has been given.
All permits issued under this Article shall
be subject to the following rules and regulations.
A. All excavations shall be kept properly barricaded
at all times and during the hours of darkness shall be provided with
proper warning lights. This regulation shall not excuse the permittee
from taking any other precaution reasonably necessary for the protection
of persons or property.
B. All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No street
shall be closed to traffic unless the closing is approved by the Chief
of Police. The Police Department shall be informed of all street closings
at least 24 hours in advance, except where the work is of an emergency
nature when notice shall be given to the Police Department when work
commences.
C. No excavation or driving under the street shall be
allowed to be done where street asphalt, bituminous concrete, bituminous
macadam, brick or concrete surface exists except in the presence of
the Township Engineer or his authorized agent.
D. No greater part of any street shall be opened than
shall be allowed by the Construction Official.
E. No person shall place any stone, earth, ashes, boards,
tile or other pipe or any other material in or upon any street so
as to interfere with the flow of water along the gutters of the street.
F. If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
[Amended 4-16-1984 by Ord. No. 1984-2]
The backfilling of trenches shall be performed
by the owner and/or contractor making the opening in the following
manner and under the supervision of the Township Engineer or Superintendent
of Public Works. All excavations shall be completely backfilled by
the permittee and shall be compacted by tamping or other suitable
means in a manner prescribed by the Township Engineer and Superintendent
of Public Works. The trench shall be backfilled to six inches below
the road surface with cinder, coal or other materials approved by
the Township Engineer or Superintendent of Public Works, which shall
be placed in layers not exceeding six inches in depth and thoroughly
compacted to a depth of six inches below the level of the street.
Cold patch shall complete the backfilling to raise the surface to
street level. After 30 days, the permittee shall remove the cold patch
and backfill material to a depth of eight inches, fill with six inches
of concrete and, after curing of said concrete, apply two inches of
FABC to bring the roadway surface to its original grade.
[Amended 8-3-1992 by Ord. No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under §
1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this article, state law shall apply.