As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
The person applying for a permit to open up a Township road.
PERSON
Includes individual, firm, partnership, association and corporation.
The person or applicant shall provide the Jefferson
Township Police Department with at least two emergency contact phone
numbers to be called in case of emergency problems at the construction
or maintenance site prior to the start of any work. If, for any reason,
emergency contacts cannot be reached or if the emergency contact person
does not respond to a call from the Police Department to correct a
hazardous condition, the Township may respond to correct such hazardous
condition. The reasonable fees for such emergency services by the
Township shall be charged to the person, contractor or utility responsible
for such condition.
Upon receipt of an application, the Director
of the Department of Public Works or the Township Engineer shall prepare
an estimate setting forth the amount required to restore the road
to its original condition after the same has been opened in accordance
with the application and shall provide the applicant with a copy of
said estimate.
Prior to the issuance of a permit, the applicant
shall post with the Director of Public Works a performance guaranty
equal to 120% of the estimate for the restoration of the roadway as
prepared by the Director of the Department of Public Works or Township
Engineer. Said performance guaranty shall be paid in cash, bank or
certified check or a letter of credit issued by a commercial lending
institution doing business within the State of New Jersey. In the
event that the applicant fails to restore the road to its original
condition following installation of the utility within the time set
forth in the application, the Township may use the proceeds of said
guaranty to pay the cost of restoring said road, and any amount in
excess of said costs shall be returned to the applicant. No performance
guaranty shall earn any interest nor shall the applicant be entitled
to any interest. In the event that the applicant does restore said
road to its original condition within the time set forth in said application,
the Township shall return the full amount of said guaranty to the
applicant.
[Amended 9-1-2004 by Ord. No. 28-04]
The applicant, prior to the issuance of a permit,
shall certify that he has in effect such public liability and property
damage insurance as shall protect him and the Township of Jefferson
from any and all claims for damages for personal injury as well as
claims for property damage which may arise from the work to be carried
out under the permit. The applicant may satisfy such requirement by
issuing to the Township a certificate of insurance naming the Township
as an additional insured. Each policy of insurance shall have a minimal
coverage of $500,000 for bodily injury and $100,000 for property damage.
Road closings and/or traffic detours shall not
be permitted unless approved by the Chief of Police of the Jefferson
Township Police Department or his designee.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Jefferson Township Police
that same is necessary to provide for the safety and expeditious movement
traffic.
The Chief of Police, Township Engineer or Assistant
Township Engineer or his designee shall have the authority to stop
work, including the removal of equipment and vehicles, stored material
within the street right-of-way, backfilling of open excavations and/or
other related work, in order to abate any nuisance, delay and/or safety
hazard or for any violation of this section.
Notwithstanding the provisions of this chapter,
any person may open up any Township road to repair any utility, provided
that it is an emergency and any delay in obtaining the required permit
would result in endangering the health and general welfare of the
citizens of the community; provided, however, that a permit, as required
herein, is obtained within 12 hours after the emergency is discovered
by the person making the opening and all other requirements of this
chapter are complied with.
Any person who shall violate any of the provisions
of this chapter shall be subject to a fine not exceeding $500 or imprisonment
in the county jail for a term not exceeding 90 days, or both.