No person, business or corporation shall dig
up, break, tunnel, undermine, disturb, or in any manner excavate any
Township street, road, right-of-way, sidewalk, curbing, or public
easement, or make or cause to be made any excavation in or under the
aforementioned areas for any purpose or place, or deposit, or leave
in any of the aforementioned areas any earth or other excavated material
obstructing or intending to interfere with the free use of same unless
such person shall first have obtained an excavation permit therefor
from the Township Clerk as hereinafter provided. Openings may be made
without the necessity of filing a written application and obtaining
an excavation permit only in emergencies, such as a broken or frozen
water main, gas leak, or other happening which would endanger public
life, health and safety; provided, however, that notice thereof shall
be immediately given verbally to the Township Engineer, Superintendent
of Public Works or Police Department, and written application in accordance
with this chapter shall be made within 48 hours.
No excavation permit under this chapter shall
be issued until the person, business or corporation seeking such permit
shall have first done the following:
A. Made a written application for the issuance of such
permit submitted to the Township Clerk, signed by the person making
the application or by a duly authorized agent, and containing the
following information:
(1) Name, address and telephone number of the person for
whom the work is to be performed.
(2) Name, address and telephone number of the person performing
the work.
(3) Location of the work area, including a map or sketch.
(4) An outline or plan describing the work to be performed.
(5) Number of square yards of surface to be opened.
(6) Cubic content of material to be excavated.
(7) Type of surface to be removed or disturbed.
(8) Cubic content of material to be burrowed.
(9) Date and time of commencement and estimated date of
completion with an agreement by the applicant to refill or resurface
the opening or excavation so that the street surface shall be restored
to the same condition, or better, in which it was before.
(10)
The types of proposed traffic control devices
and procedures to be utilized for the project, which devices and procedures
shall be in conformity with the guidelines set forth in the Manual
of Uniform Traffic Control Devices, current edition, hereinafter called
the "Manual."
(11)
The names and telephone numbers of at least
two persons responsible on a twenty-four-hour call basis to handle
emergency repairs for the contractor.
B. An application fee, which shall be nonrefundable, and a permit fee shall be paid to the Township of Little Egg Harbor before any permit is granted under this chapter. The application fee shall be $125 and the permit fee shall be $100 for the first 100 linear feet of opening and $50 for each successive 100 linear feet of opening thereafter, or portion thereof. In no case shall a permit be issued until the fees, the guarantees required by Subsection
C below, and proof of insurance required by Subsection
D below have been received by the Township.
[Amended 12-9-2021 by Ord. No. 2021-25; 6-8-2023 by Ord. No. 2023-15]
C. In the case of openings more than 16 square feet and
four feet deep, the applicant must furnish to the Township a cash
or surety bond, in an amount to be calculated by the Township Engineer,
to guarantee that the opening or trench made by the permittee will
be closed properly. Upon completion of the work in a satisfactory
manner, the bond or cash surety will be released in return for a maintenance
bond or cash guarantee that the road, street, or highway over the
same will remain in good condition for at least one year after the
closing by the permittee. The minimum amount of each maintenance bond
shall be 25% of the amount of the cash or surety bond, but shall not
be less than $750. A utility company may, in lieu of giving a separate
maintenance bond on each project, annually, once in January of each
year, give the Township such a bond for $5,000; provided that when
the total linear footage of openings or trenches made by such utility
company reaches 5,000 feet, such utility company may give either an
additional bond or deposit cash security in an amount equivalent to
$1 per foot of length of additional openings or trenches it desires
to make in that calendar year.
[Amended 12-9-2021 by Ord. No. 2021-25; 6-8-2023 by Ord. No. 2023-15]
D. Deliver to the Township satisfactory proof of insurance
in the minimum amount of $1,000,000 per person, and $3,000,000 per
occurrence, insuring the permittee and the Township against liability
for injury or loss sustained by any person or persons as a result
of the acts of commission or omission of the permittee, or any servants,
agents or employees of the permittee.
E. In the case of openings more than 16 square feet and four feet deep,
the applicant must furnish to the Township escrow inspection fees
so that the roadway restoration work may be inspected by the Township
Engineer. The inspection escrow shall be 5% of the calculated bond
amount, but not less than $750.
[Added 12-9-2021 by Ord. No. 2021-25; amended 6-8-2023 by Ord. No. 2023-15]
F. The Township
Engineer shall review the application for a road opening permit and
make a determination of completeness within 30 days of submission.
An application will be deemed complete when the information required
by this chapter, inclusive of the nonrefundable permit application
fee, have been received by the Township and approved for administrative
completeness by the Township Engineer. In the event an application
is deemed incomplete, the permit will be considered denied. If resubmitted
within 90 days, all previously paid fees will be credited. In no case
shall a permit be issued without compliance with this chapter.
[Added 12-9-2021 by Ord. No. 2021-25]
G. Within
30 days of the Township Engineer's determination that the application
is complete, the Township Engineer shall review submitted materials
for technical compliance with these regulations and shall advise the
Township Clerk, who will issue a permit, issue a permit with conditions
deemed to be reasonably necessary to carry out the purposes of this
chapter, (i.e., a conditional permit subject to submission of further
documents specifically required by this chapter) or decline to issue
a permit consistent with the requirements of this chapter.
[Added 12-9-2021 by Ord. No. 2021-25]
When the Township shall improve or pave any
street, the Township Clerk shall first give notice by certified and
regular mail to all persons owning property abutting on the street
about to be paved or improved, and to all public utilities and authorities
operating in the Township, and all such persons, utilities, and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation or disbursement of the street, within 90 days
from the provision of such notice. The time shall be extended if permission
is requested in writing and approved by the Township Engineer.
The Township may, at any time, revoke or annul
any permit, or extension endorsed thereon for cause, or for performing
work not in accordance with the permit granted, or for failure or
neglect to pursue the work in accordance with such permit, or for
any conditions which might prove to be dangerous or injurious to any
person or interests of the Township. Every person receiving a permit,
or any extension thereof, shall accept the same subject to the foregoing
provisions and conditions, without any liability or responsibility
attaching to the Township for any loss or damage that might result
by reason of such revocation.
Nothing contained in this article shall be construed
as requiring the issuance of a permit for the performance of any opening
or excavation by the Township or its employees.
[Amended 6-8-2023 by Ord. No. 2023-15]
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $500 nor more than $2,000,
by imprisonment for a term not to exceed 90 days, or by community
service of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense. The violation of any provision of this
article shall be subject to abatement summarily by a restraining order
or injunction issued by a court of competent jurisdiction. Nothing
in this article shall be understood or construed by any permittee
or other person to absolve any permittee or its employees, agents
or contractors of any responsibility for any damage done to any person
or property in opening or digging a trench in any public road, street,
or highway.
The permittee shall indemnify and save harmless
the Township, its officers, agents and employees from any loss, injury
or damage resulting from any negligence or fault of the permittee,
its agents, servants or employees or contractors in connection with
the performance of any of the work covered by the permit. The terms
and provisions of this article shall be deemed a covenant by such
permittee to so indemnify and save harmless the Township of Little
Egg Harbor of curb being repaired.