[Adopted 11-5-1958 by Ord. No. 330; amended in its entirety 11-1-1994 by Ord. No. 1208]
[Amended 6-24-2014 by Ord. No. 1743]
It shall be unlawful for any person, firm, association, or corporation, whether public, private or municipal, except for the Township of Wyckoff, to excavate, dig, test drill, tunnel, construct, reconstruct, or otherwise disturb any public street, roadway, curb, sidewalk, grass area, bridge, culvert, or other public improvement located within the right-of-way lines of any public street of the Township of Wyckoff without having first obtained a written permit from the Township Engineer in accordance with the rules, procedures and specifications set forth herein. However, in the event of an emergency, where repairs to existing underground facilities must be made immediately and where a permit could not reasonably and practically have been obtained in advance, and the health, safety and welfare of the public may be adversely affected, then, in that event, the opening may be made to correct the condition giving rise to the emergency without making prior application for a permit. The person in charge of said repair shall immediately apply for a permit in accordance with this article on the first regular business day on which the Township is open for business following the emergency.
[Added 6-24-2014 by Ord. No. 1743]
A. 
It is not intended to require a permit for opening or excavating within any county or state roadway for which a permit has been obtained from the proper jurisdiction.
B. 
A right-of-way opening permit shall be valid for an effective period not to exceed 30 consecutive calendar days. Such effective period may be extended by the Township Engineer for an additional 30 days if requested in writing by the permittee prior to the expiration thereof and if, in the opinion of the Township Engineer, the granting of such an extension will not result in any adverse public condition which could otherwise be avoided by performing the work at another time.
C. 
Right-of-way opening permits shall not be issued between December 1 and April 15 unless emergency conditions exist and as approved by the Township Engineer.
D. 
No work to be performed under a permit shall be performed on Saturdays, Sundays, or holidays except with prior approval by the Township Engineer or in the event of an emergency. Work hours for work performed within the public right-of-way shall be Monday through Friday, 7:00 a.m. to 4:00 p.m.
E. 
The permittee shall notify the Township Engineer and the Police Department not less than 48 hours in advance of performing the work, except in the event of an emergency. Prior to obtaining the permit, the permittee shall submit a traffic control/detour plan and obtain approval by the Police Traffic Control Officer.
F. 
Newly constructed or resurfaced roadways shall not be permitted to be opened for a period of five years unless an emergency affecting public health, safety and welfare exists. Waivers of this condition may only be granted by the Township Engineer, which may reasonably impose additional conditions to the requirements of the permit which may include full curb-to-curb restoration per Township standards.
G. 
Permittees shall be responsible for complying with the Manual of Uniform Traffic Control Devices and the requirements of the Wyckoff Police Department. All road openings must be coordinated with the Wyckoff Police Department Division of Traffic Safety at least 48 hours in advance. All costs for police traffic safety officers shall be borne directly by the permittee and billed by the Police Department. The permittee may be required to post escrow monies with the Township prior to obtaining a permit to cover the cost of anticipated traffic control officers.
H. 
Roadway work shall be performed using rubber-tire or rubber-track machinery unless approved otherwise by the Township Engineer.
I. 
The work site shall remain clean and free of all dust and debris. Excavated material shall not be placed or stockpiled on the roadway.
J. 
No trench shall remain open beyond the daily work hours. The Township Engineer may permit excavations to remain open in circumstances where work cannot be completed during normal working hours, provided that said openings are properly plated so as not to interfere with the flow of traffic or endanger the public.
K. 
Construction equipment and materials shall not be left on the street overnight unless special permission is granted by the Township Engineer in writing.
L. 
The permittee must comply with stormwater management control measures for protecting the municipal stormwater collection system as directed by the Township Engineer and/or the Bergen County Soil Conservation Service. Failure to maintain soil control measures will result in intervention by the Township Public Works Department on an emergency basis at the expense of the permittee. The Township Engineer may issue a stop-work order until all said measures are corrected.
M. 
Inspection required before backfilling. No backfilling shall be done by the permittee until the work being done under the permit shall have first been inspected and the backfilling authorized by the Township Engineer or his designee. In case of nonconformity with this requirement, the Township Engineer shall have the right to require that the work be uncovered by the permittee, at the permittee's own expense, so that proper inspection may be made.
It is the intention of this article to regulate and control the excavation of pavement within the right-of-way to change the grade of the area of the right-of-way between the edge of pavement and the right-of-way line, the type and grade of any driveway construction and the construction, alteration or repair of any street or curb. It is not intended to require a permit for opening or excavating any county road for which a permit has been acquired from the proper county authority or for any owner or tenant to seed, fertilize or maintain the area between his property line and the edge of pavement or curb.
As used in this article, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
ADMINISTRATOR
The Township Administrator or a designee.
APPLICANT
Any person who makes application for a permit.
CONTRACTOR
A person who performs work or supplies materials on behalf of the owner or public utility.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to Township properties.
ENGINEER
The Township Engineer or an authorized deputy, representative or inspector.
OPENING
Any excavation, tearing up or disturbance of the surface of any street or public right-of-way.
PERMITTEE
Any person who has been issued a permit and is obligated to fulfill all of the terms of this article and any other person opening any street within the Township.
PERSON
Any natural person, partnership, firm, association, utility, corporation, contractor or authority created pursuant to statute. Whenever used in any section prescribing and imposing a penalty, the term "person," as applied to associations, shall mean the partners or members thereof and, as applied to corporations, the officers and directors thereof.
PUBLIC UTILITY
Any entity defined in N.J.S.A. 48:2-13 and subject to regulations by the Board of Public Utilities.
STREET
A public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township and any state or county road over which the Township may have acquired jurisdiction by agreement or applicable law or other special management, and shall also include the public sidewalk. The provisions of this article shall not be applicable in those instances where the highway is maintained by the State of New Jersey or by the County of Bergen, except in such cases where the Township may have special arrangements or shared jurisdiction with the state or county.
[Amended 6-24-2014 by Ord. No. 1743]
Application for a permit under this article shall be made to the Township Engineer. No permit shall be issued unless the Township Engineer shall have approved the application. Upon receipt of a completed application, the Township Engineer shall have a minimum of 10 business days to review the application prior to issuing a right-of-way opening permit. The applicant must submit an application in writing on the form provided by the Township of Wyckoff, signed by the applicant performing the work. Application for a right-of-way opening permit for work to be performed for a utility shall be made by the utility, and such permit shall be issued to the utility and not to the contractor. A separate application shall be made and a separate permit issued for each individual opening requested by the applicant.
A. 
The name, address and telephone number of the applicant and the name, address and telephone number of an employee or officer of the applicant who shall act as liaison between the Township and the applicant for purposes of the application and the work performed pursuant to any permit issued hereunder.
B. 
The location of the property.
C. 
The size of the opening.
D. 
The purpose of the opening.
E. 
The exact location in the street by diagram.
F. 
The period of time required to complete the work and to restore the street.
G. 
A performance guaranty in favor of the Township in an amount as determined by the Township Engineer, but not less than $250, in accordance with § 165-19 herein. Ten percent of the performance guaranty shall be in the form of a cash deposit.
H. 
A signed statement by the applicant agreeing to perform the work for which the permit is granted strictly in accordance with the conditions of the permit and Wyckoff Code Chapter 165, Article III.
I. 
A list of all federal, state or local government agencies having jurisdiction thereover and, if such agencies require approval, state whether such approval has been obtained and attach a copy of such approval, if obtained, and, if not obtained, a statement as to the reasons for the lack of approval.
J. 
A signed statement by the applicant and/or contractor which shall indemnify and hold harmless the Township of Wyckoff, the Township Committee and any of its officers, agents, employees and representatives from any and all liability for damages, for injury to person or property, including death, and against and from all suits and actions and all costs and damages and charges of whatsoever kind and nature, including attorney's fees which the Township may incur on account of any injury to any person or property resulting from the performance or conduct of the applicant's and/or contractor's operations or by or in consequence of any act or neglect or omission on their part in the performance of operations, whether such conduct or operations shall be by the applicant and/or contractor or their representatives. A form of indemnification agreement approved by the Township Administrator and Attorney shall be executed by the applicant and/or contractor. The contractor shall also hold the Township and/or its representatives harmless for any damages to the contractor's equipment utilized in performance of the installation.
K. 
A certificate of insurance in accordance with § 165-15.
L. 
A dig number for markouts by utility companies. The number shall be indicated on the permit application. The applicant also shall be responsible for utility locations that are not covered by the dig number call system.
A. 
Before a permit for any excavation below pavement grade will be issued, the applicant and/or contractor must furnish the following certificates:
(1) 
Workers' compensation: Part Two Statutory Coverage.
(2) 
Comprehensive general liability.
(a) 
Minimum limits: $1,000,000 per occurrence/$2,000,000 aggregate.
(b) 
Coverage to include:
[1] 
Premises/operations.
[2] 
Independent contractors.
[3] 
Products/completed operations.
[4] 
Contractual.
[5] 
Personal injury.
[6] 
Broad form property damage.
(c) 
The Township shall be named as an additional insured for explosion, collapse and underground property damage. Where blasting activities are conducted, the blasting contractor shall supply a certificate of insurance providing a minimum of $10,000,000 comprehensive general liability insurance coverage.
(3) 
Automobile coverage. Minimum limits: $1,000,000 combined single limit covering owned, hired and nonowned vehicles.
B. 
The certificate of insurance shall designate the Township of Wyckoff as a named additional insured and shall contain a 30 days' notice of cancellation whereby the Township Clerk will be provided with a written notification of cancellation.
C. 
It is understood and agreed the contractor is an independent contractor and not an employee of the Township of Wyckoff.
D. 
Programs of self-insurance are not acceptable except for public utilities. An acceptable insurance company shall have received an AM BEST rating of A or better and shall be an admitted carrier licensed in the State of New Jersey.
Any application for a permit for excavation or fill to be made between the edge of the pavement and the right-of-way line shall be accompanied by a sketch, drawn to scale, showing existing and proposed grades. Such grades and grades of driveways shall be in accordance with construction details adopted by the Township. No variance from such details shall be permitted unless the same is approved by the Township Engineer.
Any curb or sidewalk constructed shall be in accordance with standard details of the Township. Any curb to be depressed for a driveway opening shall be completely removed and reconstructed. No such opening shall be in excess of 12 feet in width without approval from the Township Engineer.
Any drainage facility, whether operating by gravity flow or pumped by mechanical means, which originates within a building or structure and connects into a public drainage facility within a right-of-way or easement of the Township of Wyckoff shall contain a check valve or other backflow prevention device approved by the Township Engineer. Said valve or device may be located at any point in the drainage pipe, provided that the same is outside said building or structure.
[Amended 6-24-2014 by Ord. No. 1743]
No person, firm, corporation or contractor shall be granted a permit to open any street until there shall be deposited with the Township Clerk an amount sufficient to cover the cost of repairing and replacing such public street. The amount of the performance guaranty and cash portion thereof shall be determined by the Township Engineer in a form approved by the Township Attorney. The amount of the performance guaranty shall not exceed 120% of the cost of installation of the improvement as verified and/or estimated by the Township Engineer. The applicant and/or contractor shall also furnish a cash maintenance guaranty, to be posted with the Township Clerk for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement or the sum of $500, whichever is greater. The cash deposit requirement may be waived by the Township Engineer where a public utility furnishes the satisfactory performance guaranty in accordance with the provisions of § 165-24 herein. Upon expiration of the two-year period, the applicant shall submit a written request for return of the maintenance guaranty.
[Amended 6-24-2014 by Ord. No. 1743]
The applicant and/or contractor shall reimburse the Township for reasonable inspection fees as determined by the Township Engineer for inspections to be performed from the time any right-of-way is opened until the final restoration has been performed. The initial minimum inspection fee of $100 for up to two site inspections and $137 per hour, for any additional inspections, or the current rate as approved annually by the Township Committee, is required under the same permit. Depending on the size and scope of the work performed under the permit, the Township Engineer may calculate and require an escrow deposit to cover the cost of inspections performed by the Township Engineer or Township's consultant at the current rate charged to the Township for said inspection.
[Amended 6-24-2014 by Ord. No. 1743]
A. 
In performing the excavation, the permitee shall preserve the roadway from needless destruction and shall cause the excavation, installation or repair of utility and backfilling to be completed in one continuous operation. In opening of the pavement, the permittee shall use sufficient equipment to provide a neat and smooth edge to finish. A street saw or other appropriate cutting instrument shall be used in opening the pavement.
B. 
The permittee shall maintain safe crossing along the line of opening and keep the same properly guarded with suitable barricades and warning signs during the daytime and with barricades and lights at nighttime.
C. 
If excavation shall extend the full width of the road, only half of the road shall be opened and backfilled before the other half is opened and backfilled, or the installation of temporary steel plates shall be properly anchored to the satisfaction of the Township Engineer so as to permit a free flow of traffic. It shall be the responsibility of the permittee, prior to the commencement of work, to notify the Wyckoff Police Department and to comply with the requirements of the Wyckoff Police Department for the maintenance of normal flow of traffic and protection of both vehicular and pedestrian traffic from possible accident or injury. The permittee shall also post sufficient warning and/or caution signs in accordance with the provisions of Title 39 of the Revised Statutes of New Jersey, as amended and supplemented, and in accordance with the Manual of Uniform Traffic Control Devices (MTUCD), and shall otherwise exercise due care in the performance of the work; and access shall be provided for emergency vehicles such as fire and police vehicles or ambulances at all times.
D. 
Notices to property owners and tenants. If the work to be undertaken is such that it will affect the use of properties abutting or adjoining the project or any subsurface installations in the vicinity of the proposed opening, then the permittee shall serve each owner and/or tenant of such properties or subsurface installations, personally or by certified mail, return receipt requested, with a notice at least five days prior to the date the work is to commence describing the work, its start and completion date and the location and size of the opening.
E. 
Tunneling. Underground tunneling or mechanical methods of boring or sleeving shall be permitted in accordance with the requirement of the Township Engineer. However, tunneling is required under sidewalks and driveways less than 25 feet wide for utility mains less than four inches in diameter. This requirement may be waived by the Township Engineer if it is demonstrated that tunneling or the use of mechanical moles cannot operate in the existing ground conditions.
F. 
Backfilling. Backfilling must be completed using quarry process stone or dense graded aggregate (DGA) mechanically compacted in twelve-inch lifts for the full depth of the trench. Sandstone shall be utilized around water copper services, PVC pipe and other utilities in order to protect the pipe when necessary. This sand shall be compacted and shall not be greater than one foot above the utility. The remainder of the trench, however, must be backfilled with quarry process stone or DGA as specified above to minimize settlement. All excess materials shall be removed from the roadway during operations. Ninety-five percent of compaction of backfill material is required. The permittee shall provide notice to the Township Engineer at least 24 hours prior to the commencement of backfilling or shall supply a licensed engineer's certification that backfilling was performed and completed in accordance with Township specifications.
G. 
Final and permanent pavement of road sewer main opening trenches and other trenches, as determined by the Township Engineer, shall extend from edge of pavement to edge of pavement (full roadway surface width) in accordance with specifications and standards of the Township of Wyckoff. This requirement shall also apply to the opening of Township and county roads located in the Township of Wyckoff when sewer construction is performed, unless a waiver is granted by the Township Committee.
H. 
Temporary asphalt pavement (cold patch) shall be permitted only during winter months when hot-mix asphalt is not practical or readily available or during emergency work where materials may not be readily available. Temporary pavement shall consist of "asphalt cold patch" material placed not less than three inches thick and mechanically compacted immediately following an emergency repair; and if temporary pavement is not available, quarry process stone may be permitted to grade if approved by the Township Engineer. In such emergency conditions, the trench must be temporarily restored with asphalt material as soon as possible after the emergency repair is complete. The permittee shall be responsible for the maintenance of the temporary asphalt until conditions permit permanent restoration to be performed as approved by the Township Engineer.
I. 
Permanent restoration of roadway surface course above the street opening shall be completed not sooner than three months from the date of installation of the temporary pavement and as approved by the Township Engineer.
J. 
Prior to the installation of the permanent pavement, the subgrade shall be properly prepared and the existing pavement neatly cut back a minimum of 12 inches from the edge of the trench or pavement damage in a straight line with vertical faces free of foreign matter. A tack coat shall be applied to the vertical faces of the existing pavement prior to the placement of the patch material. In lieu of cutting the pavement prior to the installation of permanent pavement, milling shall be permitted. For trenches greater than three feet from the edge of road, surface restoration shall extend to the edge of the pavement or curb as directed by the Township Engineer.
K. 
Permanent restoration shall be as shown on the road restoration detail and shall consist of a bottom course of bituminous stabilized base, Mix I-2, placed at a compacted thickness of four inches, and a surface course of bituminous concrete, Mix I-5, placed at a compacted thickness of two inches. The placement of six inches of I-2 stabilized base may be installed in two three-inch lifts level with the existing roadway surface and then milled two inches prior to placement of the final two-inch I-5 surface course. Infrared technology may be used in lieu of milling, sawcutting and joint sealing when a minimum six-inch-thick base course has been installed in the road opening. All stabilized base material within the trench plus 12 inches' surrounding edge shall be heated and raked to a depth of one inch. All raked material shall be discarded and replaced with hot I-5 bituminous concrete and rolled smooth. All utility road openings other than continuous trenches shall be restored as listed above, with the exception that the final asphalt shall be restored using infrared pavement technology.
L. 
All pavement restoration, both temporary and permanent, shall be constructed in accordance with the applicable specifications of the Township of Wyckoff's road construction standards and this article.
M. 
The top or surface course of the pavement shall be level with the grade of the surrounding pavement when it is compacted. The joint between the patch and the existing pavement shall be sealed with an asphalt emulsion.
N. 
If cross trenches are located less than 25 feet apart, the entire roadway, beginning at a point three feet prior to the trench and running to a point three feet beyond the trench, shall be resurfaced.
O. 
Milling shall be performed in accordance with the requirements of the Township Engineer based upon conditions and elevations of the existing surface of the street, curb face, drainage characteristics and bonding with the permanent pavement such that unraveling of new permanent pavement will not occur. Millings shall be disposed of by the permittee or recycled, and tonnage thereof shall be reported to the Municipal Recycling Coordinator.
A. 
For a period of two years after restoration, the permittee shall be responsible for the street opening and is required to backfill and continue to backfill the opening as necessary for traffic safety in accordance with the requirements of the Township Engineer. During the two-year period, upon receiving notice from the Township Engineer, the permittee shall repair the opening.
B. 
In the event that the permittee fails to adequately maintain temporary restoration or to properly maintain the permanently restored pavement for the two-year maintenance period, the Township Engineer, upon 24 hours' written notice to the permittee, shall direct the Township to undertake corrective operations, charging the cost thereof against the cash deposit or performance guaranty furnished to the Township. Variation of the temporary surface by more than one inch or the permanently restored surface by more than 1/2 inch from the original or correct contour of pavement shall be considered to be a condition requiring repair. In the event that such variation exceeds three inches total in any place or results in a slope greater than 15% of the normal or proper plane of the pavement, the conditions shall be considered hazardous to the general safety, and temporary repairs shall be made under the direction of the Township Engineer if not made within 24 hours after verbal notification by the Township Engineer to the permittee. The cost of such repairs shall be charged against the cash deposit or performance guaranty furnished by the applicant. Should the cost exceed the cash deposit and/or performance guaranty, the amount thereof shall be charged against the permittee. In the event that the cash deposit or performance guaranty shall be reduced to less than 1/2 of the original sum, the applicant shall restore the deposit to its original amount within three days from receipt of written notice by the Township Engineer. Any deposit balance remaining with the Township after completion of the maintenance guaranty period shall be refunded to the permittee upon submission of a voucher to the Township, approved by the Township Engineer.
[Amended 6-24-2014 by Ord. No. 1743]
The fees to be paid to the Township for permits shall be as follows:
A. 
Driveway apron reconstruction, sidewalk repair or replacement and opening of the unpaved portion of the right-of-way between the curb and property line: $25.
B. 
Fee for issuance of permit for street opening involving pavement, curb repair or installation, or utility work: $100.
[Amended 6-24-2014 by Ord. No. 1743]
A. 
Performance and maintenance guaranty. Any public utility authorized by law to install or repair underground pipelines or conduits in the Township shall file other satisfactory performance guaranties in favor of the Township in the sum of $10,000. The performance guaranty shall be approved as to form and surety by the Township Attorney and filed with the Township Clerk. The performance guaranty shall be conditioned upon:
(1) 
Indemnification of the Township for the cost of temporary and permanent restoration to the same condition as before work was commenced of any street or portion thereof that may be opened by the company. The performance guaranty shall provide that it is a continuing obligation for the full amount thereof for each opening made and the repair thereto.
(2) 
The repair of any defects in the restoration which may appear within two years of such opening.
B. 
Permit. At least 10 business days before the opening of any street, a public utility company, except in emergencies, shall apply to the Township Engineer for a permit to open a street. The application shall describe with reasonable certainty the proposed street opening and the purpose for which it is to be made.
C. 
In an emergency, nothing in this section shall prevent any opening by a public utility company where immediate repairs would be necessary in order to prevent escaping gas from becoming a hazard to the public. In the case of emergency openings, the permit required in Subsection B shall be obtained from the Township Engineer within 48 hours after such opening is made and shall clearly state the date, time and nature of emergency requiring the road opening. Emergency conditions shall not absolve the utility contractor from complying with all trench restoration standards contained herein.
D. 
Whenever a public utility, having filed such a performance guaranty and while it is in full force and effect, requests the issuance of a street opening permit, the Township Clerk shall charge a fee in the amount of $100 for each such street opening, to be billed monthly by the Township Clerk.
E. 
Any public utility, during the period when the performance guaranty is in full force and effect, shall be exempt from the requirements of § 165-15; excepting, however, that in lieu of filing a certificate of insurance as required herein, the public utility shall furnish a letter certifying that it is self-insured in the amount required under § 165-15 and that it is exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the New Jersey statutes.
F. 
Waiver of fees. The Township Committee reserves the right to waive any and all fees for public utility companies working in the Township. The waiver may be granted after written application of a public utility to the Township Committee and shall be considered on a case-by-case basis for good cause shown.
G. 
Nontransferability. Permits issued under this article are not transferable from one person to another, and the work shall be carried out only at the location specifically designated on the permit.
[Added 9-2-2025 by Ord. No. 2047]
A. 
Purpose. The purpose of this section is to regulate the placement, replacement, and removal of utility poles and to promote underground utility service in the public right-of-way, thereby minimizing visual clutter, enhancing public safety, and reducing redundant or unnecessary utility infrastructure.
B. 
Definitions. For the purposes of this section:
ADA RAMPS
Depressed curb cuts constructed in accordance with the Public Right-of-Way Accessibility Guidelines (PROWAG, 36 CFR Part 1190).
JOINT POLES
Utility poles used jointly by two or more utilities. The utility last to remove its infrastructure shall be responsible for pole removal and site restoration.
RESPONSIBLE UTILITY
The last entity to transfer infrastructure from a utility pole.
UTILITY POLE
Any pole installed in the public right-of-way to carry or support wires, conduit, cabling, or related infrastructure.
C. 
Permit and contact requirements.
(1) 
Any public utility or other entity intending to place, replace, or remove utility poles in the public right-of-way shall obtain a street opening permit pursuant to Article III of this chapter.
(2) 
Within 30 calendar days of the adoption of this section, all such utilities shall furnish the Township Engineer with contact information for a responsible person or department within their organization. This contact shall be the designated liaison for all pole-related matters within the Township, including placement, replacement, removal, and coordination with third-party users of the pole. Pole owners must promptly update the Township in writing of any changes in this contact information.
(3) 
All entities with infrastructure attached to utility poles located within the Township right-of-way — whether or not they own the pole — including but not limited to cable providers, telecommunications companies, electric utilities, and private fiber networks, shall provide the Township Engineer with the name, telephone number, and email address of a responsible contact for addressing pole-related issues such as hanging or downed wires, code violations, or public safety hazards. This requirement applies regardless of ownership or primary use of the pole. Contact information shall be updated annually or upon personnel change, whichever comes first.
D. 
Installation and removal requirements.
(1) 
Pole placement standards.
(a) 
All pole placements shall be coordinated to avoid interference with existing structures or public infrastructure.
(b) 
No utility pole shall be placed:
[1] 
Within 15 feet of the apron of any ADA ramp;
[2] 
Within 15 feet of the intersection of projected curblines where no sidewalk or ADA ramp exists;
[3] 
Within the apron of any driveway.
(c) 
No utility pole shall be installed on the opposite side of a street where utility poles already exist, unless the utility demonstrates to the satisfaction of the Township Engineer that such placement is technically necessary and that underground installation is infeasible or unsafe.
(2) 
Underground service to new homes.
(a) 
For any new construction of a single-family or two-family residential dwelling requiring new utility service, it shall be presumed that all service connections shall be installed underground beneath the public right-of-way.
(b) 
Any utility proposing overhead service to a new home must demonstrate to the Township Engineer that underground service is not technically feasible or would create a material safety hazard.
(c) 
The Township Engineer may deny a street opening permit for overhead service to new residential dwellings based on these findings.
(3) 
Pole removal and double wood.
(a) 
In the case of joint poles, the responsible utility shall remove the pole and restore the site within 14 calendar days of written notice by the Township Engineer or designee.
(b) 
In connection with any Township street widening or capital improvement project, the responsible utility shall remove affected poles within 21 calendar days of notice, at no cost to the Township.
(c) 
Any damage to Township infrastructure or property caused by the removal or replacement of a utility pole shall be repaired by the responsible utility within 30 calendar days using materials of like kind and quality (e.g., concrete sidewalks, pavers, asphalt, grass, etc.). The Township Engineer may, in writing, extend this period due to weather or other reasonable conditions.
(d) 
Requests for waiver or extension must be submitted in writing to the Township Engineer within 10 calendar days of receipt of the notice, with a detailed explanation of the reasons therefor.
E. 
Enforcement. This section shall be enforced by the Township Engineer, Construction Official, Code Enforcement Officer, or other designee of the Township Administrator.
F. 
Violations and penalties. Any person or entity found to be in violation of this section shall be subject to a fine of not less than $250 per day, per violation, up to a maximum of $2,000 per day.
A. 
No person shall install any driveway connecting with any street or highway or break into any curb therefor in the Township without first obtaining a permit to do so.
B. 
No permit shall be issued unless the driveway is to be constructed in such a manner as to:
(1) 
Allow unobstructed drainage along the gutter and road area.
(2) 
Provide no interference with existing storm drains.
(3) 
Make adequate provision for proper drainage.
A. 
An application for a permit shall be filed in writing with the Township Engineer. The application shall be accompanied by a fee of $15 for the permit.
B. 
The application shall be made by the owner of the land or the person contracting to do the work and shall set forth such person's name and address and telephone number and location of the proposed driveway.
C. 
The application shall be accompanied by proper plans and specifications showing:
(1) 
The size and manner in which the driveway shall be connected to the street or highway.
(2) 
The curb opening, if any.
(3) 
The manner in which the driveway shall be constructed across the existing gutter.
(4) 
The provisions for drainage of the gutter and driveway.
D. 
The permit for the installation of a driveway shall be issued by the Township Engineer after the approval of the plans and specifications of the proposed driveway.
E. 
All driveways between the curb and property line shall be constructed in accordance with the following minimum specifications:
(1) 
There shall be a one-and-one-half-inch stone base, four inches in depth.
(2) 
Compacted stone dust or a suitable liquid material shall be used as a binder and rolled to satisfactory compaction.
(3) 
After rolling to the proper crown and grade, a one-inch surface of asphalt shall be spread and rolled in the street right-of-way.
Any person, firm, contractor or corporation violating any of the provisions of this article shall be subject to a fine not to exceed $500 or to imprisonment not to exceed 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.