[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. VI, Street
Excavations, adopted 11-27-1973 by Ord. No. 1378 as Ch. 130 of the
1973 Code, amended in its entirety 5-28-1974 by Ord. No. 1437, and
subsequently amended.
This article shall be known and may be cited as the "Street
Excavation Ordinance of the Township of Toms River."
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any person making written application to the Township Engineer
for an excavation permit hereunder.
The Director of Public Works of the Township of Toms River.
The excavation, removal, replacement, repair, construction or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include but are not limited to curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvement existing within the public right-of-way. For the purpose of this article, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." The term "excavation work" shall also include the construction, addition, installation or other provision of the whole or a portion of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this article under § 450-58, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
Any person who has been granted and has in full force and effect an excavation permit issued hereunder and for the purpose of §§ 450-28, 450-29, 450-30, 450-31, 450-32, 450-33, 450-34, 450-35, 450-39, 450-40, 450-53, 450-55 and 450-57, and also includes any person who has been granted or is required to secure a permit for trench opening from the Township of Toms River.
Any person, firm, partnership, association, corporation,
company or public or private organization of any kind.
Any street, highway, sidewalk, alley, avenue, public drainage
easement, or other public way or public right-of-way or public grounds
in the Township, except county or state roads or highways.
The Township of Toms River.
The Township Council of the Township of Toms River.
The Township Engineer of the Township of Toms River.
A.
It shall be unlawful for any person to perform any excavation work as described in § 450-21 hereof, or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street, for any purpose, or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way affect any other public improvements within a public right-of-way as defined in § 450-21 unless such persons shall first have obtained an excavation permit therefor from the Township Engineer as herein provided.
B.
No permit will be issued for an opening in excess of 10 square yards
in area, except for emergency openings or openings required by law,
during the period from the first day of December to the 15th day of
March.
No excavation permit shall be issued unless a written application
for the issuance of such excavation permit is submitted to the Township
Engineer. The written application shall state the name and address
of the applicant; the nature, location and purpose of the excavation;
the proposed dates of commencement and completion of the excavation
(which date shall be the expiration date of any permit issued pursuant
to the application); and other data as may reasonably be required.
The application shall be accompanied by plans showing the extent of
the proposed excavation work, the dimensions and elevations of both
the existing ground prior to said excavation and of the proposed excavated
surfaces, the location of the excavation work and such other information
as may be prescribed by the Township Engineer, including complete
plans, profiles and details of any proposed curbs, sidewalks, pavements
or other proposed improvements.
[Amended 4-27-2010 by Ord. No. 4254-10; 3-10-2020 by Ord. No. 4661-20]
A permit fee shall be charged by the Department of Community
Development for the issuance of an excavation permit which shall be
in addition to all other fees for permits or charges relative to any
proposed construction work. The following schedule of nonrefundable
fees is established to be paid to the Township in conjunction with
the issuance, supervision and inspection of excavation work. Administrative
approval of a request for a fee reduction due to unusual site conditions
may be authorized by two persons. Authorizations for a fee reduction
may only be approved by the Township Engineer, Assistant Township
Engineer, Township Planner or Zoning Officer. Granting a fee reduction
will require a written report setting forth the basis for the change.
The Department of Engineering shall provide each permittee,
at the time a permit is issued hereunder, with a suitable placard
plainly written or printed in English letters at least one inch high
with following notice: "Township of Toms River, Permit No. ................
Expires ...............," and on the first blank space there shall
be inserted the number of said permit and after the word "expires"
shall be stated the date when said permit expires. It shall be the
duty of any permittee hereunder to keep the placard posted in a conspicuous
place at the site of the excavation work. It shall be unlawful for
any person to exhibit such placard at or about an excavation not covered
by such permit, or to misrepresent the number of the permit or the
date of expiration.
[Amended 4-27-2010 by Ord. No. 4254-10]
A.
Before any permit is granted, a refundable performance guaranty shall
be deposited with the Township to insure proper restoration of the
trench, pavement surface and any other improvements within the municipal
right-of-way. The deposit shall be $1,000 or $10 per square foot of
the actual excavated trench size, whichever is greater. The square
footage amount shall be computed by multiplying the trench length
in feet by the trench width in feet. At the discretion of the Township,
based on an estimate of the cost of the improvements, the amount of
the performance guaranty may be increased or decreased. Any change
in the performance guaranty amount shall be authorized by two persons.
Such authorization may only be signed by the Township Engineer, Assistant
Township Engineer, Township Planner or Zoning Officer. A change in
the performance guaranty amount will require a written report setting
forth the basis for the change.
B.
The guaranty
shall be refunded if the surface or other improvements are replaced
according to Township specifications and will be forfeited in lieu
of restoration in the event that the Township specifications are not
met. For paved roads, the guaranty will be retained for a period not
to exceed one year from the date of completion of the permitted construction,
at which time the guaranty will be refunded upon the written approval
of the Township Engineer. In the event the Township Engineer does
not approve the same, in writing, and upon recommendation to the Township
Council, the guaranty will be forfeited.
A.
If an individual cash repair deposit required by § 450-26 exceeds $1,000, or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000, or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey or a public agency, then the Township Council may allow the provision of all or, at the Township Council's discretion, a portion of the required cash repair deposit in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this section, the applicant shall deposit with the Township of Toms River a surety bond in an amount to be determined by the Township Engineer made payable to the Township of Toms River. The required surety bond must be:
(1)
With good and sufficient surety.
(2)
By a surety company authorized to transact business in the State
of New Jersey.
(3)
Satisfactory to the Township Attorney in form and substance.
(4)
Conditioned upon the permittee's compliance with this article and
to secure and hold the Township and its officers, employees and agents
against any and all claims, judgments or other costs arising from
the excavation and other work covered by the excavation permit or
for which the Township, the Township Council, or any Township officer
may be made liable by reason of any accident or injury to person or
property through the fault of the permittee either in not properly
guarding the excavation or for any other injury resulting from the
negligence of the permittee, and further conditioned to fill up, restore
and place in as good and safe condition as near as may be to its original
condition, and to the satisfaction of the Township Engineer, all openings
and excavations made in streets, and to maintain any street where
an excavation is made in as good condition for the period of 12 months
after said work shall have been done, usual wear and tear excepted,
as it was in before said work shall have been done. Any settlement
of the surface within the said one-year period shall be deemed conclusive
evidence of defective backfilling by the permittee. Nothing herein
contained shall be construed to require the permittee to maintain
any repairs to pavement made by the Township if such repairs should
prove defective. Recovery of such bond for any injury or accident
shall not exhaust the bond but it shall in its entirety cover any
or all future accidents or injuries during the excavation work for
which it is given. In the event of any suit or claim against the Township
by reason of the negligence or default of the permittee, upon the
Township's giving written notice to the permittee of such suit or
claim, any final judgment against the Township requiring it to pay
for such damage shall be conclusive upon the permittee and his or
her surety to the degree permitted by law.
B.
An annual bond may be given under this provision which shall remain
in force for one year conditioned as above, in the amount specified
above and in other respects as specified above, but applicable as
to all excavation work in streets by the principal in such bond during
the term of one year from said date.
The permittee shall take appropriate measures to assure that
during the performance of the excavation work traffic conditions as
nearly normal as practicable shall be maintained at all times so as
to cause as little inconvenience as possible to the occupants of the
abutting property and to the general public, provided that the Township
Engineer may permit the closing of streets to all traffic for a period
of time prescribed by him or her if in his or her opinion it is necessary.
The permittee shall route and control traffic, including his or her
own vehicles, as directed by the Township Police Department. The following
steps shall be taken before any street may be closed or restricted
to traffic:
A.
The permittee must receive the approval of the Township Engineer
and the Police Department therefor.
B.
The permittee must notify the Chief of the Fire District of any street
so closed.
C.
Upon completion of the construction work the permittee shall notify
the Township Engineer and Township Police Department before traffic
is moved back to its normal flow so that any necessary adjustments
may be made.
D.
Where flagmen are deemed necessary by the Township Engineer, they
shall be furnished by the permittee at his or her own expense. Through
traffic shall be maintained without the aid of detours, if possible.
In instances in which this would not be feasible, the Chief of Police
will designate detours. The Township shall maintain the roadway surfaces
of existing highways designated as detours without expense to the
permittee, but in case there are no existing highways, the permittee
shall construct all detours at his or her expense and in conformity
with the specifications of the Township Engineer. The permittee will
be responsible for any unnecessary damage caused to any highways by
the operation of his or her equipment.
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire plugs.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable timber barriers
to confine earth from trenches or other excavations in order to encroach
upon highways as little as possible. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. Vehicular crossings shall be
constructed and maintained of plank, timbers and blocking of adequate
size to accommodate vehicular traffic safely. Decking shall be not
less than four inches thick and shall be securely fastened together
with heavy wire and staples. Pedestrian crossings shall consist of
planking three inches thick, 12 inches wide and of adequate length,
together with necessary blocking. The walk shall be not less than
three feet in width and shall be provided with a railing as required
by the Township Engineer.
The permittee shall not interfere with any existing utility
without the written consent of the Township Engineer and/or the utility
company or person owning the utility. If it becomes necessary to remove
an existing utility this shall be done by its owner. No public utility
shall be moved to accommodate the permittee unless the cost of such
work is borne by the permittee. The cost of moving privately owned
utilities shall be similarly borne by the permittee unless he or she
makes other arrangements with the person owning the utility. The permittee
shall support and protect, by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work, and do everything necessary to support, sustain
and protect them under, over, along or across said work. In case any
of said pipes, conduits, poles, wires, or apparatus should be damaged,
they shall be repaired by the agency or person owning them, and the
expense of such repairs shall be charged to the permittee and his
or its bond shall be liable therefor. The permittee shall be responsible
for any damage done to any public or private property by reason of
the breaking of any water pipe, sewer, gas pipe, electric conduit
or other utility and his or her bond shall be liable therefor. The
permittee shall inform himself or herself as to the existence and
location of all underground utilities and protect the same against
damage.
The permittee shall at all times and at his or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain a license from the owner of such
private property for such purpose. The permittee shall at his or her
own expense shore up and protect all buildings, walls, fences or other
property likely to be damaged during the progress of the excavation
work and shall be responsible for all damage to public or private
property or highways resulting from his or her failure to properly
protect and carry out said work. Whenever it may be necessary for
the permittee to trench through any lawn area, the sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this article. All construction and maintenance work shall
be done in a manner calculated to leave the lawn area clean of earth
and debris and in a condition as near as possible to that which existed
before such work began. The permittee shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas or easements
across private property without first having notified and obtained
the consent of the property owner or, in the case of public property,
the appropriate official having control of such property.
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge which shall
be at least three feet wide and securely railed on each side so that
foot passengers can pass over such bridge at all times.
A.
The permittee shall erect and maintain, approaching and throughout
the site of the excavation work, such signs, lights, barricades and
other protective devices as are required. In the absence of specific
written direction by the Township Engineer, all signs shall be provided
as required by the Manual on Uniform Traffic Control Devices, section
concerning construction signing, as published by the United States
Department of Commerce. Should the Township Engineer at any time determine
that the permittee has failed to provide all required signs and protective
devices in accordance with the directions of the Township Engineer
and/or the previously mentioned Manual on Uniform Traffic Control
Devices, the Township may provide and erect or cause the provision
and erection of such required signs, barricades and traffic control
devices. The cost thereof may be deducted from the cash repair deposit
provided by the applicant, or may be billed directly to the applicant
by the Township. If such billing is made and not paid by the applicant
within 15 working days after such billing, the amount may be deemed
due and recoverable from the applicant's cash deposit and surety.
B.
The Township shall provide the applicant with at least 24 hours'
notice of its intention to provide any such required signs, barricades
and traffic control devices and of its intention to bill the applicant
for the cost thereof, to deduct the cost thereof from the applicant's
surety, except that, in case of an immediate emergency or hazard to
the public health or safety, certified to by appropriate officials,
the Township may cause the provision and erection of such devices
without notice.
C.
The permittee shall erect such fences, railings or barriers about
the site of the excavation work as shall prevent danger to persons
using the street or sidewalks, and such protective barriers shall
be maintained until the work shall have been completed or the danger
removed. At twilight there shall be placed upon such place of excavation,
and upon any excavated materials or structures or other obstructions
to streets, suitable and sufficient lights which shall be kept burning
through the night during the maintenance of such obstructions. It
shall be unlawful for anyone to remove or tear down the fence or railing
or other protective barriers or any lights provided there for the
protection of the public.
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and be hazardous to their safety
or health.
All material excavated from a trench and piled adjacent to the
trench or in any street shall be piled and maintained in such a manner
so as not to endanger those working in the trench, pedestrians or
users of the streets, and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Township Engineer shall have the authority
to require that the permittee haul the excavated material to a storage
site and then rehaul it to the trench site at the time of backfilling.
It shall be the permittee's responsibility to secure the necessary
permission and to make all necessary arrangements for all required
storage and disposal sites.
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform with the requirements of any applicable
code or ordinance. If, upon being ordered, the permittee fails to
furnish the necessary labor and materials for such repairs, the Township
Engineer shall have the authority to cause said necessary labor and
materials to be furnished by the Township and the cost shall be charged
against the permittee, and the permittee shall also be liable on his
or its bond therefor.
Property lines and limits of easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit, and it shall be the permittee's responsibility to confine
excavation work within those limits.
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Township
Engineer. From time to time as may be ordered by the Township and
in any event immediately after completion of said work, the permittee
shall at his or its own expense clean up and remove all refuse and
unused materials of any kind resulting from said work and, upon failure
to do so within 24 hours after having been notified to do so by the
Township Engineer, said work may be done by the Township and the cost
thereof charged to the permittee, and the permittee shall also be
liable for the cost thereof under the surety bond provided hereunder.
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as he or she found them or shall
make such provisions for them as the Township Engineer may direct.
The permittee shall not obstruct the gutter of any street but shall
use all proper measures to provide for the free passage of surface
water. The permittee shall make provisions to take care of all surplus
water, muck, silt, slickings or other runoff pumped from excavations
or resulting from his or her failure to so provide.
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be four feet or
over in depth, the pavement in the base shall be removed to at least
six inches beyond the outer limits of the subgrade that is to be disturbed
in order to prevent settlement, and a six-inch shoulder of undisturbed
material shall be provided in each side of the excavated trench. The
face of the remaining pavement shall be approximately vertical. A
power-driven concrete saw shall be used so as to permit the complete
breakage of concrete pavement or base without ragged edges. Asphalt
paving shall be scored or otherwise cut in a straight line. No pile
driver may be used in breaking up the pavement.
Tunnels under pavement shall not be permitted except by permission
of the Township Engineer and, if permitted, shall be adequately supported
by timbering and backfilling under the direction of the Township Engineer.
A.
Backfilling in any street opened or excavated pursuant to an excavation
permit issued hereunder shall be compacted to a degree equivalent
to that of the undisturbed ground in which the trench was dug.
B.
Compacting shall be done by mechanical means such as tamping, vibrating
or rolling as required by the soil in question and by sound engineering
practice generally recognized in the construction industry.
All backfilling of excavations in or within 10 feet of any pavement
or shoulder area shall be done in thin layers. Each layer is to be
tamped by manual or mechanical means. Layers that are hand-tamped
shall not exceed three inches in thickness and layers that are power-tamped
shall not exceed six inches in thickness. This same requirement shall
apply in all areas not within or within five feet of any pavements
or shoulder areas, except that the backfilling in thin layers shall
only be required up to the first 18 inches above the top of any installed
pipe or conduits, and the remaining portion of the backfill may be
placed in a manner acceptable to the Engineer so as to provide a density
comparable to that existing in the undisturbed ground adjacent to
the excavation.
Whenever any excavation for the laying of pipe is made through
rock, the pipe shall be laid six inches above the rock bottom of the
trench, and space under, around and six inches above the pipe shall
be backfilled with clean sand, noncorrosive soil or one-fourth-inch
minus gravel. Broken pavement, large stones and debris shall not be
used in the backfill. Where in the opinion of the Township Engineer
excavated material is unsuitable for use as backfill, the contractor
shall supply other previous material to be used for backfill.
Backfilling shall be completed by placing the backfill material
well up over the top of the trench. For dry backfilling, the material
shall be compacted with a roller of an approved type until the surface
is unyielding. The surface shall then be graded as required.
A.
The permittee shall restore the surface of all streets broken into
or damaged as a result of the excavation work to their original condition
in accordance with the specifications of the Township Engineer.
B.
The minimum width of pavement repair shall be the maximum trench
width plus two feet. If the width of disturbed pavement exceeds 40%
of the full street width, the applicant shall be required to resurface
the entire street, full width, curb to curb or edge to edge.
C.
The minimum permitted permanent repairs shall be or, in the opinion
of the Engineer, be equivalent to:
(1)
In streets surfaced with cement concrete: replacement with an equivalent
concrete pavement.
(2)
In streets surfaced with bituminous concrete: construction of a hot-mixed
bituminous stabilized base, five inches thick and a hot-mixed bituminous
concrete surface course 1 1/2 inches thick. All pavement edges
shall be cut and neatly matched; no overlaying existing pavements
will be permitted.
(3)
In streets surfaced with a bituminous-treated surface: construction
of a hot-mixed bituminous stabilized base three inches thick and a
hot-mixed bituminous concrete surface, 1 1/2 inches thick.
(4)
In streets of lesser construction: as approved by the Township Engineer
at the time of issuance of the permit.
D.
All pavement edges shall be cut and neatly matched. No overlaying
of existing pavements will be permitted. After a period of not less
than six months, nor more than nine months, the trench area shall
be milled with a straight clean line approximately 12 inches away
from each side of the existing disturbed pavement and any material
within 1 1/2 inches of the proposed surface shall be removed
with any depressions filled prior to the one-and-one-half-inch hot-mixed
bituminous concrete surface course being applied.
E.
If the particular existing street pavements exceed these criteria,
higher types of repairs may be required. All materials and workmanship
shall be in accordance with the New Jersey Department of Transportation.
F.
The permittee may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the permanent replacement
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the paving slab shall be tamped into
place, and this fill shall be topped with a minimum of at least two
inches of bituminous mixture which is suitable to maintain the opening
in good condition until permanent restoration can be made. The crown
of the temporary restoration shall not exceed one inch above the adjoining
pavement. The permittee shall exercise special care in making such
temporary restorations and must maintain such restorations in a safe
traveling condition until such time as permanent restorations are
made.
G.
The asphalt which is used shall be in accordance with the specifications
of the Township Engineer. If, in the judgment of the Department of
Public Works or the Township Engineer, it is not expedient to replace
the pavement over any cut or excavation made in the street upon completion
of the work allowed under such permit, by reason of looseness of the
earth or weather conditions, he or she may direct the permittee to
lay a temporary pavement of steel plate or other suitable material
designated by him or her over such cut or excavation to remain until
such time as the repair of the original pavement may be properly made.
H.
Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Township Engineer to restore the street to its original and proper condition, or as near as may be as indicated in Subsection C. Acceptance or approval of any excavation work by the Township Engineer shall not prevent the Township from asserting a claim against the permittee and his or its surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The Township Engineer's presence during the performance of any excavation work shall not relieve the permittee of his or her responsibilities hereunder.
A.
If the permittee shall have failed to restore the surface of the
street to its original and proper condition upon the expiration of
the time fixed by such permit or shall otherwise have failed to complete
the excavation work covered by such permit, or shall fail to adhere
to other requirements of this article, the Township shall have the
right to do all work necessary to restore the street, eliminate violations
and to complete the excavation work. The permittee shall be liable
for the actual cost thereof and 25% of such cost in addition for general
overhead and administrative expenses. The Township shall have a cause
of action for all fees, expenses and amounts paid out and due it for
such work and shall apply in payment of the amount due, if any, funds
of the permittee deposited as herein provided, and the Township shall
also enforce its rights under any surety bond provided pursuant to
this article. The Township will normally give the permittee 24 hours'
notice of its intent to act, under the terms of this section, to eliminate
violations of this article or to restore the surface, except that
in the case of immediate danger to public health or safety, certified
to by the appropriate officials, no such notice will be provided.
B.
It shall be the duty of the permittee to guarantee and maintain the
site of the excavation work in the same condition it was prior to
the excavation for one year after restoring it to its original condition.
Except by permission from the Township Engineer, no trench shall
be excavated more than 250 feet in advance of pipe laying nor left
unfilled more than 250 feet where pipe has been laid. The length of
the trench that may be opened at any one time shall not be greater
than the length of pipe, and the necessary accessories which are available
at the site ready to be put in place. Trenches shall be braced and
sheathed according to generally accepted safety standards for construction
work as prescribed by the Township Engineer. No timber, bracing, lagging,
sheathing or other lumber shall be left in any trench.
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition,
or as near as may be, as soon as practicable, and in any event not
later than the date specified in the excavation permit therefor.
If, in its judgment, traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the Department of Public Works
or the Township Engineer shall have full power to order, at the time
the permit is granted, that a crew of men and adequate facilities
be employed by the permittee 24 hours a day to the end that such excavation
work may be completed as soon as possible.
A.
In the event of any emergency in which a sewer, main, conduit or
utility in or under any street breaks, bursts or otherwise is in such
condition as to immediately endanger the property, life, health or
safety of any individual, the person owning or controlling such sewer,
main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals.
B.
However, such person owning or controlling such facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which the Township Engineer's office is open for business
and shall not proceed with permanent repairs without first obtaining
an excavation permit hereunder.
Each permittee shall conduct and carry out the excavation work
in such a manner so as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable
in the performance of the excavation work noise, dust and unsightly
debris, and during the hours of 10:00 p.m. to 7:00 a.m. shall not
use, except with the express written permission of the Township Engineer
or in case of any emergency as herein otherwise provided, any tool,
appliance or equipment producing noise of sufficient volume to disturb
the sleep or repose of occupants of the neighboring property.
A.
Whenever the Township Council enacts any ordinance or resolution
providing for the paving or repaving of any street, the Township Clerk
shall promptly mail a written notice thereof to each person owning
sewers, mains, conduits or other utilities, in or under said street
or any real property, whether improved or unimproved, abutting said
street. Such notice shall notify such persons that no excavation permit
shall be issued for openings, cuts or excavations and permits for
work to be done prior to such paving or repaving shall be submitted
promptly in order that the work covered by the excavation permit may
be completed not later than 45 days from the date of enactment of
such ordinance or resolution. The Township Clerk shall also promptly
mail copies of such notice to the occupants of all houses, buildings
and other structures abutting said street for their information and
to state agencies and departments or other persons who may desire
to perform excavation work in said street.
B.
Within said 45 days, every public utility company receiving notice
as prescribed herein shall perform such excavation work subject to
the provisions of this article, as may be necessary to install or
repair sewers, mains, conduits or other utility installations. In
the event any owner of real property abutting said street shall fail
within 45 days to perform such excavation work as may be required
to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner or his or
her successors in interest to make openings, cuts or excavations in
said street shall be forfeited for a period of five years from the
date of enactment of said ordinance or resolution. During said five-year
period no excavation permit shall be issued to open, cut or excavate
in said street unless, in the judgment of the Township Engineer, an
emergency, as described in this article, exists which makes it absolutely
essential that the excavation permit be used.
C.
Every Township department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street is directed to take appropriate measures to perform such
excavation work within said forty-five-day period so as to avoid the
necessity for making any openings, cuts or excavations in the new
pavement in said Township street during said five-year period.
The permittee shall not disturb any surface monuments or hubs
found on the line of excavation work until ordered to do so by the
Township Engineer.
The Department of Public Works or the Township Engineer's designated
representative shall make such inspections as are reasonably necessary
in the enforcement of this article. The cost of such inspections will
be borne by the Township, and the moneys obtained from the street
excavation permit fee shall be used to wholly or partially defray
these and other administrative costs associated with the enforcement
of this article. The Township Engineer or the Department of Public
Works shall have the authority to promulgate and cause to be enforced
such rules and regulations as may be reasonably necessary to enforce
and carry out the intent of this article.
Users of subsurface street space shall maintain accurate drawings,
plans and profiles showing the location and character of all underground
structures, including abandoned installations. Two copies of corrected
maps shall be filed with the Township Engineer within 60 days after
new installations, changes or replacements are made.
The provisions of this article shall not be applicable to any excavation work under the direction of competent Township officials, by employees of the Township or by any contractor of the Township or agency or department of the Township performing work for and on behalf of the Township necessitating openings or excavations in streets, nor shall the provisions of §§ 450-24 and 450-26 apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision site plans, provided such subdividers or site developers have posted cash guaranties and surety in accordance with the application and ordinance requirements.
A permittee, prior to the commencement of excavation work hereunder,
shall furnish the Township Engineer satisfactory evidence in writing
that said permittee has in force and will maintain in force during
the performance of the excavation work and the period of the excavation
permit public liability insurance of not less than $100,000 for any
one person and $300,000 for any one accident, and property damage
insurance of not less than $50,000 duly issued by an insurance company
authorized to do business in this state. In cases where the contractor
or nature of the proposed excavation work are such as to present an
unusual hazard or a higher-than-normal risk of damage or injury, the
Township Council may require the provision of increased amounts of
liability and property damage insurance. Any permits which would occasion
such increased hazard or liability shall be referred, by the Township
Engineer, for the consideration of the Council prior to the issuance
of a permit.
This article shall not be construed as imposing upon the Township
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder, nor shall the Township
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
Any person, firm or corporation violating any of the provisions
of this article, upon conviction by a court of competent jurisdiction,
shall be fined in an amount not exceeding $2,000 or be imprisoned
in the county jail for a period not exceeding 90 days, or be both
so fined and imprisoned. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
