The application for such permit shall be made
to the Clerk, in writing, signed by the applicant, specifying the
place, kind of excavation and the time required to make the opening
and backfill for the same.
It shall be unlawful for any person to place
any stone, earth ashes, boards, tile or other pipe or any other material
in or upon any street or in any ditch so as to interfere with the
flow of water along the gutters of any street or ditch.
[Amended 11-12-1981 by Ord. No. 1981-8; 6-12-1997 by Ord. No. 1997-6]
Payment for a street opening permit shall be
made in the amount based on the following schedule:
A. No permit shall be granted by the Township Clerk until the applicant has paid to him the sum as set forth in §
110-170 in cash, money order or certified check drawn to the order of the Township of Chesterfield and paid with the application.
[Amended 3-25-2010 by Ord. No. 2010-4]
B. If the application for the street opening permit is not being processed as part of a site plan or subdivision application, a minimum review escrow deposit as set forth in §
110-170 shall be made by the applicant with the Township Clerk to cover the initial cost of engineering review. The review escrow will be required to be replenished as necessary.
[Amended 3-25-2010 by Ord. No. 2010-4]
C. An inspection escrow in an amount as set forth in §
110-170 shall be posted with the Township Clerk after the application has been approved but before the street opening permit is issued. No road construction shall take place prior to the issuance of the permit, and no permit shall be issued prior to the posting of the necessary inspection escrows and engineering review escrows. In the event that the inspection costs incurred by the Township through the Township Engineer's office exceed the amount described above, then the same shall be required to be replenished; in the event that the inspection costs are less than the five-hundred-dollar escrow, the balance shall be refunded to the applicant.
[Amended 3-25-2010 by Ord. No. 2010-4]
D. All road work and repairs must conform to Township
specifications.
When it is deemed unnecessary by the Engineer
to excavate by breaking the surface of the road and the result can
be obtained by driving pipes under the road, the same deposit must
be made.
[Amended 6-12-1997 by Ord. No. 1997-6]
Any public utility, as defined in N.J.S.A. 48:13-2
et seq., and any private utilities may undertake street construction under a street opening permit conditioned upon said utility effectively restoring to its original condition any road or street within the Township opened or excavated by said utility and remedying any defects that may thereafter appear in such restoration or damage to the street surface or subsurface that may then or thereafter occur or appear by reason of such opening and otherwise comply with all other provisions of this article, and further conditioned for the payment to the Township of any moneys which the Township is obliged to expend in order to restore such road or street to its original condition or remedy any defects in such restoration or street damage then or thereafter caused by such excavation. In lieu of paying the permit application fees described above for each and every permit issued, the utilities may file with the Township Committee a bond in favor of the Township of Chesterfield in the sum of $5,000, issued by a surety company licensed to do business in the State of New Jersey, and in a form approved by the Township Solicitor, ensuring that the utility shall restore said roadways and streets to their original condition, and further conditioned for the payment to the Township of any moneys which the Township is obliged to expend in order to restore such street to its original condition should the utility fail to do so. Said bond shall not be considered to be filed unless and until approved by resolution of the Township Committee. Notwithstanding posting of the bond, each utility shall be required to pay the engineering review and inspection escrow fees set forth in §
170-5B and
C above.
A. In the event that, after a proper filing of the bond by the utility as set forth above, the utility shall fail to abide strictly by the provisions of this article, the Township Committee may, by resolution, revoke the privileges granted under its bond, return the bond to the utility and require payments specified in §
170-5 for all future road and street openings made by the utility. Nothing contained in this section shall be construed to relieve the utility of its obligation to obtain the permit provided for by this article for each subsequent opening.
B. Additional bond required. In the event that the estimated
cost of restoring all or any openings for which permits application
is made shall, either alone or when combined with the cost of openings
not restored to their original condition and accepted, exceed $10,000,
the utilities shall post additional bond to cover such excess openings.
No excavation or driving under the road will
be allowed to be done in sheet asphalt, bituminous concrete, bituminous
macadam, brick or concrete surfaces except in the presence of the
Township Engineer or his authorized agent. Expenses for this inspection
will be deducted from the amount deposited, in addition to the amount
chargeable per square yard.
[Added 7-24-1997 by Ord. No. 1997-9]
A. Whenever the Township Committee undertakes any action
to provide 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 street opening
permits or 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 street opening permit may be
completed not later than 45 days from the date of the governing body's
action, whether same be by motion, resolution or ordinance. 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 that 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 successors in interest to make openings, cuts or excavations in said streets shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening 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 §
170-11.2 below, exists which makes it absolutely essential that the street opening permit be issued.
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.
[Added 7-24-1997 by Ord. No. 1997-9]
In the event of any emergency in which the 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 a street opening permit, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, such
a person owning or controlling such facility shall apply for a street
opening permit not later than the end of the next succeeding day during
which the Township Clerk's office is open for business and shall not
proceed with permanent repairs without first obtaining a street opening
permit under this article.
[Amended 6-12-1997 by Ord. No. 1997-6]
A. Maximum penalty. Any person, firm or corporation violating
or contributing in any way to the violation of this article, or any
part thereof, shall, upon conviction thereof, be punished by a fine
not exceeding $1,000, or imprisonment in the county jail for a term
not exceeding 90 days, or a period of community service not exceeding
90 days, or such combination of punishments as the Municipal Judge
may, in his or her discretion, deem appropriate and just.
B. Separate violations. Each and every day in which a
violation of any provision of this article exists shall constitute
a separate violation; and each and every permit issued or applied
for hereunder shall be deemed separate and apart from any other permit,
notwithstanding that same may have been sought at the same time or
seriatim.
C. Minimum penalty. There shall be a minimum penalty
of a fine fixed at an amount not exceeding $250.
D. Costs of suit/reasonable attorneys fees. In the event
that the Township is forced to institute suit to compel compliance
with the terms of this article, then and in that event the party against
whom suit is filed, and/or the party deemed responsible for the remedies
sought by the Township, shall be responsible for all of the Township's
reasonable attorneys fees and costs incurred in instituting and pursuing
said litigation.