As used in this article, the following terms
shall have the meanings indicated:
STREET
Any road, highway, public way, public alley, easement or
other right of way accepted or maintained by the Township as a public
street, as well as any state or county road or highway over which
the Township has acquired jurisdiction by agreement.
The Township Committee is authorized to refuse
the issuance of any permit if it ascertains after consultation with
the Township Engineer or otherwise that such refusal is in the interest
of public safety, public convenience or public health. If a permit
is refused an appeal may be taken to the Township Committee. The Township
Committee, after hearing the applicant and such other evidence as
may be produced, may either direct the issuance of the permit or sustain
the refusal.
An application for a permit shall contain the
following information:
A. Name and address of the applicant.
B. Name of the street where the opening is to be made
and the street number, if any, of the abutting property.
C. The Township Tax Map block and lot number of the property
for the benefit of which the opening is to be made.
D. Nature of the surface in which the opening is to be
made.
E. Character and purpose of the work proposed.
F. Time when the work is to be commenced and completed.
G. Each application shall be accompanied by a set of
plans in quadruplicate showing the exact location and dimensions of
all openings.
H. The name and address of the workman or contractor
who is to perform the work.
I. A statement that the applicant agrees to replace at
his own cost and expense, the street, curb, gutter and sidewalk in
the same state and condition in all things as they were at the time
of the commencement of the work within 48 hours of the commencement
of same.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation or tunnel is to be made, the dimensions of the opening
and the period during which the permit shall be valid. The original
of each permit shall remain on file with the Clerk.
A permit shall be paid when the application
is made. The applicant shall be charged a fee of $25 for each permit.
The applicant shall also be required to deposit,
in cash or by certified check, a sum determined by the Township Engineer
to be necessary to defray the expense of restoring the street to its
preexisting condition should the permittee fail to do so.
No permit shall be issued until the applicant
has furnished the Township with satisfactory proof that he is insured
against injury to persons and damage to property caused by any act
or omission of the applicant, his agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards likely to arise in connection with
the work, including but not limited to collapse and explosion, and
shall also insure against liability arising from completed operations.
The limits of the policy of insurance shall be $100,000 for injury
to any one person, $300,000 for property damage for a single incident.
The Township may waive the requirements of this section in the case
of public utilities upon the presentation of satisfactory proof that
it is capable of meeting claims against it up to the amount of the
limits of the insurance policy which would otherwise be required.
All permits issued under this article shall
be subject to the following rules and regulations:
A. All excavations shall be kept properly barricaded
at all times and during the hours of darkness shall be provided with
proper warning lights. This regulation shall not excuse the permittee
from taking any other precaution reasonably necessary for the protection
of persons or property.
B. All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No street
shall be closed to traffic unless the closing is approved by the Township
Committee. The Township Committee shall be informed of all street
closings at least 24 hours in advance, except where the work is of
an emergency nature when notice shall be given when work commences.
C. All refuse and material shall be removed within 48
hours.
D. All excavations shall be completely backfilled by
the permittee, and shall be compacted by tamping or other suitable
means in a manner prescribed by the Township Engineer. Where the Engineer
determines that the excavated material is unsuitable for backfill,
the permittee shall backfill the excavation with sand, soft coal,
cinders or other suitable material which shall be placed in layers
not exceeding six inches in depth and thoroughly compacted with a
mechanical vibrator or in the manner prescribed by the Engineer. The
permittee shall replace all shoulder stone to a depth of six inches
and thoroughly compact it with a mechanical compaction device. Upon
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition. If it is determined that
any backfilled excavation has settled or caved in, the Engineer shall
so notify the permittee, who shall promptly continue backfilling until
settlement is complete.
E. If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
ten parts sand.
F. If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
G. If the work is not completed within the time specified
in the permit or any extension granted by the Township, or is not
performed in accordance with the regulations set forth in this article
and any other regulations that may be established by the Township
Committee, then the Township may complete the work itself and restore
the surface of the street. The cost of completing the work and restoring
the street shall be charged to the permittee and may be deducted from
his deposit or recovered by an action in any court of competent jurisdiction.
In all cases the permittee shall restore the
surface of the street in accordance with the following rules, regulations
and requirements:
A. No permittee shall commence the restoration of any
street foundation or surface until the Township Engineer has determined
that settlement of the subsurface is complete and the area properly
prepared for restoration.
B. The street surface shall be restored so as to extend
six inches beyond the excavation on all sides.
C. The street surface shall be restored pursuant to the
section designated by the Township Engineer in the permit but in no
case shall be less than the structural equivalent of the following:
(1) Six-inch course of quarry process subbase (Type 5
soil aggregate) thoroughly compacted.
(2) Two inches of bituminous concrete Type FABC.
The Road Committee, in conjunction with the
Township Engineer, may make any rules and regulations considered necessary
for the administration and enforcement of this article, but no regulation
shall be inconsistent with, alter or amend any provision of this article
or impose any requirement which is in addition to those expressly
or by implication imposed by this article. No regulations shall be
effective unless they are approved by resolution of the Township Committee.
Copies of all current regulations shall be furnished each permittee
at the time of the issuance of the permit.