As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person making written application to the Township and/or
Township Engineer for an excavation permit.
EMERGENCY OPENING
An urgent opening and repair operation required to protect
the health, safety and welfare of the general public from the immediate
hazards posed by a broken and/or leaking facility, an eroded and undermined
structure or other similar instance involving a sudden and unforeseen
hazard.
MAINTENANCE SURETY
A corporate bond, guaranty bond, certified check or other
similar surety acceptable to the Township Attorney as a guaranty of
good faith performance of all maintenance and repair required at the
site.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other
similar security acceptable to the Township Attorney, furnished by
the applicant as a guaranty of good faith in performing and completing
the work, as described in the application and permit documents, in
full compliance with the construction standards contained herein and
to assure that any subsequent necessary repairs are accomplished to
the satisfaction of the Township Engineer.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
Any person, firm, partnership, corporation, company or organization
of any kind.
STREET or ROAD
The entire width between property lines of any way open to
the use of the public by right.
The provisions of this article shall apply to all streets or
roads now in use or hereafter dedicated for public use within the
limits of the Township of Quinton.
On or after the effective date of this article, it shall be
unlawful, unless a specific street opening permit has been secured,
to:
A. Excavate, open or make any excavation in or under the surface of
any street for any purpose.
B. 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.
Before issuance of any permit, the following sureties are to
be provided to the Township Clerk:
A. A performance surety in a sum based upon an engineer's estimate,
prepared by the applicant and approved as to quantities and costs
by the Township Engineer. Sureties may be in the form of cash or performance
bonds, including corporate (blanket) bonds, in an amount approved
by the Township Engineer to adequately guarantee the restoration of
any unrestored opening. Such surety is to be in a form approved by
the Township Attorney.
B. Maintenance surety. In addition to the posting of a performance surety
and as a condition to the release of the same, the permittee shall
post a maintenance surety. The amount of such surety shall be 10%
of the aforesaid engineer's estimate of project cost. The permittee
shall be responsible for all maintenance and repairs required at the
site for a period of one year, following satisfactory completion and
approval of the work by the Township Engineer.
Within 10 working days of the receipt of a properly completed
application and receipt of all fees and deposits herein described,
the Township may, at its discretion, issue a permit to excavate or
open any street surface located within its jurisdiction. The permit
shall state the permittee's name, address and telephone number, the
location of the work site and the time period for which the permit
shall be effective. The time period may be extended by the Township
Engineer for reasonable cause. The Township Engineer has the authority
to revoke any permit at any time for reasonable cause.
The Township of Quinton reserves the right to deny issuance
of a street opening permit to any applicant who has received proper,
legal prior notice that street improvement is to take place and giving
notice that street openings will not be permitted for a period of
up to five years following such improvement.
Any person violating any of the provisions of this article, except as provided in §
218-9 herein, shall, upon conviction, be punished for such offense by a fine not to exceed $1,000 or by imprisonment for a term not to exceed 90 days in the county jail, or both.