Road opening permits shall only be granted upon compliance with
all of the following requirements:
A. A written application shall be filed with the Township for making
all road openings or excavations, and the same shall be signed by
the person desiring such permit. Such application shall set forth
the purpose for which such excavation is to be made; the size and
location of the same; the full scope of work to be included in the
project; a sketch of the proposed opening site; and the date such
excavation is to be refilled and resurfaced in the manner hereinafter
provided and shall provide that the applicant will faithfully comply
with each and every provision contained in this article. An applicant
shall furnish a drawing of the proposed opening site upon request
of the Township Roadmaster. Items required on the drawing shall be
specified at the time of request.
B. Prior to the issuing of such permit, every such applicant shall pay
to the Township the amount hereinafter provided.
C. Where the road opening is required for water supply purposes, the
application shall be countersigned by a representative of the water
supplier or someone authorized by the water supplier before the permit
will be granted.
D. Where the road opening permit is required for sewer service purposes,
the application shall be countersigned by an authorized employee of
the applicable municipal authority before the permit will be granted.
E. Except in emergency situations, the Township Roadmaster shall, at
his discretion, be permitted to deny the opening of a road which has
been resurfaced or reconstructed within a three-year period prior
to the date of request for the road opening.
F. No road opening shall be performed, except in the case of emergencies,
when seasonally prohibited or, in the judgment of the Township Roadmaster,
working conditions are unreasonable for such work.
G. The applicant shall agree to save the Township, its officers, employees,
and agents harmless from any and all costs, damages and liabilities
by reason of personal injury or property claim, which may accrue or
be claimed to accrue, whether directly or indirectly, by reason of
said work irrespective of the cause of such injury or damage. The
acceptance of any permit under this article shall constitute such
an agreement by the applicant whether the same is expressed or not.
H. An applicant shall supply a certificate of insurance to the Township and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Township and verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance be by the applicant or anyone directly or indirectly employed by them. Such insurance shall include protection against liability arising from completed operations, underground utility damage, and collapse of any property. Liability insurance for bodily injury shall be an amount not less than $500,000 for each person and $500,000 for each occurrence and for property damages in an amount not less than $100,000. Such insurance shall also provide hold harmless coverage pursuant to §
195-44G above. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
In all cases where a permit has been issued and the work set
forth in such permit has not been completed, the amount not completed
shall be canceled. The degradation fee along with the inspection fee
paid shall be recalculated on the basis of the work actually completed
and the actual extent of excavation. All degradation fees and inspection
fees paid in excess of this adjustment shall be refunded without interest
by the Township upon warrant properly drawn. The permit fee shall
not be refunded upon permit cancellation.
If any permittee is unable to complete the road opening on or
before the date specified in the permit, the permittee shall file
a written application for an extension of time with the Township Code
Enforcement Officer, who shall have discretion to grant or deny such
application. The written application shall be in letter form and shall
thoroughly explain the reasons for the extension of time plus the
additional length of time required. A fee, as set by resolution by
the Board, shall accompany the application. This fee shall defray
the costs of processing and filing the application.
The permittee shall be responsible for backfilling and paving
the opening and restoring the road surface to its original condition.
The Township Roadmaster shall have the full authority to establish
standards for paving and backfilling materials and associated procedures.
Details specifying paving and backfilling procedures and materials
shall be obtained from the Township Roadmaster prior to any road opening
work.
In case the work has not been completed before the date of expiration
as shown on the permit, which time shall be fixed when the permit
and/or time extension is granted, the Township Roadmaster may take
steps to backfill the trench and replace the road surface over the
opening for which the permit has been issued. The Township shall invoice
the permittee for all costs incurred by the Township in the performance
of this work. Payment not made within 30 days will be chargeable against
the posted bond, including all fees and costs involved in the collection
of this payment.
The permittee shall assume all responsibility for the excavation
made by such party for refilling the same and for all damages that
may arise by reason of the digging of such trenches or excavations.
Whenever it is determined by the Township Roadmaster that in the best
interest of the Township it is necessary to assign additional road
opening inspectors to supervise excavation, backfill or pavement restoration
operations, such inspectors shall be paid by the Township at a rate
to be fixed by the Township. The Township shall invoice the permittee
for all costs incurred by the Township necessitated by the assignment
of additional inspectors. The Township Roadmaster is authorized to
make other rules and regulations for the excavation of roads which
he may deem necessary for the proper maintenance of the road surface
due to excavations, which rules and regulations shall be printed upon
the permit granted or forwarded from the Township, in writing, from
time to time.
A road opening permit shall be obtained for any test hole work.
No test holes shall be made in or upon a greater surface of the roadway
than as specified in such permit, and no excavation or test holes
shall interfere with any of the water pipes, sewers, drains of the
Township, or any other underground utility service. Test holes having
an area of four square inches or less shall be filled by the applicant
with grout composed of one part cement and two parts sand and by a
sufficient quantity of water, filled to the surface of the highway,
and the surrounding surface of the roadway shall be placed in the
same condition as before. Test holes greater than four square inches
in area shall be backfilled in accordance with the provisions of this
article, unless otherwise directed by the Township Roadmaster.
In no case shall a permittee open or remove a greater of road
surface than specified in the original application. The permittee
shall not open any road area at a location not specified in the original
road opening permit. If the permittee determines during construction
that an additional area of road will have to be opened, he shall notify
and secure permission from the Township Roadmaster and/or Code Enforcement
Officer for the additional opening. Upon receipt of the permission,
the permittee shall file a supplementary application for the work
no later than the next day. Fee amounts specified in the Fee Schedule
shall be followed for any subsequent fees associated with supplementary
applications.
The permittee shall guarantee and maintain his work for 24 months
from the completion of the restoration and replacement work. Within
this twenty-four-month period, upon notification from the Township
of necessary correction work required, the permittee shall correct
or cause to be corrected all restoration work required within five
calendar days of receipt of notification. The Township Roadmaster
shall determine the extent of the restoration required and the method
of correction. Any and all work not completed within this five-day
period may be completed by the Township at the discretion of the Township
Roadmaster. The Township shall invoice the permittee for all costs
incurred by the Township in performance of this work. Payment not
made within 30 days of the invoice date will be chargeable against
the posted bond, including all fees and costs involved in the collection
of this payment.