[Adopted by Ord. No. 12-91 (Sec. 15-1 of the 1972 Revised General Ordinances)]
It shall be unlawful for any person to make any excavation in
or to open or tear up the surface of any road or street in the Township
for the maintenance of which the Township Committee is responsible,
for any purpose whatsoever, without a written permit first being obtained
from the Building Inspector as hereinafter provided.
A.
Any person desiring to tear up, open or make excavation in any Township
road shall first submit an application, in writing, for a permit therefor,
together with detailed plans indicating and describing in detail the
work to be performed, the estimated length of time required to perform
the same and the estimated cost thereof.
B.
The application for a permit shall be accompanied by a deposit of money sufficient to cover the fee for such opening, as such fee may be adopted from time to time by the Township Committee and set forth in a schedule to be maintained in the office of the Township Clerk and set forth in § 245-2E of this Code.
Permits for any excavation in any of the roads or streets referred
to herein shall be granted only upon the following conditions, and
such other conditions as may from time to time be hereafter adopted:
A.
Any excavation shall be properly guarded by the permittee by the
erection of suitable barriers and notices of such excavation by day
and sufficient and suitable lights at night, and by such other reasonable
structures or notices as the Township Engineer shall prescribe.
B.
If any excavation is to extend for the full width of the road, only
1/2 of the road shall be excavated at one time, which half shall be
backfilled before the remaining 1/2 is excavated, in order that public
travel over such road may remain open at all times.
C.
All excavations and backfilling of the same shall be made within
the time prescribed in the permit therefor.
D.
The pavement or surface of any road or street in which an excavation
has occurred must be restored by the permittee to the same extent
and in the same manner as existed prior to the excavation.
E.
A permittee must restore any pavement to any road or street excavated,
and the money deposited for the restoration of the pavement will be
returned upon satisfactory completion of the repair and restoration
of the pavement excavated. In the event a permittee fails to restore
the pavement in a satisfactory manner and within the time specified
in the permit, the Building Inspector shall arrange to have the road
department restore the pavement and charge the cost thereof against
the deposit made by the permittee. In the event the deposit is not
sufficient to pay the cost of such restoration and repair, the permittee
shall pay the difference immediately upon demand. Failure of the permittee
to restore the pavement in a satisfactory manner within the time specified
in the permit shall be considered as a violation of this section and
shall subject the permittee to the penalties provided herein.
F.
When it becomes necessary to open the paved section of any road,
such opening shall not be less than two feet wide nor more than three
feet at the top, nor shall any opening be less than three feet square,
and the sides of such opening shall be perpendicular at the top and
converged toward the bottom so that the width at the bottom shall
be less than and not greater than the width at the surface of the
pavement.
G.
Tunneling will not be permitted under any circumstances and shall
be an unlawful exercise of the privilege under any permit and a violation
thereof.
H.
Whenever possible, the permittee shall make the necessary excavation
on either side of the pavement in order to make his/her connection,
rather than excavating the pavement proper. In order to reach a main
on the opposite side, (s)he shall drive a pipe from one excavation
to the other so as not to disturb the pavement.
I.
The permittee shall backfill the excavation within the time specified
in the permit, and if not done within that time and no extension of
time has been obtained, the same shall be deemed a violation thereof.
The material for backfill shall be bank-run gravel or earth and crushed
stone or crushed gravel in even quantities, with no stone larger than
six inches. Not more than six inches of material shall be backfilled
at one time and the same shall be thoroughly moistened and tamped
until thoroughly compacted. All excess material shall be removed from
the roadway.[1]
J.
Whenever an opening discloses the fact that there is not sufficient
covering to prevent the freezing of the water, gas or sewer pipe,
the same shall be lowered to not less than four feet from the surface
of the pavement, at the expense of the owner.
K.
All work to be done in any excavation or opening of any road or street
shall be subject to the supervision in the manner of such excavation
or opening by the Township Engineer, or such duly authorized representative
or agent as either of such officials may designate in his/her place
and stead.
L.
All of the expense of excavating or opening any road or street and
backfilling the same, or any portion thereof, shall be at the sole
expense and liability of the permittee, and the Township or any of
its officers or agents or employees shall not be responsible or liable
for any part thereof. All repairs shall be maintained at the expense
of the permittee for one year after the completion of same, and no
highway shall be encumbered for a longer period than shall be necessary
to execute the work.
M.
Any opening or excavation in, on or under any road or street referred
to herein for which a permit shall be granted by the Township shall
be performed at the sole liability of the permittee, and the Township
shall not be liable to any person or party injured or damaged as a
result thereof. The permittee shall further indemnify and save harmless
the Township from any cost or expense to the Township as a result
of any claims for damage or injury suffered by any person as a result
of any such excavation or opening in any such road or street referred
to herein and forming the subject matter of any permit.
Any application for opening or causing any excavation in, on
or under any road or street of the Township, or for which the Township
Committee is responsible, shall be accompanied by a cash deposit,
letter of credit or guaranty in such amount as may be contained in
any schedule adopted for any of the purposes herein by the Township
Committee, which schedule of fees shall be published and maintained
in the office of the Township Clerk. The Township Committee may accept
in lieu of any required deposit for any permit to be granted hereunder,
a written guaranty or contract from the person, party or entity making
application for such permit, agreeing to make prompt and satisfactory
restoration and repair of the road or street opened or excavated.
The Township shall retain 5% of the required deposit to cover costs
incurred by the Township in the issuance of permits and as inspection
fees.
Any excavation or opening made in any road or street referred
to herein in any part of this section shall be subject at all times
to all laws of the United States of America, of the State of New Jersey
and to any other appropriate regulation adopted by the Township or
other governmental body having lawful jurisdiction to impose any such
law or regulation governing the use of such street or road.
In the event that any permittee violates the conditions of its
permit, or otherwise fails to restore any road or street in sufficient
manner as required herein, and the Township is required to make such
restoration at its own cost and expense, a certificate of the reasonable
cost and expense in effecting such restoration shall be prepared by
the Township Engineer, and upon being certified to by this official,
such certificate of cost shall be final and conclusive as to the amount
thereof, and such amount shall thereafter be immediately due and payable
by the permittee upon presentation of the certificate to the permittee.
A permittee shall notify the Building Inspector, or any agent
or representative duly authorized by such official, promptly upon
the completion of any restoration of the road or street following
any opening or excavation therein, and upon the approval and certification
thereof, in writing, the permittee shall be entitled to the refund
of any deposit or sum to which it might be entitled or otherwise to
the cancellation of any letter of credit or guaranty posted by the
permittee.
It shall be unlawful for any person to place materials of any
description whatever, structures, vehicles, equipment or other matter
of any nature whatever for storage upon or along any Township road
or street or other road or street which the Township shall have the
responsibility of maintaining without first obtaining a permit therefor
from the Building Inspector. No such permit shall be issued, except
on the following conditions or upon such other conditions as may be
hereafter adopted from time to time by the Township Committee:
A.
A permit for temporary storage of materials may be issued for a brief
period of time as may be reasonably required in the judgment of the
Building Inspector for the purposes required.
B.
The application for a permit shall describe the material in detail,
giving quantity, weight or dimensions and particulars thereof.
C.
Any materials stored or placed on any road or street referred to
herein shall be adequately protected, safeguarded and lighted at all
times in such manner as may be designated by the Building Inspector.
Appropriate notice of such storage or placement shall be given to
the traveling public upon such signs or in such manner as the Building
Inspector shall designate. The permittee shall be responsible for
the erection and removal of any barriers, signs or other structures
involved in protecting such materials and in warning the public thereof.
D.
The permittee shall be liable at all times to any persons damaged
or injured by such storage or placement of materials and shall be
solely and fully responsible to all persons affected by such action
and shall further indemnify and save harmless the Township, its officers,
agents and employees from any claims or actions, expense or damage
or injuries resulting therefrom.
E.
No materials shall be stored upon any road or street referred to
herein at any time in any manner so as to permit less than 18 feet
of way open to travel by the public.
F.
No materials, structures or equipment shall be placed at any time
in any manner so as to interfere with or divert the flow of water
along such road or street or in the gutters thereof.
G.
Applications for any permit hereunder shall be accompanied by a cash
deposit, letter of credit or other contractual guaranty or indemnification
in such amount and in such manner as shall be set forth in a schedule
of fees for such purposes now or hereafter adopted by the Township
Committee and maintained in the office of the Township Clerk.
