[Adopted 8-6-2015 by Ord. No. 2015-003]
A. 
No person shall, for any purpose whatsoever: 1) make or cause to be made any street opening or any penetration, excavation or disturbance of the surface of any portion of any street within the Township; or 2) construct, alter or remove any curb, sidewalk, retaining wall, driveway, or drainage facility in or under any street within the Township or unaccepted dedicated street unless he first obtains a permit from the Director of the Department of Public Works.
B. 
The requirements imposed herein shall not apply to unaccepted streets.
A. 
Application for permit shall be made in triplicate on the application form provided by the Township for that purpose, and shall be filed with the Director of the Department of Public Works.
B. 
Each copy of the application shall be signed by the Director of the Department of Public Works Supervisor and Township Engineer. One (1) copy shall be retained in his file, one copy to the applicant, and the third copy to the Township Engineer.
C. 
Within five working days after the receipt of the application, the Director of the Department of Public Works or Township Engineer or his designee shall inspect the premises, review the nature of the work to be done, and either approve or disapprove the application with reason. Work under the permit shall commence within seven days of the issuance of the permit, except work under a permit issued to a public utility shall commence within 60 days of the issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the Township Engineer. The applicant shall notify the Township at least 48 hours prior to commencement.
D. 
Application for a permit shall be made to the Director of the Department of Public Works and Township Engineer and shall contain the following information:
(1) 
The name, address and phone number of the applicant, contractor and owner.
(2) 
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
(3) 
The Township of Liberty Tax Map block and lot number or street address of the property for the benefit of which the opening is to be made.
(4) 
The nature of the surface in which the opening is to be made.
(5) 
Character and purpose of the work proposed including the width of the opening.
(6) 
Time when the work is to be commenced and completed.
(7) 
Each application shall be accompanied by a set of plans or sketch in duplicate showing the exact location and dimensions of all openings.
E. 
This article shall apply to all individuals, corporations, public utilities or other legal entities. It shall not apply to any municipal department.
F. 
Where the excavation is to be made in a heavily traveled street or where for any other reason it is deemed necessary by the Township to station a police officer near the excavation to direct traffic, the Permittee shall also be charged amounts sufficient to compensate the police officer at the excavation, including overtime cost, if any.
A. 
The following minimum deposits will be required for work performed under this article. Said deposits shall be held by the Township for the period of one year from the date of the final approval of completion of the work by the Township Engineer; or as otherwise provided in this article:
Type of Opening
Deposit or Bond Amount
(per square yard)
Pavement
$60
Road shoulder
$20
Lawn areas
$15
Curbing
$15
Sidewalk
$16
B. 
The permittee may, in lieu of a cash deposit, submit a surety bond, which, upon approval by the Township Attorney and Engineer as to sufficiency and form, shall have the same force and effect as a cash bond. Said bond shall, by its terms, provide for payment of any damages by or from the acts of the applicant or its agents, servants or subcontractors and shall save the Township of Liberty harmless from any suits at law or otherwise which may result from damages sustained by any persons or property as a result directly or indirectly of the work performed under the permit.
C. 
Deposits and bonds shall be held by the Township for a period of one year from the date of the final approval of completion of the work by the Township Engineer; or as otherwise provided in this chapter by the Township, or from final exception of deposits by single-family homeowners. At the discretion of the Township Engineer, deposits may be returned to single-family homeowners upon completion of the project. However, said homeowners shall continue to be responsible for any repair and maintenance to said project for a period of one year from the final approval of completion of the work by the Township Engineer.
D. 
There shall be a nonrefundable review and inspection fee of 5% of the deposit or bond amount established under Subsection A above or $25, whichever is greater.
E. 
Public utility corporations of the State of New Jersey may file a corporate bond in the amount of $10,000 on a yearly basis in lieu of the cash deposit or surety bond. Inspection fees for utility companies shall be calculated on the basis of the full cash deposit required under Subsection A above or the $25 minimum established in Subsection D above, whichever is greater.
F. 
The cost of all inspections made by the Director, Township Engineer or his designated inspector shall be disbursed out of the deposit and the balance returned if any. In addition, the Township Engineer may require a sum to be paid by the applicant in addition to the deposit or bond otherwise required herein if during the completion of the work the Engineer believes the deposit/bond originally made for completion of the project will not be of sufficient amount to cover inspection fees.
G. 
In the event that the permittee fails to complete the improvement and properly replace the broken curb, sidewalk or pavement within 10 days of written notice, weather permitting, the Township shall be allowed to complete the work and deduct the cost of the work from the deposit. If said deposit is insufficient to cover the cost thereof, the applicant shall be held liable for all costs and the incurred expenses shall be assessed to the applicant property owner as allowed and described in § 88-28 of this chapter.
In the event that the inspection fee of 5% does not cover the cost of the Township's inspections, the permittee agrees to pay the additional costs of inspections. No additional permits will be issued to the permittee until all outstanding inspection fees or costs under Subsection D are paid and all work on the project shall cease.
A. 
The permittee shall have the permit in possession at work site.
B. 
The permittee shall properly guard the excavation by the erection of suitable barricades and also by displaying warning lights at night. The permittee shall in all cases provide reasonable safeguards by day and night to protect the traveling public. The permittee shall at all times maintain proper and sufficient drainage to prevent the accumulation of water upon the road to ensure an adequate and safe passage for the traveling public and, in this respect shall carry out, at its own expense, any orders of the Director, Township Engineer or police as they may deem appropriate to maintain the site in a safe condition for persons and property.
C. 
The permittee shall be liable for any neglect to safeguard the traveling public and be completely responsible for the control and activities of any and all contractors, subcontractors or other persons performing work at the site.
A. 
If the excavation extends the full width of the roadway, at least 1/2 of it shall be properly backfilled or covered with one-inch steel plates secured and pinned properly before the other 1/2 is excavated, so as not to interfere with traffic. Steel plates may not be used from November through April and may not be left in place for more than 24 hours.
B. 
The excavation and backfilling shall be made within the time specified in the permit or within any extension there given by the engineer.
C. 
All excavation work shall be coordinated to minimize the period of obstruction.
D. 
The maximum width and size of all shall be set forth in the sketch plans submitted with the application and approved by the Township.
E. 
Any tunneling under the paved portion of the roadway shall be reviewed and approved by the Township Engineer or Director of the Department of Public Works.
F. 
All patching must be in method approved by the Township.
G. 
The permittee shall, if possible, make the necessary excavation on either side of the pavement in order to make his connection rather than to excavate the pavement proper. To reach the main on the opposite side, the permittee shall drive a pipe from one excavation to the other so as not to disturb the pavement. All said work shall be done in the manner prescribed under the permit.
H. 
Material:
(1) 
The permittee shall use as the material for backfill a Type I - Class B - Bank Run Gravel, or Type 5, compacted in lifts not exceeding one foot to within six inches of the surface after compaction. Existing fill may be reused if it is determined by the Township Engineer to be acceptable. The base course shall then consist of four inches of stabilized base, either lime fly ash or bituminous concrete and a temporary surface course consisting of two inches of FABC Mix No. 5.
(2) 
When authorized by the supervisor or engineer, the contractor shall remove the temporary surface course by a method approved by the municipal engineer and place a final surface consisting of two inches of FABC Mix No. 5.
I. 
All excavated material shall be removed from the roadway and carted away.
J. 
In no event shall any street remain wholly or partially obstructed overnight without special permission from the engineer or superintendent. The State Police shall be notified by the contractor or permittee.
K. 
All work shall conform to the standard specifications as adopted by the Township, which include curbing, sidewalks, pavements and backfilling. Said specifications shall be a part of this ordinance.
L. 
In the case of emergencies, a similar permit shall be taken out within two working days after such emergency opening or excavation is made.
M. 
Under no circumstances shall an existing curb or sidewalk be cut or broken, but must be removed at the nearest joint.
N. 
To insure adequate protection for any possible damage which may be caused to property or injury to any person or persons, any permittee performing any work under the provisions of this ordinance shall be required to furnish proof to the Township that there is in effect covering said property, public liability insurance issued by an insurance company authorized to transact business in the State of New Jersey, in an amount of not less than $1,000,000, single limit of liability for incidents involving the company or its work or in an amount acceptable to the Township Attorney. The permittee shall also provide bodily injury insurance and property damage insurance in the amounts stated above covering the operation of all motor vehicles owned by the permittee or used by the permittee in the prosecution of the work under the permit. All insurance policies shall provide for the reinstatement of full coverage after the payment of any claim. Whenever, in the opinion of the Township Attorney a permittee is capable of acting as a self-insurer, then the Township Council may waive the provisions of insurance coverage as hereinabove set forth.
No person shall:
A. 
Cause damage to any street by locking the wheels of any vehicle or attaching a drag or other mechanism to any vehicle;
B. 
Use or operate any type of vehicle equipment utilizing any type of traction tread or wheel lugs likely to cause damage to the street;
C. 
Obstruct the drainage along any street with dirt, fill, earth, rock, leaves or any other material, equipment or article, or by installing a pipe of inadequate size under a walkway, driveway, or along the street;
D. 
Obstruct, interfere with, or divert the flow of water in or from any existing drainage facility carrying storm water or ground water under any street, or across private property;
E. 
Do or cause to be done any act including the construction of buildings, private roads, grading, landscaping, or otherwise, which causes or results in restricting or exceeding the capacity of any drainage facility, or in the accumulation of dirt, silt, earth, rock or other materials upon any street or drainage facility, irrespective of the manner or distance by which said water, dirt, silt, earth, rock or other material shall travel before reaching said street or drainage facility;
F. 
Place or store building material, supplies or equipment, construction shanties or tool sheds, earth, dirt, stones or any other materials or articles upon any street except while such street is under construction or repair and in connection therewith, and except in connection with work being done by any public utility company or corporation defined in N.J.S.A. 48:2-13.
G. 
Obstruct of private driveways except where permitted by the engineer or supervisor.
Immediately upon discovery or notification of any violation of the provisions of this chapter, the Director, Supervisor of Streets or Engineer shall issue a written order to the owner or tenant, requiring compliance therewith within 10 days. If such person refuses or neglects to comply with the order of the Engineer within the stated time limit, the Supervisor shall proceed to have the violation corrected by having the required work accomplished. If however, the Director or Engineer shall determine that the violation places the public or surrounding property in imminent danger of injury or damage, a stop-work order may issue and/or the permittee may be ordered to take immediate action to correct the violation.
If any work is done by the Director of Public Works or at his direction by private contracts, he shall certify the cost of the work to the Council. The Council shall examine the certificate of cost and if it finds the certificate to be correct, shall cause the cost as shown thereon to be charges against the property benefited. The amount so charged shall forthwith become a lien upon such property and shall be added to and become and form part of the taxes next to be assessed and levied upon such property benefited, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person who violates any provision of this article with resultant damage to or obstruction of any street, private driveway, curb, sidewalk, gutter, storm drain or culvert shall be liable for all expenses incurred by the Township in repairing said damage or removing said obstructions, in addition to the penalty prescribed below. Further said expenses shall act as a lien against the property of the original permittee.
Any person who violates any provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,500, or by imprisonment for a term not exceeding 90 days, or both. Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
Any openings to streets under construction shall be in conformance with an approved subdivision or stipulation with all the requirements of this chapter, except the bonding requirements.
A. 
Notice of pending paving; time restriction on excavations. When the Township shall improve or pave any street, the Superintendent of the Department of Public Works shall first give notice by delivering it personally or by posting notice on the premises and by regular mail to all persons owning property abutting on the street about to be paved or improved and to all public utilities and authorities operating in the Township, and all such persons, utilities and authorities shall make all connections, as well as any repairs thereto which would necessitate excavation of the street, within 30 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Superintendent of Public Works.
B. 
Opening newly paved street: restrictions. No permit shall be issued by the Superintendent of the Department of Public Works to any person given notice under Subsection A hereof which would allow an excavation or opening in a paved or improved street surface less than five years old unless the applicant can clearly demonstrate to the governing body that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
C. 
Opening newly paved street: penalty charge. If, by special permission of the Mayor and Council, a permit is issued to open any paved or improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof for the five-year restriction period.