As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person who makes application for a permit.
CLERK
The Clerk of the Township of Edgewater Park or his duly authorized
deputy.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
The person duly appointed Township Engineer, his authorized
deputy, representative or inspector.
PERMITTEE
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
PERSON
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to statute. Whenever
used in any section prescribing and imposing penalty, the term "person"
as applied to associations shall mean the partners and members thereof
and as applied to corporations, the officers thereof.
STANDARD SPECIFICATIONS
The New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction, 1961.
STREET
Includes the public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Township and any state or county road over which
the Township may have acquired jurisdiction by agreement.
TOWNSHIP
The Township of Edgewater Park, County of Burlington, State
of New Jersey.
It is unlawful for any person to tear up, dig into, break up,
displace or excavate any of the streets, sidewalks, curbs or gutters
in the Township without first obtaining a permit therefor from the
Township Clerk.
When the amount of the cash guarantee as determined under §
455-4 would exceed $1,000, the applicant may, at his option, furnish a guarantee bond with corporate surety for the full amount of such cash guarantee instead of making the required cash guarantee. Said bond will unconditionally guarantee that the applicant will make the proposed street opening, backfill same and restore the pavement in accordance with requirements of the Township and maintain same for a period of one year from the date of the resurfacing of said road.
Any person making any opening or excavation in any street in
the Township shall carry out the work as expeditiously as possible
and in such manner as to cause the least possible public inconvenience
and to permit the use of the sidewalks by pedestrians, the roadway
by vehicles and the flow of water along the gutters.
All openings, diggings, excavations, piles of material, equipment
and barricades, including earth, dirt, and stone or other materials
removed from the excavation, shall be carefully guarded at all times
to prevent accidents, and a sufficient number of lighted lanterns,
flares or torches shall be maintained between sunset and sunrise by
the contractor or persons to whom such permit has been granted, to
designate such openings or obstruction during the hours of darkness.
Where any excavation or trench is to extend across any road or street,
only 1/2 of the same shall be made at one time, and it shall be properly
backfilled before the other 1/2 is excavated, so as not to interfere
with traffic.
All existing pavements, road surfaces, sidewalks, curbs, gutters,
pipes, manholes, drains, conduits or other installations or fixtures
and property likely to be injured, damaged or destroyed shall be properly
protected by the person doing any work for which a permit has been
granted during the time when such work is being performed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The work on any opening to be made under any such permit shall be commenced within 10 days from the date of such permit and the work prosecuted with due diligence to its completion. If, for any reason, work is not commenced within said period of 10 days, the applicant shall present the permit to the Township Clerk who shall thereupon either return the cash guarantee required under §
455-4 or extend the time for the beginning of the said work for another period of 10 days by endorsement on the permit, and no permit so extended shall be valid unless the work thereunder is commenced within 10 days from the date of such endorsement. If work is not commenced within the extended period of time, the cash guarantee required under §
455-4 shall be returned to the applicant.
In the case of any opening which restricts vehicular traffic
to less than two ten-foot-wide travel lanes, excavation and backfill
shall be made within a single eight-hour period, except under special
occasions or circumstances where underground conditions or structures
warrant a longer period of time. In other cases, it shall be made
within one week's time, except where underground conditions or
structures warrant a longer period of time. Street openings shall
be resurfaced within the period of time designated by the Township
Engineer at the time he inspects the backfilling operation, having
due regard to the type of street involved and the volume of vehicular
traffic which uses the same. Prior to resurfacing, the backfill shall
be maintained in order to prevent depressions or bumps in the street
surfaces and suitable material shall be applied thereto to keep down
dust.
In the event that the permittee shall fail to properly excavate,
backfill or restore the street, sidewalk, curb or gutter involved
to its proper condition as soon as practicable and within three days
after the service or mailing of a notice from the Township Engineer
so to do, then the Township Engineer may cause such restoration to
be made and pay the cost thereof from said cash guarantee or, in case
a bond has been filed in lieu of a cash guarantee, the Township shall
collect the cost of such restoration from the permittee. If, during
such period of one year, the filling of the opening shall require
repairing and the permittee shall fail to make such repairs as are
required within three days after the service or mailing of a notice
from the Township Engineer so to do, then the Township Engineer may
cause such repairs to be made and pay the cost thereof from said cash
guarantee or, in case a bond has been deposited in lieu of a cash
guarantee, the Township shall collect the cost of such repairs from
the permittee. When the work has been completed in accordance with
the requirements and regulations as contained herein and as may from
time to time be adopted by the Township to implement this article,
the cash guarantee or such portion of the cash guarantee which may
remain will be refunded to the permittee.
In the event of an emergency where circumstances will not warrant
delay to first secure a street opening permit, a street may be opened
without a permit; provided, however, that such opening shall be confined
in size to the area necessary to take care of the emergency. A street
opening permit for said emergency opening plus any additional area
that it may be necessary to open shall be secured before the close
of business on the next business day of the Township following the
opening. Each day's delay in securing the street opening permit
following an emergency street opening shall be deemed a distinct and
separate violation of this article.
All newly reconstructed, resurfaced or repaired Township roadways are subject to a five-year road opening moratorium as stipulated in §§
455-19 through
455-22 below.
Permits for work to be done prior to any paving or repaving
shall be submitted promptly, in order that the work covered by the
excavation permits may be completed no later than 45 days from the
date of enactment of such ordinance or resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any person violating any of the provisions of this article or part thereof shall, upon conviction, be subject to the penalty in Chapter
1, Article
II, General Penalty, of the Code of the Township of Edgewater Park.