It shall be unlawful for any person to make any excavation, opening or tunnel in, on or under any of the streets, roads, rights-of-way or highways of the township without having first obtained a permit for the same as hereinafter set forth, or without complying with the provisions of this section or in violation of or variance from the terms of any such permit.
Applications for such permits shall be made in writing on forms provided by the township and filed in triplicate with the township engineer and shall describe the exact location of the intended excavation, opening or tunnel, the size thereof, the purpose therefor, and the person doing the actual work and the period of time within which the work and the name of the person for whom the work is being done, and the period of time within which the work shall be performed. The application shall also contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
Upon receipt of the application, a copy thereof shall be forwarded to the traffic safety bureau of the police department for a report concerning traffic control on the roadway to be affected; and a copy thereof shall be forwarded to the township engineer. The township engineer shall then prepare a written estimate setting forth the amount required to restore the street, road, right-of-way or highway to its original condition after the same has been excavated, opened or tunneled, in accordance with the application. The permit shall be issued by the township engineer subject to such terms and conditions as he shall deem necessary to ensure safe and unimpeded traffic flow and provided that the applicant shall have paid a fee to the township and shall have filed a performance guarantee with the township as is hereinafter required.
The fee for the permit shall be as set forth in Chapter XXIV, subsection 24-5.1.
No permit shall be issued unless and until the applicant therefor has filed with the township engineer a performance guarantee, in an amount equal to the estimate of the township engineer, to insure that the surface of the portion of the public way to be excavated, opened or tunneled shall be restored to its original condition within the time set forth in the application for the permit.
As shall be determined by the township engineer per section 11-1.5d, the performance guarantee may be in the form of a cash bond accompanied by a certified check payable to the Township of Roxbury or in the form of a surety bond issued by a bonding or surety company authorized to do business in the State of New Jersey and shall be in an amount equal to the township engineer's estimate. The bond shall remain in full force and effect until released, which release shall be given six months after satisfactory completion of the restoration of the surface in accordance with the terms and conditions as set forth in the permit and upon written request.
In the event of failure of performance under a cash bond, the township may use the proceeds of the cash bond to pay the cost of restoration and any amount in excess of the cost shall be returned to applicant. In the event of failure of performance under a surety bond, the township engineer shall notify the township committee which shall authorize the commencement of appropriate proceedings to compel performance in accordance with the terms of the bond.
The performance guarantee for right- of- way excavation, opening or tunneling shall be three hundred fifty ($350.00) dollars plus forty ($40.00) dollars per square yard or any part thereof for opening in pavement; the performance guarantee for unpaved shoulder excavation, opening or tunneling shall be three hundred fifty ($350.00) dollars plus ten ($10.00) dollars per square yard or any part thereof.
It shall be unlawful to make any excavation, opening or tunnel in any way contrary to or at variance with the terms of the permit. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations, the excavation shall not have anywhere below the surface any excavated portion which extends beyond the opening at the surface.
No injury shall be done to any pipes, cables or conduits in the making of such excavations, openings or tunnels; and notice shall be given to the person maintaining the pipes, cables or conduits which are or may be endangered or affected by the work to be performed, before the pipes, cables or conduits shall be disturbed.
No unnecessary damage or injury shall be done to any sidewalk, tree or shrub or the roots thereof. If damage or removal is unavoidable, it shall be noted on the application and the township engineer shall determine the appropriate remediation.
During the progress of the work and until the street, road or highway has been restored to its former condition, the person responsible for making the excavation, opening or tunnel shall cause the same to be properly guarded, both in the daytime and at night, in such a manner as to prevent injury to persons and property, and in accordance with such reasonable provisions as may be prescribed by the township engineer. All permits shall contain a statement that the work is to be so guarded.
If any sidewalk is blocked by any work, a temporary sidewalk shall be constructed or provided which shall be safe for travel, and convenient.
Any person making any excavation, opening or tunnel in, on or under any street, road or highway in the township, shall restore the surface to its original condition if there is no pavement there. Refills should be properly tamped down, and any bracing in a tunnel or excavation shall be left in the ground.
Any excavation or opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the ordinances of the township and under the supervision of the township engineer. Special provisions shall be applicable for roads surfaced within five years prior to the opening as determined by the township engineer.
The township engineer shall from time to time inspect or cause to be inspected all excavations, openings or tunnels being made in, on or under any street, road or highway in the township to see to the enforcement of the provisions of this chapter. Notice shall be given to him at least 72 hours prior to commencement of work and again at least ten hours before the work of refilling any tunnel or excavation. If proper notification is not made, the township engineer, at his discretion, may issue a stop work order and/or encumber part or all of a performance guarantee posted for the opening.
Notwithstanding the provisions of this chapter, any person may open up any township road, street or highway to repair any utility, provided it is an emergency and any delay in obtaining the required permit would result in endangering the health and general welfare of the inhabitants of the township; provided, however, that a permit as required herein is obtained within 72 hours after the emergency is discovered.