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.
a.
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.
b.
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.
c.
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.
d.
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.
