[Amended in entirety 11-24-2020 by Ord. No. 25-2020. Prior history includes 5-21-1946 (Ch. 215, Art.
I, of the 1990 Code); as amended 12-17-1962; 10-4-1963 by Ord. No. 14-63; 5-17-1966; 3-27-1979 by Ord. No.
13-79; 3-27-1979 by Ord. No. 13-79; 4-14-1981 by Ord. No. 3-81; 12-22-1981 by Ord. No. 33-81; 10-12-1982 by Ord. No. 18-82; 9-25-1990 by Ord. No.
40-90; 5-10-2011 by Ord. No. 14-2011]
[Amended 11-24-2020 by Ord. No. 25-2020]
It shall be unlawful for any person, firm or corporation to
make any excavation in or tear up the surface of any road or street
in the Township of Mount Olive (for the maintenance of which the Township
of Mount Olive is responsible) for any purpose whatsoever without
a written permit first had and obtained from the Department of Public
Works of the Township of Mount Olive as hereinafter provided.
[Amended 11-24-2020 by Ord. No. 25-2020]
A.
Application must be made, in writing, by the firm, corporation or
persons for a permit for an excavation on any road, the maintenance
of which is chargeable to the Township of Mount Olive, for any purpose
whatsoever. Said application is to state the purpose of such excavation,
namely: sewer, water, gas, telephone or for any purpose not specified
herein.
B.
Permission to make excavation or tear up the surface of a road does
not carry any right to make sewer, water or gas connections. A separate
permit to make gas, water or sewer connections must be obtained from
proper officials.
C.
Work under a permit shall commence within 45 days of the issuance
thereof. If work is not begun with that time, the permit shall automatically
terminate until extended in writing by the Superintendent of Public
Works.
D.
A permit shall apply only to the person to whom it is issued and
shall not be transferable.
E.
A copy of the permit, together with a copy of the plan indicating
approval by the responsible municipal official, shall be kept in the
possession of the person performing the work. A permit may be revoked
for any of the following reasons:
(1)
Violation of any provision of this article or any other applicable
rules, regulations or ordinances.
(2)
Violation of any condition of the permit issued.
(3)
Performing work under the permit in a manner that endangers life
or property or that creates any condition that is unhealthy, unsanitary
or is otherwise contrary to the public health, safety concerns or
general welfare.
[Amended 11-24-2020 by Ord. No. 25-2020]
All excavations shall be completely backfilled by the permittee
and shall be compacted by tamping or other suitable means in the manner
prescribed by the Superintendent of Public Works. Where the Superintendent
of Public Works determines that the excavated material is unsuitable
for backfill, the permittee shall backfill the excavation with dense
graded aggregate, sand and gravel or other suitable material, which
shall be placed in layers not exceeding six inches in depth and thoroughly
compacted in the manner prescribed by the Superintendent of Public
Works. Upon completion of the work, the permittee shall remove any
excess material and leave the premises in a clean condition. If the
Superintendent of Public Works determines that a backfilled excavation
has settled or caved in, the Superintendent shall notify the permittee,
who shall promptly repair the deficiencies.
[Amended 11-24-2020 by Ord. No. 25-2020]
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, unless otherwise provided by this article:
|
Type of Opening
|
Deposit or Bond Amount
|
|---|---|
|
Pavement
|
$60 per square yard
|
|
Road shoulder
|
$20 per square yard
|
|
Lawn areas
|
$15 per square yard
|
|
Curbing
|
$15 per linear foot
|
|
Sidewalk
|
$16 per square yard
|
B.
The applicant may, in lieu of a cash deposit, submit a surety bond,
which, upon approval by the Township Attorney 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 Mount Olive 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, with the exception of deposits by single-family homeowners.
At the discretion of the Superintendent of Public Works, 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.
[Amended 11-24-2020 by Ord. No. 25-2020]
A.
It shall be the duty of the permittee to properly guard any excavation
or storage piles by the erection of suitable barriers by day and lights
by night or warning signs and watchmen, if deemed necessary by the
Superintendent of Public Works or other designated person. The permittee
shall be liable for any neglect to safeguard the traveling public.
If the excavation extends the full width of the road, only one-half
of it shall be made at one time, and it shall be backfilled before
the other one-half is excavated, so as not to interfere with traffic.
In any other case, there shall at all times be maintained a carriageway
of at least 18 feet in width.
B.
All work shall be done in a manner that causes a minimum of interference
with travel on the street affected. No street shall be closed to traffic
unless the closing is approved by the Chief of Police. The Police
Department shall be informed of all street closings at least 24 hours
in advance except where the work is of an emergency nature, which
notice shall be given to the Police Department when work commences.
[Amended 11-24-2020 by Ord. No. 25-2020]
The surface of any Township highway and any pavement or flagging
taken up by the permittee in its construction work shall be restored
by the permittee, at the permittee's own expense, to a condition acceptable
to the Superintendent of Public Works or other designated person and
shall be maintained, at the expense of the permittee, in said condition
for one year after the completion of the same, and no highway shall
be encumbered for a longer period than shall be necessary to execute
the work.
A.
The Superintendent of Public Works, at the Superintendent's discretion,
will determine if an Infrared Heater is to be used in combination
of the installation of the below Hot Asphalt Mix in order to restore
the road bed to a satisfactory condition.
B.
The restoration of a street foundation or surface shall not commence
until the Superintendent of Public Works determines that settlement
of the subsurface is complete and the area properly prepared for restoration.
C.
The foundation shall be restored to a width of 12 inches wider than
the width of the trench, except where deemed unnecessary in the reasonably
exercised judgment of the Superintendent of Public Works.
D.
The street surface pavement shall extend 12 inches wider than the
width of the foundation and six inches longer than the length of the
foundation.
E.
In all cases, the foundation shall be constructed of such material
and in such a manner as will best serve its intended purpose as deemed
appropriate by the Superintendent of Public Works.
F.
Temporary restoration shall consist of a minimum of six inches of
Hot Mix Asphalt, Mix I-5 compacted and brought to grade and shall
be maintained by the permittee to grade.
G.
Permanent restoration shall consist of a minimum of eight inches
of Hot Mix Asphalt, Mix I-2 and two inches of Hot Mix Asphalt, Mix
I-5 surface course applied with appropriate tack coat to adjacent
pavement surface.
[Amended 11-24-2020 by Ord. No. 25-2020]
A.
For any work done under this agreement, the permittee shall submit
blueprints or plans, in duplicate, to the Department of Public Works
for approval, and, if it is considered necessary or desirable, a joint
general inspection may be directed by said Township Council to be
made by the Township Engineer or other designated person and the permittee.
After the approval of the blueprint or plan, if, in the course of
the proposed construction shown thereon, any changes or deviations
become necessary in the work, the permittee shall, before making such
changes or deviations, obtain the approval of the same by the Superintendent
of Public Works or other designated person. Upon completion of the
entire work, the permittee shall file plans, showing, in full detail,
all of the work after its completion.
B.
In addition to said general inspection, an inspector may be placed
on the work by the Superintendent of Public Works, if it is thought
necessary and desirable, at the expense of the permittee and at the
prevailing rate of wage set by ordinance.
[Amended 11-24-2020 by Ord. No. 25-2020]
In connection with this work, it shall be unlawful for any persons, firm or corporation to place material of any description whatsoever, or vehicles or other equipment of any nature whatsoever, upon any road or street so as to interfere with the flow of water along the gutters or to interfere with traffic on such road or street without first having obtained a permit. The permit shall state the approximate quantity of material or the number of vehicles or equipment to be stored and the time of such storage, and the same shall be guarded as set forth in § 347-5.
[Amended 11-24-2020 by Ord. No. 25-2020]
In cases of emergency, such as the opening of drains or the
repairing of drains, sewer, gas or water pipes, when sudden stoppages
or breaks have occurred, the permit herein provided for may be granted
by the Superintendent of Public Works or other designated person upon
such terms and conditions as the Superintendent may deem proper.
[Amended 11-24-2020 by Ord. No. 25-2020]
A.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to commence work immediately,
provided that an application for a permit is filed simultaneously
with the commencement of work, together with an estimate of fees required.
In such an emergency, the filing of the application and posting of
fees may be delayed until the next business day subsequent to the
commencement of work where the emergency has arisen subsequent to
the close of business of the next previous day. When issued, the permit
shall be retroactive to the date on which work began.
B.
No permit shall be issued between December 1 and March 15, except
for an emergency.
C.
There shall be a five-year moratorium on road opening permits on
newly paved roads, except for an emergency.
[Amended 11-24-2020 by Ord. No. 25-2020]
The Superintendent of Public Works may refuse the issuance of
a permit if such is in the interest of the public safety, convenience,
health or welfare. If a permit is refused by the Superintendent of
Public Works, an appeal in writing may be taken to the Township Council
which, after hearing, may direct the issuance of a permit or sustain
the denial thereof.
[Amended 11-24-2020 by Ord. No. 25-2020]
The Superintendent of Public Works or other designated person
is charged with the enforcement of all the provisions of these regulations.
[Amended 11-24-2020 by Ord. No. 25-2020]
A.
The Superintendent of Public Works may make any rules and regulations
deemed necessary for the administration and enforcement of this article,
provided that the same shall not be inconsistent with or alter or
amend any provision of this article. Such regulations shall be effective
upon approval by the Township Council.
B.
Utility companies shall report to the Department of Public Works
on an annual basis, their intentions with regard to prospective work
requiring future street openings in the Township for the purpose of
coordinating such activity with pavement and resurfacing projects
anticipated by the Township.
C.
Except in the case of an emergency, the Township shall have the right
to schedule street openings with utility companies in a manner which
will create the least disturbance to pavement courses, and particularly
those areas that have been recently resurfaced.
[Amended 11-24-2020 by Ord. No. 25-2020]
Any person, firm or corporation who violates any provision of
this article shall, upon conviction thereof, be punishable by one
or more of the following; by imprisonment for a term not exceeding
90 days or by a fine not exceeding $1,000 or by a period of community
service not exceeding 90 days.
