[HISTORY: Adopted by the Township Committee of the Township of New Hanover as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-2016 by Ord. No. 2016-04]
A. 
No person, firm, corporation or utility shall make an excavation in or tear up or in any way impair the surface of any improved Township street for the laying, replacing or repairing of any water, gas or sewer pipe or for making any drain, laying telephone or electrical conduits or for any other purpose, without a written permit being first had and obtained from the Township Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The word "street" shall be intended to mean and include any road, street, highway, alleyway, thoroughfare or any other municipal right-of-way within the Township of New Hanover.
C. 
The application for such permit shall be made to the Clerk, in writing, signed by the applicant, specifying the place, kind of excavation and the time required to make the opening and backfill for the same.
A. 
The applicant shall keep the excavation properly guarded at day and night and shall have lights placed thereat and there maintained throughout the performance of the work and shall interfere as little as possible with travel along the street, and no greater part of any street shall be opened than shall be allowed by the Township Engineer.
B. 
The backfilling of trenches shall be performed by the party or parties making such opening or openings as set forth in this section and the standard detail trench restoration in roadway included herein.[1] All material returned shall be deposited in layers not exceeding 10 inches in depth and thoroughly rammed with tampers approved by the Township Engineer. Trench fill shall be in accordance with the detail annexed hereto or as directed by the Township Engineer. The trench, when filled, shall be level and flush with the finished grades of the road adjacent to the site of the opening.
[1]
Editor's Note: The standard detail referred to herein is on file at the office of the Township Engineer.
C. 
It shall be unlawful for any person to place any stone, earth ashes, boards, tile or other pipe or any other material in or upon any street or in any ditch so as to interfere with the flow of water along the gutters of any street or ditch.
It shall be unlawful for any person to place any stone, earth ashes, boards, tile or other pipe or any other material in or upon any street or in any ditch so as to interfere with the flow of water along the gutters of any street or ditch.
Payment for a street opening permit shall be made in the amount based on the following schedule:
A. 
No permit shall be granted by the Township Clerk until the applicant has paid to her the sum as set forth in the fee schedule in cash, money order or certified check drawn to the order of the Township of New Hanover and paid with the application.
B. 
If the application for the street opening permit is not being processed as part of a site plan or subdivision application, a minimum review escrow deposit as set forth in the fee schedule shall be made by the applicant with the Township Clerk to cover the initial cost of engineering review. The review escrow will be required to be replenished as necessary.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
An inspection escrow in an amount set forth in the fee schedule shall be posted with the Township Clerk after the application has been approved but before the street opening permit is issued. No road construction shall take place prior to the issuance of the permit, and no permit shall be issued prior to the posting of the necessary inspection escrows and engineering review escrows. In the event that the inspection costs incurred by the Township through the Township Engineer's office exceed the amount described above, then the same shall be required to be replenished; in the event that the inspection costs are less than the posted escrow, the balance shall be refunded to the applicant. All road work and repairs must conform to Township specifications.
D. 
The following fees are hereby established for:
(1) 
Street opening permit.
(a) 
Application fee: $100.
(b) 
Application fee if not associated with site plan or subdivision: $200.
(c) 
Initial inspection escrow: $500.
(2) 
Driveway apron permit.
(a) 
Initial driveway apron: $100.
(b) 
Additional driveway apron on same property: $25 (per apron).
(c) 
Escrow if drainage or swale required: $500.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any public utility, as defined in N.J.S.A. 48:13-9 et seq., and any private utilities may undertake street construction under a street opening permit conditioned upon said utility effectively restoring to its original condition any road or street within the Township opened or excavated by said utility and remedying any defects that may thereafter appear in such restoration or damage to the street surface or subsurface that may then or thereafter occur or appear by reason of such opening and otherwise comply with all other provisions of this article, and further conditioned for the payment to the Township of any moneys which the Township is obliged to expend in order to restore such road or street to its original condition or remedy any defects in such restoration or street damage then or thereafter caused by such excavation. In lieu of paying the permit application fees described above for each and every permit issued, the utilities may file with the Township Committee a bond in favor of the Township of New Hanover in the sum of $5,000, issued by a surety company licensed to do business in the State of New Jersey, and in a form approved by the Township Solicitor, ensuring that the utility shall restore said roadways and streets to their original condition, and further conditioned for the payment to the Township of any moneys which the Township is obliged to expend in order to restore such street to its original condition should the utility fail to do so. Said bond shall not be considered to be filed unless and until approved by resolution of the Township Committee. Notwithstanding posting of the bond, each utility shall be required to pay the engineering review and inspection escrow fees set forth in § 155-4B and C above.
A. 
In the event that, after a proper filing of the bond by the utility as set forth above, the utility shall fail to abide strictly by the provisions of this article, the Township Committee may, by resolution, revoke the privileges granted under its bond, return the bond to the utility and require payments specified in § 155-8 for all future road and street openings made by the utility. Nothing contained in this section shall be construed to relieve the utility of its obligation to obtain the permit provided for by this article for each subsequent opening.
B. 
Additional bond required. In the event that the estimated cost of restoring all or any openings for which permit application is made shall, either alone or when combined with the cost of openings not restored to their original condition and accepted, exceed $10,000, the utilities shall post additional bond to cover such excess openings.
No excavation or driving under the road will be allowed to be done in sheet asphalt, bituminous concrete, bituminous macadam, brick or concrete surfaces except in the presence of the Township Engineer or his authorized agent. Expenses for this inspection will be deducted from the amount deposited, in addition to the amount chargeable per the fee schedule set forth in § 155-4 above.
A. 
No ditch shall be dug within 10 feet of any Township road without first obtaining the approval of the Township Engineer, which approval shall not be given unless, in his opinion, the ditch will not endanger the construction of the road which it will adjoin.
B. 
No existing ditch adjoining a Township road and within 10 feet thereof shall be excavated to a depth lower than that now existing without first obtaining the approval of the Township Engineer, which approval shall not be given unless, in his opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.
A. 
Whenever the Township Committee undertakes any action to provide for the paving or repaving of any street, the Township Clerk shall promptly mail a written notice thereof to each person owning sewers, mains, conduits or other utilities in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that street opening permits or openings, cuts or excavations and permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the street opening permit may be completed not later than 45 days from the date of the governing body's action, whether same be by motion, resolution or ordinance. The Township Clerk shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and departments or other persons who may desire to perform excavation work in said street.
B. 
Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said streets shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Township Engineer, an emergency, as described in § 155-8.2 below, exists which makes it absolutely essential that the street opening permit be issued.
C. 
Every Township department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said Township street during said five-year period.
In the event of any emergency in which the sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining a street opening permit, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such a person owning or controlling such facility shall apply for a street opening permit not later than the end of the next succeeding day during which the Township Clerk's office is open for business and shall not proceed with permanent repairs without first obtaining a street opening permit under this article.
A. 
Maximum penalty. Any person, firm or corporation violating or contributing in any way to the violation of this article, or any part thereof, shall, upon conviction thereof, be punished by a fine not exceeding $1,000.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation; and each and every permit issued or applied for hereunder shall be deemed separate and apart from any other permit, notwithstanding that same may have been sought at the same time or seriatim.
C. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $250.
D. 
Costs of suit/reasonable attorneys' fees. In the event that the Township is forced to institute suit to compel compliance with the terms of this article, then and in that event the party against whom suit is filed, and/or the party deemed responsible for the remedies sought by the Township, shall be responsible for all of the Township's reasonable attorneys' fees and costs incurred in instituting and pursuing said litigation.