For the purposes of this chapter:
ADMINISTRATOR
The Township Administrator or the person acting in the capacity
of the Township Administrator or the Township Administrator's designee.
CHIEF OF POLICE
The Chief of Police of the Township of Bordentown Police
Department or the Chief's designee.
DIRECTOR
The Director of Public Works or the Director's designee.
STREET
Any road, highway, public way, public alley, easement or
other right-of-way improved, unimproved, accepted or maintained by
the Township as a public street, as well as any state or county road
or highway over which the Township has acquired jurisdiction by agreement.
Application for a permit shall be made to the Director and shall
contain the following information:
A.
Name and address of the applicant;
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property;
C.
The Township Tax Map block and lot number of the property for
the benefit of which the opening is being made;
D.
Nature of surface in which the opening is to be made;
E.
Character and purpose of the work proposed;
F.
Time when the work is to be commenced and completed;
G.
Each application shall be accompanied by a set of plans (may
require multiple copies) or drawings showing the exact location and
dimensions of all openings;
H.
The name, address and phone number of the worker or contractor
who is to perform the work;
I.
A statement that the applicant agrees to restore, at the applicant's
expense, immediately following the completion of the work, the street,
curb, gutter and sidewalk to the condition that they were in at the
time of commencement of work. Temporary material may be installed
at the completion of the work, providing permanent restoration is
completed within 90 days;
J.
A traffic control plan approved by the Township Police Department,
should the work involved affect the flow of traffic on the street
or streets. Notification of the traffic control plan will be made
by the Police Department to the Director of Public Works or the Director's
designee;
K.
Emergency contact telephone numbers for after hours;
L.
A reasonable emergency response time and consent to action and
billings by the Department of Public Works.
Permits shall be issued in accordance with the provisions of
this chapter and such regulations as the Township Administrator may
establish. The Director shall determine the initial time limit during
which the permit shall be valid. The original of each permit shall
remain on file with the office of the Director.
No permit shall be issued until the applicant has furnished
the Director with satisfactory proof that the applicant is insured
against injury to persons and damage to property caused by any act
or omission of the applicant, the applicant's agents, employees, or
subcontractors done in the course of the work to be performed under
the permit. The insurance shall cover all hazards likely to arise
in connection with the work, including but not limited to collapse
and explosion, and shall also insure against liability arising from
completed operations. The limits of the policy of insurance shall
be $100,000 for injury to any one person, $300,000 for injuries to
more than one person in the same accident, and an aggregate of $100,000
for property damage for a single incident. The Director, with the
consent of the Township Committee, may waive the requirements of this
section for public utilities on the presentation of satisfactory proof
that they are capable of meeting claims against them up to the amount
of the limits of the insurance policy, which would otherwise be required.
The Director may deny the issuance of a permit if denial is
in the interest of public safety, convenience or health. If a permit
is denied by the Director, an appeal may be taken to the Committee.
The Committee, after hearing the applicant and the Director, and other
evidence as may be produced, may direct the issuance of a permit or
sustain the denial of the issuance of the permit.
All permits issued under this chapter shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times
and during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B.
All work shall be done in such manner as to cause a minimum
of interference with travel on the street affected. No street shall
be closed to traffic unless the Chief of Police approves the closing.
The Police Department shall be informed of all street closings at
least 24 hours in advance, or as specified by the traffic control
plan, except where work is of an emergency nature, then such notice
shall be given to the Police Department when work commences.
C.
The Director may, on application by the permittee, extend the
time limit during which the permit shall be valid.
D.
All refuse and material placed on or near the street during
excavation must be removed within 24 hours of completion. If any refuse
or material remains, then it must be placed a minimum of 30 feet off
the roadway to ensure work zone safety.
E.
All excavations shall be completely backfilled by the permittee
and shall be compacted by tamping or other suitable means in a manner
prescribed by the Director. Where the Director determines that the
excavated material is unsuitable for backfill, the permittee shall
backfill the excavation with sand, soft coal, cinders or in layers
not exceeding six inches in depth and thoroughly compacted in the
manner prescribed by the Director. On completion of the work, the
permittee shall remove any excess material and leave the premises
in a clean condition. If the Director determines that the backfilled
excavation has settled or caved in, the Director shall so notify the
permittee, who shall promptly resume backfilling until the Director
determines that settlement is complete.
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
G.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
H.
If the work is not completed within 48 hours and the permanent
restoration is not completed within 90 days, or any extension granted
by the Director, or is not performed in accordance with the regulations
set forth in this chapter and any other regulations that may be established
by the Township Committee, then the Township may complete the work
and restore the surface of the street. The cost of restoring the street
shall be charged to the permittee and may be deducted from the deposit
or recovered by an action in any court of competent jurisdiction.
I.
Staging for equipment must be established and approved by the
property owner for any equipment left at the work site.
In all cases, the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
A.
No permittee shall commence the restoration of any street foundation
or surface until the Director has determined that settlement of the
subsurface is complete and the area properly prepared for restoration.
B.
The street surface shall be restored so as to extend six inches
beyond the excavation on all sides.
C.
The street surface shall be restored to the satisfaction of
the Director.
The Township Committee may make any rules and regulations, which
it considers necessary for the administration and enforcement of this
chapter, but no regulation shall be inconsistent with, alter or amend
any provisions of this section, or impose any requirement, which is
in addition to those expressly or by implication imposed by this chapter.
Copies of all current regulations shall be furnished each permittee
at the time of the issuance of the permit.