[Adopted 2-22-2005 by Ord. No. 2005-04 (Ch. 12.08 of the 2003 Municipal Code)]
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.
A. 
No person, company, corporation or utility shall make an excavation in, tunnel under or break the surface of any street without first attending a preconstruction meeting with all necessary entities and obtaining a permit from the Township of Bordentown.
B. 
A tunnel or excavation may be commenced without permit where an emergency has arisen which makes it necessary to start work immediately, provided that notification to the Township and an application for permit is made simultaneously with the commencement of the work or as soon thereafter is practical. The permit, when issued, shall be retroactive to the date on which the work began.
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.
A. 
Transferability. A permit shall apply to the person to whom it is issued or the person's agents and/or subordinates and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the Director. Any extension shall not exceed 90 days.
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Director, shall be kept in possession of the person actually performing the work and exhibited on demand to any duly authorized employee of the Department of Public Works or any police officer of the Township.
D. 
Modification of permit conditions. In a special case, the Township Committee may impose by resolution special conditions to which the issuance of the permit may be subject.
A. 
The applicant for a permit shall, prior to receiving a street opening permit, pay to the Township an application fee as set forth in Chapter 260, Fee Schedule, and in addition, shall deposit inspection fees in an escrow account a cash amount necessary to restore the area of the street or right-of-way disturbed. Performance guarantees other than cash may be approved by the Township Committee. The amount of inspection fees and the performance guarantees shall be determined by the Director of Public Works and/or the Township Engineer.
B. 
The amount of deposit returned to the applicant shall be determined by the Director based on any additional fees assessed. Return of deposit will be processed at the first available Township meeting following an approved final inspection.
C. 
The Township may issue permits to public entities without fee or cash deposit.
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.
A. 
Final inspection for the repaired surface shall be at the discretion of the Director based on the size and/or nature of the opening.
B. 
Final inspection shall be between 90 days and one year following an approved permanent repair. Should the permit not receive an approved final inspection, the Township may, at its discretion, extend the time or make the necessary repairs and charge the cost as additional fees assessed.
A. 
The Chief of Police may revoke a permit for any of the following reasons:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Violation of any provision of this chapter or any other applicable rules, regulations, laws or ordinances;
(2) 
Violation of any condition of the permit issued;
(3) 
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this chapter to constitute a nuisance.
B. 
The procedure for revoking a permit shall be the same as that set forth in Chapter 214, Business Licenses, for the revocation of licenses, except that the initial hearing shall be before the Administrator, with a right of appeal to the Committee. The Administrator's decision may provide that the revocation shall not become effective if the permittee corrects the violations within a specified period of time.
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.