[Amended 9-10-2024 by Ord. No. O-10-24]
It shall be unlawful for any person to cut, break into, excavate or open any street of the township without first securing a permit from the Township Clerk as required herein at Subsection A.
A. 
The application fee shall be $100 per road opening.
B. 
The applicant must post a performance guaranty bond in the amount of $5,000 per opening for excavations totaling 100 square yards or less. For trench areas greater than 100 square yards, the guaranty amount shall be calculated at $50/square yard.
C. 
The escrow inspection fee to be paid upon filing an application for utility openings permit for the improved roads shall be based on the following:
(1) 
$300 for trench areas totaling 100 square yards or less.
(2) 
An amount equal to 5% of the performance guaranty as determined by paragraph b. above for trench areas greater than 100 square yards.
D. 
Where trenching is to take place outside the cart way but within the R.O.W., fees and bonding requirements will be as in Subsections A, B and C above.
E. 
When the number of opening exceeds four, or the trenching is associated with a utility main replacement, the following shall apply:
(1) 
A pre-construction meeting will be mandatory with the Township. No work shall occur, nor will the permit be considered valid, until such meeting is held.
(2) 
Roadway restoration for the individual trenches shall be combined into a single roadway repair. This single repair shall encompass all individual openings on the same side of the street. The restoration shall be performed from the curb line (or gutter line) to the centerline of the roadway and to the satisfaction of the Township.
F. 
A utility company may request a master permit for a main replacement or phone, electric, communications line installation or replacement project. A master permit will consist of a single street opening permit issued per project. This permit shall be limited to no more than three individual streets. The minimum fees shall be based on the following:
(1) 
The application fee shall be $10,000.
(2) 
The performance guaranty shall be calculated at $20/square yard with roadway restoration areas determined as per § 337-2E(2).
(3) 
The escrow inspection fee initial deposit shall be $10,000. When the balance of the escrow falls below $5,000, another deposit of $5,000 shall be required.
G. 
Where tunneling or trenchless technology is utilized in lieu of the open cut method, a bond will be posted as required in Subsection B above, with the provision that the trench width will be based upon the open cut method. All fees will be as required in Subsections A, B and C above.
H. 
When the open cut method is utilized, all excavations are to be backfilled with flowable or 15:1 fill.
I. 
There shall be a separate application and fee of $100 charged for a permit to construct a curb on any street unless such construction will result in damage to the street surface. In such an event, an escrow fee shall be determined by the Inspections and Approval Officer in such amount as shall be required to pay the cost of repairing the surface of such street by Franklin Township should the permittee fail in his responsibility to repair the road surface as required. Curbing broken or removed during the installation of utilities covered under a utility opening permit shall be repaired or replaced by the permittee. The cost of the repair shall be borne by the permittee. Should the permittee fail to repair curbing broken by his activities, Franklin Township shall repair curb and assess the permittee for all costs incurred.
J. 
In the event that the Inspection and Approval Officer (Township Appointed Engineer or their designee/representative) determines that any excavation for which a permit has been issued is of greater dimensions than those stated in the permit, or if the Inspection and Approval Officer (Township Appointed Engineer or their designee/representative) determines that any street surface has been damaged in connection with the construction of curbs and such damage has not been repaired, then and in either case the Inspection and Approval Officer shall notify the applicant, who shall pay any additional fee and post any additional bond as required forthwith and before continuing any further work in connection with such excavation or construction.
K. 
In all cases where the forgoing bonds are posted, the permittee shall restore the surface of the street upon the completion of the work by the permittee in accordance with the provisions of this section. Upon verification of completion of the restoration of the street surface by the Inspection and Approval Officer, and a six-month maintenance period, the bond fees shall be released to the permittee. Any unused escrow fees shall be returned to the permittee.
No person to whom a permit has been granted shall perform any work in any amount or quantity greater than that specified in the permit, except that upon the approval of the Engineer, additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit deposited in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
Work for which a permit has been issued shall commence within 45 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
Permits are not transferable from one person to another, and the work shall not be made in any place other than the location specifically designated in the permit.
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Clerk a request for an extension of time, setting forth therein the reasons for the requested extension. If such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time by the Township Clerk for the completion of the work upon recommendation of such extension by the Township Engineer.
The provisions of this chapter shall not be applicable in those instances where the highway is maintained by the State of New Jersey or by the County of Gloucester, except in such cases where the township may have special arrangements with the state or county.
A. 
Any permit may be revoked by the Township Committee after notice to the permittee for:
(1) 
Violation of any condition of the permit or of any provision of this chapter.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
B. 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the permittee or by certified or registered United States Mail addressed to the permittee.
C. 
A permittee may be granted a period of 48 hours from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the township shall cause such work to be done as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred therein by the township shall be recovered from the deposit the permittee has deposited with the township.
It shall be the duty and responsibility of each applicant to:
A. 
Make a written application for such permits with the Township Clerk on such forms as the township shall prescribe. No work shall commence until the Engineer has approved the application and plan and the applicant has paid and provided all fees, deposits and certificates required by this chapter. The Clerk will issue a permit within 14 days after receipt of the Township Engineer's approval of the permit application and all required fees, deposits and certificates from the applicants.
B. 
Include, in the application, information stating the kind, character and purpose of the proposed excavation or opening and such other information which may be reasonably required to fulfill the requirements of this chapter.
C. 
Furnish in triplicate a scaled plan showing the location of the work to be performed under said permit. If approved by the Engineer, one copy of such plan shall be returned to the applicant at the time the permit is granted.
D. 
Obtain a permit for each and every opening.
E. 
Agree to save the township, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant, whether the same is expressed or not.
F. 
Pay a permit and engineering review fee and security deposit in accordance with the requirements of Article IV herein.
G. 
Furnish a certificate of insurance as required by Article V of this chapter or, in the case of a public utility or authority, furnish a self-insurer certificate issued by the Security Responsibility Bureau of the Division of Motor Vehicles, Department of Law and Public Safety, for the State of New Jersey.
H. 
Keep the original copy of the permit and an approved copy of the plan in the possession of the party or parties actually doing the work and, when required, exhibit the same to the Engineer, duly authorized inspectors or, in the instances of county or state highways, to the respective inspectors of these authorities.
I. 
Agree to perform the work under said permit in accordance with the regulations established under Article V herein and such further conditions as may be imposed by the Township Engineer.