As used in this chapter, the following terms
shall have the meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way 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.
[Amended 11-19-1990 by Ord. No. 14-1990]
No person shall make an excavation in or tunnel
under any street without first obtaining a permit from the Superintendent
of Public Works, except that a tunnel or excavation may be commenced
without a permit where an emergency has arisen which makes it necessary
to start work immediately, provided that the application for permit
is made simultaneously with the commencement of the work or as soon
thereafter as is practical. The permit, when issued, shall be retroactive
to the date on which the work was begun.
Applications for permits shall be made through
the Township Clerk and the Township Engineer and shall contain the
following information:
A.
The name and address of the applicant.
B.
The 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 to be made.
D.
The nature of the surface in which the opening is
to be made.
E.
The character and purpose of the work proposed.
F.
The time when the work is to be commenced and completed.
G.
Each application shall be accompanied by a set of
plans in quadruplicate showing the exact location and dimensions of
all openings.
H.
The name and address of the workman or contractor
who is to perform the work.
I.
A statement that the applicant agrees to replace,
at his own cost and expense, the street, curb, gutter and sidewalk
in the same state and condition in all things as they were at the
time of the commencement of the work within 48 hours of the commencement
of the same.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation or tunnel is to be made, the dimensions of the opening
and the period during which the permit shall be valid. The original
of each permit shall remain on file in the office of the Township
Clerk.
[Amended 11-19-1990 by Ord. No. 14-1990; 2-4-2008 by Ord. No. 2-2008]
Fees must be paid when the application is made. The applicant shall be charged a fee as set forth in Chapter A287, Fees.
No permit shall be issued until the applicant
has made a cash deposit in an amount determined to be sufficient by
the Township Engineer based on current costs of restoration of the
surface to be disturbed. The Township Council may waive the requirements
of this section in the case of public utilities.
No permit shall be issued until the applicant
has furnished the Township Council with satisfactory proof that he
is insured against injury to persons and damage to property caused
by any act or omission of the applicant, his agents, employees or
subcontractors done in the course of the work to be performed under
the permit. Under this policy the Township shall be a co-insuree.
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 Township Council may waive the requirements
of this section in the case of a public utility upon the presentation
of satisfactory proof that it is capable of meeting claims against
it up to the amount of the limits of the insurance policy which would
otherwise be required.
All permits issued under this article 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 a manner as to cause
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, when notice shall be given to the Police Department when work
commences.
C.
All refuse and material must be removed within 48
hours.
D.
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 Department of Public Works. Where
the Department of Public Works or Township Engineer determines that
the excavated material is unsuitable for backfill, the permittee shall
backfill the excavation with sand, soft coal, cinders 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
Department. Upon completion of the work, the permittee shall remove
any excess material and leave the premises in a clean condition. If
the Department of Public Works determines that any backfilled excavation
has settled or caved in, it shall so notify the permittee, who shall
promptly continue backfilling until the Department determines that
settlement is complete.
E.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
10 parts sand.
F.
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.
G.
If the work is not completed within the time specified
in the permit or any extension which may be granted by the Department
of Public Works or is not performed in accordance with the regulations
set forth in this section and any other regulations that may be established
by the Department of Public Works, then the Department may complete
the work itself and restore the surface of the street. The cost of
completing the work and restoring the street shall be charged to the
permittee and may be deducted from his cash deposit and any deficiency
recovered by an action in any court of competent jurisdiction.
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 Department of Public Works
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 Superintendent of Public Works.
[Amended 11-19-1990 by Ord. No. 14-1990]
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 45 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate,
unless extended in writing by the Director of Public Works.
C.
Possession of permit. A copy of the permit together
with a copy of the plan approved by the Township Council shall be
kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee of the
Department of Public Works or to any police officer of the Township.
D.
Revocation of permit. The Township Council may revoke
a permit for any of the following reasons:
(1)
Violation of any provision of this article or any
other applicable rule, regulation, law or ordinance.
(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 provision of this Code to constitute
a nuisance.
E.
Modification of permit conditions. In a special case,
the Township Council may by resolution impose special conditions to
which the issuance of the permit may be subject or may decide that
any provision of this article shall not apply or shall be altered.
The Director may make any rules and regulations
which he considers necessary for the administration and enforcement
of this article, but no regulation shall be inconsistent with, alter
or amend any provision of this article or impose any requirement which
is in addition to those expressly or by implication imposed by this
article. No regulations shall be effective unless they shall be approved
by resolution of the Council. Copies of all current regulations shall
be furnished to each permittee at the time of the issuance of the
permit.
[Added 4-18-2017 by Ord. No. 7-2017]
Whenever the Township Council enacts an ordinance or resolution
providing for the paving or repaving of any street or sidewalk, the
Municipal Clerk shall promptly mail a written notice thereof to each
person owning sewers, mains, conduits, or other utilities, in or under
said street or sidewalk. Such notice shall notify such persons that
any application for an excavation permit for openings, cuts or excavations
for work to be done in or under said street or sidewalk prior to such
paving or repaving shall be submitted promptly in order that the work
covered by such excavation permit may be completed not later than
45 days from the date of enactment of such ordinance or resolution.
The Municipal Clerk shall also promptly mail copies of such notice
to any governmental agencies or departments or other persons who may
desire to perform excavation work in said street or sidewalk.
[Added 4-18-2017 by Ord. No. 7-2017]
Within said 45 days, every owner, person, agency or utility receiving notice as prescribed herein shall perform such excavation work subject to the provisions of this article and Article III, as may be necessary to install or repair sewers, mains, conduits, utility installations or other work in said street or sidewalk. In the event any owner, person, agency or utility shall fail within said forty-five-day period to perform such excavation work, any and all rights of such owner, person, agency or utility or their successors in interest to make openings, cuts or excavations in said street or sidewalk shall be prohibited and forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street or sidewalk unless, in the judgment of the Township Manager, an emergency exists which makes it absolutely essential that the excavation be permitted. Any excavation granted by the Township Manager under this subsection shall be conducted in accordance with the standards set by the Township Engineer.
[Added 4-18-2017 by Ord. No. 7-2017]
Every Township department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street or sidewalk is directed to take appropriate measures to
perform such excavation work within said forty-five-day period so
as to avoid the necessity of making any openings, cuts or excavations
in the new pavement in the Township's streets or sidewalks during
said five-year period.
