Township of Hampton, NJ Article V Excavations Prior to Paving or Repaving

[Adopted 10-29-1996]

§ 88-15 Notice of impending paving; time limit for excavations.

Whenever the Township Committee takes official action 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 or owning any real property, whether improved or unimproved, abutting said street or sidewalk. Such notice shall notify such persons that any application for an excavation permit for any 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 such official action authorizing paving and repaving. The Municipal Clerk shall also promptly mail copies of such notice to occupants of all houses, buildings and other structures abutting said street or sidewalk and to any governmental agencies or departments, utility companies or other persons who may desire to perform excavation work in said street or sidewalk.

§ 88-16 Performance of work; failure to complete excavations within time limit; five-year ban on excavations in new streets or sidewalks.

Within said 45 days every owner, person, agency or utility receiving notice as prescribed herein shall perform such excavation work subject to all provisions of Chapter 88, as may be necessary to install or repair sewers, mains, conduits, utility installations or other work in said street or sidewalk. In the event that any owner, person, agency, department or utility shall fail within said forty-five-day period to perform such excavation work, any and all rights of such owner, person, agency, department 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 the official action authorizing the paving and repaving. 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 Public Works Superintendent in consultation with the Township Committee Public Works Liaison, an emergency exists which makes it absolutely essential that the excavation be permitted.

§ 88-17 Compliance by township.

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.