[Adopted 12-18-1995 by Ord. No. 753 as Sec. 12-2 of the 1995 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
ENGINEER
The Township Engineer or his duly authorized agent.
STREET
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.
SUPERINTENDENT
The Township Superintendent of Public Works or his duly authorized agent.
[Amended 12-20-2004 by Ord. No. 952]
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Engineer or Superintendent.
B. 
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 has begun.
C. 
The Engineer or Superintendent may issue permits to other public bodies without fee.
The Engineer or Superintendent is authorized to refuse the issuance of any permit, if such refusal is in the interest of public safety, public convenience or public health. In the event that any permit shall be refused by the Engineer or Superintendent, an appeal may be taken to the governing body. The governing body, after hearing the applicant and the Engineer or Superintendent and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Engineer or Superintendent.
Application for a permit shall be made to the Engineer or Superintendent or his agent 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 to be made.
D. 
Nature of the 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 showing the exact location and dimensions of all openings.
[Amended 12-20-2004 by Ord. No. 952]
H. 
The name and address of the contractor who is to perform the work.
[Amended 12-20-2004 by Ord. No. 952]
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 same.
Permits shall be issued under the authority of the Engineer or Superintendent and in accordance with the provisions of this article and the regulations which the Engineer or Superintendent may establish. The Engineer or Superintendent shall determine the initial time limit during which the permit shall be valid.
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.
[Amended 12-20-2004 by Ord. No. 952; 12-22-2008 by Ord. No. 1060]
Fees must be paid when the application is made. The applicant shall be charged a fee as set forth in Chapter 71, Fees.
A. 
No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Engineer or Superintendent. The Engineer or Superintendent may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that the utility is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
(1) 
To indemnify and hold harmless the Township from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
(2) 
To indemnify the Township for any expense incurred in enforcing any of the provisions of this article.
(3) 
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
(4) 
Upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Engineer or Superintendent.
B. 
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Engineer or Superintendent.
No permit shall be issued until the applicant has furnished the Engineer or Superintendent 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. 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 Engineer or Superintendent may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that the utility is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[Amended 12-20-2004 by Ord. No. 952]
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 in advance, except where the work is of an emergency nature, when notice shall be given to the Police Department when work commences.
C. 
The Engineer or Superintendent may, upon application by the permittee, extend the time limit during which the permit shall be valid.
D. 
All refuse and material must be removed within 48 hours.
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 Engineer or Superintendent. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Engineer or Superintendent determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Engineer or Superintendent determines that settlement is complete.
F. 
If tunneling operations are required, the tunnel shall be backfilled with rammed quarry process stone or other suitable material approved by the Engineer or Superintendent.
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 the time specified in the permit or any extension granted by the Engineer or Superintendent, or is not performed in accordance with the regulations set forth in this section and any other regulations that may be established by the Engineer, then the Engineer or Superintendent may complete the work 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 deposit or recovered by an action in any court of competent jurisdiction.
I. 
Backfilling shall be in accordance with the standards adopted by the Township.
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 Engineer or Superintendent 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 Engineer or Superintendent and in accordance with the standards adopted by the Township.
[Amended 12-20-2004 by Ord. No. 952]
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 Engineer or Superintendent.
C. 
Possession of permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Engineer or Superintendent must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Township or to any police officer of the Township.
[Amended 12-20-2004 by Ord. No. 952]
D. 
Revocation of permit.
(1) 
The Engineer or Superintendent may revoke a permit for any of the following reasons:
(a) 
Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.
(b) 
Violation of any condition of the permit issued.
(c) 
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 the Code to constitute a nuisance.
(2) 
The procedure for revoking a permit shall be the same as that set forth in this Code[1] for the revocation of licenses, except that the initial hearing shall be before the Engineer or Superintendent with a right of appeal to the governing body; and the Engineer or Superintendent may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[1]
Editor's Note: See Ch. 122, Licensing.
E. 
Modification of permit conditions. In a special case the governing body 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 Engineer or Superintendent may make any rules and regulations which they consider 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 governing body. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
Any person violating the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article I.