[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:
The Township Engineer or his duly authorized agent.
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.
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.
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.
