[Adopted 8-27-1974; amended 5-14-1975; 9-25-1979; 3-26-1985; 6-9-1993 (Sec.
11:2 of the 1975 General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
The paved or improved travel portion of the right-of-way.
Any event or series of events which, if left untended, would
create a substantial risk to the health or safety of the inhabitants
of the community at large.
A written document issued by the Department of Public Works
for the Township of Burlington, which permit shall be issued in accordance
with the standards set forth within this article and shall legally
permit the person to whom it is issued the privilege of excavating
within a roadway as heretofore defined.
That grassy or dirt area within the right-of-way or roadway
maintained by the property owner.
The entire width between the boundary lines of every roadway
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel and, as used within this article,
refers only to those ways dedicated and accepted for a roadway by
the Township of Burlington and specifically excludes roadways as herein
defined over which a higher governmental agency exercises jurisdiction.
The improved or semi-improved portion of the right-of-way
between the cartway and the roadside.
The Mayor and Council of the Township of Burlington or any
officer, board, agency or individual charged with the responsibility
of enforcing the provisions of the article.
No person, persons or corporation, excepting
a municipal corporation, shall for any purpose open, tear up, excavate,
bore, tunnel or drive under or in any way impair the surfaces or subsurfaces
within the Township of Burlington without first obtaining a permit
for each and every opening as hereinafter defined.
A.
Form, filing and fees. Except as may be modified by
other sections of this article, applications for permits shall be
made in writing on forms prescribed by the Township to the Township
Engineer at least two weeks prior to the scheduled commencement of
any work on a roadway. At the time an application is made for a road
opening permit, the applicant shall be required to pay the prescribed
nonrefundable application fee and post the appropriate deposit fee
as set forth on Schedules 1 and 2 annexed to the article.[1]
[1]
Editor's Note: Schedules 1 and 2 are included at the end of this chapter.
B.
Plans required. Plans, profiles and other details
necessary to accurately depict the work to be performed shall be submitted
along with the application except that, where an opening is 60 square
feet or less than six feet deep, the Department of Public Works may
waive this requirement.
C.
Engineering review. The Township Engineer shall note
any objections to the issuance of a permit or any conditions to be
imposed on the applicant prior to issuance of the permit within five
working days from receipt of the application and plans; all objections
and conditions set forth by the Township Engineer shall be satisfied
or they shall be imposed as conditions upon the issuance of the permit.
D.
Nature of applicant. The applicant must be a contractor,
either corporate, individual, employer or partnership, who will be
actually engaged in the performance of the road opening work under
the permit or who will be directly responsible for the protection
of the work, for the adherence of the work to the specifications,
and for the safety of the public. The application shall be made for
and on behalf of the owner for whom the work is being done and shall
be countersigned by such owner. Permits will not be issued directly
to private owners or developers without specific written approval
of the Township Engineer or his authorized representative.
In the event that an emergency condition exists
requiring immediate action by any person subject to a permit under
this article, the person may immediately cause the roadway to be entered
and emergency measures taken without first obtaining a permit, provided
that:
A.
A true emergency exists;
B.
A permit is applied for and received within 24 hours
of the road opening or on the next business day, whichever is more
practicable;
C.
All work is performed in accordance with the provisions
of this article, and
D.
No road opening shall be permanently closed until
authorized by the Public Works Superintendent.
As a formal condition in addition to such other
conditions as may be set forth within the permit, all parties issued
a permit pursuant to this article shall abide by the following:
A.
Department of Transportation specifications. The New
Jersey State Department of Transportation 1961 standard specifications
for road and bridge construction with all amendments and supplements
shall govern all the work performed under the permit issued pursuant
to this article except as may be modified by this article.
B.
Road closings. No Township road shall be closed to
traffic without the prior consent of the Burlington Township Public
Works Department and the Burlington Township Police Department.
C.
Relocation. Any utility company to whom a permit is
issued shall agree as a condition of the issuance of a permit that
any facilities, pipes, poles or other improvements installed or to
be installed within the Township right-of-way pursuant to the permit
shall be promptly relocated at the permittee's expense except where
otherwise provided by law as required by the Public Works Department
to accommodate the installation of Township facilities; such agreement
shall be in writing and contained on the face of the application form
and permit.
D.
Commencement of work. Unless prior arrangements are
made with the Township Engineer for an extended period of commencement
and/or completion, all work under an issued permit must be commenced
within three months from the date of issue and completed within one
year from commencement, or said permit shall be deemed void and reapplication
shall be required.
E.
Notice of commencement. The applicant shall notify
the Engineering Department 24 hours in advance of the actual commencement
of any work under a permit.
F.
Guards and safety devices. The applicant shall place
flagmen as may be required by the Township Engineer to properly secure
the area and in addition shall keep the excavation properly guarded
both day and night and shall have lights, barriers and adequate safety
devices placed thereat and maintained throughout the performance of
the work and shall interfere as little as possible with traffic along
the roadway, and no greater part of any such roadway shall be opened
than that which shall be set forth within the permit or that may be
required by the Superintendent of Public Works.
G.
Insurance. The applicant shall present evidence satisfactory
to the Superintendent of Public Works of insurance or a certificate
of self-insurance sufficient to indemnify and save harmless the Township
against and from all suits of every kind and from all damages resulting
from negligence or from any phase of operation performed under the
permit; said insurance shall provide limits of not less than $300,000
of liability coverage per individual and $500,000 per accident.
H.
Security devices. The Township Engineer shall not
issue a permit unless the applicant has deposited with it as security
for faithful performance a certified check payable to the Treasurer
of the Township of Burlington, satisfactory to the Township Engineer,
the amount thereof to be based on a schedule of charges and fees hereinafter
provided and attached as Schedule 1.[1] In lieu of the certified check, an applicant may post
a bond payable to the Township of Burlington with surety of self-insurance
certificates in the principal amount of $2,500, provided that upon
review of any application where the Township Engineer shall determine
that the protection of the Township requires that the bond shall be
in a greater amount, said bond shall be in accordance with the requirements
set by the Township Engineer. The applicant shall also specify by
separate money order or certified check a nonrefundable application
fee as more particularly set forth in Schedule 2 attached hereto and
made a part hereof by reference.[2]
[1]
Editor's Note Schedule 1 is included at the end of this chapter.
[2]
Editor's Note: Schedule 2 is included at the end of this chapter.
I.
Maintenance guarantee. Upon satisfactory completion
of all work permitted or required under the permit for extensive openings,
the Township may authorize a refund of 80% of the security deposit
where the same has been made by certified check and retain the remaining
20% thereof as security for maintenance of said work for a period
not to exceed one year; all bonds and certificates of insurance shall
contain a provision that the same shall remain in full force and effect
for a period not to exceed one year after the last work under any
permit has been completed and accepted by the Township. Upon satisfactory
completion of all work permitted or required under the permit for
small openings, the Superintendent of Public Works will release the
full amount of the security deposit.
J.
Utilities. All utilities shall be constructed with
a maximum coverage to provide protection for utilities in the event
that future Township road construction, repair or modification necessitated
excavation, undercutting or installation of facilities in the area
where the utility is located. Dislocation will in no way relieve the
utility owner of the responsibility of relocating said utility at
owner's expense in the case of conflict with future construction or
reconstruction or modification of Township-related facilities.
The Township shall periodically inspect all
road openings and the repair and resurfacing thereof for the purpose
of determining compliance with any conditions imposed on the issuance
of the permit and specifications. The Township Engineer upon the recommendation
of its Inspector may:
A.
Order a temporary stop to the road opening.
B.
Order the applicant to perform or correct specified
work in accordance with directions of the Public Works Department.
C.
Order a stop to any work and revoke the permit, in
which event the Superintendent shall complete or cause to be completed
the work and declare the applicant's cash deposit forfeit or notify
the applicant surety of an intent to file a claim on the bond.
D.
Correct any work after notification to the applicant
and the neglect or the refusal of the applicant to make such corrections
as indicated and, upon doing so, declare the applicant's cash deposit
forfeit or notify the applicant's surety of the intent to file a claim
on the bond.
E.
Take any other action deemed reasonable under the
circumstances.
Attached as Schedule 3 are technical provisions
which shall govern the specific requirements required by the Township
concerning construction activities pursuant to any permit which is
issued.[1]
[1]
Editor's Note: Schedule 3 is included at the end of this chapter.
