The following words shall for the purpose of
this article be defined and interpreted to have the following meanings:
APPLICANT
Any person who makes an application for a permit.
CLERK
The Clerk of the Township of Harrison, in the County of Gloucester.
EMERGENCY
Any unforeseen circumstance or occurrence which constitutes
an immediate danger to any person or property.
ENGINEER
The person duly appointed as the Township Engineer for the
Township of Harrison, in the County of Gloucester.
OPENING
Any excavation or penetration in the surface of any street
that may be made by digging into, breaking into or otherwise opening
or disturbing the surface of any street.
PERMIT
An authorization in writing issued by the Clerk to an applicant
authorizing the applicant to make an opening in a street.
PERMITTEE
Any person to whom a permit has been issued pursuant to an
application as provided for in this article.
PERSON
Any natural person, partnership, firm, association, utility,
corporation, authority created pursuant to statute, or other entity
or municipal entity. The word "person" when used in connection with
any provision of this article prescribing a penalty, shall as applied
to associations and partnerships, mean the members or partners thereof
and as applied to corporations shall mean the officers of the corporations.
STREET
Any public street, public easement, public right-of-way,
public highway or public road accepted or maintained by the Township
of Harrison, in the County of Gloucester, or over which the Township
may have acquired jurisdiction by agreement.
TOWNSHIP
The Township of Harrison, in the County of Gloucester.
It shall be unlawful for any person to open or make any opening
in any street in the Township for any purpose whatsoever without first
making an application to the Clerk and obtaining a permit authorizing
the opening. A street opening permit is required when any of the following
occur:
A. Excavation, including the digging, displacing, undermining, opening,
boring, tunneling, auguring, or in any manner breaking up any street,
sidewalk, curb, or area within the Township right-of-way for the purpose
of installing utilities or for other trenching operations.
B. Excavation in or under the surface of any street, installation of
any street improvements, construction, removal, or alteration of any
improvements which are located within the right-of-way or other public
access.
C. The placement or deposition within the right-of-way of mulch, stone,
brick, block, dense graded aggregate or excavated material which obstructs
the intended flow of stormwater or public access.
D. Excluded from the requirement for a street opening permit is the repair or construction of sidewalk or driveway apron, including new. These are to conform to the requirements of Article
II, Repair and Maintenance.
E. The terms of this article shall not apply to a street in any subdivision,
industrial park, or other development approved by the Township Planning
Board prior to the Township of Harrison's acceptance of said
street after dedication.
No permits shall be granted on a newly improved Township road
for a period of four years except in cases of emergency. Emergencies
shall include utility repairs and any other emergency certified by
the Township Committee, Construction Code Official, the Township Engineer
or Public Works Director.
Permits are not transferable from one person or entity to another,
and the work shall not be made in any area other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time which
shall be designated in the permit. If the permittee shall be unable
to complete the work within the specified time, he shall, prior to
expiration of the permit, present in writing to the Clerk a request
for an extension of time, setting forth therein the reasons for the
requested extension. If such an extension is necessary, and not contrary
to the public interest, the permittee may be granted additional time
by the Township Clerk for the completion of the work upon recommendation
of such extension by the Township Engineer.
In the event of any emergency, and with the approval of the
Superintendent of Public Works or the Township Engineer, an opening
may be made to repair the condition that created the emergency at
once and prior to obtaining a permit, but application for a permit
must be made as soon as conveniently possible after the opening and
commencement of the work.
Any person who violates any of the provisions of this article shall be liable to the Township for any damage resulting to any street, curb, gutter, sidewalk or other Township property and for all expenses incurred by the Township in repairing the damage and repairing or removing the source of the damage, and this liability shall be in addition to the penalty described in §
189-12, Violations and penalties.
Each applicant, prior to receipt of a permit, shall provide
the Township with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as claims for property damage which may arise from or out
of the performance of the work, whether such performance is by himself,
his subcontractor or anyone directly or indirectly employed by him.
Such insurance shall cover collapse, explosive hazards and underground
work by equipment on the street and shall include protection against
liability arising from completed operations for a period of time to
be determined by the Township Committee. The amount of the insurance
shall be $1,000,000 single limit. Public utilities and authorities
may be relieved of the obligation of submitting such certificates
if they are insured in accordance with the requirements of this article.
[Amended 12-6-2004 by Ord. No. 40-2004]
Any person who violates any provisions of this
article shall, upon conviction, be subject to a fine not exceeding
$1,250, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.