[Adopted 7-9-1971 as Ord. No. 127]
A. 
No person, persons or corporation shall do any excavating, test drilling or disturb any public street or road surface or curbing or sidewalks within the right-of-way of any street or road in the Township of Bethlehem, including all sidewalks, streets and roads in private developments not a part of the township street system at the time of excavation, but where it is contemplated that application will subsequently be made to have said streets or roads become a part of the township road system, for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe, storm drain or any electric, telephone or telegraph pipes or conduits, or for any other purpose whatever, without first having obtained a permit from the Clerk of the Township of Bethlehem.
B. 
In the event of emergency, where repairs must be made immediately, and the person, persons or corporation charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then and in that event, the excavation may be made for the purpose of stopping a leak or interruption in service of the utility. As soon as the leak or interruption in service has been repaired and an emergency no longer exists, the person, persons or corporation having made the excavation shall forthwith apply for a permit and comply with all the other provisions of this Article. In emergency matters and in the absence of the Clerk, a permit may be issued by the Mayor or Committeeman in charge of streets.
A. 
Any person, persons or corporation desiring such permit shall file with the Clerk, or other designated official in the event of an emergency, a signed application containing the following information:
(1) 
The name and address of the applicant.
(2) 
The purpose for which the opening is to be made.
(3) 
A clear description of the location of the proposed opening.
(4) 
Three complete copies of the plans and specifications showing the work contemplated to be done and indicating clearly the section of street which the applicant desires to open. Three complete as-built plans shall be filed if any changes are made from the original plans.
(5) 
The length, width and depth of the proposed opening.
(6) 
The outside diameter of all proposed manholes.
(7) 
The estimated date of commencement and the estimated date of completion of the proposed work. These estimates can be based on past experience in doing similar work. In the event of unforeseen circumstances beyond the control of the applicant, the applicant may apply for an extension of the completion date.
(8) 
The approximate cost of backfilling, tamping and repaving work.
(9) 
An agreement in writing to hold the Township of Bethlehem harmless from any loss, injury or damage whatsoever resulting from the course of construction, whether directly or indirectly connected with the work, or from any negligence or fault of the applicant, its agents, servants, representatives or contractors in connection with the performance of the work covered by the plans.
B. 
Except as provided in § 136-31B, relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate by its liability insurance carrier, acceptable to the township, showing that he, they or it has liability insurance during the period required for the proposed improvement in the amount of $500,000.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Except as provided in § 136-31B, relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate showing that the applicant is covered by workmen's compensation during the period required for the proposed improvement.
As used in this Article, the following terms shall have the meanings indicated:
APPLICANT
Includes the applicant's agents, servants, representatives and any contractors employed by it.
The applicant shall, within 24 hours of excavation, complete construction, installation or repair of any installation as detailed in § 136-17A(4). Where an excavation will be open more than 48 hours, permission must be received in writing therefor from the Township Engineer. No excavation will be started on a Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon of adequate nature to warn the public from one hour before sunset to one hour after sunrise. No greater portion of the street or curbing shall be left open, at one time, in excess of 500 linear feet.
At all times during the course of construction, 1/2 of the street shall be open for public travel unless the applicant provides and marks, to the satisfaction of the Township Chief of Police, a suitable detour. The applicant shall at all times be required to make provisions for local residents and shall maintain the roadway and adjacent areas free from needless obstruction.
The Township Engineer or his representative will inspect the work periodically to ensure compliance with the Article. An applicant under this Article shall give the Township Engineer 48 hours' notice of excavation so that inspections of the work may be scheduled. The applicant shall pay the cost of inspections by the Township Engineer, whether such inspections are the periodic inspections by the Engineer or special inspections called for by appropriate township officials.
All work performed must be done within the time scheduled in § 136-17A(7). If the applicant does not comply with this schedule or if, in the judgment of the Township Engineer, it keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the Township of Bethlehem at the expense of the applicant upon two days' notice having been given to the applicant by certified mail, return receipt requested.
If dust, dirt or other detrimental material continue to arise as a result of the work or neglect of the applicant, its agents, contractors or representative or if a nuisance is, in opinion of the Township Engineer, caused by the actions of any of said parties, the Engineer may stop the work until the situation complained of is eliminated. Streets must be kept broom clean. If dust persists, streets may be required to be hosed clean.
No blasting shall be allowed unless approved by the Township Engineer. All work shall be conducted so as not to interfere with existing utilities, water mains, sewer lines, gas pipes or electrical or telephone conduits, or the service connections thereof, and in the event of injury to such utilities, it shall be the duty of the applicant, at its own expense, to properly repair and replace and otherwise correct the damage. The applicant shall not at any time come closer than three feet to any utility line without the permission and supervision of the respective utility concerned. Such utility pipes shall be protected and temporarily supported as directed by the utility company's representatives or by the Township Engineer inspecting the excavation.
Where test holes are drilled not exceeding nine square inches, such holes shall be filled with hot tar to street level within 72 hours of repair of leak or other utility damage.
Where holes or excavations exceed nine square inches, the applicant or his contractor shall:
A. 
Fill with quarry blend or other suitable backfill material, as approved by the Township Engineer, to within seven inches of the existing street surface. The excavation shall be tamped sufficiently to keep future settlement to a minimum, such tamping to be as directed by the Township Engineer or his representative.
B. 
Duplicate the existing surfaces with like surfacing material to conform with said existing street surface, road surface, curbing, sidewalk areas and grass plantings.
C. 
Replace all damaged or broken drain pipes or conductors, either through the street or from buildings and residences to the street.
A. 
All asphalt or macadam surface streets shall be cut in straight lines with a pavement cutter.
B. 
Pending the actual repaving operation stated in § 136-27, the applicant may use a temporary fill in the excavation of such material as may be directed by the Township Engineer to the end that no loose stones, mud or dirt may impede the flow of traffic. The township may, at any time, require any irregularity in the surface to be immediately taken care of.
C. 
The applicant assumes the responsibility of refilling the excavation, as it may sink from time to time, and keeping it level with the balance of the street surface.
D. 
After repavement, the applicant shall be under the duty of maintaining the excavation for a period of 18 calendar months and assumes the responsibilities of refilling the excavation, as it may sink. In case of undue settlement, the Township Engineer, in his judgment, shall direct the applicant to open the excavation to ascertain the cause of the undue settlement and to remedy the same as required by the Township Engineer. All engineering costs will be charged to the applicant.
E. 
Upon the failure of the applicant to comply with any of these requirements, the Township of Bethlehem may do the necessary repairs and replacements and charge the same to the applicant, as provided for in § 136-23.
In cases where it becomes necessary to resort to tunnelling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed soil composed of a mixture by volume of one part cement to six parts of aggregate material such as sand or three-quarter quarry blend.
A. 
The applicant shall pay a fee of $250 and shall deposit with the Township Clerk the sum of $1,000 with each application for each opening to be made in a Township street. A maximum continuous opening of not more than five feet in length may be made under such deposit. If the proposed excavation is for a greater area, the Township Engineer shall determine the amount of the deposit.
[Amended 2-7-1991 by Ord. No. 255-91]
B. 
Public utility corporations of the State of New Jersey may file a corporate bond on a yearly basis in an amount of $5,000 in lieu of cash.
All Township streets so restored shall be subject to final release and acceptance in writing by the Township Engineer. No deposit money as specified in § 136-31A shall be returned nor any bond released until 18 months after the completion of the project and its acceptance by the Township Engineer, and then only upon the above written certification as stated that said work has remained in a satisfactory condition for said 18 months.
[Amended 2-7-1991 by Ord. No. 255-91]
Any person, persons or corporations who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided by § 1-15 of Chapter 1, General Provisions.