[Adopted by 8-20-1962, Ch. 20, Art. 9, of the former Revised Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- EMERGENCY CIRCUMSTANCE
- Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
- ENGINEER or TOWNSHIP ENGINEER
- The person in charge of the Public Works Department and street operations in the Township or his authorized deputy, representative or inspector.
- Includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to statute.
Except as otherwise provided in Subsection B of this section, applicable to emergency circumstances, no person shall make any tunnel, pavement cut, opening or excavation of any kind in or under the surface of any street without first securing a permit for each separate undertaking from the Township Engineer in accordance with the provisions of this article.
Any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening in the street without first obtaining a permit as required by Subsection A of this section when emergency circumstances demand the work to be done immediately and the permit could not reasonably and practically have been obtained beforehand. In such case, application for a permit shall be made to the Township Engineer on the first regular business day on which the office of the Engineer is open for business and said permit shall be retroactive to the date when the work was begun.
No permit issued under this article shall be transferable from one person to another, nor shall the work to be performed under said permit be made in any place other than the location specifically designated in the permit.
Application for a permit under this article shall be made, in writing, to the Township Engineer on such form as he shall prescribe. The application shall be accompanied by the following:
A plan, in duplicate, showing the work to be performed under the said permit, one copy of which shall be returned to the applicant if the application and plan are approved and when the permit is issued.
An agreement, signed by the applicant, to save the Township, its officers, employees and agents harmless of and from any and all costs, charges and liabilities which may accrue or be claimed to accrue by reason of any work performed under the said permit; provided, however, that notwithstanding the absence of such accompanying agreement, the acceptance of a permit issued under this article shall be deemed to constitute and effect such an agreement by the applicant.
A permit fee of $5; provided, however, that public utilities or authorities may elect to be billed monthly for such fees as they accrue.
No permit, described in § 230-28A, shall be issued by the Township Engineer and no work authorized by such permit shall be commenced, unless and until:
The Township Engineer has approved the application and accompanying plan.
The applicant has paid the prescribed permit fee.
If the work to be undertaken by the applicant is such that it will affect the use of properties abutting or adjoining the project or subsurface installations in the vicinity of the proposed work for which a permit is sought, the Township Engineer shall require the permittee to submit evidence in affidavit form that the permittee has served a notice of the proposed opening upon the owners and tenants of such properties and subsurface installations personally or by registered or certified mail, return receipt requested.
Use and purpose of deposit. The purpose of requiring a deposit under this article, and the use to be made thereof, is:
To cover the Township's cost of inspecting the work authorized by the permit.
To reimburse the Township for the cost of any labor and materials furnished by it in connection with restoration or repairs of any street damaged by the work authorized by the permit.
To cover the Township's cost and expense of maintenance of the work, authorized by the permit, for one year following completion thereof.
Determination of amount above the minimum of $50; yearly deposit by public utilities or authorities. Upon receipt of a properly completed application, the Township Engineer shall determine the amount of the deposit to be made by the applicant prior to the issuance of the permit, but in no event shall the deposit be less than $50. Whenever any public utility or authority shall anticipate more than one street opening or excavation per calendar year, such utility or authority may post one deposit for the calendar year or part thereof in an amount determined by the Township Engineer.
No deposit required where certain performance bond furnished. In the event that a public utility or authority furnishes the Township, prior to the receipt of a permit, with a performance bond for the current year, in the amount of $5,000, guaranteeing compliance with all the provisions of this article, no deposit as required by the foregoing provisions of this section shall be required of such public utility or authority; and, in such case, said performance bond shall be deemed to be in lieu of all deposits required by this section.
Payment or recovery of additional amount to meet deficiency. If any deposit is less than sufficient to pay all costs, following the issuance of the permit, the permittee shall, upon demand, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Township may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
Refund of deposit. One year following notification by the permittee that all work authorized by the permit has been completed and after restoration of the opening, the Engineer shall authorize the refund to the permittee of his deposit, less all costs incurred by the Township in connection with said permit. Nothing in this subsection shall be deemed to authorize a refund of the permit fee.
Conclusive effect of Engineer's decision on costs. The decision of the Engineer as to the cost of any work done or repairs made by him or under his direction, pursuant to the provisions of this article, shall be final and conclusive.
Adoption of schedule of charges for inspection and other costs that Township may incur. The Engineer is authorized to establish a schedule of charges for inspections, labor, materials and such other expenses as may be incurred by the Township in meeting the requirements of this article. The schedule shall be open to public inspection in the office of the Engineer, upon demand, and shall be adopted in the same fashion as street opening regulations under § 230-43.
Form, amount, terms and conditions of bond. Each applicant, prior to the receipt of a permit, shall provide the Township with an acceptable corporate surety bond to guarantee faithful performance of the work to be done by the permittee. The amount of the bond shall be 100% of the estimated cost of the work to be done by the permittee. The term of the bond shall begin upon the date of posting thereof and shall terminate upon the receipt by the permittee of a certificate from the Engineer that the work is satisfactorily completed. If the permittee anticipates requesting more than one permit per year as required by this article, he may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Engineer deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
Default in performance; notice of default; contents of notice. Whenever the Engineer shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Engineer to be reasonably necessary for the completion of such work.
Duty of surety to cure default or indemnify Township for its cost. After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Township for the cost of doing the work as set forth in the notice.
Option of public utility or authority to furnish bond in alternative form and amount in lieu of the provisions of this section. Notwithstanding the requirements of Subsections A through C of this section, and in lieu thereof, a public utility or authority may, prior to the receipt of a permit, provide the Township with an acceptable corporate surety performance bond for the current year, in the amount of $5,000, guaranteeing compliance with all provisions of this article.
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 against claims for property damage which may arise from or out of the performance of the work, whether such performance be 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.
The amount of the insurance shall be prescribed by the Engineer in accordance with the nature of the risk involved; provided, however, that the liability insurance in effect for bodily injury shall be in an amount not less than $250,000 for each person and $500,000 for each accident and, for property damages, shall be in an amount not less than $100,000 for all accidents or a single limit liability coverage of not less than $500,000.
[Amended 1-9-1978 by Ord. No. 77-64]
Public utilities and authorities may be relieved of the obligation of submitting such certificates of insurance if they are in fact insured in accordance with the requirements of this section.
Except as otherwise provided in § 230-39A hereof, the work for which a permit has been issued under this article shall commence within 45 days of the issuance of said permit, in default of which the permit shall be automatically terminated, unless the said time for the commencement of the work shall be extended by the Township Engineer upon an application therefor in writing, made prior to the expiration of the forty-five-day period, setting forth the reasons for the requested extension.
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount of quantity greater than that specified in the permit; except that, upon the approval by the Engineer, additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the aforesaid ten-percent limitation.
Every permittee shall, at all times, keep or cause to be kept the permit and an approved copy of the plan at the location for which said permit was granted and while the work authorized by such permit is in progress. The permittee shall produce and exhibit said permit and plan upon demand of a representative of the Public Works Department or of the police authorities.
If the Township determines to pave or improve any street after August 20, 1962, notice of its intention to undertake said work shall first be given to all persons owning property abutting on said street and to all public utilities and authorities operating in the Township. Within 30 days of the giving of such notice, unless extended by the Township Engineer following written request therefor, such persons, including public utilities and authorities, shall make all connections, installations and repairs which would necessitate an excavation or opening of said street and shall comply with all the provisions of this article including, but not by way of limitation, the application and permit requirements and procedures.
No permit which would authorize an excavation or opening in a paved or improved street surface less than five years old shall be issued by the Township Engineer to any person, including a public utility or authority, given the notice described in Subsection A of this section, unless the applicant therefor can demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency circumstance or condition exists. In the event that such permit is issued, an additional penalty charge shall be made for the opening, except that the penalty shall be waived in the event that the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the five-year restricted period.
Every permit shall expire at the end of the period of time which shall be set out 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 Engineer 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 Engineer for the completion of the work.
Any permit issued under this article may be revoked by the Township Engineer, after giving notice as provided in Subsection B hereof, upon any of the following grounds:
Violation of any condition of the permit or of any provision of this article.
Violation of any provision of any other applicable ordinance or law relating to the work.
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
No permit shall be revoked unless written notice to that effect shall first be served upon the permittee or his agent engaged in the work for which a permit has been granted. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. In the discretion of the Township Engineer, the notice may contain a provision granting the permittee three days, from the date of service, to correct the violation or condition constituting the grounds for the revocation, in default of which the revocation will become effective, and to proceed with the diligent prosecution of the work authorized by the permit.
When the permit has been revoked and the work authorized by the permit has not been completed, the Engineer shall do such work as may be necessary to complete such work as was authorized by the permit and to restore the street or part thereof to as good condition as before the opening was made. All expenses incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.
On or before August 20, 1964, every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street, used for the purpose of supplying or conveying gas, electricity, communication impulses, water or steam to or from the Township or to or from its inhabitants, or for any other purposes, shall file with the Township Engineer accurate information showing the location, size and description of all such installations.
Thereafter, and within 30 days after January 1 of each and every year, commencing with the year 1965, such person shall file with the Township Engineer additional information showing such installations, including all those made or abandoned during the previous year; provided, however, that if no additions have been made to its installation during the previous year, a public utility or authority may file with the Engineer a written statement to that effect, within the said thirty-day period. A public utility or authority may elect to provide the said additional information throughout the year as it is available rather than proceed on the annual basis above provided.
The Township Engineer is hereby authorized and directed to adopt such written rules and regulations as may be necessary for the implementation and enforcement of the provisions of this article. Such rules and regulations shall include but shall not be limited to:
Limitations on the size of an opening.
Restrictions for the protection of existing subsurface installations, monuments and drainage systems.
Requirements for the storage and removal of excavated materials.
Designation of safety precautions to be taken by the permittee.
Restrictions as to the periods of day when the work may be performed.
Requirements for backfilling, inspecting and restoring of openings.
Any regulations adopted by the Township Engineer shall become effective within 30 days after submission to and approval by resolution of the Council.
The regulations adopted by the Engineer and approved by the Township Council shall be published once in the official newspaper of the Township. Copies of the published regulations shall be placed on file in the offices of the Township Clerk and Township Engineer and shall remain on file in each of said offices for the use and examination of the public so long as they remain in effect.
The provisions of this article shall not be applicable in those instances where the highway is maintained by the State of New Jersey or by the County of Essex.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Amended 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]