[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:
Any unforeseen circumstance or occurrence, the existence of which
constitutes a clear and immediate danger to persons or properties.
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.
A.
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.
B.
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.
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.
B.
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.
C.
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:
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.
A.
Use and purpose of deposit. The purpose of requiring
a deposit under this article, and the use to be made thereof, is:
(1)
To cover the Township's cost of inspecting the work authorized
by the permit.
(2)
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.
(3)
To cover the Township's cost and expense of maintenance
of the work, authorized by the permit, for one year following completion thereof.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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]
D.
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.
A.
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.
A.
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.
B.
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.
A.
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:
(1)
Violation of any condition of the permit or of any provision
of this article.
(2)
Violation of any provision of any other applicable ordinance
or law relating to the work.
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or property of others.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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:
(1)
Limitations on the size of an opening.
(2)
Restrictions for the protection of existing subsurface
installations, monuments and drainage systems.
(3)
Requirements for the storage and removal of excavated
materials.
(4)
Designation of safety precautions to be taken by the
permittee.
(5)
Restrictions as to the periods of day when the work may
be performed.
(6)
Requirements for backfilling, inspecting and restoring
of openings.
B.
Any regulations adopted by the Township Engineer shall
become effective within 30 days after submission to and approval by resolution
of the Council.
C.
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.
[Amended 12-17-1962]
A.
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]
