[HISTORY: Adopted by the Mayor and Council
of the Township of Clinton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 112.
[Adopted 12-7-2022 by Ord. No. 1179-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Art.
I as Art. II.
It shall be unlawful for any person to drive any vehicle upon
any newly laid pavement or other prepared road surface, sidewalk surface,
curb or gutter, or part thereof, in the course of construction or
repair.
It shall be unlawful for any person to drive over any curb without
first placing a buffer, jumper block or other device in such position
as will effectively protect such curb from injury. No person shall
do or cause to be done any act which will result in injury to public
roadway surface courses, public roadway base courses, sidewalks, curbs
and gutters, or litter, deface or spoil the appearance of the same
within the Township.
[Derived from Sec. 13-1 of the 1999 Code
of the Township of Clinton; amended in its entirety 12-7-2022 by Ord. No. 1179-2022]
No person shall temporarily or permanently occupy
or cut, dig, drill or make any opening, hole, trench, or other excavation
in any portion of the rights-of-way, roads, streets, alleys, highways,
sidewalks, pathways, curbs or gutters under the jurisdiction of the
Township, whether paved or unpaved, without first having obtained
a permit in accordance with the requirements of this article.
A.
An application for a permit required by § 239-3 above shall be made, in writing, on the form furnished by the Township Construction Official for such purpose. The form shall be signed by the applicant and accompanied by a plan as required hereinbelow, together with all fees, charges, guarantees and certificates required by this article.
B.
Permit
applications shall be submitted to the Construction Department for
review by the Township Engineer.
(1)
Each
application shall include the following:
(2)
If
an emergency has arisen that makes it necessary to begin work immediately,
the Township Engineer may waive the requirement to provide the fees
and performance guarantee in advance, provided that the permit application
is submitted at the same time the work begins or as soon thereafter
as it is practicable.
C.
All permits
issued pursuant to this article shall be conditioned on the following,
and the acceptance of any such permit shall constitute an agreement
to comply with the below terms and conditions, whether the same is
expressed or not:
(1)
The
permittee agrees to replace or repair, at its own cost and expense,
the portion of the road, street, curb, gutter, unimproved area and/or
sidewalk disturbed or damaged by the work. In cases where multiple
trenches are required, the applicant may be required to replace all
undisturbed areas between trenches for a uniform restored finish.
D.
Once issued,
the permit must be in the possession of the party or parties performing
the work and must be exhibited to the Township Engineer or Engineer's
designee upon request.
A.
The applicant for a road/street opening permit shall
be required to pay a nonrefundable application fee in the amount of
$75 and a nonrefundable permit fee in the amount of $50. The applicant
shall also be required to post an escrow to cover the cost of professional
review and inspections associated with the permit application and
work performed thereunder.
B.
The initial escrow fees posted shall be as follows:
(1)
For projects located outside of the road right-of-way
or within the right-of-way not impacting a Township road: $300.
(2)
For projects located within the right-of-way and crossing
a Township road: $500.
(3)
For projects located within the right-of-way that
runs parallel along a Township road(s) within the right-of-way: $800.
C.
In the event that a project encompasses work that
runs parallel along a Township road(s) within the right-of-way for
a distance greater than 200 feet, the escrow to be posted will be
established by the Township Engineer.
D.
Escrows may be required by the Township to be increased
during the completion of the construction work. Any escrow sums not
expended will be returned to the applicant.
A.
No permit
shall be issued until the applicant has furnished the Township with
an acceptable certificate of insurance naming as an additional insured
the Township, its officers, agents and employees and indicating that
the permittee is insured against injury to persons and damage to property
caused by any act or omission of the permittee, his or her agents,
employees or subcontractors done in the course of the work to be performed
under the permit. The insurance shall cover all hazards likely to
arise in connection with the work, including but not limited to collapse,
explosion and underground work by equipment on the street and all
operations, including labor, equipment, materials and all else involved
in work under the permit and shall also insure against liability arising
from completed operations. The liability insurance for bodily injury
in effect shall be in an amount not less than $1,000,000 for each
person, $1,000,000 for each accident or occurrence and $1,000,000
for property damages, and with an aggregate of $2,000,000 for all
accidents or occurrences. The insurance certificate shall also contain
a clause holding the Township and its officers, agents and employees
harmless against any claim or damage which may arise out of any liability
resulting from the permittee's work.
B.
The Township
Engineer may waive the requirements of this section in the case of
public utilities or authorities upon the presentation of satisfactory
proof that the utility or authority in question is capable of meeting
any claims against it up to the amount of the limits of the insurance
policy that would otherwise be required.
C.
Self-insurers
may be relieved of the obligation of submitting certificates if they
are self-insured in accordance with the requirements of state law
and submit certificates thereof acceptable to the Township attorney.
The holder of the permit issued pursuant to this article shall
indemnify, defend and hold harmless the Township and each of its officers,
employees and agents from all loss, damage, claim, or expense, including
expenses incurred in the defense of any litigation arising out of
injury to any person or property resulting from any work done by the
permittee, its employees, or agents in connection with the performance
of the work covered by the permit. In addition, the permittee agrees
to indemnify the Township and each of its officers, employees and
agents for any expense incurred in enforcing the provisions of this
article.
A.
Every permittee shall provide a performance guarantee
to the Township to cover the costs of all work associated with the
approved permit. The performance guarantee for these improvements
shall be equal to 120% of the cost of the improvements or $2,000,
whichever is more, based on an estimate prepared on behalf of the
applicant and reviewed and approved by the Township Engineer. At least
20% of the performance guarantee shall be in the form of cash or a
certified check made payable to the Township of Clinton.
B.
Public utilities or authorities may file a blanket
performance bond in lieu of the aforementioned performance guarantee
in an amount to be fixed by and subject to the approval of the Township
Attorney and Township Engineer.
C.
Default.
Whenever the Township Engineer shall find that a default has occurred
in the performance of any term or condition of the permit, he or she
shall thereupon give written notice of the default to the principal
and, as applicable, the surety on the bond. Such notice shall state
the work to be done, the estimated cost thereof, which shall include
the estimated administrative costs to the Township, and the period
of time determined by the Township Engineer to be reasonably necessary
for completion of such work. After receipt of such notice by the surety
(if there is one), 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.
The bond shall be conditioned upon the indemnification and hold harmless requirements set forth in §§ 239-6 and 239-7 above and upon the permittee's completed restoration of the surface and foundation of the street, sidewalk, curb or gutter for which the permit is granted and the restoration of any disturbed vegetated areas within the right-of-way, including lawns. Said restoration must be accomplished in a manner acceptable to the Township Engineer and as required by this article.
E.
No bond
or deposit or check in lieu of bond shall be released until all repaving
and replacing of streets or other surfaces or appurtenances within
the street area and/or the restoration of all disturbed vegetated
areas within the right-of-way, including lawns, are fully completed
to the satisfaction of the Township Engineer and all costs and fees
required by this article are paid in full. In no event shall any such
bond, deposit or check be released within a period of 12 months from
the completion of said work, except as provided hereinbelow and until
and upon written approval by the Township Engineer.
F.
Maintenance
guarantee. Upon satisfactory completion of all work permitted or required
under permits issued pursuant to this article, the Township may authorize
a refund of 80% of the security for deposit where the same has been
made by check or cash and may retain the remaining 20% thereof as
security for the maintenance of said work for a period not to exceed
one year. All bonds and certificates of insurance required by this
article 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 and the expiration of the one-year time period provided
herein, the Township Engineer will release the full or remaining amount
of the security deposit.
A.
Start date.
If the work or activity for which the permit has been issued does
not begin within 45 days from the date on which the permit issued,
the permit shall be automatically terminated and may only be renewed
upon the repayment of the application and permit fees required herein.
B.
Expiration.
Every permit shall expire following the passage of time determined
by the Township Engineer to be necessary for completion of the work
or within 90 days, whichever is sooner. The Township Engineer may
extend the completion deadline in his or her discretion provided the
permittee requests such an extension, in writing, prior to the expiration
of the permit, and provided further that the Township Engineer deems
the extension to be necessary and not contrary to public interest.
All improvements, repairs, installation of utilities, and all
other requested work within a municipal right-of-way shall conform
to the Township's Roads and Improvements Ordinance and standard construction
details annexed to said ordinance, as well as all other applicable
regulations and/or requirements established by the Township Engineer
as conditions of the approved permit.
Any person making a cut or excavation in any public right-of-way pursuant to a permit issued under this article shall backfill the trench with care, using such methods as the Township Engineer may, from time to time, prescribe in accordance with accepted engineering practices and shall be responsible for the maintenance of such trench in a safe and smooth condition until all final repairs have been made. Failure to comply with the requirements of this section shall be grounds for the Township to revoke the permit pursuant to § 239-14 below and shall constitute cause for the Township to deny any future permit applications by the permittee.
A.
All pavement
disturbed or removed in the making of any opening in any street within
the Township for any purpose whatsoever by any person shall be restored
and replaced by the permittee at the permittee's cost under the supervision
of the Township Engineer. All work shall be done subject to the inspection
and approval of the Township Engineer and in accordance with such
methods as the Township Engineer may, from time to time, prescribe.
B.
The Township
Engineer shall possess the right to supervise the replacement of surfaces,
and the permittee agrees to be bound by the Township Engineer's requirements
in furtherance of restoration.
C.
The specific
manner and nature of the restoration required shall be determined
by the Township Engineer pursuant to the requirements of this article.
D.
In no
case shall any opening made by a permittee be considered the charge
or care of the Township or any of its officers or employees, and no
officer or employee is authorized in any way to assume any jurisdiction
over any such opening, except in the exercise of police power when
the permittee fails to make the required repairs within a period of
10 days and it is necessary to protect life and property or to cure
an unsafe condition as set forth hereinbelow.
E.
When the
required work has not been completed within a period of 10 days and
the permittee has not requested an extension of time, and when the
Township deems the unfinished work to be an unsafe condition, the
Township Engineer may, if he or she deems necessary, take steps to
place a permanent pavement over the opening for which the permit has
been issued. All costs and expenses incurred by the Township for undertaking
this work shall be borne by the permittee.
F.
In cases where the permittee fails to make the required restorations in connection with a permit, the Township shall undertake such work at the sole cost and expense of the permittee. The Township Engineer shall keep an accurate record of the costs and expenses incurred in undertaking said restoration and shall bill the permittee based on the flat rate for each opening or occupation, in accordance with the schedule set forth in § 239-5, which charge shall be in addition to the permit fee and inspection fee previously paid by the permittee pursuant to § 239-5.
G.
In the
case of longitudinal trenches of such length or in other cases where
the restoration work in connection with an excavation permit is of
such magnitude that such charges are not, in the judgment of the Township
Engineer, sufficient to cover the cost of restoration, the Township
Engineer shall certify such conditions to the Mayor and Council, who
shall fix such terms as will provide for the proper restoration.
The Township Engineer shall periodically inspect the areas of
the work covered by the permit, including all street, sidewalk, curb
or gutter openings and repairs, and resurfacing thereof, for the purpose
of determining compliance with any of the conditions imposed on the
issuance of the permit and the plans previously filed with the Township
Engineer's office detailing the work to be performed by the permittee.
After undertaking such inspection, the Township Engineer may:
A.
Order
a temporary stop to the unimproved shoulder, roadway, sidewalk, curb
or gutter opening;
B.
Order
the permittee to perform or correct specified work in accordance with
the directions of the Township Engineer;
C.
Order
a stop to any work; revoke the permit; correct or complete any work
after notification to the permittee and his or her neglect or refusal
to make such corrections, and take such other action permitted by
this article; and/or
D.
Take such
other actions deemed reasonable under the circumstances.
A.
Any permit
may be revoked by the Township Engineer after notice to the permittee
and based upon 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 to be performed under the permit; or
(3)
The
existence of any condition or the doing of any act constituting or
creating a nuisance or hazard to the public or safety or the property
of others.
B.
Written
notice of any such violation or condition shall be served upon the
permittee or his agent engaged in the work. The notice shall contain
a brief statement of the grounds relied upon for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered mail addressed to the
person to be notified at the address stated in the application.
C.
A permittee
shall be granted a period of 48 hours from the date of the notice
to correct the violation and to proceed with the diligent prosecution
of the work authorized by the permit before said permit is revoked.
D.
When any
permit has been revoked and the work authorized by the permit has
not been completed, the Township Engineer shall take whatever action
may be necessary to complete the work authorized by the permit and
to restore the street, sidewalk, curb or gutter (or part thereof)
or disturbed vegetated area to a condition equal to its condition
before the opening was made or occupancy took place. All expenses
incurred by the Township shall be recovered from the bond, or the
check or deposit in lieu of bond, filed by the permittee.
All work within a municipal right-of-way shall be properly guarded
by suitable barricades and warning signs during the day and by barricades
and lights at night.
Proper and satisfactory restoration of work within a municipal
right-of-way and all installed appurtenances shall be subject to the
approval of the Township Engineer. Upon acceptance of the completed
project, any unused funds remaining shall, upon written request, be
returned to the applicant.
A.
Whenever
the Mayor and Council enacts any ordinance or resolution providing
for the improvement, paving or repaving of any street, the Township
Engineer shall promptly mail a written notice thereof to all persons
owning property within or adjacent to the limits of work within said
street and to all public utilities and authorities operating in the
Township, including any person, firm or corporation owning any sewer
main or conduit or other utility in or under said street. Such notice
shall notify such person, firm, corporation or public utility that:
(1)
No
excavation permit shall be issued for openings, cuts or excavation
in said street for a period of five years after the date of completion
and final acceptance of the improvement, paving or repaving by the
Township, unless otherwise approved by the Township Engineer; and
(2)
An
application for an excavation permit for work to be done prior to
such paving or repaving shall be submitted promptly in order for the
work covered by the excavation permit to be completed as soon as practicable
and in no event after final roadway paving.
B.
Restrictions on opening newly paved streets. No permit shall be issued to any person, firm, corporation, public utility or authority given notice under Subsection A above that would allow an excavation or opening in a paved or improved street surface less than five years after the completion and acceptance of the improvement, paving or repaving of the street, unless the applicant can clearly demonstrate that the need for the proposed work could not have been reasonably foreseen prior to the completion of said work.
C.
Restoration
obligations and fees.
(1)
If,
by special permission by the Township Engineer, a permit is issued
to open any paved or improved street surface less than five years
after the completion and acceptance of the improvement, paving or
repaving of the street, the permittee shall be required to complete
restoration in the following manner, as determined by the Township
Engineer:
(a)
Mill and resurface the entire width of the street in which the opening
or excavation is made from curb to curb and for a minimum distance
extending one foot beyond the limits of the opening or excavation
or as directed by the Engineer.
(b)
In cases of minor trenching, as determined by the Township Engineer,
infrared road repair (IRR) pavement technology can be utilized by
a professional specializing in IRR of an area one foot beyond all
limits of the trench opening.
Any person who violates any provisions of this article shall, upon conviction thereof, be subject to the general penalties set forth in § 1-17 of this Code. Each day such violation is permitted to continue shall constitute a separate offense and shall be punishable as set forth in § 1-17F. Repeat offenders shall be subject to the penalties set forth in § 1-17D.
The provisions of this article shall not apply to public utility
companies having infrastructure projects with the Township or operating
under special ordinances or statutes nor to any person doing work
in any of said streets, avenues, roads or highways subject to a Township
infrastructure project.
