[Adopted 5-8-1951 (Ch. 75 of the 1978 Code)]
[Amended 5-23-1978; 3-27-2007 by Ord. No. O-05-2007]
No person, firm, corporation or public utility
shall hereafter tear up, open, dig, or excavate any street, highway,
road, avenue or public place or right-of-way, or take up, obstruct
or disturb the pavement, curbing, guttering, flagging or other surface
laid thereon, or tear up, dig, open, excavate or disturb the subsurface
thereof in any way for any purpose whatsoever, in the Township of
Mantua, owned, maintained or controlled by the Township of Mantua,
without first making application for and receiving a permit therefor
signed in the name of the Township of Mantua by the Township's Director
of Public Works or his designee.
[Amended 3-27-2007 by Ord. No. O-05-2007]
The permit, when issued, shall be required to
be signed by the real party in interest applying therefor, or his
or its duly authorized agent, and said permit shall constitute a valid
contract between the real party in interest and the Township of Mantua.
[Amended 3-27-2007 by Ord. No. O-05-2007]
The application for the permit and the permit
itself shall constitute one instrument, but the permit shall in no
case be effective until signed in the name of the Township of Mantua
by the Township Director of Public Works or his designee.
[Amended 5-23-1978; 3-27-2007 by Ord. No. O-05-2007]
The Director of Public Works, upon written application
therefor, is hereby authorized to and shall issue permits for street,
highway, road, avenue or right-of-way openings and excavations, subject
to the conditions herein.
A.
Filing plans; time for completion. The applicant shall
file with the Director of Public Works an original written application
stating the kind, character and purpose of the proposed excavation
or opening, and provide in the application such other information
which may be reasonably required to fulfill the requirements of this
article. The application shall be accompanied by two copies of a plan
showing the extent and location of the work to be done and the time
when the same shall be commenced and completed. No permit shall be
granted hereunder until the applicant has complied with the provisions
of this article. The permit shall state that the application and plan
have been filed and shall recite the time within which the work shall
be completed. There shall be obtained from the Director of Public
Works a permit for each and every excavation or opening.[1]
B.
Deposits required. No permit shall be issued unless, at the time of application to the Director of Public Works, there shall be deposited with the Township Clerk a copy of the application, along with such sums as specified in § 350-5 of this article. Such sums have been determined by the Township Committee as reasonably sufficient to cover the cost and expense to the Township of Mantua of supplying the necessary material and labor, or otherwise providing for repairing, repaving, replacing or otherwise restoring such road, highway, street, avenue, public place or right-of-way so opened, dug, taken up, obstructed, excavated or disturbed, and providing against future subsidence thereof.
C.
Notification; detour plan. The applicant shall not
commence any work for which a permit has been issued hereunder without
first providing at least 48 hours' written notification to both the
Director of Public Works and the Township's Chief of Police of the
start of any work. No applicant shall close any portion of any street,
highway, road, avenue or public place or right-of-way upon commencement
of work without first obtaining approval of any closure from the Township's
Engineer and the Township's Chief of Police. No work for which a permit
has been issued hereunder shall commence until the applicant shall
have obtained approval from both the Township's Engineer and the Township's
Chief of Police of a detour plan regarding and relating to the work
to be performed and any road closures.
D.
Insurance. No permit shall be issued unless, at the
time of application to the Director of Public Works, there shall be
provided with the application a certificate of insurance evidencing
that the applicant is carrying liability insurance with a minimum
coverage of $1,000,000 for each individual involved in an accident,
with $2,000,000 in aggregate for personal injury, and $1,000,000 for
property damage. The Township shall be named as an additional insured
regarding this coverage, and proof satisfactory to the Township's
Solicitor shall be so provided by the applicant.
E.
Maintenance. By applying for a permit, the applicant
agrees that for a period of one year from the date of the release
of any performance security deposit hereunder, the applicant will
be responsible for the maintenance of such excavation or opening.
The Township shall retain 10% of the cash performance security for
a period of one year after approval of the work by the Township Committee
by resolution as security for maintenance. In lieu of the ten-percent
cash holdback, or if a security performance bond has been posted,
the applicant shall post a maintenance bond in the ten-percent amount
with surety satisfactory to the Township Committee.
[Amended 10-13-1981; 1-23-1990; 3-27-2007 by Ord. No. O-05-2007]
A.
Fees and security performance deposit.
(1)
At the time of making application for the permit required
hereunder, and prior to obtaining the permit specified herein, fees
and a security performance deposit shall be received by the Director
of Public Works, as follows:
(a)
Permit filing and inspection fee (nonrefundable):
$150 up to 10 square feet and $75 for each additional 300 square feet.
(b)
Permit renewal fee (nonrefundable): 10% of original
permit fee.
(c)
Review fee (nonrefundable): $75.
(d)
Cash security performance deposit: $100 per
square foot of paved area and $40 per square foot of earth.
(2)
The Township Committee may accept from such applicant
in lieu of such cash security performance deposit a bond in an amount
and with surety satisfactory to the Township Committee. Such security
performance deposit amount shall be held by the Township and disbursed
in accordance with the remaining portions of this article.
B.
Fees. All fees received by the Township Clerk shall be deposited with the Township Treasurer within seven days of receipt, and notice shall be given by the Township Clerk to the Director of Public Works that the sums as specified in § 350-5 have been received and are in proper amounts.
C.
Records. The Township Treasurer shall record all such
transactions to protect the Township's financial interest in accordance
with the conditions specified herein.
[Amended 3-27-2007 by Ord. No. O-05-2007]
Upon such notice to the Director of Public Works
and under his inspection, the contractor securing the permit hereunder
shall, immediately after completing the work necessitating the excavating
or opening, refill with material suitable to the Director of Public
Works, properly tamped, and restore the excavation or opening with
a temporary cover as follows: earth and gravel roads with gravel not
less than eight inches thick; all other roads or driveways with four
inches of bituminous stabilized base course mix I-2 and all walkways
with two inches of bituminous cold patch. This first refilling shall
be considered temporary. The applicant shall maintain the area of
excavation free from potholes and depressions until the final surface
of two inches of I-5 bituminous surface course has been applied and
approved. The final surface shall be applied at a time specified by
the Township Engineer, and with materials specified by the Township
Engineer, and in all cases the opening or excavation shall be replaced
in as nearly as possible the same condition as it was at the time
of the opening, including all filling, replacing of shoulders of the
road where removed, and rolling and tamping to conform to the grade
and the balance of said road, and, in so far as concrete pavement
is removed, shall be replaced finally with reinforcement of the same
materials and in the same manner as originally built.
[Amended 3-27-2007 by Ord. No. O-05-2007]
The applicant shall notify the Township Engineer
and Director of Public Works immediately upon the completion of the
job. The excavation and the work required to be done shall be inspected
by the Township Engineer and the Director of Public Works, and if
found satisfactory, the cash security performance deposit or bond
of the applicant shall be returned to the applicant, as set forth
herein, within 60 days after the date of approval of the work and
posting of any maintenance bond, upon approval of the Township Committee
by resolution.
[Amended 3-27-2007 by Ord. No. O-05-2007]
In the event the Township Engineer or Director
of Public Works does not approve the replacement, the applicant shall
be notified in writing and shall be given a reasonable time to correct
the deficiency, and upon the failure to correct said deficiency, the
Township Engineer or Director of Public Works shall report the same
to the Township Committee, and thereupon the Township shall cause
the street, highway, road, avenue, or right-of-way to be properly
repaired and any deposit made by the applicant shall be applied to
the cost thereof, and if said deposit is insufficient to cover the
cost thereof, the applicant shall be held liable therefor, and if
the deposit is more than sufficient to cover the cost, the excess
shall be returned to the applicant.
[Amended 3-27-2007 by Ord. No. O-05-2007]
In case of emergency, any person may make an
excavation in or tear up the surface of any road without first having
obtained from the Township Director of Public Works a permit therefor,
in which case the person must make application for such a permit within
two working days after the occurrence of such emergency; provided,
nevertheless, that said person shall first advise by telephone the
office of the Township Director of Public Works of the nature of the
emergency.
[Amended 3-27-2007 by Ord. No. O-05-2007]
The applicant shall properly guard the excavation
by the erection of suitable barricades and also by displaying warning
lights at night. The applicant shall in all cases provide reasonable
safeguards by day and night to protect the traveling public. The applicant
shall at all times maintain proper and sufficient drainage to prevent
the accumulation of water upon the road to ensure an adequate and
safe passage for the traveling public and, in this respect, shall
carry out, at its own expense, any orders of the Township Engineer
or Director of Public Works.
If the excavation is to extend the full width
of the road, no more than 1/2 of the road shall be opened at one time,
and such half shall be backfilled before the other half is opened
so as to permit the free flow of traffic.
As used in this article, the following terms
shall have the meanings indicated:
Includes any individual, corporation, public utility or other
legal entity.
[Amended 3-27-2007 by Ord. No. O-05-2007]
All permits issued under this article shall
expire and become void 90 days from the date of issue unless renewed
in writing by the Director of Public Works, but the Township shall
not lose any of the rights of action, if any it has, against the applicant
by reason of granting such renewal.
[Amended 3-27-2007 by Ord. No. O-05-2007
All cuts, breaks, excavations or openings shall
be saw cut and conform in size to the application on which the permit
is based and shall be performed in neat, even and rectangular sections.
All excavation to a depth of four feet or over, and such other excavations
as may be required by the Director of Public Works, shall be shored
and braced to support the walls of the trench in accordance with applicable
Occupational Safety and Health Administrator (OSHA) regulations for
the protection of workmen and to prevent the unintentional widening
of the trench.
[Added 3-27-2007 by Ord. No. O-05-2007]
The applicant shall at all times adhere to and
follow the Manual on Uniform Traffic Control Devices (MUTCD) regarding
traffic control and, whenever any cut, excavation or opening would
be dangerous if left exposed, erect a suitable barricade or railing
in accordance with the Manual on Uniform Traffic Control Devices (MUTCD)
around the same in such manner as to prevent danger to pedestrians
or vehicles and place upon such fence or railing and upon any building
materials and appliances suitable and sufficient warning lights during
the period of darkness.
[Added 3-27-2007 by Ord. No. O-05-2007]
The applicant shall keep the area of work clear
of dirt and debris at all times and shall carry away and dispose of
excess dirt, debris and other materials resulting from the work.
[Added 3-27-2007 by Ord. No. O-05-2007]
Nothing contained in this article shall be construed
as requiring the issuance of a permit for the performance of any work
done by the Township, or under a contract with the Township, for the
construction of sewers, water mains, streets, sidewalks or curb improvements.
[Added 3-27-2007 by Ord. No. O-05-2007]
The applicant, in accepting a permit under this
article, shall be deemed to have agreed to indemnify and save harmless
the Township from and against any and all loss, costs or damages incurred
by reason of any damage to any property, injury to any person, or
any loss of life resulting from his/her intentional acts or negligence,
or the intentional acts or negligence of his/her agents, servants
or employees in performing the work covered by the permit, or in the
use of the permit for an encroachment/obstruction, or in maintaining
such encroachment or obstruction.
[Added 3-27-2007 by Ord. No. O-05-2007]
A.
The terms of this article shall not apply to a street
in any subdivision approved by either the Township Planning Board
or Township Zoning Board prior to acceptance of said street for maintenance
by the Township of Mantua.
B.
The Township Committee may by resolution approve of
the waiver of the fees and deposits required hereunder for a duly
incorporated, tax-exempt, nonprofit corporation or organization. Such
waiver shall be obtained prior to application being made hereunder.
[Amended 4-25-1978; 4-25-1989; 3-27-2007 by Ord. No. O-05-2007]
A.
Any person, entity or corporation who or which violates
any provision of this article shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
any place provided by the municipality for the detention of prisoners
for a term up to but not exceeding 90 days or by a fine of not less
than $100 and not more than $2,000 or by a period of community service
up to but not exceeding 90 days, or any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
