[HISTORY: Adopted by the Township Committee
of the Township of Wall as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-8-1978 as Sec. 9-1 of
the Revised General Ordinances]
A.
No person, firm, corporation, or public utility company
shall dig up any street or public place without first having obtained
a permit therefor as provided in this article.
B.
No permits shall be issued for any excavation in a
street which has been resurfaced by or on behalf of the Township for
a period of five years from the date of the acceptance by the Township
of the resurfacing work. The Township Engineer shall maintain a list
of all public streets resurfaced by, on behalf of, or at the direction
of the Township within the five years immediately preceding the date
of adoption of this subsection and shall supplement the list of resurfaced
streets as required. The list shall contain the name of each street
which is resurfaced; the portion or portions of the street which have
been resurfaced and the date of acceptance of the resurfacing improvements
by the Township. The Township Engineer shall deny any application
for a permit to excavate any street or portion thereof which has been
resurfaced within the five-year period preceding the date of such
application.
[Added 6-13-2001 by Ord.
No. 24-2001; 9-22-2021 by Ord. No. 14-2021]
[Amended 9-22-2021 by Ord. No. 14-2021]
Any person desiring to excavate or dig up any
street or public place for the purpose of laying down pipes or conduits,
or for any other purpose whatever, shall file an application with
the Township Engineer containing a legible drawing of the proposed
excavation and shall pay with such application to the Township Engineer
for the use of the Township the fee prescribed in this article.
[Amended 9-22-2021 by Ord. No. 14-2021]
The applicant or other person desiring to excavate
or dig up any street or public place for the purpose of laying down
pipes or conduits therein shall pay to the Township Engineer a fee
of $25 with the application, which shall permit an opening in any
street or public place not to exceed three feet in diameter or three
feet square. In the event the application proposes to open a street
for a greater distance than above set forth, the applicant shall pay
to the Township Engineer with such application, in addition to the
aforementioned fee, the sum of $2 for each additional running foot
of excavation.
All street excavations in the Township shall
be subject to the following regulations:
A.
The issuance of the permit shall be conditioned upon
the posting by the applicant of an inspection fee and cash road restoration
guarantee, the amounts of which shall be determined by the Township
Engineer and based on the scope of work covered by the permit.
[Amended 5-12-2010 by Ord. No. 6-2010]
B.
The area excavated shall be restored with stabilized
base course level and shall be made flush with the existing pavement.
C.
After the passage of 60 days and prior to the expiration
of 90 days from the date of the completion of the work, the patched
area shall be restored by an infrared pavement restoration process,
or another pavement restoration process approved by the Township Engineer
to an area two feet outside of the edge of the original cut, and bituminous
concrete surface shall be installed over the extended area.
[Amended 5-12-2010 by Ord. No. 6-2010]
D.
The Township Engineer shall inspect the restoration
work. If the restoration work is properly and timely completed, the
Township Engineer shall return the restoration deposit to the applicant.
Should the Township Engineer determine that the restoration work has
not been properly completed, or if the restoration work is not completed
within 90 days, the restoration deposit shall be forfeited to the
Township.
[Amended 9-22-2021 by Ord. No. 14-2021]
E.
In the case of an excavation for the purpose of a water main tap or sewer lateral to be made by the Water/Sewer Utility Department where a street opening is required to perform the required work, the Water/Sewer Utility Department shall only temporarily restore the roadway. The applicant shall post the required inspection fees and cash restoration guarantees as required by Subsection A and shall be responsible for the final pavement restoration as required by Subsections B and C.
[Amended 5-12-2010 by Ord. No. 6-2010]
[Amended 9-22-2021 by Ord. No. 14-2021]
Upon receipt of the aforesaid application and
fee, the Township Engineer shall, if appropriate, issue a permit authorizing
the digging up of a street or public place for the purpose of laying
down pipes or conduits therein to the applicant, and shall include
such conditions to the permit as may be recommended by the Township
Engineer. No opening may be made by virtue thereof except that which
is delineated on the drawing hereinbefore referred to.
Any permit issued hereunder shall expire one
month after the date of its issuance and shall be void thereafter.
No excavation shall be more than three feet
in width.
Any person holding a permit to excavate in a public street or in a public place shall comply with all conditions of such permit and shall further comply with the provisions of Article II of this chapter.
A.
The provisions of this article shall not apply to
any street opening made for the purpose of an initial water tap or
sewer connection made or approved by the Water/Sewer Utility Department,
as required by the applicable water and sewer connection ordinances.[1]
B.
At the time of a street opening made for the purpose of an initial water tap or sewer connection for a new structure, a street opening may also be made for other utility connections, subject to the conditions set forth in § 195-4B hereof.
C.
The provisions of this article shall not apply to
any street opening made for the purpose of providing utility services
to a new single-family residence constructed on a vacant lot or constructed
after the complete demolition of an existing residence.
[Added 9-17-2003 by Ord. No. 22-2003; amended 11-10-2004 by Ord. No. 30-2004]
[Amended 9-22-2021 by Ord. No. 14-2021]
No license under this chapter shall be issued
until the Township Engineer receives a certification from the Tax
Collector that all real property taxes and assessments are current
and that no such taxes or assessments are then due and owing.
[Adopted 11-8-1978 as Sec. 9-2 of
the Revised General Ordinances]
No person, firm, corporation, contractor or
public utility shall conduct work on, under or above a public roadway
without first contacting the Police Department Traffic Bureau in order
to arrange a preconstruction meeting. There shall be submitted to
the Traffic Bureau, either prior to or at the time of the preconstruction
meeting, plans for the safe movement of traffic during the period
of construction or repair work to be performed upon the public roadway.
No work on, under or above a public roadway shall be commenced unless
a traffic plan has been approved by the Traffic Bureau. Any person,
firm, contractor or utility who fails to comply with this section
prior to the commencement of such work, or whose plans are not approved
by the Traffic Bureau is in violation of this article. The traffic
movement plan submitted to the Traffic Bureau shall also include the
proposed routes of travel of all construction vehicles and equipment
for the approval of the Traffic Bureau.
A.
Any person, firm, contractor or utility performing
repair, maintenance or construction work upon a public roadway shall
provide the Traffic Bureau, prior to the commencement of such work,
with at least two emergency contact telephone numbers to be called
in the event an emergency arises at the site.
B.
Should the Traffic Bureau, for any reason, not be
able to reach the emergency contacts, or if the contact person does
not respond to a call from the Police Department in the event of an
emergency or to correct a hazardous condition, the Police Department
may take such action to correct any emergency or hazardous condition.
The reasonable costs of such correction incurred by the Township shall
be charged to, and paid by the person, firm, contractor or utility
responsible for the work.
A.
No person, firm, contractor or utility shall perform
construction, maintenance, repair or utility work on any public roadway
in the Township, except between the hours of 9:00 a.m. and 4:00 p.m.
B.
Should the Traffic Bureau determine that the proposed
work would not substantially delay traffic, or cause a safety or health
hazard if performed at other hours, a waiver may be granted to permit
such work to be performed either prior to 9:00 a.m. or after 4:00
p.m.
No person, firm, contractor or utility shall
close a public roadway or detour traffic on a public street unless
prior approval therefor has been issued by the Traffic Bureau.
Traffic directors shall be posted at all construction,
maintenance or utility sites on public roadways as directed by the
Traffic Bureau when the Bureau determines that traffic directors are
required to provide for the safety and expeditious movement of traffic.
Should construction, maintenance repair or utility
work upon any public roadway in the Township be performed in such
a manner as to create a nuisance or safety or health hazard, or if
such work is performed in violation of any section of this article,
the Traffic Bureau shall issue a stop-work order and may, if necessary,
order removal of equipment, vehicles and stored material from any
public right-of-way, and may further order the backfilling of open
excavations or related work.
Any person, firm, corporation, contractor or
public utility who violates any provision of this article shall be
subject to a fine of not more than $1,250 or imprisonment in the county
jail, or in any other place provided by the municipality for not more
than 90 days, or both, or 90 days' community service in the discretion
of the court or judicial officer before whom a conviction may be had.
Each and every day that such violation continues shall be considered
a separate and specific violation of this article.
