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ORDINANCE 1952-11ORDINANCE #11 AN ORDINANCE relating to the excavation, occupation and use of the streets, avenues and highways of the Township of Delaware, in the County of Camden and State of New Jersey, and prescribing a penalty for the violation of the provisions thereof. BE IT ORDAINED by the Board of Commissioners of the Township of Delaware aforesaid: SECTION 1. That'it shall be unlawful for any person or persons, corporation or corporations to cut, break into, excavate or open any of the streets, avenues or highways of the Township of Delaware or any portion thereof, without first making written application to the Clerk of said Town ship stating the kind, character and purpose of the proposed excavation and accompanied by a plan showing its location and obtaining from said Clerk a permit for each and every opening; said permit shall be issued by the Clerk to the applicant upon the approval of said application and accompanying plan, by the Director of Public Works, for the sum of Ten • hout an improved surface, Twenty -five Dollars in case said street be wit be of bituminous surface treated gravel Dollars in case said street shall reet shall be reinforced concrete, bi- and Fifty Dollars in case said st tificial base, or of macadam paving, tuminous surface on concrete or ar .subject to the following provisions: SECTION 2. Should any street or public highway in the Town - shi transversely, the trench shall not exceed three feet in p be opened erly tamped and the surface width, and when said trench is refilled, prop, r inal condition, at the expiration of thirty days after estored to its orig artment of Public the refilling of said trench, the Director of the Dep and if in his judgment the Works will inspect the surface of said trench, f the street has been I trench has been properly refilled and the surface o r final condition Five Dollars will be retained as a restored to its orig license fee which fee is imposed for the purpose of revenue and the licant; otherwise the entire fee balance of said fee returned to the app will be retained by the Town restore said surface. Township pr operly P top p under a When any street is opened longitudinally SECTION 3• for the applicant, at the time Permit , as aforesaid, it shall be necessary 269 of securing said permit, to deposit with the Clerk of the Township the sum of Ten Dollars in case said street be without an improved surface, Twenty -five P,ollars in case said street shall be of bituminous surface treated gravel, Fifty Dollars in case said street shall be of reinforced concrete, bituminous surface on concrete or artificial base or macadam paving for the first two(2) square yards opened, and an additional fifty cents per square foot in the case of streets withcut an improved surface, or an additional One Dollar in the case of streets with bituminous surface treated gravel, or an additional One Dollar and Fifty cents in the case of streets with an improved surface of reinforced concrete, bituminous sur- face on concrete or artifical base, or macadam paving for each additional square foot over and above the first two square yards opened. When the trench is refilled properly tamped and the surface of the street restored to its original condition, at the expiration of thirty days after the refilling of said trench, the officials in charge will inspect the sur- face of said trench and street contiguous thereto,and if in their judgment the surface of the street has been restored to its original condition, Five Dollars in the case of excavations made in streets without an improved surface, Twenty Dollars in the case of excavations made on bituminous sur- face treated gravel streets and Forty -five Dollars in the case of exca- vations made on reinforced concrete, bituminous surface on concrete or artificial base or macadam paving will be returned to the applicant for base, per square foot in case of the first two square yards and Fifty excav made in streets without ah improved surface, and One Dollar ations Per s foot in the case of streets with bituminous surface treated quare gravel and One Dollar and Fifty Cents in the case of streets with an improved surface of reinforced 'concrete or bituminous surface on con- cret r artificial base, or macadam paving for each and every square o foot bove the first two square yards opened will be returne over and a t remaining amount retained as a license fee, which v applicant and the f he purpose of revenue; otherwise the entire amount ee is imposed for t p wi11 be retained by the Township, if necessary, to properly restore said Surface. i oration in lieu of deposit - SECTION 4. That any person or core a in the discretion of the Director of the De- lng the sums aforesaid may, re enter into *,bond Partment of Public Works of the Township of Delawa , 270 With the Township of Delaware in any of the sums aforesaid, or in an amount equal to the total of said sums for permits to be granted to such person or corporation, conditioned that said street or highway so exca- vated or opened shall be properly refilled and repaired and the pavement thereof properly relaid within the time provided in said bond to the satis- faction of the Director of the Department of Public Works of the Township Of Delaware of said Township; said bond as to form and sureties shall be approved by the Board of Commissioners of the Township of Delaware. In case said Township shall be obliged to refill, repair or repave any of the streets so disturbed as aforesaid on account of any default or failure corporation or corporations entering into such Of the person or persons, bond by reason of the breach of any of the conditions of said bond, then in such case the date of the final payment of the contract price of re- filling, repairing or repaving such street or streets, highway or high - 'Nays or any of them, shall be considered as the date of the completion Of said work. In no case, however, shall the execution or filing of said bond be the person or persons or corporation executing or fil- held to exempt in t same from the payment of the sums to be retained by the Clerk in g he am 1 and 2 of this ordinance. accordance with the provisions of Sections ' ^ ^ n nPti from SECTION 5. '1'nati corporation shall be allowed the Director of Public Works, no person or j hi hway for a greater distance j Permission to excavate or open a street or g one time, or keep the same opened for a longer than three hundred feet at which such street or and during all that Period than one week period, occupied or used in any manner, under permit highway is being excavated, as aforesaid, there shall be provided by the person or corporation ob- street level of at least ten feet in taining such permit, a space of eded use of the Width se of allowing vehicles free and unimp idth for the purpose s as aforesaid along same persons or corporations making opening and all p ship of Delaware, and any the line of any street or highway in the Tow t to la s possessing the right Y ' corporation or corporation or controll P in which shall ' any street or hig w hway, Tres, pipes or oth er conduits i es or other conduits, i desions, lay or relay wires, p P re to make connect section or sections of any OP make repair under the highway, or any 271 highway, street or alley shall be and are hereby required to complete all of said work within sixty days from the date of the granting of the permit therefor. SECTION 6. That all persons or corporations excavating, occupying or in any manner using any of the streets or highways of the Township of Delaware, for any purpose whatever, under permission granted as aforesaid, shall, whenever any excavation would be dangerous if left exposed, erect a suitable fence or railing around such excavation in such manner as to prevent danger to pedestrians or vehicles, and satisfactory to the Director of the Department of Public Works and shall place upon such fence or railing and upon any building materials and appliances suitable and sufficient lights as may be required by the Director of the Department of the Department of Public Works at twilight in the evening, and to be kept burning until sunrise during the time of such excavation, occupation or use of the streets as aforesaid. SECTION 7. And all persons or corporations excavating, occu- pying or using the streets, highways or alleys, as aforesaid, shall re- place them in the same condition as they were before such excavating, occupation and use, and all replaced earth shall be properly tamped, all avin material carefully kept aside, and the street or highway re- p g filled repaired and repaved and all excess earth, debris or other ma P terial removed to the satisfaction of the Director of the Department of and all refilling and repairs c Works s of the Township of Delaware; of street, so excavated or disturbed as aforesaid, when any unimproved t the same fails to do so, shall be made by and under he party excavating and to the satisfaction of said Director of the Township of Delaw are , the Department of Public Works. the Clerk other than such SECTION 8. All moneys received by as may be refunded or re t u rned by him to applicant, shall be deposited with the Township Treasurer. or bursting That in case of the sudden breaking SECTION 9• erative to prevent Of water main where immediate repair is imp any gas or loss or damage to streets or property or discontinuance of service, it shall not be necessary to obtain a permit before commencing such repair obtained within two days thereafter and this but such permit shall be obt case to exempt the person section shall not be held or taken in any l 272 or corporation repairing said pipes from any other of the provisions Of this ordinance. SECTION 10. Any person or corporation opening or attempting to open any of the streets, or public highways of the Township, without first securing a permit, as aforesaid, or violating any of the provisions Of this ordinance, shall be liable to a fine of not exceeding $100.00 or imprisonment in the County Jail not exceeding sixty days, or both, at the discretion of the Court, Justice or Recorder hearing the cause. SECTION 11. Any corporation possessing the lawful right and authority to open the streets and highways, in the Township of Delaware, for the purpose of laying down and maintaining thereunder pipes, mains and conduits, may make its bond to the Township of Delaware in the penal sum of Five Thousand Dollars ($5000.00) and file the same with the Town- ship Clerk, which bond shall be conditioned for the restoration of the surface of any and all such streets or highways opened by it for such purpose to the condition the same were before such opening was made, in- cluding the restoration of any pavement there may be thereon, or in de- fault thereof pay to the Board of Commissioners the cost of such restor- ation, upon demand, in case such restoration shall be made by the Township after neglect by Company, after notice to do the same; and it shall be the duty of the Township Clerk, whenever request by any corporation filing such bond, when accompanied by a plan showing the location and the pur- pose of such opening, is made, to issue a permit therefor, upon the pay- ment of a permit fee of Five Dollars (5.00); and said Clerk shall keep such plan on file in his office. All the requirements for work, pro- tection and safeguards in the Sections 6 and 7 of this ordinance shall also apply to corporations namedin this section. SECTION 12. And be it ordained that all ordinances and parts of ordinances inconsistent herewith to the extent of such inconsistency be and the same are hereby repealed, and that this ordinance shall take effect u e and publication according to law. imrr►ediatel Y P on its passag Adopted: February 18, 195 B a o Commissio ors . p Clerx.