No person shall make any excavation or place any form of construction in, over, or upon any street or right-of-way area, or remove or after any curb or other structure or topography, or other wise endanger or obstruct the normal flow of traffic or normal flow of surface water by water discharge, the placing of any barricade, structure, material, or equipment not normally designated to be operated, placed, or used on a street or which would cause injury to a right-of-way area without first obtaining a written permit approved by the Road Foreman of the Road Division of the Department of Public Works (the "Road Foreman") or Township Engineer, which shall be issued by the Department of Public Works for the fees provided in this Section. No permit will be issued which would allow the discharge of water from any property onto any street or right-of-way area. Before a permit is issued and application must be made therefor upon forms provided by the Township. The application shall be accompanied by scaled drawings satisfactory to the Road Foreman or Township Engineer showing all details of any structures being installed or altered in the streets or right-of-way area Every permit shall specify the name and residence of the applicant, the place at which the work is to be done, the character of the work, and the time within which it is to be completed. No such permit shall be valid except for the place, time, and character of work specified therein.

Prior to the issuance of any permit for excavation below pavement glade or for any disturbance to a right-of-way area, the applicant shall file a certificate of insurance certifying that there is in full force and effect liability and property damage insurance lot the protection of the applicant and the Township from any and all claims for personal injury, including accidental death and property damage in minimum amounts of One Hundred Thousand ($100,000.00) Dollars to Three Hundred Thousand ($300,000.00) Dollars bodily injury and Twenty-five Thousand ($25,000 00) Dollars property damage.

1 The power to regulate excavation and construction in the public streets is contained in R.S. 40 67-1. The power to regulate soil removal is included in the general police power granted by R S 40 48-2.

No person shall be granted a permit to open any street or to conduct any work in a right-of-way area unless there is deposited with the Township Clerk performance guarantees sufficient to secure the cost of repairing and replacing the street or other surface or appurtenances within the street, shoulder, curb, right-of-way area, or drainage areas as may be determined by the Road Foreman in consultation with the Township Engineer. Said determination of performance guarantee amounts shall be based upon actual current cost estimates to be made by the Township Engineer plus twenty (20%) percent. All performance guarantees required here under shall be secured by a cash deposit The cash requirement may be satisfied by assignment of savings accounts or certificates of deposits provided that the accounts and certificates are assigned so that the township may withdraw the amounts oil deposit without delay or the necessity of securing the further approval of the party posting the same. The minimum amount of the performance guarantee: for any street opening shall be Seven Hundred ($700.00) Dollars.

All street openings, excavation, and restoration thereof shall be made under the supervision of the Road Foreman and shall be subject to periodic inspection as he deems necessary. In addition to the cash deposit as provided in Section 20 1.3, each applicant for a permit shall pay the following fees for the purpose of issuance of the permit, examination of drawings, supervision, and inspection of work the sum of thirty five ($35.00) dollars and, in the case of trench openings and excavation, an additional fee of Twenty-five ($25.00) Dollars for each one hundred lineal feet or portion thereof In the event more than one inspection is required, the same will be made at the additional charge of Twenty-five ($25 00) Dollars each.

No performance guarantee shall be released until all repairing and replacing of streets or other surfaces or appurtenances within the street, shoulder, curb, right-of-way area, or drainage areas are fully complete to the satisfaction of the Road Foreman and all inspection fees paid as provided in this Section In no event shall any such performance guarantee be released within a period of six months from completion of the work and until written approval thereof by the Road Foreman is obtained.

Unless otherwise directed by the Road Foreman, the following specifications shall govern the backfill in excavated trenches

A. All openings in roads, road shoulders, driveways, and other municipal right-of-way areas shall be backfilled with the materials excavated therefrom and shall be tamped in twelve inch layers with a mechanical tamper If the Road Foreman finds that those materials are not of suitable nature, he shall have the authority to require the said opening to be backfilled with bank run gravel.

B. All material not suitable for backfill and all excess backfill material shall be removed from the site by the permittee Such material, if suitable, for other landfill purposes shall be deposited on Township-owned property as directed by the Road Foreman

Unless otherwise directed by the Road Foreman, upon completion of the opening and backfill as specified in Section 20.1.6, the following specifications shall govern the maintenance and repair of street openings and openings in right-of-way areas by the permittee.

A. Shoulder openings shall be backfilled to within eight inches of the existing shoulder surface. The remainder of the trench shall be filled with road stone and tamped or rolled with the minimum capacity of a five-ton roller. The trench shall be maintained to the existing shoulder grade by the addition of shoulder stone as required

B. Pavement openings shall be filled as specified above for shoulder openings except that in place of the shoulder stone used to fill the remainder of the opening. six inches of bituminous stabilized base shall be used The pavement openings shall be maintained to the existing pavement grade by the addition of bituminous concrete as required. When, in the opinion of the Road Foreman, settlement in the pavement opening has ceased, the bituminous concrete surface course shall be removed and a permanent surface installed which shall as nearly as possible duplicate the original Pavement in type, material, color, and texture of surface to result in a uniform riding surface

C. Driveway openings shall be replaced in kind in accordance with the provisions of Article 20 3 hereof All other work relative to driveways shall be conducted in accordance with the said Article

D.Adequate provision shall be made to maintain and restore drainage and drainage facilities.

E.Right-of-way areas shall be filled in accordance with Section 20.1.6 above and shall be fine-graded and seeded or sodded at the Road Foreman's direction. All such areas shall, as is reasonable possible. be returned to a state as close as that which existed before any work was performed therein.

When it shall be necessary to use or store explosives in conjunction with any street opening or right-of-way work, the permittee shall comply with all applicable provisions of the Fire Prevention Code adopted by the Township The provisions and requirements of the code are in addition to this Section. The Township Engineer shall review any application which involves the use of explosives.

Every person making an excavation shall be required to place and maintain suitable warning devices, caution notices, barriers, and lighting devices pursuant to the requirements; of Title 39 of the Revised Statutes of New Jersey as amended and supplemented. All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public and occupants of adjoining property Where less than two complete traffic lanes are maintained, flag men shall be employed Where an excavation extends the full width of a street, only one-half of the street shall be opened and backfilled prior to opening the remaining half.

Any street opening must be backfilled within a period of forty-eight hours after commencement of excavation Temporary repaving shall be completed pi promptly as trenches are backfilled. Permanent replacement shall be completed within a period of six months from the date of installation of temporary pavement, unless the Road Foreman designates a shorter period of time The Road Foreman may grant time extensions under this Section where circumstances warrant. All work in any right-of-way areas shall be completed at the earliest time reasonable possible.

Any public utility subject to regulation by the Board of Regulatory Commissioners of the State of New Jersey may, in lieu of security deposits required in Section 20 1.3, execute a bond in the penal sum of Ten Thousand ($10,000.00) Dollars to the Township and file same with the Township Clerk. Such bond shall be conditioned upon compliance with the applicable provisions of this Section. In lieu of filing certificates of insurance as provided in Section 20.1.2 above, a public utility may file with the Township Clerk evidence certifying that it is qualified as a self-insurer pursuant to the appropriate statutes of the State of New Jersey. The provisions of Sections 20 1 3 and 20.1 4 shall not apply to the installation of public utility poles and anchors

Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would reasonably appear to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in Section 20.1.9. Immediate notice thereof shall be communicated to the Township Clerk or Road Foreman Application for a permit shall thereafter be made within a period of forty-eight hours, and the provisions of this Section shall be met.

Every permittee shall, as a condition of accepting any permit issued hereunder, have and hold harmless the Township and indemnify the Township from and against any loss, damage, claim, expense, or demand whatsoever arising out of any matter or resulting from the opening of any street and the issuance of a permit therefor.