[Adopted 3-18-1985 by Ord. No. 85-34]
[Amended 9-3-1991 by Ord. No. 91-54; 2-17-2009 by Ord. No. 2009-01]
No person, firm, partnership or corporation
shall open or dig a trench in any public road, right-of-way, public
easement, street or highway of this municipality without having first
done each of the following:
A.
Made a written application therefor to the Township
Clerk of the Township of Stafford, in the County of Ocean, on forms
to be provided by the Township Clerk, and having supplied a map or
sketch of the project.
B.
Paid the proper fee to the Township Clerk for such
opening or trench, as hereinafter determined.
C.
Provided the municipality a cash or surety company
bond to guarantee that the opening or trench made by the permittee
will be properly closed. Upon completion of the work in a satisfactory
manner, the performance bond or cash will be released in return for
a maintenance bond or cash to guarantee that the road, street or highway
over the same will remain in good condition for at least one year
after the closing by the permittee. The minimum amount of each maintenance
bond shall be 25% of the amount of the performance bond, but shall
not be less than $25. A utility company may, in lieu of giving a separate
maintenance bond on each project, annually, once in January of each
year, give such a bond for $5,000, provided that when the total linear
footage of openings or trenches made by such utility company reaches
5,000 feet, such utility company may give either an additional bond
or deposit cash security in an amount equivalent to $1 per foot of
length of additional openings or trenches it desires to make in that
calendar year. Said cash or surety company bond shall be provided
to the Township Clerk.
D.
Received from the Township Clerk a written permit
for the specific opening or trench.
[Amended 9-3-1991 by Ord. No. 91-54]
No person, firm, partnership or corporation
shall direct or cause any employee, agent or contractor of such person,
firm, partnership or corporation to open or dig a trench in any public
road, right-of-way, public easement, street or highway until a written
permit for such opening or trench has been issued by the municipality.
Each permittee shall do each of the following
things with relation to each opening or trench for which the permittee
is responsible:
A.
Have the trench or opening dug promptly after the
permit aforesaid is granted.
B.
Have the material taken from the opening or trench
placed so as not to interfere with public use of the highway.
C.
Have proper and ample guards, barricades, signs and
lights maintained on the site to sufficiently warn users of the road,
street or highway of the dangers attendant to the project, from the
time the opening or trench is started until the road, street or highway
is completely restored and completely reopened to public travel.
D.
Assume full liability for any and all injuries caused
by the negligence of the permittee or the employees or agents of the
permittee in constructing such opening or trench as well as in its
maintenance or closing.
E.
Keep said opening or trench open a minimum period
of time to accomplish the purpose of the permittee and close such
opening or trench just as soon as possible thereafter.
F.
Comply with the following standards hereby adopted
in this municipality for such openings and trenches in public roads,
streets and highways.
(1)
Protection for traveling public. The permittee shall
keep such opening or trench properly guarded and, at night, have lights
placed thereat and, in doing the work, interfere as little as possible
with travel along the road and open no greater part of the road at
any time than shall be allowed by the Superintendent of Public Works
or his designee. All required barricades, flashing devices, advanced
construction warning signs and all other warning devices and traffic
direction devices, as specified in the Manual on Uniform Traffic Control
Devices, latest edition, as published by the Federal Highway Administration,
shall be provided and maintained by the permittee.
[Amended 12-16-1986 by Ord. No. 86-65]
(2)
Protection from suits. The permittee shall also save
harmless said Township of Stafford, its officers and servants from
and against any loss, injury or damage resulting from any negligence
or fault of the permittee, his agents or servants in connection with
the performance of the work covered by the permit. The permittee shall
further provide proof of liability insurance, in a form and amount
acceptable to the Township Attorney, naming the Township of Stafford,
its employees and agents as an additional insured for all work associated
with the permit.
[Amended 1-16-1990 by Ord. No. 90-05]
(3)
Time limit. The opening or trench shall be backfilled,
and base paved if required, immediately. The final pavement shall
be restored in accordance with the requirements of this article not
less than 30 days and not more than 45 days thereafter. The permittee
shall maintain the trench and regrade the subgrade as required until
final paving is installed. In case the work has not been completed
before the day of expiration as shown in the permit and the permittee
has not requested an extension of time, the Superintendent of Public
Works may, if he deems it advisable, take steps to backfill the trench
and replace a permanent pavement over the opening for which the permit
has been issued, and, if any extension of time beyond said date is
needed for the completion of the work, a new application must be filed
if required by the Superintendent of Public Works.
[Amended 12-16-1986 by Ord. No. 86-65]
(4)
Maintenance. The restoration of the opening or trench
shall be maintained for one year after completion.
(5)
Excavation.
(a)
The applicant shall give a twenty-four-hour
notice to the Superintendent of Public Works and the Traffic Safety
Bureau of the Police Department prior to making an opening, except
in case of emergency. No road may be closed or traffic detoured without
the preapproval of the Traffic Safety Bureau of the Police Department.
If the road opening is being performed in conjunction with a project,
such as a subdivision or site plan that has been approved by the Stafford
Township Planning Board or Zoning Board, then the applicant shall
also give twenty-four-hour notice to the Township Engineer prior to
making an opening, except in case of emergency.
[Amended 9-15-1987 by Ord. No. 87-71; 1-16-1990 by Ord. No. 90-05]
(b)
No opening shall be commenced on a Saturday,
Sunday or holiday, except in case of emergency.
(c)
On a bituminous-surface-treated road, the edges
of the opening shall be cut straight through the bituminous surface
before the trench is excavated.
(d)
The work shall be so conducted as not to interfere
with the water, sewer or gas mains or any connections with buildings
until permission of the proper authorities shall have been obtained.
All rock within five feet of a water main or other pipe which will
be damaged thereby shall be removed without blasting. No excavation
which will damage trees shall be made without the approval of the
Superintendent of Public Works.
(e)
On road openings associated with projects that
have been approved by either the Stafford Township Planning Board
or Zoning Board, including road openings for connection to existing
utilities under the jurisdiction of others, no opening shall be commenced
until such time as all contingencies of the Planning Board or Zoning
Board approval have been met and the applicant has posted the requisite
performance bonds and inspection escrows for the entire project.
[Added 9-15-1987 by Ord. No. 87-71]
(6)
Backfilling. The permittee shall completely backfill
the excavation and replace as great a portion as possible of the material
excavated, compacting it by flushing, tamping or other suitable means,
and supply additional material when there is a deficiency. Whenever
the project foreman shall deem the material unsatisfactory for backfill
and his decision shall be concurred in by the Superintendent of Public
Works, the permittee shall backfill the trench with sand, hard coal
cinders or other proper material acceptable, compressed as required,
and shall remove all excess material from the premises. If tamping
alone is employed, the material shall be placed in layers not exceeding
six inches in thickness, moistened as directed, and each layer energetically
tamped until thoroughly compacted.
(7)
Restoration of surface paving and surface paving foundation.
After the backfilling of the opening or trench has been completed
as above specified, the restoration of the pavement shall be governed
by the following applicable rules:
(a)
In the case of an opening or trench in the earth
shoulder, the permittee shall restore the top four inches of the trench
or opening with material capable of supporting the growth of grass
and shall fertilize and seed the surface with grass seed.
(b)
In the case of a gravel pavement, the permittee
shall fill in the top eight inches of the excavated trench or opening
with compacted soil aggregate Type I-2.
[Amended 12-16-1986 by Ord. No. 86-65]
(c)
In the case of a penetration macadam road which
consists of broken stone of various sizes, the permittee may salvage
the broken stone and replace it in the top of the trench similar to
the original pavement and cover it with two inches of hot-mixed bituminous
concrete.
(d)
In the case of a gravel-based bituminous concrete
road, the permittee shall restore the surface with six inches of compacted
soil aggregate Type I-2, covered with four inches of bituminous stabilized
base stone mix and two inches of bituminous concrete surface course,
Type FABC-1, Mix No. I-5.
[Amended 2-16-1986 by Ord. No. 86-65]
(e)
In the case of a bituminous-treated gravel road,
the permittee shall restore the surface with six inches of compacted
soil aggregate Type I-2, covered with four inches of bituminous stabilized
base stone mix and two inches of bituminous concrete surface course,
Type FABC-1, Mix No. I-5.
[Amended 12-16-1986 by Ord. No. 86-65]
(f)
In the case of portland cement concrete surfaces,
steel mesh reinforcement or deformed steel rod reinforcement (rebar)
shall be provided in the spacing gauge or diameter and placement method
as set forth by the New Jersey Department of Transportation Specifications,
1983 Edition, or as amended. All concrete thicknesses, classifications
and compressive strength shall be in conformance with the current
New Jersey Department of Transportation standards. Admixtures or curing
compounds shall be added only upon approval of the Superintendent
of Public Works.
[Amended 12-16-1986 by Ord. No. 86-65]
(g)
In the case of any special condition, the permittee
shall restore the trench or opening as directed by the Superintendent
of Public Works. If the Township is required to restore the pavement,
the final charges, based on the schedule 6f costs, shall be billed
to the permittee on the completion of the work by the Township.
(8)
Proper disposal of excavated materials. The permittee
shall dispose of all excavated materials at an approved location for
this purpose. The permittee shall further, in its application, describe
in detail where any and all excavated materials shall be disposed
of and provide written documentation that the proposed location for
disposal is an approved location for this purpose. If said location
is a landfill, the permittee shall provide proof that said landfill
is registered and licensed to accept such material.
[Added 1-16-1990 by Ord. No. 90-05]
(9)
Notification in case of emergency. The permittee shall
further provide to the Township the name and phone number of a person
who can be contacted 24 hours a day in the event that it becomes necessary
to contact the permittee in connection with the work involved with
the road opening permit
[Added 1-16-1990 by Ord. No. 90-05]
[Amended 12-16-1986 by Ord. No. 86-65; 1-16-1990 by Ord. No. 90-05]
A.
Each applicant for a permit for such opening or trench
shall post a cash or surety company bond with the municipality to
cover the estimated costs of closing the particular opening or trench
for which the application is being made according to the following
schedule of estimated costs; provided, however, that a minimum of
$500 must be posted in cash or bond before a permit will be issued:
|
Schedule of Estimated Costs
| ||
|---|---|---|
|
Material
|
Cost per
Linear Foot
| |
|
Unimproved surface
|
$1.25
| |
|
Improved surface other than concrete
|
3.25
| |
|
Concrete roadway
|
6.00
| |
B.
Each surety bond shall be executed by the permittee
as principal therein, and the surety company shall be the surety therein,
which surety company shall be one licensed to do business in the State
of New Jersey.
C.
Upon completion of the project by the permittee and the restoration of the public road, street or highway in accordance with this chapter, the permittee shall receive his performance or cash bond upon proper written application therefor and upon approval thereof by the Superintendent of Public Works and upon posting of the maintenance bond or cash described in § 187-1C. No performance or cash bond shall be returned to the permittee unless the permittee provides proof that all excavated materials have been disposed properly and in an approved location in accordance with the requirements of § 187-3F(8).
[Amended 12-16-1986 by Ord. No. 86-65; 1-16-1990 by Ord. No. 90-05]
A.
The following schedule of fees is hereby fixed, determined
and established as being the fees to be paid the municipality for
the issuance of permits and for other municipal services in connection
with the servicing of such permits and such openings and trenches
to proper restoration:
|
Schedule of Fees
| ||
|---|---|---|
|
Openings
(length, in feet)
|
Fee
| |
|
Up to and including 500
|
$3 per foot
| |
|
Over 500
|
$3 per foot up to and including 500 feet in
length; $1 per foot for each foot over 500 feet in length
| |
B.
There shall be a minimum fee of $25 for any road opening
that is less than 10 feet in length. Any road opening 10 feet or greater
in length shall be governed by the schedule of fees as set forth above
with the minimum fee being $150.
[Amended 3-20-1990 by Ord. No. 90-24; 9-16-1997 by Ord. No. 97-81]
C.
Such fees shall accompany the applications when filed
with the Township or its representative.
The fees referred to in § 187-5A hereof shall be paid to and become the property of the municipality.
The Superintendent of Public Works shall be
the agent and representative of this municipality to:
B.
Inspect the sites of the proposed openings or trenches.
C.
Inspect openings or trenches, warning guards, barricades,
signs and lights maintained or to be maintained at the respective
sites by permittee.
D.
Inspect closings or openings of trenches and restoration
of public roads, streets and highways.
E.
Notify the permittee or municipality, or both, of
any failure, refusal or neglect on the part of the permittee or his
employees or representatives to comply herewith.
F.
Make complaint of and prosecute, for and on behalf
of this municipality, any offense under this article.
G.
Administer the provisions of this article, for and
on behalf and in the name of this municipality, under the direction
of and for the Township Council, the governing body of this municipality.
H.
Inspect the trench opening at the end of the maintenance
period and report any discrepancies. Upon receipt of a favorable report
with respect to the condition of the trench opening from the Superintendent
of Public Works, the Township Council shall discharge the maintenance
bond or return the cash deposit, as the case may be.
I.
In the case of road openings associated with projects
that have received either Stafford Township Planning Board or Zoning
Board approvals, it shall be the responsibility of the Township Engineer
to perform the inspections required of this section.
[Added 9-15-1987 by Ord. No. 87-71]
[Amended 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,250,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Amended 2-17-2009 by Ord. No. 2009-01]
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
Nothing in this article shall be understood
or construed by any permittee or other person to absolve any permittee
or his employees, agents or contractors of any responsibility for
any damage done to any person or property in opening or digging a
trench in any public road, street or highway.
