[Adopted 10-12-1971 by Ord. No. 19-1971 as Ch. 86 of the 1971 Code]
The following words, when used in this article, shall have the meanings ascribed to them in this section except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes an application for a permit.
CLERK
The Clerk of said municipality or his or her duly authorized deputy.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
The person duly appointed Township Engineer, his or her authorized deputy, representative or inspector.
PERMITTEE
Any person who has been issued a permit and is obligated to fulfill all the terms of this article.
PERSON
Any natural person, partnership, firm, association, utility, corporation or authority created pursuant to statute. Whenever used in any section prescribing and imposing penalty, the term "person" as applied to associations shall mean the partners and members thereof, and as applied to corporations, the officers thereof.
STANDARD SPECIFICATIONS
The New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961.
STREET
The public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the township, and any state or county road over which the township may have acquired jurisdiction by agreement.
TOWNSHIP
The Township of Delanco, County of Burlington, State of New Jersey.
[Amended 11-5-1984 by Ord. No 12-1984]
It shall be unlawful for any person to tear up, dig into, break up, displace or excavate any of the streets or gutters in the Township of Delanco without first obtaining a permit therefor from the Township Clerk.
A. 
The application for a permit to make an opening or excavation in any street shall be in writing, dated and signed by the applicant, and shall state the road or street proposed to be opened or excavated and the object and purposes thereof, and shall also indicate the exact location, by length, width and depth, of said intended excavation.
B. 
In cases where the proposed opening involves construction of a longitudinal pipe main serving more than one property, the township may also require the applicant to submit plans showing the information required above and also the relationship of the proposed installation to the existing pavement, other utilities, the street right-of-way lines and any other physical features which might be affected by the proposed construction.
C. 
In all cases, the applicant shall also submit evidence of compliance with N.J.S.A. 2C:17-4, providing for notice to gas companies of such excavations.
[Amended 1-19-1998 by Ord. No. 1-1998]
A. 
Before the issuance of any such permit, the applicant shall deposit with the Clerk of the township the following amounts:
(1) 
A minimum deposit of $500, which shall cover an excavation no larger than 50 square feet in area, which deposit shall be held by the Clerk for use by the township in the event that it is required to resurface or repair the street following an excavation.
[Amended 9-10-1984 by Ord. No. 9-1984]
(2) 
An additional amount for all street openings in excess of 50 square feet, to be computed as follows:
(a) 
Paved streets, including concrete pavement or bituminous concrete pavement on concrete or macadam base, $1 per square foot.
(b) 
Paved streets, including bituminous concrete pavement on gravel base, $0.75 per square foot.
(c) 
Surface-treated streets, including bituminous surface treatment on gravel or macadam base, and also including bituminous mixed-in-place streets, $0.50 per square foot.
(d) 
Gravel streets with no treatment or pavement, $0.25 per square foot.
(3) 
An additional amount, based on the unit prices in the preceding subsection, if the area actually excavated exceeds that estimated at the time application was made.
B. 
The amount deposited shall be retained by the township for a period of one year from the date of the reconstruction of the road, to guarantee the proper work done by the applicant and the performance of the maintenance thereof in good condition by the applicant.
[Amended 1-19-1998 by Ord. No. 1-1998]
In addition to the above deposit, the applicant shall pay a nonreturnable fee in the amount of $25 for the first 20 square feet, or part thereof, of any opening and $5 for each additional 10 square feet, or part thereof, up to 200 square feet, said fee to be used to pay the cost of personnel employed to process the applications and permits and to inspect the work performed. In the case of openings which exceed 200 square feet, if at any time it becomes evident that the fees are or will be insufficient to cover the costs, the permittee shall pay to the Clerk such additional fees certified by the Township Engineer as required to meet the costs of the processing and inspection.
A. 
Private applicants. When the amount of the deposit, as determined under § 250-7, would exceed $1,000, the applicant may, at his or her option, furnish a guaranty bond with corporate surety for the full amount of such deposit instead of making the required deposit. Said bond will unconditionally guarantee that the applicant will make the proposed street opening, backfill the same and restore the pavement in accordance with requirements of the township and maintain the same for a period of one year from the date of the resurfacing of said road.
B. 
Public utilities. When the applicant is a public utility as defined by the statutes of the State of New Jersey, the township may accept, in lieu of the required deposits and fees previously set forth herein, a guaranty bond to the township in the sum of $50,000 plus a permit fee of $10. In addition, an inspection fee of $25 for the first 20 square feet and $5 for each additional 10 square feet thereof shall be charged such public utility. In those cases where the Township Engineer, upon inspection, determines that the opening, based upon his or her experience and expertise, will be one out of the ordinary due to the underground conditions or work involved, or where the proposed opening involves construction of a longitudinal pipe main serving more than one property, or in any case where the area to be opened exceeds 500 square feet, the applicant shall also pay the actual cost of inspection or inspections. Such bond shall guarantee payment of the amount that would have been deposited in the event of failure of the applicant to comply with this article. Such bond shall guarantee that the public utility will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the township. Such bond shall also include the one-year guaranty set forth in § 250-7B of this article. The township, at its option, may accept a corporate bond. Where the estimated cost of restoration exceeds $50,000, the public utility shall supply an additional bond to cover such expenses. Said bond shall not be considered to be filed until it is approved and accepted by resolution of the Township Committee. In the event that, after proper filing of a bond by a public utility as aforesaid, said public utility shall fail to abide strictly by the provisions of this article, the Township Committee may, by resolution and without prior notice to the public utility, revoke any privileges for street opening, which may have previously been granted under its guaranty bond, and revoke said bond and return it to the public utility, and require cash deposits for all future street openings made by said public utility, as well as cash deposits for all openings not properly restored as of the date of revocation of said bond.
Any person making any opening or excavation in any street in the Township of Delanco shall carry out the work as expeditiously as possible and in such manner as to cause the least possible public inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles and the flow of water along the gutters.
A. 
All openings, diggings, excavations, piles of material, equipment and barricades, including earth, dirt and stone, or other materials removed from the excavation, shall be carefully guarded at all times to prevent accidents, and a sufficient number of lighted lanterns, flares or torches shall be maintained between sunset and sunrise by the contractor or persons to whom such permit has been granted, to designate such openings or obstruction during the hours of darkness. Where any excavation or trench is to extend across any road or street, only half of the same shall be made at one time, and it shall be properly backfilled before the other half is excavated so as not to interfere with traffic.
B. 
In addition, all permittees shall place qualified flagmen as may be required and approved by the Chief of the Delanco Township Police Department to assure that throughout the performance of the work authorized by any permit issued under this article there will be as little interference as possible with traffic flow within the roadway affected.
[Added 9-13-1982 by Ord. No. 10-1982]
All existing pavements, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits or other installations or fixtures and property likely to be injured, damaged or destroyed shall be properly protected by the person doing any work for which a permit has been granted, during the time when such work is being performed.
The work on any opening to be made under any such permit shall be commenced within 10 days from the date of such permit and the work prosecuted with due diligence to its completion. If for any reason work is not commenced within said period of 10 days, the applicant shall present the permit to the Township Clerk, who shall thereupon either return the deposit required under § 250-17 of this article above, or extend the time for the beginning of the said work for another period of 10 days by endorsement on the permit, and no permit so extended shall be valid unless the work thereunder is commenced within 10 days from the date of such endorsement. If work is not commenced within the extended period of time, the deposit required under § 250-17 of this article shall be returned to the applicant.
In the case of any opening which restricts vehicular traffic to less than two ten-foot-wide travel lanes, excavation and backfill shall be made within a single eight-hour period, except under special occasions or circumstances where underground conditions or structures warrant a longer period of time. In other cases, it shall be made within one week's time, except where underground conditions or structures warrant a longer period of time. Street openings shall be resurfaced within the period of time designated by the Township Engineer at the time he or she inspects the backfilling operation, having due regard to the type of street involved and the volume of vehicular traffic which uses the same. Prior to resurfacing, the backfill shall be maintained in order to prevent depressions or bumps in the street surfaces, and suitable material shall be applied thereto to keep down dust.
A. 
Whenever any sidewalk, curb or gutter is broken up or excavated, it shall be restored to its proper condition as soon as practicable by the person having broken up or excavated it, at his or her own expense, to the satisfaction of the Township Engineer.
B. 
Any person making any opening or excavation shall backfill the opening and restore the surface of the road in accordance with the following procedure, so that the roadway surface is restored to a condition as near as possible as it was prior to the opening or excavation:
[Amended 1-19-1998 by Ord. No. 1-1998]
(1) 
Backfill shall be the best excavated material, free of organic matter, clay, rocks, foreign debris and other deleterious materials. Trench backfill material shall not contain fines in excess of 10% passing a No. 200 sieve, or stones larger than two inches in any dimension. If the excavated material does not comply with the above requirements, then the excavated material shall be removed from the site and borrow material shall be furnished which meets the above requirements for backfill.
(2) 
All trenches shall be backfilled by hand from the bottom of the trench to the center line of the pipe or conduit in layers of six inches and shall be thoroughly compacted by tamping. From the center line of the pipe, fittings and appurtenances, to a depth of six inches above the top of the pipe, the trench shall be backfilled by hand or mechanical methods and shall be thoroughly compacted. From six inches above the pipe to the subgrade of the roadway the backfill shall be made in layers not exceeding 12 inches thick depending upon the weight of the compacting equipment. Each layer shall be thoroughly compacted with a mechanical tamper or by use of vibrating equipment to 95% Modified Proctor. The tamping and compacting shall continue until the entire trench is completely backfilled and compacted to a point four inches below the surface of the adjoining roadway and ready for the roadway surfacing.
(3) 
Within 24 hours of completion of the backfilling of the trench, four inches of bituminous stabilized base course shall be constructed over the trench and adjoining area as required in Subsection B(5) below in accordance with Section 304 of the New Jersey Department of Transportation (NJDOT) Standard Specifications. The existing pavement shall be saw-cut at the width required in Subsection B(5) below. The specified four-inch base course thickness shall be the final compacted depth in place. Prior to placement of the base course material, the subgrade shall be primed with cutback asphalt applied at a rate of 0.15 to 0.35 gallons per square yard. In cold weather, when bituminous stabilized base course material is not available, cold patch produced in accordance with the applicable NJDOT Standard Specifications shall be used in place of bituminous stabilized base course. When bituminous stabilized base course is again available, the cold patch material shall be removed and the bituminous stabilized base course shall be constructed as hereinabove specified.
(4) 
After not less than three months nor more than six months after construction of the bituminous stabilized base course, the trench and adjoining roadway shall be filled to a depth of 1 1/2 inches below the surface of the adjoining roadway at the width required in accordance with Subsection B(5) below, and a bituminous concrete surface course shall be constructed thereon in accordance with Section 404 of the NJDOT Standard Specifications. The existing pavement shall be saw-cut at the width required in Subsection B(5) below. The surface course shall be constructed to a depth of 1 1/2 inches compacted thickness so that the new pavement shall match the adjoining roadway pavement to form a smooth and uniform surface.
(5) 
The bituminous stabilized base course shall be constructed a minimum of one foot beyond each side and end of the original trench that ends within the existing pavement and shall be constructed on undisturbed soil. The bituminous concrete surface course shall be constructed a minimum of six inches beyond each side and end of the base course that ends within the existing pavement and shall also be constructed on undisturbed soil.
In the event that the permittee shall fail to properly excavate, backfill or restore the street, sidewalk, curb or gutter involved to its proper condition as soon as practicable and within three days after the service or mailing of a notice from the Township Engineer so to do, then the Township Engineer may cause such restoration to be made and pay the cost thereof from said deposit or, in case a bond has been filed in lieu of a cash deposit, the township shall collect the cost of such restoration from the permittee. If, during such period of six months, or, in the case of a public utility filing a guaranty bond, one year, the filling of the opening shall require repairing and the permittee shall fail to make such repairs as are required within three days after the service or mailing of a notice from the Township Engineer so to do, then the Township Engineer may cause such repairs to be made and pay the cost thereof from said deposit or, in case a bond has been deposited in lieu of a cash deposit, the township shall collect the cost of such repairs from the permittee. When the work has been completed in accordance with the requirements and regulations as contained herein, and as may from time to time be adopted by the township to implement this article, the deposit, or such portion of the deposit which may remain, will be refunded to the permittee.
A. 
No ditch shall be dug within 10 feet of any street without first obtaining the approval of the Engineer, which approval shall not be given unless, in his or her opinion, the ditch will not endanger the construction of the road which it will adjoin.
B. 
No existing ditch adjoining a street and within 10 feet thereof shall be excavated to a depth lower than that now existing without first obtaining the approval of the Engineer, which approval shall not be given unless, in his or her opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.
In the event of an emergency where circumstances will not warrant delay to first secure a street opening permit, a street may be opened without a permit; provided, however, that such opening shall be confined in size to the area necessary to take care of the emergency. A street opening permit for said emergency opening, plus any additional area that it may be necessary to open, shall be secured before the close of business on the next business day of the township following the opening. Each day's delay in securing the street opening permit following an emergency street opening shall be deemed a distinct and separate violation of this article.
A. 
The applicant shall maintain such insurance as will protect him, the township and the Township Engineer from claims under the Workmen's Compensation Act in the New Jersey Statutory amount, employer's liability in the amount of $100,000, comprehensive general liability for bodily injury and property damage the amount of $1,500,000 each occurrence and $1,500,000 aggregate, comprehensive automobile liability and contractual liability in the same amounts as set forth above for comprehensive general liability. Additional liability coverage for the township and Township Engineer shall be provided either: by endorsement as additional insureds on the applicant's general liability policy, or by issuance of a separate liability policy covering the township and the Township Engineer for the coverages and in the amounts of coverage set forth above for general liability. Evidence of such insurance shall be presented to the Township Clerk before any permit may be issued.
[Amended 1-19-1998 by Ord. No. 1-1998]
B. 
The applicant shall agree by acceptance and receipt of the permit to save and indemnify and keep harmless the township against all liability claims from accidents to persons or property arising from the road opening or reconstruction of the road, and to defend any suit that may be brought against the township relating to the opening of the road or resurfacing of the same.
[Amended 1-19-1998 by Ord. No. 1-1998]
Any person who shall violate any provisions of this article or any rule, regulation or standard promulgated hereunder shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.