Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
It shall be unlawful at any time for any person, firm, or corporation to cut, break, excavate or open any of the streets, avenues or highways of the Township of Evesham or any portion thereof for the purpose of installing, replacing, maintaining and repairing underground facilities, without first making a written application to the Department of Public Works or such department as may be designated by the Township Manager and receiving a permit for said work.
A. 
The application for a permit to make an opening or excavation in any road or 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. 2A:170-69.4 et seq.,[1] providing for notice to gas companies of such excavations.
[1]
Editor's Note: Repealed by L. 1978, c. 95.
D. 
The permit granted in pursuance of said application shall be in such form as the Township Manager of the Township of Evesham shall decide and shall be signed by the Township Manager or his designee.
Before the issuance of any such permit, the applicant shall deposit with the Treasurer of the Township of Evesham the following amounts:
A. 
A minimum deposit of $500 which shall cover an excavation no larger than 50 square feet in area.
B. 
An additional amount for all street openings in excess of 50 square feet, to be computed as follows:
(1) 
Permanent paved streets, including concrete pavement or bituminous concrete pavement on concrete or macadam base: $5 per square foot. Replacement shall be in kind, including subbase.
(2) 
Paved streets, including bituminous concrete pavement on gravel base: $4 per square foot. Minimum pavement replacement shall be eight-inch-thick quarry blend stone base and two-inch-thick bituminous concrete surface.
(3) 
Surface-treated streets, including bituminous surface treatment on gravel or macadam base, and also including bituminous mixed-in-place streets: $4 per square foot. Minimum replacement shall be as specified in Subsection B(2) above.
(4) 
Gravel streets with no treatment or pavement: $3 per square foot.
C. 
An additional amount, based on the unit prices in the preceding subsection, if the area actually excavated exceeds that estimated at the time the application was made.
D. 
In addition to the above deposit, the applicant shall pay a nonreturnable fee in the amount of $125 for the first 20 square feet or part thereof of any opening and $25 for each additional 10 square feet or part thereof, up to 50 square feet. In the case of openings which exceed 50 square feet but are less than 500 square feet, he shall pay, in addition, 25% of the amounts determined in accordance with Subsections B and C above. In the case of exceptional or complicated openings or where the area to be opened exceeds 500 square feet, the applicant shall deposit in cash a certain sum to be placed in escrow by the Township to cover the cost of inspections by professionals employed by the Township. The amount of the initial deposit shall be in an amount reasonably calculated to equal the cost of the necessary inspections. Sums not utilized in the inspection process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow. The applicant must also execute an agreement to underwrite necessary engineering costs incurred by the Township if the repair to the street is unsatisfactory and repair by the Township is necessary.
[Amended 4-10-2018 by Ord. No. 6-4-2018]
A. 
When the amount of the deposit as determined under § 133-15 above would exceed $1,000, the applicant may, at his or her option, furnish an acceptable performance guaranty for the full amount of such deposit instead of making the required deposit. Said guaranty shall unconditionally guarantee that the applicant will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the Township.
B. 
In the event that the applicant elects to provide a guaranty as set forth in Subsection A above, and in the event that the guaranty insures that the applicant will repair any pavement defects resulting from the street opening in the manner and at the times required by the Township for a period of three years following completion of the street surfacing, the amount of the fee to be paid will be reduced to $100 plus 5% of the amounts determined under § 133-15B and C above.
A. 
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 $20,000 plus a permit fee of $125 per work location. For the purpose of this section, "work location" is defined as any opening or series of openings in the same street. Each eight-hundred-foot portion of the street shall constitute a separate work location.
[Amended 4-10-2018 by Ord. No. 6-4-2018]
B. 
In the case of exceptional or complicated openings, 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 Township Manager may, at his discretion, require the applicant to deposit in cash a certain sum to be placed in escrow by the Township to cover the cost of inspection by professionals employed by the Township. The amount of the initial deposit shall be established by regulation in an amount reasonably calculated to equal the cost of the necessary inspections. Sums not utilized in the inspection process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow. The applicant must also execute an agreement to secure necessary engineering costs incurred by the Township if the repair to the street is unsatisfactory and repair by the Township is necessary.
C. 
The guaranty referred to in § 133-17A 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 three-year guaranty set forth in § 133-16B of this article. The Township, at its option, may accept a corporate bond. Where the estimated cost of restoration exceeds $20,000, the public utility shall supply an additional bond to cover such excess.
D. 
Said guaranty bond shall not be considered to be filed until it is approved and accepted by resolution of the Township Council.
E. 
In the event that, after the 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 Council may, by resolution and without prior notice to the public utility, revoke the privileges granted under its bond, return such bond 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.
In the event that the applicant should fail to properly excavate, backfill or restore the pavement in accordance with the Township requirements and within the time set forth on the application, the Township may use such portion of the deposit as may be necessary to properly complete the work. 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 applicant.
A. 
The permit issued shall designate the number of square feet to be excavated and the location of same, and shall further designate the time within which the work contemplated thereunder shall be completed. The work shall be performed within the time specified in the permit.
B. 
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.
C. 
Street openings shall be resurfaced within the period of time designated by the Township at the time the application is approved. 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.
[Amended 6-20-2017 by Ord. No. 10-5-2017]
A. 
Excavation and reconstruction.
(1) 
The New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), with all amendments and supplements by NJDOT, shall govern all work performed under permits issued by Evesham Township except as supplemented and outlined below and elsewhere in this policy.
(2) 
All applicants shall contact the New Jersey One Call Center (811 or 1-800-272-1000) prior to any excavation in a Township right-of-way.
(3) 
The excavated material from the trench opening shall not be used for backfill unless the material is approved by the Township Department of Public Works (DPW).
(4) 
Flowable backfill material shall be required for backfilling of all road openings in the pavement area, or other areas at the discretion of the DPW. Flowable backfill, also known as controlled low-strength material (CLSM), shall conform to and be constructed according to NJDOT specifications. All trenches shall be filled to within eight inches of final grade. The remaining eight inches shall be filled with stabilized base course placed in three layers to the existing grade. After a ninety-day settling period, the top two inches of the base course shall be milled and final paved with top course as directed by the DPW. Alternate backfill materials such as 15:1 dry mix are prohibited without prior written approval from the DPW.
(5) 
Backfill material, when placed in the trench outside the limits of paving, shall be deposited in layers and compacted in such a manner and by such methods as to achieve 95% standard proctor density throughout the entire area to be backfilled. The maximum thickness of each layer shall not exceed eight inches loose measurement unless it can be demonstrated that lifts exceeding eight inches meet the minimum 95% compaction requirement. The DPW may require the permit holder to perform in-place density testing to ensure the backfill meets specified requirements.
(6) 
Pavement restoration will require that a tack coat be applied to all vertical and horizontal surfaces of the opening for the stabilized base. A tack coat shall also be applied to the horizontal joints after the final two inches of top course material is placed.
(7) 
No greater area shall be excavated than can be backfilled and completed, including pavement restoration, in a normal road working day (8:00 a.m. to 4:00 p.m.).
(8) 
Paved roadway surfaces shall be saw cut vertically to the full depth of the existing pavement on a straight line before excavating. The surfaces shall be cut in such a manner that lifting of pavement adjacent to the trench will not occur during excavating. Any concrete encountered shall be saw cut and all bars cut flush with the edges of the concrete. Roadway surfaces beyond the limits of the trench cuts shall not be disturbed. All trench excavation must be in accordance with OSHA. Prior to paving, the applicant shall be responsible for the adjusting or for arranging for the adjustment of all facilities such as manholes, inlets, utility boxes, etc., so that they will conform to the cross slope of the restored surface of the roadway.
(9) 
The DPW, at its sole discretion, may require that any portion of a trench be reexcavated and restored in accordance with provisions contained herein until the expiration of the period of maintenance.
(10) 
All openings beyond the shoulder areas shall be brought to grade with compacted backfill. After a minimum of six months, a minimum thickness of four inches of topsoil shall be constructed in the trench area and seeded, fertilized, and mulched or sodded. Should a proper growth not be achieved after one month, the area shall be refertilized, reseeded and remulched or resodded as necessary.
(11) 
Repair of Township facilities, other than pavements, shoulders, or lawn areas, which are disturbed as a result of work performed under the permit shall be required by the DPW. When work is to be completed on a Township road or intersection that impacts the existing signing, striping, raised pavement markers or traffic signal system, it is the applicant's responsibility to contact the Township DPW for mark out of existing facilities in the roadway. Any damage to these facilities must be repaired to the satisfaction of the DPW. In the event that the one or both of the center line markings of the roadway are disturbed or damaged, both center line markings shall be replaced. All restoration required by this section shall be done in conformance to the current standards. Any excavations or openings within the Township right-of-way must be restored to as good or better condition as existed prior to the commencement of work.
(12) 
Mill and overlay requirements:
(a) 
The DPW may direct the milling and overlay of newly trenched areas, full width of the road, if the trench is irregular in shape, and/or multiple openings are within close proximity to one another. The limits of the mill and overlay shall be from the beginning of the first opening to the end of the last opening.
(b) 
Mill and overlay of the width of the entire lane is required if the trench is longitudinal along the travel lane. Full width mill and overlay of the entire road is required along longitudinal trenches with nonuniform width and/or with multiple crossings to prevent erratic travel of motor vehicles.
B. 
Final restoration. For all openings in a paved roadway, either of the following reconstruction methods may be used:
(1) 
The flowable fill backfill material shall be placed to within 12 inches of the existing grade A subbase of six inches of dense-graded aggregate shall be placed and compacted, and then a layer of four inches of stabilized base shall be placed and compacted. The remaining two inches shall be filled with a cold patch material. After a minimum settling period of 90 days, the cold patch material shall be removed and replaced with the final paving as directed by the DPW. All vertical and horizontal joints shall be tack coated.
(2) 
In lieu of the six inches of dense graded aggregate, six inches of stabilized base course, placed in two lifts and compacted, may be used, and the two inches of cold patch placed thereon. After the ninety-day settlement period, the temporary material shall be removed and replaced with the permanent paving at the direction of the DPW. All vertical and horizontal joints shall be tack coated.
(3) 
Traffic stripes or markings such as edge lines, stop lines, center lines, crosswalks, arrows or word messages, etc., shall be replaced immediately after the temporary pavement is placed. Latex paint may be used for temporary striping. Alkyd base thermoplastic shall be used as the final striping material. Thermoplastic shall be installed at 125 mil thickness. Glass beads shall be applied on the top of the thermoplastic traffic stripes and/or markings. Installation methods and thermoplastic materials shall be in accordance with specifications. When the final pavement restoration is complete, the final pavement markings shall be placed at the direction and approval of the Township.
Any person, firm or corporation making any opening or excavation in any road or street in the Township of Evesham shall carry out the work as expeditiously as possible and in such manner as to cause the least public inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles and the flow of water along the gutters.
All openings, diggings, excavations, piles of material, equipment and barricades, including earth, dirt, 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 person 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 1/2 of the same shall be made at one time, and it shall be properly backfilled before the other 1/2 is excavated so as not to interfere with traffic.
[Amended 6-20-2006 by Ord. No. 19-6-2006]
A. 
All existing pavements, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits, or other installations, infrastructure improvements, or fixtures and property likely to be injured, damaged, or destroyed during the course of any activity covered under this article shall be properly protected by the person, firm or corporation doing any work for which a permit has been granted under this article during the time when such work is being performed.
B. 
Whenever the Township Council undertakes any action to provide for the paving or repaving of any street, the Township Clerk shall promptly mail a written notice thereof to each person or entity owning sewers, mains, conduits or other utilities in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such person that street opening permits for openings, cuts or excavations and permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the street opening permit may be completed not later than 45 days from the date of the governing body's action, whether same be by resolution ordinance or motion. The Township Clerk shall also promptly publish a similar notice of said action with the same information in each of the Township's official newspapers, thereby giving notice to the public, including state agencies and departments or other persons who may desire to perform excavation work in said street, of the Township's plans for said street, and that, following completion of the Township-approved work, no further excavation will be permitted for a period of five years.
C. 
Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said street shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Township Engineer, an emergency, as described otherwise in this article, exists which makes it absolutely essential that the street opening permit be issued.
D. 
Every Township department or official charged with responsibility for any work which may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavations in the new pavement in said Township street during said five-year period.
E. 
For purposes of this section, the word "streets" shall mean any street, road, avenue, cul-de-sac, or highway dedicated to and under the jurisdiction of the Township of Evesham.
F. 
An emergency shall consist of a gas leak, underground electric or telephone or water main break, a sanitary sewer force main break, a sanitary sewer gravity main break, or any situation which may result in harm to the public health, safety or welfare, or damage to public or private property. New installation of any utility in and of itself shall not be deemed an emergency. Even in the event of an emergency, however, a road opening shall only be permitted if the permittee has on file a sufficient performance bond to ensure proper restoration of the affected roadway area.
A. 
In the case of the Township Municipal Utilities Authority, the Township Manager may waive any or all of the requirements of this article.
B. 
In the case of a subdivider, where escrow funds or other suitable guaranty for complete reconstruction of an existing road has been provided and where proper approvals for all proposed work have been obtained, the Township Manager may waive the requirements of this article.
C. 
In the case of a contractor performing work for the Township of Evesham, the Township Manager may waive the requirements of this article.
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.
Any person, firm or corporation violating any provision of this article, or any rule, regulation or standard promulgated hereunder, shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code.