This article shall be known as and may be cited as the "Franklin Township Street Opening Ordinance."
It shall be unlawful for any person, partnership, firm or corporation to make any excavation or opening or to dig up, disturb or tunnel under the surface of any part of any street in the Township of Franklin, County of Warren and State of New Jersey, without having first obtained a permit for the same or without complying with the provisions of this article or in any way varying from the terms of any permit issued hereunder.
For the purposes of this article, unless otherwise provided, the term "public street or highway" shall be defined as including all passages designed for the passage of all motor vehicles, whether owned by any public agency or not and whether or not maintained at public expense.
Applications, in writing, on forms to be supplied by the Township Clerk, shall be filed with said Clerk in triplicate, together with the proper fee as hereinafter set forth. Said application shall describe the exact location of the intended excavation or opening, the size thereof, the purpose therefor and the name of the person, partnership, corporation or firm doing the actual work; together with the name of the person, partnership, corporation or firm for whom or which the work is being done, the period of time within which the work shall be performed and estimated costs thereof. Said application shall further contain a representation by the applicant that said applicant will comply with all ordinances and laws pertaining to the work to be done.
Two copies of said application shall then be forwarded by the Franklin Township Clerk to the Franklin Township Engineer for his review and approval, whereupon the Township Engineer shall endorse his approval upon the face of said applications and attach his estimate of the cost to restore the roadway surface to its original condition and return the same to the Township Clerk. Said Township Clerk shall then issue said permit after payment by the applicant of any additional fees required as hereinafter set forth and in accordance with the recommendations of the Township Engineer. Said permit shall be issued or denied within the period of 10 days from the date of application therefor, but said permit shall not be issued until said applicant shall provide the necessary guaranties or performance bond for the completion of said work, as hereinafter provided, along with the balance of any permit fees required.
Prior to the issuance of said permit, the applicant shall pay a fee to the Township Clerk in the amount of $25 with the original application for any excavation or street opening under this article, together with the further sum of $0.50 per square foot of the actual area of the street surface to be excavated. In addition, said applicant shall also be responsible for paying any reasonable engineering inspection fees in an amount not to exceed the sum of $200, which will be billed by the municipality.
Before the street opening permit shall be issued by the Township Clerk under this article, said applicant shall further post with the Township Clerk sufficient performance guaranties to insure completion of the work under the terms of this article and the recommendations by the Township Engineer, either:
By delivering to the Township Clerk a surety bond issued by a surety company authorized to do business in the State of New Jersey in an amount equal to 1 1/2 times the cost of said excavation and repairs as set forth in the application and approved by the Township Engineer as to insure said completion; or
The provisions for performance guaranties as herein provided shall also apply to utility companies. However, any of said utility applicants shall also be able to file with the Township Clerk a surety bond issued by a surety company authorized to do business in the State of New Jersey in the amount of $2,000 or by posting a certified check in a like amount on an annual basis to cover the openings and excavations in the course of business of said utility, and the same shall be sufficient as performance guaranties for any and all applications filed for street opening permits within said calendar year.
Said performance guaranty either by a surety bond or certified check, shall be submitted together with a statement by said applicant or the surety company, as the case may be, insuring that the excavation shall be completed within a reasonable time and according to § 120-7 hereinafter set forth.
In the event that the applicant fails to restore the surface of that portion of the public way to its original condition in accordance with the terms of the street opening permit as issued and provided in this article, the Township shall look to said surety company for proper completion, or, in the event that said applicant has deposited a certified check as a performance guaranty, said Township may use said sums as are necessary from said deposit to complete said work and restoration of said street opening. It is further provided that said applicant shall be responsible for any additional fees or costs over and above said performance guaranty.
In the event that the applicant does restore said road surface to its original condition within the time set forth in the application and in accordance with the permit as issued and the terms of this article, then the Township shall return the full amount of the check to the applicant within five days of the adoption of a resolution by the Township Committee at its next regular Township meeting after the request by the applicant to the Township Clerk and notification to the Township Engineer. In regard to any bond posted for the completion of said work, said bond shall remain in full force and effect and shall only be released by resolution of the Township Committee, which said release shall be given upon the satisfactory completion and restoration of the road surface in accordance with the terms of the permit and this article. Said resolution shall be enacted within 60 days of certified mail notice, in writing, to the Township Clerk.
It shall be unlawful to make any such excavation, opening, digging or tunnel in any way contrary to the terms of the permit issued therefor. Proper bracing shall be maintained to prevent the collapse of adjoining grounds, and the excavation shall not have, anywhere below the surface, any portion which extends beyond the opening at the surface.
No injury shall be done to any pipes, cables or conduits in the making of said excavations, openings, diggings or tunnels, and notice shall be given to the persons or firms maintaining any such pipes, cables or conduits which are or may be affected thereby. It is further to be provided that no unnecessary damage or injury shall be done to any tree roots along said roadways.
All persons, partnerships, firms or corporations granted permits to make an opening or excavation in public streets or highways in the Township of Franklin shall at all times maintain barricades and guards and, if necessary, display proper warning with signals, flags, flashing lights or their equivalent. If, in the opinion of the Township Engineer, it shall be necessary to provide any street guard or watchman to prevent injury to any person or damage to any property, it shall be provided at the expense of the applicant; and, further, all said excavations shall be properly lighted from the hours of dusk to dawn and shall further conform to any reasonable provisions as may be prescribed by the Township Road Supervisor or Township Engineer and in accordance with the provisions of Title 39 of the New Jersey Revised Statutes, and the amendments and supplements thereto.
All permits shall contain a statement that the work is to be properly guarded and that the applicant shall conform to the reasonable provisions of the Township Engineer or the Township Road Supervisor and that the streets or highways shall be kept open at all times except when otherwise ordered and approved by the Township Engineer.
Private roads/new construction. Any and all roads, streets, byways, etc., constructed or created, but not yet having been accepted by the municipality, and having received one base coat, must remain free of any barricade, blockade or any and all other impediments which would interfere with the ingress and egress to, from and over said road and/or roads, streets, byways, etc., by any and all vehicles, whether the same be emergency, fire, police, etc.
[Added 4-12-1999 by Ord. No. 99-9]
It is hereby provided that at no time shall any applicant, in any excavation or digging in any street, tunnel or undermine any of said roadway except in such cases as may be specifically approved by the Township Engineer.
The quantity of pavement to be removed from the proposed opening or excavation shall have straight, clean edges, and any material removed from said excavation shall be removed from the site and disposed of in a manner directed by the Township Engineer.
Upon completion of the proposed work, a trench or excavated area shall be backfilled with stone dust, No. 10 screening, complying with Department of Transportation specifications or, if the same is not available, by backfilling with broken stone as approved by the Township Engineer. The backfilling of said trenches or excavations shall be backfilled with the substances as above set forth to the subgrade of existing pavement and shall be thoroughly compacted.
Upon completion of the compacted backfilling of the trench or excavation to the required elevation, the backfilled area shall be paved with four inches' compacted thickness of bituminous stabilized base course and two inches' compacted thickness of FABC-1 bituminous surface course.
In areas where concrete pavement is removed, backfill shall be completed as above to the subgrade of the existing pavement and repaved with an equal thickness of concrete material.
All of the backfilling and repairing of the excavated area shall be done in a neat and workmanlike manner so that the restored pavement meets the existing surrounding pavement as smoothly as possible. All of the cost of backfilling and repairing shall be borne by the applicant.
All repairing shall be completed within three days of the date that backfilling is completed.
In the event of any emergency due to a break or blockage in any sewer main, conduit or utility line in or under any street which causes such a condition as to immediately endanger property, life, health or safety of any individual, person, firm or corporation, said utility firm owning or controlling such sewer main, conduit or utility line shall be able to commence work in regard to the same without having first obtained an excavation or street opening permit hereunder and shall immediately take proper emergency measures to cure or remedy said dangerous condition for the protection of said property, life, health and/or safety of the general public. However, such person, partnership, firm or corporation owning or controlling such facility shall apply for a street opening permit no later than the end of the next succeeding day in which the Township Clerk's office is open for business and shall not proceed with permanent repairs and resurfacing without first obtaining said street opening permit and the approval for resurfacing by the Township Engineer.
Any users of subsurface street space shall file accurate drawings, plans and profiles showing the location and character of all existing underground structures and installations with the Township Engineer within two years after enactment of this article. Corrected maps shall be filed with the Township Engineer within 60 days after new installations, changes or replacements are made thereto. In regard to street openings or excavations to connect individual properties to any sewer line or other public utility, the same shall be exempted from said map filing procedures. However, the applicant and property owner for whom said work is to be completed shall, at the time of said excavation, install a proper monument within the owner's property boundaries and outside of the adopted street right-of-way width for future reference as to actual location of said installation which, together with the filed application and diagram with the Township Clerk, shall be sufficient data to meet the purposes and intent of this section.
A permittee, prior to commencement of excavation work hereunder, shall furnish the Township Clerk satisfactory evidence, in writing, that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $50,000 for any one person and $100,000 for any one accident and property damage insurance of not less than $5,000 duly issued by an insurance company authorized to do business in the State of New Jersey.
Any person, partnership, firm or corporation shall, as a condition of accepting the grant of any permit hereunder, agree to safeguard, hold and keep harmless and fully indemnify the Township and its officers, agents, servants and employees from and against any loss or damage demand, any expense arising, any suit or claim or damage or any injury alleged to be sustained as a result of any work done under such permit.
The Township Engineer shall verify the extent of the excavation or opening and shall inspect and generally supervise the work and shall in all cases be requested to inspect said site prior to the beginning 0 any backfilling of said trench or opening and shall further be requested to examine the site for proper performance at the completion thereof in order to facilitate the clearance and discharge of any bond or return of any certified check posted for the performance of said work, by resolution of the Township Committee.
[Amended 9-28-1987 by Ord. No. 87-9]
Every person, partnership, firm or corporation found guilty of violating any of the provisions of this article shall be liable to a fine of not more than $1,000 or imprisonment in the County jail for not more than 90 days, or both. Each succeeding day of violation shall be construed to be a new violation.