[Adopted 12-17-1973 by Ord. No. 1973-19 as part of Ch. XI of the 1973 Code]
[Amended 11-6-2025 by Ord. No. 2025-08]
It shall be unlawful for any person to make any excavation in, tear up, disturb, damage, open or in any way impair the surface of any improved Township road or street for any purpose without first obtaining a written permit from the Construction Official.
[Amended 11-6-2025 by Ord. No. 2025-08]
Applications for permits shall be made to either the either the Public Works General Foreman and/or the Township Engineer, in writing, signed by the applicant, and shall contain the following information:
A. 
The name and address of the applicant.
B. 
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Township Tax Map block and lot number of the property for the benefit of which the opening is to be made.
D. 
The nature of the surface in which the opening is to be made.
E. 
The character and purpose of the work proposed.
F. 
The time when the work is to be commenced and completed.
G. 
A set of plans in quadruplicate, showing the exact location and dimensions of all openings.
H. 
The name and address of the workman or contractor who is to perform the work.
[Amended 4-16-1984 by Ord. No. 1984-2; 12-5-2019 by Ord. No. 2019-17]
Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 41, of the Code of the Township of Lumberton.
[Amended 4-16-1984 by Ord. No. 1984-2; 11-6-2025 by Ord. No. 2025-08]
A. 
The property owner for whom the street opening is being performed and/or the contractor performing the street opening shall be jointly and severally liable for payment of the above fees and deposits, and both shall be responsible for satisfactory backfilling and street surface restoration. It shall be the responsibility of either the Public Works General Foreman and/or the Township Engineer to estimate the total number of square yards which may be excavated and determine the deposit therefor. Upon completion of the backfilling and surface restoration procedure and a satisfactory inspection thereof by the Public Works General Foreman, the Township Engineer is authorized to release the balance of the performance guaranty held under § 250-3B above. Should the property owner and/or contractor not backfill and resurface the street in a manner deemed satisfactory to the Public Works General Foreman, the Township may make the necessary repairs to restore the roadway to its original condition and deduct the cost thereof from the performance guaranty funds on deposit and return the balance remaining, if any, to the property owner and/or contractor.
B. 
The maintenance guaranty of $100 under § 250-3C shall be held by the Township in escrow for a one-year period from the date of the backfilling and resurfacing of the street, as a guaranty that any subsequent settling or other surfacing restoration problems will be corrected by the property owner and/or contractor. Should the backfilling and surfacing procedure be determined at any time during the one-year period to be unsatisfactory by the Public Works General Foreman, the Township shall make the necessary repairs in order to restore the roadway to its original condition and shall cause the cost of such repairs to be charged against the property owner's and/or contractor's maintenance deposit. Upon expiration of the one-year period and inspection by the Public Works General Foreman and if said backfilling and surfacing restoration procedure is found to be satisfactory, the Township Engineer is authorized to release the maintenance deposit under § 250-3C above to the property owner and/or contractor.
[Amended 4-16-1984 by Ord. No. 1984-2; 11-6-2025 by Ord. No. 2025-08]
If any guaranties on deposit are insufficient to pay for the costs of proper backfilling and resurfacing of the street, the property owner and/or contractor shall be liable for and shall make additional payments to the Township as determined to be necessary by the Township Engineer on the recommendation of the Public Works General Foreman.
[Amended 4-16-1984 by Ord. No. 1984-2]
When it is deemed unnecessary by the Township Engineer to excavate by breaking the surface of the road or street and the result can be obtained by driving pipe under the street, the nonrefundable application fee required above shall be paid. The property owner and/or contractor shall be liable for any damage to the street surface resulting from this procedure.
[Amended 3-18-2008 by Ord. No. 2008-3; 11-6-2025 by Ord. No. 2025-08]
A. 
Bond required.
(1) 
In lieu of making the payment of fees required by § 250-3, any public utility, as defined in N.J.S.A. 48:2-13, or any amendments or supplements thereto, may file with the Township Committee a bond to the Township of Lumberton in the sum of $1,000, conditioned upon the utility restoring to its original condition any street within the Township opened or excavated by the utility and otherwise complying with all provisions of this article and further conditioned for the payment to the Township of any moneys which the Township is obliged to expend in order to restore such street to its original condition. The bond shall not be considered to be filed unless and until approved by resolution of the Township Committee.
(2) 
In the event that, after a proper filing of the bond by the utility as aforesaid, the utility shall fail to abide strictly by the provisions of this article, the Township Committee may, by resolution, revoke the privileges granted under its bond, return the bond to the utility and require the payments specified in § 250-3 for all future road and street openings made by the utility. Nothing contained in this section shall be construed to relieve the utility of its obligation to obtain the permit provided for by this Article.
B. 
Permit fee. In the case of applications for permits filed in accordance with Subsection A above, a permit fee of $100 shall be paid to the Public Works General Foreman at the time each application is filed.
C. 
Additional bond required. In the event that the estimated cost of restoring all or any openings for which permit application is made shall, either alone or when combined with the cost of openings not restored to their original condition and accepted, exceed $1,000, the utilities shall post additional bond to cover such excess openings.
[Amended 11-6-2025 by Ord. No. 2025-08]
A. 
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended, in writing, by the Public Works General Foreman.
C. 
Revocation of permit. The Township Committee may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this Article or any other applicable rules, regulations, law or ordinance.
(2) 
Violation of any condition of the permit issued.
(3) 
Carrying on work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by provision of this Code to constitute a nuisance.
D. 
Modification of permit conditions. In a special case, the Township Committee may by resolution impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this Article shall not apply or shall be altered.
[Amended 4-16-1984 by Ord. No. 1984-2; 11-6-2025 by Ord. No. 2025-08]
All applicants for a street opening permit shall notify the Township's Public Works General Foreman 24 hours before a street opening is ready for backfilling, and the Township's Public Works General Foreman or his designated representative shall have the right and it shall be his duty to inspect said street opening and be present to inspect the backfilling and street surface restoration procedure. No backfilling material, base material or surface material shall be placed in the opening until 24 hours after said notice has been given.
[Amended 11-6-2025 by Ord. No. 2025-08]
A. 
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
B. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chief of Police. The Police Department shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature when notice shall be given to the Police Department when work commences.
C. 
No excavation or driving under the street shall be allowed to be done where street asphalt, bituminous concrete, bituminous macadam, brick or concrete surface exists except in the presence of the Township Engineer or his authorized agent.
D. 
No greater part of any street shall be opened than shall be allowed by the Township Engineer.
E. 
No person shall place any stone, earth, ashes, boards, tile or other pipe or any other material in or upon any street so as to interfere with the flow of water along the gutters of the street.
F. 
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
[Amended 4-16-1984 by Ord. No. 1984-2; 11-6-2025 by Ord. No. 2025-08]
The backfilling of trenches shall be performed by the owner and/or contractor making the opening in the following manner and under the supervision of the Township Engineer or Public Works General Foreman. All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in a manner prescribed by the Township Engineer and Public Works General Foreman. The trench shall be backfilled to six inches below the road surface with cinder, coal or other materials approved by the Township Engineer or Public Works General Foreman, which shall be placed in layers not exceeding six inches in depth and thoroughly compacted to a depth of six inches below the level of the street. Cold patch shall complete the backfilling to raise the surface to street level. After 30 days, the permittee shall remove the cold patch and backfill material to a depth of eight inches, fill with six inches of concrete and, after curing of said concrete, apply two inches of FABC to bring the roadway surface to its original grade.
[Amended 8-3-1992 by Ord. No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this article, state law shall apply.