[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 192, Art. I, of the 1993 Code]
No person shall dig up and excavate or make any opening in any street, road, avenue or highway owned or under the jurisdiction of the Township of Manalapan or any portion thereon within the territorial limits of the Township for any purpose whatsoever without having obtained a permit from the Township, and all permits shall be issued by the Code Enforcement Officer or, in his absence, the Township Engineer.
No person shall dig up and excavate or make any opening in any street, road, avenue or highway owned or under the jurisdiction or to be ultimately dedicated and accepted for ownership and jurisdiction by the Township of Manalapan within five years of completion of any reconstruction, bituminous concrete surface overlay or other construction to improve the surface for the motoring public, unless the work is of an emergent nature which immediately threatens public safety or health.
Work of an emergent nature which immediately threatens public safety or health shall be subject to the verbal approval of the Mayor, Township Committeeman in charge of roads, Public Works Director, or Township Engineer prior to starting the work. Full permit application compliance in accordance with Subsection A will be required the next Township business day.
Information required. Every applicant for a permit for the purposes stated above shall make application on the form provided by the Township. The application shall be in quadruplicate and shall contain the following information.
Date of commencement and completion.
Expected hours of work for the project.
Street to be opened and nearest intersecting street(s).
Dimension of road, right-of-way, pavement, physical features as related to proposed road opening.
Existing underground utilities within road opening area.
Proposed means of traffic and pedestrian safety, control and detour plan (when applicable).
Purpose of road opening.
Name, address and phone number and emergency phone number of applicant and contractor.
And such additional information as the Township Committee may by resolution require from time to time.
The application shall further provide that the applicant agrees to open no greater part of the road, street or highway at any time than shall be approved by the Code Enforcement Officer or other person in charge for the Township. The Code Enforcement Officer shall refer the permit application to the Township Engineer and any other Township officials of interest in the application, including but not limited to Police Department and Public Works Department, for review and comment prior to the issuance of the permit. Copies of the approved permit shall be issued to the Police Department, Public Works Department and Township Engineer. The original shall be retained by the Code Enforcement Officer. Permits shall be for a three-month period, and expired permits may be renewed upon written request.
Fees and deposits.
No work shall be commenced until all fees and deposits are posted as follows:
Nonrefundable application fee: $150.
[Amended 5-11-2005 by Ord. No. 2005-15]
Nonrefundable inspection fee: $200.
Opening four feet by four feet: minimum plus $1 per square foot over four-foot-by-four-foot opening.
Refundable roadway restoration deposit: $500.
Opening four feet by four feet: minimum plus $3 per square foot over four-foot-by-four-foot opening.
The acceptance of the work and the approval thereof by the Township Engineer or Public Works Director shall be indicated by his written approval and acceptance. In the event that the work shall not be satisfactorily completed in accordance with the provision of this article and is therefore not accepted by the Township Engineer or other person in charge for the Township Committee, the Township may do the necessary work, at its option, and the costs thereof, as well as any and all other associated administrative, engineering, legal and other costs, shall be deducted from and out of the deposit money posted by the permittee. Within two weeks of the completion of the work by the Township, the final charge made will be billed to the permittee, and the original deposit, to the extent that it will pay the same, will be credited against the total cost. In the event that the deposit exceeds the amount of total cost, the surplus will be returned to the permittee upon approval and acceptance of the work by the Township Engineer or Public Works Director. The cost to the Township for doing the work will be on the basis of and according to a computation to be made by the Township Engineer, which shall include the actual cost of all material and labor incurred by the Township in connection therewith. The Township Engineer or Public Works Director may delay any approval and acceptance for a reasonable period of time, not to exceed one year, to allow the backfill of any opening to settle and determine that the pavement restoration is sound and proper. The Township Engineer shall determine within a reasonable time when final acceptance and approval shall be given of the fill and other work, as required pursuant to this article.
If the work is satisfactorily performed and certified by the Township Engineer or Public Works Director, the deposit to be returned shall be returned within 45 days of acceptance.
Yearly deposit. Whenever any public utility or authority shall anticipate more than one street opening or excavation per calendar year, such authority may post either in cash or by letter of credit one deposit in an amount and form as provided above for the calendar year or part thereof to cover the costs of any and all work. Public utilities authorities with assets in excess of $100,000 may post a corporate bond in cash or letter of credit, as determined by the governing body to cover the anticipated work for the year, but said guarantee in its face value shall be subject to review and renewal on an annual basis, but in no event shall be less than $50,000.
Blanket bond. A licensed contractor who anticipates performing work for residents which will require the posting of more than one but less than 10 refundable roadway restoration deposits, pursuant to Subsection B herein, may post a blanket bond in the amount of $5,000 on behalf of the residents. The bond shall be in a form acceptable to the Township Attorney and shall not be canceled until all road restoration work guaranteed by said bond has been inspected and improved by the Township.
[Added 7-11-2012 by Ord. No. 2012-12]
Compliance with regulations; revocation of permit. Every permittee under any permit issued hereunder shall fully comply with the following rules, regulations and conditions, and in addition to any other remedies available to the Township, the Township shall have the right, at any time when the interest of the public requires it, upon failure of the permittee to comply with any of the rules, regulations and conditions, to suspend or revoke any permit issued to the permittee who has violated or is violating any of the rules, regulations or conditions. Revocation may be by a written notice to that effect, served upon the foreman or other person in charge of the work of the applicant or any other person and at any other address furnished in the application. A hearing on any revocation or suspension before the Township Committee may be held upon the request by the permittee for a hearing in writing being made by the permittee to the Township Clerk. Said hearing shall be held within 30 days of the permittee's request. Failure to hold such a hearing or provide relief to the permittee shall be deemed a denial of the appeal.
Protection for traveling public.
The permittee shall keep the opening properly guarded with barricades, barriers, fencing, signage, flagmen, warning lights and other devices as required to protect the pedestrian and motoring public in all day, night and inclement weather conditions. In doing the work, there shall be as little interference as possible with travel along the road, and no greater part of the road shall be opened any time than shall be allowed by the Township Engineer or other Township person in charge. Transverse openings, involving the full width of the highway, shall be made so that only 1/2 of the highway will be obstructed at any one time. The work shall be scheduled and executed so as to present a minimum of inconvenience to the traveling public. Where feasible, pipes, mains and conduits shall be bored under all pavements. Tunnels may be driven if and where directed.
Any and all signs, markers, barriers, lights or other warning devices placed upon a roadway during the course of construction must be of a type as approved by the current United States Department of Transportation "Manual of Uniform Traffic Control Devices" prior to their placement.
The permittee shall provide a complete and detailed roadway detour plan at all times when the road is not to be continuously open to the motoring public under the permit work requested. The plan shall include details as to the placement of all caution, warning and detour signs, barriers, barricades, lights, uniformed traffic control officers, detour routes and any other information as may be required by the Township. Said plans shall be approved by the Township Engineer and Police Department prior to implementation.
The Code Enforcement Officer, Township Engineer Public Works Director and any other responsible Township official shall be notified 48 hours before a street is opened. The permittee also shall provide notification of an approved road closing and detour plan at least seven days in advance of the road closure to the Township Police Department, Public Works Department, Clerk, Englishtown-Manalapan First Aid Squad, Gordons Corner and Millhurst Fire Companies, Englishtown-Manalapan School District, Freehold Regional High School District and any other party directed by the Township.
Protection from suits. The permittee shall save harmless the Township of Manalapan, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his or its agents or servants in connection with the performance of the work covered by the permit.
Time limit. In case the work has not been completed before the day of expiration as shown on the permit, and the permittee has not requested an extension of time, the Township Engineer or other person in charge 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 the date is needed for the completion of the work, a new application must be filed, if required by the permittee or other person in charge.
Removal of the existing pavement. Existing pavement shall be marked with a neat straight line to indicate the portion of the street to be opened. Pavement cutting shall be accomplished by such means as will produce a straight vertical cut with no uneven edges and without damaging adjoining pavement. The existing pavement shall be further removed to a total width of 12 inches wider than the trench width, six inches on each side of the trench excavation upon complete backfilling of the roadway excavation to the satisfaction of the Township. Removal of pavement by a rotating cutting blade/trencher (i.e., Ditch Witch) shall not be permitted unless the trencher provides a pavement opening wide enough to properly backfill and compact the trench and restore the pavement mechanically.
Excavation. The work shall be so conducted as not to interfere with any existing water main, sewer, gas, electric power, cable television, or telephone or their connections with houses nor to damage any existing trees or roots thereof, without permission of the proper authorities. It shall be the permittee's responsibility to arrange for the notification, location and markout of all utilities prior to commencement of any excavation. Noncompliance will result in a stop order from the Township Engineer, Public Works Director, Code Enforcement Officer or Construction Official. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting.
Backfilling and temporary paving.
The permittee shall completely backfill and compact the excavation and the trench with sand, gravel, NJDOT quarry process stone or other proper materials, acceptably compacted in six-inch lifts mechanically as required, and shall remove excess material from the premises. All backfilling and compaction shall be done in accordance with current New Jersey Department of Transportation standard specifications.
Longitudinal ditches shall be compacted by rolling with suitably heavy mechanical, self-powered rollers or mechanical vibratory rollers or compactors. Dual-tired trucks, rubber-tired loaders or tracked equipment shall not be used for that purpose. If for any reason immediate replacement of permanent pavement is not feasible, the excavation shall be backfilled and consolidated as specified above, after which not less than six inches of bituminous stabilized base (Mix I-2) shall be affixed in accordance with current New Jersey Department of Transportation standard specifications.
Restoration of bituminous-macadam pavement. After the backfilling of the trench has been completed as above specified, replacement of the bituminous-macadam pavement will be made by the permittee. Bituminous-macadam pavement replacement shall consist of a minimum of six inches of bituminous stabilized base course (Mix I-2) in accordance with current New Jersey Department of Transportation standard specifications and surfaced with a minimum thickness of two inches of FABC (Mix I-5) surface course in accordance with current New Jersey Department of Transportation standard specifications, to a total width of 12 inches wider than the trench width, six inches on each side of the trench excavation. Prior to the placement of the bituminous concrete pavement, all vertical edges of existing pavement adjacent to the road opening shall be prepared and tack-coated in accordance with current New Jersey Department of Transportation standard specifications.
The Mayor and Township Committee reserve the right to remove and replace any defective patch work made by the permittee and charge the cost of labor and materials for such removal and replacement to the permittee, in accordance with the charges provided for under § 204-2B.
In no event shall any opening or excavation be made in any public street, road or highway within the Township of Manalapan which shall be of a greater size or length than can be filled in and completed by the available material and equipment located at the site for the doing of said work at the end of each day.
If any opening herein authorized and of the type herein authorized is not completely enclosed at night or is partially completed and not finished, then during the hours of dark that such excavation continues in existence in such manner, there shall be, in addition to any other precautions required for the safety of the public during the daytime, sufficient barriers which shall be lighted with sufficient lighting so as to enable the public using said public street, road or highway to be warned of the presence of same therein, which lights so used shall be provided, installed and maintained in accordance with the current United States Department of Transportation "Manual of Uniform Traffic Control Devices." This requirement shall be considered to be a minimum requirement in connection with any such excavation left unattended or exposed at night and shall not relieve any person from otherwise providing other adequate barriers and lights and trench plates as may be reasonably required to safeguard the public.
All work performed by the applicant in connection with the making of openings in the public streets, roads and highways within the Township and the completion thereof, under any permits issued hereunder, shall be done only under the immediate supervision of the Public Works Director, Township Engineer or his representatives, and the applicant shall be responsible for obtaining the presence of the Public Works Director or Township Engineer or his representatives for such supervision at the site before the work may proceed. All expenses and fees incurred in connection with such supervision shall be charged to and paid for by the applicant, and a certified check or cash payment to cover said expenses and fees shall be paid by the applicant to the Public Works Director or Code Enforcement Officer or his representative before the permit shall be issued.
No permits shall be issued nor shall any work be performed between November 30 and March 30 of any year, with the exception that wherein an emergency has arisen which may pose an immediate threat to public safety or health, a permit may be obtained by application, made and approved by the Township Engineer, Public Works Director, Mayor or Township Committeeman in charge of roads.
[Added 2-28-1996 by Ord. No. 96-02]
Any person, firm, corporation, utility or entity found to be in violation of this chapter or any condition imposed in accordance with this chapter or any permit granted pursuant thereto or any specification adopted by the Township of Manalapan be subject to a fine not exceeding the sum of $1,000 or imprisonment for a period not exceeding 90 days or both at the discretion of the Judge of the Municipal Court of the Township of Manalapan. In addition, the Court may order restitution and/or replacement of any street, sidewalk or pavement improperly removed and/or replaced.