[Adopted 7-7-1980 as Sec. 13-1 of
Ch. XIII of the Revised General Ordinances; amended
in its entirety 5-8-2006 by Ord. No. 2006-06]
The following words used in this article shall
have the meanings ascribed to them in this section, except in those
instances where the content clearly indicates otherwise:
Any person who makes application for a permit.
A hollow space, trench or open channel in the ground, natural or artificial, where water collects or drains, at least 12 inches deep and with interior slopes greater than three horizontal to one vertical. The term “ditch” shall not include open channels with interior slopes of three horizontal to one vertical or less. See § 149-204K.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to the health or
safety of persons or significant property damage.
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
Public utility is as defined under Title 48 of the New Jersey
Statutes.
The New Jersey State Highway Department Standard Specifications
of Road and Bridge Construction 1961, and current addendum.
Square yards.
It shall be unlawful at any time for any person
to cut, break, tear up, disturb, damage, excavate or open any street
of the Township, or any portion thereof, for the purpose of installing,
replacing, maintaining and repairing underground facilities, or for
any other purpose, without first making a written application to the
Township Manager and receiving a permit for such work. Furthermore,
no excavating, drilling, or driving under a road or street may be
done without obtaining a permit pursuant to this article.
The Township Council, prior to or within 14
days of the issuance of a road opening permit for work within the
Township, may provide by resolution that no further road opening permits
shall be authorized or allowed to be issued for a specified period
of time subsequent to the completion of reconstruction or resurfacing
of the street or roadway, not exceeding five years, in order to preserve
and protect the interests of the Township in such street or roadway,
except for cases of emergency recognized by Council either in the
resolution establishing the moratorium or by subsequent resolution.
In the event such a moratorium on road opening permits is established
by the Council, it shall be the obligation of the permittee to provide
not less than 90 days’ written notice by certified and regular
mail of the intention to resurface the street or roadway and the pendancy
of the moratorium to all abutting property owners and all utilities
with facilities in, under, upon, or over said street. Township Council
may delay the final repaving of the street in question to permit other
owners and utilities an opportunity to complete planned and necessary
projects within the street or roadway prior to the imposition of the
moratorium. In the event that no regular meeting of the Township Council
is scheduled within 14 days of the issuance of a road opening permit,
the Manager may issue a moratorium subject to confirmation by Council
resolution at its next regularly scheduled meeting.
A.
The application for a permit to make an opening or
excavation in any street shall be made to the Township Manager, in
writing, dated and signed by the applicant. It shall state the road
or street proposed to be opened or excavated and shall indicate the
exact location by length, width and depth of the intended excavation.
It shall also specify the object or purpose of the proposed 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.
The application shall include an itemized engineer’s
or contractor’s estimate of the cost of restoring and resurfacing
the street and the completion of the work to Township standards as
set forth herein.
D.
In all cases, the applicant shall also submit evidence
of compliance with N.J.S.A. 48:2-73 et seq., providing for notice
of such excavations to gas companies.
[Amended 12-12-2016 by Ord. No. 2016-25; 12-12-2016 by Ord. No. 2016-29]
All openings shall be finally resurfaced as set forth in this
article. Applicants and permittees shall also comply with the following
requirements:
A.
The applicant shall keep the excavation barricaded day and night
and shall have lights placed thereon and there maintained throughout
the performance of the work and shall interfere as little as possible
with travel along the street and no greater part of any street shall
be opened at any one time than the Township Manager shall allow in
order to prevent such interference with travel.
B.
Backfill specifications. Unless otherwise directed by the Township
Engineer or his authorized representative, the following specifications
shall govern the backfill to be placed in excavated trenches:
(1)
All road, shoulder and driveway openings shall be backfilled with
controlled low-strength material per Subsection 903.09 of the NJDOT
Standard Specifications for Road and Bridge Construction, 2007, as
amended, or 15:1 sand cement dry mix.
(2)
All other openings shall be backfilled with the excavated material
and shall be compacted in eight-inch layers with a mechanical compactor.
(3)
Backfill shall be placed in trenches, as above specified, by the
person, firm, corporation, entity or their designee, responsible for
making the opening.
(4)
All material not suitable for backfill and all excess backfill material
shall be removed from the site by the entity responsible for the opening
at no cost to the Township.
C.
Roadway restoration.
(1)
The backfill shall be brought up to an elevation seven inches below
the elevation of the existing adjacent surface of the pavement, and
said backfill shall be placed in accordance with the specifications
contained in this section.
(2)
The backfilled area shall be provided with a temporary pavement which
shall consist of a seven-inch-thick layer of compacted bituminous
stabilized base. This temporary pavement shall be maintained by the
permittee in first-class condition, as determined by the Township
Engineer, for a period of 30 days or for some amount of time as determined
by the Township Engineer.
(3)
After such period, the permittee shall permanently restore paving
in accordance with the following schedules:
(a)
All trenches, unless otherwise specified, shall be milled two
inches deep, the edges saw cut, tack coated, and paved with Hot Mix
Asphalt Surface Coarse Stone Mix I-5 or equivalent machine placed
and rolled as per NJDOT Standard Specifications for Roads and Bridges
Construction, 2007, as amended.
(b)
All irregular shaped trenches will be made square. Then the
milling and saw cutting will be two feet beyond the edges of the squared
trench.
(c)
Should the trench be an area between the curb and centerline
of the road, the trench will be milled and saw cut from the curb line
and two feet beyond the edges of the trench to the centerline of the
road.
(d)
Should the trench cross the centerline of the road, the trench
will be milled and saw cut two feet beyond the edges of the trench
and from curb to curb.
It shall be unlawful for any person to 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 gutter or gutters of any street.
A.
Before the issuance of any permits, the applicant shall deposit with
the Township Clerk a basic permit fee in the amount of $25 to cover
the cost of administrative processing of the application and shall
deposit with the Township Clerk a resurfacing permit fee for each
square foot required to be resurfaced pursuant to the herein permitting
requirements of this chapter and that fee shall be:
[Amended 12-12-2016 by Ord. No. 2016-29]
B.
Before commencement of any road opening work where
the estimated cost of resurfacing exceeds $1,000, the permittee or
applicant shall post or cause to be posted with the Township a performance
guarantee by way of cash, letter of credit, or surety bond, in a form
acceptable to the Township Attorney, to secure the proper resurfacing
of the opening in accordance with applicable standards. The amount
of the performance guarantee shall be 120% of the estimated cost,
as determined by the Manager in consultation with the Township Engineer,
of resurfacing the road opening in accordance with Township standards
set pursuant to this article. When review by the Township Attorney
is required, the permittee shall pay the cost of the review in accordance
with the fee schedule for attorney services annually approved by the
Township Council.
C.
When the estimated cost of resurfacing is $1,000 or
less, the permittee shall deposit by cash, check, or cash equivalent
in escrow with the Township 120% of the estimated cost to secure the
proper resurfacing of the opening in accordance with applicable standards.
D.
All performance guarantees under Subsections C and D above shall be conditioned upon the proper restoration of the opening per Township standards, remedying any damage or defects that may appear in such restoration or surrounding area by reason of such street opening, and compliance with all of the requirements of this article. Such guarantee shall not be considered filed until approved by the Township Council. The performance guarantee shall be held for not less than four months subsequent to the completion of the work to assure the proper performance of restoration activities. This period of time may be extended in the event postcompletion repairs or remediation are required. Any reductions in or releases of such guarantees shall, also, be by action of the Township Council.
[Amended 12-12-2016 by Ord. No. 2016-29]
All applicants and permittees for road openings
shall pay a minimum inspection fee of $100 at the time of permit application.
The Township Engineer or Township Public Works Director shall be notified
not less than 24 hours prior to the opening being ready for backfill.
The Township Engineer or Public Works Director, or their designated
representative, shall have the right to inspect continuously the backfill
and surface restoration procedure. The actual charge for the inspection
shall be the cost to the Township for the services of the Township
Engineer's office in accordance with the fee schedule annually approved
by the Township Council.
A.
The permit issued shall designate the number of square
feet to be excavated, the location of same and 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 an 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 until
a temporary patch is installed.
A.
Paved roadway surfaces shall be cut vertically with
a sharp tool, along straight lines, before excavating. Material excavated
from the trench opening shall not be replaced as backfill unless specifically
permitted by the Township Engineer or Public Works Director. Procedures
for backfilling and resurfacing shall be in compliance with the standard
specifications, as defined above, unless specifications as prepared
by the Township Engineer and approved by resolution of Township Council
have been adopted. With regard to temporary patches, such patches
shall be applied as soon as practical but no later than at the end
of the workday.
B.
The temporary paved surface shall be maintained at
a permanent level for a period of 30 days, after which time the temporary
patch shall be replaced with permanent resurfacing.
A.
No ditch shall be dug within 10 feet of any street without first obtaining the approval of the Township Engineer. Such 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 and complies with Township site improvement standards found in Chapter 149.
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 Township Engineer. 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.
Any person making any opening or excavation
in any street in the Township 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, 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 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.
All existing pavements, road surfaces, sidewalks,
curbs, gutters, pipes, manholes, drains, conduits or other installations
or fixtures, and property liable 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.
In the event that the permittee shall fail to
properly compact backfill or restore with a temporary patch in accordance
with the terms of this article and within the time set forth in the
application, the Township may use such portion of the deposit as may
be necessary to properly complete this work.
A.
Municipal utilities or authorities. When the applicant
is a municipal utilities authority, municipal sewerage authority or
municipal water company, the Township Manager may waive any or all
of the provisions of this article.
B.
Waiver of deposit.
(1)
Municipal utilities or authorities. When the applicant is a municipal utility, the Township Manager may waive the deposit requirements for the completion of permanent resurfacing if the municipal utility has in the past demonstrated to the satisfaction of the Manager its competence and reliability in restoring the surface in accordance with the resurfacing procedures as set forth in § 241-8.
(2)
Other applicants.
(a)
Deposit requirements may be waived as to other applicants when jointly approved by the Township Engineer, the Public Works Director and the Township Manager. In determining whether or not such a waiver shall be granted, the Township Engineer, the Public Works Director and the Township Manager shall consider the applicant's previous experience with road openings in the Township and the applicant's completion of permanent resurfacing in accordance with § 241-8 and, in the case of an applicant who is proceeding with an approved land subdivision, whether or not the applicant's performance bonds, as posted, give sufficient protection to the Township to ensure the final proper permanent resurfacing of the roadways in question.
(b)
Other applicants requesting a waiver from the Township Engineer, the Public Works Director and the Township Manager shall be required to demonstrate to the satisfaction of the Township Engineer, the Public Works Director and the Township Manager that the posting of the required deposit would constitute an undue and unnecessary burden and hardship to the applicant and, further, that the applicant has demonstrated, either in the Township or elsewhere, its competency to restore the permanent road surface in the manner required by § 241-8 and will be responsible in the event of a failure of any road resurfacing.
(3)
Revocation of waiver; hearing; posting of deposit.
(a)
In the event that any applicant who has received
a waiver shall fail during the course of work in any respect to comply
with the provisions of this article, then, and in that event, the
Township Engineer, the Public Works Director and the Township Manager,
or any one of them, may, on one day's notice, revoke the waiver and
stop all further proceedings of the work. The applicant, upon request
to the Township Manager, shall be afforded a prompt hearing before
the Township Engineer, the Public Works Director and the Township
Manager concerning the alleged failure to proceed in accordance with
this article.
(b)
A hearing shall be held only if requested by
the applicant; otherwise, the applicant shall not proceed until such
time as he or she has posted the necessary deposit requirements, in
accordance with this article. In the event that after a hearing the
Township Engineer, the Public Works Director and the Township Manager
determine that the failure of the applicant to comply with the terms
and provisions of this article are such that he or she should not
be permitted to continue, the applicant then shall be given three
days to post the required deposit.
(4)
Report to Township Council of waivers granted
and revoked.
(a)
In the event that any applicant other than a
public utility shall be granted a waiver from the deposit requirements
of this article, the Township Manager shall prepare and file with
the Township Council a report setting forth such waiver and the reasons
therefor.
(b)
In the event that any waiver is subsequently
revoked, a report to that effect shall also be filed with the Township
Council setting forth the reasons for such revocation.
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 that such opening
shall be confined in size to the area necessary to take care of the
emergency. A street opening permit for such 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.
Failure by the applicant and/or permittee to pay any sums required under this article, to post necessary performance guarantees (whether or not after waiver), or properly backfill and restore surfaces shall be good cause for the Township to refuse to issue additional or future permits to the applicant or permittee. If Township Council has established a moratorium pursuant to the provisions of § 241-1.2, no permits shall be issued during the moratorium except in cases of emergency or unless approved by action of Township Council.
