The purpose of this article is to establish
regulations and fees for the opening of municipal streets within the
Township of Pemberton, County of Burlington and State of New Jersey.
The following terms shall, for the purposes
of this article, have the meanings here indicated:
ROAD EXCAVATION
An opening, tearing up or excavating, tunneling, boring,
undermining or in any manner breaking up of any road for any purpose
within the Township of Pemberton. This shall specifically include
the removal and disposal of bituminous and concrete pavements required
to expose the subgrade.
OWNER
Any person, corporation, private or public utility or other
entity on whose behalf a street opening is performed by a permittee.
PERMITTEE
Any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
New Jersey Bell Telephone Company, Bell Atlantic or any other
telecommunications corporations, Public Service Electric and Gas Company,
GPU Energy, Jersey Central Power & Light Company, a licensed cable
television company, a governmental utility authority or any other
entity having either the power of eminent domain and/or subject to
the regulations by the Board of Public Utilities of the State of New
Jersey.
STREET
Any street, road or other public way dedicated to and accepted
by the Township of Pemberton and shall include all of the area thereof
lying within the bounds of the dedicated right-of-way.
Prior to the issuance of a permit, copies of
the application shall be forwarded to the Township Engineer who shall,
within five working days, either authorize the Clerk to issue the
permit or note any objections to the issuance of a permit or any conditions
which shall be satisfied prior to or be imposed as conditions upon
the issuance of the permit, as appropriate.
All applications shall be filed by or on behalf
of the owner for whom such work is being done and shall be countersigned
by such owner.
Except where otherwise provided by law, the
owner shall agree, as a condition of the issuance of a permit, that
any facilities, pipes or poles or other object(s) to be installed
within the Township's right-of-way pursuant to the permit shall be
promptly relocated at the owner's expense, except where otherwise
provided by law, as required by the Township of Pemberton to accommodate
the installation of Township facilities. Such agreement shall be in
writing contained on the face of the application form and permit.
[Amended 6-23-2005 by Ord. No. 10-2005]
Street opening permits shall be issued by the
Township Clerk once reviewed and approved as provided for herein;
provided, however, that no permit shall be issued until an application
fee, performance surety and an engineering fee have been paid to the
Township Clerk.
The Township Engineer shall periodically inspect
all road excavations and the repair and resurfacing thereof for the
purpose of determining compliance with the conditions imposed on the
issuance of the permit and the specifications set forth herein. The
Township may, upon the recommendation of the Township Engineer:
A. Order a temporary stop to any road opening.
B. Order that the permittee perform or correct work in
accordance with the directions of the Township.
C. Order a stop to any work and revoke the permit, in
which event the Township of Pemberton shall complete the work, or
cause it to be completed, and either declare the permittee's deposit
forfeited or notify the permittee's surety of an intent to file claim
on the bond.
D. Authorize the correction of any work after notification
to the permittee and after the neglect or the refusal of the permittee
to make such corrections within 24 hours and, after the completion
of same, either declare the permittee's deposit forfeited or notify
the permittee's surety of an intent to file a claim on the bond.
E. Take any other action deemed reasonable under the
circumstance to protect the Township's interests.
No road excavation opening shall be permanently
paved until a final inspection has been made by the Township Engineer
and final approval given.
A. For all excavation openings:
(1) The paved roadway surfaces shall be saw-cut or blade-cut
vertically on a straight line with approved pneumatic equipment before
excavating.
(2) The material excavated from the trench opening shall
not be replaced as backfill unless expressly authorized by the Township
Engineer. Excavated materials must be removed from the work site the
day of excavation and disposed of in a legal and acceptable manner.
(3) The backfill shall consist of material approved by
the Township Engineer. The backfill of stone or bank run gravel shall
be furnished from outside sources.
[Amended 10-6-2005 by Ord. No. 13-2005]
(4) The uncompleted length of road opening allowed under
a permit at any one time shall not exceed 50 linear feet unless a
special need can be established by the permittee and approval to exceed
this limitation is secured from the Township Engineer. Such special
need shall be noted in writing to the Township Engineer before such
permission is granted, except in unusual cases and/or emergencies.
In that event, such special need shall be documented in writing after
approval is granted.
(5) Where existing manholes are located in the shoulder
areas, a minimum of two inches of bituminous concrete Mix No. 1-5
shall be placed for eight feet on both sides of the manhole casing
on four inches of quarry-processed stone. The width of the bituminous
concrete Mix No. 1-5 shall vary to the dimensions of the existing
shoulder.
(6) All backfill shall be placed in six-inch layers, with
each layer thoroughly compacted by mechanical means to tile satisfaction
of the Township Engineer. The Township Engineer shall have the right
to require a compaction test to be performed by an independent laboratory
at the expense of the permittee.
(7) After proper compaction and cutback of the road, the
entire width of the trench plus a four-inch overlap shall be paved
with the temporary pavement.
B. Asphalt pavement openings.
(1) For openings in bituminous treated surface roads,
backfill material shall be deposited in six-inch layers and thoroughly
compacted to a level 10 inches below the surface level of adjacent
paved areas. The opening shall be cut back six inches beyond the edges,
of the trench opening. The subbase course shall be quarry processed
stone of eight inches compacted thickness. The surface course shall
be two inches of compacted depth of bituminous concrete No. Mix 1-5
with all joints between the existing pavement and the bituminous concrete
surface course to be sealed with a tack coat.
(2) For openings in asphalt-surfaced pavements or penetration
macadam pavements, backfill material shall be deposited in one-foot
layers and thoroughly compacted to a level 12 inches below the surface
level of the adjacent paved surfaces. The openings shall be cut back
six inches beyond the edges of the trench opening. The subbase course
shall be quarry-processed stone of six inches compacted thickness.
The base course shall be bituminous concrete Mix No. 1-2 (stabilized
base) four inches thick. The surface course shall be two inches compacted
depth of bituminous concrete Mix No. 1-5 with all joints between the
existing pavement and the bituminous concrete surface course to be
sealed with a tack coat.
(3) When road openings are in sequence or are within three
feet of another opening, the surface area of the combined openings
will be paved to form one surface. The surface course shall be two
inches compacted depth of bituminous concrete Mix No. 1-5 with all
joints between the existing pavement and the bituminous concrete surface
course sealed with a tack coat.
(4) Temporary pavement shall consist of six-inch thick
quarry-processed stone subbase and four-inch thick bituminous concrete
stabilized base, Mix No. 1-2 and two inches of cold patch material
and shall be maintained at this level by the permittee for a minimum
period of 30 days or until final settlement has occurred. After final
settlement has occurred, the cold patch material shall be removed
and replaced with two-inches thick bituminous concrete Mix No. 1-5
leveled with the existing pavement and sealed with a tack coat.
C. Concrete pavement surface openings. For all excavations
in concrete surfaces, the trench backfill shall be compacted in one-foot
layers to a level four inches below the top of the adjacent paved
surface. The excavation shall be cut back six inches beyond the edges
of the trench opening. A four-inch compacted depth of bituminous concrete
Mix No. 1-2 temporary pavement shall then be placed, compacted level
with the existing pavement, and shall be maintained by the permittee
to a pavement level by adding bituminous material until final settlement
has occurred. After final settlement has occurred, the temporary bituminous
concrete pavement shall be removed and the opening excavated to a
depth of 10 inches, and a pavement of Class B concrete 10 inches in
depth shall be constructed level with the existing pavement surface.
A layer of heavy six-by-six No. 6 gauge wire mesh reinforcing shall
be placed in the opening and extended fully into the cutback shelf
at a point for eight inches below the finished elevation. When temperature
is a factor in the proper curing of concrete materials, no concrete
shall be placed until such time as the contractor has, on site, the
proper insulating covers to protect the newly poured concrete.
D. Nonpaved area. All grass or graveled area or sidewalk
areas disturbed within the Township right-of-way shall be reconstructed,
top soiled, seeded, sodded and mulched within 14 days of completion
of excavation. All concrete areas will be thoroughly compacted. These
limits may be waived by the Township Engineer only when abnormal temperatures
or inclement weather necessitates the same.
[Amended 6-23-2005 by Ord. No. 10-2005]
E. All work shall be guaranteed for a period of 12 months.
[Amended 12-5-2002 by Ord. No. 26-2002; 6-23-2005 by Ord. No. 10-2005]
Fees shall be as follows:
A. Application fee (nonrefundable): $75.
(1) The Township Treasurer shall pay any application fees
deposited into the road opening escrow account from escrow account
to current fund.
B. Performance surety deposit for guaranteeing restoration,
pavement, curbing or topsoil:
(1) Annual corporate bond for one opening to 10 openings
will be $20,000. If the contractor exceeds 10 road openings, an additional
bond is to be filed with the Township.
(2) An individual bond or certified check deposit for
one opening shall be in the amount of $2,000, which shall cover an
excavation of no larger than 50 square feet in area (four feet wide
by 12 1/2 feet long). An additional bond amount for all street
openings in excess of 50 square feet is to be computed as follows:
(a)
Paved area: $5 per square foot.
(b)
Concrete curb: $20 per lineal foot.
(c)
Sidewalk or driveway: $10 per square foot.
(d)
Gravel streets: $3 per square foot.
D. Escrow deposit fee for engineering and legal costs.
[Added 4-4-2007 by Ord. No. 6-2007]
(1) All road excavations, boring and other work as stated
on the permit application:
(a)
Minimum escrow deposit, including the first
five square yards on any trench, driveway or sidewalk opened, torn
up or excavated and including the first 20 linear feet of any curb
or gutter torn up or excavated: $200.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection
D(1)(a), a plan shall be submitted to the Township Engineer, who shall estimate the total escrow deposit fee required based thereon. Said escrow deposit shall be deposited with the Township before the start of any work. If at any time during the course of the work it appears evident to the Township Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Township Engineer. The permit holder shall pay the Township said additional escrow deposit within two business days.
(2) Payments from the escrow deposit fee for professional
services shall be based upon the Township’s contracted hourly
rates for the professional involved.
Upon the completion of any such work, the Township
Engineer shall file a report on a form to be furnished for that purpose,
which report shall contain the date of completion, the amount of deposit,
the cost to the Township for resurfacing the area so excavated or
opened, if the same shall have been necessary, and the balance, if
any, due to the applicant. Upon receipt of the report by the Township
Clerk, the balance due, if any, to the applicant on account of any
deposit shall be forthwith returned.
Any person, company, firm or corporation who
or which shall violate any of the provisions of this article shall,
upon conviction of such violation, be subject for each offense to
a fine not exceeding $1,000 or imprisonment for a term not exceeding
90 days, or both. In case of failure to restore pavements or roads
or streets as hereinabove provided, after written notice by the Township
Clerk to do so, each day that such pavement, roads or streets remain
unrestored shall constitute a separate offense.