[Adopted 3-13-1978 by Ord.
No. 78-3 as Art. II of Ch. 212 of the 1977 Code; amended in its entirety 4-11-1990 by Ord. No. 90-2]
It shall be unlawful for any person, firm or corporation to make any
excavation in, tear up or in any way impair or undermine the surface of any
Township road or street in the Township of Pennsauken for the laying, replacing
or repairing of any water, gas, drain- or sewer pipe, telephone, electrical
or television cable or conduit or for any other purpose without a written
permit being first had and obtained from the Construction Official of the
Township of Pennsauken.
A.
The application for such permit shall be made to the
Pennsauken Township Construction Official's office. Said application shall
be made, in writing, on forms available at said Construction Official's office,
specifying the location, the size of the excavation and other information
as may be required. The standard application forms of any public utility company
may be submitted in lieu of the standard Township forms, provided that the
forms contain substantially similar information as stated above. A permit
application must be submitted to the Construction Official's office for every
street opening performed by a public utility, regardless of whether the street
opening is performed by utility personnel or by a private contractor working
for the utility.
B.
No permit for a street opening shall be issued for a
period of five years where a pavement has been reconstructed or a period of
three years where a pavement has been resurfaced, unless there is a need shown
as a result of an emergency with potential endangerment of health, life or
property (i.e., gas leak).
A.
The fees and bond/escrow amounts shall be established
based on the following schedule:
(1)
Township permit fee: $35
(2)
Engineer application review fee: $50.
(3)
Engineer inspection fee: $150. This fee shall be for two inspections by the Township Engineer as described in § 273-12. If, for any reason, additional inspections are necessary, there shall be a fee of $75 per inspection.
(4)
Bond/escrow amount: $500 except where deemed necessary
by the Township Engineer to require a bond/escrow amount in excess of the
standard amount.
B.
The applicant shall pay the designated fees and post
the required bond/escrow amount. A permit shall be issued by the Construction
Official's office only when required fees are paid and the required bond is
posted.
C.
A utility company shall pay a permit fee in accordance
with § 273-9A(1) above and shall post an annual performance bond
in the amount of $20,000, in a form acceptable to the Township Solicitor,
to guarantee the performance and maintenance of street opening work in accordance
with the provisions of this article. The Pennsauken Sewerage Authority and
the Merchantville-Pennsauken Water Commission need not post an annual performance
bond. In lieu of the performance bond, the Authority/Commission shall provide
to the Construction Official's office an annual certification of compliance
with the provisions of this article for all street openings that are the responsibility
of the utility.
D.
The provisions of § 273-9A(2), (3) and (4)
and B shall not apply to any public utility company.
A.
All existing pavements, road surfaces, sidewalks, curbs,
gutters, pipes, manholes, drains, conduits and other installations, fixtures
and property adjacent to the street excavation shall be properly protected
by the applicant. All installations, fixtures and property shall be restored
or replaced by the applicant to their preconstruction condition.
B.
The requirements and standards for excavation and reconstruction
shall be as follows:
(1)
The road surface shall be cut vertically with a sharp
tool along straight lines before excavating or before installation of the
final surface pavement.
(2)
Backfill material shall be clean granular material deposited
in layers 10 to 12 inches in depth and thoroughly tamped. Backfill shall be
placed to a level two inches minimum below the top of adjacent paved surfaces.
(Backfill compaction will be strictly enforced.)
(3)
Temporary paving of bituminous concrete or cold patch
two inches in minimum thickness shall be placed and compacted. The applicant
shall be responsible for keeping the temporary patching flush with the adjacent
surface during the settling period.
(4)
Thirty days after the initial placing of the temporary
paving or at such later date as the Township Engineer may direct if, in his
or her opinion, there is a reasonable need for the applicant to maintain said
temporary paving for a period of the time longer than 30 days, the temporary
paving and backfill shall be removed as necessary to install permanent paving
in accordance with one of the following as specified by the Township Engineer:
(a)
Six inches minimum of quarry-blend stone subbase and
six inches minimum of reinforced concrete pavement.
(b)
Six inches minimum of bituminous stabilized base course
and two inches minimum of FABC surface course.
(c)
Six inches minimum of quarry-blend stone subbase, six
inches minimum of bituminous stabilized base course and three inches minimum
of FABC surface course.
(5)
All joints between new and existing paving materials
shall be tacked and sealed.
C.
Materials and methods of construction for all work supplied
and performed under said permit shall conform in all aspects to the requirements
set forth in the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, latest edition.
D.
Any deviations from the excavation and reconstruction
standards specified herein must be submitted, in writing, by the applicant
and approved in advance by the Township Engineer, without exception.
The applicant shall, at his or her expense, maintain lights and barricades
at the excavation of sufficient number and properly located to assure the
safety of the public at all times throughout the performance of the work.
The excavation work shall interfere as little as possible with travel along
said street or road. No greater excavation area shall be opened than can be
completed and backfilled in one workday unless the opening is properly covered
by a steel plate or an alternate covering providing equal protection. Special
circumstances may necessitate the presence of flagmen, and, if required by
the Township, the same shall be provided by the applicant at his or her expense.
In no case shall the applicant create a condition that is a potential hazard
to the health and safety of the public.
A.
The applicant shall notify the Township Engineer 24 hours
in advance of the start of work so that an inspector can be present during
the backfilling of the excavation and the placement of the temporary paving.
B.
The applicant shall notify the Township Engineer 24 hours
in advance of the removal of temporary paving so that an inspector can be
present during the placement of the subbase and the final pavement surface.
A.
Upon completion of the excavation and reconstruction
of the road and after inspection and acceptance by the Township Engineer,
an amount equal to 80% of the performance bond shall be released to the applicant.
The remaining 20% shall be retained by the Township of Pennsauken as a maintenance
bond for the term of one year from the date that the permanent repair was
made. After one year, the work shall be reinspected and, if acceptable, the
maintenance bond shall be released to the applicant. If the work is unacceptable,
the applicant will be advised that the maintenance bond will not be returned
and permanent repairs will be made by the Township of Pennsauken.
B.
In the event that notifications are not made as required in § 273-12, the full amount of the performance bond shall be retained by the Township of Pennsauken as a maintenance bond for the term of one year from the time the Township is made aware that final street repairs have been made.
C.
A public utility company shall not be required to post
a separate maintenance bond.
If any opening is required as a result of any emergency, such as a gas
leak or a water main break, and therefore precludes the submittal of a permit
application in advance, the person, corporation or public utility responsible
for said opening shall submit the necessary permit application and fee(s)
within the next three calendar days thereafter.
A.
In the event that the Township is made aware of an excavation
in a Township street or road for which no permit exists, the person, firm
or corporation responsible for the excavation is required to perform the following:
(1)
Pay fees required by § 273-9A(1), (2) and (3).
(2)
Post a maintenance bond which is at least two times the
amount of the standard bond required by § 273-9A(4). A higher bond
may be required as deemed necessary by the Township Engineer. The maintenance
bond shall be retained by the Township of Pennsauken for the term of two years.
Following inspection and acceptance of the repair, the bond shall be released
to the applicant.
B.
Any person, firm or corporation which shall violate any
of the provisions of this article shall be subject to one or more of the following:
a fine not exceeding $1,250 or imprisonment in the county jail for a term
not exceeding 90 days, or a period of community service not exceeding 90 days,
at the discretion of the Municipal Court Judge. Violation of any of the provisions
of this article shall represent cause for the withholding of permits for future
work in the Township by the applicant.
