[Adopted 9-4-1979 by Ord. No. 1979-6]
It shall be unlawful for any person to make an excavation in, or tear up, or in any way impair the surface of any improved Township street for the laying, replacing or repairing of any water, gas, or sewer pipe or for making any drain, laying telephone or electrical conduits or for the laying or replacing, repairing or changing of any track stream or railroad or for any other purpose, without a written permit being first had and obtained from the Township Clerk.
The application for such permit shall be made to the Clerk, in writing, signed by the applicant, specifying the place, kind of excavation and the time required to make the opening and backfill for same.
A. 
The applicant shall keep the excavation properly guarded at day and night and shall have lights placed thereat 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 than shall be allowed by the Township Engineer.
B. 
The backfilling of trenches shall be performed by the party or parties making such opening or openings, in the following manner:
(1) 
All material returned shall be deposited in layers not exceeding 10 inches in depth, and thoroughly rammed with tampers, approved by the Township Engineer.
(2) 
Broken stone shall be cast in a separate pile, kept clean and separated from other excavations, for use in replacing the roadway.
(3) 
The trench shall be, when filled, level and flush with the finished grade of the road adjacent to the opening.
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, or in any ditch, so as to interfere with the flow of water along the gutters of any street or ditch.
[Amended 6-3-1980 by Ord. No. 1980-4; 7-10-2013 by Ord. No. 2013-06; 8-1-2017 by Ord. No. 2017-8]
A. 
No permit shall be granted by the Township Clerk until the applicant has paid to him the application fee of $100 in cash or certified check drawn to the order of the Township of Shamong and has deposited with the Clerk an escrow fund to cover the costs incurred by the Township for inspecting the excavation work in question and the patching or repair of the street wherein the same is to be done in the event the applicant does not do the same or fails to do it properly as determined by the Township Engineer. The amount of said escrow fund shall be calculated as follows:
(1) 
The sum of $150 shall be deposited for each opening in any macadam or gravel road or street treated with bituminous dressing for an opening up to two square yards, with a deposit of $10 to be made for each additional yard.
(2) 
The sum of $150 shall be deposited for each opening in any road or street paved with bituminous concrete, bituminous macadam, sheet asphalt, buck or concrete surfaces up to two square yards, with a deposit of $10 to be made for each additional yard.
(3) 
In cases where it is found necessary to open only the earth shoulder of any road, the sum of $150 shall be deposited.
(4) 
Upon completion and acceptance by the Township of the patching and/or repair, any balance remaining in said escrow fund shall be returned to the applicant.
B. 
Each applicant shall, as a condition of issuance of any permit, save, hold and keep harmless and indemnify the Township of Shamong, its officers, agents, servants and employees from and against any loss, damage, claim, demand or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under such permit.
C. 
Upon application being made therefor, the Township Engineer or designee may extend the time during which any permit shall be valid for such period as he shall deem advisable. In the event that the work required to be done by an applicant shall not be completed within the time stated on any permit or any extension thereof, then the Department of Public Works may complete the work required to be done by the applicant and restore the surface of the street affected. The applicant shall, upon demand, pay to the Township the cost of completing such work as the applicant is required to do under the article, and such amount may be deducted from the deposit held by the Township Clerk or designee; or, if not sufficient to cover the cost of the work, the difference may be recovered by the Township in a court of competent jurisdiction in an action against the applicant or his surety.
D. 
All excavations shall be restored at the expense of the applicant making the opening, to the satisfaction of the Township Engineer, designee, or other duly authorized designee, in compliance with the following requirements:
(1) 
The excavation shall interfere as little as possible with travel along the street or road, and no greater part of any street or road shall be opened at any one time other than as the Township Engineer or other duly authorized designee shall allow in order to prevent such interference with travel.
(2) 
The applicant shall notify the Township Engineer or his or her designee at least 24 hours prior to a street opening. Inspection for each street opening application shall be done in accordance with the directions of the Township Engineer or his or her designee. The inspector shall have the right to, and it shall be his or her duty to, inspect said street opening, and be present to continuously inspect the backfill and street surface restoration procedure.
(3) 
Neither such inspection nor anything else contained in this article shall relieve the applicant from the duty to remedy any defect in such restoration of the opening as may then or thereafter appear, or from any other liability for such defects.
(4) 
Any material shall be installed according to the most recent update to the Standard Specifications of the New Jersey Department of Transportation. Further, flowable fill shall be used for all backfill to ensure a final surface that does not settle, thereby creating a pothole, ponding or the like. Flowable fill shall be at a finished level four inches below existing contour of the road. After installation of flowable fill, the applicant shall create a final topcoat consisting of four inches of asphalt mixture and thoroughly tamped and rolled to create a permanent patch. The topcoat shall be installed no sooner than 24 hours and no later than 48 hours from the installation of the flowable fill. When filled, the opening shall be flush with the existing contour of the road. Permanent patches must have all edges sealed.
(5) 
In the event of cold weather that prevents the use of flowable fill, the applicant shall fill and tamp opening with clean fill and install cold patch or other temporary patch material. Within a period of not more than six months, the applicant shall remove the temporary fill, install flowable fill, and replace the temporary patch with permanent pavement. The topcoat shall be installed no sooner than 24 hours and no later than 48 hours from the installation of the flowable fill. In the event only the permanent asphalt material is unavailable, flowable fill shall be at a finished level four inches below the existing contour of the road and followed by two inches of sand and two inches of cold patch or other temporary patch material. Temporary patches must have all edges sealed. Within a period of not more than six months, the applicant shall remove the temporary patch and sand and shall create a final topcoat consisting of four inches of asphalt mixture and thoroughly tamped and rolled to create a permanent patch. When filled, the opening shall be flush with the existing contour of the road. Permanent patches must have all edges sealed.
(6) 
The Township Clerk or his or her duly authorized designee shall not allow the issuance of a permit unless they are satisfied that the applicant has the ability to adequately undertake and perform the work provided for herein, and has demonstrated that adequate precautions have been taken to protect the interests of the Township, and has provided proof that the applicant maintains liability insurance.
E. 
If tunneling operations are required, the tunnel shall be backfilled with flowable fill.
When it is deemed unnecessary by the engineer to excavate by breaking the surface of the road and the result can be obtained by driving pipes under the road, the same deposit must be made, but no extra charge will be deducted from the deposit.
Any public utility may file its bond without surety and any private utility may file its bond with a reputable insurance company as surety, in the amount of $1,000 with the Clerk, in which case the Clerk may issue a permit to such utility without a deposit and may continue to issue permits, without deposit, as long as the bond remains in force. The bond shall guarantee compliance with the terms of this article.
No excavation or driving under the road will be allowed to be done in sheet asphalt, bituminous concrete, bituminous macadam, brick or concrete surfaces except in the presence of the Township Engineer or his authorized agent. Expenses for this inspection will be deducted from the amount deposited in addition to the amount chargeable per square yard.
In the event a bona fide emergency requires immediate attention, the permit required hereunder may be obtained within 48 hours after the occurrence of the emergency and after work has commenced.[1]
[1]
Editor's Note: Former Section 10, Regulations concerning public utility, which immediately followed this section, was repealed 6-3-1980 by Ord. No. 1980-4.
A. 
No ditch shall be dug within 10 feet of any Township road without first obtaining the approval of the Township Engineer, which approval shall not be given unless, in his opinion, the ditch will not endanger the construction of the road which it will adjoin.
B. 
No existing ditch adjoining a Township road, 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, which approval shall not be given unless, in his opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.
[Added 8-1-2017 by Ord. No. 2017-8]
A. 
Whenever the Township undertakes any action to provide for the paving or repaving of any street, the Township Clerk shall promptly mail a written notice thereof to each person or entity owning utility improvements, mains, conduits in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that street opening permits or openings, cuts or excavations and permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the street opening permit may be completed not later than 45 days from the date of the governing body's action, whether same be by resolution, ordinance or motion. The Borough Clerk shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and departments or other persons who may desire to perform excavation work in said street.
B. 
Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary. In the event that any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or successors in interest to make openings, cuts, or excavations in said streets shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Borough Engineer, an emergency, as described otherwise in this article, exists which makes it absolutely essential that the street opening permit be issued.
C. 
Every Township department or official charged with responsibility for any work which may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity for making any openings, cuts, or excavations in the new pavement in said Borough street during said five-year period.
[Added 8-1-2017 by Ord. No. 2017-8]
Any person, firm, corporation, association or legal party whatsoever who or which 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 in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.