[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.
