[Adopted 3-18-1974 by Ord. No. 74-4; amended in its entirety 12-4-1995 by Ord. No. 95-26 ]
A. 
No person shall cut, dig, drill or make any hole, trench or other excavation on any road, street, alley, highway, sidewalk or any other public way within the Borough of Metuchen for the purpose of laying any pipes or mains of any description, or for the purpose of repairing or connecting any pipe or conduit pipe with any water or gas main, or for laying any sewer, or connecting with any telephone, telegraph or electric wires, or cable lines under the surface of any street or for any other purpose without first having obtained a permit.
B. 
In the event of an emergency where repairs must be made immediately and the person charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then and in that event, the excavation may be made after contacting the office of the Director of Public Works, and the person having made the excavation shall forthwith apply for a permit and comply with all the provisions of this article.
Application for a permit shall be made to the Borough Clerk on forms provided by him or her. The information required for a permit shall include, but not be limited to the following:
A. 
The name of the street where the opening is to be made.
B. 
The house number, if any, and the Metuchen Tax Map block, lot and section number of the property.
C. 
The purpose for which the opening is to be made.
D. 
The nature of the surface in which the opening is to be made.
E. 
The dimensions of the opening.
F. 
The time when the work is to be commenced and completed.
G. 
Prior experience in street excavation work, giving name of other municipalities, streets and dates of excavation work.
H. 
Any other information which may be required on the application form.
A. 
Upon the filing of a valid application for permit, together with the license fee, deposit or completion bond as required by this article, the Borough shall issue a permit which shall specify when and how said work is to be completed. The Borough shall retain the amount so deposited until the applicant shall have completed the work of filling in, leveling, grading and restoring any road, alley, street, highway, sidewalk or any other public way so excavated.
B. 
The Clerk shall provide the Director of Public Works with a copy of the application, for his or her review, prior to the issuing of any permit.
C. 
The applicant shall comply with all terms of the permit and the conditions on the application form. The Borough reserves its rights to require any information which is not required on the application form itself, but which the Director of Public Works, or the Borough Engineer, feels is necessary in order to properly evaluate the application.
D. 
The issuing authority for any permit shall be the Director of Public Works.
E. 
If the applicant proposes the closing of a street, prior notice shall be given to the Police Department and comment shall be received from the Police Department prior to the issuance of any permit.
In granting any permit, the Director may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:
A. 
Limitations on the period of the year in which the work may be performed.
B. 
Restrictions as to the size and type of equipment.
C. 
Designation of routes upon which materials may be transported.
D. 
The place and manner of disposal of excavated materials.
E. 
Requirements as to the laying of dust, the cleaning of streets and other things offensive or injurious to the neighborhood, the general public or any portion thereof.
F. 
Regulations as to the use of streets in the course of the work.
Each application for an excavation permit shall be accompanied by the following:
A. 
A permit fee as follows which will be used toward application costs and engineer's inspection costs:
(1) 
For minor excavations in which work will be completed in one day or less and do not require the closing of a street: $100 per permit.
[Amended 6-7-2004 by Ord. No. 2004-7]
(2) 
For major excavations in which work will not be completed within one day or less and/or require the closing of a street: $300 per permit.
[Amended 6-7-2004 by Ord. No. 2004-7]
(3) 
If the inspection fees exceed $100 or $300, as above respectively, the applicant will be backcharged for the excess and shall pay the same to the Borough Clerk within 30 days of billing.
[Amended 6-7-2004 by Ord. No. 2004-7]
(4) 
Public utilities shall be exempt from said permit fee.
B. 
A deposit or bond in lieu thereof as follows:
(1) 
Five hundred dollars, which may be posted in check or cash in lieu of said bond. Said bond shall be in favor of the Borough of Metuchen, made with a good and solvent bonding company licensed to do business in the State of New Jersey, as surety and shall be conditioned on payment to the Borough of Metuchen of all moneys representing damages which may be sustained by the Borough of Metuchen for all sums necessary to complete or correct the improvement of the street which is opened and for all other requirements made of the applicant under the applicable sections of this article.
(2) 
Each public utility desiring to obtain permits pursuant to this article shall file each year with the Borough Clerk one certificate of insurance and one performance bond for the entire year in the amount of $5,000, which bond shall be conditioned upon the public utility complying with the applicable sections of this article.
(3) 
Whenever the Borough Engineer, or the Director of Public Works, shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Engineer, or the Director of Public Works, to be reasonably necessary for the completion of such work.
(4) 
After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Borough for the cost of doing the work as set forth in the notice.
Each applicant, prior to receipt of a permit, shall provide the Borough with an acceptable certificate of insurance indicating that he or she is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by the applicant, his or her subcontractor or anyone directly or indirectly employed by him or her. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street and all operations, including labor, equipment, materials and all else involved in work under the permit and shall include protection against liability arising from completed operations. The liability insurance shall be a minimum of $500,000 combined single limit. Said insurance shall also contain a clause holding the Borough of Metuchen, its agents and servants and employees, harmless against any claim or damages which may arise out of any liability resulting from the applicant's work.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 2).
A. 
All types of finished pavement shall be completely broken and removed to a minimum distance of six inches back from all sides of the excavation or trench to the level of the surface upon which the pavement rests.
B. 
No tunneling shall be permitted, except that, where practicable, an earth drill may be used to bore a hole of the same diameter as the pipe or conduit being installed, such drilling to be permitted only with the approval of and under the supervision of the Department of Public Works of the Borough.
When the excavation involves passing the center line of the roadway, no opening or excavation in any street shall extend beyond the center line of the street until the previously open section has been backfilled and the surface of the street restored in a safe and acceptable condition. No more than 250 feet measured longitudinally shall be opened in any street at any one time, except by specific approval of the Director of Public Works. No person to whom a permit has bene issued under the provisions of this article shall disturb more pavement than the permit provides for without first applying for and receiving permission to do so.
A. 
All pavement cuts, openings and excavations shall be properly made, backfilled and surfaced by the permittee according to the requirements of this article and the instructions of the Director of Public Works, along with being in accordance with the New Jersey Department of Transportation Standard Specifications and other applicable regulations.
B. 
The Director must be notified by the permittee during the forty-eight-hour period preceding the beginning of backfilling of the date and approximate time at which backfilling will begin.
C. 
No backfilling shall be started prior to inspection and approval of the installed work by the proper Borough officials and unless and until the Director of Public Works or a Borough inspector designated by the Director of Public Works is present.
D. 
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical means, such as tamping, vibrating or rolling as required. All backfilling or excavations in or within 10 feet of any pavement or shoulder area shall be done in thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed three inches in thickness. Layers that are power-tamped shall not exceed 12 inches in thickness. Excavated material is to be removed from site.
E. 
The contractor shall backfill with recyclable concrete or other suitable pervious material. Pavement repair shall be completed with bituminous concrete to a minimum depth or two-inch with four-inch stabilized base.
F. 
If the Director finds that paving surfaces adjacent to the street opening may be damaged where a number of trenches are laid in close proximity to one another, or where the equipment use may cause such damage, he or she may require the permittee to backfill and restore that area.
G. 
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
H. 
In no case shall any opening made by a permittee be considered in the charge or care of the Borough, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening except in the exercise of the police power when it is necessary to protect life and property.
I. 
The Borough reserves the right to require restoration other than specified above, dependent on the specifics of the trench opening application and the recommendation of the Borough Engineer. If the particular existing street pavements exceed these criteria, higher type repairs may be required. All materials and workmanship to be in accordance with the New Jersey Department of Transportation Standard Specifications. The permittee may be required to place a temporary surface over openings made and this fill shall be topped with a minimum of at least two inches of bituminous mixture which is suitable to maintain the opening in good conditions until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restoration in safe traveling condition until such time as permanent restorations are made.
J. 
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, or shall fail to adhere to other requirements of this article, the Borough shall have the right to do all work necessary to restore the street, eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost in addition for general overhead and administrative expenses.
[Added 7-8-2019 by Ord. No. 2019-14]
A. 
Notwithstanding anything in this article to the contrary, in the event that a permittee excavates a street opening of a length greater than three feet, repaving of the street shall be required in accordance with the following requirements:
(1) 
For a street that has been paved within the past five years of the permit application, the permittee shall be required to repave the full width of the road, to a distance of a minimum of 50 feet from the ends of the trench. The method of paving and the materials to be used shall be at the discretion of the Borough Engineer.
(2) 
For a street that has not been paved within the past five years of the permit application and which affects only one lane of the street, the permittee shall be required to repave the road from the center line to the curb in which the trench is located to a distance of a minimum of 50 feet from the ends of the trench. The method of paving and the materials to be used shall be at the discretion of the Borough Engineer.
(3) 
For a street that has not been paved within the past five years of the permit application and which affects more than one lane of the street, the permittee shall be required to repave the full width of the road, to a distance of a minimum of 50 feet from the ends of the trench. The method of paving and the materials to be used shall be at the discretion of the Borough Engineer.
B. 
The Borough Engineer may require the length of the repaved area to be increased to a maximum of 100 feet from the ends of the opening, based on the proximity to other roadways, utility concerns or other good cause.
C. 
The restoration of the pavement shall be done no less than 60 days after the opening and no more than 120 days after the opening. This will allow for any settlement in the trench to take place before the final pavement is placed. Exceptions to this time frame may be allowed by the Borough Engineer dependent upon the time of year, which can affect the availability of paving materials.
A. 
All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary, and all utility companies shall be notified by the permittee at least three working days before work is started.
B. 
Pipe drains, pipe culverts or all other facilities encountered shall be protected adequately by the permittee.
C. 
Any person whose facilities are damaged by the permittee may make the necessary repairs and file a claim against the permittee with the Borough for the fair and proper cost of such repairs. The Director shall not authorize the release of the performance bond until the claim has been resolved. In the event of damage, responsibility for repair or replacement shall be assumed by the permittee.
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the Borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Borough Engineer. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
Work for which a permit has been issued shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required. All work shall be completed within 30 days from the date of the issuance of the permit. Work authorized by a permit shall be performed between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, unless the permittee obtains a written consent from the Director to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency.
A. 
Every permittee shall place around the project and maintain in proper operating condition such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Director to be necessary for the protection of the public. Additional safety requirements may be prescribed by the Director.
B. 
Whenever any person fails to provide or maintain the safety devices required by the Director, such device shall be installed and maintained by the Borough. The cost incurred shall be paid by the permittee prior to the release of the performance bond.
C. 
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this chapter.
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Director. No person shall divert or discharge water into, upon or across any street, avenue, road, highway or sidewalk in the Borough so that a nuisance is created, or a hazardous or dangerous condition is created or the pavement or road surface is damaged thereby.
When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within eight hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Director shall cause such removal and the cost incurred shall be paid by the permittee prior to the release of the performance bond.
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Residents shall be notified by permittee at least 12 hours before start of operation requiring the closing of normal access or accesses to property. Free access must be provided at all times to fire hydrants.
A. 
Prior to starting any excavation in a Borough street which requires a street opening permit from the Director of Public Works or Borough Engineer, if applicable, the applicant must comply with the following:
(1) 
Obtain the necessary street opening permit.
(2) 
The immediate work area is to be protected with barricades and signs of such quantity and location so as to afford vehicle operations ample warning that road construction is in progress. Barricades shall be located so as to provide a safe passage of vehicles around the work site. Barricades and signs shall be in accordance with the standards of Part VI of the Uniform Manual on Traffic Control Devices, published by the United States Department of Transportation, as amended.
B. 
For all openings or projects which will not be completed within one working day, or which will necessitate the partial or total closing of the street, the following additional regulations will apply, unless waived by the Director of Public Works:
(1) 
The location and description of traffic control devices must be shown on a sketch. All devices must be positioned in accordance with the aforesaid Manual on Uniform Traffic Control Devices. This sketch will be forwarded to the Traffic Safety Unit for its comments.
(2) 
Construction work will only be permitted at the times specified on the application.
(3) 
Streets to be closed must be closed and opened at the times specified on the application. If the street is to be closed, advance notice shall be given to the Traffic Safety Unit of the Metuchen Police Department for its comment, and comment shall be received before closing of the street takes place.
(4) 
Construction equipment will not be stored or parked within the roadway after working hours.
(5) 
If a uniformed police officer is requested for traffic control, this request will be made by the contractor to the Traffic Safety Unit.
(6) 
If flagpersons are to be utilized, they shall be dressed, positioned and equipped in accordance with Part VI of the Manual of Uniform Traffic Control Devices.
(7) 
Work areas shall be properly protected and lighted from sunset to sunrise.
(8) 
At least 24 hours notice must be given to the Borough Clerk and the Metuchen Police Department.
(9) 
Copies of the Manual on Uniform Traffic Control Devices are on file with the Borough Engineer and the Traffic Safety Unit and are available from the Federal Highway Administration of the New Jersey Department of Transportation for reference.
(10) 
If the project for which the permits are sought involves more than one street or more than two blocks along the same street, the application must include a "phasing schedule," which shall be subject to review of the Director of Public Works or Borough Engineer, as applicable, which schedule shall provide for an orderly and workmanlike progression, where one phase of the project shall be completed and the roadway closed prior to the opening of roadways in the succeeding phase. The purpose of this phasing schedule shall be to avoid unnecessary and unreasonable disruption of traffic in several areas of the Borough at the same time. Failure to adhere to the schedule shall be grounds for revocation of the permit.
[Added 3-21-2000 by Ord. No. 2000-6]
All excavating work shall be done in a manner conforming to the safety requirements of the New Jersey Department of Labor and any other applicable State and Federal Laws and regulations.
A. 
No permit shall be issued by the Director of Public Works to any person given notice under this article which would allow an excavation or opening in paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
B. 
If, by special action of the Borough, a permit is issued to open any paved and improved street surface less than five years old, a surcharge shall be made for the opening except that the surcharge shall be waived in the event the work is of an emergent nature. The surcharge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the five-year restricted period, but in no event shall the surcharge be less than $250.
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he or she shall, prior to the expiration of the permit, present in writing to the Director a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Director such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work. Permits are not transferable from one person to another, and the work shall not be done in any place other than the location specifically designated in the permit.
A. 
Any permit may be revoked by the Director, after notice to the permittee, for:
(1) 
Violation of any condition of the permit or of any provision of this article.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
B. 
Written notice of any such violation or condition shall be served upon the permittee or his or her agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified United States mail addressed to the person to be notified.
C. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Director shall do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Borough shall be recovered from the bond the permittee has made or filed with the Borough.
The provisions of this article shall apply in those instances where the highway is maintained by the State of New Jersey, subject to the provisions of any agreement between the Borough and the State of New Jersey. Permittee shall notify the Borough Clerk and the Police Department 24 hours before any work is commenced. Said notice shall be in writing.
Where a county road is involved, an applicant shall apply and secure a permit from Middlesex County. The Borough Clerk and Police Department shall be notified 24 hours before work is commenced. Said notice shall be in writing.
The provisions of this article shall not apply to public utility companies having contracts with the Borough or operating under special ordinances or statutes; nor to any person constructing sidewalks, pavement or public sewers or doing any other work in or on any of the streets, avenues, roads or highways under and in pursuance of a contract entered into between such person and this Borough, provided that these provisions or the equivalent are incorporated in any said contract, specifications or requirements. In the event that these provisions or the equivalent are not incorporated in any said contract, specification or requirements, the provisions of this article shall apply.
A. 
No permit for a street opening shall be given by the Borough Clerk for the purpose of installing a connection between a building or a private sewer and a public sewer, unless the applicant has a sewer connection permit granted by the Borough.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 2).
B. 
Copies of all permits issued by the Borough Clerk shall be transmitted to the Police Department of the Borough and the Building Inspector.
C. 
The definition of street, avenue, road or highway herein shall include any sidewalk area and the area between property lines as such street, avenue, road or highway as laid out on the appropriate Borough maps and subdivision.
Any violation of this article may be heard on summons or complaint before the Metuchen Municipal Court filed by any resident or official of the Borough. The penalty for a violation of this article shall be as provided in Chapter 1, General Provisions, Article 1, plus the cost to the Borough for correction of the violation. The cost of correction to the Borough shall include straight or overtime pay to any Borough employees and material costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 2).
The Director of Public Works is the enforcing authority under the terms of this article and its predecessors. In the absence of the Director of Public Works, or his or her inability to attend to the requirements of this article and its predecessors, the Borough Engineer shall be entitled to perform the Director of Public Works' duties under this article and its predecessors.