[Adopted 12-5-1972 by Ord. No. 13-72 (Ch. 91, Art. III, of the 1972 Code)]
[Amended 5-14-1984 by Ord. No. 23-84; 6-12-2025 by Ord. No. 18-25]
No person, firm, partnership or corporation shall open or dig a trench in any public road, street or highway of this municipality without first having done each of the following:
A. 
Made a written application to the Township Engineer on forms to be provided by the Township Engineer, which application shall state the purpose thereof, such as an opening or excavation for sewer, water, gas, telephone, electric or any other purpose. Attached to the application shall be a sketch, in duplicate, showing the location and type of work to be done pursuant to the provisions hereof. The Township Engineer shall submit said sketch and the application to the Chief of Police or his designated representative. Upon approval by the Township Engineer and Chief of Police that said application is in compliance with all state and municipal laws and regulations, the permit shall be issued, subject, however, to any conditions which may be imposed by the Township Engineer or the Chief of Police, reasonably related to the health, safety and welfare of the Township residents and those who travel upon its road. Wherever in this article the Township Engineer or Chief of Police is designated, the reference therein may equally apply to any designated representative of the same.
B. 
Paid the proper fee to said Township Engineer for such opening or trench as hereinafter determined.
C. 
Given the Township Engineer a cash or surety company bond to guarantee that the opening or trench made by the permittee will be properly closed and the road, street or highway over the same and the surrounding improvements or facilities, reconstructed so that it will remain in good condition for at least one year after the closing by the permittee.
D. 
Received from the Township Engineer a written permit for the specific opening or trench.
No person, firm, partnership or corporation shall open or dig a trench, or direct or cause any employee, agent or contractor of such person, firm, partnership or corporation to open or dig a trench, in any public road, street or highway until a written permit for such opening or trench has been issued by the Township, except that openings may be made without the necessity of written application, as hereinbefore provided, in emergencies such as a broken or frozen water main, gas leak or other happening which would endanger public life, health and safety; provided, however, that notice thereof shall be immediately given verbally to the Township Engineer, Superintendent of Public Works or Police Department and written application in accordance with § 372-11 is made within 72 hours.
Each permittee shall do each of the following things with relation to each opening or trench for which the permittee is responsible:
A. 
Have the trench or opening dug promptly after the permit aforesaid is granted, but in no case later than 48 hours.
B. 
Have the material taken from the opening or trench placed so as not to interfere with public use of highway.
C. 
Have proper and ample guards, barricades, signs and lights maintained on site to sufficiently warn users of the road, street or highway of the dangers attendant to the project, from the time the opening or trench is started until the road, street or highway is completely restored and completely reopened to public travel. The type of guard, barricade, sign and light to be utilized shall be in compliance with specifications or standards contained in the manual entitled "Uniform Traffic Control Devices," a copy of which shall be available at the office of the Chief of Police, and the Chief of Police must approve the actual installation of same in each case, both as to location of same and as to compliance with said specifications and standards.
D. 
Assume full liability for any and all injuries caused by the negligence of permittee or the employees or agents of permittee in constructing such opening or trench as well as in its maintenance or closing.
E. 
Keep said opening or trench open a minimum period of time to accomplish the purpose of the permittee, and close such opening or trench just as soon as possible thereafter.
F. 
Comply with the following standards hereby adopted in this municipality for such openings and trenches:
(1) 
Protection of traveling public. The permittee shall keep such opening or trench properly guarded and at night have lights placed thereat, and in doing the work interfere as little as possible with the travel along the road, and open no greater part of the road at any time than shall be allowed by the Superintendent of Public Works.
(2) 
Protection from suits. The permittee shall also save harmless said Township of Jackson, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his agents or servants in connection with the performance of the work covered by the permit.
(3) 
Time limit. The opening or trench shall be backfilled immediately and the pavement shall be restored within two weeks. In case the work has not been completed before the day of expiration as shown in the permit and the permittee has not requested an extension of time, the Superintendent of Public Works may, if he deems it advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued, and if any extension of time beyond said date is needed for the completion of the work, a new application must be filed, if required by the Superintendent of Public Works.
(4) 
Maintenance. The restoration of the opening or trench shall be maintained for one year after completion.
(5) 
Excavation.
(a) 
No opening shall be commenced on a Saturday, Sunday or holiday, except in case of emergency.
(b) 
On a bituminous-surface-treated road, the edges of the opening shall be cut straight through the bituminous surface before the trench is excavated.
(c) 
The work shall be so conducted as not to interfere with the water, sewer or gas mains or any connections with buildings until permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting. No excavation which will damage trees shall be made without the approval of the Superintendent of Public Works.
(6) 
Backfilling. The permittee shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by flushing, tamping or other suitable means, and supply additional material when there is a deficiency. Whenever the road foreman shall deem the material unsatisfactory for backfill, and his decision shall have been concurred in by the Superintendent of Public Works or his duly authorized assistant, the permittee shall backfill the trench with sand, hard-coal cinders or other proper material acceptable, compressed as required, and shall remove all excess material from the premises. If tamping alone is employed, the material shall be placed in layers, not exceeding six inches in thickness, moistened as directed, and each layer energetically tamped until thoroughly compacted.
(7) 
Restoration of surface paving and surface paving foundation. After the backfilling of the opening or trench has been completed as above specified, the restoration of the pavement shall be governed by the following applicable rules:
(a) 
In the case of an opening or trench in the earth shoulder, the permittee shall restore the top four inches of the trench or opening with material capable of supporting the growth of grass, and shall fertilize and seed the surface with grass seed.
(b) 
In the case of a gravel pavement, the permittee shall fill in the top eight inches of the excavated trench or opening with compacted Grade A road gravel.
(c) 
In the case of penetration macadam road which consists of broken stone of various sizes, the permittee may salvage the broken stone and replace it in the top of the trench similar to the original pavement and cover it with two inches of hot-mixed bituminous concrete.
(d) 
In the case of a gravel-based bituminous concrete road, the permittee shall restore the surface with six inches of compacted Grade A road gravel covered with two inches of hot-mixed bituminous concrete.
(e) 
In the case of a bituminous-treated gravel road, the permittee shall restore the surface with six inches of compacted Grade A road gravel covered with two inches of either mixed bituminous material or hot-mixed bituminous concrete.
(f) 
In the case of a concrete surface, the permittee shall construct a concrete foundation and shall restore the reinforcement and the concrete pavement as directed by the Superintendent of Public Works.
(g) 
In the case of any special condition, the permittee shall restore the trench or opening as directed by the Superintendent of Public Works. If the Township is required to restore the pavement, the final charges, based on the schedule of costs, will be billed to the permittee on the completion of the work by the Township.
(h) 
No newly paved road shall be opened for a period of three years from the date of acceptance by the Township unless such road is overlaid along the entire length of the opening for the full paved width of the roadway for longitudinal trenches and 25 feet on either side for the full paved width of the roadway for perpendicular trenches or other openings. The overlay shall consist of one inch of bituminous concrete type FABC (Mix 1-5), and the transition to existing pavement shall be constructed as a butt joint. Feathering of the overlay is prohibited.
[Added 5-21-1990 by Ord. No. 29-90]
(8) 
Compliance. If the work is not being performed in accordance with the provisions of this article, or if the work is being performed in a manner which is hazardous to the safety and well-being of the public, then the Township Engineer and/or the Chief of Police shall issue a stop notice to the permittee or to the person or persons actually in charge of the work at the location thereof. Upon the issuance of the stop notice, the progress of the work shall cease until the defects are corrected and the stop order rescinded. In the event of such noncompliance, the permittee shall be responsible for reimbursing the Township for any engineering or other professional fees and other incidental costs which may be incurred by the Township.
[Amended 5-14-1984 by Ord. No. 23-84]
(9) 
Clearance of roadway. All work shall be performed in such a manner that all streets, roads or highways shall be at all times accessible for the passage of fire apparatus, mail delivery, police vehicles, school buses, ambulances and all other emergency or essential equipment. Access to fire hydrants, intersecting streets and private driveways shall be maintained at all times during the course of the work. The permittee shall conduct operations so as to cause as little interference to traffic as possible. Trenches shall be opened for a distance of not more than 300 feet in advance of the laying of the subsurface structures. Transverse openings involving the full width of any roadway shall be made so that only 1/2 of any road or thoroughfare will be obstructed at any one time. The complete blocking of any road or thoroughfare is prohibited except upon the express written authorization of both the Township Engineer and the Chief of Police. Whenever possible, services shall be driven or bored.
(10) 
Traffic. Traffic on all roadways within the Township is under the direct supervision and control of the Police Department, and any persons employed by a permittee to regulate or supervise traffic during the performance of work in accordance with this article shall be such a person authorized to do so by Title 39 of the Revised Statutes of the State of New Jersey.
(11) 
Emergencies. The permittee shall at all times while work is in progress maintain with the Police Department and Superintendent of Public Works the names and telephone numbers of responsible representatives of the permittee who may be contacted to correct any hazardous or emergency condition which may arise at times other than during the normal working hours. In order to expedite emergency repairs at times other than the normal working hours, permittee shall have such representatives available for immediate duty and shall have stockpiled at strategic locations sufficient materials suitable for emergency repairs.
(12) 
Obstructions. During nonworking hours, roadway lanes and shoulders shall be kept free of obstructions, including construction vehicles whenever they may present a hazard to passing traffic. This shall apply to sidewalks and walkways. In the event an obstruction cannot reasonably be removed, it shall be the responsibility of the permittee to so mark the obstruction as to eliminate any hazard to vehicular traffic and, in the event the obstruction is to pedestrian traffic, to provide a safe passage area for said pedestrians.
[Amended 5-14-1984 by Ord. No. 23-84; 6-12-2025 by Ord. No. 18-25]
A. 
Each applicant for a permit for such opening or trench shall post a cash or surety company bond with the Township Engineer to cover the estimated costs of closing and fully and completely restoring the particular opening or trench for which the application is being made, as well as to cover the repairs to any surrounding roadway, curbing, gutters, sidewalks, landscaping or other surrounding improvements or facilities which may have been damaged by the project, according to the following schedule of estimated costs:
Schedule of Estimated Costs
Type
Fee
(per square yard)
Earth surface
$5
Gravel surface
$6
Bituminous surface
$18
Continuous pavement and concrete foundation
$35
B. 
Each such surety bond shall be executed by the permittee as principal therein, and the surety company shall be the surety therein, which surety company shall be one licensed to do business in the State of New Jersey. Maintenance of the bond shall be the responsibility of the Township Clerk.
C. 
Upon completion of the project by the permittee and the restoration of the public road, street or highway and surrounding improvements or facilities in accordance with this article, the permittee shall receive back his bond one year after the completion of the project, upon proper written application therefor, subject to the approval thereof by the Superintendent of Public Works. Said bond or cash deposit shall be for the purpose of guaranteeing that the restoration shall remain in good condition for at least one year after the completion of the project.
D. 
A utility company may, in lieu of giving a separate bond on each project, annually, once in January each year, give such a bond for $5,000, provided that, when the total of all bonds required by such utility company reaches $5,000, such utility company may either give an additional bond or deposit cash security in an amount equal to the performance bond required by Subsection A of this section for any additional openings or trenches it desires to make in that calendar year.
[Amended 5-14-1984 by Ord. No. 23-1984; 5-13-1991 by Ord. No. 16-91]
A. 
The following schedule of fees is hereby fixed, determined and established as being the fees to be paid in the Township for the issuance of permits and for other Township services in connection with the servicing of such permits and such openings and trenches to proper restoration:
[Amended 8-26-1991 by Ord. No. 30-91]
Schedule of Fees
Openings
(length in feet)
Fee
Up to 3 feet by 3 feet
$100
From 3 feet to 500 feet
$3 per foot, with a minimum of $300
In excess of 500 feet
$1 per additional foot
B. 
Such fee shall accompany the application when filed with the Township or its representative.
The fees referred to in § 372-15A hereof shall be turned over to and become the property of the municipality and paid by the Superintendent of Public Works to the Township Treasurer monthly, accompanied by a written statement of the source of each fee.
The Superintendent of Public Works shall be the agent and representative of this municipality to:
A. 
Receive all applications, fees and bonds hereunder.
B. 
Inspect the sites of the proposed openings or trenches.
C. 
Inspect openings or trenches, warning guards, barricades, signs and lights maintained or to be maintained at respective sites by permittee.
D. 
Inspect closings of openings or trenches and restoration of public roads, streets and highways.
E. 
Notify permittee or municipality, or both, of any failure, refusal or neglect on part of permittee or his employees or representatives to comply herewith.
F. 
Make complaint and prosecute for and on behalf of this municipality any offense under this article.
G. 
Administer the provisions of this article for and on behalf and in the name of this municipality, under the direction of and for the Township Committee, the governing body of this municipality.
The designation "public road, street or highway," as used in this article, shall include the right-of-way, either dedicated to or owned by the Township.
Notwithstanding anything to the contrary contained in this article, no person, firm, partnership or corporation shall place pipelines, conduits or similar objects on or above the surface of the ground in any public road, street or highway unless in compliance with all provisions of this article governing the opening or digging of a trench as though same applied to the placement of said pipeline, conduit or similar object, except that those requirements which apply exclusively to trenches or excavations shall not apply hereto.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both, in the discretion of the Municipal Judge.
A. 
Nothing in this article shall be understood or construed by any permittee or other person to absolve any permittee or his employees, agents or contractors of any responsibility for any damage done to any person or property in opening or digging a trench in any public road, street or highway.
B. 
In the event that any permittee or his employees, agents or contractors or any other individual who performs work under a permit authorized by the provisions of this article causes damage or injury to any person or property or fails to fully and completely restore the particular opening or trench or fails to repair the surrounding roadway, curbing, gutters, sidewalks, landscaping or other surrounding improvements or facilities or otherwise damages such facilities, such permittee or other individual shall be fully responsible for any such claims and damage for damages in a civil action or proceeding.
[Added 5-14-1984 by Ord. No. 23-84]