[HISTORY: Adopted by the Township Committee of the Township of Eagleswood as indicated in article histories. Amendments noted where applicable.]
Article I Excavations
[Adopted 5-15-1968 (Ch. 89, Art. I, of the 1977 Township Code)]
[Amended 11-7-1973 by Ord. No. 10-73]
No person, firm, partnership or corporation shall 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 a 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 or Superintendent of Public Works and written application in accordance with this article shall be made within 48 hours.
The applicant shall pay to the Township Clerk of the Township of Eagleswood, to be deposited by him with the Township Chief Financial Officer, before any permit is granted under this article, the sum of $10 for each and every opening of not more than 30 feet in length in any paved or unpaved street or public place, and when an opening shall exceed 30 feet in length, the applicant shall pay the sum of $5 for each additional 30 feet or fraction thereof. This amount shall be retained by the Chief Financial Officer of this Township for a period of six months from the date of the permit, to guarantee the proper performance of the work done by the applicant and its maintenance in good condition. If during said period of six months the filling of the opening shall settle or any street surface over such opening shall require repairing, and the applicant shall fail to make such repairs within three days after the service or mailing of a notice from the Township Clerk to do so, then the Township Committee, or such other person as may be designated by the Committee for that purpose, may make such repairs and deduct the cost thereof from such deposits.
In addition to the deposit required in the last section, there shall also be paid to the Township Clerk fees as set forth in Chapter 135, Fees, for the following:
For repaving openings made in concrete pavements, a sum for each square yard of surface to be repaved.
For repaving openings made in pavements of concrete stone block, asphalt or other material where the foundation is of concrete, a sum for each square yard of surface to be repaved.
For repaving openings made in pavements of bituminous concrete or bituminous macadam with a crushed stone or telford base or stone block on sand cushion, a sum for each square yard of surface to be repaved.
For repaving openings made in gravel pavements, a sum per square yard of surface to be repaved.
For repaving openings made in streets paved with materials other than those hereinbefore enumerated, such sum per square yard of surface to be repaved as the Township Engineer shall determine.
All pavements over street openings shall be relaid by the applicant, and the money paid hereunder shall be retained by the Chief Financial Officer of the Township of Eagleswood for the term of six months after said work is completed. Each applicant under this article shall, immediately upon completing the work for which the application is granted, notify the Township Clerk of its completion and if, at the end of six months from the date of the completion of said work, the said street opening is in as good repair as previous to said opening, the said sum so deposited hereunder, or what remains of the same, shall be returned by the Township Chief Financial Officer to the applicant, upon the Chief Financial Officer being ordered so to do in writing by the Township Committee of the Township or such other person as may be designated by the Committee for that purpose.
[Amended 10-3-1973 by Ord. No. 8-73]
All openings shall be made and all excavations and backfilling shall be done by the applicant.
Prior to the excavation of the trench, in bituminous-treated or bituminous-surfaced roads, the edges of the opening shall be saw-cut straight through the bituminous surface prior to the excavation of the trench in order to provide a square edge for the replacement of the bituminous material. Prior to the replacement of the trench, as indicated above, the trench backfill shall be thoroughly consolidated by puddling, tamping or other suitable means to avoid future settlement of the trench surface.
All excavations shall be in open trenches, except where otherwise permitted or directed by the Township Committee or such other person as may be designated by the Committee for that purpose or in cases where it is possible to drive service pipes beneath the existing pavement without disturbing the same. The sides of the excavations shall, when necessary, be supported by suitable planks and shoring which shall be drawn as the work progresses, unless the Township Committee or such other person as may be designated by the Committee for that purpose shall order the same left in place.
Restoration of trenches and openings shall be as follows:
In the case of an opening in the shoulder of the public street, the top four inches of the trench shall be restored with topsoil, which shall be fertilized and seeded.
In the case of gravel pavement, the top eight inches of the excavation shall be restored with compacted road gravel.
In the case of a bituminous treated gravel road, the trench shall be restored with six inches of compacted road gravel and covered with two inches of bituminous concrete, Type FABC, Mix No. 5.
In all other areas, the surface of the trench shall be replaced in kind.
Backfill requirements; additional restoration requirements; removal of surplus material and rubbish.
All the work of excavation and backfilling shall be prosecuted with all possible vigor, and where paved sidewalks and gutters or curbing are to be crossed, they shall in no case be removed, but the work shall be done by tunneling beneath them. All trenches shall be backfilled by depositing therein the earth in layers of not more than six inches in depth, each thoroughly rammed and, if required by the Township Committee or such other person as may be designated by the Committee for that purpose, flushed with water, or both.
Surplus earth shall not be piled over filled openings so as to interfere with traffic. All old paving material shall be carefully conserved and placed over the trench in as good condition and as near the street grade as practicable, and all surplus material and rubbish of every kind shall be promptly removed by the applicant.
Where excavations are made in tunnels beneath concrete pavement or beneath a pavement having a concrete base, the tunnel shall be backfilled with concrete composed of one part of cement, two parts of sand and five parts of broken stone or washed gravel, or another approved material, stamped in place so that the cavity is completely filled.
Sidewalk construction or restoration. All sidewalks within the Township shall be constructed with concrete in accordance with the Residential Site Improvement Standards, except sidewalks along Route 9 shall comply with the streetscape provisions of the Township which are on file at the Clerk's office.
[Added 7-23-2007 by Ord. No. 2007-11]
Whenever an opening is made in a pavement that is of concrete or in any pavement that has a concrete base, the pavement shall be cut out 18 inches wider than the width of the trench, that is to say, nine inches wider on each side thereof, and the edge of the old concrete shall be cut six inches wider at the top than at the bottom. The new concrete pavement or foundation shall be made two inches thicker than the original concrete and shall be reinforced with No. 10 expanded metal or equivalent wire fabric.
The application shall be in the following form:
I (or we), ____________________ do hereby apply for a permit to dig up, disturb and excavate the surface, soil and material of ____________________ Street at ____________________ for the purpose of ____________________. The dimensions of the intended excavations are as follows: _____ feet long; _____ feet deep; _____ feet wide; and it is estimated that the work proposed hereunder can be completed within _____ days and that there is deposited with this application the sum of _______________ dollars ($_______), to be used as provided for in the ordinance under which this permit is granted, to which terms I (or we) agree.
The permit granted hereunder shall be issued by the Township Clerk, upon the request of the Township Committee or such other person as may be designated by the Committee, and shall be in the following form:
Application having been made by ____________________ of ____________________ to dig up, disturb or excavate the surface and soil of ____________________ Street in the Township of Eagleswood at ____________________ for the purpose of ____________________, and the deposit in such case having been made, permit is hereby granted to the said _______________ to dig up, disturb and excavate the surface of ____________________ Street at the place above-mentioned. Said work to be done shall be performed under the terms and in accordance with an ordinance entitled "An Ordinance Relating to the Making of Excavations and Openings in the Streets and Public Places in the Township of Eagleswood, in the County of Ocean and State of New Jersey."
All excavations, all materials and all piles of excavated materials and new materials used in the work to be performed in any opening for which a permit is used shall be guarded and lighted by the applicant.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.