[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-15-1968 (Ch. 89, Art. I, of the 1977 Township Code)]
[Amended 11-7-1973 by Ord. No. 10-73[1]]
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:
A.
For repaving openings made in concrete pavements, a sum for each
square yard of surface to be repaved.
B.
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.
C.
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.
D.
For repaving openings made in gravel pavements, a sum per square
yard of surface to be repaved.
E.
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]
A.
All openings shall be made and all excavations and backfilling shall
be done by the applicant.
B.
Excavation requirements.
(1)
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.
(2)
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.
C.
Restoration of trenches and openings shall be as follows:
(1)
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.
(2)
In the case of gravel pavement, the top eight inches of the excavation
shall be restored with compacted road gravel.
(3)
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.
(4)
In all other areas, the surface of the trench shall be replaced in
kind.
D.
Backfill requirements; additional restoration requirements; removal
of surplus material and rubbish.
(1)
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.
(2)
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.
E.
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.
F.
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:
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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.
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(Signed)
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Dated:
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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:
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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."
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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.
