[Adopted as Ch. 130, Art. III, of the 1994 Code of Ordinances]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
IMPROVED ROAD CLASS A
Any road surfaced with a pavement such as asphalt, concrete, brick or similar pavement, and any road having a concrete base.
IMPROVED ROAD CLASS B
Any road surfaced with stone or slag uniformly deposited in layers, with a total thickness of not less than four inches, where the stone or slag has been compacted by the use of a power roller or other device and bound together by the application of oil.
IMPROVED ROAD CLASS C
Any old macadam or other road surfaced with a light coat of stone and oil, any water-bound macadam road without oil treatment, and any gravel road with oil treatment or with surface coating mixed in place.
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any state or county road or highway over which the Township has acquired jurisdiction by agreement.
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Director of Community and Economic Development and the Department of Public Works.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
B. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun.
C. 
Such permit shall remain in effect for 90 days. Upon application to the Director of Community and Economic Development and the Department of Public Works, the permit may be extended an additional 60 days for good cause shown.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
Application for a permit under this article shall be made to the Director of Community and Economic Development and the Department of Public Works, and shall contain or be accompanied by the following information:
A. 
The name and address of the applicant.
B. 
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Township Tax Map block and lot numbers of the property for the benefit of which the opening is to be made.
D. 
The nature of the surface in which the opening is to be made.
E. 
The character and purpose of the work proposed.
F. 
The time when the work is to be commenced and completed.
G. 
A set of plans in quadruplicate showing the exact location and dimensions of all openings.
H. 
The name and address of the workman or contractor who is to perform the work.
I. 
A statement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of such work.
[Amended 2-8-1995 by Ord. No. 95-006; 4-22-2010 by Ord. No. 10-014]
A. 
Each applicant for a permit under this article shall, before the issuance of the permit, pay to the Director of Community and Economic Development and the Department of Public Works the fees as set forth in Chapter 215, Fees, of the Township Code.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
B. 
A municipal or utility corporation may, in lieu of the payment of the permit fees prescribed in this section, file with the Director of Community and Economic Development and the Department of Public Works an approved bond to the Township in the penal sum of $1,000, conditioned for the complete restoration to the satisfaction of the Township Council of the foundation and surface of any road permitted by the Director to be opened by it.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
C. 
No fee shall be required for any permit to open any street to make an underground conduit extension required by the Township Council because of a proposed improvement to a street.
D. 
No fee shall be required when there is an excavation by the Water Department of the City of Trenton for emergency purposes to repair house service.
[Amended 7-18-2017 by Ord. No. 17-029; 11-20-2018 by Ord. No. 18-055]
A. 
No permit shall be issued under this article until the applicant has filed a bond in an amount determined to be sufficient by the Township Engineer. The Township Engineer may waive the requirements of this section in the case of a public utility upon the presentation of satisfactory proof that the utility is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and by a surety company licensed to do business in the state as surety, and shall be conditioned as follows:
(1) 
To indemnify and hold harmless the Township from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
(2) 
To indemnify the Township for any expense incurred in enforcing any of the provisions of this article.
(3) 
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant or his agents, employees or subcontractors in the course of any work under the permit.
(4) 
Upon the applicant restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Township Engineer.
B. 
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Township Engineer.
Each permittee under this article shall keep each respective opening properly guarded and, at night, cause lights to be placed at the site. In doing the work, the permittee shall interfere as little as possible with traffic along the road and shall not close the road to traffic unless permission has been granted by the Police Division.
A permittee under this article shall hold harmless the Township and its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee or the agents of the permittee in connection with the performance of the work covered by the permit.
[Amended 7-18-2017 by Ord. No. 17-029]
In case the work has not been completed on or before the expiration date of a permit granted under this article, and the permittee has not requested an extension of time, the Director of Community Planning and Compliance and the Department of Public Works may, if deemed advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit was issued. If any extension of time beyond the date is required for the completion of the work, a new application must be filed if the Director so requires.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
Any work for which a permit is issued under this article shall be conducted so as not to interfere with any water main or sewer or any connection from a water main or sewer to any building, unless prior permission for interference has been obtained from the Director of Community and Economic Development and the Department of Public Works. All rock within five feet of any water main, sewer or other pipe which may become damaged shall be removed without blasting. No excavation which may damage trees or shrubbery shall be made without the prior permission of the Director of Community and Economic Development and the Department of Public Works.
[Amended 7-18-2017 by Ord. No. 17-029]
Each permittee under this article shall completely backfill each excavation and replace as great a portion as possible of the matter excavated; compact the material by flushing, tamping or other suitable means; and supply additional material when a deficiency exists. If the Director of Community and Economic Development and the Department of Public Works deems the excavated material unsatisfactory for backfill, the permittee shall backfill the trench with sand, soft coal, cinders or other proper material, which is to be placed in layers not exceeding three inches in thickness, moistened as directed and each layer energetically tamped until thoroughly compacted.
In connection with the restoration of the original pavement in an excavation made by municipal or utility corporations in improved class A and class B roads, the following rules shall govern:
A. 
The foundation shall be restored to a width of 12 inches wider than the width of the trench and six inches longer than the length of the trench.
B. 
The surface pavement shall extend 12 inches wider than the width of the foundation and six inches longer than the length of the foundation.
C. 
In all cases the foundation shall be nine inches thick, composed of cement concrete of a mixture, by volume, of one part cement, three parts sand and five parts stone. Cement concrete foundations shall be slab shape and not less than nine inches in depth.
D. 
Cold-patch asphalt repair is not permitted unless in the instance of an emergency, whereupon cold-patch shall be used as a temporary surface and replaced with hot-mix base to grade asphalt within a fourty-eight-hour period.
[Added 10-3-2023 by Ord. No. 23-037[1]
[1]
Editor's Note: This ordinance redesignated former Subsection D as Subsection E.
E. 
Municipal or utility corporations operating under agreement and bond with the Township must install the restored foundation as well as the restored surface of all openings in improved class A and class B roads. It may be omitted from openings made prior to reconstruction and over openings made in unimproved roads.
[Added 11-20-2018 by Ord. No. 18-055]
A. 
Whenever the Township undertakes any action to provide for the paving or repaving of any street, the Township Engineer shall, within 14 days from the date of adoption of the capital budget by the Township Council, mail a written notice thereof to each person or entity owning sewers, mains, conduits or other utilities 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 no later than six months from the date of adoption of the capital budget by the Township Council, unless the Township Engineer, in his or her sole discretion, allows additional time if warranted. The Township Engineer shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information.
B. 
Within said six months, or additional time if granted by the Township Engineer, 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 to install or repair sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within six months, or additional time if granted by the Township Engineer, 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 his or her successors in interest to make openings, cuts, or excavations in said streets, shall be forfeited for a period of five years after the completion of said paving or repaving. 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 Township Engineer, in consultation with the Director of Public Works, an emergency, as described in Subsection D of this section, 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 six-month period, or additional time if granted by the Township Engineer, so as to avoid the necessity for making any openings, cuts, or excavations in the new pavement in said Township street during said five-year period.
D. 
Newly paved streets. No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period of five years after the completion of said construction, reconstruction or overlay, except in the event of an emergency or hardship as described below. The five-year period as articulated herein shall be calculated from the date construction, reconstruction, or overlaying of said road was completed and run five years thereafter.
(1) 
Emergency opening.
(a) 
In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, the entity shall apply for an emergency street opening permit and the permit request shall be received by the Township Engineer. The Township Engineer, in consultation with the Director of Public Works, shall determine whether an emergency does truly exist. If an emergency exists, the street opening permit shall be issued, provided that the permit applicant restores the street/roadway as provided hereinbelow under Subsection D(4), Roadway restoration.
(b) 
In the event the Township Engineer, in consultation with the Director of Public Works, determines that no emergency exists, then in such event no emergency opening permit shall be issued. If the entity opened a street or roadway absent having a street opening permit, the entity applicant is required to restore the street as described herein under Subsection D(4), Roadway restoration: and must pay the Township $1,000 as liquidated damages for each street opening. The entity applicant is deemed to have accepted this liquidated damages obligation upon applying for the emergency street opening permit.
(2) 
Hardship condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to the above, the Township Engineer may grant relief if all of the following conditions are met:
(a) 
A letter addressed to the Township Engineer is received detailing the hardship and necessity of opening the street in lieu of waiting the prescribed period of time. The letter must contain the following:
1. 
Identification of the property by street address and block and lot.
2. 
Statement of reason for the hardship.
3. 
Type and size of the utility opening.
(b) 
The Township Engineer, in consultation with the Director of Public Works, shall determine whether a hardship does truly exist. If a hardship exists, the street opening permit shall be issued, provided that the permit applicant restores the street/roadway as provided hereinbelow under Subsection D(4), Roadway restoration.
(c) 
A request which includes the extension of a utility main shall not be considered and will be automatically denied.
(d) 
A request based solely on economic savings shall not be considered and will be automatically denied.
(3) 
Appeal. In the event the applicant's request for an emergency street opening permit or hardship condition street opening permit is denied in whole or part by the Township Engineer, in consultation with the Director of Public Works, the applicant may seek a review of the decision by the Township Council by sending a written request to the Township Council within 10 days of the decision, providing to the Township Council the reasons, materials, affidavits, etc., the applicant relies upon to seek an emergency street opening permit. The Township Council shall review the request and render its decision, based upon the written materials submitted by the applicant and the Township Engineer, at the next following regularly scheduled meeting of the Township Council, provided the request is received by the Township Council at least 10 days prior to the meeting.
(4) 
Roadway restoration. In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the Township during the previous five years, the restoration of such roadway shall be made in accordance with the specifications set forth in § 435-15, and such specifications shall be applicable to any person or entity making such restoration.
In cases where it is necessary to resort to tunneling operations to reach the point of connection with any main line, the backfill in the tunnel shall be of rammed cement concrete composed of a mixture of one part of cement to six parts of coarse aggregate material not inferior to cinders.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
Under extraordinary conditions not covered by this article, the Director of Community and Economic Development and the Department of Public Works shall receive a copy of the plan of the permittee for the work regulated by this article and, after an evaluation, set a fee in accordance with the fee schedule set forth in § 435-8.
[Amended 7-18-2017 by Ord. No. 17-029; 4-7-2020 by Ord. No. 20-015]
The Director of Community and Economic Development and the Department of Public Works may make any rules and regulations which it considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provision of this article or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they shall be approved by resolution of the Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.