Township of Cranford, NJ Article VIII Excavations and Openings

§ 367-39 Permit required.

[Amended 8-17-1993 by Ord. No. 93-38]

A. No person shall make an excavation in or upon the surface of any street or pavement in the Township without first having obtained a permit, except as otherwise provided in this article.

B. A separate permit shall be required for each excavation except as otherwise provided in Subsection C of this section.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. The Township Engineer may issue a blanket permit in cases where a permit for more than five openings or excavations in the same unimproved street shall be applied for. Such permit shall become void at the expiration of three months after the date of issue.

§ 367-40 Application for permit; information required.

[Amended 8-17-1993 by Ord. No. 93-38]

Every application, except an application by or on behalf of a public utility company, for a permit to make a street or sidewalk excavation shall:

A. Be made to the Township Engineer on forms furnished by the Township.

B. State the following:

(1) The name of applicant.

(2) The address of applicant.

(3) The occupation of applicant.

(4) The name of the owner of the property in front of which the opening or excavation is proposed to be made.

(5) The purpose for which the opening or excavation is to be made.

(6) The date when the work shall be commenced and the date when it shall be completed.

(7) Such other information as the Township Engineer may reasonably require.

C. Be accompanied by a sketch or drawing designating:

(1) The location and dimensions of the proposed opening or excavation.

(2) The kind of pavement to be disturbed.

(3) The location of trees or structures that might be affected by the opening or excavation.

§ 367-41 Public utility companies.

[Added 8-17-1993 by Ord. No. 93-38; amended 10-19-1993 by Ord. No. 93-55]

No public utility company shall excavate in or upon the surface of, or beneath or below, any street or pavement except with the consent of the Township Committee in accordance with the following:

A. Construction and installation of new structures.

(1) Prior to granting any permit to excavate in or upon the surface of, or beneath or below, any street or pavement in the Township in order to construct posts, poles, towers, pipes, underground lines or pipes, aboveground lines or pipes or other structures above and below ground for the transmission and distribution of electricity of transmission levels in excess of 26,000 volts or natural gas or for the transmission of telecommunications or to supply water, where no such structures are presently in place, a public utility company shall, except in the case of construction or installation of a lateral or service line between a main and meter:

(a) Submit an application to the Township Clerk seeking a permit to excavate and containing a notice of any proposed construction or installation which requires excavation in or upon a public street. Said application shall contain the following:

[1] The exact location of the excavation.

[2] The name and address of the public utility company.

[3] The anticipated date when the excavation and/or installation shall be commenced and the anticipated date when the excavation shall be completed.

[4] A statement that all permits and approvals required by federal and state law, if any, and regulations have been obtained and are in full force and effect.

[5] The purpose for which the construction or installation is to be made.

[6] A statement of the necessity for the construction or installation and an analysis of the feasibility of alternative routes or locations, including costs, to such construction or installation.

[7] A statement as to whether the construction or installation will result in a generation of electromagnetic fields.

[8] A statement that identifies any hazardous substances, as defined by the Department of Environmental Protection, that are to be used, with a report showing those substances as a result of excavation, generated or discharged by the excavation, construction or installation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[9] A full set of construction drawings.

(b) Submit the payment of a fee of $50 along with the application to cover the cost of reviewing the application and the accompanying plans.

(2) Once the application and fee have been submitted to the Township Clerk, the application shall be considered by the Township Committee at a public hearing after public notice thereof and within 90 days of the receipt of the application and fee.

(3) Public notice of the hearing shall be given by publication once a week for two weeks in one or more newspapers published and circulated in the Township, cost to be borne by the utility company.

(4) Notice provided pursuant to this section shall specify the name of the public utility presenting the application, the date and hour of the public hearing when the application will be considered, the date of submission and a description of the proposal contained in the application.

(5) The Township Committee shall, within 90 days after a public hearing, approve or reject an application. An application may be rejected by the Township Committee only on the basis of one or more of the following grounds:

(a) Submission of an application that does not contain an item required and enumerated in Subsection A(1)(a).

(b) The deficiency of the plan for excavation, construction or installation submitted as part of an application. Such deficiency shall be assessed by reviewing the measures proposed to reasonably protect the health, safety and welfare of the residents of the Township.

(6) If an application is rejected by the Township Committee, the public utility company shall not proceed with the proposed excavation. In rejecting an application, the Township Committee shall specify the grounds for such rejection. The public utility company may submit a revised application, without fee, and the Township Committee shall consider said revised application, provided that the notice provisions contained in Subsection A(3) and (4) have been complied with.

(7) If an application is approved by the Township Committee, a resolution consenting to the public utility company's excavation shall be voted upon by the Township Committee. The resolution shall be valid until the excavation, construction or repair is complete, not to exceed one year from the date of approval.

(8) Every person making an excavation in any street pursuant to any permit issued under the provisions of this subsection shall comply with the following conditions:[2]

(a) The conditions enumerated in § 367-46.

(b) Where pavement has been opened, the area opened shall be paved as follows upon completion of the excavation: if a street opening of 150 linear feet or greater is proposed and if the public utility company does not return the street to the condition as existed before the excavation, the public utility company is responsible for repaving the entire street, curb to curb, in the area of the excavation.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Replacement of existing structures. Prior to issuing any permit to excavate in or upon the surface of, or beneath or below, any street or pavement in the Township in order to repair or replace existing posts, poles, towers, pipes, underground lines or pipes, aboveground lines or pipes or other structures above and below ground for the transmission and distribution of electricity or natural gas or for the transmission of telecommunications or to supply water, a public utility company shall, except in the case of a repair or replacement of a lateral or service between a main and meter, comply with Subsection A(1)(a)[1] through [5], inclusive. Once the application fee has been submitted to the Township Clerk, the Township Engineer and the Township Administrator shall issue or deny, by written notice, a permit for such repair or replacement. "Replacement" or "replace," as used in this article, means the substitution of a similar installation having the same function as that which is already in place.

C. Repairs. In the event of an emergency which requires excavation in or upon the surface of, or beneath or below, any street or pavement in the Township in order to repair or replace existing poles, towers, pipes, underground lines or pipes, aboveground lines or pipes or other structures above and below ground for the transmission and distribution of electricity or natural gas or for the transmission of telecommunications or to supply water, a public utility company shall notify the Township Police Department, describing the nature of the emergency and the proposed repair and/or excavation. This requirement shall not apply to any emergency repair to a lateral or service line between a main and a meter.

D. Right of appeal. Nothing under this article is intended to or shall interfere with a public utility company's right to appeal any decision made pursuant to this article to the Board of Public Utilities.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 367-42 Permit fee, deposit and escrow.

[Amended 6-24-1992 by Ord. No. 92-19; 9-15-2009 by Ord. No. 2009-44; 6-23-2015 by Ord. No. 2015-23]

A. The aforesaid permit shall be issued by the Township Engineer. The fee shall be $100 for any opening between the curbline and property line of any street or any opening into the street beyond the curbline. In addition, the excavator shall deposit with the Township Engineer or his designee a certified check, bank check, money order or bond in an amount equal to the cost of restoration, to be computed as the product of the area of the opening at the unit prices. In no event shall the deposit be less than $500 for each excavation. After its completion, the Township Engineer shall inspect the restoration to determine compliance with provisions of this article. If it becomes necessary for the Township to restore the excavation, then the cost thereof shall be charged against said deposit. The Township Engineer is authorized to retain the deposit for a one-year period from date of application.

B. An escrow shall be posted to cover the cost of inspection services regarding the pavement restoration. Said escrow will be set by the Township Engineer. The minimum amount shall be $500 and it shall be replenished when it reaches 25% of the initial deposit.

C. The unit prices for the excavation deposit shall be as follows:

(1) Concrete pavement, asphalt, brick, stone block or other materials on a concrete foundation: $150 per square yard.

(2) Bituminous concrete or bituminous macadam on a crushed stone or telford base or on stone block on sand foundation: $100 per square yard.

§ 367-43 Issuance of permit; notice to Township Engineer.

[Amended 6-23-2015 by Ord. No. 2015-23[1]]

Permits shall be issued by the Township Engineer and the amount of the fee paid as specified in § 367-42 shall be shown thereon. Before the street is excavated or opened, the permittee shall notify the Municipal Engineer in writing, which may be by fax or e-mail, not less than seven days before undertaking any excavation or opening in a public right-of-way in the Township.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 367-44 Limitations on permit; opening streets less than five years old.

[Amended 6-23-2015 by Ord. No. 2015-23]

A. The work of opening or excavating to be done under permits issued pursuant to this article shall be commenced within 30 days after the date of the permit, otherwise the permit shall become void and the holder thereof shall become entitled to the return of the fee paid less the charge of $25. After commencement of the work, the same shall be diligently prosecuted to completion.

B. The permit shall not be assigned or transferred except upon the prior written consent of the Township Engineer or his designee.

C. No permit shall be issued for a newly constructed or substantially improved street for a period of five years from the date of acceptance of such construction except in cases of emergency as described in § 367-52, Emergency conditions. Ninety days prior to the start of construction of permanent pavement on any street, the Township Engineer or his designee shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Chief and the Fire Chief of such construction and of the provisions of this section. Sidewalks shall be exempt from the provisions of this section.

D. For any applicant to open any paved or improved street surface which is less than five years old, the Township Engineer or his designee shall be required to secure approval therefor from the governing body by resolution before any permit can be approved hereunder.

E. Charges.

(1) Should an applicant be granted a permit to open the paved street as described hereinabove in Subsection D, there shall be a charge for said opening, except in the case of emergencies as described § 367-52, Emergency conditions. The charge shall be on a sliding scale determined as follows:

(a) Assessment: $1,000.

(b) Area of road cut in square feet x $5 = varies.

(c) Total Subsection E(1)(a) and (b) = varies.

(2) The assessment factor is 2% of the above total for each unelapsed month or fraction thereof of the five-year (sixty-month) restricted period. The maximum assessment shall be 120% of the above total; provided, however, that no assessment hereunder shall be less than $500. Inspection and permit fees set forth herein are payable in addition to the assessment charge(s) set forth herein pursuant to § 367-42. No portion of the assessment charge shall be refundable nor shall such assessment payment relieve the permit holder from the required insurance(s) for the restoration of all road openings in "new street" pavement. All restoration hereunder shall include restoration to new street condition as required by the Township Engineer which may include infrared pavement repair.

§ 367-45 Work performed by or for Township.

[Added 8-17-1993 by Ord. No. 93-38]

This article shall not be construed to require a permit for street openings or excavations by any person performing work under or in connection with a contract with or for the Township.

§ 367-46 Regulations.

Every person making an opening or excavation in any street pursuant to any permit issued under the provisions of this article shall comply with the following conditions:

A. Openings and excavations shall be protected with proper barricades while open and with lights at night.

B. No opening or excavation shall remain open for a period longer than five days.

C. Backfill shall be tamped in eight-inch layers or puddled, as directed by the Township Engineer.

D. Broken pavement shall be retained separate from excavated earth and shall be replaced on top of the earth backfill and the surface brought level with the adjacent street surfaces.

E. Where pavement shall be opened, it shall be cut six inches wider, on each side, than the width of the opening or excavation.

F. In cases where deemed necessary by the Township Engineer and by him ordered, sheathing shall be placed in the opening or excavation to protect the walls and the adjacent roadway. When directed by the Engineer, such sheathing shall remain in the opening permanently and shall be cut off 30 inches below the level of the surface of the street.

G. In cases of openings or excavations in which sewer pipe is to be laid, if, in the opinion of the Township Engineer, the bottom of the opening or excavation shall not be sufficiently stable to support such pipe properly, stone or concrete base shall be laid as the Township Engineer shall direct, such base to be in conformity with the Township's standard sewer specifications.

H. Tunneling shall be permitted only with the approval and permission of the Township Engineer. Dirt and materials excavated from tunnels shall be removed and disposed of, and the backfill for tunnels shall consist of cinder concrete, composed of one part cement and eight parts cinder, mixed sufficiently dry to allow thorough tamping so that the excavation shall be solidly and completely filled.

I. The person to whom a permit is issued shall maintain the backfill of the opening or excavation in a safe and passable condition for a period of six months after the date of the permit. By accepting such permit, the permittee shall assume full responsibility for the safety of the public in its relation to such opening or excavation and shall save the Township harmless from all liability.

J. All work performed in accordance with permits issued under this article shall be constructed, removed, replaced, or repaired in accordance with such grades and specifications as may be determined or promulgated by the Township of Engineer, and the permittee shall perform the work so as to meet the grade and alignment of the adjoining sidewalk, curb, and driveway and/or such established line and grade as may be determined by the Township Engineer, and in accordance with the latter's directions.

[Added 6-23-2015 by Ord. No. 2015-23]

K. All street openings, excavations, and restoration thereof shall be made under the supervision and control of the Township Engineer and subject to his inspection. The Township Engineer shall not be required to inspect any work done under the provisions of this section unless the permittee shall have given not less than 48 hours' notice that said work is ready for inspection.

[Added 6-23-2015 by Ord. No. 2015-23]

L. Restoration. The permittee shall restore the site or work promptly, upon completion thereof, all surplus excavated material and debris to be removed, and shall restore the site of the work in a neat and orderly condition. Where topsoil, seeded areas or sod is disturbed in the course of the work, the permittee shall restore the ground surfaces to a condition the same as they were previously. The Township Engineer shall approve the method of restoration which may include infrared pavement repair.

[Added 6-23-2015 by Ord. No. 2015-23]