Borough of Penns Grove, NJ Article V Street Openings

[Adopted as Art. 3 of Ch. 23 of the 1968 Revised Ordinances; amended in its entirety 6-4-2014 by Ord. No. 2014-6 (Ch. 189, Art. V, of the 1986 Code)]

§ 395-27 Prerequisites to opening streets.

No person, firm, partnership or corporation shall open or dig a trench in any public road, street, highway or sidewalk of this Borough without having first:

A. Made a written application therefor to the Borough of Penns Grove in the County of Salem on forms to be provided by the Borough and supplied a map or sketch of the project to the Borough.

B. Paid the proper fee and escrow to said Borough for such opening or trench, in the amount specified by § 395-31.

C. Provided the Borough cash, a letter of credit or surety company bond, in the amount specified by § 395-30, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the permanent closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond but shall not be less than $50. A utility company may, in lieu of giving a separate performance bond and separate maintenance bond on each project, keep in continuing effect and posted with the Borough Clerk a combination performance and maintenance bond or letter of credit for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this article and shall be approved as to form by the Borough Solicitor.

D. Received from the Borough a written permit for the specific opening or trench.

§ 395-28 Permit required to open right-of-way areas.

No person, firm 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, sidewalk or right-of-way until a written permit for such opening or trench has been issued by the Borough.

§ 395-29 Permittee's responsibilities; construction standards.

Each permittee shall accomplish each of the following items with respect to each opening or trench for which the permittee is responsible. The permittee shall:

A. Have the trench or opening dug within 60 days after the permit aforesaid is granted.

B. Have the material which is taken from the opening or trench placed so as not to interfere with public use of the roadway and/or sidewalk areas.

C. Have proper and ample guards, barricades, signs and lights maintained on the site to sufficiently warn users of the road, street or highway of the dangers attendant to the project, from the time the excavation is begun until the time the opening or trench is completely restored and completely reopened to public travel. The contractor is required to perform work and traffic control in accordance with New Jersey Department of Transportation (NJDOT) standards and the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation.

D. Assume full liability for any and all injuries caused by the negligence of the permittee or the employees or agents of the 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 with semipermanent materials immediately thereafter. Said period shall not exceed 30 days.

F. Comply with the following standards hereby adopted in this Borough for such openings and trenches in public roads, streets and highways:

(1) Protection for 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 Borough Engineer.

(2) Protection from suits. The permittee shall also save harmless said Borough of Penns Grove, 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 and semipermanently patched immediately, and the pavement shall be permanently restored within 60 days. In case the work has not been completed before the day of expiration, as shown on the permit, and the permittee has not requested an extension of time, the Borough Council may take steps to restore 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 Borough Engineer.

(4) Maintenance. The restoration of the opening or trench shall be maintained by the permittee for one year after completion.

(5) Excavation.

(a) The permittee shall give a forty-eight-hour notice to the Borough Clerk and Engineer or their duly authorized assistant prior to making an opening, except in case of emergency.

(b) No excavation work may commence until all existing utilities underground are marked out in accordance with the Underground Facilities Protection Act, better known as the "One-Call Law," established in October 1994.[1] No opening shall be commenced on a Saturday, Sunday or holiday, except in case of emergency.

[1] Editor's Note: See N.J.S.A. 48:2-73 et seq.

(c) On a bituminous-surface-treated road, the edges of the opening shall be saw cut straight through the bituminous surface before the trench is excavated.

(d) The work shall be so conducted as not to interfere with the water, sewer or other utility mains or any connections with buildings until permission of the proper authorities shall have been obtained. No excavation which will damage trees shall be made without the approval of the Borough Engineer.

(6) Backfilling. The permittee shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by using mechanical tamping equipment, and supply additional material when there is a deficiency. Whenever the Borough Engineer or his duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall backfill the trench with select backfill material, Zone 3, compacted, and shall remove all excess material from the premises. The material shall be placed in layers not exceeding six inches in thickness, moistened where and as directed, and each layer mechanically 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 any opening or trench in the earth shoulder, the permittee shall restore the top four inches of the trench or opening with topsoil with sufficient organic material capable of supporting the growth of grass and shall fertilize, seed and mulch the surface.

(b) In the case of a gravel pavement, the permittee shall fill the top 12 inches of the excavated trench or opening with compacted, state-approved I-5 road gravel.

(c) In the case of a 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 mix asphalt (HMA).

(d) In the case of a gravel-based bituminous concrete road, the permittee shall restore the surface with six inches of compacted, state-approved I-5 road gravel covered with two inches of hot mix asphalt base, Mix 19M64, and two inches of HMA, Mix 9.5M64, top pavement or surface and base similar to existing road, whichever is greater.

(e) In the case of a bituminous-treated gravel road, the permittee shall restore the surface with 12 inches of compacted, state-approved I-5 gravel covered with two inches of HMA, Mix 9.5M64.

(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 Borough Engineer.

(g) In the case of any special condition, the permittee shall restore the trench or opening as directed by the Borough Engineer.

(h) In any case, if the Borough is required to restore the pavement, the final charges, based on the schedule of costs, shall be billed to the permittee on the completion of the work by the Borough.

§ 395-30 Bond; guarantee.

A. Each applicant for a permit for such opening or trench shall post cash, letter of credit or surety company bond with the Borough to cover the estimated costs of closing the particular opening or trench for which the application is being made, according to the Borough Engineer.

B. Each such letter of credit, surety bond or cash shall be executed by the permittee as principal therein. The surety company shall be the surety therein, which surety company shall be one licensed to do business in the State of New Jersey.

C. Upon completion of the project by the permittee and the restoration of the public road, street, highway or sidewalk, in accordance with this article, the permittee shall receive back his performance guarantee upon proper written application therefor and upon approval thereof by the Borough Engineer and upon posting of the maintenance bond, letter of credit or cash described in § 395-27C.

§ 395-31 Permits fees and escrow.

A. Each applicant for a permit shall pay a fee of $100 for such permit and $250 for the permit review by the Borough Engineer. Said permit fee shall be nonrefundable and shall be utilized to defer the administrative costs of the Borough.

B. In addition to the fee set forth herein, each applicant shall post an inspection escrow with the Borough Chief Financial Officer. Said escrow shall be in an amount determined as follows: the sum of $500 plus $2 per square/linear foot of surface opened in concrete or bituminous surface or $500 plus $1 per square foot of surface opened in earthen surfaces. Said escrow account shall be utilized to pay all professional services which shall be required in order to administer this article as it affects the proposed street/sidewalk opening, including engineering, legal and other expenses connected with the application. Sums not utilized shall be returned to the applicant once permanent paving has been in place for one year and is deemed in satisfactory condition by the Borough Engineer and release of the maintenance bond required pursuant to § 395-27C. If the applicant shall post such escrow but not proceed with the street opening as anticipated, the escrow shall be returned, less any charges made against said escrow, upon the abandonment or expiration of the permit.

C. If the Borough Engineer determines that the escrow fund, as posted by the applicant, is insufficient to pay for engineering, legal and other expenses, then the applicant shall be required, upon written notice, to provide such funds as the Borough Engineer shall determine to be necessary to pay said costs. Upon notification, in writing, the applicant shall post said amounts within five business days. Failure to post the requested escrow shall result in the revocation of the permit.

D. The fee and escrow required under the provisions of this section shall accompany the application made when it is initially filed with the Borough or its representative.

§ 395-32 Escrow account for public utility.

A. "Public utility," as used in this article, shall mean any public or quasi-public agency or entity under the jurisdiction of the Board of Public Utilities.

[Amended 7-5-2017 by Ord. No. 2017-5]

B. In order to satisfy the escrow requirements which are otherwise stated in § 395-31B, a public utility may post an escrow with the Borough Chief Financial Officer in the amount of $1,000 for repair or installation of services. Said escrow account shall be utilized to pay for all professional services which shall be required to administer this article as it affects the proposed street opening.

C. Said escrow shall be administered by the Borough Chief Financial Officer as follows: Whenever engineering, legal or other services are rendered in connection with an application made by the public utility, said expenses shall be paid from the escrow posted by the public utility. Notice of such payment shall then be provided, in writing, to the public utility. Said notice shall advise the public utility as to the service rendered, the date the service was rendered and the location of the street opening. The public utility shall then reimburse the escrow in an amount equal to the expenses paid from the escrow. Said reimbursement shall be made within 30 days of the date that notice is provided to the public utility.

D. In the event that a public utility does not post an escrow of $1,000 in accordance with this section, the public utility shall be required to abide by the provisions of § 395-31B, C and D. If the public utility fails to make reimbursement in accordance with Subsection C of this section in a timely fashion, notice of such failure shall be provided to the public utility, and, thereafter, the public utility shall be required to abide by the provisions of § 395-31B, C and D.

E. In the event that there shall be a dispute between the Borough and the public utility as to the validity of any charge or expense paid from the escrow established under this section, notice of such must be provided by the public utility to the Borough Chief Financial Officer within 30 days of the date that the public utility receives notice of the charge or expense which is disputed. Any dispute shall be resolved by the Borough Council in its sole discretion.

F. In the case of utility main replacements or extensions, the applicant shall post an escrow with the Borough Treasurer in the amount of 3% of the approved cost of construction. Said escrow account shall be utilized to pay for all professional services which shall be required in order to administer this article of the Borough of Penns Grove Code as it affects the proposed street/sidewalk opening, including engineering, legal and other expenses connected with the application. The applicant shall pay the permit fee and application by two separate checks to the Borough.

§ 395-33 Duties of Borough Engineer.

Unless otherwise directed by the Borough Council, the Borough Engineer shall be the agent and representative of this Borough to:

A. Review and approve road opening applications.

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 the respective sites by the permittee.

D. Inspect the closing of openings or trenches and the restoration of public roads, streets and highways.

E. Notify the permittee and the Borough Council of any failure, refusal or neglect on the part of the permittee or his employees or representatives to comply herewith.

F. Inspect the trench opening at the end of the maintenance period, report any discrepancies, coordinate with the permittee to address discrepancies and make recommendation to release the bond/guarantee upon proper completion of the work.

G. Administer the provisions of this article for and on behalf and in the name of this Borough, under the direction of and for the Borough Council.

§ 395-34 Responsibility for damages.

Nothing in this article shall be 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.

§ 395-35 Violations and penalties.

[Amended 7-5-2017 by Ord. No. 2017-5]

Any person, firm or corporation violating any provision of this article shall be punishable by one or more of the following: imprisonment in the county jail for a term not exceeding 90 days, a fine not exceeding $2,000, or a period of community service not exceeding 90 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons or entities allowing or permitting the continuation of the violation may be punished for each separate offense.