[Adopted as Title 12, Ch. 12.04, of the 1998 Township Code; amended in its entirety 3-24-2015 by Ord. No. 2015-1]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person who makes application for a permit.
CLERK
The Clerk of the Township of Edgewater Park or his duly authorized deputy.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
The person duly appointed Township Engineer, his authorized deputy, representative or inspector.
PERMITTEE
Any person who has been issued a permit and is obligated to fulfill all the terms of this article.
PERSON
Includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to statute. Whenever used in any section prescribing and imposing penalty, the term "person" as applied to associations shall mean the partners and members thereof and as applied to corporations, the officers thereof.
STANDARD SPECIFICATIONS
The New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961.
STREET
Includes the public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township and any state or county road over which the Township may have acquired jurisdiction by agreement.
TOWNSHIP
The Township of Edgewater Park, County of Burlington, State of New Jersey.
It is unlawful for any person to tear up, dig into, break up, displace or excavate any of the streets, sidewalks, curbs or gutters in the Township without first obtaining a permit therefor from the Township Clerk.
A. 
The application for a permit to make an opening or excavation in any street shall be in writing, dated and signed by the applicant, and shall state the road or street proposed to be opened or excavated and the object and purposes thereof and shall also indicate the exact location, by length, width and depth, of said intended excavation.
B. 
In cases where the proposed opening involves construction of a longitudinal pipe main serving more than one property, the Township may also require the applicant to submit plans showing the information required above and also the relationship of the proposed installation to the existing pavement, other utilities, the street right-of-way lines, and any other physical features which might be affected by the proposed construction.
A. 
Before the issuance of any such permit, the applicant shall deposit with the Clerk of the Township the following amounts:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
A minimum cash guarantee as established in Chapter 240, Fees, which shall cover an excavation no larger than 50 square feet in area;
(2) 
An additional amount for all street openings in excess of 50 square feet to be computed as follows:
(a) 
Paved streets, including shoulders, per square foot: as established in Chapter 240, Fees.
(b) 
Gravel streets, with no treatment or pavement, per square foot: as established in Chapter 240, Fees.
(3) 
An additional amount, based on the unit prices in the preceding Subsection A(2) of this section, if the area actually excavated exceeds that estimated at the time application was made. This amount guarantee shall be retained by the Township for a period of one year from the date of the reconstruction of the road to guarantee the proper performance of the work done by the applicant and the maintenance thereof in good condition by the applicant during this time period.
B. 
Applications for excavations less than 100 square feet and not proposing new stormwater, potable water or sanitary mains or structures require a sketch plan prepared by an individual knowledgeable in roadway and utility construction indicating all existing and proposed improvements within the Township right-of-way. The plan shall address the method, materials and means by which the excavation is to be restored.
C. 
Application for excavations exceeding 100 square feet or proposing new stormwater, potable water or sanitary sewer mains or structures require a design plan signed and sealed by a licensed engineer. The plan shall indicate all existing and proposed improvements within the Township right-of-way, provide the method, materials and means by which the excavation is to be restored and include the requisite design data and calculations to support the proposed design.
A. 
In addition to the above cash guarantee, the applicant shall pay a nonreturnable fee as established in Chapter 240, Fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
The fee shall be used to pay the cost of personnel employed to process the applications and permits and to inspect the work performed. If at any time it becomes evident that the fees are or will be insufficient to cover the costs, the permittee shall pay to the Clerk such additional fees as certified by the Township Engineer as required to meet the costs of the processing and inspection.
When the amount of the cash guarantee as determined under § 455-4 would exceed $1,000, the applicant may, at his option, furnish a guarantee bond with corporate surety for the full amount of such cash guarantee instead of making the required cash guarantee. Said bond will unconditionally guarantee that the applicant will make the proposed street opening, backfill same and restore the pavement in accordance with requirements of the Township and maintain same for a period of one year from the date of the resurfacing of said road.
A. 
When the applicant is a public utility as defined by the statutes of the State of New Jersey, the Township may accept, in lieu of the required cash guarantee previously set forth herein, a guarantee bond to the Township in the sum set forth in Chapter 240, Fees, plus a permit pursuant to § 455-5, Permit fees, above. Such bond shall guarantee payment of the amount that would have been deposited in the event of failure of the applicant to comply with this article. Such bond shall guarantee that the public utility will make the proposed street opening, backfill the same, and restore the pavement in accordance with the requirements of the Township. Such bond shall also include the one-year guarantee set forth in § 455-4. The Township, at its option, may accept a corporate bond. Where the estimated cost of restoration exceeds the sum set forth in Chapter 240, Fees, the public utility shall supply an additional bond to cover such expenses. Said bond shall not be considered to be filed until it is approved and accepted by resolution by the Township Committee. In the event that after proper filing of a bond by a public utility as aforesaid said public utility shall fail to abide strictly by the provisions of this article, the Township Committee may, by resolution, without prior notice to the public utility, revoke any privileges for street opening which may have previously been granted under its guarantee bond and revoke said bond and return it to the public utility, and require cash guarantees for all future street openings made by said public utility as well as cash guarantees for all openings not properly restored as of the date of revocation of said bond.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
The public utility shall restore any road opening in accordance with § 455-14 herein. In those cases where the Township Engineer, upon inspection, determines that the opening, based upon his experience and expertise, will be one out of the ordinary due to the underground conditions or work involved, or where the proposed opening involves construction of a longitudinal pipe main serving more than one property, or in any case where the area to be opened exceeds 500 square feet, applicant shall also pay the actual cost of inspection or inspections. The utility company shall post a cash escrow for any inspections. The cash escrow shall be determined by the Township Engineer.
A. 
When the applicant is a Township municipal utility authority or sewerage authority, the Township Committee may waive any or all of the requirements of this article.
B. 
When the applicant is a subdivider, where escrow funds or other suitable guarantee for complete reconstruction of any existing road has been provided and where proper approvals for all proposed work have been obtained, the Township Committee may waive the requirements of this article.
C. 
When the applicant is a contractor performing work for the Township or the Edgewater Park sewerage authority, the Township Committee may waive the requirements of this article.
Any person making any opening or excavation in any street in the Township shall carry out the work as expeditiously as possible and in such manner as to cause the least possible public inconvenience and to permit the use of the sidewalks by pedestrians, the roadway by vehicles and the flow of water along the gutters.
All openings, diggings, excavations, piles of material, equipment and barricades, including earth, dirt, and stone or other materials removed from the excavation, shall be carefully guarded at all times to prevent accidents, and a sufficient number of lighted lanterns, flares or torches shall be maintained between sunset and sunrise by the contractor or persons to whom such permit has been granted, to designate such openings or obstruction during the hours of darkness. Where any excavation or trench is to extend across any road or street, only 1/2 of the same shall be made at one time, and it shall be properly backfilled before the other 1/2 is excavated, so as not to interfere with traffic.
All existing pavements, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits or other installations or fixtures and property likely to be injured, damaged or destroyed shall be properly protected by the person doing any work for which a permit has been granted during the time when such work is being performed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The work on any opening to be made under any such permit shall be commenced within 10 days from the date of such permit and the work prosecuted with due diligence to its completion. If, for any reason, work is not commenced within said period of 10 days, the applicant shall present the permit to the Township Clerk who shall thereupon either return the cash guarantee required under § 455-4 or extend the time for the beginning of the said work for another period of 10 days by endorsement on the permit, and no permit so extended shall be valid unless the work thereunder is commenced within 10 days from the date of such endorsement. If work is not commenced within the extended period of time, the cash guarantee required under § 455-4 shall be returned to the applicant.
In the case of any opening which restricts vehicular traffic to less than two ten-foot-wide travel lanes, excavation and backfill shall be made within a single eight-hour period, except under special occasions or circumstances where underground conditions or structures warrant a longer period of time. In other cases, it shall be made within one week's time, except where underground conditions or structures warrant a longer period of time. Street openings shall be resurfaced within the period of time designated by the Township Engineer at the time he inspects the backfilling operation, having due regard to the type of street involved and the volume of vehicular traffic which uses the same. Prior to resurfacing, the backfill shall be maintained in order to prevent depressions or bumps in the street surfaces and suitable material shall be applied thereto to keep down dust.
A. 
Whenever any sidewalk, curb or gutter is broken up or excavated, it shall be restored to its proper condition as soon as practicable by the person having broken up or excavated, at his or her own expense, to the satisfaction of the Township Engineer.
B. 
Any person making any opening or excavation shall resurface all such openings and backfill them in accordance with the following procedure, so the roadway or surface is replaced in a condition as near as possible as it was prior to the opening or excavation:
(1) 
All fill material shall be deposited in layers not exceeding 12 inches and each layer shall be rammed or tamped with pneumatic or power-driven mechanical tampers approved by the Township Engineer.
(2) 
Broken or crushed stone to be used in replacing the stone base shall be cast in separate piles and kept clean and separate from other excavation material and shall be carefully replaced to a minimum thickness of eight inches. The stone base shall be tamped and keyed with mineral filler.
(3) 
The trench shall be, when filled, level and flush with the finished grade of the street adjacent to the opening. A temporary patch shall be constructed by the permittee, consisting of two inches compacted thickness of cold patch material, Grade A or Grade B, as defined in the standard specifications. The temporary patch shall be constructed within 24 hours after tamping of the backfill.
(4) 
No permittee shall commence the restoration of any street until the Engineer or his representative has deemed that settlement of the subsurface is complete and the area properly prepared for restoration. All foundations shall be restored to a width six inches wider than the width of the excavation and six inches longer than the length of the excavation. The street surface shall be restored to a width six inches wider than the width of the restored foundation and six inches longer than the length of the restored foundation. All foundations and surfaces shall be restored with the same type of material and to the same depth as existed prior to making the excavation in accordance with the requirements of the standard specifications, except that the minimum repair for any street where existing base consists of gravel or native soil shall be six inches of compacted soil aggregate, Type 2, Class A and B, and two inches of cold patch material, Grade A or B, as defined in the standard specifications.
C. 
For all road openings exceeding 25 feet, a special restoration, including, but not limited to, a full width mill and overlay or half width mill and overlay, may be required at the discretion of the Township.
In the event that the permittee shall fail to properly excavate, backfill or restore the street, sidewalk, curb or gutter involved to its proper condition as soon as practicable and within three days after the service or mailing of a notice from the Township Engineer so to do, then the Township Engineer may cause such restoration to be made and pay the cost thereof from said cash guarantee or, in case a bond has been filed in lieu of a cash guarantee, the Township shall collect the cost of such restoration from the permittee. If, during such period of one year, the filling of the opening shall require repairing and the permittee shall fail to make such repairs as are required within three days after the service or mailing of a notice from the Township Engineer so to do, then the Township Engineer may cause such repairs to be made and pay the cost thereof from said cash guarantee or, in case a bond has been deposited in lieu of a cash guarantee, the Township shall collect the cost of such repairs from the permittee. When the work has been completed in accordance with the requirements and regulations as contained herein and as may from time to time be adopted by the Township to implement this article, the cash guarantee or such portion of the cash guarantee which may remain will be refunded to the permittee.
A. 
No ditch shall be dug within 10 feet of any street without first obtaining the approval of the Engineer, which approval shall not be given unless, in his opinion, the ditch will not endanger the construction of the road which it will adjoin.
B. 
No existing ditch adjoining a street and within 10 feet thereof shall be excavated to a depth lower than that now existing without first obtaining the approval of the Engineer, which approval shall not be given unless, in his opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.
In the event of an emergency where circumstances will not warrant delay to first secure a street opening permit, a street may be opened without a permit; provided, however, that such opening shall be confined in size to the area necessary to take care of the emergency. A street opening permit for said emergency opening plus any additional area that it may be necessary to open shall be secured before the close of business on the next business day of the Township following the opening. Each day's delay in securing the street opening permit following an emergency street opening shall be deemed a distinct and separate violation of this article.
All newly reconstructed, resurfaced or repaired Township roadways are subject to a five-year road opening moratorium as stipulated in §§ 455-19 through 455-22 below.
A. 
When the Township Committee enacts any ordinance or resolution providing for the paving or repaving of any street, the Township Clerk shall promptly mail a written notice thereof to each person owning sewers, mains, conduits or other utilities in or under such street or any real property, whether improved or unimproved, abutting such street. Such notice shall advise such persons that no excavation permit shall be issued for openings, cuts or excavations for a period of five years from the date of completion of such improvements.
B. 
The Township shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structure abutting such street for their information and to state agencies and departments or other persons who may desire to perform excavation work in such street.
Permits for work to be done prior to any paving or repaving shall be submitted promptly, in order that the work covered by the excavation permits may be completed no later than 45 days from the date of enactment of such ordinance or resolution.
A. 
Within 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this section, as may be necessary to install or repair sewers, mains, conduits or other utility installations.
B. 
In the event any owner of real property abutting such street shall fail within 45 days 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/her successors in interest, to make openings, cuts or excavations in such street shall be forfeited for a period of five years from the date of enactment of such ordinance or resolution. During such five-year period, no excavation permit shall be issued to open, cut or excavate in such street, except as provided for in accordance with § 455-22.
A. 
Excavation permitted. If, in the judgement of the Township, an emergency, as described in Subsection B below, exists which makes it absolutely essential that the repairs be undertaken, excavation may be permitted.
B. 
Emergency defined; approval required. In the event of any emergency in which a sewer or water main, sewer or water lateral, conduit or underground utility of any kind or description in or under any street, breaks, bursts or otherwise is in such conditions as to immediately endanger property, life, health or the public safety, the person owning or controlling such utility shall obtain the verbal approval of the Township before taking emergency measures to cure or remedy the dangerous condition.
C. 
Permit required; time for application; repairs pending issuance. The person owning or controlling the utility shall apply for an excavation permit, as provided herein, on the first business day on which the Township Clerk's office is open for business after the occurrence of the emergency. Permanent repairs shall not be made until an excavation permit has been obtained.
D. 
Special restoration. In the event that emergency excavation of any road, street, avenue or highway of the Township or any portion of the right-of-way is required within the five-year period following paving or repaving of such, special restoration of the roadway may be required, including but not limited to full width milling and overlay of the road, as determined by the Township Engineer.
E. 
Additional fees. An additional fee as set forth in Chapter 240, Fees, for emergency excavation of any road, street, avenue or highway of the Township or any portion of the right-of-way, will be required to paid in addition to the standard application fee as defined in § 455-5.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person violating any of the provisions of this article or part thereof shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park.
A. 
The applicant shall maintain such insurance as will protect him and the Township from claims under the Workmen's Compensation Acts and from claims for damage to property and injury or death to persons. Such property damage insurance shall be written for not less than $25,000 and for personal injuries or death not less than $100,000 per person and $300,000 per occurrence. Evidence of such insurance shall be presented to the Township Clerk before any permit may be issued.
B. 
The applicant shall agree by acceptance and receipt of the permit to save and indemnify and keep harmless the Township against all liability claims from accidents to persons or property arising from the road opening or reconstruction of the road and to defend any suit that may be brought against the Township relating to the opening of the road or resurfacing of same.