[Adopted 8-9-1962 (Ch. 120 of the 1981 Code); amended in
its entirety 5-17-2018 by Ord.
No. 2018-12]
It shall be unlawful for any person or persons, firm or corporation
or any agent, servant or employer of any such person or persons, firm
or corporation, on or after the effective date of this article, to
dig up and excavate or make any opening in any street, road, avenue
or highway owned or under the jurisdiction of the Township of Marlboro,
or in any portion thereon, within the territorial limits of the Township
of Marlboro for any purpose whatsoever without first having obtained
a written permit on such forms as shall be approved by the Township
and upon compliance with the provisions of this article. An application
for a permit shall be made to the Municipal Engineer of the Township
of Marlboro. All permits shall be approved by the Municipal Engineer
and Public Works Director. Permits shall be issued for a period not
to exceed six months. Expired permits may be renewed upon written
request.
Every applicant for a permit for a street opening in accordance with §
326-1 on a form designated by the Township, which shall contain the following information:
A. When the work shall begin, how long the trench shall be open, what
distance from the center of the road, curb or edge of pavement shall
the trench be dug and a diagram pertaining thereto, a description
of any special conditions, the name of a person and address of one
who may be served with any notice as provided in this article and
such additional information as the Municipal Engineer shall require.
B. The application shall further provide that the applicant agrees to
open no greater part of the road, street or highway at any time than
shall be approved by the Municipal Engineer.
C. Every application shall be submitted with a fee of $100. For services
and inspections made by the Township of Marlboro, the Township of
Marlboro shall be entitled to an inspection fee in addition to the
permit fee of $100. The inspection fee shall be calculated as follows:
$8 per linear foot measured along the longest section of the cut for
the first 50 linear feet; $3 per linear foot for the next 150 linear
feet; $1.50 per linear foot for the next 300 linear feet; and $1 per
linear foot thereafter [after 500 linear feet]. However, in the case
of standard square openings measuring three feet by three feet, the
fee for services and inspection shall be $150. In addition to the
application and inspection fee, a returnable deposit of the greater
of $500 or $25 per square foot is required. Said deposits shall be
paid by certified check made payable to the Township of Marlboro and
shall be held until the work has been completed and approved and accepted
by the Municipal Engineer for the Township of Marlboro. At the time
of completion and acceptance of the final road restoration, the deposit
shall be returned. The acceptance of said work and the approval thereof
by the Municipal Engineer shall be indicated by his written approval
and acceptance.
(1) In lieu of deposit required in §
326-2C, a public utility may substitute a surety bond, cash bond or letter of credit running to the Township of Marlboro in the amount of $20,000 for minimum deposits. Public utilities will then prepay inspection fees at the time of the filing of an application pursuant to §
326-2C.
(2) New or replacement of curb/driveway apron: Inspection fee per opening
for each curb/apron provided for in the road opening permit shall
be $150.
D. In the event that the work shall not be satisfactorily completed
in accordance with the provisions of this article and is, therefore,
not accepted by the Municipal Engineer within six months of completing
the excavation, the Township may do the necessary work, at its election,
to complete the same, and the cost thereof shall be deducted from
and out of the deposit money so posted, as aforesaid required; and
upon the completion of the work by the Township and within two weeks
thereafter, the final charge made therefor will be billed to the permittee,
and the original deposit, to the extent that it will pay the same,
will be credited against the total cost, and in the event that the
deposit exceeds the amount of the total cost, the amount left over,
or the surplus, will be returned to the permittee.
E. The cost to the Township for doing said work shall be on the basis
of and according to the following schedule of costs, namely:
(1) The cost to the Township shall be on the basis of and according to
a computation to be made by the Municipal Engineer, which shall include
the actual cost of all material and labor incurred by the Township
in connection therewith, plus an additional 10% to cover the service
rendered by the Township and the overhead in connection therewith.
(2) The Municipal Engineer may delay any approval and acceptance as provided
herein for a sufficient period of time to allow the fill in any opening
to settle, and he shall determine the time when final acceptance and
approval shall be given of the fill and other work as required pursuant
to this article.
F. If the work is satisfactorily performed and accepted by the Municipal
Engineer, the deposit to be returned, as aforesaid mentioned, shall
be returned within one week after such acceptance.
No person shall dig up and excavate or make any opening in any
street, road, avenue or highway owned or under the jurisdiction or
to be ultimately dedicated and accepted for ownership and jurisdiction
by the Township of Marlboro within five years of completion of any
reconstruction, bituminous concrete surface overlay or other construction
to improve the surface for the motoring public unless the work is
of an emergent nature which immediately threatens public safety or
health.
A. Emergency opening. Applications for emergency road openings shall be reviewed and approved by either the Township Engineer, the Public Works Director or the Division of Police prior to initiating any work. Full permit application compliance in accordance with Chapter
326 shall be required by the Township within 24 hours, or the next business day.
B. Roadway restoration. A full width road restoration shall be required.
The restoration shall consist of six-inch dense graded aggregate base
course, and a six-inch bituminous stabilized base course, Mix I-2,
brought to existing grade, within the excavated area. A full width,
curb to curb, milling two inches in depth to extend 20 feet beyond
the limit of excavations will be performed after proper settlement
of the trench area. The allowable time for settlement shall be 45
days unless otherwise directed by the Municipal Engineer. The final
surface course shall be a two-inch bituminous concrete surface course,
Mix I-5.
In addition to the deposit required by §
326-2, the permittee shall post a surety bond, cash bond or letter of credit for the benefit of the Township of Marlboro in an amount equal to double the amount calculated in accordance with §
326-2C. The bond required by this section shall guarantee the faithful performance of the permittee of all of the provisions of this article under which the permit is issued, and which bond shall remain and be effective during the term of the permit granted or any renewal or extension thereof and until the work has been inspected and accepted by the Township through its Municipal Engineer or his designee.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties in §
4-3 of the Code.
[Adopted 7-24-1986 by Ord. No. 24-86 (Ch.
127 of the 1981 Code)]
[Amended 10-28-1993 by Ord. No. 54-93]
It is the express intent of the governing body
of the Township of Marlboro to continue its existing policy with regard
to sidewalks, curbs and gutters, except that the provisions of N.J.S.A.
40:65-1 et seq. shall be applied to hold abutting landowners responsible
for the repairs and reconstruction of the sections of the sidewalk,
curbing and other concrete improvements where the repairs are necessary
because of a condition attributable to the acts or negligence of the
abutting property owners, of his predecessor in title or of anyone
for whose acts or negligence the abutting property owner or predecessor
in title is chargeable.
The Municipal Engineer or his designee shall
give notice and proceed in accordance with the standards contained
in N.J.S.A. 40:65-14.
Attached to the notice required in the foregoing
section shall be the standards required by the Township of Marlboro
for the repairs to be made by the abutting property owner. The abutting
property owner shall comply to those standards. The Municipal Engineer
or his designee shall certify as to the compliance to the municipal
standards.
The Municipal Engineer shall, at least once
each year, prepare a list of those areas requiring repairs pursuant
to this article. Upon receipt of the list, the governing body shall
prepare the required resolution in accordance with N.J.S.A. 40:65-14.
[Added 2-17-2011 by Ord. No. 2011-1; amended 12-18-2018 by Ord. No. 2018-22]
A permit shall be required for all sidewalk replacements. The
fee for such sidewalk replacement permit shall be $75 per 100 square
feet of sidewalk to be installed.