[Adopted 10-13-64]
[Amended 7-7-08 by Ord. No. 08-11]
As used in this Article, the following terms shall have the meanings indicated:
IMPROVED ROAD
Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete, or similar pavement and any road having a concrete base.
[Amended 7-7-08 by Ord. No. 08-11]
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township of East Brunswick as a public street, as well as any state or county road or highway over which the township has acquired jurisdiction by agreement.
UNIMPROVED ROAD
Any cinder, dirt or gravel road without oil treatment and all other roads under the jurisdiction of the Township of East Brunswick.
[Amended 7-7-08 by Ord. No. 08-11]
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a road opening permit.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
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 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. 
Road opening permits may be issued to other public bodies without fee.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
Applications for a road opening permit shall contain the following information:
A. 
Name and address of the applicant.
B. 
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Township of East Brunswick Tax Map block and lot number of the property for the benefit of which the opening is to be made.
D. 
Nature of the surface in which the opening is to be made.
E. 
Character and purpose of the work proposed.
F. 
Time when the work is to be commenced and completed.
G. 
Each application shall be accompanied by a sketch showing the location and dimensions of all openings.
[Amended 7-7-08 by Ord. No. 08-11]
H. 
The names of streets that will be utilized by the Applicant's Construction Vehicles to and from the worksite and other sub contractors who may provide vehicles by either hire and or lease arrangements with the Applicant.
I. 
Certificate of Liability Insurance naming the Township of East Brunswick as an additional insured.
[Added 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
Permits shall be issued under the authority of the Manager of Engineering Services or his/her designee and in accordance with the provisions of this Article.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 9-11-89 by Ord. No. 89-59; 7-7-08 by Ord. No. 08-11]
Each permit shall state the identity and address of the applicant, the Company performing such construction, the names of the Companies that will be providing construction equipment for both on or off site use for the transportation of materials, the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid.
[Amended 9-30-74 by Ord. No. 74-91-C; 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 5-22-89 by Ord. No. 89-24; 7-7-08 by Ord. No. 08-11]
A. 
A fee must be paid when the application is made. The applicant shall be charged a fee of fifty dollars ($50.) for each permit. In addition, the applicant shall post cash or certified check deposit according to the following schedule
[Amended 7-7-08 by Ord. No. 08-11]:
(1) 
Opening an improved road: Two thousand dollars ($2,000.)
[Amended 7-7-08 by Ord. No. 08-11]
(2) 
Opening an unimproved road, opening in the right-of-way, behind the curb, or opening the unpaved shoulder of the road in the public right-of-way: Two hundred dollars ($200.).
(3) 
A deposit of three hundred fifty dollars ($350.) shall be charged for a tunneling operation.
B. 
The deposit set forth above is predicated on an excavation which involves a perpendicular trench four (4) feet wide from the center of the street to the curbline. Where an excavation of greater area is required, an additional deposit proportioned to the increased size of the excavation shall be required. Where the excavation is to be made in a heavily traveled street or where for any other reason it is necessary for a police officer to be stationed near the excavation to direct traffic, the applicant shall compensate the Township Police Department for the expense of stationing the police officer at the excavation.
[Amended 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
C. 
The deposit set forth above shall not be returned until the construction work is accepted by the Manager of Engineering Services or his/her designee.
[Added 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
No permit shall be issued until the applicant has furnished satisfactory proof of insurance against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be one million dollars ($1,000,000.) for injury to any one (1) person, three million dollars ($3,000,000.) for injuries to more than one (1) person in the same accident, and an aggregate of one million dollars ($1,000,000.) for property damage for a single incident. Requirements of this section may be waived in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[Amended 7-7-08 by Ord. No. 08-11; 9-27-10 by Ord. No. 10-22]
All permits issued under this Article shall be subject to the following rules and regulations:
A. 
All excavations shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
B. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Director of Public Safety. The Department of Public Safety shall be informed of all street closings at least twenty-four (24) hours in advance.
C. 
For just cause the time limit during which the permit shall be valid may be extended by the Manager of Engineering Services or his/her designee.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
D. 
No work shall be done in such a manner as to interfere with any water main or sewer line or any connection with either of the same from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Township Department or agency having jurisdiction over such property. No work shall be carried on in such a manner as to result in damage or destruction of any property of the Township of East Brunswick or Sewer Utility unless this is necessary for completion of the work and permission has been obtained in advance from the head of the township department or agency having jurisdiction over such property.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11; 9-27-10 by Ord. No. 10-22]
E. 
All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means. Where the Manager of Engineering Services or his/her designee determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with suitable material which shall be placed in layers not exceeding six (6) inches in depth and thoroughly compacted. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition.
If the Township determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Township determines that settlement is complete.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
F. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one (1) part cement to ten (10) parts sand.
G. 
If the work is not completed within the time specified in the permit or any extension granted is not performed in accordance with the regulations set forth in this section and any other regulations that may be established then the Township may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
[Amended 7-7-08 by Ord. No. 08-11]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
A. 
No permittee shall commence the restoration of any street foundation or surface until the Manager of Engineering Services or his/her designee has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
B. 
The street surface shall be restored so as to extend six (6) inches beyond the excavation on all sides.
C. 
When any foundation is restored by the use of portland cement concrete, the same shall consist of a mixture by volume of one (1) part of portland cement, two (2) parts of sand and four (4) parts of gravel or stone, so as to attain a compressive strength of four thousand five hundred (4,500) pounds per square inch after twenty-seven (27) days.
[Amended 7-7-08 by Ord. No. 08-11]
D. 
All foundations and surfaces of Class A improved roads shall be restored with the same type of material and to the same depths as existed prior to the making of the excavation.
[Amended 7-7-08 by Ord. No. 08-11]
A. 
Transferability. Every permit shall apply only to the entity to whom it is issued and shall not be transferable.
[Amended 7-7-08 by Ord. No. 08-11]
B. 
Commencement of work. Work under a permit shall commence within forty-five (45) days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the Township. The Department of Planning and Engineering shall be notified 24 hours prior to the start of any work and upon completion of the improvements.
[Amended 6-28-76 by Ord. No. 76-91E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Township, must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Township of East Brunswick.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
D. 
Revocation of permit.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
(1) 
A permit may be revoked for any of the following reasons
[Amended 7-7-08 by Ord. No. 08-11:
(a) 
Violation of any provision of this Article or any other applicable rules, regulations, laws or ordinances.
(b) 
Violation of any condition of the permit issued.
(c) 
Carrying on work under the permit in a manner which endangers life or property which creates any condition which is unhealthy, unsanitary or declared by any provision of this Code to constitute a nuisance.
(2) 
The procedure for revoking a permit shall be the same as that set forth in Chapter 135, Licenses, Article I, for the revocation of licenses, except that the initial hearing shall be before the Manager of Engineering Services with a right of appeal to the Township Council; and the Manager of Engineering Services may provide that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[Amended 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
E. 
Modification of permit conditions. In a special case the Township Council may by resolution impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this Article shall not apply or shall be altered.
[Added 2-9-76 by Ord. No. 76-91-D]
The permit holder shall conform to the requirements in the current manual on Uniform Traffic Control Devices Part VI when required by the township to provide barricades and/or signs.
[Added 2-9-76 by Ord. No. 76-91-D]
Prior to the issuance of a road opening permit the applicant shall contact the Public Safety Department, Traffic Safety Division, for instructions on the traffic safety precautions to be taken.
[Amended 6-28-76 by Ord No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
Before any street is improved or paved, the Township Clerk shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the township that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within thirty (30) days from the receipt of notice. The time for the completion of the work may be extended in writing by the Manager of Engineering Services upon application by the person performing the work. This section shall not excuse any person from the requirement of obtaining a permit as provided in § 189-5.
A. 
Except in case of an emergency, no person to whom notice was given as provided in § 189-19 shall be issued a permit to excavate the street to which the notice related for a period of five (5) years unless its issuance is approved by the Township Council.
B. 
Subsection A shall not apply in any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given or where the public health or safety requires the performance of the work in question.