Editor's Note: For State statute authorizing a municipality
to adopt ordinances to prescribe the time, manner in which, and term
upon which, persons shall exercise any privilege granted to them in
digging up streets and highways: see N.J.S.A. 40:67-1c.
[Ord. No. 04-06 § 17-1.1]
As used in this section:
Shall mean the Township Director of Community Development
or such other officer or person as may be designated by the Director
to issue permits as provided for in this section.
Shall mean a condition or circumstance which involves immediate
danger to life or property or both, or which involves a possibility
of interruption or curtailment of any service furnished by a public
utility to the public.
Shall mean any public utility as herein defined, individual,
corporation, partnership or firm, to which a permit shall have been
issued under and pursuant to this section.
Shall mean any public utility as defined in N.J.S.A. 48:2-13.
[Ord. No. 04-06 § 17-1.2;
New; Ord. No. 2016-20; amended 12-14-2021 by Ord. No.
2021-41]
a.
No person shall open or cause to be opened, by cutting or excavating
the surface or soil of any street, any sidewalk area or public ground
or any surface or soil within the right-of-way of any street, sidewalk
area or public ground, for any purpose whatsoever, without first obtaining
therefor from the Director of Community Development, a written permit
for street opening.
b.
No person shall make or cause to be made any connection into a sanitary
sewer, stormwater drain or water main in an easement or right-of-way
across private property or water main forming a part of the sewer,
drainage or water distribution system, respectively, of the Township,
without first obtaining from the Director a written permit for street
opening.
c.
In cases where a street has been paved in the discretion of the Director
within the last eight years, the extent of repairs may be significantly
greater, and may include extensive milling and repaving to return
the street to the condition it was in prior to the opening. The bonding
required in these cases shall reflect the need for additional work.
d.
Recently paved streets. The Township, in an attempt to preserve the integrity of recently paved streets, will not issue a street opening permit for a street that has been paved within the last eight years, except in an emergency or under extraordinary conditions. In cases where a street opening permit is issued on a street paved within the last eight years, the bond or cash posted shall not be less than $2,500, and the fee shall be 100% more than indicated in Subsection 31-1.6.
[Amended 6-6-2019 by Ord.
No. 19-16]
[Ord. No. 04-06 § 17-1.3]
a.
Any person desiring a permit for street opening shall make application
therefor to the Director for each such opening upon forms to be provided
for that purpose.
b.
The application shall contain:
1.
Names and addresses of the applicant and of the owner of the property,
in front of which or for whom the work is to be performed.
2.
Location of property, including the block and lot designation thereof.
3.
Size and purpose of the opening to be made, and maximum size of such
opening.
4.
(Reserved)
5.
Type of pavement or surface to be disturbed.
c.
The application shall be accompanied by:
1.
Such necessary sketches and additional information as the Director
may require.
2.
A signed statement by the applicant that he agrees to perform the
work for which the permit is granted, strictly in accordance with
the conditions of the permit, the ordinances of the Township and the
applicable rules and regulations of the Department of Public Works.
[Ord. No. 04-06 § 21-1.4]
a.
The permit shall be valid for a period, not to exceed 30 consecutive
calendar days, to be determined by the Director and specified in the
permit.
b.
The effective period of the permit may be extended, if a request
for an extension is made in writing by the permittee prior to the
expiration of the original permit, for such additional period as the
Director, in his direction, may authorize.
[Ord. No. 04-06 § 17-1.5; Ord. No. 14-25; amended 10-15-2019 by Ord. No.
19-26; 12-14-2021 by Ord. No. 2021-41]
a.
Except as hereinafter provided, no permit for a commercial or multiple
dwelling unit property street opening shall be issued by the Director
until the applicant therefor shall have first placed on file with
the Director, without cost to the Township, satisfactory evidence:
1.
Of general liability insurance in the amount of not less than $3,000,000
for any one occurrence.
2.
Of excess/umbrella liability insurance in the amount of not less
than $1,000,000 for any one occurrence. Each additional $1,000,000
in excess/umbrella liability may count toward the general liability
insurance total for any one occurrence.
3.
Of automobile liability insurance in the combined single limit of
$1,000,000 for each accident.
b.
No permit for street opening for a one- or two- family residential
use property shall be issued by the Director until the applicant therefor
shall have first placed on file with the Director, without cost to
the Township, satisfactory evidence:
1.
Of general liability insurance in the amount of not less than $2,000,000
for any one occurrence.
2.
Of excess/umbrella liability insurance in the amount of not less
than $1,000,000 for any one occurrence. Each additional $1,000,000
in excess/umbrella liability shall count toward the general liability
insurance total for any one occurrence.
3.
Of automobile liability insurance in the combined single limit of
$1,000,000 for each accident.
c.
The Township shall be included as an additional insured under the
general liability and any umbrella liability coverages, and each certificate
of liability insurance shall so state and indicate that the basis
for the additional insured coverage is based upon the Township ordinance
requiring same.
d.
No policy of insurance shall include a waiver of subrogation provision.
e.
The insurance must be approved as to form, correctness and adequacy
by the Director of Law or his designee to insure the Township against
any loss, injury or damage arising out of the granting of the permit
or from any negligence or fault of the applicant, his agents, servants
or employees in connection with the street opening or with any work
related thereto.
f.
Such insurance shall remain in force throughout the effective period
of the permit as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least 10 days' written notice to the Township of any modification
or cancellation.
[Ord. No. 04-06 § 17-1.6; Ord. No. 09-34]
a.
No permit for street: opening shall be issued by the Director until
the applicant therefor shall have first paid to the Director, in cash
or check payable to the Township;
b.
The fee prescribed by this subsection is intended to cover the cost
of issuing and recording the permit.
c.
No fee shall be charged a public service corporation for the installation
or relocation of poles.
[Ord. No. 04-06 § 17-1.7;
amended 1-24-2023 by Ord. No. 2023-05]
a.
Amounts. The amount of deposit for street openings shall be computed
in accordance with the following unit prices for pavements or other
areas to be disturbed or work to be done, as determined by the Director:
|
Activity
|
Deposit Amount
|
|---|---|
|
Pavement (any type to be disturbed, for each square yard)
|
$17
|
|
Sidewalks, all types, to be disturbed, other than for the installation
of underground storage tanks, for each linear foot
|
$20
|
|
Curbing and gutters (any type) to be disturbed, for each linear
foot
|
$12.50
|
|
All other types of pavements or surfaces to be disturbed, for
each square yard
|
$8
|
|
Structures:
| |
|
Connection to existing manhole, or other structure, for each
separate connection.
|
$500
|
|
Construction of new manhole, catch basin or other structure,
for each separate structure.
|
$1,200
|
|
Trenching in any type of street pavement area (i.e., between
curblines) and in addition to above-specified deposits:
| |
|
Where total depth is 10 feet or less below pavement surface,
for each linear foot of trench
|
$10
|
|
Where total depth is greater than 10 feet below pavement surface,
for each linear foot of trench
|
$15
|
|
Connection of sewer or drainage service line to sanitary sewer
or stormwater drain, for each separate connection
|
$1,200
|
|
Activity
|
Minimum Deposit Amount
|
|---|---|
|
Installation of underground storage tanks (as approved by the
New Jersey Department of Environmental Protection or Division of Health)
in sidewalk areas:
| |
|
For each square foot of overall horizontal surface disturbed.
|
$10
|
|
Not less than a minimum of excavation related to building construction
for foundation work, shoring, etc.:
|
$1,200
|
|
For each front foot when maximum depth of excavation below sidewalk
grade is 10 feet or less
|
$100
|
|
For each front foot when sidewalk grade is greater than 10 feet
|
$150
|
|
Driving small pipes:
| |
|
Amount of deposit to be the same as if work had been performed
by open cut trenching method
| |
|
Supervision, inspection by or for Township, amount to be estimated
by Municipal Engineer, minimum of
|
$250
|
|
Testing to be conducted by the contractor and witnessed by the
Township
|
$250
|
|
Minimum amount of deposit for each street opening
|
$2,000
|
b.
Use of Excavating Machinery or Other Equipment. When excavating machinery
or other equipment is to be used on work related to street openings
or when such work is to be performed in streets, the Director, in
his discretion, may increase the amount of the deposit to be required
over and above the amounts herein above specified in paragraph a of
this subsection to an amount which, in the opinion of the Director,
would be sufficient to reimburse the Township for any damage to the
street or for any expense incurred by the Township in maintaining
and protecting traffic in the manner hereinafter set forth. When the
permittee exceeds the maximum authorized size of the opening or the
work specified in the permit, the permittee shall, when so ordered
and before proceeding with the work, pay to the Director such additional
amounts of deposit as the Director may require. Failure on the part
of the permittee to comply with the order will be considered sufficient
cause for revocation of the permit.
c.
Disposition of Deposits. The amount of deposit shall be retained
by the Township for the duration of the period of maintenance set
forth in paragraph d of this subsection. All costs of inspection,
supervision or testing by the Township shall be deducted from deposit
moneys. Upon the failure or default by the permittee of any of the
terms, agreements, covenants and conditions of the permit on the permittee's
part to be done or performed, the deposit may be used by the Township
for any expense incurred by the Township by reason of such failure
or default on the part of the permittee. Any balance left after the
expense of such failure, default and payment of all supervision, testing
and inspection fees, as determined and certified by the Director,
shall be refunded to the permittee.
d.
Period of Maintenance. The period of maintenance shall be considered
as a period of 12 months after the date of final completion, as determined
by the Director, of the work to be done pursuant to the terms of the
permit. The permittee shall be responsible for the entire work and
shall keep every portion of the work in perfect order and repair during
the entire period of maintenance. Should the permittee fail to make
needed repairs to the work or to maintain adequately surfaces disturbed
by the permittee, the Director reserves the right, in the Director's
discretion and without prior notice of the permittee, to cause such
repairs to be made or such surface to be maintained by the Township's
own forces or by contract or otherwise. In such case, the Township
shall be reimbursed for any expense incurred, and the permittee shall
have no claim against the Township for loss of anticipated profits
or for any losses by reason thereof.
[Ord. No. 04-06 § 17-1.8]
a.
A permittee, in lieu of the deposit specified in subsection 31-1.7 for excavation related to building construction for foundation work, shoring and the like, may, if the amount of such deposit is in excess of $10,000, file and keep on file with the Director of Community Development a bond or letter of credit in an amount equivalent to the required deposit. The bond/letter of credit shall be approved as to form, amount and sufficiency of surety by the Director of Law and the bond/letter of credit shall be retained as security for the faithful performance by the permittee of all the terms, agreements, covenants and conditions of the permit on the permittee's part to be done or performed.
b.
The bond/letter of credit provided for herein shall be considered as a deposit and the provisions of subsection 31-1.7 in regard to the disposition of deposit shall apply to such permit in the same manner as specified for other permittees in the subsection.
c.
This subsection shall apply to existing deposits, and bonds/letters
of credit may be substituted for such deposits in accordance with
the provisions of this subsection.
[Ord. No. 04-06 § 17-1.9]
a.
Unless otherwise agreed, a public utility (as defined in N.J.S.A.
40:55D-6) may, in lieu of deposit herein before specified for street
opening, file and keep on file with the Director of Community Development
a bond in the amount of $15,000. The bond shall be approved as to
form, amount and sufficiency of surety by the Director of Law, and
the bond shall be retained as security for the faithful performance
by the applicant of all terms, agreements, covenants and conditions
of the permit on the applicant's part to be done or performed.
c.
A public utility may, in lieu of the insurance specified for street
opening, file and keep on file with the Director of Community Development
an agreement, approved as to form by the Director of Law, to indemnify,
defend, and save harmless the Township from claims, suits, actions,
proceedings, losses, injuries, damages and costs of every nature and
description arising out of or resulting from any act or omission on
the part of such public utility under any permit granted to it or
from any negligence or fault of such public service corporation, its
contractors, agents, servants or employees in connection with sidewalk,
curb or driveway work or repairs or street openings or any work related
thereto and to also defend on behalf of the Township any suits, actions
of proceedings which may be instituted against the Township.
d.
The Director may, at his discretion, assign a representative to inspect, on behalf of the Township, the work to be done under the provisions of any permit granted to a public utility, without any fee in addition to the fees provided in subsection 31-1.6, where a bond is filed in lieu of a deposit.
e.
The public utility shall be billed by the Township for any expenses
incurred by the Township by reason of any failure or default on the
part of the public utility, as determined and certified by the Director.
Any such bill shall be paid within 30 days after same shall have been
billed by the Township.
f.
In case of emergency due to breakage of pipes, etc., street openings may be made by a public utility prior to obtaining a permit for street opening; provided, however, that the public utility shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this subsection and in subsection 31-1.5, and provided further that the public utility shall make application for the necessary permit for street opening not later than 24 hours (Saturdays, Sundays and holidays not included) after the opening has been commenced.
[Ord. No. 04-06 § 17-1.10]
a.
It shall be the duty of the person by whom or for whose benefit any
street opening is to be made for any purpose whatsoever in the Township
to give written notice thereof to any company whose pipes, conduits
or other structures are laid in the street in which any work is to
be done by the permittee under the provisions of a street opening
permit not less than 24 hours before commencing such opening or work.
Such person doing such work shall, at his own expense, carefully support,
maintain in operation and protect from injury such pipes, conduits
or other structures. In case of injury, he shall restore same at his
own expense to as good a condition as they were before the beginning
of such opening or work.
b.
In case of failure of the person to comply with the provisions of
this subsection, then the same may be done by the company to whom
the pipes, conduits or other structures belong, and the costs thereof
and all damages sustained by the company thereby shall be paid by
the person to the company. Such company may, in default thereof, maintain
an action against such person.
[Ord. No. 04-06 § 17-1.11]
a.
The permittee shall erect and maintain suitable barricades and fences
around all of his work while excavation or other work is in progress
and shall arrange his work in such manner as to cause a minimum of
inconvenience and delay to vehicular and pedestrian traffic. The Director
of Community Development may require that the work be so arranged
as to make possible the complete removal of obstructions to traffic
on Saturdays, Sundays and holidays. In the event that such requirement
is not complied with by the permittee, the Director may, in the latter's
discretion, cause all or part of the work covered by the permit to
be backfilled and temporarily resurfaced by the Township's own forces
or by contract or otherwise. In such case, the Township shall be reimbursed
for any expense incurred thereby.
b.
Warning flags or sirens and suitable lighted red lights shall be
provided and watchmen shall be provided, if so ordered by the Director
and in accordance with the latter's directions.
c.
Where the free flow of traffic would be or has already been interfered
with, the permittee shall designate competent persons to direct and
expedite traffic by means of lights or flags.
d.
Unless otherwise authorized by the Director, vehicular traffic shall
be maintained at all times during the progress of the work being performed
under the permit.
[Ord. No. 2017-21]
It shall be the duty of each public utility laying replacement pipes, lines, cables, wires or any other transmission devices or systems, including but not limited to sanitary sewer, storm sewer, drainage line, water main, lateral or any other sewer, drainage or water distribution system or device ("Replacement Facilities") to remove all existing pipe, line, cable, wire transmission device or system, and all appurtenances thereto (the "Abandoned Facilities") then existing and which will become inactive. Removal shall be completed within 30 days of installation of the Replacement Facilities; and the Replacement Facilities shall not be utilized into complete removal of the Abandoned Facilities. All Abandoned Facilities shall be removed to a location approved by the Township Engineering Division and all areas backfilled in accordance with Township trench requirements for paved streets. The installation of Replacement Facilities and the removal of Abandoned Facilities must be inspected and approved by the Township Engineering Division. All of the provisions of this Chapter 31 shall be applicable to the removal of the Abandoned Facilities, including but not limited to the paying of deposits, furnishing of bonds, protection of existing pipes, conduits or structures and maintaining and protecting traffic.
[Ord. No. 04-06 § 17-2.1]
All real estate fronting on the streets, avenues, roads, lands,
and alleys of the Township shall be numbered, and each parcel shall
be numbered and designated by the number or numbers indicated on the
official street-numbering maps of the Township, which are on file
in the Office of Community Development. It shall be the duty of all
property owners to have their houses or buildings numbered in conformity
with the street numbers as the same are designated on the maps.
[Ord. No. 04-06 § 17-2.2]
In all cases where any owner of property shall hereafter build
any house or building in the Township, it shall be his duty to apply
to the Engineer for the correct number of the house or building as
the same is indicated upon the numbering maps of the Township. Upon
such application, the Township Engineer shall furnish the applicant
the correct number to designate his house or building and the owner
shall affix to his house or building the number so assigned, in a
substantial manner, in a conspicuous place on the front part of the
house or building so as to be plainly visible from the street.
[Ord. No. 04-06 § 17-2.3]
The map on file in the office of the Township shall be the official
numbering map of the Township.
[Ord. No. 2017-14]
No person shall obstruct the free and lawful passage of pedestrians
and vehicles on public sidewalks and upon public rights-of-way in
the Township by placing thereon any structures, posts, poles, goods,
wares, merchandise or other articles of trade or sale, nor shall any
person obstruct such public sidewalks or rights-of-way in any other
manner whatsoever.
[Ord. No. 2017-14]
Notwithstanding the foregoing, posts, stanchions or other support
for mailboxes may be located within the right-of-way in accordance
with United States Post Office regulations, provided that the post,
stanchion or support does not exceed four feet in height above ground
level, and 12 inches (or a diameter of 12 inches) in width, and must
be set back a minimum of eight inches from the curbline or, if no
curb, from the travel portion of the roadway. A mailbox which exceeds
this requirement is not a permitted structure and remains in the right-of-way
solely at the expense and liability of the owner of the mailbox and
post. The location of a post and mailbox should not create a hazard
or an obstruction to passage of roadways, sidewalks or street maintenance
vehicles or snow plowing equipment.
[Ord. No. 2017-14]
Should the Township, through its required maintenance activities,
destroy a post and/or mailbox properly placed in the right-of-way,
the Township shall reimburse the owner of the post/mailbox up to the
sum of $100, provided that the owner of the post/mailbox satisfies
the following criteria:
a.
The mailbox is securely fastened to a sturdy post which is sufficiently
anchored in the ground to resist the impact of plowed snows;
b.
The damaged post/mailbox must meet the requirements of the United
States Postal Service, as well as all other applicable regulations
in regard to construction and location. A mailbox that does not meet
the requirements of the United States Postal Service and/or any other
applicable regulation, is not eligible for reimbursement.
c.
The damage must have been caused by direct contact with Township
plows or snow removal equipment. The Township will not be responsible
for damage due to the weight of plowed snow.
d.
The owner of the mailbox must notify the Township within seven days
of the date the damage occurred, unless the resident was out of town,
in which case the Township must be notified of the damage within seven
days of the resident's return. Damage reported outside of this time
frame will not be eligible for reimbursement.
e.
The Township's mailbox and post damage notification form must be
completed in its entirety and signed by the owner of the mailbox and
subsequently approved by the Township Department of Public Works.
f.
The owner of the mailbox must furnish a receipt evidencing payment
for repair or replacement of the mailbox in a form satisfactory to
the Township Department of Public Works.
