[Adopted 11-27-78 as Ord. No. 305]
No person, firm, partnership or corporation shall open or dig a trench in any public road, street or highway of this borough without having first done each of the following:
A. 
Made a written application therefor to the Borough of Woodstown, in the County of Salem, on forms to be provided by it and supplied a map or sketch of the project.
B. 
Paid the proper fee to said borough for such opening or trench in the amount specified by § 78-18.
C. 
Given the borough a cash or surety company bond, in the amount specified, 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 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 $25. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep in continuing effect and posted with the Borough Clerk a combination performance and maintenance bond 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 chapter 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.
No person, firm, partnership 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 or highway until a written permit for such opening or trench has been issued by the borough.
[Amended 5-27-1997 by Ord. No. 513; 3-26-2019 by Ord. No. 2019-5]
Each permittee is responsible for providing notification to and inquiry of the New Jersey Utility Markout System sufficiently in advance to prevent any accidental interference with underground services. All permittees are specifically required to contact NJ One Call system at 811 or 1-800-272-1000 prior to starting any excavation. In addition to these requirements, each permittee is responsible to:
A. 
Have the trench or opening dug promptly 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 highway.
C. 
Comply with New Jersey Workzone Safety Standards for 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 opening or trench is started until the road, street or highway is completely restored and completely reopened to public travel.
D. 
Comply with all OSHA Confined Space Entry requirements and 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 as soon as possible thereafter.
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 shall have warning lights in place at night. The permittee shall interfere as little as possible with travel along the road and open no greater part of the road than allowed by the Superintendent of Public Works.
(2) 
Protection from suits. The permittee shall save harmless the Borough of Woodstown, 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. The permittee shall supply the Borough with an adequate certificate of insurance prior to the start of the opening or trench.
(3) 
Time limit. The opening or trench shall be backfilled and within paved or sidewalk areas semipermanently patched with asphalt immediately, and the pavement and/or sidewalk shall be restored within two weeks. 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 Superintendent of Public Works may, at the permittee's expense, take steps to backfill 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 Superintendent of Public Works.
(4) 
Maintenance. The restoration of the opening or trench shall be maintained for one year after completion.
(5) 
Excavation.
(a) 
The applicant shall give a twenty-four-hour notice to the Superintendent of Public Works or his duly authorized assistant prior to making an opening, except in case of emergency.
(b) 
No opening shall be commenced on a Saturday, Sunday or holiday, except in case of emergency.
(c) 
On a bituminous-surface-treated road, the edges of the opening shall be cut straight through the bituminous surface before the trench is excavated.
(d) 
The work shall be conducted so as not to interfere with the water, sewer or gas mains or any connections with buildings until permission is granted by the proper authorities. No material, including rock or other deleterious material, may be removed by blasting. No excavation which will damage trees shall be made without the approval of the Superintendent of Public Works. Additional requirements for working around trees and tree roots will be provided to the permittee should it be determined by the Superintendent that the work is necessary.
(6) 
Backfilling. The permittee shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it in eight-inch lifts by tamping, mechanically aided compaction, or other suitable means, and supply additional material, with a soil aggregate of I-5 when there is a deficiency. Whenever the Superintendent of Public Works or his duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall backfill the trench with a soil aggregate of I-5 acceptable material, compressed as required, and shall remove all excess material from the premises. If tamping alone is employed, the material shall be placed in layers not exceeding six inches in thickness, moistened as directed, and each layer energetically tamped until thoroughly compacted.
(7) 
Restoration of surface course paving and base course paving. 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 an opening or trench in the earth shoulder, the permittee shall restore the top four inches of the trench or opening with material capable of supporting the growth of grass and shall fertilize and seed the surface with grass seed.
(b) 
In the case of a gravel pavement, the permittee shall fill in the top 12 inches of the excavated trench or opening with compacted Grade A road gravel.
(c) 
In the case of a penetration macadam (oil and chip) 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-mixed bituminous concrete.
(d) 
In the case of a gravel-based bituminous concrete road, the permittee shall restore the surface with a minimum of six inches of compacted dense graded aggregate (DGA) covered with a minimum compacted thickness of two inches of hot-mixed asphalt (HMA) mix 12.5M64 surface course and two inches of HMA 19M64 base course or surface and base thicknesses similar to the existing road, whichever is greater.
(e) 
In the case of bituminous-treated gravel road, the permittee shall restore the surface with 12 inches of compacted DGA covered with two inches of HMA 19M64.
(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 Superintendent of Public Works. All concrete shall be air-entrained, minimum 4,000 psi concrete mix. Curb shall match the existing profile and be restored existing joint to existing joint. Minimum thickness for sidewalk shall be four inches. Sidewalk across driveway entrances and driveway ramps shall have a minimum thickness of six inches. Restoration of handicap ramps shall conform to PROWAG standards.
(g) 
In the case of any special condition, the permittee shall restore the trench or opening as directed by the Superintendent of Public Works. If the Borough is required to restore the pavement, the final charges, based on the schedule of cost, shall be billed to the permittee on the completion of the work by the Borough.
(h) 
Final restoration will require a minimum reconstruction of the road surface with mill and overlay of full width of the cartway curb to curb for disturbance on each side of the centerline or 1/2 width of the cartway from curb to centerline for disturbance on only one side of the centerline. In the event a project includes two or more excavations, the final restoration requirements set forth in this Subsection F(7)(h) shall require reconstruction of the road surface of the entire area between the furthest most excavation points. This Subsection F(7)(h) may be waived or modified upon the approval of the Borough Engineer or Superintendent.
[Amended 4-25-2017 by Ord. No. 2017-8; 3-26-2019 by Ord. No. 2019-5]
A. 
Each applicant for a permit for such opening or trench shall post a cash bond, a letter of credit or a surety company bond, as a performance guarantee 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 schedule of estimated costs as from time to time may be set by the Township Committee.
B. 
Each such surety bond, letter of credit or cash bond shall be executed by the permittee as principal therein, and 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. 
The performance guarantee shall be held for one year beyond final restoration of the project ( one year maintenance period). Upon completion of the one year maintenance period following final restoration of the public road, street or highway in accordance with the Article, the permittee shall receive back his said performance guarantee upon written application therefor and upon approval thereof by the Borough Council.
[Amended 4-25-2017 by Ord. No. 2017-8; 5-8-2018 by Ord. No. 2018-6]
A. 
The application fee shall be $250.
B. 
Such fee shall accompany the applications filed with the Borough or its representative.
C. 
The fee referred to in Subsection A hereof shall be paid to and become the property of the Borough and shall be turned over by the Public Works Superintendent within 48 hours accompanied by a written statement of the source of the fee.
[Added 3-26-2019 by Ord. No. 2019-5]
A. 
"Utility," as used in this article, shall mean any system, such as water, sewer, electricity, telecommunications, etc., which services the public.
B. 
Each applicant for a road opening permit for the construction of utilities shall pay a permit fee of $250 for all excavations of less than or equal to six square yards. If said area to be opened, disturbed or undermined exceeds six square yards, the additional yardage shall be classified as "excess yardage," and an additional fee shall be due and payable by the applicant for all yardage in excess of six square yards at a rate of $10 per square yard. The area to be opened, disturbed or undermined by the applicant shall be measured and determined by the Office of the Borough Engineer and the Department of Public Works.
C. 
The applicant shall post an escrow with the Borough Treasurer in the amount of 5% 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 Chapter 78 of the Borough of Woodstown Code as it affects the proposed street 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.
D. 
Said escrow shall be administered by the Borough Treasurer as follows: Whenever engineering, legal or other services are rendered in connection with an application made by a public utility, said expenses shall be paid from the escrow posted by the public utility. Notice of such payment shall 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 utility.
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 Treasurer 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. 
Bonds shall be required pursuant to § 78-17 of the Code of the Borough of Woodstown.
[Amended 5-27-1997 by Ord. No. 513]
A. 
The Borough Clerk shall receive all applications, fees and bonds hereunder.
B. 
The Superintendent of Public Works shall be the agent and representative of the borough to:
(1) 
Inspect the sites of the proposed openings and trenches.
(2) 
Inspect openings or trenches, warning guards, barricades, signs and lights maintained or to be maintained at the respective sites by the permittee.
(3) 
Inspect the closing of openings or trenches and the restoration of public roads, streets or highways.
(4) 
Notify the permittee or the borough, or both, of any failure, refusal or neglect on the part of permittee or his employees or representatives to comply herewith.
(5) 
Make complaint of and prosecute for and on behalf of the borough any offense under this Article.
(6) 
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.
(7) 
Inspect the trench opening at the end of the maintenance period and report any discrepancies. Upon receipt of a favorable report with respect to the condition of the trench opening from the Superintendent of Public Works, the Borough Council shall direct the Borough Clerk to discharge the maintenance bond or return the cash deposit, as the case may be.
Nothing in this Article shall be understood or 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.
Any person violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.