The power to regulate excavation and construction in public streets is contained in R.S. 40:67-1.
As used in this section:
STREET — Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the township as a public street including unimproved areas within the right-of-way, or any road or access way which, while not accepted or maintained by the township, is open to use by the public, as well as any State or county road or highway over which the township has acquired jurisdiction by agreement.
ENGINEER — Shall mean the township engineer.
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the engineer.
A tunnel or excavation may be commenced without a permit where an emergency threatening loss of life, serious property damage or immediate loss of utility services has arisen which makes it necessary to start work immediately during hours when township offices are closed. Under such circumstances, the person undertaking the emergency work shall notify the police department of the tunnel or excavation immediately and shall apply for a permit within one-half business day after emergency work has begun. The permit, when issued, shall be retroactive to the date on which the work began.
The engineer is authorized to refuse the issuance of a permit if refusal is in the interest of public safety, convenience or health. In the alternative, the engineer may issue a permit subject to such terms and conditions as the engineer deems in the public interest to guarantee safety, workmanlike performance, and speedy and competent replacement of public improvements.
Application for a permit shall be made to the department of public works and shall contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The township tax map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed and whether street closings will be required.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
The name and address of the workman or contractor who is to perform the work and the name and address of a person upon whom notices may be served in connection with the work to be done.
A statement that the applicant agrees to replace at his own expense, within 48 hours of the commencement of the work, the street, curb, gutter and sidewalk in the condition they were in at the time of the commencement of the work.
Permits shall be issued under the authority of the engineer and in accordance with the provisions of this section and the regulations which the engineer may establish. The engineer shall determine the initial time limit during which the permit shall be valid. A copy of each permit shall remain on file with the division of engineering.
Each permit shall state the identity and address of the applicant, the name of the street and 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.
The applicant for a permit shall, prior to receiving such permit, pay a plan review and inspection fee of $50. In the case of any review and inspection requiring more than one hour of staff time, the applicant shall be required to pay the actual costs associated with the township staffs review of the permit application based upon a cost of $50 per hour multiplied by the time spent reviewing the application and the estimated cost for inspection based upon the estimated hours for inspections multiplied by $50 per hour. In the event township staff costs for inspection exceed the amount estimated at the time of permit approval, the applicant shall reimburse the township for the difference. In the event township staff costs for inspection were less than the amount estimated at the time of permit approval, the township shall reimburse the applicant the difference. In addition to the inspection fee, the applicant shall be required to post a cash deposit equal to the estimated cost of restoring the public improvements being damaged as such amount is determined by the engineer. In the event that any applicant performs street excavations work in the township so frequently that they wish to post an annually renewable performance guarantee in an amount approved by the engineer and a form approved by the township attorney, they may apply to do so. The East Windsor Municipal Utilities Authority shall be exempt from fees but not from posting performance guarantees.
No permit shall be issued until the applicant has furnished the engineer with satisfactory proof that he is insured 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 $250,000 for injury to any one person, $750,000 for injuries to more than one person in the same accident, and an aggregate of $250,000 for property damage for a single incident. Such policies shall have an endorsement listing the Township of East Windsor as an additional named insured.
All permits issued under this section shall be subject to the following rules and regulations:
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights and warning signs as required by the engineer. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
All work shall be done in such 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 chief of police pursuant to the application as originally submitted pursuant to subsection 15-1.4 hereof. All costs for extra police services required pursuant to any excavation shall be paid by the applicant. The manual on Uniform Traffic Control Devices for Streets and Highways (latest edition) prepared by the U.S. Department of Transportation, Federal Highway Administration shall be used as a guide for appropriate signs, barricades, personnel, etc. to control traffic during construction and maintenance operations. The engineer in consultation with the police department shall determine the appropriate requirements for traffic control.
All refuse and equipment must be removed from the excavation site within 24 hours.
All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in a manner prescribed by the engineer. No backfilling shall be done unless a township inspector is present to supervise the operation, or unless written permission has been received to backfill without the inspector's presence. Where the engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed by the engineer. On completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the engineer determined that any backfilled excavation has settled or caved in, he shall so notify the permittee, who shall promptly continue backfilling until the department determines that settlement is complete.
If tunneling operations are required, the tunnel shall be backfilled under pressure with a mortar mixture composed of one part cement to ten parts sand.
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable State laws and regulations.
If the work is not completed within 48 hours, or any extension granted by the engineer, or is not performed in accordance with the regulations set forth in this subsection and any other township regulations, then the engineer may complete the work 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.
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
No permittee shall commence the restoration of any street foundation or surface until the engineer has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
The street surface shall be restored so as to extend not less than six inches beyond the excavation on all sides.
The street surface shall be restored to the satisfaction of the engineer.
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the engineer.
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the engineer, shall be kept in possession of the person actually performing the work and exhibited on demand to any duly authorized employee of the township.
Revocation of permit. The engineer may revoke a permit for any of the following reasons:
Violation of any provision of this section or any other applicable rules, regulations, law or ordinance.
Violation of any condition of the permit issued.
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
The engineer may, on application by the permittee, extend the time limit during which the permit shall be valid.
The engineer may promulgate any rules and regulations not inconsistent herewith which he considers necessary for the administration and enforcement of this section. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
Notice of Pending Paving or Repaving; Time Restriction on Excavations. Whenever the township council enacts any ordinance or resolution providing for the improvement, paving or repaving of any street, the township engineer shall promptly mail a written notice thereof to all persons owning property abutting on the street about to be paved or improved and to all public utilities and authorities operating in the township, including any person, firm or corporation owning any sewer main or conduit or other utility in or under said street. Such notice shall notify such person, firm, corporation or public utility that:
They shall make all connections, as well as any repairs thereto, which would necessitate excavation of the street, within 30 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the township manager;
That no excavation permit shall be issued for openings, cuts or excavation in said streets for a period of five years after the date of completion of said improvement, paving or repaving by the township; and
That application for excavating permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit shall be completed as soon as practicable and in no event later than the date specified in the permit for the excavation work therefor.
Opening Newly Paved Street; Restrictions. No permit shall be issued by the township engineer to any person, firm, corporation, public utility or authority which would allow an excavation or opening in a paved or improved street surface less than five years old unless:
The applicant can clearly demonstrate to the satisfaction of the township manager that an emergency condition exists which makes it essential that the excavation permit be issued, or
In the judgment of the township council, the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted and that the applicant has investigated all other alternatives and that the issuance of an excavation permit is the only alternative which is feasible. Any such determination shall be made by resolution of the township council.
Opening Newly Paved Street; Restoration Obligations and Fees.
If by special permission of the township manager or by resolution of the township council a permit is issued to open any paved or improved street surface less than five years old, the permittee shall be required to complete restoration in the following manner:
Mill and resurface the entire street in which the opening or excavation is made, from curb-to-curb and for a minimum distance extending to the nearest cross-street in both directions from the opening or excavation.
Nonapplicability. The provisions of this subsection 15-1.13 shall not apply to public utilities companies having separate contracts with the township for operating under special ordinances or statutes, nor to any person, firm or corporation laying any sidewalk, pavement or sewer, or doing any other work in any of said streets, avenues, roads or highways under and in pursuance of a contract entered into between such person, firm or corporation and the township.
The standard specifications established in Chapter 22 shall govern the construction of roads and streets by developers prior to acquisition of such roads and streets by the township.
It shall be unlawful for any person to construct or remove, or cause to be constructed or removed, any sidewalk, curb or gutter, or any part thereof, within any public right-of-way in the township without first obtaining a permit to do so from the engineer.
Application for a permit under this section shall be made to the engineer by the owner of the premises or his agent on forms provided by the township and shall contain the following information:
The name and address of the applicant.
The name and address of the person who is to perform the proposed work, and the name and address of the owner of the property on which work is to be performed, if other than the applicant.
The location, by street number or otherwise, of the premises where the work is to be done.
The estimated cost of the proposed work.
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property.
Any other information that the engineer deems necessary in order to determine whether the work will comply with this chapter.
A fee of $5 shall be charged for each permit and, in addition, the applicant shall pay the cost of all inspections and tests which the engineer deems necessary. The fee and a cash deposit equal to the estimated amount of inspection and testing costs shall be paid at the time the permit is issued. Upon completion of work the actual costs of inspection and testing shall be presented to the applicant, who shall then receive or pay, as appropriate, the difference between estimated and actual cost.
All materials and work shall be in accordance with township regulations on file in the office of the engineer.
Any sidewalk, curb or gutter which is removed shall be promptly replaced in accordance with said township regulations.
No concrete sidewalk shall be replaced or covered with blacktop.
Whenever a curb cut or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
The applicant shall notify the engineer at least 48 hours prior to the time of pouring or laying any sidewalk, curb or gutter so that the department may arrange for adequate inspection and testing.
All curbs and sidewalks constructed along Township streets shall be constructed in conformity with the standards contained in Chapter 22, Technical Standards For The Construction Of Improvements, of the Revised General Ordinances.
All curbs and sidewalks to be constructed by the township along township streets shall be constructed wholly at the cost of the owner or owners of the real property fronting on the sidewalks.
The township council, before making such improvements or awarding any contract therefor, shall by resolution provide that the director of public works cause a notice of the proposed improvement to be served by certified mail return receipt requested upon the owners or occupants of all adjacent real property. The notice shall require the necessary specified construction work of curb and sidewalk to be done by the owner or occupant within a period of not less than 30 days from the date of service of such notice; whenever any real property is unoccupied and the owner cannot be found within the township, the notice may be mailed, postage prepaid, to his or her post office address, if the same can be ascertained; in case such owner is a nonresident of the township or his or her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in the official newspaper of the township.
If the owner or occupant of the real property does not comply with the notice, the director of public works may, upon filing due proof of the service or publication of the notice required in subsection 15-4.3 with the township clerk, cause the construction work to be done and paid for out of the municipal fund available for that purpose. The cost of such work shall be certified by the director of public works to the tax collector. The cost of such work shall be assessed upon the real property fronting on the constructed sidewalks in proportion to their respective frontage thereon.
Upon filing of said certificate, the amount of the cost of such work shall be a lien upon the real property fronting on the sidewalk construction to the same extent that assessments for local improvements are liens, and shall be collected in the manner provided by law for the collection of such other assessments, and shall bear interest at the same rate. In addition, the township may have an action to recover the amount assessed against the owner of the real property in any court having competent jurisdiction; a certified copy of the certificate filed pursuant to subsection 15-4.4 shall in such action be prima fancied evidence of the existence of a debt due from that owner to the township.
Any owner of real property assessed for the construction of curbs and sidewalks may pay such assessment in equal yearly installments not exceeding ten with interest, or may pay the whole of any assessment or any balance of installments, with accrued interest, at one time.
As a result of a 1993 program, the township has provided for or is about to provide for the replacement of certain sidewalks in accordance with the sidewalk replacement program and appropriate monies have been bonded therefor. It being the further intent of the township council that future sidewalk and curb replacements be done by the abutting property owner for all sidewalks and curbs requiring repair or removal after the completion of the sidewalk replacement program. It is the purpose of this section to establish a procedure whereby sidewalks and curbs will be replaced, assigning the responsibility to the abutting landowner, and assessing for costs where the township is forced to replace the sidewalk and curb.
It shall be the duty of any owner of land abutting upon a public street or public sidewalk in the township to construct, repair, alter or relay any sidewalk or section thereof.
It shall be the duty of any owner of land abutting a public street to repair any curb if damaged by the property owner's actions or the actions of the property owner's lessee, tenant, employees, agents or occupants of the property.
No owners of any lands shall neglect to complete the repair or improvement of any sidewalk or curb within 30 days after the service of notice therefor pursuant to subsection 15-5.4.
The township engineer and/or director of public works are hereby authorized and empowered to order any sidewalk or curb improved or repaired when in his/her judgment it shall be deemed necessary.
If any landowner shall neglect or refuse to so construct, reconstruct, restore, repair or alter the grade of the sidewalk or curb in front of the property owner's lands when necessary, the township engineer and/or director of public works may cause a notice in writing to be served upon the owner of or occupant of such lands requiring the necessary specified work to such sidewalk or curb to be done by such owner within a period of 30 days from the date of service of such notice, such notice to be served postage prepaid to the post office address of the property owner as provided by the tax assessor. If his/her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in an official newspaper of the township.
In case the owner of such land shall not comply with the requirements of the public notice, it shall be lawful for the department of public works of the township upon filing of due proof of service or publication of the aforesaid notice with the township manager, upon the township manager's direction, to cause the required work to be done and paid for out of the monies of the township available for that purpose. Upon completion of the work, the amount expended therefor shall be certified by the department of public works or person having charge thereof to the township council. The township council upon receipt of the certification of charges shall by resolution certify the amount of the cost of such work and shall create same as a lien upon the lands abutting the sidewalk or curb where such work was done. Said lien shall become an assessment for local improvements to the same extent and manner as local improvement liens are in the township and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate.
Nothing herein shall prohibit the township from commencing an action to recover the amount expended against the owner of land in any court having competent jurisdiction thereof. A certified copy of the aforesaid amount shall in such action be prima facie evidence of the existence of the debt due from the owner/occupant to the township.
All monies recovered or paid to the township under the provisions of the preceding shall be credited to the account out of which the costs of such work was paid.
This section requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of East Windsor so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM
- Shall mean conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of East Windsor or other public body, and is designed and used for collecting and conveying stormwater.
- Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
- STORM DRAIN INLET
- Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
- WATERS OF THE STATE
- Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
Storm drain inlets identified in Section IV above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 15-7.4 below.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
This standard does not apply:
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
This section shall be enforced by the township police department.