[HISTORY: Adopted by the Township Committee of the Township of Dennis: Art. I, 11-13-1990 as Ord. No. 90-200. Amendments noted where applicable.]
[Adopted 11-13-1990 as Ord. No. 90-200]
The minimum standards for the construction of street improvements in reference to subgrade, gravel base and bituminous concrete pavement are as follows:
A. 
Subgrade. Where fill is required, the underlying ground surface shall be stripped of all brush and trees before filling is commenced. The material used for fill shall be suitable therefor and shall be free from large or frozen lumps, wood and other extraneous material. All fill shall be within 3% of the optimum moisture content prior to backfilling, as determined by AASHTO T-99 Method C. The fill shall be formed in successive layers of not more than eight inches in depth after compaction, and each layer shall be thoroughly compacted by means of operating construction equipment over it, mechanical rammers or vibrators or by pneumatic tampers. All backfill materials shall be compacted to 98% of maximum dry density as determined by AASHTO T-99 Method C. Before construction of the gravel base is commenced, the subgrade shall be neatly dressed to the proper lines, grades and cross section.
B. 
Gravel base. The gravel base course shall consist of six inches of compacted road gravel, Type I-5, conforming to the requirements of the New Jersey Department of Transportation Standard Specifications, as currently amended. The finished base shall be compacted to a density of not less than 95%, hard, smooth and even, free from defects and at the proper grade and contour.
C. 
Bituminous concrete pavement. Streets shall be permanently paved with two-inch-thick bituminous stabilized base course Mix No. I-2 and a two-inch-thick bituminous concrete surface course of FABC-1 Mix No. I-5. The pavement shall be constructed in accordance with the requirements of the New Jersey Department of Transportation Standard Specifications, as currently amended.
A. 
It shall be unlawful for any person, firm or corporation to disturb the surface of or make any opening or excavations of any kind in any public street, avenue, road or highway, either paved or unpaved, for any purpose unless such person, firm or corporation shall have first obtained a street opening permit and paid the fees therefor.
B. 
It shall be unlawful for any permit to be issued under the criteria as set forth in Subsection A or any following section for a period of five years after the resurfacing, repaving or reconstruction of any street in the Township of Dennis unless an emergency situation has been declared by the Township Committee of the Township of Dennis, New Jersey, which emergency shall require the street to be opened.
It shall be unlawful for any person, firm or corporation having obtained a street opening permit to disturb a greater area of surface than specified in such permit or to leave open at any time any trench or excavation for a period longer than is specified in the permit, nor shall there be left open at any time any trench or excavation of a length greater than 100 feet. No trench or excavation shall be left open at any time after dusk.
A. 
It shall be the duty of any person, firm or corporation making any excavation within any highway of said municipality to protect the paving upon either side of the opening, to use sheet piling or such other means as will prevent the escape of soil from under it and, in determining the number of square yards of paving disturbed, to include such area of the pavement adjoining the opening made as will, in the opinion of such person or persons in charge of the highways of the Township of Dennis, be required to be taken up and relaid by reason of such failure to properly protect the same.
B. 
All openings and excavations shall be safely guarded by placing barricades and warning signs during the day and by barricades and lights from sunset to sunrise, and such other and further precautions shall be taken as may be necessary for the proper protection of life and property. If the entire excavation will exceed more than 1/2 of the width of the pavement, only 1/2 of the pavement shall be opened, and this is to be backfilled before the remainder of the excavation is opened, so as to permit the free flow of vehicular traffic. One lane for vehicular traffic shall be provided at all times. All signs shall conform to the Manual on Uniform Traffic Control Devices, as currently amended.
C. 
The person, firm or corporation making such excavation shall fill up such excavation to within 11 inches of the existing surrounding finished surface before making any other excavations, said filling to be in accordance with the requirements for subgrade in § 164-1. He shall further fill up such excavation to within four inches of the existing surrounding finished surface, said filling to be in accordance with the requirements for gravel base in § 164-1. He shall further place two two-inch lifts of bituminous concrete pavement. Only if bituminous plants are closed and it is not possible to obtain bituminous concrete may cold patch be substituted for hot bituminous concrete with the approval of the person or persons in charge of the highways of the Township of Dennis. The bituminous concrete or cold patch material shall be placed, compacted and maintained until such time as the permanent repairs are made by the person, firm or corporation that had made the excavation causing the requirement of this repair. Said filling and paving is to be done and completed within the time designated in the permit for completing such excavation.
The Township Clerk of Dennis Township is hereby authorized to issue a street opening permit to make openings or excavations within public streets, avenues, roads or highways of Dennis Township to such person, firm or corporation as shall apply for and pay the fees therefor as hereinafter mentioned, which permit shall be valid for the period as stated thereon and shall designate the location and surface area of such excavation to be made, the period of time the excavation is to remain open, the name of the person, firm or corporation to whom such permit shall be issued and the fees and deposits paid therefor.
A. 
To defray the expense of issuing the permit and inspection and replacing of the surface or paving of excavation made, any person, firm or corporation obtaining such permit shall pay to the Township Clerk for such permit the following fees:
(1) 
For every permit for making openings or excavations within any unpaved public street, avenue, road or highway: $50. In addition to the fee for the permit, the applicant shall deposit with the Clerk of the Township of Dennis cash, a certified check or a money order to the order of the Township of Dennis in the amount of $10 per square yard of opening, but no less than $50 for the purposes hereinafter expressed.
[Amended 11-24-1997 by Ord. No. 97-16]
(2) 
For every permit for making openings or excavations within any public street, avenue, road or highway whose surface is paved or otherwise covered or treated: $50. In addition to the fee for the permit, as herein provided, the applicant shall deposit with the Clerk of the Township of Dennis cash, a certified check or a money order to the order of the Township of Dennis in the amount of $20 per square yard of opening, but not less than $300, for the purposes hereinafter expressed.
[Amended 11-24-1997 by Ord. No. 97-16]
(3) 
In lieu of said security deposit, any public utility corporation, as defined in Title 48, Chapter 2, Section 13, of the Revised Statutes of New Jersey, may file with the Township Clerk a bond to the township in the sum of not less than $10,000, conditioned upon said utility's restoring to its original condition any public street, avenue, road or highway with the township opened or excavated by said utility, and otherwise complying with all provisions of this Article and further conditioned for the payment to the township of any moneys which said township is obligated to expend in order to restore such public street, avenue, road or highway to its original condition. Said bond shall not be considered to be filed unless approved by resolution of the Township Committee. In the event that, after a proper filing of bond by a utility, the utility shall fail to abide strictly by the provisions of this Article, the Township Committee may, by resolution, revoke the privileges granted under its bond, return the bond to the utility and require the security deposit specified above for all future road and street openings made by said utility. Nothing contained in this section shall be construed to relieve said utility of its obligation to obtain the permit provided for by this Article.
[Amended 11-24-1997 by Ord. No. 97-16]
(4) 
In the case of an emergency involving any underground gas, water, sewer, telephone or electric facility where immediate repair is required to prevent loss or damage to streets or property, or to provide continuation of service, it shall not be necessary to obtain a permit before commencing such repair, but such permit shall be obtained within two days thereafter, and this subsection shall not be held or taken in any case to exempt the person, firm or corporation repairing said facility from any other of the provisions of this Article.
B. 
The Township Clerk shall keep records of all permits issued by him and pay the fees therefor to the Township Treasurer, which fees shall be accounted for by him in his reports to the Township Committee.
C. 
The Township of Dennis shall resurface or repave the street so opened or excavated at the expense of the permittee in those instances where the permittee has not completed, within 30 days, weather permitting, the proper refilling and/or resurfacing of such street opening. The refilling or resurfacing of street openings by the city shall be done in accordance with the following schedule:
(1) 
The cost of resurfacing the opening in an unpaved street with such material as is contained on the other portion of said street shall be $10 per square yard or fraction thereof.
[Amended 11-24-1997 by Ord. No. 97-16]
(2) 
The cost of resurfacing the opening in a paved street shall be $20 per square yard or fraction thereof.
[Amended 11-24-1997 by Ord. No. 97-16]
D. 
A public utility company shall be entitled to permanently restore the surface of public streets, avenues, roads and highways. Said restoration shall be in conformance with § 164-1. Upon completion of said work, the Public Works Department of Dennis Township shall make inspection of the same and shall certify to the Township Clerk that the work has been completed in a satisfactory manner. In the event that the pavement or surface of the public street, avenue, road or highway shall not have been completed to the satisfaction of the Public Works Department of Dennis Township, the Public Works Department shall proceed to complete said work and relay the pavement or surface in a manner satisfactory to it. Upon completion thereof, the Public Works Department shall certify to the Township Clerk the costs of so doing, and, in that event, the township shall charge to the public utility company said costs.
E. 
The Township of Dennis shall retain, from the deposit money hereinabove referred to, the sum calculated as the cost of said resurfacing as hereinabove provided, and any sum remaining or unused from said deposit money shall be returned.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction thereof before the Mayor or other proper officer who shall try the same, be subject to a fine not exceeding the sum of $500 or to imprisonment for a period not exceeding 90 days.