It shall be unlawful for any person to place any form of construction,
in, over or upon any Township-owned or unaccepted dedicated street,
avenue, highway, lane, alley or public place in the Township without
first obtaining a permit from the Township for each separate undertaking.
Any public utility maintaining pipe, line or other underground facility
in or under the surface of any street may proceed with an opening
without a permit when emergency circumstances demand the work to be
done immediately. The utility shall thereafter apply for a permit
on the first regular business day. In all cases where emergency openings
are necessary, the Township Police Department shall be notified prior
to each opening.
No person to whom a permit has been granted shall perform any
work beyond that specified in the permit without approval by the Director
for additional work under the provisions of the permit. Any additional
deposit required shall be provided prior to commencement of the additional
work.
Work for which a permit has been issued shall commence within
30 days after issuance of the permit therefor. If not so commenced,
the permit shall be automatically terminated unless the permittee
applies to the Director for an extension of time. A new application
must be filed if an extension of time is not requested within the
thirty-day period after the issuance of the original permit.
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the location specifically
designated in the permit.
Every permit shall expire within the time stated in the permit.
If work is not completed within the specified time, the applicant
shall submit to the Director, in writing, a request for an extension
of time setting forth therein the reasons for the requested extension.
If, in the opinion of the Director, such an extension is necessary
and will not cause disruption to public safety, the permittee may
be granted additional time for the completion of the work.
All street openings required by utilities owned and/or operated
by the Township shall be made and restored under the direction and
supervision of the Director. The permit fee, deposit and insurance
requirements of this article shall not be applicable to any openings
made by the Township.
Any person receiving a permit shall agree to the following:
A. Work will not interfere with
proper drainage of the street.
B. The Pequannock Township Police
Department will be contacted prior to the commencement of the work
for approval of traffic control procedures, signs and other road safety
precautions if the road is to be closed for any length of time.
C. No work will be started until
the Director has:
(1) Inspected the proposed work
location.
(2) Approved the plan submitted
with the application.
(3) Stamped the application as
"approved."
D. Applicant will comply with all
provisions of this article and other Township ordinances.
E. Applicant will notify the Director:
(1) Prior to completion of temporary
pavement replacement.
(2) Prior to completion of permanent
pavement.
Any person submitting an application for a permit shall pay a permit fee as provided in Chapter
152, Fees, at the time of application. Public utility companies may, upon written notice to the Director, elect to be billed monthly for such fees as they accrue.
[Amended 10-29-2008 by Ord. No. 2008-29; 12-22-2015 by Ord. No. 2015-18]
A. No opening or excavation in any
street shall extend beyond the center line of the street before being
backfilled and the surface of the street temporarily restored.
B. All utilities shall be notified
by the applicant prior to commencement or work. The applicant is also
responsible for calling the toll-free number for utility locations
(800-272-1000).
C. Pipe drains, pipe culverts, drainage
basins, right-of-way monuments and other facilities shall be properly
protected from damage by the permittee.
D. All spoils from an excavation
shall be disposed of by the permittee. The Township will not assume
any responsibility for dump site locations. Spoils and other excavation
material which cannot be used as backfill must be disposed of in the
proper manner by the permittee. Any spoils or other excavation material
must be removed from the traveled roadway prior to the end of the
working day. In the event the spoils or other excavation material
is not removed, the Director shall cause such removal and the cost
incurred shall be paid by the permittee or deducted from his deposit.
E. Every permittee shall place around the project such barricades, lights, warning flags and danger signs as shall be approved by the Pequannock Township Police Department for the protection of the public. Barricading and signs shall be in accordance with the regulations set forth in the United States Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, latest edition. The control of traffic shall conform to the requirements of Chapter
340, Vehicles and Traffic.
F. Except for service openings,
the permittee shall notify or request the Township to notify, at the
expense of the permittee, all property owners within 100 feet of any
excavation. Property owners shall be notified at least 48 hours in
advance if access to private driveways cannot be provided at any time
during performance of the work outlined in the permit. In no event
shall access to driveways be restricted during nonworking hours. Free
access shall be provided at all times to fire hydrants.
G. Work authorized by a permit shall be performed between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. Work on heavily travelled roads, as defined in §
340-23, shall be confined to the hours of 9:00 a.m. to 4:00 p.m. unless approved otherwise as provided for in §
340-23. Work on Saturdays or work on weekends and holidays or an earlier or later hour shall only be done with the written permission of the Director and the Pequannock Township Police Chief for any work which is not an emergency.
H. In granting a permit the Director
may attach such other conditions thereto as may be reasonably necessary
to prevent damage to public or private property or to prevent the
work from being conducted in an unsafe manner or in a manner likely
to create a nuisance. Such conditions may include but shall not be
limited to:
(1) Limitations on the period
of the year which the work may be performed.
(2) Restrictions as to the size
and type of equipment.
(3) Requirements concerning trench
sheeting, dewatering or blasting.
(4) Requirements as to dust control,
street cleaning, and the prevention of noise and other results offensive
or injurious to the neighborhood, the general public, or any portion
thereof.
(5) Regulations as to the use
of streets in the course of the work.
I. No road openings shall be issued
for a period of five years after the completion of initial roadway
construction or repaving except under extraordinary circumstances
with the approval of the Township Council. However, road opening for
utility connections may be permitted, administratively, by the Township
Engineer with the following repair/restoration requirements:
(1) The trench repair shall be
installed to a depth within five inches of existing roadway grade
and shall include quarry process backfill compacted in one-foot lifts.
The pavement shall be replaced with five inches of hot-mix asphalt,
in accordance with current New Jersey Department of Transportation
standards.
(2) The road must be allowed
to settle a minimum of 30 days with a maximum of 90 days, at which
time the final pavement and all seams shall be infrared treated to
ensure the new pavement blends thoroughly with the existing pavement.
The timing of the infrared treating operation must conform to the
manufacturer's recommendations.