A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes the application for a permit.
DIRECTOR
The person in charge of the Department of Public Works in the Township or his authorized deputy or representative.
EMERGENCY
Any unforeseen circumstances or occurrence, the existing of which constitutes a clear and immediate danger to persons or properties.
MUNICIPAL AUTHORITY
Any body corporate and politic created pursuant to the laws of the State of New Jersey.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
PERSON
Includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to an act of the New Jersey General Assembly. Whenever used in any section prescribing and imposing a penalty, the term "person," as applied to associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and controlled by the New Jersey Board of Public Utilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
STREET
Includes a public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township.
SURFACE
All area within the public right-of-way, including but not limited to the paved area and the shoulder area.
TOWNSHIP
The Township of Pequannock, County of Morris, State of New Jersey.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
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.
A. 
Any permit may be revoked by the Director after notice to the permittee for:
(1) 
A violation of any condition of the permit or of any provision of this article.
(2) 
A violation of any provision of any other applicable law or ordinance relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering safety or property.
B. 
A permittee shall be granted a period of three days from the date of the notice from the Director to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked. Written notice shall consist of a certified letter to the permittee from the Director briefly outlining the reasons for revoking the permit. Revocation of any permit shall give the Township the right to complete the work and restore the street to the proper condition as outlined in this article. Any and all expenses incurred by the Township shall be recovered from the deposit or bond that the permittee has made or filed with the Township.
A. 
Application for a permit shall be made to the Director on the form provided at least 48 hours in advance of any construction. No work shall commence until the applicant has paid and provided all fees, deposits, certificates and bonds required by this article. Also, the permit shall be issued by the Director after the application has been made.
B. 
The application form shall correctly state:
(1) 
The name of the property owner (service work).
(2) 
The house number and street.
(3) 
The contractor's name, phone number and address.
(4) 
The type of work proposed.
(5) 
Material to be used, including pipe material and any structures.
(6) 
The purpose of the trench or excavation.
(7) 
The date work is to be started and the date work is to be completed.
(8) 
A list of equipment to be used.
C. 
In addition, the applicant shall furnish, in triplicate, a plan showing the work to be performed under said permit. Two copies of such plan shall be returned to the applicant at the time the permit is granted. The plan shall include:
(1) 
The size of the opening or limits of work to be performed.
(2) 
The depth of the opening.
(3) 
The location of work with respect to the nearest intersection.
(4) 
A plan of piping or other structures to be constructed (schematic drawings are acceptable except for road openings longer than 150 feet).
D. 
Finally, the applicant agrees to save the Township, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue by reason of any work performed under said permit. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
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.
A. 
Computation of deposit.
(1) 
Upon receipt of a properly completed application, the Director shall determine the amount of the deposit to be made by the permittee prior to commencement of the work. The minimum deposit shall be $200. Should the Director determine that the deposit shall be more than the minimum, a schedule of charges and projected cost will be provided to the applicant.
(2) 
The deposit shall be paid at the time the permit is received. The amount of the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by the Township in connection with the work authorized by the permit to cover all necessary inspections, replacements and repairs of said work and for any other purposes set forth in this article.
(3) 
The Township may elect to waive this requirement insofar as it pertains to a public utility company if such company files with the Township its corporate bond in a form satisfactory to the Township Attorney conditioned upon the payment paid out of such a deposit. In the event any public utility company elects to file such a bond, the Township shall bill such company monthly for costs as they accrue.
B. 
Form of deposit. The deposit may be either in the form of a certified treasurer's or cashier's check or lawful money of the United States.
C. 
Insufficient deposit. If any deposit is less than sufficient to pay all costs accrued by the Township, the permittee shall, upon written notification, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency within three days after being notified the subject permit is automatically revoked. The Township may institute an action to recover the deficiency in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
D. 
Yearly deposits. Whenever any public utility does not elect to file a corporate bond as provided in Subsection A(3) of this section, such public utility may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of deposits for any and all work.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Decision on costs. The Director shall determine the cost of any work done or repairs or replacements made by him or under his direction pursuant to the provisions of this article. Cost shall include direct labor, equipment and material costs as incurred by the Township or agent of the Township. Cost for inspections during temporary and final pavement replacement shall be as provided in Chapter 152, Fees. In the event a permittee disputes the amount charged by the Township for work or repairs the Township Manager shall determine the amount due to the Township.
F. 
Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after the Director has approved final restoration of the opening, the Township shall refund the permittee his deposit less all costs incurred by the Township in connection with said permit. In no case shall the deposit be refunded less than one year after temporary restoration.
[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.
A. 
All pavement cuts, openings and excavation shall be properly made, backfilled and restored in accordance with Article V, Street Construction Standards, of this chapter.
B. 
The restoration shall be performed in two stages when a cut has been made in roadway paving.
(1) 
Temporary pavement replacement. On the same day that a road opening is backfilled, the opening shall be restored on a temporary basis as follows: the trench or opening shall be backfilled in layers not to exceed six inches in thickness. The layers shall be compacted with hand or mechanical tamping equipment. The temporary paving shall consist of at least six-inch-thick dense-graded aggregate subbase course if the subbase contains excessive quantities of clay or organic material. The subbase course shall be compacted with mechanical tamping equipment as outlined in the street specifications. A bituminous stabilized base course Mix I-2 shall be applied no less than six inches in thickness and shall be maintained even with the surface of the road.
(2) 
Permanent pavement replacement. After a period of six months from date of temporary pavement replacement and no more than one year following temporary pavement replacement, the permittee shall make a permanent repair of the opening. The top course shall be bituminous concrete surface course Mix I-5. The top course shall extend six inches beyond the edge of the opening on all sides and shall adhere to the existing pavement by using an asphaltic tack material. The surface course shall be thoroughly compacted according to the street specifications. If settlement of the opening occurs after the permanent replacement, the Director shall require the pavement to be removed and replaced with a four-inch bituminous stabilized base course and a two-inch bituminous concrete course. In any event, the deposit will not be refunded prior to one year following temporary pavement replacement.
C. 
If paving surfaces adjacent to the street opening have been damaged or where equipment used has caused damage to the street, the permittee shall restore those areas also in the same manner as the road openings.
D. 
All openings and damaged areas shall be squared off with a saw cutter prior to excavation. A jackhammer may be used for the opening if approval is given by the Director. This shall be indicated on the permit application. The Director shall make such inspections as he may deem necessary to ensure compliance with the provisions of this article.
E. 
The permittee shall notify the Director, in writing, prior to completion of all work. Return of any amounts from the deposit shall constitute approval of the restoration by the Director.
F. 
The Director may also issue a certificate of final inspection indicating that the work authorized by the permit has been performed according to the Township specifications. The final inspection may be made when the permanent restoration is completed. However, the deposit shall be refunded no sooner than one year following temporary pavement replacement.
G. 
In no case shall any opening made by a permittee be considered in the charge or care of the Township or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power of the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Every person owing, using, controlling, or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water or steam to or from the Township or to or from its inhabitants or for any other purposes shall file with the Director within 120 days after the adoption of this article a written statement containing the names of the Township's streets wherein the aforementioned facilities owned by such persons are located and a schematic plan indicating said facilities. This plan will not be used for location information, only as a reference.
B. 
Within 90 days after the first day of January of each and every year, such person shall forward to the Director an updated statement and plan required in Subsection A above.
A. 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street or the use thereof is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Director a statement in writing giving in detail the location of the structure so abandoned.
B. 
Whenever there are manholes or tunnels associated with abandoned underground facilities, such manholes or tunnels shall be filled in at time of abandonment and the Director shall be notified thereof in writing.
C. 
When the Township plans to pave or improve streets in which there are abandoned facilities, the owners of such facilities shall be required to remove them if, in the opinion of the Director, their removal is in conflict with work to be performed by the Township. If the owner shall refuse to remove such facilities, the Township shall remove the abandoned facilities and the owner shall reimburse the Township for such removal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]