It shall be unlawful to excavate, dig in, tunnel or open any public street in the Township of Union in the County of Union for any purpose without a permit being first secured from the Township Public Works Superintendent or authorized agent and except upon compliance with the provisions of this article. "Street," for the purpose of this article, shall mean any road, thoroughfare, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any other state or county road or highway over which the Township has acquired jurisdiction by agreement.
[Amended 11-22-2005 by Ord. No. 4918]
Any person, firm, or corporation desiring a permit for the opening of a street or tunneling therein shall make application to the Township of Union Public Works Superintendent or authorized agent setting forth the following information:
A. 
The name and address of the applicant.
B. 
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Township Tax Map index, block and lot number of the property for the benefit of which the opening is to be made.
D. 
The nature of the surface in which the opening is to be made.
E. 
The character and purpose of the work proposed.
F. 
The time when the work is to be commenced and completed.
G. 
The plan showing the exact location and dimension of all openings.
H. 
The name and address of the workmen or the contractor who is to perform the work, if different from the applicant.
I. 
A statement that the applicant agrees to replace, at his own cost and expense, in accordance with Township specifications and details, the opening to the same state and condition as they were at the time of the commencement of the work, and further agrees to comply with all other applicable ordinances, regulations and laws relative to the work.
J. 
Agreeing to indemnify and hold harmless the Township from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
K. 
Such other information as the Township Public Works Superintendent or authorized agent may consider pertinent.
L. 
The registration number from the underground location service [Supersnooper (800)-272-1000] indicating that they have been properly notified and will locate underground facilities in the area of the proposed opening or tunneling operation.
M. 
The following streets have Joint Meeting of Essex and Union County (JMEUC) sanitary sewer trunk lines; any requests for road opening permits for which sanitary sewer connections are proposed on these streets shall be reviewed to verify if connections are being made directly to the JMEUC trunk lines. The list shall not be deemed inclusive of all JMEUC facilities and is subject to change pending upgrades and modifications to JMEUC facilities. If connections to the trunk sewer owned by JMEUC are proposed, the applicant shall be referred to JMEUC for permission to connect. If JMEUC approval is granted, the applicant may return with evidence of JMEUC approval to complete the road opening process.
Street Name
Sewer Location
Allen Avenue
Between Burnet Avenue and Center Street
Allen Avenue
Crossing near Kathleen Terrace
Brookfall Avenue
Entire length
Burnet Avenue
Crossing between Allen Avenue and Branford Avenue
Carlton Terrace
Crossing near Kathleen Terrace
Dorchester Road
Crossing near Burnet Avenue
Erhardt Street
Entire length
Everett Circle
Entire length
Franklin Street
Entire length
Greenfield Street
Crossing approximately 3/4 of street from Springfield Avenue
Hamilton Terrace
Entire length
Harold Street
Crossing at end of street
Hendricks Drive
Crossing near Public Works yard
Kathleen Terrace
Near Allen Avenue
Lehigh Avenue
Crossing between Morris Avenue and Hampton Avenue
Liberty Avenue
Crossing at Hamilton Terrace
Linwood Road
Between Gail and Liberty Avenue
Lynmar Way
Between North Avenue and Travers Street
Monmouth Road
Between City of Elizabeth municipal boundary and Lynmar Way
North Avenue
Between Vivian Terrace and Lynmar Way
Potter Avenue
Between Beverly Road and Salem Road
Route 22
Crossing between Highland Avenue and North Sunset
Salem Road
Crossing between Clifton Terrace and Hillside Township Municipal Boundary
Springfield Road
Crossing near Home Depot jug handle
Stahuber Place
Crossing between Dorchester Road and Vauxhall Road
Swanstrom Place
Crossing near Public Works yard
Union Avenue
Between Gregory Avenue and Garden State Parkway
Vauxhall Road
Between Brookfall Avenue and Robert Street
Vauxhall Road
Crossing between Winslow Avenue and Swanstrom Place
Walker Avenue
Crossing between Day Terrace and Interstate 78
Winslow Avenue
Between Morrison Avenue and Vauxhall Road
N. 
If the applicant is proposing a sanitary sewer connection to a Township-owned sanitary sewer, the applicant shall submit sanitary sewer connection details. The submittal shall include inverts elevations at the proposed connection and exiting the structure.
[Amended 11-22-2005 by Ord. No. 4918]
A. 
The Township of Union Public Works Superintendent or authorized agent is hereby authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health. If a permit is refused by the Township Public Works Superintendent or authorized agent, an appeal may be taken to the Township Committee. The Township Committee, after hearing the applicant and the Township Public Works Superintendent or authorized agent and such evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Township Public Works Superintendent or authorized agent.
B. 
Permits for openings requested on roadways which have been resurfaced within 10 years shall be refused, unless the work is deemed by the Township Engineer to be an emergency. Roadways that have been microsurfaced within five years shall also be refused, unless, as noted above, the work is deemed to be an emergency. Emergency repair work shall not include any routine or preventative maintenance or upgrades to public owned utilities. New residential or commercial construction is exempt from the above moratoriums, provided the applicant complies with § 530-9. Should the applicant be granted a permit for emergency work or new construction, the applicant shall be responsible to restore the road in accordance with § 530-9.
[Amended 10-11-2016 by Ord. No. 5397]
[Amended 11-22-2005 by Ord. No. 4918; 3-23-2010 by Ord. No. 5129]
All permits issued under this article shall require the applicant to comply with the following:
A. 
All excavations shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with the proper warning lights. The applicant shall provide such signs, controls, barricades, warning lights and personnel necessary for safe operation and compliance with the current edition of the New Jersey Department of Transportation Construction Specifications for Bridge and Roadway Construction, the current edition of the Manual on Uniform Traffic Control Devices, and all applicable federal and state laws.
B. 
All excavations or tunneling shall be sheeted, shored or braced in accordance with applicable safety codes and Occupational Safety and Health Administration (OSHA) standards.
C. 
All work shall be done in such a 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 Township Department of Public Works and the Police and Fire Departments. The Township Department of Public Works and the Police and Fire Departments shall be notified of all street closings at least 24 hours in advance, except where the work is of an emergency nature, when notice shall be given to the Township Public Works Superintendent or authorized agent and Police and Fire Departments when work commences.
[Amended 3-9-2021 by Ord. No. 5693]
D. 
Longitudinal and transverse trenches must be sawcut in a neat straight line. The lines shall be parallel to the roadway centerline with square edges. If during construction the pavement edge is broken, the pavement shall be sawcut to provide a neat straight line.
E. 
All refuse and material shall be removed within 24 hours.
F. 
All excavations shall be completely backfilled with a ready-mixed flowable fill with a twenty-eight-day compressive strength of 1,200 psi to within six inches of the surface of the pavement for the hot mixed asphalt base course (four inches) and hot mix asphalt surface course (two inches).
G. 
If tunneling operations are required the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
H. 
If blasting is required in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
I. 
Restoration of any street foundation or surface shall not commence until the Township Public Works Superintendent or authorized agent or his designated representative has determined that the ready-mixed flowable fill has cured sufficiently for placement of asphalt courses.
J. 
The finished pavement thickness shall match that of the existing roadway, but shall not be less than six inches thick. The typical pavement section shall consist of Hot Mix Asphalt Base Course, Mix I-2, four inches thick and Hot Mix Asphalt Surface Course, Mix I-5, two inches thick. For longitudinal trenches, the contractor shall, at a minimum, mill and resurface half of the roadway width from edge of pavement to center line of the road. Prior to placing the top course material, the base course and cold joints must be tack coated. Where openings have been made in a concrete roadway, the trench shall be excavated to the bottom of the concrete base course. The existing concrete base course shall be drilled and doweled and concrete base course with a minimum twenty-eight-day compressive strength of 4,500 psi shall be installed to match the existing concrete thickness.
K. 
The street surface shall be restored to the satisfaction of the Township Public Works Superintendent or authorized agent. The surface pavement at the utility service connections shall be heated using infrared technology so that the mending of the old and new asphalt is achieved and joints are not visible.
L. 
All work, material, and equipment shall conform to the requirements of the current edition of the New Jersey Department of Transportation Construction Specifications for Bridge and Roadway Construction. The materials and work shall also be in accordance with applicable Township regulations, specifications, and details as deemed appropriate by the Township Public Works Superintendent or authorized agent.
The following conditions and regulations shall apply to all permits issued under this article:
A. 
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 30 days from the date of issuance of the permit, which shall be valid for 30 days therefrom. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Township Public Works Superintendent or authorized agent.
C. 
Possession of permit. A copy of the permit shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized representative or police officer of the Township.
D. 
Revocation of permit. The Township Public Works Superintendent or authorized agent may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.
(2) 
Violation of any condition of the permit issued.
(3) 
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or a nuisance.
E. 
Modification of permit conditions. In a special case, the Township Committee may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not be applicable or may be modified.
F. 
The Township Public Works Superintendent or authorized agent may make any rules and regulations which he considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend the intent of any provision of this article or impose any requirement which is in addition to those expressly or by implication imposed by this article. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[Amended 11-22-2005 by Ord. No. 4918]
A. 
Prior to issuance of any permit pursuant to this article, the applicant or owner shall file an application for said permit at least 48 hours prior thereto and shall pay for said permit in accordance with the following schedule:
(1) 
Application fee:
(a) 
Normal: $40.
(b) 
Nonreported opening: $200.
(2) 
Permit fee:
(a) 
Up to 25 square feet: $100.
(b) 
Between 25 and 50 square feet: $150.
(c) 
Over 50 square feet: $3 per square foot.
(3) 
Cash bond:
(a) 
First opening: $1,000.
(b) 
Second and subsequent openings: $500 each.
B. 
All application and permit fees are nonrefundable, and said application and permit, once issued, are valid for a period of one year, pending compliance with § 530-10B.
C. 
The fee will be waived for work done by Union County forces although Union County shall be required to file an application prior to any work being done.
D. 
Public utilities will be allowed to establish an escrow account with the Township of Union for the required cash bonds. A maximum of $2,500 shall be deposited in this account, unless a single project requires the posting of a larger amount as determined by the Township Public Works Superintendent or authorized agent. The Township of Union shall have the authority and right to use the escrow funds to restore or maintain the work covered by the permit if the applicant fails to do so within 24 hours of notification by the Township in instances of public safety of the traveling public.
One year after the permanent restoration is completed, the Township shall reinspect the area. If the restoration is satisfactory, the cash bond shall be refunded; if additional restoration is required, the Township shall notify the applicant of the additional work to be performed and will reinspect the restoration area again. One month after the corrective action, a refund shall then be made if restoration is satisfactory.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any of the provisions of this article shall be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $2,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.