A. 
No person shall dig up and excavate or make any opening in any street, road, avenue, right-of-way, easement, highway or any portion thereof owned or under the jurisdiction of the Township of Manalapan for any purpose whatsoever without having obtained a road opening permit. All such permits shall be issued by the Code Enforcement Officer or the Township Engineer or, in their absence, the Director of Public Works.
B. 
Work of an emergent nature to address a condition which immediately threatens public safety or health may be commenced upon the verbal approval of the Mayor, the Township Committeeman in charge of roads, Public Works Director, or Township Engineer prior to starting the work. Full road opening permit application compliance in accordance with Subsection A shall be required the next Township business day.
C. 
No person shall dig up and excavate or make any opening in any street, road, avenue or highway owned or under the jurisdiction or to be ultimately dedicated and accepted for ownership and jurisdiction by the Township of Manalapan within five years of completion of any reconstruction, bituminous concrete surface overlay or other construction to improve the surface for the motoring public, unless the work is of an emergent nature to address a condition which immediately threatens public safety or health.
D. 
A permit for a road opening of an emergent nature during the five-year moratorium period shall be subject to the following conditions:
(1) 
The person responsible for the opening of the roadway during the five-year moratorium period shall perform such final pavement restoration as determined to be necessary in the reasonable discretion of the Director of Public Works or Township Engineer. The required final pavement restoration may involve improvements up to and including full width pavement milling and resurfacing of the roadway along the entire length of the frontage of the property in front of which the roadway was opened or disturbed. The final restoration work shall be performed no less than 90 days nor more than 180 days following the completion of the work associated with the road opening, unless otherwise directed by the Township Engineer or Director of Public Works.
(2) 
In addition to performing the required final pavement restoration, the person responsible for the opening of the roadway during the five-year moratorium period shall pay a newly paved roadway restoration fee, which shall be calculated pursuant to § 204-2B. All such fees shall be used for the paving, repaving, repair and construction of curbs and roadways in the Township.
(3) 
The person responsible for the opening of the roadway during the five-year moratorium period shall pay the required newly paved roadway restoration fee within 90 days of notification of the fee required, unless an alternative payment schedule is agreed upon by the Township and established in writing.
(4) 
Should the newly paved roadway restoration fee not be paid within the time required, the amount of the fee may be imposed by resolution of the Township Committee as a lien upon the property of the permittee or collected in a summary action in the Superior Court of New Jersey, Monmouth County pursuant to R.4:67.
(5) 
In addition to the requirements defined herein, the person responsible for the opening of the roadway during the five-year moratorium period shall remain responsible for the condition and maintenance of any temporary restoration associated with the road opening until such time as the final pavement restoration is completed and approved by the Township.
(6) 
The fees associated with an emergency roadway opening during the five-year moratorium period shall be as defined in § 204-2B.
(7) 
Request for relief from any of the provisions of § 204-1C may be submitted to the Township Committee through the office of the Township Clerk. Such a request shall clearly indicate the specific provisions from which relief is being requested and shall require the submission of written justification for the request. The nonrefundable fee for such requests is $500.
A. 
Information required. Every applicant for a road opening permit shall make application on the form provided by the Township. The application shall be in quadruplicate and shall contain the following information.
(1) 
Application information:
(a) 
Date of commencement and completion.
(b) 
Expected hours of work for the project.
(c) 
Street to be opened and nearest intersecting street(s).
(d) 
Dimension of road, right-of-way, pavement, physical features as related to proposed road opening.
(e) 
Existing underground utilities within road opening area.
(f) 
Proposed means of traffic and pedestrian safety, control and detour plan (when applicable).
(g) 
Special conditions.
(h) 
Purpose of road opening.
(i) 
Name, address and phone number and emergency phone number of applicant and contractor.
(j) 
And such additional information as the Township Committee may by resolution require from time to time.
(2) 
The application shall further provide that the applicant agrees to open no greater part of the road, street or highway at any time than shall be approved by the Code Enforcement Officer, Township Engineer or other person in charge for the Township. The Code Enforcement Officer shall refer the permit application to the Director of Public Works and any other Township officials of interest in the application, including but not limited to the Police Department and Construction Code Official, for review and comment prior to the issuance of the permit. Copies of the approved permit shall be issued to the Police Department, Public Works Department and Township Engineer. The original shall be retained by the Code Enforcement Officer. Permits shall be for a three-month period, and expired permits may be renewed upon written request.
B. 
Fees and deposits.
(1) 
No work shall be commenced until all fees and deposits are posted as follows:
(a) 
Nonrefundable application fee: $150.
(b) 
Nonrefundable inspection fee: $200 minimum, for four-foot-by-four-foot opening or smaller.
(c) 
For openings greater than four feet by four feet, inspection fee shall be $200 plus $1 per square foot over four-foot-by-four-foot opening. However, depending upon the scope and nature of the proposed roadway opening and project necessitating same, the required inspection fee may be as calculated by the Township Engineer pursuant to the provisions of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(d) 
Refundable performance guarantee: $500 minimum, for four-foot-by-four-foot opening or smaller.
(e) 
For openings greater than four feet by four feet, performance guarantee shall be $500 plus $3 per square foot over four-foot-by-four-foot opening, or as otherwise calculated and required by the Township Engineer.
(f) 
For emergency road opening permits issued during the five-year moratorium period, the nonrefundable application and inspection fees and performance guarantee shall be triple the amounts calculated as per § 204-2B(1)(a) through (e) above.
(g) 
All performance guarantees shall be posted in cash, unless an alternative form is approved by the Township Engineer and Township Attorney.
(h) 
Newly paved roadway restoration fee (NPRRF) shall be calculated as follows:
[1] 
The "base restoration cost" (BRC) shall be calculated by the Director of Public Works or Township Engineer and shall include all costs necessary for the Department of Public Works or its contractor to complete the full width pavement milling and resurfacing of the roadway along the entire length of the property in front of which the roadway was opened. BRC shall include all costs associated with the use of Township personnel and/or equipment, as calculated by the Department of Public Works.
[2] 
The "net restoration cost" (NRC) shall be the difference between BRC and the actual cost of the final pavement restoration required by § 204-1D(1). NRC shall be calculated by the Director of Public Works or Township Engineer based upon invoices and/or other documentation provided by the contractor or permittee to confirm the actual cost of the final pavement restoration. The actual cost of the final pavement restoration shall not include any costs associated with the initial road opening or the temporary restoration.
[3] 
NPRRF shall be calculated as a percentage of the NRC based upon the timing of the initial disturbance of the roadway under the five-year moratorium, as follows:
Timing of Initial Disturbance (Following Completion of Roadway Pavement Resurfacing)
Newly Paved Roadway Restoration Fee
1 day to 1 year
100% of net restoration cost
1 year + 1 day to 2 years
80% of net restoration cost
2 years + 1 day to 3 years
60% of net restoration cost
3 years + 1 day to 4 years
40% of net restoration cost
4 years + 1 day to 5 years
20% of net restoration cost
(i) 
Road opening permits for roadways that have been reconstructed, resurfaced, or otherwise modified to improve the travel lane surface for the motoring public greater than five years but less than 10 years prior to the proposed disturbance associated with the road opening permit shall be subject to a NPRRF in the amount of 5% of the NRC. All such fees shall be used for the paving, repaving, repair and construction of curbs and roadways in the Township.
(2) 
The acceptance of the work by the Township Engineer or Public Works Director shall be issued in writing. In the event that the work shall not be satisfactorily completed in accordance with the provisions of this article and is not accepted by the Township Engineer or Public Works Director the Township may at its option do the necessary work, and the costs thereof, as well as any and all other associated administrative, engineering, legal and other costs, shall be deducted from the performance guarantee posted by the permittee.
(3) 
Within four weeks of the completion of the work by the Township, the final charges will be billed to the permittee, and the original performance guarantee will be credited against the total cost. Should the performance guarantee exceed the amount of total cost, the balance will be returned to the permittee upon approval and acceptance of the work by the Township Engineer or Public Works Director. The cost to the Township for doing the work will be determined by the Township Engineer or Director of Public Works and shall include the actual cost of all material and labor incurred by the Township in connection therewith. The Township Engineer or Director of Public Works may delay approval and acceptance for a reasonable period of time, not to exceed one year, to allow the backfill of any opening to settle and to determine that the pavement restoration is sound and proper.
(4) 
If the work is satisfactorily performed and accepted by the Township Engineer or Public Works Director, the performance guarantee shall be returned within 45 days of acceptance.
C. 
Yearly deposit. Whenever any public utility or authority shall anticipate more than one street opening or excavation per calendar year, such authority may post either in cash or by letter of credit one deposit in an amount and form as provided above for the calendar year or part thereof to cover the costs of such work. Public utilities authorities with assets of more than $1,000,000 may post a corporate bond or letter of credit in an amount less than $50,000 to cover the anticipated work for the year.
D. 
Blanket bond. A licensed contractor who anticipates performing work for residents which will require the posting of more than one but less than 10 refundable roadway restoration deposits, pursuant to Subsection B herein, may post a blanket bond in the amount of $5,000 on behalf of the residents. The bond shall be in a form acceptable to the Township Attorney and shall not be canceled until all road restoration work guaranteed by said bond has been inspected and improved by the Township. This provision shall be subject to approval by the Township Engineer or Director of Public Works dependent upon the scope, number and nature of the roadway openings anticipated.
A. 
Compliance with regulations; revocation of permit. Every permittee issued hereunder shall fully comply with all rules, regulations and conditions of this article. In addition to any other remedies available to the Township, the Township shall have the right, at any time when the interest of the public so requires upon failure of the permittee to comply with any of the rules, regulations and conditions, to suspend or revoke any permit issued. Revocation may be by a written notice, served upon the permittee, the foreman or other person in charge of the work of the applicant or any other person named in the application.
B. 
A hearing on any permit revocation or suspension before the Township Committee may be held upon the request in writing made by the permittee to the Township Clerk. Said hearing shall be held within 30 days of the request. Failure to hold such a hearing shall be deemed a denial of the appeal.
C. 
Protection for traveling public.
(1) 
The permittee shall keep the opening properly guarded with barricades, barriers, fencing, signage, flagmen, warning lights and other devices as required to protect the pedestrian and motoring public in all day, night and inclement weather conditions. In doing the work, there shall be as little interference as possible with travel along the road, and no greater part of the road shall be opened any time than shall be allowed by the Township Engineer, Township Police Department, or other Township official in charge. Transverse openings, involving the full width of the paved travel lane, shall be made so that only 1/2 of the paved travel lane, will be obstructed at any one time. The work shall be scheduled and executed to present a minimum of inconvenience to the traveling public. Where feasible, pipes, mains and conduits shall be bored under all pavements. Tunnels may be driven if and where directed.
(2) 
All signs, markers, barriers, lights or other warning devices placed upon a roadway during construction shall be of a type approved by the current United States Department of Transportation "Manual of Uniform Traffic Control Devices" prior to their placement.
(3) 
The permittee shall submit a detailed roadway detour plan at all times when the road is not to be continuously open to the motoring public. The plan shall include details as to the placement of all caution, warning and detour signs; barriers, barricades, lights, uniformed traffic control officers, detour routes and any other information as may be required by the Township. Said plans shall be approved by the Township Engineer and Police Department prior to implementation.
(4) 
The Code Enforcement Officer, Township Engineer, Public Works Director and any other responsible Township official shall be notified at least 48 hours before a street is opened. The permittee also shall provide notification of an approved road closing and detour plan at least seven days in advance of the road closure to the Township Police Department, Public Works Department, Township Clerk, Gordons Corner and Millhurst Fire Companies, the Township EMS contractor, Englishtown-Manalapan School District, Freehold Regional High School District and any other party directed by the Township.
D. 
Protection from suits. The permittee shall hold harmless the Township of Manalapan, its officers and employees from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his or its agents or servants in connection with the performance of the work covered by the permit.
E. 
Time limit. In case the work has not been completed before the day of expiration of the permit, and the permittee has not requested an extension of time, the Township Engineer or other person in charge may take steps to backfill the trench and install pavement over the opening for which the permit has been issued. The permittee shall be responsible for all costs incurred by the Township.
F. 
Removal of the existing pavement. Existing pavement shall be marked with a neat straight line to indicate the portion of the street to be opened. Pavement cutting shall be accomplished with a saw or by other such means as will produce a straight vertical cut with no uneven edges and without damaging adjoining pavement. The existing pavement shall be further removed to a total width of at least 24 inches wider than the trench width, 12 inches on each side of the trench excavation upon complete backfilling of the roadway excavation to the satisfaction of the Township. Removal of pavement by a rotating cutting blade/trencher (i.e., Ditch Witch) shall not be permitted unless the trencher provides a pavement opening wide enough to properly backfill and compact the trench and restore the pavement mechanically.
G. 
Excavation. The work shall be so conducted as not to interfere with any existing water main, sewer, gas, electric power, cable television, or telephone connections with houses or to damage any existing trees or roots thereof, without permission of the proper authorities. It shall be the permittee's responsibility to arrange for the notification, location and mark out of all utilities prior to commencement of any excavation. Noncompliance will result in a stop order from the Township Engineer, Public Works Director, Code Enforcement Officer or Construction Official. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting.
H. 
Backfilling and temporary paving.
(1) 
The permittee shall completely backfill and compact the excavation and the trench with sand, gravel, NJDOT quarry process stone or other proper materials as approved by the Township Engineer or Director of Public Works, acceptably compacted in six-inch lifts mechanically as required and shall remove excess material from the worksite. All backfilling and compaction shall be done in accordance with current New Jersey Department of Transportation standard specifications.
(2) 
Longitudinal ditches shall be compacted by rolling with suitably heavy mechanical, self- powered rollers or mechanical vibratory rollers or compactors. Dual-tired trucks, rubber-tired loaders or tracked equipment shall not be used for that purpose. If for any reason immediate replacement of pavement is not feasible, the excavation shall be backfilled and consolidated as specified above, after which not less than eight inches of bituminous stabilized base (Mix I-2 or approved equal) shall be affixed in accordance with current New Jersey Department of Transportation standard specifications as soon as conditions permit.
I. 
Temporary restoration of bituminous pavement. After the backfilling and compaction of the trench has been completed as above specified, temporary replacement of the bituminous pavement shall be made by the permittee. Bituminous pavement replacement shall consist of a minimum of eight inches of bituminous stabilized base course (Mix I-2 or approved equal) in accordance with current New Jersey Department of Transportation standard specifications to a total width of 24 inches wider than the trench width, 12 inches on each side of the trench excavation. The temporary pavement shall be installed up to the top of the excavation and compacted with a roller such that it is level with the adjacent, existing, undisturbed roadway. Prior to the placement of the bituminous concrete pavement, all vertical edges of existing pavement adjacent to the road opening shall be prepared and tack-coated in accordance with current New Jersey Department of Transportation standard specifications. The permittee shall be responsible for the condition and maintenance of the temporary restoration, including any necessary repair, until such time as the final restoration is completed and accepted by the Township.
J. 
Final pavement restoration. After a settlement period of not less than 90 days nor more than 180 days, unless otherwise directed by the Township Engineer or Director of Public Works, final pavement restoration shall be performed by the permittee in the following manner:
(1) 
The temporary pavement restoration shall be milled to a minimum depth of two inches. The limits of the milling shall be at least 12 inches beyond the limits of the temporary pavement restoration. Pavement milling shall result in a neat, clean vertical edge along the perimeter of the milling area; saw cutting may be required. All milling areas shall be rectangular, or if approved by the Township Engineer or Director of Public Works provide a neat and regular geometry with straight lines. Limits of milling shall be marked out by the permittee and approved by the Township Engineer or Director of Public Works prior to performance of any work.
(2) 
Final bituminous pavement resurfacing consisting of a minimum of two inches of fine aggregate bituminous surface course (Mix I-5 or approved equal) in accordance with current New Jersey Department of Transportation standard specifications shall be installed within the milled area as soon as possible after the completion of the milling. Prior to the placement of the bituminous surface course pavement, all surfaces and vertical edges of the milled area shall be prepared and tack-coated in accordance with current New Jersey Department of Transportation standard specifications.
(3) 
Pavement striping shall be restored/replaced by the permittee if, where, and as directed by the Township Engineer or Director of Public Works. Any required pavement striping shall be installed immediately.
K. 
The Township Engineer or Director of Public Works may authorize the installation of an alternative final restoration if they determine that the road opening is small and temporary and final pavement restoration procedure outlined above will result in a finished product that is inferior to the alternative. However, any such alternative final restoration shall include infrared repair of the roadway opening to eliminate all asphalt joints.
L. 
The Mayor and Township Committee reserve the right to remove and replace any defective patch work made by the permittee and charge the cost of labor and materials for such removal and replacement to the permittee, in accordance with the charges provided for under § 204-2B.
M. 
In no event shall any opening or excavation be made in any public street, road or highway within the Township of Manalapan which shall be of a greater size or length than can be filled in and completed by the available material and equipment located at the site for the doing of said work at the end of each day.
N. 
If any opening herein authorized is not completely enclosed at night or is partially completed and not finished, then during the hours of dark that such excavation continues in existence there shall be, in addition to any other precautions required for the safety of the public during the daytime, sufficient barriers which shall be lighted so as to enable the public using said public street, road or highway to be warned of the presence of same therein, which lights so used shall be provided, installed and maintained in accordance with the current United States Department of Transportation "Manual of Uniform Traffic Control Devices." This requirement shall be a minimum requirement in connection with any such excavation left unattended or exposed at night and shall not relieve any person from providing other adequate barriers and lights and trench plates as may be reasonably required to safeguard the public.
A. 
All work performed by the applicant in connection with the making of openings in the public streets, roads and highways within the Township and the completion thereof, under any permits issued hereunder, shall be done only under the immediate supervision of the Director of Public Works, Township Engineer or his representatives, and the applicant shall be responsible for obtaining the presence of the Public Works Director or Township Engineer or his representatives for such supervision at the site before the work may proceed. All expenses and fees incurred in connection with such supervision shall be charged to and paid for by the applicant through the nonrefundable inspection fee. However, if the inspection fee is insufficient to cover the actual Township costs for supervision of the work, the applicant shall be responsible for any additional costs that may be incurred.
B. 
Winter requirements. During the period between November 30 and March 31 of any year, road opening permits shall be subject to the following conditions:
(1) 
All road openings shall be temporarily restored consistent with § 204-3 above at the end of each day. This temporary pavement shall consist of a minimum of eight inches of bituminous stabilized base course (Mix I-2 or approved equal) in accordance with current New Jersey Department of Transportation standard specifications; the asphalt shall be installed up to the top of the excavation and compacted with a roller such that it is level with the existing, undisturbed roadway surface.
(2) 
The permittee shall be fully responsible for the condition, maintenance and repair of the temporary pavement restoration, including but not limited to repairing any settlement, during the winter period. Any necessary corrective work or repair shall be performed within 48 hours of notification by the Township Engineer or Director of Public Works. Should the permittee fail to complete such required corrective work or repair within 48 hours, said work may be performed by the Department of Public Works, and the permittee will be responsible for any associated costs.
(3) 
Final restoration of the road openings, consistent with § 204-3 above shall be completed no later than June 30 following the end of the winter period during which the permitted work was performed. Final restoration shall not be performed until a minimum of 90 days after the completion of any temporary restoration work to allow for settlement of the trench and temporary pavement restoration.
(4) 
The Township Engineer and/or Director of Public Works shall retain the right to deny any road opening permit application for work during the winter period if they determine that the work cannot be satisfactorily completed or properly maintained due to winter conditions, the scope and nature of the proposed work or any other reason.
Any person, firm, corporation, utility or entity found to be in violation of this article or any condition imposed in accordance with this article or any permit granted pursuant thereto or any specification adopted by the Township of Manalapan be subject to a fine not exceeding the sum of $2,000 or imprisonment for a period not exceeding 90 days or both at the discretion of the Judge of the Municipal Court of the Township of Manalapan. In addition, the Court may order restitution and/or replacement of any street, sidewalk or pavement improperly removed and/or replaced.