[Adopted 8-11-1975; amended in its entirety 3-25-1992 by Ord. No. 10-1992]
[1]
Editor's Note: The title of this article, formerly "Street Opening," was amended 8-13-2025 by Ord. No. 23-2025.
[Added 8-13-2025 by Ord. No. 23-2025[1]]
The general purpose of this chapter is to establish procedures, standards, and conditions for the issuance of roadway occupancy permits by the Township of Egg Harbor. Roadway occupancy permits are required when any activity is undertaken over, under, or within any portion of a highway right-of-way or stormwater drainage system that is under the jurisdiction of the Township. This chapter also regulates various activities that may interfere with the free and safe movement of traffic on a Township roadway or that may adversely affect operation and maintenance of Township roadways, including existing or proposed Township roadway improvements, fixtures, or equipment, and further including adverse effects on stormwater drainage affecting Township roadways.
[1]
Editor's Note: Pursuant to this ordinance, former § 195-1 was redesignated as § 195-1.1.
[Amended 10-9-1996 by Ord. No. 33-1996; 5-14-2003 by Ord. No. 18-2003; 8-13-2025 by Ord. No. 23-2025]
APPLICANT
Any person or persons, firm, corporation, or other entity desiring to engage, undertake or sponsor any activity that requires a roadway occupancy permit under the provisions of this chapter. A contractor who will be performing the activity on behalf of another party may serve as the co-applicant, provided that the party on whose behalf the activity is being performed shall be the applicant.
APPLICATION
Means a document submitted to the Township Clerk's office to initiate the permit process.
BANNER
Means a strip of material without rigid support that is painted, printed or otherwise displays text or graphics.
CO-APPLICANT
Is a contractor or subcontractor who performing an activity regulated by this chapter on behalf of an applicant.
COMMUNICATIONS FACILITY
Means, collectively, any equipment at a fixed location or locations that enables communication between user equipment and a communications network, including:
A. 
Radio transceivers, antennas, coaxial, fiber-optic, or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and
B. 
All other equipment associated with any of the foregoing. A communications facility does not include the pole, tower, or support structure to which the equipment is attached.
DRIVEWAY
Means a private roadway providing access between a Township roadway or street and a lot or site that does not exist in its own right-of-way. A driveway provides ingress, egress, or both. A driveway is not a Township roadway or street.
EXCAVATION
Is the digging, displacing, undermining, opening, boring, tunneling, auguring, or in any manner breaking up any improved or unimproved street, sidewalk, curb, gutter, roadside or other public property in any right-of-way owned or controlled by the Township of Egg Harbor whether it be for replacement or proposed improvements.
MAINTENANCE
Means continuous work required to hold component factors covered by a permit against deterioration due to wear and tear and thus to preserve the general character of the original component factors without alteration.
MAINTENANCE GUARANTEE
Is security in the form of either a bond, letter of credit or a certified check that an applicant or co-applicant must provide to the Township, to guarantee maintenance of work or other activity performed pursuant to a roadway occupancy permit, in a form and time period specified by this chapter.
NJ ONE-CALL DAMAGE PREVENTION SYSTEM OR ONE-CALL NOTIFICATION
Means the Statewide notification system that provides Statewide protection of all underground facilities that are used for the conveyance of water, forced sewerage, telecommunications, cable television, electricity, oil, petroleum products, gas, optical signals, traffic control, or for the transportation of hazardous liquid subject to the Hazardous Liquid Pipeline Safety Act of 1979.
OPENING OF ROADWAY
Means any roadway disturbance by excavation.
PERFORMANCE OR RESTORATION GUARANTEE
Is security in the form of either a bond, letter of credit or a certified check an applicant or co-applicant must supply to the Township, to guarantee performance of all obligations required of an applicant and co-Applicant associated with a roadway occupancy permit, in a form and amount specified by this chapter.
PERMITTEE
Any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE UTILITY
Means any utility that is not within the general jurisdiction, supervision, and control of or otherwise regulated by the Board of Public Utilities or a utility owned and operated by private citizens or concerns that is not otherwise identified or regulated by the Board of Public Utilities.
PUBLIC UTILITY
Means an entity as defined in N.J.S.A. 48:2-13a, incorporated herein by reference, as amended, and supplemented, including cable television as regulated under N.J.S.A. 48:5A-1 et seq., incorporated herein by reference, as amended, and supplemented. A public, private, or cooperatively owned company that enters into a contract with a public utility shall not be considered a public utility on the basis of that contract.
REPAIR
Means limited or minor replacement of one or more component factors covered by a permit that may be required because of storm or other cause to restore a condition requiring only maintenance.
RIGHT-OF-WAY
Is any land, easement, or other interest in real property owned, maintained, or controlled by Egg Harbor Township for roads, stormwater drainage or other Township purposes. As used in this ordinance, Right-of-Way refers to the entire area encumbered or dedicated for Township purposes, including portions of any Right-of-Way that may not be presently occupied by township road or drainage improvements.
ROADWAY
Any street, highway, court, drive, pathway, alley, avenue, pavement, shoulder, gravel base, subgrade, curb, gutter, including drainage structures, utility structures, all other appurtenant structures, trees and landscaping or any other public way or public ground in the Township and under the control of Egg Harbor Township; the full width of the right-of-way, whether paved or not, including all improvements within the right-of-way or any unimproved areas.
SHOULDER
The portion of the roadway that lies between the edge of the traveled way and any curb line, or edge of pavement, excluding auxiliary lanes.
STREETSCAPE IMPROVEMENT
A project contained within or along Township rights-of-way or property under the jurisdiction of the Township that combines various activities covered by more than one category of road occupancy permits, including, but not limited to: crosswalks, sidewalks, curbs, landscaping, drainage enhancements, benches, street furnishings, lighting, and traffic calming measures. The predominant activity being performed as a streetscape improvement will be the category for which the permit application is made, with the other activities also indicated on the application.
TRAVELED WAY
The portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
UTILITY
Means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public.
WAIVER
The Township's intentional relinquishment of its right to wholly enforce provisions of this chapter. Waivers may either reduce or eliminate requirements.
[Amended 11-21-1995 by Ord. No. 34-1995; 10-9-1996 by Ord. No. 33-1996; 5-14-2003 by Ord. No. 18-2003; 7-12-2006 by Ord. No. 27-2006; 8-13-2025 by Ord. No. 23-2025]
A. 
It shall be unlawful, except in an emergency as set forth in Subsection B hereunder, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the Township Clerk as herein provided:
(1) 
To make any excavation in, or to open, alter, or tear up the surface of any Township right-of-way for any purpose whatsoever; regardless of whether the activity is occurring in an area that is paved or unimproved by the Township, and regardless of the duration of the activity.
(2) 
To make any excavation in, or fill, alter, connect to, or otherwise damage any portion of any stormwater drainage easement or stormwater drainage improvement that is owned, maintained, or controlled by the Township, for any purpose whatsoever.
(3) 
To install, replace, attach, connect or occupy any pole, any pipe, conduit, antennas, lights, guide wires, or other fixtures or improvements, including hanging any wire, cable or conduit above, upon or across, along or within any portion of any Township right-of-way, or to otherwise utilize any Township right-of-way, or any portion thereof, or any Township fixture, equipment or other improvement, for any surface, aerial or subsurface utility pipe, pole, tower, foundation, footings, lighting, cable, conduit, vault, antennae, wireless device, junction box or other cable box, or other related fixtures, equipment or improvements of any kind.
(4) 
To install, replace, attach, connect, occupy, hang either over or beneath, or otherwise utilize any pipe, conduit, wires, poles, antennas, lights, lines or other fixtures or improvements upon or across any portion of any bridge (including any portions of a bridge approach, abutment, deck or any other components of the bridge) which is owned, controlled or maintained by the Township, for any purpose whatsoever.
(5) 
To place, deposit, store or otherwise dump any soils or other materials in the right-of-way in a manner that, in the opinion of the Township Engineer, may obstruct or interfere with use or operation of a township road or drainage facility.
(6) 
To trim or remove trees located within or over hanging a Township right-of-way, including tree trimming and removal performed in connection with utility maintenance.
(7) 
To install any new or replacement utility pole, guide wire, conduit, pipe, manhole or other utility structure, fixture, or equipment in any Township right-of-way.
(8) 
To have any road closure/detour within the municipal boundary.
(9) 
Any new or reconstruction of driveway aprons, curbing or sidewalk within the Township right-of-way shall apply for a curb and sidewalk permit in accordance with Article IV within Chapter 195, § 195-19.
B. 
Emergencies; hardship.
(1) 
In the event that any pipe, main, conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as to seriously endanger persons or property, the owner of such sewer, main, conduit or other installation shall immediately contact the Egg Harbor Township Police Department and Egg Harbor Township Engineer's office describing the location of the break, extent of repairs and any emergency measures required to reroute traffic. Upon approval by the Police Department, the owner shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making any permanent repairs to the street, alley, or sidewalk until they have secured a permit as hereinafter provided. The permit shall be applied for within 48 hours after the break or serious issue has occurred, and the necessary permanent repairs shall be made as directed by the Township Engineer and completed as soon as practicable after receipt of the permit. In conjunction with the filing of the roadway occupancy permit application, the owner shall provide a written certification from his or her design professional indicating the nature of the emergency and the manner in which it was detected and verified.
C. 
Any person failing to apply for the permit necessary to perform any of the activities set forth in this section shall be subject to a penalty as set forth in § 195-13 of this article.
[Amended 10-9-1996 by Ord. No. 33-1996; 5-14-2003 by Ord. No. 18-2003; 7-12-2006 by Ord. No. 27-2006; 7-11-2007 by Ord. No. 41-2007; 8-13-2025 by Ord. No. 23-2025]
A. 
A written application for the issuance of a roadway occupancy permit and/or road closure/detour shall be obtained from the Township Clerk. The application shall state the name and address of the applicant, the estimated dates of commencement, completion and restoration of the excavation and such other documentation as may be requested by the Township Clerk and/or Township Engineer.
B. 
All applications shall provide the following at a minimum:
(1) 
Applications shall reflect conditions that exist at the time the application is submitted to the Township Clerk's Office as appropriate.
(2) 
The application shall identify all Township roadways by street name.
(3) 
Applicants shall submit, with the completed application form, the permit fee and two copies of the detailed plans along with one complete copy of the application and materials in digital format, whether it be a key fob or e-mail of the application to Clerk@ehtnj.gov. The plan and supporting documentation shall conform to the following:
(a) 
Standard Size Sheet: The plan shall be prepared on one of three standard sizes: 8.5" x 11", 11" x 17" or 24" x 36".
(b) 
Scale: A written (inches to feet) and graphic scale of one inch equals 20 feet, one inch equals 30 feet or one inch equals 50 feet shall be on the plan.
(c) 
Title Block: Each plan sheet shall include a title block. The title block shall be located in the lower right corner of each plan sheet and shall include the municipality, county, date, name of the applicant, and the type and the limits of the proposed activity. North arrow is to be shown on the plan.
(d) 
Key map: A key map shall be provided which shows sufficient details to locate the proposed highway occupancy and the intersection of at least two named public streets. A tax map shall be provided in addition to the key map showing the location of the permit work location.
(e) 
Right-of-way dimensions: Plan(s) shall dimension the limits of the Township rights-of-way line. Dimensions shall be shown from the center line of the Township road. If available, or if required by the Township Engineer, a copy of the land survey and/or right-of-way easements that were utilized to prepare the plan shall be provided if requested.
(f) 
Existing conditions: Indicate the location and dimensions of all existing improvements within the right-of-way including driveways, pavement widths, lane widths, water, sewer and utility lines, drainage ditches, storm drain/culverts, fences, retaining walls, curbs, etc. Offsets from the center line of the Township road shall be provided.
(g) 
Proposed conditions: The plans shall cover all areas where activity is proposed including installations, removals, and modifications, in a manner that shall be readily distinguishable from existing features. Clearly differentiate on plan between existing and proposed conditions or improvements.
(h) 
Topography: Depending upon the proposed activity, existing and proposed topographic data shall be provided to determine the drainage and grading patterns along and adjacent to the Township road.
(i) 
Engineering design details: Applicable engineering details shall be provided on or accompany the plan. Refer to the Chapter 94 for Township details.
(j) 
Design preparation by a professional engineer or surveyor. The Township Engineer reserves the right to require plans and other related documents be designed by a professional engineer licensed in the State of New Jersey and require that the plans depicting existing conditions, including right-of-way limits, be prepared by a professional land surveyor licensed in the State of New Jersey.
(k) 
The application shall designate a contact individual, with name, address, and cell number, who will be available at all times to address permit requirements and work performance, including (but not limited to) replacement or repair traffic control devices.
(l) 
Additional information; waiver of plan details: The Township Engineer's office may require additional information and additional design details and may also waive design detail items listed in this section, depending on the nature and complexity of the application, including potential impacts to Township road safety, stormwater operations, and as necessary to determine if the application conforms to the requirements of this section.
C. 
The permittee has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4 through 2A:170-69.6 when the proposed excavation is located within 200 feet of a gas pipeline, and all permits issued by the Township Engineer are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site and, if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto.
D. 
All applicants are also responsible for providing construction warning signs and lights in accordance with the Manual on Uniform Traffic Control Devices. Any proposed detours or road closings within the municipality, whether it be county or state highways, must be submitted to the Egg Harbor Township Police Department and Egg Harbor Township Engineer’s office for approval prior to the application for road opening or road closings/detours. A separate sketch detailing any proposed detours or lane restrictions shall be submitted prior to the permit being issued if required by the Police Department or Engineer’s office.
A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the Township Clerk may issue a permit to excavate or open the surface of any Township street. The permit shall state the name of the applicant, the nature and purpose of the excavation or opening, the location of the opening, the block and lot of the property benefitting and the number of days for which the permit shall remain in force.
[Amended 5-14-2003 by Ord. No. 18-2003]
B. 
No permit shall be issued for any opening on any roadway which has been resurfaced by the Township during a period of three calendar years previous to the application date, except for permits for emergency openings as defined in § 195-2B(1). In the case of a newly constructed or reconstructed roadway the time period shall be five years. All openings made in roads as described above will be restored according to the specifications of § 195-11D.
[Amended 5-14-2003 by Ord. No. 18-2003]
C. 
If the application for a permit is denied, the Township Clerk shall send the applicant written notification of the denial and shall state the reason for denial.
D. 
Any permit issued under this article may be revoked at any time by the Township Engineer.
[Amended 10-9-1996 by Ord. No. 33-1996; 5-14-2003 by Ord. No. 18-2003; 7-12-2006 by Ord. No. 27-2006; 8-13-2025 by Ord. No. 23-2025]
A. 
Permits shall become null and void unless work is commenced within 180 days of the issuance of said permit, unless an extension of time is granted by the Township Engineer in writing.
B. 
The applicant shall give a 48-hour notice to the Township Engineer or his duly authorized representative and Egg Harbor Township Communications Department, prior to engaging, undertaking or sponsoring any activity that requires a roadway occupancy permit under the provisions of this chapter, except in cases of emergency as provided for in § 195-2B. No openings shall be commenced on a Saturday, Sunday or a holiday unless in cases of emergency.
C. 
In cases of emergency openings, the applicant shall notify the Township Engineer and Township Police Department by email using a form approved by the Township Clerk prior to any work being performed. The applicant shall submit an application for the emergency work no later than 48 hours after the work is started.
D. 
Should prevailing weather conditions preclude the permanent restoration of the road surface, the applicant shall be responsible for the maintenance of the temporary surface.
E. 
No work areas shall be closed to traffic for more than one working day without the approval of the Township Engineer and the Egg Harbor Township Police Department pursuant to § 195-9. Documentation displaying notice of proposed street closing(s) to the Egg Harbor Township School District Transportation Coordination will be required in advance of any street closing.
F. 
Municipal capital improvement projects affecting any roadway within the Township shall have first priority over all roadway closures and detours within the Township.
G. 
If a roadway is being worked on with a detour being required, then the detour must not conflict with any other detours within a one-mile radius.
H. 
The contractor shall specify working hours on all road opening applications, and no roadway shall be closed during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. unless determined to be necessary and emergent by the Township Engineer and Police Department.
I. 
All detours shall direct traffic to county or state highways when possible, then local Township roadways. No traffic shall be directed through subdivision roadways unless approved by the Township Engineer and Police Department.
J. 
Detour signs shall be covered up while the roadway is not being worked on during non-working hours, and once the project has been completed all detour signs shall be removed within 48 hours after work has been completed.
K. 
Should a road closure be required within the municipality, at the discretion of the Township Engineer and Police Department, on-site police protection may be necessary to control traffic flow. If it is determined to be necessary for public safety, the cost to provide this service shall be paid by the applicant.
L. 
Road closures shall not be allowed overnight or on weekends without the approval from the Township Engineer and Police Department. Weekends are considered to be from Friday 4:00 p.m. to Monday 9:00 a.m.
M. 
Every permit shall apply only to the person to whom it is issued and shall not be transferable. A copy of said permit shall be available for inspection at the job site at all times when work is being performed.
N. 
All tree trimming work being performed shall be removed prior to the contractor leaving the site for the day. The applicant will be fined $250/day until such debris is removed from the right-of-way area.
[Amended 10-9-1996 by Ord. No. 33-1996; 5-14-2003 by Ord. No. 18-2003; 7-9-2003 by Ord. No. 22-2003; 5-9-2007 by Ord. No. 21-2007; 8-13-2025 by Ord. No. 23-2025]
A. 
An application fee of $100 for each application shall be paid to the Township Clerk. If an applicant is proposing to be on multiple roadways but is only submitting one application, the applicant shall pay an application fee for each roadway they will be working on.
B. 
Performance guaranty.
(1) 
A roadway occupancy permit shall not be issued until a satisfactory performance guaranty is posted with the Township Clerk. The amount of the guaranty shall be determined by construction estimates prepared by the Township Engineer, based on current market values. Acceptable forms of guaranty include a certified check, performance bond, letter of credit, or other cash equivalent, in an amount approved by the Township Engineer and in a form approved by the Township Solicitor. All instruments must be issued by an institution authorized to do business in the State of New Jersey. The guaranty shall remain in effect until the Township Clerk receives a written release from the Township Engineer confirming that all improvements have been satisfactorily completed. Bonds or letters of credit must provide for automatic renewal or require advance notice of cancellation, to ensure continued coverage until final release is granted.
(2) 
If the applicant/permittee chooses to post a certified check as its performance guaranty, the deposit shall be held in accordance with the Township's Cash Management Plan. Such deposits shall earn interest only if the amount exceeds $5,000 and is held by the Township for more than 91 days. Interest shall accrue at the minimum rate paid by the Township's banking institution on time or savings deposits. The Township shall not be required to refund interest earned on any deposit unless such interest exceeds $100 for the total period on deposit.
C. 
Inspection fees shall be estimated by the Township Engineer based upon estimated field inspection expenses and review of application. Such fees shall be paid directly to the Township Clerk prior to the issuance of a permit.
D. 
Maintenance guaranty. Upon completion of the road opening restoration and prior to the release of the performance guaranty, a maintenance guaranty in the amount of 15% of the original guaranty shall be posted with the Township Clerk. This maintenance guaranty will serve to ensure that the road as reconstructed will remain in good condition for two years after final acceptance. Any restoration required by the Township Engineer within this two-year maintenance period will be the sole responsibility of the applicant. Utility companies may satisfy this requirement through appropriate language contained within the annual performance guaranty.
E. 
If it becomes necessary for the Township to use a performance or maintenance guaranty because of work that is deemed by the Township Engineer to be unsatisfactory or otherwise not in conformance with the provisions of this article, the permittee shall be notified in writing. If the substandard provisions are not repaired within two weeks of receipt of the notice, the Township will cause the work to be done, and the cost will be subtracted from the guaranty. If an action against the guaranty is required because of failure of the applicant to meet the requirements of this article, the guaranty shall be deemed fully committed to the repairs until the final cost of the work is determined. Any additional permits which were issued with reliance on that guaranty will be deemed incomplete and no work shall be performed on any permit until the satisfactory condition is corrected. Should the cost of the corrective work exceed the original guaranty amount, the Township reserves the right to recover the extra cost from the permittee.
The applicant, upon securing said permit agrees that the Township of Egg Harbor, will be saved harmless from any and all claims of any nature arising out of the construction of road and street opening work covered by said permit, and further that the Township of Egg Harbor in issuing said permit shall not assume liability in connection therewith. In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon the Township's giving written notice to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the Township's costs, attorney's fee, expert's fees and court costs in connection with such suit.
A. 
Prior to performing any work under the permit, the permittee shall deliver to the Township Engineer a certificate of insurance in the sum of not less than $1,000,000 combined single limit (C.S.L.), naming the Township of Egg Harbor as an additional insured. Where applicable, the permittee shall demonstrate that the explosion, collapse and underground (x.c.u.) exclusion has been removed from its insurance company. The insurance carrier will not cancel said insurance without giving the Township of Egg Harbor at least 10 days’ notice thereof in writing.
[Amended 11-7-2012 by Ord. No. 45-2012]
B. 
Homeowners who are proposing repairs to sidewalks, driveways and curbing within the Township right-of-way will be exempt from supplying insurance. If the homeowner contracts to have the work performed, he or she shall have the contractor produce evidence to the Township Clerk that he or she is adequately insured.
C. 
All utility and cable television companies will be required to submit their certificates of insurance at the time of performance bond submission. At this time, both documents will be reviewed by the Township legal staff for adequacy and correctness. The insurance carrier for the utility or cable television company will not cancel said insurance without giving the Township of Egg Harbor at least 10 days' notice thereof in writing.
[Amended 10-9-1996 by Ord. No. 33-1996; 7-12-2006 by Ord. No. 27-2006; 3-21-2018 by Ord. No. 5-2018; 6-14-2023 by Ord. No. 19-2023; 8-13-2025 by Ord. No. 23-2025]
A. 
The permittee shall take appropriate measures to ensure that, during excavation work, traffic conditions remain as close to normal as practicable to minimize inconvenience to residents, businesses, and the general public. However, if necessary, the Township Engineer or Township Police Department may authorize a temporary street closure for a period they deem appropriate. The permittee shall notify adjoining property owners at least 48 hours in advance of any work that may interfere with normal access. If the work requires a detour, a minimum of five days' notice shall be provided. In cases where the work may disrupt business operations, the permittee must provide at least 30 days' advance notice.
B. 
The permittee shall keep all road and street openings guarded at all times and open no greater part of such road or street than shall be reasonably necessary as determined by the Township Engineer. The permittee shall route and control traffic, including its own vehicles, as directed by the Township Police Department and Township Engineer. Before any roadway within the municipality may be closed or restricted to traffic, the permittee must submit a plan showing the proposed detour or restriction and receive approval from the Township Engineer and Township Police Department in accordance with §195-3 and §195-5. In no case shall any road be closed or restricted without prior permission from both agencies. Upon completion of the construction work, the permittee shall notify the Township Engineer and the Township Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
C. 
Where flagmen are deemed necessary by the Township Engineer and/or Township Police Department, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Township Engineer and Township Police Department will designate detours. The Township shall maintain roadway surfaces of existing roadways designated as detours without expenses to the permittee, but in case there are no existing roadways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Township Engineer.
D. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of the fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
E. 
If it is determined by the Township Police Department that Township police officers shall be required to maintain proper traffic control during the course of construction, compensation for each police officer shall be at a rate set by resolution of the Township Committee. The officers shall be paid a minimum contracted time of four hours for each contracted event. The contractor shall be required to post 50% of the estimated cost of the police officer's scheduled time prior to commencement of the project. Balance will be due immediately upon completion of the work.
[Amended 10-9-1996 by Ord. No. 33-1996; 10-9-1996 by Ord. No. 33-1996; 7-12-2006 by Ord. No. 27-2006; 8-13-2025 by Ord. No. 23-2025]
The following measures shall be taken to ensure the safety and protection of the traveling public.
A. 
All openings must be backfilled immediately and pavement restored in accordance with § 195-11.
B. 
If it is necessary to leave an excavation unfinished overnight or for an extended period, the permittee shall place at the site suitable barricades with appropriate lighting. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices, and any amendments thereto, except that the permittee must place his name and a phone number where he can be reached at all times.
C. 
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavation in order to encroach upon highways as little as possible.
D. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Timber decking shall be not less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall not be less than three feet in width and shall be provided with a railing as required by the Township Engineer.
E. 
All permittees must call the New Jersey Utility Opening Service, at (800) 272-1000, and obtain clearances before beginning excavation. Any utility companies that do not belong to this utility opening service shall be contacted directly and all clearances obtained prior to beginning any disturbance.
F. 
The permittee and contractor shall comply with all OSHA regulations and with any other applicable laws in the performance of the work.
[Amended 10-9-1996 by Ord. No. 33-1996; 5-14-2003 by Ord. No. 18-2003; 7-11-2007 by Ord. No. 41-2007; 8-13-2025 by Ord. No. 23-2025]
The standard for materials and construction methods shall be the New Jersey Department of Transportation (NJDOT) 2021 Standard Specifications for Roads and Bridges or the latest edition.
A. 
Off-street rights-of-way restoration specifications.
(1) 
Fill.
(a) 
Fill shall be clean with no organic content and free of roots, stumps, asphalt and foreign objects. "Fill" shall be defined as meeting the requirements of Section 204, Borrow Excavation, of the NJDOT Standard Specifications.
(b) 
Fill shall be compacted by vibratory equipment or rolling equipment, where appropriate and as necessary to ensure that the original grade is obtained.
(2) 
Surface.
(a) 
In the case of a trench or opening in an earth shoulder, the applicant shall restore the top four inches of the trench with topsoil. The area shall then be fertilized, seeded and mulched in accordance with current regulations as set forth by the Cape Atlantic Soil Conservation District.
(b) 
In cases where the shoulder material consists of gravel, the applicant shall replace the material with eight inches soil aggregate, Type I-5. The gravel shall be properly graded and compacted to promote surface runoff of stormwater.
(c) 
In cases where the applicant proposes a trench in the unpaved shoulder that is parallel to the edge of paving and results in an opening less than one foot horizontally from the edge of paving, the applicant shall be required to mill and replace the pavement of the road for a width of two feet from the edge of paving if any crumbling, raveling, alligatoring, or other pavement failure occurs as a result of the trench settlement.
B. 
Hot mix asphalt street restoration projects.
(1) 
Fill.
(a) 
Trenches shall be backfilled in layers not to exceed 12 inches, and a mechanical tamper must be used. Should there be a deficiency of material, additional backfill material shall be supplied. Whenever the Township Engineer or his duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
(b) 
Fill shall be clean with no organic content and free of roots, stumps, asphalt, etc. Clay material shall not be considered acceptable.
(c) 
95% compaction shall be provided in fill areas through:
[1] 
One-foot over underground utilities and hand tamping.
[2] 
One-foot lifts individually compacted by hand or mechanical tamping.
(2) 
Gravel. Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate, Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the NJDOT requirements for I-5 materials. The Township Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the cost of said analysis to be borne by the applicant.
(3) 
Temporary restoration.
(a) 
Oil and stone roadways. For openings in oil and stone roadways, the temporary restoration required will consist of the installation of six inches of soil aggregate, Type I-5, to a level 2 1/2 inches below the level of the adjacent paved surfaces. A two-inch minimum depth of stabilized HMA19M64 asphalt mix shall be placed on the base material to a level 1/2 inch below the adjacent paved surfaces.
(b) 
Asphalt roadways.
[1] 
Less than 100 square feet.
[a] 
In openings of less than 100 square feet that are in asphalt roadways, the temporary restoration shall consist of six inches of soil aggregate, Type I-5 to a level four inches below the level of the adjacent paved surfaces. A four-inch lift of stabilized HMA19M64 asphalt mix shall be installed to grade.
[b] 
These temporary surfaces shall be left in place for a period of not less than 30 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the Township Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the Township Engineer until such time as the final restoration is completed.
[2] 
Greater than 100 square feet.
[a] 
For openings that are greater than 100 square feet but less than the disturbance in Subsection B(3)(b)[2][c], in asphalt roadways, the temporary restoration shall consist of six inches of soil aggregate Type I-5 to a level four inches below the level of the adjacent paved surfaces. A four-inch lift of stabilized HMA19M64 asphalt mix, shall then be installed to grade.
[b] 
These temporary surfaces shall be left in place for a period of not less than 30 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the Township Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the Township Engineer until such time as the final restoration is completed.
[c] 
If the work performed by the permittee — or the cumulative work of all permittees on a given roadway — disturbs more than 30% of the roadway, includes a longitudinal opening within one lane, or involves two or more trench openings within a 200-foot distance, the permittee shall be required to mill to a depth of two inches and install a minimum two-inch base course overlay across the full width of the roadway or lane for the total length disturbed. This temporary overlay shall be installed within 14 days of the initial trench restoration. It shall remain in place to allow for adequate settlement and must be maintained in a safe and drivable condition until final restoration is completed.
If the trench or excavation is to a depth of 10 feet or less, the overlay shall remain in place for at least 90 days. If the excavation exceeds 10 feet in depth, the overlay shall remain in place for 180 days. Final restoration shall be completed within 30 days after the applicable settlement period, unless the Township Engineer directs otherwise.
(c) 
Maintenance of temporary restoration. All permittees shall be responsible for all temporary restoration until such time as the final restoration is completed. Upon notification from the Township Engineer that the temporary restoration covered under the roadway occupancy permit is in need of repair, the permittee shall have seven days to correct all defects and restore the area(s) to an acceptable condition. Failure to respond within seven days will result in penalties being imposed in accordance with § 195-13.
(d) 
Emergency openings. When an emergency opening as outlined in § 195-5C must be made in an asphalt roadway and a hot mix bituminous concrete cannot be obtained during the course of the emergency work, the applicant shall be permitted to use a cold mix emulsified asphalt (cold patch) as a temporary restoration for no longer than 48 hours. The applicant shall advise the Township Engineer in writing if cold patch is used for temporary restoration.
(4) 
Final restoration.
(a) 
Oil and stone roadways. The permittee shall complete the final restoration in oil and stone roadways by capping the existing stabilized base course with a one-inch lift of bituminous concrete surface course, Mix I-5, to a level even with the adjacent paved surfaces. A clean, straight edge shall be obtained prior to the placement of surface course, and all edges shall be prepared with a tack coat.
(b) 
Asphalt roadways.
[1] 
Less than 100 square feet. For openings less than 100 square feet, the final restoration will involve the removal of two inches of temporary stabilized base by milling procedures. All edges shall be saw cut beyond the actual trench width disturbed to produce a clean edge, and said edges shall be coated with an asphaltic tack coat. A two-inch thickness of HMA surface course, Mix 9.5M64, shall then be placed, in two lifts, to a level even with the existing road grade.
[2] 
Greater than 100 square feet.
[a] 
For openings greater than 100 square feet, the trenches shall be milled to a depth of two inches to a distance at least six inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of HMA surface course, Mix 9.5M64, being placed to a level even with the existing road grade. If the location of the trench is such that it will result in a ribbon of asphalt less than 24 inches wide between the edge of the final trench restoration and the edge of existing paving, then the final restoration shall be taken to the edge of paving.
[b] 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the Township Engineer.
[c] 
If the work done by the permittee or the sum of all the permittees on a given roadway disturbs greater than 30% of the given roadway or consists of a longitudinal opening within one lane of a roadway, or two or more trench openings within a 200-foot distance, the permittee will be required to perform a two-inch minimum surface course milling and overlay for the full width of the roadway or lane to the total length disturbed.
C. 
General restoration specifications.
(1) 
Whenever required by the Township Engineer, pipes for making opposite side hookups shall be driven or bored under the paved portion of the road or street without disturbing the surface.
(2) 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the Township Engineer or his representative.
(3) 
All damage done to adjacent elements of the street, curbs, walks, catch basins, storm drains, landscaping, grass area, etc., shall be immediately repaired by the applicant.
(4) 
All work shall be done with care and in a workmanlike manner.
(5) 
The temporary restoration must be completed prior to the opening becoming greater than the length of paving restoration that can be accomplished in one workday. No trenches shall be left open over a weekend or during any holiday period.
(6) 
The Township Engineer shall have the discretion to determine whether final roadway restoration may be completed with a two-inch minimum surface course milling and overlay across the full width of the roadway. If the Engineer determines that this method will not achieve a smooth ride in accordance with NJDOT specifications, the permittee may be required to reconstruct the full width of the roadway. This reconstruction shall include milling the existing surface and placing a two-inch base course of HMA 19M64 and a two-inch surface course of HMA 9.5M64. Additionally, the permittee shall provide the Engineer with a roadway profile design demonstrating that the regraded roadway will conform to AASHTO design standards. All designs must be prepared by a professional engineer licensed in the State of New Jersey.
(7) 
In lieu of completing final paving for any road opening, the Township may require the applicant to contribute the estimated cost of final paving based on the Township Engineer's assessment of the necessary improvements. If the Township accepts this contribution, the permittee shall be relieved of any further responsibility for final paving. The Township shall appropriate the funds into its capital budget and use the monies contributed to complete the final surface restoration work as deemed necessary by the Township Engineer.
The permittee may also petition the Township Committee to assume responsibility for the final paving, subject to the Township's discretion. Any required in-lieu payment must be submitted to the Township Clerk prior to the issuance of a permit.
Notwithstanding the in-lieu payment, the permittee remains responsible for maintaining the temporary trench restoration until the Township completes the final paving.
All estimates for final improvements shall be prepared by the Township Engineer and based on the following range of unit prices. Additional work items may be included by the Engineer as needed, depending on the extent of restoration required.
Type
Range of Unit Prices
Milling
$10 per square yard
HMA 9.5M64 surface course
$100 per ton
Shoulder restoration
$10 per linear foot
(8) 
The applicant must keep the work area clean each day. The applicant must sweep the surrounding road surface to control dust, mud, dirt, etc. The permittee shall also adhere to all requirements of the Cape Atlantic Soil Conservation District at all times. If the applicant does not comply, the Township will perform the cleanup and act on the performance bond for the cost.
(9) 
Upon completion of the work, the applicant shall request a final inspection by the Township Engineer. If the work is completed in a satisfactory manner, notification of satisfactory completion will be sent to the Township Clerk. Upon receipt of this notification and the required maintenance guarantee, the performance guaranty will be returned by the Township Clerk, where and when applicable.
In the case of utilities or other entities permitted to post a general annual performance bond or lump-sum guarantee covering multiple permits, the applicant shall be required to manage the number of open permits at any given time. These applicants shall also be required to submit a quarterly report to the Township Engineer detailing the status of all pending permits and identifying those for which final restoration has been completed.
(10) 
In any case where the contractor has not complied with these regulations to the satisfaction of the Township Engineer or his representative, the Engineer, without notice, may cause the work to be done, and the cost shall be deducted from the performance bond made by the applicant.
(11) 
The time limit for all permits will be determined by the Township Engineer based on the nature of the work to be completed.
(12) 
All permittees are required to send notice that the work covered under their permit has been completed in accordance with the applicable section(s) of chapter on a form to be provided with the roadway occupancy permit.
D. 
Specifications for opening streets under a moratorium.
(1) 
If it is necessary to open a street subject to a moratorium as defined under § 195-4B, the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.
(2) 
The distances in either direction of the opening will be determined by the Township Engineer based on the proximity to other roadways or utility concerns. In most cases, final pavement restoration will encompass 50 feet in both directions of the opening for the full width of the existing road. The Township Engineer may allow resurfacing to the center line of the road only if the opening is completed within one lane and does not involve disturbance across the center line.
(3) 
Temporary and final pavement restoration shall be completed in the same method as indicated in § 195-11B except that milling will entail the full length and width that must be repaved.
A. 
The clearing of the proposed street or public right-of-way shall conform to § 195-11A, Off-street rights-of-way restoration specifications. All clearing shall be done within the right-of-way and shall be limited to the area necessary to provide the required grade on the proposed roadway.
B. 
All proposed streets within an existing public right-of-way shall be constructed in accordance with all applicable design standards for new streets as set forth in the Township Code.
C. 
Each plan submitted shall have a letter attached from a licensed professional engineer describing the proposed stormwater management plan. The drainage plan must be designed in accordance with the current Stormwater Management Ordinance as set forth in the Township Code.[1]
[1]
Editor's Note: See § 94-44 of Ch. 94, Design, Performance and Improvement Standards.
D. 
Any waiver of the required improvements such as curbs, gutters, sidewalks, driveways, etc., must be requested from the Township Committee. The Township Committee's decisions shall be final in determining the need for these improvements.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.