[Adopted 10-28-1986 by Ord. No. 86:72 as Sec. 11-1 of the 1986 Code]
As used in this article, the following terms shall have the meanings indicated:
- The Director of the Department of Public Works or one supervising the particular activity.
- Any road, 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 state or county road or highway over which the Township acquired jurisdiction by agreement.
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Director.
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the commencement of the work or as soon thereafter as it is practical. The permit, when issued, shall be retroactive to the date on which the work has begun.
The Department of Public Works may issue permits to public bodies or quasi-public bodies without a fee.
Public utilities may obtain a blanket permit, renewable annually, for the installation of its service connections and for ordinary maintenance of its facilities located or installed within the Township's right of way, subject to the escrow and bonding requirements set forth herein. Public utilities shall provide 24 hours' notice to the Director and to the Police Department prior to commencing work contemplated in this blanket permit.
[Added 9-17-2019 by Ord. No. 2019:40]
The Director may refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health. If any permit is refused by the Director, an appeal may be taken to the Council. After hearing the applicant and the Director and other evidence as may be produced, the Council may either direct the issuance of such permit or sustain the refusal of the Director.
[Amended by Ord. No. 90:29]
Applications for permits shall be made to the Department of Public Works and contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The Township Tax Map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
The name and address of the workman or contractor who is to perform the work.
A statement that the applicant agrees to replace at his own cost and expense the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
Permits shall be issued under the authority of the Director and in accordance with the provisions of this article and the regulations which the Director may establish. The Director shall determine the initial time limit during which the permit shall be valid.
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Department of Public Works.
[Amended by Ord. No. 90:29; Ord. No. 90:56; Ord. No. 95:8; 9-17-2019 by Ord. No. 2019:40]
Fees shall be paid when the application is made. The applicant shall be charged a fee of $50 for up to 100 square feet of opening. If the application is for more than 100 square feet of opening, the fee is $50 plus $1 per square foot in excess of 100 square feet. Each fee is per opening. The total fee will reflect the cumulative amount of all openings. Fees may be further amended from time to time by resolution of the Township Council.
For public utility applicants with an annual blanket permit, an escrow account in the amount of $10,000 covering annual service activities for the entire calendar year must be deposited by the public utility, from which the Director shall deduct the permit amounts as they are filed. This escrow account shall be replenished yearly or at the Director's request. The requirement to maintain this escrow account shall be in addition to the bonding requirements for public utility applicants, as set forth at § 360-12 herein.
[Amended 12-20-2005 by Ord. No. 2005:31; 9-17-2019 by Ord. No. 2019:40]
No permit for any work within the Township's right-of-way shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Director. Bonding is not required for excavations in driveways and grassed areas within the right-of-way. The Director may waive all or part of the requirements of this section in the case of public bodies, quasi-public bodies, or utilities.
The bond shall be executed by the applicant as principal and surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
To indemnity 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.
To indemnify the Township for any expense incurred in enforcing any of the provisions of this article.
To indemnify any person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
The bond shall be in such form and amount as required by the Director and conditioned upon the applicant's restoring the street for which the permit is granted in a manner acceptable to the Department of Public Works. One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Department of Public Works.
[Amended 5-5-2020 by Ord. No. 2020:17]
In lieu thereof, the Director can require a cash escrow of $1,500 for the first 100 square feet and $20 for each square foot of road opening thereafter. The amount of this cash escrow may be further amended from time to time by resolution of the Township Council.
For public utility applicants with an annual blanket permit, a perpetual bond in the amount of $10,000 shall be posted. The amount of this perpetual bond requirement may be further amended from time to time by resolution of the Township Council.
No permit shall be issued until the applicant has furnished the Department of Public Works with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees, or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including, but not limited to, collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $500,000 for injury to any one person, $1,000,000 for injuries to more than one person in the same accident, and an aggregate of $500,000 in case of property damage in a single incident. The Director may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[Amended by Ord. No. 90:29; 9-17-2019 by Ord. No. 2019:40]
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
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 Chief of Police. The Fire Prevention Bureau shall be informed 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 Police Department when work commences.
Upon application by the permittee, the Director may extend the time limit during which the permit shall be valid.
All refuse and materials must be removed within 48 hours.
All excavations within the right-of-way shall be completely backfilled by the permittee and shall be compacted by tamping in a manner prescribed by the Department of Public Works. The permittee shall backfill the excavation with quarry processed stone (QPS) material which shall be placed in layers not exceeding six inches, and each layer shall be thoroughly compacted with a vibratory compactor. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Department determines that any backfilled excavation has settled or caved in, it shall notify the permittee, who shall promptly continue backfilling until the Department determines that the settlement is complete.
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
If the work is not completed within the time specified in the permit or any extension granted by the Department of Public Works, or is not performed in accordance with the regulations set forth in this section any other regulations that may be established by the Department of Public Works, then the Department may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
Steel plates may be used to cover an excavation but only upon approval by the Director.
Temporary surface patch shall consist of a minimum of four inches of bituminous asphalt stabilized base material and shall be placed within 48 hours of backfilling the trench.
[Amended 5-5-2020 by Ord. No. 2020:17]
Restored surfaces must be safe and smooth, including those for temporary restorations.
[Amended 9-17-2019 by Ord. No. 2019:40]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
No permittee shall commence the restoration of any street foundation or surface until the Department of Public Works determines that settlement of the subsurface is complete and the area properly prepared for restoration.
The street surface shall be restored so as to extend 12 inches beyond the excavation on all sides.
The street surface shall be restored to the satisfaction of the Director.
If the road surface is disturbed within two feet of the curb or the edge of pavement, the final surface restoration must be made to the curb or road edge.
The outer edges of the trench shall be saw cut to provide an even and smooth surface.
[Amended 5-5-2020 by Ord. No. 2020:17]
Final surface pavement shall be restored with a minimum of six inches of bituminous asphalt in accordance with Township standards and must be completed within six months of backfilling the trench.
[Added 5-5-2020 by Ord. No. 2020:17]
All materials and debris shall be removed and the road surface shall be swept clean.
[Added 5-5-2020 by Ord. No. 2020:17]
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Director.
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Director, must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Department of Public Works or to any police officer of the Township.
Revocation of permit.
The Director may revoke a permit for any of the following reasons:
Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.
Violation of any conditions of the permit issued.
Carrying on work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any provisions of the Code to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses, except that the initial hearing shall be before the Director with a right of appeal to the Council; and the Director may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
Five-year moratorium. The Township hereby establishes a five-year moratorium on the issuance of permits pursuant to this chapter following the reconstruction or resurfacing of any road. Exceptions shall be granted for utility emergencies, utility openings that impact the public safety and welfare of property owners, (e.g. generators) or if the applicant is able to prove an undue hardship. Undue hardship shall be determined at the sole discretion of the Township Engineer. In the event that an exception is granted during the moratorium period, the applicant shall be responsible to limit the disruption as much as possible and complete pavement restoration for the full width of the road to a distance of 50 feet in both directions around the area of the opening in accordance with the Township's specifications. For road openings less than 20 square feet, the final surface restoration may be made using infrared heating. The entire trench area plus one foot border of asphalt pavement to remain shall be heated with an infrared heater and the entire surface rolled to form a seamless repair over the excavated area. A nonrefundable fee of $100 will be charged to open a road within the moratorium period; this fee shall be in addition to all other applicable fees, if any.
[Added 9-17-2019 by Ord. No. 2019:40; amended 5-5-2020 by Ord. No. 2020:17]