[Adopted 10-6-1964 by Ord. No. 212 (Ch.
79 of the 1973 Code); amended in its entirety 5-15-2006 by Ord. No. 871]
It shall not be lawful for any person or persons,
firm or corporations, on or after the effective date of this article,
to excavate or make any opening in any street, road, avenue or highway
owned or under the jurisdiction of the Borough of Shrewsbury for any
purpose whatsoever without having first obtained a written permit
on such forms as shall be approved by the Mayor and Council of the
Borough of Shrewsbury. Permits shall not be issued for a period in
excess of one month, and expired permits may be renewed only upon
written request.
Applications for permits shall be filed in triplicate
upon forms provided by the Borough of Shrewsbury. Copies of each application
shall be distributed to the permittee, Borough Clerk and Department
of Public Works Superintendent. The application shall contain the
following information: the date upon which the work shall commence;
the dimensions of the trench and its distance from the center of the
roadway, together with a detailed diagram pertaining thereto; a description
of any special conditions; the name and address of the individual
upon whom notices are to be served; and such additional information
as the Mayor and Council by resolution shall require. The application
shall further provide that the applicant shall not open any section
of the road, street or highway which is not encompassed within said
application except upon receipt or written approval by the Street
Superintendent.
At the time of filing, each application for
a street opening permit shall be accompanied by a nonrefundable application
fee of $25. Said application fee shall be in the form of cash or certified
check.
A.
At the time of filing, each application for a street
opening permit shall be accompanied by a performance guarantee, in
the form of cash or certified check, to ensure the satisfactory completion
of work and restoration of the roadway surface. The amount of performance
guarantee required shall be the sum of the following:
B.
In lieu of a deposit by cash or certified check, the
applicant may deposit a bond of an amount computed by the Borough
Engineer and approved by the Mayor and Council. All reasonable and
necessary costs for the estimation of the bond amount shall be charged
against the inspection fee escrow deposit, in addition to fees for
the actual inspection of work.
C.
Where several permits are desired throughout the year,
a blanket bond in a sum to be fixed by the Borough Council, based
on the estimated number of permits to be issued, may be permitted
in lieu of a separate bond or deposit for each individual permit,
the bond to be renewed annually. No permit shall become effective
until the deposit is made. Any permit issued may be on such other
reasonable terms and conditions as the Borough may require in the
public interest. The deposit shall be retained by the Borough until
30 days have elapsed from the date of completion by the applicant
of the work of restoring, at least to its original condition and appearance,
any section so excavated, and until that time shall be security for
such restoration as well as security for any other damage or other
loss that the Borough may incur or become subject to by reason of
the excavation or any work connected therewith. In the event that
restoration is not completed within the time and on the terms and
conditions set forth in the application or permit or in the event
that such restoration is not completed in a workmanlike and approved
manner and in accordance with standard practice or in the event that
the Borough incurs or becomes subject to any damage or other loss
by reason of the work or excavation, then the deposit may be used
and applied by the Borough to the Borough's work of restoration or
to any such damage or loss, and if the deposit is insufficient, then
the applicant shall become liable to the Borough for any excess cost
over the deposit. In the event that the deposit is entirely sufficient
and there is a surplus, the Borough shall repay to the applicant any
balance remaining.
A.
At the time of filing of an application for a street
opening permit, the applicant shall be required to post a cash inspection
fee escrow deposit; the amount of such deposit shall be computed based
upon the sum of the following:
B.
The Borough shall perform, or cause to be performed,
such inspections which are deemed reasonable and necessary to protect
the interest of the Borough. The actual cost to the Borough of such
inspections shall be paid from said deposit, and the balance, if any,
shall be returned to the applicant, without interest.
The Mayor and Council may deny any applicant
permission to open or excavate any Borough street if the applicant
has not completed the restoration of any other street opening within
the Borough to the satisfaction of the Borough Engineer. Upon the
completion of restoration to the satisfaction of the Borough Engineer,
the applicant shall be issued a permit to proceed with its proposed
street opening or excavation.
A.
Notice. When the Borough intends to repave any street,
written notice of the proposed repaving shall be given by the Borough
Clerk to all persons owning property abutting that portion of the
street to be repaved and to all public utilities and authorities operating
in the Borough. Such notice shall be sent by certified mail to the
address of the property owners as shown on the official tax records
of the Borough and to the utilities or authorities at their principal
places of business. It shall advise them of the nature of the proposed
work and notify them that they have 15 days from the date of mailing
to notify the Borough if they intend to open or excavate the street
within the next five years.
B.
Failure to respond to notice. Following such notice,
no permit to open or excavate a repaved street shall be issued by
the Borough Clerk within five years of such repaving to any person
receiving notice under this section unless the applicant can clearly
demonstrate that the public health or safety requires that the proposed
work be permitted or unless an emergency exists. If a permit is issued
pursuant hereto to open any repaved street less than five years old,
a penalty charge shall be made for the opening unless the work is
of an emergent nature. The penalty charge shall be on a sliding scale
and shall be equal to 2% of the cost of restoring the opening for
each unelapsed month or fraction thereof of the five-year restricted
period.
A.
Every permittee under any permit issued hereunder
shall fully comply with the following rules, regulations and conditions,
and, in addition to any other remedies available to the Borough, the
Borough shall have the right at any time when the interest of the
public requires it, upon failure of the permittee to comply with any
of said rules, regulations and conditions, to suspend or revoke any
permit issued to such permittee who has violated or is violating any
of such rules, regulations or conditions. Upon written notice of permit
revocation, the applicant shall immediately repair the affected street,
or portions thereof, within 48 hours. Failure of the applicant to
make satisfactory repairs in the time prescribed shall cause the Borough
to utilize the performance guarantee and inspection fee escrow deposits
to fund the repair. Should the cost of the repairs exceed the amount(s)
deposited, including construction, engineering, or inspection costs,
the applicant shall immediately be liable for the balance. Any monies
remaining in said accounts following a permanent repair by the Borough
shall be returned to the applicant.
B.
Revocation may be by a written notice to that effect,
served upon the permittee's foreman or other person in charge of the
work of the applicant or any other person and at any other address
furnished in the application. A hearing on any revocation or suspension
may be had before the Mayor and Council upon application for the same
being made by the permittee and upon giving five days' notice to that
effect and by serving said notice upon the Borough Clerk.
A.
The permittee shall be solely obligated to provide
adequate traffic control measures to ensure the safety of workmen
and the public alike. Traffic control measures shall meet the minimum
requirements of the NJDOT Standard Specifications for Road and Bridge
Construction, latest edition. 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 at any time than shall be
allowed by the Department of Public Works Superintendent or other
person in charge. Transverse openings involving the full width of
the highway shall be made so that only 1/2 of the highway shall be
obstructed at any one time. The work shall be scheduled and executed
so as 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.
B.
If any opening herein authorized and of the type 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 in such manner there shall be, in addition
to precautions required for the safety of the public during the daytime,
sufficient barriers which shall be lighted with sufficient lighting
so as to enable the public using said public street, road or highway
to be warned of the presence of same therein, which lights or flares
so used shall be of such size and be so constructed that they shall
be visible for a distance of at least 200 feet from their location
and shall be placed at each end of the excavation so that there shall
be at least one of such lights or flares at each end thereof, which
shall be located at a distance not closer than 50 feet to said opening
in both directions. This requirement for one of such lights or flares
at each end shall be considered to be a minimum requirement in connection
with any such excavation left unattended or exposed at night and shall
not relieve any person from otherwise providing other adequate barriers
and lights as may be reasonably required to safeguard the public.
Should it be necessary for the street opening to be carried out during
periods of darkness, adequate lighting shall be provided in accordance
with NJDOT standards.
The permittee shall indemnify and save harmless
the Borough of Shrewsbury, its officers, agents and servants from
and against any loss, injury or damage resulting from the performance
of the work encompassed by the permit.
A.
In no event shall any opening or excavation be made
in any public street in the Borough of Shrewsbury which shall be of
a greater size or length than can be filled in and completed within
48 hours by the available material and equipment located at the site
for the doing of said work.
B.
In case the work has not been completed before the
day of expiration as shown on the permit and the permittee has not
requested an extension of time, the Street Superintendent or other
person in charge may, if he deems it advisable, take steps to backfill
the trench and replace a permanent pavement over the opening for which
the permit has been issued, and if any extension of time beyond said
date is needed for the completion of the work, a new application must
be filed if required by the Department of Public Works Superintendent
or other person in charge. All costs to the Borough for the execution
of said work, including engineering, inspection, materials, equipment,
labor, and all else reasonable and necessary to complete shall be
borne solely by the permittee.
The work shall be so conducted as not to interfere
with any existing water main, sewer, gas, telephone, electric or cable
or their connections with houses or so as to damage any existing trees
or roots thereof until permission of the proper authorities shall
have been obtained.
A.
All excavations within Borough streets shall be backfilled
using dry granular material found suitable by the Borough Engineer.
Said backfill materials shall not contain debris or excessive fine
soil particles, and shall be compacted in six-inch lifts to 95% Modified
Proctor Density using mechanical means found satisfactory by the Engineer.
Backfilling and compaction shall be carried out in a workmanlike manner
in accordance with the minimum standards contained in the NJDOT Standard
Specifications for Road and Bridge Construction, latest edition.
B.
Trenches may not be flushed except under specific
permission of the Borough Engineer. If for any reason, in the opinion
of the Borough Engineer, immediate replacement of permanent pavement
is not feasible, the excavation shall be backfilled and consolidated
as specified above, after which not less than two inches of cold patch
material shall be placed at highway grade. Temporary riding surfaces
shall only be used when expressly permitted by the Borough, and in
such case shall be comprised of not less than six inches of dense
graded aggregate base course, or recycled concrete pavement meeting
NJDOT material specifications, overlain by two inches of cold-patch
asphalt. The permittee is required to maintain the temporary pavement
in a satisfactory condition until permanent repairs are made.
A.
After backfilling of the trench has been completed
as above specified, replacement of the permanent surface pavement
will be made by the permittee as set forth hereinafter. The permanent
pavement repair shall be carried out in a workmanlike manner and shall
consist of hot mix asphalt, placed at the same depths as the existing
street; however, in no case shall the minimum pavement section be
less than the following:
B.
Any street, road or highway in the Borough of Shrewsbury
which requires opening and repairing by the intent of this article,
but which is not a bituminous surface street, shall be repaired by
the permittee in the manner as will be prescribed by the Borough Engineer
at his discretion.
In case of an opening in a grass area, the permittee
shall restore the affected grass area with an approved quality of
sod in the approved manner on a suitable base. Any walks, curbs and
appurtenant items damaged or affected herewith shall be restored in
a manner as will be approved by the Borough Engineer.
Under a situation deemed as a true emergency
by the Borough Police Department or other appropriate agency or official,
any person, persons, firm or corporation may enter upon any street
in the Borough of Shrewsbury and make an opening without first making
application and obtaining a permit, without penalty, providing such
application is made and permit is obtained as soon as possible after
the emergency subsides. No other portion of this article is waived
under this emergency provision.
Any person, firm or corporation violating any
provision of this article shall, upon conviction, be subject to a
fine of not less than $50 nor more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.
