Borough of Shrewsbury, NJ
Monmouth County
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Table of Contents
Table of Contents
[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:
(1) 
A street opening with a total area of disturbance of 10 square yards or less: $500;
(2) 
Plus, for each square yard of disturbance greater than 10, to a maximum of 20: $50 per square yard;
(3) 
Plus, for each square yard of disturbance greater than 20: $30 per square yard.
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:
(1) 
A street opening with a total area of disturbance of 10 square yards or less: $150;
(2) 
Plus, for each square yard of disturbance greater than 10, to a maximum of 20: $20 per square yard;
(3) 
Plus, for each square yard of disturbance greater than 20: $10 per square yard.
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:
(1) 
A six-inch-thick layer of dense graded aggregate base course place upon a suitable prepared and compacted subgrade as specified above.
(2) 
A four-inch-thick layer of hot mix asphalt base course, Mix I-2.
(3) 
A two-inch-thick layer of hot mix asphalt surface course, Mix I-5.
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.