[Adopted 11-9-1972 by Ord. No. 599 (Ch. 210, Art. I, of the 1990 Code); amended in its entirety 5-14-2019 by Ord. No. 4279-19]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
APPLICANT
Any person who makes application for a permit.
DIRECTOR
The person in charge of the Department of Public Works or their authorized deputy or representative.
EMERGENCY
An emergency or hardship shall include a water main break, gas leak, sanitary sewer break, or any situation that may result in harm to the public's health, safety, welfare or damage to public or private property.
MUNICIPAL AUTHORITY
Any body corporate and politic created pursuant to the laws of the state.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and controlled by the State Public Utility Commission.
STREET
Includes a public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township.
SURFACE
All areas within the public right-of-way, including but not limited to the paved area and the shoulder area.
A. 
All street openings required by utilities owned or operated by the Township shall be made and restored under the direction and supervision of the Director. The permit, fee, insurance and bond requirements of this article shall not be applicable to any openings made by such municipally owned or operated utilities.
B. 
When the Township shall improve or pave any street, the Township Clerk shall give notice to all persons owning property abutting on the street about to be paved or improved and to all public utilities and municipal authorities operating in the Township, and all such persons, public utilities and municipal authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within 45 days from the giving of such notice. The time shall be extended if permission is requested, in writing, and approved by the Township Clerk after consultation with the Director.
A. 
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water or steam to or from the Township or its inhabitants or for any other purposes shall file with the Director within 120 days after the effective date of this article a written statement containing the names of the Township streets wherein the aforementioned facilities owned by such person are located and an overall plan indicating such facilities.
B. 
Within 90 days after the first day of January of each and every year, such person shall forward to the Director an updated statement and the plan required in Subsection A of this section.
A. 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street or the use thereof is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Director a statement, in writing, giving in detail the location of the structure so abandoned.
B. 
Whenever there are manholes or tunnels associated with abandoned underground facilities, such manholes or tunnels shall be filled in at the time of abandonment, and the Director shall be notified thereof in writing.
C. 
When the Township plans to pave or improve streets in which there are abandoned facilities, the owners of such facilities shall be required to remove them if, in the opinion of the Director, their removal is in the best interest of the Township. If the owner shall refuse to remove such facilities, the Township shall remove the abandoned facilities, and the owner shall reimburse the Township for such removal.
The Director shall determine the cost of any work done or repairs made by them or under their direction, pursuant to the provisions of this article. In the event that a permittee disputes the amount charged by the Director for work or repairs made by the Township, the Township governing body shall decide the amount due the Township.
The Director shall establish and maintain a schedule of charges for labor, materials and such other expenses as may be incurred by the Township in meeting the requirements of this article. In developing the schedule, the Director shall be guided by the prevailing costs in the area for labor, materials and equipment. The Director shall revise the schedule of charges periodically to reflect any increase or decrease in costs used to establish such charges. The schedule of charges shall be open to public inspection in the office of the Director upon demand.
A. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
B. 
No more than 250 feet, measured longitudinally, shall be opened in any street at any one time, except by special permission of the Director.
C. 
All utility facilities shall be located sufficiently ahead of trench excavation work to avoid damages to those facilities and to permit their relocation, if necessary. The applicant is required to contact the One-Call Damage Prevention System in accordance with N.J.S.A. 48:2-73 et seq., and as it may be from time to time amended.
D. 
Pipe drains, pipe culverts or other facilities encountered shall be protected by the permittee.
E. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey benchmark within the Township shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so first obtained, in writing, from the Director. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
F. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Director.
G. 
Safety requirements. Every permittee shall place around the project such barricades, lights, warning flags and danger signs as shall be determined by the Director, through the Police Department Traffic Safety Bureau, to be necessary for the protection of the public. Barricading and signs shall be in the regulations as set forth in the United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition, and any future revisions thereto. Copies of this publication shall be made available in the office of the Director for inspection by the public.
H. 
Access to private driveways shall be provided, except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
I. 
Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Director may require the permittee to provide toe boards or bins; and if the excavated area is muddy and causes inconveniences to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Director. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least 1/2 the sidewalk width open along such sidewalk line.
J. 
If the Director finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street or where a number of cross trenches are laid in close proximity to one another or where the equipment used may cause such damage, they may require a negotiated contribution from the permittee for the resurfacing in place of patching of such street if the total area of the proposed patch of probably damaged area exceeds 25% of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
K. 
In the case of utility work undertaken by a public or private utility, which work involves placing new, or replacing or repairing of existing, utility infrastructure, such as gas lines, waterlines, electrical lines, and sewer lines, where the area to be trenched is greater than 50 linear feet or as part of an overall project, upon completion or within a reasonable amount of time as determined by the Department of Public Works, the permittee shall two-inch mill and repave the entire pavement surface from edge to edge, or curb to curb for the full length of the excavation, extending 25 feet from the ends of the excavation, in accordance with the Township specifications.
L. 
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
M. 
All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to Township specifications.
N. 
The work of the final restoration, including both paving surface and paving base, shall be performed by the permittee according to Township specifications.
A. 
Whenever any person fails to provide or maintain the safety devices required by the Director, such devices shall be installed and maintained by the Township. The amount of the cost incurred shall be paid by the permittee.
B. 
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this article.
In no case shall any opening made by a permittee be considered in the charge or care of the Township or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power when it is necessary to protect life and property.
When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within 24 hours after deposit. In the event that the earth, gravel or other excavated material so deposited is not removed, the Director shall cause such removal, and the cost incurred shall be paid by the permittee or deducted from their deposit.
Any person whose facilities are damaged or caused to be relocated by the permittee may make the necessary repairs or relocation and file a claim against the permittee with the Township for the cost of such repairs or relocation. Public utility companies concerned shall be notified by the Township in sufficient time to determine the validity of the damage or relocation claims. The cost of such repair or relocation work may be held by the Director from the deposit pending determination of liability for the damage. Such determination shall be made either by agreement of the parties or by resolution of a court of competent jurisdiction. In the event that such agreement between the parties has not been obtained within two years from the filing of the claim and that no court action has been started to recover as a result of such claim, the disposition of such claim shall be at the direction of the Director, with no liability attaching to them as a result thereof.
A. 
The Director shall make such inspections as they may deem necessary of all work authorized by a permit. The Director is empowered to provide a full-time inspector, if necessary, to ensure compliance with the provisions of this article.
B. 
All inspection costs shall be borne by the permittee. Such costs shall be included in the permit fee.
C. 
A certificate of final inspection shall be issued by the Director to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided that the work authorized by the permit has been performed according to the Township's specifications. Prior to the issuance of a certificate, the Director shall make a final inspection of the restoration to determine whether Township specifications have been adhered to.
If any settlement in a restored area occurs within a period of one year from the date of completion of the permanent restoration, any expense incurred by the Township in correcting such settlement shall be paid by the permittee or recovered from their bond, unless the permittee submits proof satisfactory to the Director that the settlement was not due to defective backfilling.
The provisions of this article shall not be applicable in those instances where the highway is maintained by the state or by the county.
A. 
Any person violating any of the provisions of this article or any regulations and specifications adopted hereunder shall, upon conviction thereof before the Judge of the Township, be subject to the penalties included in Chapter 1, Article II, General Penalty. When in default of payment of such fine and costs, such person shall be imprisoned in the county jail for a period not exceeding 30 days.
B. 
Each day that a violation is permitted to exist after notice, in writing, shall have been served by the Director shall constitute a separate offense.
A. 
No person, persons or corporation, municipal or private, nor any utility company, public or private, shall for any purpose open, tear up, excavate, bore, tunnel or drive under or in any way impair the surface or subsurface within the limits of the right-of-way of any Township street without first obtaining a permit from the Director. The permit or copy thereof shall be available at the site during the duration of the work and shall be presented for inspection upon request of the Director or their authorized representative.
B. 
In the case of an emergency as defined in § 333-1 of the Township Code, an opening can be made without a permit, provided that the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the day on which the office of the Director is open for business, and such permit shall be retroactive to the date when the work was begun.
C. 
No permit shall be issued to open the pavement of any street that has been constructed or reconstructed for a period of five years from the date of completion of said construction except in the event of an emergency, or where a specific hardship exists in the opinion of the Director, Township Engineer, or the governing body of the Township.
D. 
No permit shall be issued to open the pavement of any street that has been overlaid for a period of three years from the date of completion of said overlay work except in the event of an emergency, or where a specific hardship exists in the opinion of the Director, Township Engineer, or the governing body of the Township.
E. 
Where a specific hardship exists, and a permit is issued to open a newly constructed, reconstructed or overlaid street, restoration of the street will be performed as specifically instructed by the Director. Restoration under these circumstances may include, but are not limited to, complete milling and/or overlay of the half width or full width of a section of the street to the limits stipulated by the Director and restriping of the street as required. Such restoration is to be specified in writing as a condition of the permit.
(1) 
Exceptions shall be granted for utility emergencies, utility openings that impact the safety and welfare of property owners, or if the applicant is able to prove undue hardships. Undue hardships shall be approved at the discretion of the Director.
(a) 
In the event that an exception is granted during the moratorium, the applicant shall be responsible to limit the disruption as much as possible, saw cut all excavations, and restore the trench to its original condition, including, but not limited to, the pavement, surface treatments, and striping. All repair paving shall be completed utilizing infrared technology within one week of the trench repair. A nonrefundable fee of $2,500 will be charged to open a road within its moratorium. The inspection fee would be $150, and the trench must be compacted in twelve-inch lifts. A refundable deposit and bond would still be required in accordance with the permit.
(b) 
The distances in either direction of the opening will be determined by the Director based on the proximity to other roadways or utility concerns. In most cases, final pavement restoration will encompass 25 feet in both directions of the opening for a full width of the existing road. The Director 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.
(c) 
Temporary and final pavement restoration shall be completed in accordance with Township standards, and milling will entail the full length and width that must be repaved.
(d) 
The restoration of the pavement shall be done no less than 60 days after the opening, and no more than 120 days after the opening. This will allow for any settlement in the trench to take place before the final pavement is placed. Exceptions to this time frame may be allowed by the Director dependent upon the time of year, which can affect the availability of paving materials.
It shall be the duty and responsibility of any applicant to:
A. 
Provide notification to the One-Call Damage Prevention System as set forth in statute N.J.S.A. 48:2-73 et seq. and as it may from time to time be amended.
B. 
Provide proof to the Township at the time of application that the applicant has provided notification to the One-Call Damage Prevention System by supplying the confirmation number assigned by the system to the Township or in such manner as the legislature may further set forth.
C. 
Make written application for such permit with the Director on such form as they shall prescribe. No work shall commence until the applicant has paid and provided all fees, deposits, certificates and bonds required by this article.
D. 
Furnish, in quadruple, a plan showing the work to be performed under such permit. Two copies of such plan shall be returned to the applicant at the time the permit is granted.
E. 
Agree to save the Township, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue by reason of any work performed under such permit. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
Permits are not transferable from one person to another, and the work shall not be made in any place other than the location specifically designated in the permit.
Work for which a permit has been issued shall commence within 30 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated, unless the permittee applies to the Director for an extension of time within which to commence work. If such an extension is granted, the original permit shall remain in force for the period of time specified in the extension. Permits which terminate within 30 days after the issuance or within any extension of time granted by the Director may be renewed only upon the payment of an additional permit fee as originally required.
Every permit shall expire at the time stated in the permit. If the permittee should not complete the work within the specified time, they shall, prior to expiration of the permit, present, in writing, to the Director a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Director, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
A. 
Any permit may be revoked by the Director after notice to the permittee for:
(1) 
Violation of any condition of the permit or of any provision of this article.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.
B. 
The permittee shall be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before such permit is revoked.
C. 
Written notice of any such violation or condition shall be served upon the permittee or their agent engaged in the work. The notice shall contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Director shall do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.
Any person receiving a permit shall pay a permit fee of $50 plus the following costs based on the size of the opening:
Size
(square feet)
Cost Per Square Foot
0 to 100
$5
101 to 500
$3
501 to 1,000
$2
Over 1,001
$1
Any person receiving a permit shall keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which such permit was granted and show such permit or plan upon demand by the Township public works or police authorities.
A. 
In granting a permit, the Director may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:
(1) 
Limitations on the period of the year which the work may be performed.
(2) 
Restrictions as to the size and type of equipment.
(3) 
The place and manner of disposal of excavated materials.
(4) 
Requirements as to the laying of dust, cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof.
(5) 
Regulations as to the use of streets in the course of the work.
B. 
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount greater than that specified in the permit, except that, upon approval by the Director, additional work may be done under the provisions of the permit in such an amount as the Director shall deem appropriate and necessary to complete the work. Any deposit and bond posted in connection with the permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
C. 
Work authorized by a permit shall be performed between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, unless the permittee obtains written consent from the Director, through the Police Department Traffic Safety Bureau, to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency or in the event that the work authorized by the permit is to be performed in traffic-congested areas.
A. 
If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, the applicant shall notify the affected property owners and tenants of the proposed work to be done.
B. 
If the work to be undertaken by a permittee will affect other subsurface installations in the vicinity of the proposed opening, the applicant shall notify the owners of such facilities of the proposed work.
C. 
The Director shall notify, in writing, the Township Police and Fire Departments of all street opening permits they grant. Such notification shall state the nature of the work to be done, proposed beginning and completion dates and the location of such projects.
Each applicant, upon the receipt of a permit, shall provide the Township with an acceptable corporate surety bond, cash or certified check to guarantee faithful performance of the work authorized by a permit granted pursuant to this article. The amount of the bond shall be 100% of the estimated cost of restoring the street opening. The term of the bond shall begin upon the date of posting thereof and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Director. If the permittee anticipates requesting more than one permit per year as required by this article, they may furnish one continuing corporate surety bond in such amount as the Director deems necessary to guarantee faithful performance. The amount of such bond minimum shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year. The Township may elect to waive the requirement insofar as it pertains to a public utility company if such company files with the Township its corporate bond in a form satisfactory to the Township, conditioned upon compliance with the provisions of this article.
A. 
Whenever the Director shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Director to be reasonably necessary for the completion of the work.
B. 
After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Township for the cost of doing the work as set forth in the notice.
Each applicant, upon the receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that they are insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance is by themselves, their subcontractor or anyone directly or indirectly employed by them. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the Director in accordance with the nature of the risk involved, provided that the liability insurance for bodily injury in effect shall not be less than $100,000 for each person and $300,000 for each accident and for property damages not less than $50,000, with an aggregate of $100,000 for all accidents. A public utility company or municipal authority may be relieved of the obligation of submitting such a certificate if it submits satisfactory evidence that it is insured or has adequate provision for self-insurance, in accordance with the requirements of this article. Public utilities and authorities may submit annually such evidence of insurance coverage in lieu of individual submissions for each permit.
The permittee under this article shall prosecute with diligence and expedition all excavation work covered by the permit and shall promptly complete this work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit. In the event that the permittee begins but does not complete the work by the completion date specified in the permit, then a new application must be filed requesting an extension of the time beyond the date specified for completion of the work. For each day beyond the expiration date of the permit that the excavation in the street is not completed and restored to its original condition, the permittee shall be assessed the following penalties:
A. 
Days one to three: $250 per day;
B. 
Days four to seven: $500 per day;
C. 
Days eight to 10: $750 per day;
D. 
Days 11 to 14: $1,000 per day; and
E. 
More than 14 days: $2,000 per day.