[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:
Any person who makes application for a permit.
The person in charge of the Department of Public Works or
his authorized deputy or representative.
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.
Any body corporate and politic created pursuant to the laws
of the state.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any company subject to the jurisdiction of and controlled
by the State Public Utility Commission.
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.
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.
In all cases where emergency openings are necessary, the Township
Police Department shall be notified prior to such opening.
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.
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 him or under his 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, he
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
his 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 him
as a result thereof.
The Director must be notified by the permittee during the forty-eight-hour
period preceding beginning of backfilling of the date and approximate
time at which backfilling will be begun.
The permittee shall notify the Director, in writing, upon completion
of all work accomplished under the provisions of the permit.
A.
The Director shall make such inspections as he 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 his 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 his 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 he 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, he 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:
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 his 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.
Every permit shall be granted subject to the right of the Township
or of any other person to lawfully use the street for any purpose
not consistent with the permit.
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 he grants. 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,
he 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 he is 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 himself, his subcontractor or anyone directly or indirectly employed
by him. 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:
