[Adopted 12-31-2001 by Ord. No. 2001-37 as § 26-1 of the 2001 Code]
No person shall cut, dig, drill or make any hole, trench or other excavation in any road, street, alley, highway or other public way, under the jurisdiction of the Township, without first having obtained a permit from the Municipal Clerk.
As used in this article, the following terms shall have the meanings indicated:
- CLASS A ROAD
- Any road with a macadam or stabilized base and bituminous concrete surface or an oiled penetration surface.
- CLASS B ROAD
- Macadam base or gravel base, primed and surface treated.
- CLASS C ROAD
- Any cinder, dirt or gravel road without oil treatment and any other road in the jurisdiction of Robbinsville Township.
- EXCESS WIDTH OR LENGTH
- That length or width deemed necessary for replacement by the Township Engineer or Township Road Supervisor.
- NORMAL RESTORATION LENGTH
- Will be considered to be three feet longer than the trench length.
- NORMAL RESTORATION WIDTH
- Will be considered to be four feet.
An applicant for a permit shall make written application in which he/she shall state:
The name of the street where the opening is to be made.
The house number, if any, and the Robbinsville Township Tax Map lot and section number of the property.
The purpose for which the opening is to be used.
The nature of the surface in which the opening is to be made.
The probable dimensions of the opening.
The time when the work is to be commenced and completed.
Upon the filing of a valid application, together with the permit fee required by this article, the Municipal Clerk shall issue a permit. The permit shall state the identity and address of the applicant, the name of the street and location where the opening is to be made, the dimensions of the opening and the period during which the permit shall be valid.
Any portion of fees paid and not required for the Township's cost of restoration shall be returned to the applicant after restoration of the road, except for the Township's costs for inspections.
Any municipal corporation or authority or joint municipal authority or public utility corporation may file an application with the governing body requesting permission to file a bond in lieu of the fees herein prescribed. Such applications may be granted by the Township in cases where the applicant is deemed capable of properly restoring the street surface and foundation and where it is deemed impracticable for the applicant to pay separate fees for each application when a substantial number of openings are contemplated. Such bond shall be in an amount to be determined by the governing body, shall be issued by a bonding company or a surety company, or a corporation approved by the governing body, and shall be conditioned upon the restoration of the surface and foundation of any street for which an opening permit is granted, in a manner acceptable to the governing body. Such bond may be accepted to cover such number of separate applications by the same applicant as shall be determined by the governing body and shall remain in force for a period to be determined by the governing body. Upon approval of such application by the governing body and approval of such bond by the Township Attorney as to form, sufficiency and execution, the Municipal Clerk is authorized to issue permits for the work so approved without the payment of the aforesaid fees. In all cases where such bond is accepted in lieu of such fees, the surface and foundation of the street for which a permit is issued shall be restored at the expense of the applicant in accordance with the requirements of this article and any other applicable Robbinsville Township ordinances. The municipal entity or public utility corporation shall be responsible for all inspection fees incurred by the Township and will reimburse the Township for the cost upon receipt of billings from the Municipal Clerk.
All permits issued under this article shall be subject to the following regulations:
Guarding and minimizing interference. Each street opening shall be properly guarded and shall have sufficient lights around it to give adequate warning during the hours of darkness. All work done under any permit shall be done in such a manner as to cause a minimum of interference with travel along the street affected. No street shall be closed to traffic unless specific permission therefor has been granted by the Township Engineer and Township Police Department.
Indemnification of Township. Each permittee shall, as a condition of accepting any permit issued hereunder, save, hold and keep harmless and indemnify the Township, its officers, agents, servants and employees from and against any loss, damage, claim, demand or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under such permit.
Extensions of time limit. Upon application being made therefor, the governing body may extend the time during which any permit shall be valid for such period as the governing body shall deem it advisable. In no event will the permit be extended beyond a one-year period.
Interference with sewers. No work for which a permit is issued hereunder shall be conducted in such manner as to interfere with any storm sewer or sewer line, or any connection from either of the same to any building, unless specific permission to interfere with such storm sewer or sewer line is obtained in advance from the Township Engineer.
Pavement cutting. All pavements shall be cut by mechanical means so as to provide for a clean, straight cut. Prior to permanent restoration, the permittee shall trim all pavement edges back in order to provide for a clean straight-cut line.
Backfilling. All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in a manner prescribed by the Township Engineer. When the Township Engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with selected backfill material, which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed by the Engineer. On completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Township Engineer determines that any backfilled excavation has settled or caved in, he/she shall notify the permittee, who shall promptly continue backfilling until the Engineer determines that settlement is complete.
Temporary pavement. The permittee shall, immediately upon backfilling and compaction of the trench, place a two-inch layer of FABC-1 bituminous stabilized base course or equivalent. If conditions warrant, in the opinion of the Township Engineer, the permittee shall place four inches of one-and-one-half-inch road stone as a base material prior to placing the bituminous stabilized base or equivalent. The permittee shall maintain the condition and grade of the temporary pavement at all times until the placing of permanent paving. The temporary pavement shall remain in place approximately three months or as directed by the Engineer.
Permanent restoration. The temporary pavement shall be removed to the depth of approximately seven inches below the adjacent road surface. All edges shall be trimmed as required prior to placing the permanent pavement. All surfaces of existing pavements, casings and structures should be tack coated with asphalt oil. The permittee shall then place five inches of bituminous stabilized base course in one layer, compacting the material to a grade of two inches of FABC-1 surface course to the level of the adjacent pavement.
Shoulder restoration. The permittee shall, immediately upon backfilling and compaction of the trench, place an eight-inch layer or one-and-one-half-inch road stone to the level of the existing shoulder surface. The trench shall be maintained and kept to the existing shoulder grade by the addition of road stone as required.
Driveway openings. The permittee shall replace all driveways under the requirements of pavement or shoulder restoration specifications depending upon the type of the original pavement.
Lawn areas. The permittee shall sod or seed, as directed by the Township Engineer, all lawn areas disturbed during the construction operation.
Tunneling. In the event that tunneling operations shall be required to reach the point of connection with any main line, the backfill in any such tunnel shall consist of rammed cement concrete composed of a mixture of one part of cement to six parts of coarse aggregate material not inferior to cinders.
Acceptance of excavation work. Acceptance or approval of any excavation work by the Township Engineer shall not prevent the Township from asserting a claim against the permittee and his/her or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The Township Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
Insurance. No permit shall be issued until the applicant has furnished the Engineer with satisfactory proof that he/she is insured against injury to persons and damage to property caused by any act or omission of the applicant, his/her 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 the completed operations. The limits of the insurance shall be $100,000 for injury to any one person, $300,000 for injuries to more than one person in the same accident and $100,000 for property damage for a single incident. The governing body may waive the requirements of this subsection for public utilities on the presentation of satisfactory proof that they are capable of meeting claims against them up to the amount of the limits of the insurance policy which would otherwise be required.
Whenever the governing body enacts any ordinance or resolution providing for the paving or repaving of any street, the Municipal Clerk shall promptly notify, by certified mail, return receipt requested, each person owning any sewer, main, conduit or other utility in or under the street or any real property, whether improved or unimproved, abutting the street. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts or excavations in the street for a period of five years after completion of paving. Such notice shall also notify such persons that applications for excavation permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of receipt of notice. The Municipal Clerk shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting the street for their information and to state agencies and Township departments or other persons that may desire to perform excavation work in the Township street.
Within 45 days every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install or repair sewers, mains, conduit or other utility installations. In the event that any owner of real property abutting the street shall fail within the 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his/her successors in interest to make openings, cuts or excavations in the street shall be forfeited for a period of five years from the date of completion of paving. During that five years, no excavation permit shall be issued to open, cut or excavate in the street unless, in the judgment of the Township Engineer, an emergency exists which makes it absolutely essential that the excavation permit be issued.
Every Township Department or official charged with responsibility for work that may necessitate any opening, cut or excavation in the street is directed to take appropriate measures to perform such excavation work within the forty-five-day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in the Township street during the five-year period.
During the five-year period, no excavation permit shall be issued to open, cut or excavate in the street unless, in the judgment of the Township Engineer, an emergency exists or, in the judgment of the Board of Health of Robbinsville Township, a health emergency exists requiring a connection to water or sewer facilities which makes it absolutely essential that the excavation permit be granted.
In case the work has not been completed before the date of expiration, as stated in the permit, and the party or parties to whom the permit was issued has not requested an extension of time, the Township Engineer or Road Supervisor may, if he/she 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 the date is needed for the completion of the work, a new application must be filed and a new fee paid.
The governing body may revoke any permit for noncompliance with any provision of this article. In any special case, the governing body may by resolution impose special conditions to which the issuance of the permit shall be subject, or the governing body may in any case deem by resolution that any provision of this article shall not apply or shall be altered.