[Adopted 7-21-1988 by Ord. No. 627-88]
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
APPLICANT
Any person making written application to the Township of Middle for an excavation permit hereunder.
EXCAVATION
The excavation, opening or any other work performed under a permit and required to be performed under this article.
PERMITTEE
Any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC WORKS SUPERINTENDENT
As used in this article, shall be deemed to include the Administrative Director of Public Works.
[Added 8-5-2002 by Ord. No. 1110-02]
STREET
Any street, highway, alley, avenue or any other public way or public ground in the Township of Middle and under control of the Township of Middle.
A. 
It shall be unlawful, except in an emergency as set forth in Subsection B, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the Township Committee of the Township of Middle as herein provided:
(1) 
To dig up, excavate, tunnel, undermine or in any manner break up any street.
(2) 
To make or cause to be made any excavation in or under the surface of any street for any purpose.
(3) 
To place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street.
(4) 
To perform any other operation on any street which in any manner interferes with or disturbs the surface of such street
B. 
In the event that any street main, conduit or other utility installation in or under any street, alley or public way shall burst, break or otherwise be in such condition as seriously to endanger persons or property, the owner of such sewer main, conduit or other installation shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making permanent repairs to such street or alley until he shall have secured a permit as hereinafter provided. Such permit shall be applied for within three working days after such break or serious trouble shall have developed and the necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the Public Works Superintendent and shall be completed as soon as practicable after receipt of the permit.
[Amended 4-5-1990 by Ord. No. 720-90]
A. 
A written application for the issuance of an excavation permit shall be submitted to the Department of Public Works. The application shall state the name and address of the applicant, the location and dimensions of the excavation, the purpose of the excavation, the estimated dates of commencement, completion and restoration of the excavation and such other data as may reasonably be required by the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90; 9-5-2012 by Ord. No. 1420-12]
B. 
The permittee has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4 through 2A:170-69.6[1] when the proposed excavation is located within 200 feet of a gas pipeline, and all permits issued by the Township are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site, and, if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto.
[1]
Editor's Note: N.J.S.A. 2A:170-69.4 through 2A:170-69.6 were repealed by L. 1978, c. 95, § 2C:98-2, effective 9-1-1979.
A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the Public Works Superintendent (or in his or her absence any other person authorized to do so by resolution approved by Township Committee), in his or her discretion, may issue a permit to excavate or open the surface of any Township road.
[Amended 4-5-1990 by Ord. No. 720-90; 2-1-2010 by Ord. No. 1337-10]
B. 
For any extensive opening (those longer than 100 linear feet or more than 50% of the pavement width), a resolution must be passed by the Township Committee before any permit can be granted and before any work is commenced. The Township Committee may, in its discretion, pass a blanket resolution good for one year giving utility authorities and municipalities or their contractors permission to make numerous unspecified extensive openings on Township roads throughout the year, provided that proper application forms are filed in with the Department of Public Works before commencing work.
[Amended 9-5-2012 by Ord. No. 1420-12]
C. 
Small openings (those less than 100 linear feet or less than 50% of the pavement) are approved by the Public Works Superintendent before the granting of a permit.
[Amended 4-5-1990 by Ord. No. 720-90; 9-5-2012 by Ord. No. 1420-12]
D. 
No permit shall be issued for any road which has been constructed or reconstructed for a period of five years after the completion of said construction or reconstruction except in an emergency situation.
E. 
No permit shall be issued for any road which has been overlaid with bituminous concrete for a period of three years after the completion of said overlay except in an emergency situation.
F. 
In the case of emergency or hardship, the Township Committee may, by resolution, waive the five-year and three-year restrictions mentioned previously. When the case presents, the restoration requirement is to restore the road to the original pre-opening condition, but, at a minimum, the restoration is to consist of two-inch milling and paving of the full lane and/or full shoulder width for a distance of 50 linear feet in both directions beyond the length of the opening. All trench backfill is to consist of compacted DGA.
[Amended 12-19-2022 by Ord. No. 1664-22]
G. 
The Public Works Superintendent may, at his discretion, in the case of Township roads which carry exceptionally heavy volumes of traffic, forbid any opening or tearing up or excavating of such road except in the event of an emergency situation.
[Amended 4-5-1990 by Ord. No. 720-90]
A. 
Permits shall become null and void unless work is commenced within 45 days of the issuance of said permit unless an extension of time is granted, in writing, by the Public Works Superintendent.
B. 
The applicant shall give a twenty-four-hour notice to the Public Works Superintendent or his duly authorized representative prior to making any road openings except in cases of emergency as provided in § 215-13. No opening shall be commenced on a Saturday, Sunday or holiday unless in cases of emergency. If done, inspection must be paid for by the applicant at a rate set by the Township.
A. 
A permit fee shall be charged by the Department of Public Works for the issuance of a permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The permit fee shall be in an amount varying with the size of the road opening.
[Amended 9-5-2012 by Ord. No. 1420-12]
(1) 
Trench fees.
[Amended 4-4-2005 by Ord. No. 1188-05; 4-4-2011 by Ord. No. 1378-11]
Size of Trench Opening
(square feet)
Fee
First 5
$50
Each additional 5
$5
(2) 
Curb and gutter installation permits.
Number of Feet
Fee
0 to 100
$20.00
100 to 500
$50.00
Over 500
$75.00 plus $10.00 for every 1,000 feet thereafter
(3) 
Direct burial cable.
Number of Feet
Fee
Up to 1,500
$50.00
Over 1,500
$75.00 plus $10.00 for every 1,000 feet thereafter
The fees apply to cables of a maximum width of six inches in shoulder. For cables of greater widths, trench fees apply.
B. 
Performance bond.
(1) 
No permit shall be issued hereunder prior to the submission of a performance bond in the amount of $5,000. This performance bond shall serve to guarantee that the road openings will be properly closed and that the road, street or highway will be satisfactorily reconstructed.
[Amended 8-16-2004 by Ord. No. 1171-04]
(2) 
In the alternative, a certified check in the same amount shall be provided with the application.
C. 
Maintenance bond.
(1) 
No performance bond shall be released prior to the submission of a maintenance bond in the amount of $10 per square yard of excavation. This maintenance bond will serve to guarantee that the road, as reconstructed, will remain in good condition for two years after the final acceptance.
(2) 
In the alternative, a certified check in the same amount shall be provided with the application.
(3) 
A maintenance bond will not be required if the final restoration is done by the Township as specified in § 215-22E(2).
D. 
A utility company or municipality may, in lieu of giving a separate bond for each project, annually, in January of each year, post a performance bond or a corporate bond in an amount sufficient to encompass the estimated work to be performed by said company during the calendar year: provided, however, that when the cost of opening of trenches exceeds the amount of the bond posted, additional bonds and/or cash security will be required.
E. 
A utility company or authority or a municipality may also name the Township as coholder of its performance and maintenance bonds, provided that they are of greater or equal value in projects done by an outside contractor.
F. 
All checks and bonds under this article shall be submitted to the Department of Public Works and shall be made payable to the "Township of Middle." The Township of Middle will hold performance bonds until final inspection and maintenance bonds for two years after final acceptance.
[Amended 9-5-2012 by Ord. No. 1420-12]
G. 
Openings over 30 feet of continuous installation shall require an inspection fee to be paid by the permittee to the Township of Middle at a prorated fee of $15 per hour.
[Amended 9-5-2012 by Ord. No. 1420-12]
H. 
On large-scale projects performed by a utility company or authority or a municipality, having its own inspector, the Township Committee of the Township of Middle, in its discretion, may waive the Township inspection fee, if so requested by the permittee.
The applicant, upon securing said permit, agrees that the Township of Middle will be saved harmless from any and all claims of any nature arising out of the construction of road- and street-opening work covered by said permit and further that the Township of Middle, in issuing said permit, shall not assume liability in connection therewith. In the event of any suit or claim against the Township of Middle by reason of the negligence or default of the permittee, upon the Township's giving written notice to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the Township's costs in connection with such suit.
A. 
Prior to performing any work under the permit, the permittee shall deliver to the Department of Public Works a certificate of insurance in the sum of not less than $1,000,000 combined single limit (liability). Where applicable, the permittee shall demonstrate that the explosion, collapse and underground exclusion has been removed from its insurance policy. The insurance carrier will not cancel said insurance without giving the Township of Middle at least 10 days' notice thereof, in writing. The insurance policy must remain in effect until the Township inspector signs the certificate of satisfactory completion.
[Amended 9-5-2012 by Ord. No. 1420-12]
B. 
On projects done by outside contracts where a utility company or authority or a municipality is requiring a certificate of insurance greater than or equal to the Township's requirements, the contractor's policy must name the Township as a beneficiary.
A. 
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall keep all road and street openings guarded at all times and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices maintained throughout the performance of the work, and no greater part of any road shall be opened than that specified in the permit.
B. 
No Township road shall be closed to traffic without the prior consent of the Public Works Superintendent. In the event that a road is closed, uniformed police may be required to act as traffic directors, and the proper traffic control devices shall be erected and maintained in accordance with standards described in the latest edition of the Manual on Uniform Traffic Control Devices, as published by the Federal Highway Administration. The permittee desiring to close a road to traffic shall notify the Township Police Chief or his designee.
[Amended 4-5-1990 by Ord. No. 720-90]
C. 
Where flagmen are deemed necessary, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In the instances in which this would not be feasible, the Public Works Superintendent will designate detours. The Township shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee, but in case there are no existing highways, the permittee shall construct all detours at its own expense and in conformity with the specifications of the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90]
D. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
The following measures shall be taken to ensure the safety and protection of the traveling public:
A. 
Any portions of work areas not closed to traffic must be temporarily patched with cold patch, a minimum of two inches thick and properly maintained, until final paving is installed.
B. 
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible.
C. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Timber decking shall be not less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide and of adequate length, together with blocking. The walk shall not be less than three feet in width and shall be provided with a railing as required by the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90]
D. 
The permittee must call the New Jersey Utility Opening Service at (800) 272-1000 and obtain clearances before beginning excavation.
E. 
It is urged that all utilities be constructed with a minimum of three feet of cover, to provide protection for the utilities in the event that future Township road reconstruction, repair or modifications necessitate excavation, undercutting or installation of facilities in the area where the utility is located. This location will in no way relieve the utility owner of the responsibility of relocating said utility at said utility owner's expense in case of conflict with future construction, reconstruction or modification of Township-related facilities.
A. 
All work shall be governed by the New Jersey State Department of Transportation 1961 Standard Specifications for Road and Bridge Construction, with all amendments and supplements, except as supplemented herein.
B. 
For all openings:
(1) 
The paved roadway surfaces shall be cut vertically with a sharp tool on a straight line before excavating.
(2) 
The material excavated from the trench opening shall not be replaced as backfill unless specifically permitted by the Public Works Superintendent or his authorized agent.
[Amended 4-5-1990 by Ord. No. 720-90]
(3) 
Clean granular backfill shall be furnished from outside sources and deposited in layers and compacted in such a manner and by such matters as to achieve 95% standard proctor density throughout the entire backfill. Whenever the Public Works Superintendent shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill. The thickness of each layer shall be dependent upon the type of compactor employed, and at no time shall the thickness exceed 12 inches.
[Amended 4-5-1990 by Ord. No. 720-90]
(4) 
The uncompleted length of road opening allowed under a permit at any one time shall not exceed 50 linear feet unless approved by the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90]
(5) 
In newly constructed, reconstructed or overlaid asphalt pavements, before placing the base course, the opening shall be cut back six inches beyond the perimeter of the trench opening, and a tack coat shall be applied to all joints. The tack coat shall be asphaltic oil, Grade RC-0, or emulsified asphalt, Grade 2S-2, or equal.
(6) 
Where existing manholes are located in the shoulder area, a minimum of two inches of asphalt FABC-1, Mix 5, shall be placed on all disturbed areas on all sides of the manhole castings on eight inches of road gravel. The width of the FABC-1, Mix 5, shall conform to the dimensions of the existing shoulder.
C. 
For openings in old asphalt, oiled gravel, newly constructed, reconstructed or overlaid roads, clean granular backfill shall be added as described in Subsection B(3) of this section. Six inches of road gravel, Type 2, Class B, shall then be added to a level six inches below the level of the adjacent paved surfaces. The openings shall be cut back six inches beyond the perimeter of the trench opening. The base course shall be compacted bituminous stabilized base, stone mix, Mix No. 1 material, four inches thick. A two-inch compacted depth of bituminous cold patch material shall be placed on the base material.
D. 
All openings must be backfilled immediately and final pavement restored between 30 and 90 days.
E. 
The permittee has two alternatives for final restoration as follows:
(1) 
The permittee may perform the final restoration by removing the two-inch patch and replacing it with Mix 5 and rolling it in place to obtain a smooth pavement surface. All joints between the new and existing pavements shall be sealed with a tack coat.
(2) 
The permittee may elect to have the Township Road Department construct the permanent repair of the trench opening. The Township Road Department shall perform the work at $20 per square yard, payable in advance. The repair work shall be in conformance with the technical specifications listed in this document. The Township Road Department may elect not to make the permanent repair. In such cases, the applicant will be required to have the permanent repair made.
F. 
For all openings in concrete pavement surfaces, the trench backfill shall be compacted to a level two inches below the top of the adjacent paved surface. A two-inch compacted depth of temporary bituminous cold patch material shall then be placed, compacted level with the existing pavement and maintained by the permittee to pavement level by adding occasional cold patch for a period of 30 days or more until final settlement has occurred. After final settlement, a pavement course of Class B concrete, eight inches in depth, shall be constructed level with the existing pavement surface.
G. 
Where openings are made in oil and stone shoulders disturbing more than 25% of shoulder, the entire shoulder width shall be replaced with a minimum of six inches of road gravel, Type 2, Class B, and subjected to a bituminous surface treatment. The bituminous surface treatment shall consist of an application of prime coat at the rate of 0.25 to 0.45 gallon per square yard, sand cover of 15 pounds per square yard and a seal coat at the rate of 0.2 to 0.3 gallon per square yard. Upon application of the seal coat, a cover material of standard size No. 8 broken stone shall be applied at the rate of 25 pounds per square yard and rolled.
H. 
All openings in roadside areas shall be backfilled and leveled with clean granular material to within four inches of the adjacent grade. After proper settlement, four inches of topsoil shall be placed, and the area shall be fertilized and seeded. Mulching shall also be placed when directed by the Public Works Superintendent. Should proper growth not be achieved, the area will be reseeded as necessary.
[Amended 4-5-1990 by Ord. No. 720-90]
I. 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90]
J. 
Any opening or restoration procedure which is not in conformance to the technical specifications listed in this document must be approved by the Township Engineer.
K. 
Upon completion of work, the applicant will request a final inspection by the Public Works Superintendent. If work is completed in a satisfactory manner, a certificate of satisfactory completion will be signed and upon delivery of maintenance guarantee to the Department of Public Works, the performance guaranty will be returned.
[Amended 4-5-1990 by Ord. No. 720-90; 9-5-2012 by Ord. No. 1420-12]
L. 
In any case where the contractor has not complied with these regulations to the satisfaction of the Public Works Superintendent, the Public Works Superintendent, without notice, may cause the work to be done, and the cost shall be charged against the bonding company.
[Amended 4-5-1990 by Ord. No. 720-90]
M. 
Where openings are made in a roadway, disturbing more than 25% of the roadway, the entire roadway width shall be overlaid with a two-inch variable thickness of FABC-1, Mix 6, pavement applied to the entire length of the disturbed area and rolled in place to obtain a smooth pavement surface.
N. 
The Township Committee may, in its discretion, waive the paving of the entire roadway in cases where less than 50% of the roadway is disturbed.
O. 
All traffic control devices, i.e., signs, stripes, etc., removed by the permittee during the opening shall be noted to the Township Engineer and shall be replaced during the restoration. Arrangements for replacement by the permittee or by the Township Road Department shall be made independent of the alternative chosen in Subsection E above.
A. 
If more than three individual holes are required within a twenty-foot length, a single trench must be used rather than the individual holes. In no case will more than three individual holes be permitted.
B. 
The Township Road Department shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with any conditions imposed on the issuance of the permit and the specifications. The Township Road Department may, upon the recommendation of its inspector:
(1) 
Order a temporary stop to any road opening.
(2) 
Order that the applicant perform or correct specified work in accordance with the direction of the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90]
(3) 
Order a stop to any work and revoke the permit, in which event the Township Road Department shall complete or cause to be completed the work and declare the applicant's cash deposit forfeit or notify the applicant's surety of an intent to file claim on the bond.
(4) 
Correct any work after notification to the applicant and the neglect or the refusal of the applicant to make corrections as indicated and, upon doing so, declare the applicant's cash bond forfeit or notify the applicant's surety of an intent to file a claim on the bond.
(5) 
Take any other action deemed reasonable under the circumstances.
[Amended 4-5-1990 by Ord. No. 720-90]
A. 
For a violation of any provision of this article, any person, firm, association, partnership or corporation so violating shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000, or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, all of the aforesaid, however, being in the discretion of the Judge or other officer having jurisdiction.
B. 
Separate violations. Except as otherwise provided, every day in which a violation of any provision of this article exists shall constitute a separate violation.