[Adopted 10-1-1975 as Ch. 111, Art. III, of the 1975 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any area within a street, road, highway, avenue, lane, alley or other way under the control of the Township of Maple Shade and commonly used by the public for street purposes that has been reconstructed within the past 60 months from project completion as determined by the Municipal Engineer or resurfaced/overlayed within the past 24 months from project completion as determined by the Municipal Engineer. Street excavation permits cannot be issued for a moratorium street area other than for emergency (see § 175-18) or for work performed by the Township.
[Added 4-26-2018 by Ord.
No. 2018-03]
RECONSTRUCTED ROADA road that has undergone reconstruction. Reconstruction is the replacement of the entire existing pavement structure by the placement of the equivalent or increased pavement structure. Reconstruction is performed when a street's structure is deteriorated to the point of no return or when a street's loading capacity needs to be upgraded. Reconstruction generally consists of excavation of all existing paving material and subbase material, placing and compacting of new subbase material, and placing and compacting of hot mix asphalt.
RESURFACED ROADA road that has undergone resurfacing or overlay. Resurfacing or overlay is the replacement of the surface of the existing pavement. Resurfacing is performed to improve driving conditions or correct improper drainage on a road that does not have structural deficiencies. Resurfacing is performed by grinding off selected areas of old asphalt, repairing select badly deteriorated areas, and placing and compacting of hot mix asphalt. Asphalt used for resurfacing is generally placed in two-inch-thick layers.
A natural person, persons, partnership, organization or corporation,
including utility companies.
Any street, road, highway, avenue, lane, alley or other way
under the control of the Township of Maple Shade and commonly used
by the public for street purposes.
A.
Nothing in any provision of this article shall be construed as requiring
the issuance of a permit for the performance of any work done on any
county or state road or under a contract with the township.
B.
Nothing in this article shall be construed as impairing or abrogating
any rights heretofore granted by the township in any ordinance.
A.
No person, company, firm or corporation shall remove,
dig into, disturb, excavate or take up, or cause or permit to be removed,
disturbed, excavated or dug up, the surface of any street, sidewalk
or other public place or any pavement therein which is under the control
of the Township of Maple Shade without first having obtained and being
in possession of a valid written permit to do so. It shall be the
duty of the Community Development Director to grant such a permit
when all the requirements for granting the same have been complied
with by the applicant.
[Amended 9-20-2000 by Ord. No. 2000-11]
B.
At the discretion of the Community Development Director, upon direction
from the Township Manager, which may include advice from the Director
of Public Works, Traffic Control and the Township Engineer, the separate
permit required for each opening may be waived in the case of an applicant(s)
making numerous openings (see example 1 below) and shall not be required
for the installation of utility poles or guy wires.
[Amended 9-20-2000 by Ord. No. 2000-11; 4-26-2018 by Ord. No. 2018-03; 6-25-2020 by Ord. No. 2020-05]
(1)
Example 1: Five or fewer residential property owners may file a joint
application for multiple sidewalk repairs (including removal and replacement)
when:
C.
The application and the issuance of the permit shall
be in the name of the party actually doing the work, except in the
case of public utilities which have posted a bond with the township.
D.
Permission to make an opening or tear up the surface
of a road does not carry with it any right to make drainage, sewer,
water, gas, oil, steam, electric or telephone connections. A separate
permit to make such connections must be obtained from the proper officials
having jurisdiction.
A.
Applications for a permit under the provisions of
this article shall be submitted at least 72 hours prior to the time
work is to begin.
B.
Applications shall contain the following information:
(1)
Name and address of applicant.
(2)
Name and address of person, firm or corporation performing
the excavation.
(3)
Location of proposed excavation.
(4)
The date on which the operation will start and the date on which
it will be completed. All projects should be complete and ready for
inspection within two weeks of the project start of date.
[Amended 4-26-2018 by Ord. No. 2018-03]
(5)
The purpose of such opening or excavation (sewer,
water, gas, electricity, telephone, etc.).
(6)
Approximate size of excavation.
C.
In addition to the information required above, a sketch
shall be submitted showing:
D.
The application and sketch plan shall be approved
by the Township Engineer and/or Police Department Traffic Control
prior to the issuance of any permit. Applications that only include
sidewalk or a sump pump connection to the ROW (no apron, curbs, or
pavement) may be reviewed, approved and inspected by the Director
of Public Work with input from Traffic Control and, if needed, the
Township Engineer.
[Amended 6-25-2020 by Ord. No. 2020-05]
[Amended 9-20-2000 by Ord. No. 2000-11; 10-11-2018 by Ord.
No. 2018-12]
A.
When the replacement of the pavement is to be performed by the Township, fees shall be charged as set forth in Chapter 88, Fees.
B.
Work done by permit holder.
(1)
When the replacement of the pavement is to be performed by the holder of the permit, fees shall be charged as set forth in Chapter 88, Fees. Applications that involve a scope of work that is expected to require municipal inspections that will significantly exceed the amount of the inspection fee, the applicant will instead be required to post escrow for inspections in an amount as recommended by the Municipal Engineer and agreed to by the applicant.
(2)
Such fees shall be charged to cover the administrative costs of processing
and issuing the permit and making necessary inspections.
[Amended 10-20-1999 by Ord. No. 1999-10; 9-20-2000 by Ord. No. 2000-11; 12-11-2014 by Ord. No.
2014-24]
In the event that the fee is paid as provided in § 175-14B above and said work is done in accordance with a new approved land development project, the board engineer shall prepare a bond estimate inclusive of all infrastructure work for street excavation. A bond for said work shall be deposited with the Community Development Director prior to any work being performed.
A.
There shall be deposited with the Community Development Director an amount sufficient to cover the cost of repairing or replacing the pavement of the street opened. Such deposit shall be in the amount computed as provided by § 175-14A above. After replacement and/or repair has been completed, the deposit shall be returned less the cost of any township expenses incurred in the satisfactory completion of such repair and/or replacement.
B.
A maintenance bond shall be deposited with the Township to guarantee
that the restoration will remain in good condition for at least one
year.
(1)
The minimum amount of each maintenance bond shall be $500 and there
shall be an additional amount of $1 for each square foot in excess
of 100 square feet.
C.
Capital projects under the supervision of the Township Engineer shall
post a bond with the Township Treasurer. The Township Engineer shall
prepare a bond estimate inclusive of all infrastructure work for said
capital project.
D.
No bond issued to the Township of Maple Shade shall be released without
a resolution of approval from the Township Council.
The applicant, in accepting a permit under this
article, shall be deemed to have agreed to indemnify and save harmless
the Township of Maple Shade from and against all loss, cost or damages
incurred by reason of any damage to any property, injury to any person
or any loss of life resulting from negligence of the applicant, his
agents or employees in performing the work covered by the permit,
and the Township of Maple Shade, in issuing said permit, thereby discounts
any liability in connection therewith. The township inspection is
solely for the purpose of ensuring that the existing facilities are
restored so that the township will not have the financial responsibility
of replacing said facilities.
Where water or gas installations require services
of existing users to be interrupted, such utility shall notify such
users of the period of time when the services will not be available.
Such notice shall be given at least 24 hours prior to the interruption
of service.
[Amended 4-26-2018 by Ord. No. 2018-03]
Street openings may be made without the necessity of a written application, as provided for in § 175-13 hereof, in emergencies such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided that notice thereof shall be immediately given verbally to the Chief of Police. Written application for a permit shall nevertheless be made to the Township as soon as may be convenient, but in any event within 48 hours, all in accordance with the provisions of this article. When an emergency street opening is necessary within a moratorium street area, the roadway shall be backfilled, restored, and resurfaced from curb to curb when the entire roadway (curb-to-curb) was part of a roadway improvement project, or the roadway shall be backfilled, restored, and resurfaced in accordance with the provisions of this article.
[Amended 6-25-2020 by Ord. No. 2020-05]
It shall be the duty of the permittee to give
notice of the proposed street opening to any company whose pipes,
conduits or other structures are laid in the portion of the street
to be opened. Such notice shall be given at least 48 hours before
commencing such opening. The permittee shall, at his own expense,
carefully support, maintain in operation and protect from injury such
pipes, conduits or other structures. If any damage is caused to such
structures, the permittee shall restore them at his own expense.
The permittee shall comply with the following
rules and regulations:
A.
The permittee must notify the Community Development
Director, Township Engineer, Public Works Director, and the Police
Department at least 48 hours in advance of the exact time of starting
the work on all excavations.
[Amended 9-20-2000 by Ord. No. 2000-11; 6-25-2020 by Ord. No. 2020-05]
B.
Written permission to close a road to traffic must
first be secured from the Community Development Director and the Police
Department, and such permission shall only be valid for the time specified.
The permittee may be required to give notification of such closing
to various public agencies and to the general public.
[Amended 9-20-2000 by Ord. No. 2000-11]
C.
The applicant shall keep all road openings properly
guarded at all times for the safe passage of all traffic.
D.
All openings shall be covered or filled overnight
unless permission to do otherwise is obtained from the Community Development
Director and the opening is adequately protected. In the case of public
utilities, the required permission is waived.
[Amended 9-20-2000 by Ord. No. 2000-11]
E.
Warning measures.
(1)
It shall be the duty of every person cutting or making
an excavation in or upon any public place to place and maintain barriers
and warning devices necessary for the safety of the general public.
Barriers, warning signs, lights, etc., shall be electrical markers
or flashers which shall be used to indicate a hazard to traffic from
sunset of each day to sunrise of the next day. Electric markers or
flashers shall emit light at sufficient intensity and frequency to
be visible at a reasonable distance for safety. Reflectors or reflecting
material may be used to supplement but not replace light sources.
(2)
The permittee shall take appropriate measures to ensure
that during the performance of the excavation work, traffic conditions
shall be maintained as near normal as possible at all times so as
to minimize inconvenience to the occupants of the adjoining properties
as to the general public.
(3)
Warning signs shall be placed far enough in advance
of the construction operation to alert traffic in a public street,
and cones or other approved devices shall be placed to channel traffic
in accordance with the instruction of the Police Department.
F.
The permittee shall open no greater part of such road
than shall be reasonably necessary.
G.
Any opening or excavation in a road shall be promptly
backfilled and restored.
H.
Where multiple openings are made, the permittee shall
resurface with one strip to prevent a washboard effect.
I.
Installations shall be in sidewalk areas where possible,
and all conduits shall be placed by boring or jacking wherever feasible.
J.
Permission to cross bridges, culverts or other drainage
structures must first be obtained from the County Engineer or from
the Township Engineer of the Township of Maple Shade before a road
opening permit is issued.
K.
All excavations and operations connected therewith
shall be performed so as to provide for adequate drainage and the
passage of water along the gutters.
A.
The use of power excavating equipment is prohibited
within the pavement limits until each edge of the trench has been
cut through the entire thickness of the pavement to an even, uniform
line. All pavement cuts shall be made with a cutting tool or concrete
saw and shall be 12 inches wider and 12 inches longer than the excavation
proposed to be made in the earth beneath so that there will be a shoulder
six inches wide on each side and at each end of the excavation.
B.
The maximum width of any trench for sewer or utility
connections shall be 30 inches unless a greater width is approved
in writing by the Township Engineer.
C.
Excavated material shall be stored in neat piles,
so placed as to cause the least inconvenience in the use of the roadway
or sidewalk. If so ordered by the Township Engineer, such excavated
material shall be promptly removed from the site of the work.
D.
Special permission may be granted for tunneling under
a pavement of concrete or one having a concrete base. In such case,
the tunnel shall be refilled with one-to-three-to-six concrete, well
tamped in place.
Unless otherwise directed by the Township Engineer
or his authorized representative, the following specifications shall
govern the backfill to be placed in excavated trenches:
A.
All road, shoulder and driveway openings shall be
backfilled with controlled low-strength material per Subsection 903.09
of the NJDOT Standard Specifications for Road and Bridge Construction,
2007, as amended, or 15:1 sand cement dry mix.
[Amended 11-14-2013 by Ord. No. 2013-16]
B.
All other openings shall be backfilled with the excavated
material and shall be tamped in twelve-inch layers with a mechanical
tamper.
C.
Backfill shall be placed in trenches, as above specified,
by the person, firm or corporation making the opening.
D.
All material not suitable for backfill and all excess
backfill material shall be removed from the site by the person, firm
or corporation responsible for the opening.
If, in the opinion of the Township Engineer,
conditions are such as to require sheathing, the permittee will install
such sheathing as may be required upon order of the Township Engineer.
Small pipes or conduits may be driven beneath
pavements in such a manner that the surface shall not be disturbed
or injured, provided that:
A.
In the event of damage to a pavement or subsurface
pipe or structure caused by driving such pipe or conduit, the permittee
shall repair and make good the damage at his own expense.
B.
Driving of pipes is prohibited at locations in the
highways where there is existing underground construction of any public
utility corporation.
A.
Flexible base pavements.
(1)
The backfill shall be brought up to an elevation seven inches below the elevation of the existing adjacent surface of the pavement, and said backfill shall be placed in accordance with the specifications contained in § 175-22 above.
(2)
The backfilled area shall be provided with a temporary
pavement which shall consist of a seven-inch-thick layer of compacted
bituminous stabilized base. This temporary pavement shall be maintained
by the permittee in first-class condition, as determined by the Township
Engineer, for a period of one year or for such other period as shall
be determined at the discretion of the Township Engineer. After such
period, the permittee shall remove the top two inches of the temporary
pavement and shall replace same with a permanent pavement consisting
of two inches of such material as existed prior to excavation. Prior
to the application of the finished surface course, the edges of the
existing pavement shall be coated with a cutback asphalt.
(3)
The permittee shall notify the Township Engineer at
least 24 hours in advance of the exact time at which he proposes to
begin the permanent pavement restoration.
B.
Rigid base pavements.
(1)
The backfill shall be placed in accordance with the specifications contained in § 175-22 above. The backfilled area shall be provided with a temporary pavement consisting of the same depth of stabilized base as the existing concrete pavement. The placement of the permanent top shall be in accordance with the specifications contained in Subsection A above, except that such top shall be placed to the same thickness as that which previously existed.
(2)
Any bituminous topping on the concrete shall be replaced
with the same material as the existing material, or such material
as shall be specified by the Township Engineer, to the thickness of
that which previously existed.
(3)
The Township Engineer is to be notified at least 24
hours in advance of starting permanent pavement replacement.
C.
Repairs. Any repairs which may be necessary during
the year in which maintenance is to be provided shall conform to the
requirements of this article and shall be as provided by the Township
Engineer.
A.
The period of maintenance shall be a period of one
year after final completion of the work. In the event that the period
shall terminate within the months of December, January, February,
March or April, the period of maintenance shall be considered as extending
until the first day of May next thereafter.
B.
The period of maintenance shall terminate on the date
the township completes any permanent pavement repairs if such date
is prior to the time limit hereinabove established.
C.
In the event that the township finds it necessary
to make emergency repairs during the period of maintenance, the permittee
shall immediately deposit the cost of making such emergency repairs
with the Community Development Director. No permit shall be issued
to any person who is in default to the township on any such payment.
[Amended 9-20-2000 by Ord. No. 2000-11]
[Amended 9-20-2000 by Ord. No. 2000-11]
The permittee shall at all times while work
is in progress maintain with the Police Department and Community Development
Director the names and telephone numbers of responsible representatives
of the permittee who may be contacted to correct any hazardous or
emergency condition which may arise at times other than during the
normal working hours. In order to expedite emergency repairs at times
other than the normal working hours, the permittee shall have such
representatives available for immediate duty and shall have stockpiled
at strategic locations sufficient materials suitable for emergency
repairs.
The Township Engineer and his authorized representatives
are hereby designated the enforcement officers to enforce the provisions
of this article and are the agents acting for the governing body of
the Township of Maple Shade in connection herewith. However, this
provision shall not be construed as depriving members of the Police
Department of the power to prosecute violators hereof.