[Ord. No. 53-2014; Ord. No. 30-2017; amended 7-7-2021 by Ord. No. 26-2021]
A.
No person, public utility as defined in N.J.S.A. 48:2-13, or corporate
entity shall, for any purpose whatsoever, make or cause to be made
any street opening or any penetration, excavation or disturbance of
the surface of any portion of any Township-owned street, unaccepted
dedicated street or private undedicated street in which resurfacing,
pavement maintenance or pot hole repair and patching is performed
by the Township, or construct, alter or remove any curb, retaining
wall, driveway connection or drainage facility in or under any Township-owned
street or unaccepted dedicated street, or private undedicated street
in which resurfacing, pavement maintenance or pot hole repair and
patching is performed by the Township, unless he/she first obtains
a street permit from the Township Engineer as hereinafter provided.
[Ord. No. 30-2017]
B.
Road openings; application requirements.
(1)
No road openings will be permitted within any Township roadway for
a period of five years commencing on the date of acceptance of the
road resurfacing by the Township Engineer.
(2)
Notwithstanding the provisions of Subsection B(1), the Township Engineer may approve a road opening during the five-year period for the repair and/or replacement of existing service laterals and/or utility lines or for an emergency as determined by the Township Engineer.
(3)
Whenever such owner, tenant, contractor or public utility desires
to open a Township road for a new connection or opening before the
above-mentioned expiration of time, written application shall be made
by such parties to the Township Engineer for such permission. The
application and letter shall fully address why this opening is necessary,
and the Township Engineer may, as appropriate, grant or deny such
request.
(4)
In all of the above cases, should the applicant receive permission
to open the Township road, the restoration of the trench and Township
roadway surface shall be in accordance with specifications on file
in the office of the Township Engineer. These specifications shall
apply to all parties requesting a permit, including but not limited
to owners, tenants, contractors and the public utilities.
(5)
Note that such permission shall not be limited to public utility
companies but may be granted to any such owner, tenant or contractor
subject to the provisions of this subsection.
[Ord. No. 53-2014; amended 7-7-2021 by Ord. No. 26-2021; 9-15-2021 by Ord. No. 34-2021]
A.
Application for a street opening permit shall be made on the application form available in the Engineering Division and shall be filed with the Township Engineer, together with a permit fee as provided in Chapter 75, Fees, to cover the initial and final inspection of the work to be performed. If approved, the Township Engineer shall issue the Street Opening Permit together with a yellow card containing the following information: lot and block numbers, permit address, permit type, receipt number and date of issuance.
B.
An application
for a Street Opening Permit shall be accompanied by a Certificate
of Insurance by the person or entity performing the work, subject
to the approval of the Township Attorney or his/her designee, evidencing
the following coverage and naming the Township as an additional insured
against claims for damages for personal injury as well as claims for
property damage which may arise out of or from the performance of
the work being performed:
C.
Every Street
Opening Permit shall expire by limitation and become null and void
if the work authorized by such permit has not been commenced within
six (6) months of the date of issuance of the permit, or the work
authorized by such permit has not be completed within one year from
the date of issuance of the permit.
[Ord. No. 53-2014; amended 7-7-2021 by Ord. No. 26-2021]
If a street is to be opened by the applicant he/she shall, prior
to the issuance of the permit, pay $75 per square yard of disturbance
or the sum of $2,500, whichever is greater, as a deposit to guarantee
the proper restoration of the public right-of-way.
A.
The permittee shall display the yellow permit card, issued pursuant to § 180-4, at all times while work is in progress, in a place clearly visible from the street.
B.
The permittee shall guard any obstruction and excavation by the erection
of suitable barriers by day and lights by night.
C.
The permittee shall be liable for any neglect to safeguard the traveling
public.
[Ord. No. 53-2014]
A.
If the excavation is to extend the full width of the roadway, only
one half of it shall be made at one time, and it shall be properly
backfilled before the other half is excavated, so as not to interfere
with traffic.
B.
The excavation and backfilling shall be made within the time specified
in the permit or within any extension thereof given by the Township
Engineer.
C.
All excavation work shall be coordinated to reduce the period of
obstruction to a minimum.
D.
When it becomes necessary to open a street, the opening shall not
be more than 3 feet wide at the top and the sides of the opening shall
be perpendicular to the top and converge toward the bottom so that
the width at the bottom shall be less than the width at the surface
of the pavement. Wider openings may be made only if approved by the
Township Engineer.
E.
Tunneling under the paved portion of the roadway shall not be permitted
under any circumstances. Such tunneling shall constitute an unlawful
exercise of the privilege under any permit and a violation thereof.
F.
The permittee shall use 3/4" quarry processed stone (Q.P.) as the
material for backfill. No more than six inches of material shall be
backfilled at one time. The material shall be moistened and tamped
until thoroughly compacted.
G.
All excavated material shall be removed from the roadway and carted
away.
H.
In no event shall any street remain wholly or partially obstructed
overnight without special permission from the Township Engineer.
Where the landscaping of an abutting property encroaches on
the street right-of-way and the owner of such property desires to
alter the landscaping or to make minor repairs on an existing retaining
wall, no permit shall be required, provided that such alteration or
repair does not adversely affect the street drainage facilities, damage
the curb or pavement, increase the encroachment upon the street right-of-way
or create a traffic hazard.
[Ord. No. 53-2014; amended 7-7-2021 by Ord. No. 26-2021; 9-15-2021 by Ord. No. 34-2021]
A.
A public utility, as defined in N.J.S.A. 48:2-13, shall, in lieu of payment of the deposit required under § 180-5, file a bond with the Township as obligee in the amount of $25,000. The bond shall guarantee payment to the Township of the cost of temporary and permanent restoration of any street excavated or opened by such public utility, to the same condition as it was at the time of such excavation or opening, and the cost of the repair of any defect which may appear within one year of the restoration. The bond shall also provide that said bond shall be a continuing obligation for the full amount for each opening for any street and repair thereto. The bond shall be approved as to form and surety by the Township Attorney or his/her designee and filed with the Township Clerk.
B.
Prior to the placement, replacement or removal of a pole or underground
facility located within the Township, which pole or underground facility
is used for the supplying or distribution of electricity or light,
heat or power or for the furnishing of cable service or telephone
or other telecommunication service, on or below a public right-of-way
within the Township, a public utility shall, in addition to any other
requirements of law, notify the Township Engineer, in writing, at
least 24 hours before undertaking any construction or excavation related
to the placement, replacement or removal of such pole or underground
facility. The public utility shall notify the Township Engineer within
24 hours of completion that the work has been completed.
C.
The public utility shall, within 90 days after completing the placement,
replacement or removal of a pole or underground facility pursuant
to this section, remove from such right-of-way any pole or underground
facility no longer in use, as well as any other debris created from
such placement, replacement or removal, and restore the property,
including, but not limited, to the installation of a hot patch as
needed to restore the property within the right-of-way to its previous
condition, as much as possible.
D.
In the event the public utility does not comply with the requirements of Subsection C above, the public utility shall be subject to a fine in an amount not to exceed $100 for each day it continues to fail to comply with the requirements of Subsection C above, except that if the public utility is unable to complete the installation of a hot patch, due to the unavailability of asphalt material, during the period of time from November 1 through April 30, the public utility shall not be required to complete the hot patch installation until 60 days from April 30.
E.
The Township Engineer shall, at least five business days prior to
the expiration of the ninety-day period, notify the public utility
that the penalties authorized by this section shall begin to be assessed
against the utility after the end of the ninety-day period.
No person shall:
A.
Cause damage to any street by locking the wheels of any vehicle,
attaching a drag or other mechanism to any vehicle.
B.
Use or operate any type of vehicle or equipment utilizing any type
of traction tread or wheel lugs likely to cause damage to the street.
C.
Obstruct the drainage along any street with dirt, fill, earth, rock,
leaves or any other material, equipment or article or by installing
a pipe of inadequate size under a walkway, driveway or along the street.
D.
Obstruct, interfere with or divert the flow of water in or from any
existing drainage facility carrying stormwater or groundwater under
any street or across private property, or the pumping of sumps or
connection of underground drains into the gutterline which, in the
opinion of the Township Engineer, will create an icing hazard to the
roadways.
E.
Do or cause to be done any act, including the construction of buildings,
private roads, grading, landscaping or otherwise, which causes or
results in restricting or exceeding the capacity of any existing drainage
facility or in the accumulation of dirt, silt, earth, rock or other
materials upon any street or drainage facility irrespective of the
manner or distance by which said water, dirt, silt, earth, rock or
other material shall travel before reaching said street or drainage
facility.
F.
Place or store building material, supplies or equipment, construction
shanties or toolsheds, earth, dirt, stones or any other materials
or articles upon any street except while such street is under construction
or repair and in connection therewith, and except in connection with
work being done by any public utility company or corporation, defined
in N.J.S.A. 48:2-13.
G.
Permit brush, hedges or other plant life over 2 1/2 feet in
height to grow within or permit any object to remain within 10 feet
of any roadway and within 25 feet of the intersection of two streets
or roadways (right-of-way lines) where such growth or object obstructs
the view of approaching traffic.
A.
Immediately upon discovery or notification of any violation of the provisions of the preceding § 180-10, the Township Engineer shall issue a written order to the owner or tenant, requiring compliance therewith within 10 days. If such person refuses or neglects to comply with the order of the Township Engineer within the stated time limit, the Township Engineer shall proceed to have the violation corrected by having the required work accomplished.
B.
The Director of Public Works, Township Engineer and/or Supervisor,
the Director of Parks and Recreation and the Superintendent of Parks
and Forestry shall have the authority to issue stop-work notices,
including the removal of offensive equipment and trucks, stored materials
within the street right-of-way, backfilling of open excavations and/or
other related work, in order to abate any nuisance and/or safety hazard,
including, without limitation, such hazards as follows:
(1)
Closing of municipal roads and creating unnecessary and onerous detours.
(2)
Failure to correct, hazardous road conditions.
(3)
Creating traffic problems.
(4)
Failure to secure open excavations, trenches, and/or other depressions.
(5)
Failure to remove stored material, pipe, precast manholes, drainage
castings and related items from the road right-of-way.
(6)
Any condition which in the opinion of the authority specified above
imposes an unduly hazardous condition upon the public.
[Ord. No. 53-2014]
If the work is done by the Township, the cost shall be certified
by the Township Engineer or the Director of Public Works and the Legal
Department shall have a lien placed on the property.
Any person who violates any provision of this article, with resultant damage to or obstruction of any street, curb, sidewalk, gutter, storm drain or culvert, shall be liable for all expenses incurred by the Township in repairing said damage or removing said obstruction, in addition to the penalty prescribed in § 180-14.
