[Adopted 10-4-1965 (Ch. 97 of the 1977 Code)]
For the purpose of this article, the term "person" shall mean and include the singular and plural and shall mean and include any firm, partnership, corporation or association.
[Amended 12-15-1983 by Ord. No. 1983-54]
No person, other than duly authorized servants or agents employed or engaged by the Borough of South River for the purpose, shall dig up or make any excavation or opening in or upon any Borough-owned street or right-of-way or portion thereof in the Borough of South River for the purpose of installing, making, altering, replacing or repairing any water, gas, sanitary sewer, storm sewer, electric, telephone or other underground utility therein or for any other purpose whatsoever without first obtaining a written permit therefor.
[Amended 12-15-1983 by Ord. No. 1983-54]
A. 
Applications for such permits shall be made to the Borough Clerk and shall include a detailed location plan and construction drawings when applicable. The application shall describe the location of the intended excavation or tunnel, the size thereof, the purpose thereof and the person, firm or corporation doing the actual excavation work and the name of the person, firm or corporation for whom or which the work is being done and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
B. 
An application shall be required for all emergency repairs. Should the repairs be required to protect the public safety, health and welfare, they shall be performed immediately with an application filed with the Borough Clerk within 24 hours or the next business day, whichever is sooner.
A. 
Fee schedule. The fee schedule is found in Chapter 155, Fees.
[Amended 2-25-1982 by Ord. No. 1982-4; 12-15-1983 by Ord. No. 1983-54; 12-9-2002 by Ord. No. 2002-42]
B. 
Each applicant shall maintain the project specified in the permit for a period of two years after the completion of repaving, and the deposit posted hereunder shall be held by the Borough for said term to ensure proper installation and maintenance.
C. 
In lieu of the foregoing deposit set forth in Subsection A(1) and (2), any responsible applicant for such permit may file with the Borough Clerk a bond, renewable annually, in an amount to be determined by the Borough Engineer, said bond to be conditioned upon the filling and paving of all street openings and the restoring of them to their original level and condition within 15 days after completion of the projects specified in the permit, and, further, upon the proper maintenance of said project for two years after completion and repaving.
A. 
It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground, and protection of workers shall be in accordance with the regulations of the New Jersey Department of Labor and Industry and the Occupational Safety and Health Administration; and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.
[Amended 12-15-1983 by Ord. No. 1983-54]
B. 
No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the Borough department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel, before such pipes, cables or conduits shall be disturbed.
C. 
No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.[1]
[1]
Editor's Note: See Ch. 319, Tree Removal and Woodlands Management.
D. 
Safety.
[Added 12-15-1983 by Ord. No. 1983-54]
(1) 
The person performing an excavation within the Borough street or right-of-way shall continuously protect pedestrian and vehicle traffic during the course of the work under which the permit has been granted. Reflective barrels, blinking lights, warning signs, flagmen, uniformed traffic officers and all other manpower and equipment as required or directed by the Borough Police Department, Engineer, Road Superintendent or other Borough official shall be provided.
(2) 
The work area shall be continuously passable by all emergency vehicles during all phases of the work.
(3) 
In the event that the work requires the detour of the vehicular traffic, the person in possession of the permit shall submit a detour plan for review and approval by the Borough Police Department prior to the implementation of the work.
If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided, which shall be safe for travel and convenient for users.
A. 
Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or other public place in the Borough shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.
B. 
Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant in compliance with the following schedule of pavement restoration and with the ordinances of the Borough and under the supervision of the Superintendent of Streets and Roads or the lead person of said Department, whoever shall be designated or available:
[Amended 12-17-1980 by Ord. No. 1980-49; 12-15-1983 by Ord. No. 1983-54]
(1) 
Bituminous concrete.
(a) 
The edges of the excavated roadway shall be neatly trimmed to a clean vertical edge. Bituminous-concrete stabilized base complying with the requirements of New Jersey Department of Transportation Standard Specifications, latest revision, shall be placed to a minimum compacted thickness of six inches on top of the specified backfill material. The stabilized base shall be placed in two lifts, minimum, and compacted to its optimum density.
(b) 
The top course of bituminous concrete shall be FABC-1 as specified in the New Jersey Department of Transportation Standard Specifications, latest revision. The FABC-1 shall be placed in a minimum compacted thickness of 1 1/2 inches and compacted to its optimum density.
(c) 
The vertical edge shall be tack-coated with asphaltic oil, Grade RC-D, or emulsified asphalt, Grade RS-1, as specified in the New Jersey Department of Transportation Standard Specifications, latest revision.
(2) 
Portland cement concrete roadway.
(a) 
The edges of the excavated roadway shall be neatly trimmed to a clean vertical edge. Welded-steel-wire fabric, six by six inches, No. 6 gauge minimum, shall be placed in the excavation on top of the specified backfill material and tied to the existing roadway reinforcement exposed at the excavation vertical.
(b) 
The portland cement concrete shall be air-entrained, 4,000 pounds per square inch, twenty-eight-day strength minimum, poured to a minimum depth of nine inches. The concrete shall be floated and finished with a stiff broom.
(3) 
Temporary pavement.
(a) 
When the roadway excavation restoration is to be performed during seasonal periods which are not conducive to the placement of bituminous concrete or portland cement concrete, the applicant shall provide temporary pavement restoration on top of the specified backfill material until such time as suitable climatic conditions exist to effect the permanent restoration.
(b) 
The temporary pavement shall consist of the placement of a minimal compacted thickness of four inches of cold-mix bituminous concrete Type HA or HT, in accordance with New Jersey Department of Transportation Standard Specifications, latest revision.
(c) 
It shall be the applicant's responsibility to continuously maintain this temporary pavement as directed by the Borough representatives.
(d) 
Prior to effectuating the permanent repairs, the temporary pavement shall be completely removed, and the disturbed backfill material recompacted.
(4) 
Bituminous concrete overlaid portland cement concrete roadway. When excavations are made in bituminous concrete overlaid portland cement concrete roadways, the requirements for replacement shall be in accordance with the specifications for portland cement concrete roadways, with a top course of bituminous concrete of the same thickness as the existing overlay complying with the specifications for same.
C. 
Backfilling.
[Amended 12-17-1980 by Ord. No. 1980-49; 12-15-1983 by Ord. No. 1983-54]
(1) 
The backfilling of any excavation shall be done with Type 1, Class C, soil aggregate in accordance with New Jersey Department of Transportation Standard Specifications, latest revision, for bank-run sand and gravel. The backfill shall be placed in lifts which can be compacted to a standard proctor density of 95%.
(2) 
The backfill material and method of compaction shall be subject to the approval of the Superintendent of Streets and Roads. Under no circumstances shall wet or frozen material be used as backfill. Backfill containing organic material, brick, rock, tile or demolition rubble is also unacceptable as backfill.
In the event the applicant does not restore the ground and lay the pavement in the manner and within the time provided for herein, then the Borough shall properly restore said ground and lay said pavement, charging the expense thereof to the deposit, if any, posted by the applicant. The deposit or balance thereof after proper compliance with this article shall be returned to the applicant without interest.
Any person who shall make an excavation or opening in or upon any street for any of the purposes aforesaid shall maintain sufficient and appropriate guards, barriers and signals and otherwise exercise such reasonable precaution in the area as may be necessary to avoid damage to property and injury to persons.
The Borough of South River shall not be liable for damages for any personal injuries or damage to property sustained as the result of any excavation or opening in any street made by any person by virtue of the provisions of this article.
[Amended 2-9-1977 by Ord. No. 1977-6]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty, in the discretion of the court.