[HISTORY: Adopted by the Township Committee (now Mayor and Council) of the Township of North Brunswick 8-21-1967. Section 297-19 amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
No person, persons or corporation shall do any excavating or disturb any street or road surface, shoulder or bank areas in the Township of North Brunswick for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe or any electric, telephone or telegraph pipes or conduits, or for any other purpose whatever, without first having obtained a permit from the Clerk of the Township of North Brunswick. In the event of an emergency where repairs must be made immediately and the person, persons or corporation charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then and in that event the excavation may be made for the purpose of stopping a leak or interruption in service of the utility. As soon as the leak or interruption in service has been repaired and an emergency no longer exists, the person, persons or corporation having made the excavation shall forthwith apply for a permit and comply with all other provisions of this chapter. In emergency matters and in the absence of the Clerk, a permit may be issued by the Mayor or a member of the Council.
Any person, persons or corporation desiring such permit shall file with the Township Clerk, or other designated official in the event of emergency, a signed application containing the following information:
The name and address of the applicant.
The purpose for which the opening is to be made.
A clear description of the location of the proposed opening.
Three complete copies of the plans and specifications showing the work contemplated to be done and indicating clearly the section of pavement, shoulder or bank which the applicant desires to open. Three complete as-built plans shall be filed if any changes are made from the original plans.
The length, width and depth of the proposed opening.
The outside diameter of all proposed manholes.
The distance of the proposed opening from the nearest curb or ditch line, or edge of pavement where road is paved, so that some suitable tie-in for later location purposes is shown.
Whenever any of the above requirements cannot be stated with exactness, the words "Subject to Engineer's consent during construction" shall be used for the information given.
The estimated date of commencement and the estimated date of completion of the proposed work. These estimates can be based on past experience in doing similar work. In the event of unforeseen circumstances beyond the control of the applicant, the applicant may apply for an extension of the completion date.
The approximate cost of backfilling, tamping and repaving work in all cases where a bond is to be furnished.
An agreement in writing to save the Township of North Brunswick harmless from any loss, injury or damage whatsoever resulting from the course of construction, whether directly or indirectly connected with the work, or from any negligence or fault of the applicant, its agents, servants, representatives or contractors in connection with the performance of the work covered by the plans.
Except as provided in § 297-16 relative to New Jersey public utility corporations, the applicant shall, as a part of each application, annex thereto a certificate by its liability insurance carrier acceptable to the township, showing that he, they or it has liability insurance during the period required for the proposed improvement in the following minimum amounts:
For the purposes of this chapter, the terms used herein are defined as follows:
- Includes applicant's agents, servants, representatives and any contractors employed by it.
- ENGINEER or TOWNSHIP ENGINEER
- The person or persons employed by the township to supervise and inspect the progress of the work.
The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon of adequate nature to warn the public from one hour before sunset to one hour after sunrise. No greater portion of the street, road, shoulder or bank shall be left open at any one time in excess of 25 feet.
At all times during the course of construction, one-half (1/2) of the street or road shall be open for public travel.
The applicant shall pay to the township the amount charged by the Engineer or his representative for inspection and supervision of the work and shall at all times comply with the requirements of said Engineer or Inspector. The rate charged by the Township Engineer for professionally supervised inspection is $6 per hour, with 1/2 day the minimum charge for each inspection. The rate charged by the Township Engineer to settle disputes or make rulings is $10 per hour. This charge shall be unnecessary if the contractor complies with the provisions of this chapter.
All work performed must be done within the time specified by the Engineer or the Inspector. If the applicant does not comply with this requirement, or if, in the judgment of the Engineer, it keeps open and unrepaired any portion of the work for an unreasonable length of time, the street, road, shoulder or bank may be refilled and repaired by the township at the expense of the applicant upon 10 days' notice having been given to the applicant.
If dust, dirt or other detrimental material continues to arise as a result of the work or neglect of the applicant, its agents, contractors or representatives, or if a nuisance is, in the opinion of the Engineer, caused by the actions of any of said parties, the Engineer may stop the work until the situation complained of is eliminated. The Engineer may direct that suitable amounts of calcium chloride or other dust-settling material be used as may be required. Streets and paved surfaces must be kept broom-clean. If dust persists, streets may be required to be hosed clean.
No blasting shall be allowed unless permitted by the Township Engineer. Work shall be so conducted as not to interfere with the existing utilities, water mains, sewer lines, gas pipes or electrical conduits or the service connections thereof, and in case of injury to any such utility, it shall be the duty of the applicant, at its own expense, to properly repair or replace the same. The applicant shall not at any time come closer than three feet to any trunk line water pipe without the permission of the Engineer or Superintendent of the Water Department. Such pipe shall be protected or temporarily supported as directed by the Engineer. Wherever the construction work passes under a service line of water, sewer lines, gas pipes, electrical conduits or the service connections thereof, the applicant shall, where the Engineer shall deem necessary, cause the same to be temporarily supported by a brace extended six inches or more into the solid earth on each side of the trench and extending the full width of the roof. The brace so used shall be of such material and placed as directed by the Engineer and may be removed when backfill has been satisfactorily placed on each side of the brace. No excavation shall be made which, in the opinion of a competent nurseryman, will damage shade trees.
In placing backfill, the applicant or his contractor shall use a mechanical or vibrating tamping machine. Six inches to 12 inches of backfill shall be tamped as directed by the Engineer. Whenever the Engineer considers the excavated material unsuitable for backfill, the applicant shall backfill the trench with sand or bank-run gravel or such other material as the Engineer may direct, acceptably compressed as directed.
On unimproved roads and shoulders, the backfill shall be brought up to within seven inches of the existing surface grade. There shall then be placed six inches of two-and-one-half-inch crushed stone ballast, which shall be bound up with Grade B screenings and thoroughly compacted. The top one inch shall be three-fourths-inch crushed stone, quarry-blended with sufficient fines to make a tight, stable surface.
On banks and slopes of improved or unimproved township roads or grass sidewalk areas, the topsoil shall be saved and carefully replaced after the trench has been tamped properly and settled completely. The topsoil shall be replaced after final settlement, shall be raked evenly and shall have rye grass seed sown thereon or other means satisfactory to prevent erosion of slopes and banks. The applicant or his contractor shall bring in sod in order to restore slopes, banks or sidewalk area to a satisfactory condition.
Where the street is paved, the pavement surface shall be placed upon backfill as required by § 297-10A up to within 12 inches of the existing surface grade, and shall be one of the following types: concrete; concrete with FABC surface course; or six-inch Type 5 Class A soil aggregate, four inches of stabilized base (Mix No. 1) and two inches of FABC surface course (Mix No. 5). All work shall be done under the state highway specifications or equivalent approved by the Township Engineer.
The existing blacktop pavement shall be saw cut in a straight line prior to any excavation being made. Excavation shall only be allowed between the cuts so made. If the edge of the excavation is ragged or zigzag when it comes time to repave the street or shoulder, then the street pavement shall be cut out in a straight line as directed by the Township Engineer, parallel to the line of the excavated trench in a width sufficient to straighten out any rough edges, and the entire area shall then be repaved.
Pending the actual repaving operation stated above, the contractor shall use a temporary fill over the trench of such material as may be directed by the Engineer to the end that no loose stones, mud or dirt may impede the flow of traffic. The Engineer may at any time require any irregularity in the surface to be immediately taken care of.
The applicant assumes the responsibility of refilling the trench as it may sink from time to time and keeping it level with the balance of the pavement.
After repavement, the applicant shall be under the duty of maintaining the trench for a period of 18 calendar months and assume the responsibility of refilling the trench as it may sink, as directed by the Engineer, and in case of undue settlement, may be required to open the trench to ascertain the cause of the undue settlement and to remedy the same as required by the Engineer.
In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed soil composed of a mixture by volume of one part cement to six parts of coarse aggregate material such as sand or bank-run gravel.
Surplus material such as broken-up concrete or excavated material shall be disposed of by the applicant by placing the same at any point within the township specified by the Engineer or within one mile of the project, and it shall be the duty of the applicant to dump and grade, if necessary, the said material as directed by the Engineer. If the township does not require the material within one mile of the project, the applicant must dispose of it in a satisfactory location.
[Amended 8-4-1975; 3-2-1992]
The applicant shall deposit with the Clerk of the township the sum of $12 per square foot with each application for each opening on a hard surface FABC or concrete road, or $8 per square foot for non-hard-surfaced roads, to be made in the road pavement, shoulder or bank.
All applications for street opening permits shall be accompanied by a nonrefundable application fee of $75 per each opening, which fee shall be paid to the Township Clerk. In the event that an applicant claims exemption from a deposit and/or fee set forth herein, the applicant may make application for an exemption on a form to be designated by the Township Clerk.
For house connections, the deposit shall be as set forth in § 297-14 for each opening regardless of the type of pavement or the length of the ditch.
The applicant may, in lieu of a cash deposit, submit a surety bond, which upon approval of the Mayor and Council, shall have the same force and effect as a cash bond. Said bond shall by its terms provide for payment of any damages by or from the acts of the applicant, its agents, servants or subcontractors and save the Township of North Brunswick harmless from any suits at law or otherwise which may result from damages sustained by any persons or property as a result directly or indirectly of the work performed under the permit. Public utility corporations of the State of New Jersey may file a corporate bond on a yearly basis in an amount of $5,000 in lieu of cash or construction bonds.
All street or road surfaces so restored shall be subject to final release and acceptance in writing by the Township Engineer. No deposit money shall be returned nor bond released until 18 months after the completion of the project and its acceptance by the Township Engineer, and then only upon the above written certification by the Township Engineer that the said work has remained in a satisfactory condition for the said 18 months.
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water or steam to or from the township or to or from its inhabitants, or for any other purpose, shall file with the Engineer within two years after the adoption of this chapter accurate information showing the location, size and description of all such installations.
Within 30 days after the first day of January of each and every year, such person shall file with the Engineer additional information showing installations, including all those made or abandoned during the previous year; provided, however, if no additions have been made to its installation during the previous year, a utility or authority may file with the Engineer a written statement to that effect within the period of time specified above. A utility or authority may at its own option elect to provide additional information throughout the year as it is available rather than proceed as above noted.
[Amended 9-6-1977; 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.