[HISTORY: Adopted by the Township Council of the Township of North Brunswick 5-7-2018 by Ord. No. 18-04. Amendments noted where applicable.
Editor's Note: This ordinance also repealed former Ch. 297, Street Excavations, adopted 8-21-1967, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes applicant's agents, servants, representatives and any contractors employed by it.
- IMPROVED ROAD
- Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete under the jurisdiction of the Township of North Brunswick.
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 Department of Community Development. 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.
Any person, persons or corporation desiring such permit shall secure from, and file with, the Department of Community Development a signed road opening permit application on forms provided by the Department. The application shall require the execution of a hold harmless agreement 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 § 297-13, 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:
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. The permit holder shall conform to the requirements in the current Manual on Uniform Traffic Control Devices, Part VI, when required by the Township to provide barricades and/or signs.
At all times during the course of construction, 1/2 of the street or road shall be open for public travel.
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 Director of Community Development or the Township Engineer, or his designee, caused by the actions of any of said parties, the Director of Community Development or the Township Engineer, or his designee, may stop the work until the issue is satisfactorily addressed. Streets and paved surfaces must be kept broom-clean. If dust persists, the Director of Community Development, or his designee, has the right to mandate the use of a street sweeper.
No blasting shall be allowed unless permitted by the Director of Community Development or his designee. 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 Director of Community Development, the Township Engineer, or his designee. Such pipe shall be protected or temporarily supported as directed by the Director of Community Development or his designee. 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 as directed pursuant to current construction practices.
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 Director of Community Development, the Township Engineer, or his designee. 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 Director of Community Development or the Township Engineer, or his designee, may direct to achieve acceptable compaction as required.
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 areas to a satisfactory condition.
Where the street is paved, the pavement surface shall be placed upon backfill as required by § 297-8A 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 Director of Community Development or the Township Engineer, or his designee.
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 Director of Community Development, or the Township Engineer, or his designee, 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 Director of Community Development, or his designee, to ensure that no loose stones, mud or dirt may impede the flow of traffic. The Director of Community Development, the Township Engineer, or his designee may at any time require any irregularity in the surface to be immediately repaired.
The applicant assumes the responsibility of maintaining the trench as it may settle periodically and keeping it level with the elevation of the pavement.
After repavement, the applicant shall be under the duty of maintaining the trench for a period of 12 calendar months and assume the responsibility of maintaining the trench as it may settle, as directed by the Director of Community Development or the Township Engineer, or his designee, 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 Director of Community Development or his designee.
Upon the failure of the applicant to comply with any of these requirements, the Township may perform the necessary repairs and charge the same to the applicant, including, but not limited to, utilizing the cash bond provided for the opening.
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 debris shall be disposed of properly by the applicant.
The applicant shall deposit with the Department of Community Development the sum of $15 per square foot with each application for each opening on a hard surface FABC or concrete road, to be made in the road pavement.
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 Department of Community Development.
The applicant may, in lieu of a cash deposit, submit a surety bond, which upon approval of the Director of Community Development, or his designee, 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 Director of Community Development or his designee. No deposit money shall be returned nor bond released until 18 months after the completion of the project and its acceptance by the Director of Community Development, or his designee, and then only upon the above written certification by the Director of Community Development, or his designee, that the said work has remained in a satisfactory condition for the said 18 months.
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.