[HISTORY: Adopted by the Township Council of the Township
of North Brunswick 5-7-2018 by Ord. No. 18-04.[1] Amendments noted where applicable.
[1]
Editor's Note: This ordinance also repealed former Ch. 297,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.
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
The applicant assumes the responsibility of maintaining the trench
as it may settle periodically and keeping it level with the elevation
of the pavement.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
