[Adopted 11-10-1971 by Ord. No. 71-11; amended in its entirety 12-10-1997]
Unless specifically exempted, no person shall survey, excavate, dig, test drill, tunnel, construct or reconstruct or otherwise disturb any public street, road, highway, curb, sidewalk, bridge, culvert, utility structure or other public improvement or facility located within, over or under any public right-of-way, easement or publicly owned property in the Township of Alexandria for the purpose of laying, changing, repairing, connecting, constructing or maintaining any water, gas, sewer pipe or any electric, telephone, telegraph pipes or conduits, or for any other purpose whatsoever, without having first obtained a permit from the Township Clerk in accordance with the rules, procedures and specifications hereinafter set forth and without having first paid the required fees or posted bonds as required by this article.
As used in this article, the following terms shall have the meanings provided:
APPLICANT
Any applicant who makes application for a permit.
EMERGENCY
Any unforeseen and unexpected circumstance or occurrence which causes a clear and immediate danger to persons or damage to property and which requires immediate opening or repair.
ENGINEER
The licensed professional engineer duly appointed as Township Engineer or authorized engineer, his or her authorized deputy, representative or inspector.
OPENING
Any excavation, removal, repair, construction, reconstruction, drilling or tunneling within the rights-of-way of accepted or unaccepted roads or easements owned, regulated and within the responsibility of the Township, and including excavation, drilling or cutting through pavement, curbs, gutters, drainage facilities, sidewalks, shoulders, embankments, utility lines or structures. Test holes of small diameter, whether drilled, driven or cut, shall be considered openings, except that one application, one permit and one fee shall apply to a series or group of such test holes.
PERMITTEE
Any applicant who has been issued a permit and is obliged to fulfill all the terms and conditions of this article.
ROAD
A roadway, alley, highway, way, easement or right-of-way, improved or unimproved, over which there is a public right of passage, provided that the same is part of the municipal road system and accepted for municipal maintenance.
TRAVELED WAY
That portion of a road which, when constructed, is intended to accommodate vehicular passage or travel.
UNIMPROVED ROAD
Any road whose traveled way is surfaced with cinders, dirt, gravel or stone without bituminous or cement binder, and any road that may exist within an approved major subdivision but which is not yet accepted for ownership, maintenance or legal jurisdiction by the Township.
In the event of an emergency, where repairs to existing facilities must be made immediately and the person charged with the responsibility for making the repairs would be unduly delayed, or the health, safety or convenience of the public might be adversely affected, in seeking a permit through hereinafter specified channels, then, and in that event, the opening may be made to remove, correct or repair the condition causing the emergency without making prior application for a permit, provided that application for the permit is made as soon as possible. The person having caused the opening to be made shall comply with all the other provisions of this section. In emergency matters and in the absence of the Township Clerk, a permit may be issued by the Mayor or a member of the Township Committee, or by such other Township employee as the Mayor or member of the Township Committee may direct.
Application for permit shall be made on standard forms provided by the Clerk, shall be filled out completely in the number of copies specified on the form and shall be filed with the Clerk, along with the required permit fee and other exhibits that may be required, either under the terms of this article or as outlined on the form. The Township reserves the right to exempt itself from permit requirements.
The applicant shall file, along with the permit form, appropriate engineering drawings, in triplicate, which show the following details:
A. 
Key map, showing schematically the location of the proposed opening relative to surrounding streets or other key landmarks.
B. 
Existing facilities, such as pavement, curbing, sidewalk, driveways, drainage and utilities in the working area.
C. 
Details of proposed opening and work to be done, including excavation, plan, profile and appropriate sections of the opening and construction details.
A. 
Except as provided in § 153-3, relative to New Jersey public utility corporations, the applicant shall obtain and keep in full force and effect during the entire time of the work a policy or policies of insurance, satisfactory to the Township, providing general comprehensive liability insurance coverage with limits of at least $100,000 to one person and $300,000 for each accident for bodily injury (including personal injury, disease or death), and with limits of at least $100,000 for property damage. There shall be annexed to each application a certificate evidencing that such insurance is in full force and effect and shall remain in full force and effect for the entire time of the work. The certificate shall state that the policies evidenced thereby shall not be cancellable without 10 days' notice by the insurance company to the Township.
B. 
Except as provided in § 153-3, relative to New Jersey public utility corporations, the applicant shall obtain and keep in full force and effect during the entire time of the work, worker's compensation insurance on all employees as required by law. There shall be annexed to each application a certificate of insurance evidencing that such insurance is in full force and effect and shall remain so for the entire time of the work. The certificate of insurance shall state that the policies evidenced thereby shall not be cancellable without 10 days' notice to the Township.
The applicant shall file along with the permit form an agreement, in writing, to save the Township harmless from any loss, injury, damage or liability whatsoever resulting in 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.
The applicant shall file along with the permit form an estimate of the cost of the opening and excavation work to be done, including all backfill and replacement work, and an estimate of the starting and completion dates. Cost schedules are subject to review and approval by the Engineer.
A. 
Cash deposit. Unless otherwise provided herein, the applicant shall deposit with the Township Clerk, along with the permit form and prior to the start of construction, the sum of $50 with each application for each opening permit, plus an additional sum of 10% (minimum $500) of the estimated cost of the work as estimated by the applicant's contractor or engineer and approved by the Township Engineer. The moneys so filed shall be used to pay the cost of engineering, inspection, legal services, unrepaired damages or other legitimate costs to the Township assignable directly to the project. Within two months after completion and final release of the permittee, which shall not be granted until expiration of the twenty-four-month maintenance period, all unexpended moneys shall be returned to the applicant, except for the additional amount of $25, which shall be retained by the Township in its final application fee. In extenuating circumstances, the Township Committee may waive the fee and only require payment for services.
B. 
Surety bond. In lieu of the cash deposit, the applicant may submit a surety bond of like amount. The bond shall provide for compliance with all provisions of this article by the applicant and for payment by the applicant of any and all damages sustained by any persons or property as a result, directly or indirectly, of the work performed under the permit. The bond shall be issued by a bonding or surety company and shall be subject to approval as to form, sufficiency and execution by the Township Attorney. The bond shall remain in effect and shall not be released until the costs and final fee calculated under Subsection A above have been paid by the permittee to the Township and until the issuance of the final release.
C. 
Upon the failure of the permittee to comply with any of the requirements of this article, the Township may perform or cause to be performed such work as is necessary to secure compliance and the permittee and any surety shall be liable for the cost thereof. The cost of any work which the Township performs or causes to be performed pursuant to this subsection, and any damages of the sort as to which a surety bond may be given, may be satisfied in whole or in part out of the required cash deposit or surety bond.
D. 
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit or surety bond, file a corporate bond on a yearly basis in an amount of $10,000. Such corporation bond shall cover all construction operations of the public utility corporation within the Township, thereby excepting the utility from the necessity of filing cash or surety bonds for individual opening projects. However, public utility corporations operating under the terms and protection of a corporation bond shall still be required to make application for each opening permit, to file the minimum fee, as provided in § 153-9A above, and to pay all costs to the Township as calculated under this subsection.
If all required exhibits and fees have been received to the satisfaction of the Clerk, he or she shall issue the opening permit, which shall be in a form approved by the Township. The permit shall contain the following information:
A. 
A listing of the supporting documents, plans, specifications, etc., that are the basis for the permit.
B. 
A brief description of the location of the proposed opening and the work contemplated.
C. 
A termination date.
D. 
The method of calculation and amount of fees paid.
E. 
Any special conditions the Township deems necessary to impose in special cases.
A. 
An opening permit may be renewed for a period of time not to exceed the total time of the original permit, upon request of the permittee and upon payment of an additional fee as provided from time to time by the Township Committee.
B. 
Opening permits issued under the provisions of this section are not transferable.
Permits issued under the provisions of this section shall expire at 12:00 midnight of the day indicated on the permit or the day of expiration of any extension to the permit. Permits may be revoked at any time it is found by the Township Committee that the permittee has failed to comply with the provisions of this section or the permit, and after 24 hours' written notice has been given to the permittee without correction of the failure to comply. If it becomes necessary after permit revocation for the Township to either complete the work or to refill and repair the opening, the cost of such work by the Township shall be deducted from any deposit fees that may have been paid by the permittee; or if a surety or corporation bond has been given, then the bond shall be declared to be in default to the extent of the unpaid costs. Reinstatement of revoked permits shall occur only after favorable recommendation of the Engineer and on a majority affirmative vote of the Township Committee.
Except for emergencies, at least 24 hours before the permittee plans to commence work under an opening permit, he or she shall advise official of the Township as may be designated by the Township Committee that the work is to start.
The work shall be done in an efficient and workmanlike manner and in accordance with the plans and specifications, using proper tools, machinery, materials and manpower to effect a quality and expeditious job. Failure to perform in a manner satisfactory to the Engineer may result in revocation of the permit. Except under emergency conditions, the opening work shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., except Sundays and holidays (New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day), when no opening work shall be permitted.
The permittee shall have a qualified supervisor at the site of the opening work during all working hours.
The Engineer, or his or her authorized representatives, shall be given access to the construction site during progress of the work in order to observe and inspect the work. All materials, including excavated materials, shall be subject to inspection and approval by such Township officials. Where the planned opening will be made through, adjacent to or near an existing public utility facility, the permittee shall notify the utility company, whose representatives shall be given access to the construction to observe and inspect that portion of the work involving the utility facility.
The existing pavement, blacktop or concrete shall be cut in a straight line or lines prior to any subsurface excavation, which shall be confined to the area between the cuts. If pavement, curbing, sidewalk or other surface construction becomes damaged, ragged or zigzagged when it is time to repave or replace the facility, then the edges shall be cut or recut in a straight line or lines to the satisfaction of the Engineer, parallel in general with the lines of the excavated trenches and in a width sufficient to accommodate the entire excavation and create a smooth finished appearance when the construction is complete. When cutting through reinforced concrete pavement, the saw cutting shall be done in such a way as to permit the exposing of existing reinforcement which is not to be cut, but is to be exposed, retained and allowed to project into the excavation at least 18 inches. These exposed bars shall later be reformed to tie into the patched concrete. No trees or shrubs may be removed without permission, and any damaged trees or shrubs shall be replaced.
A. 
After the required work or construction has been completed in the open excavation, backfilling shall be done using excavated material, if acceptable to the Engineer, or if excavated material is unacceptable, using imported clean shale, bank run gravel, quarry blend stone or other acceptable material. In placing backfill, the permittee or his or her contractor shall use a mechanical or vibrating tamping device or machine placing fill in six-inch to ten-inch compacted lifts as directed by the Engineer.
B. 
On unimproved roads and shoulders, the backfill shall be brought up to within seven inches (after compaction) of the existing surface grade. There shall then be placed five inches of two-and-one-half-inch crushed stone ballast, which shall be bound on top only with Grade B screenings, or bank run gravel, quarry blend stone or slag and thoroughly compacted. The remaining two inches shall be three-fourths-inch crushed stone, quarry blended with sufficient lines to make a tight, stable surface.
C. 
On improved roads (bituminous pavement), the backfill shall be brought up to a level relative to the original pavement where a proper base and bituminous pavement can be constructed in accordance with the applicable road construction ordinances of the Township, the requirements of which shall be considered minimum for repaving over bituminous paved street openings.
D. 
On improved roads (portland cement concrete pavement), the backfill shall be brought up to a level relative to the original pavement where a proper and complete concrete surface pavement can be reconstructed at least to the total thickness of the original pavement, and provided further that a minimum of eight inches of concrete pavement is reconstructed. Reinforcement, using No. 3 longitudinal reinforcement bars spaced six inches center-to-center, shall be set in the new concrete, overlapping with the old exposed bars and of the same approximate vertical positioning. End surfaces of existing concrete pavement shall be thoroughly cleaned, soaked with water and cooled with a brush coat of neat cement prior to placing new concrete in contact with them. Concrete shall be Class B conforming to the requirements specified therefor in Article 4.1.2 of the Standard Specifications (1961) of the New Jersey Department of Transportation.
Where shoulders are unimproved, backfilling and surface repairs shall be as specified for unimproved roads, § 153-18B. Where shoulders are of bituminous pavement, the provisions of § 153-18C shall apply. Where shoulders are of portland cement concrete, the provisions of § 153-18D shall apply.
Where the opening involves cutting through existing curbs, gutters, sidewalks, driveways and any other surface structures, the permittee or his or her contractor shall rebuild or replace such surface structures as closely as possible duplicating the original as to dimensions, grade, appearance and materials. Curbs and gutters shall be reconstructed of State Highway Class B concrete; sidewalks, concrete aprons and other miscellaneous structures shall be reconstructed of State Highway Class C concrete or superior. During such work the permittee or his or her contractor shall provide temporary paving or surface so as to minimize impeding both vehicular and pedestrian traffic.
Any existing subsurface pipes, utility lines, drains, foundations, abutments, inlets or other structures such as survey markers or monuments that may be disturbed, damaged or removed during the necessary opening work shall be replaced, rebraced, reconstructed or repaired under the direction of the Engineer and, if applicable, the appropriate officials of the utility company whose facility may be involved. Such replacement, reconstruction or repair shall be made using materials, methods and standards of workmanship at least equal to those of the existing feature, or in the case of a public utility facility, to the standards imposed by the utility. Caution and care shall be exercised by the permittee so as not to disturb such existing structures or facilities exposed by the opening, and no blasting shall be done in these areas.
If and when the Township adopts other ordinances detailing standards or specification for the construction of any structures or facilities covered above, then such provisions shall govern the standards to be applied for openings or excavations under this article.
Pending the actual repaving or reconstruction operations stated above, the permittee or his or her contractor shall provide a temporary pavement or surface over the compacted refilled opening of such material as is directed by the Engineer. The contractor shall maintain, refill and temporarily repave the surface from time to time as required until a permanent pavement has been constructed to provide properly graded traveling surface. Where a bituminous concrete temporary pavement is indicated and warranted as determined by the Engineer, such temporary pavement shall be constructed two inches thick of type SM bituminous concrete or equivalent material approved by the Engineer.
A. 
In cases where it becomes necessary to resort to tunneling operations to accomplish the opening work in the most practical way, then the backfill in such tunnel shall be rammed soil composed of a mixture by volume of one part cement to six parts of aggregate material such as sand or three-quarter-inch quarry blendstone. Tunneling shall be permitted only with the approval of the Engineer and when the need for tunneling is indicated on the application for permit.
B. 
Jacking or drilling shall not be considered tunneling. Jacking and drilling shall be permitted when the need is indicated on the application for a permit and when other existing structures or utilities will not be disturbed or damaged thereby.
No blasting shall be allowed unless approved by the Engineer. Blasting work shall be done only by an experienced and, where required, licensed dynamiter, and only after all required safety precautions have been taken and other necessary permits or additional insurance coverage, if any, as the Mayor and Township Committee requires.
The permittee or his or her contractor shall remove all surplus or unusable fill, debris and other materials from the job site at his or her own expense. The area shall be left cleaned up at the end of the work to the satisfaction of the Engineer or Street Superintendent. Machinery, vehicles and tools of the contractor shall be promptly removed from the job site when the work is completed.
A. 
Safety precautions. The permittee and his or her contractor shall keep all openings, excavated materials and other machinery, tools or materials properly guarded and shall place and maintain barricades, temporary fencing, guards or other appropriate warning devices at all times during the progress of the work. Adequate flashing warning lights shall be operated at the opening site to warn the public from one hour before sunset until one hour after sunrise unless the Township deems it necessary that it be closed because of any circumstance. The permittee and his or her contractor shall at all times comply with all state safety regulations outlined in the Construction Safety Code of the Department of Labor and Industry, Bureau of Engineering and Safety, State of New Jersey, effective November 15, 1963.
B. 
Cleanliness. If dust, dirt, air pollution, poor housekeeping or detrimental material are allowed to exist, occur or continue as a result of the work, to the point where a public nuisance occurs, in the opinion of the Township Committee or the Engineer, the Engineer may stop the work until the situation complained of is eliminated. Streets shall be kept broom-cleaned on a daily basis. If dust persists, streets may be required to be hosed clean. The Engineer may direct the permittee or his or her contractor to spread dust-inhibiting chemicals.
C. 
Maintenance of traffic. At all times during the course of construction, at least 1/2 of the traveled way shall be kept open for public vehicular and pedestrian travel, unless the permittee or his or her contractor provides and marks to the satisfaction of the designated official a suitable detour. The permittee shall at all times make provision for local residents to have access to their properties and shall maintain the roadway and adjacent areas free from needless obstruction. During all working hours that single-line traffic is necessary, the permittee shall provide a flagman. No length of street, road, shoulder or embankment shall be left open at any one time in excess of 500 lineal feet. No street may be completely closed to traffic unless authorization is obtained.
D. 
Protection of private property. Prior to starting work on the opening, it shall be the responsibility of the permittee to advise each nearby or adjacent property owner whose property will be temporarily inconvenienced or disturbed or whose access or use of his or her property or the road facilities, utilities or other features will be affected by the opening work, either directly or indirectly, when the work will be done and, as far as possible, the effect it will have in the owner's free use of his or her property. The permittee shall be solely responsible for any damage, inconvenience or disruption to nearby or adjacent properties and shall save the Township harmless for any neglect, real or alleged, that may arise from the conduct of the work. It shall be the permittee's obligation and responsibility to arrange for permission to go upon private property as needed. The permittee shall not store tools, machinery, materials, dirt or debris on private property, nor use water, electricity, telephone or other private facilities without first obtaining permission from the property owner.
E. 
Maintenance of newly constructed surface facilities. The permittee shall assume the responsibility of refilling the excavation, as it may sink, consolidate or break out from time to time, whether the repair is temporary or permanent, and keeping the surface level and smoothly blended with the surrounding undisturbed pavement. After permanent repavement and approval by the Township, the permittee shall be responsible for maintaining the opening for 24 months and for refilling, compacting, repaving, repairing damage and restoring turf or shrubbery, all as directed by the Engineer when necessary; and in the case of undue trench settlement, he or she may be required to reopen the trench or excavation to ascertain the cause of undue settlement and to remedy the fault, all as required by the Engineer.
All openings made and restored under the terms of this section and any permits issued shall be subject to final release and acceptance, in writing, by the Engineer. No deposit money shall be returned or bond released until the expiration of the twenty-four-month period specified in § 153-27E, unless the Township Committee for good cause shown decides otherwise.
A. 
The provisions of this section shall not apply to public utility companies operating under special ordinances, franchises or statutes, wherein the utilities make openings under previously established rules, agreements or provisions, and also shall not apply to any person making openings or doing construction, repair or reconstruction work as defined herein on Township roads, public improvements, public property, easements or facilities, under or in pursuance of a contract entered into between such person and the Township, insofar as this section applies to fees, bonds or other deposits required or to applications for permits, as covered by §§ 153-1 through 153-12. Sections 153-2 and 153-14 through 153-22 shall apply to such work done under contract provisions for work involving openings. The provisions of this section also shall not apply to work being done on openings in the Township by working forces of the Township.
B. 
The provisions of this section shall not apply to opening work involved within the rights-of-way of roads or easements owned, regulated and within the responsibility of the County of Hunterdon or the State of New Jersey, or their various departments, bureaus or agencies.
C. 
The provisions of this section shall not apply to the installation, erection, replacement or maintenance of wood utility poles for electric distribution, telephone or telegraph installations, nor to such other appurtenances as stubpoles, anchors, guys or ground lines incidental to these poles, where such poles and appurtenances belong to any of the franchised public utility companies operating within the Township.
The provisions of this section shall apply to openings involved within newly developed major subdivisions in the Township whenever it is intended that the Township shall accept the roads, easements or utility facilities within the Township street system, or for Township maintenance and responsibility, except that whenever the subdivision construction work, including proposed openings, is covered under a surety or performance bond arrangement, or a cash deposit, as a condition imposed for subdivision approval, then no additional deposit arrangement or permit procedures shall be required under this section.
At the conclusion of the work, the permittee shall file with the Township Clerk three sets of as-built plans or drawings showing dimensionally all subsurface facilities as finally located and installed, and also showing changes, if any, made to surface features. Revisions made to old plans previously filed by the permittee shall be annotated and dated only for new opening revisions.
Any violation of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I. Each day that the violation continues to exist shall constitute a separate offense.