Township of Bridgewater, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Bridgewater 4-6-1959 by Ord. No. 59-2. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 94.

§ 89-1 Definitions.

The following terms shall, for the purposes of this chapter, have the meanings herein indicated:
PERMITTEE
The person, firm or corporation obtaining a permit or his or its duly authorized representative.
STREET
Any street, road or other public right-of-way dedicated to and accepted by the Township of Bridgewater and shall include all of the area thereof lying within the bounds of the dedicated right-of-way.
[Added 1-4-1993 by Ord. No. 93-2]
TOWNSHIP ENGINEER or ENGINEER
The Township Engineer of the Township of Bridgewater or his duly authorized representative.

§ 89-2 Permit required.

A. 
No person, firm or corporation shall make any excavation in or break up or displace the surface of any street, highway or other public place within the Township of Bridgewater (excepting county and state roads), unless for the purpose of constructing or repairing a sidewalk, repairing an existing curb, constructing a driveway or laying a house leader drain to the curb, except with a written permit from the Township Engineer as hereinafter provided.
B. 
Such permit shall be valid for 30 days unless an extension of time has been requested by the permittee and granted by the Township Engineer in writing.

§ 89-3 Application for permit.

Application for a permit shall be made at the office of the Township Engineer by the applicant or his authorized agent.

§ 89-4 Fees.

[Amended 10-3-1977 by Ord. No. 77-37]
No permit for street openings for any purpose shall be issued until the applicant therefor shall have first paid to the Township Treasurer the fees as provided for in Chapter 94, Fees.

§ 89-5 Period of maintenance.

A. 
The permittee shall be responsible for the entire work and shall keep every portion of said work, including the temporary pavement, in perfect order and repair during the entire period of maintenance.
B. 
The period of maintenance shall be considered as a period of six months after the date of final completion of the work to be done, except that in the event that the termination of said six months' period shall fall within the month of December, January, February, March or April, then the period of maintenance shall be considered as extending until the first day of May next thereafter.
C. 
[1]In the event that the Township finds it necessary to make emergency repairs during the period of maintenance, the permittee shall immediately deposit the cost of making such emergency repairs with the Township Treasurer. No permits shall be issued to any person, firm or corporation who is in default to the Township on any such payment.
[1]
Editor's Note: Former Subsection C, which provided for the termination of the period of maintenance, was repealed 1-4-1993 by Ord. No. 93-2, which ordinance also provided for the relettering of former Subsection D as Subsection C.

§ 89-6 Disposition of fees.

The entire amount of fee shall be retained by the Township to cover the cost of necessary inspection services and the cost of making permanent repairs to the pavement or other street areas.

§ 89-7 Protection of existing structures.

[Amended 1-4-1993 by Ord. No. 93-2]
It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person, firm or corporation whose pipe, conduits or other structures are laid in the portion of the street to be opened. Said notice shall be given to all utilities by calling the Garden State Underground Plant Location Service 48 hours before commencement of said opening or as provided by law. The permittee shall, at his own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures. The permittee shall restore any damaged structures or utilities, at his own expense, to the condition it was in prior to commencement of work.

§ 89-8 Guarding of excavations; traffic interference.

A. 
All excavations shall be completely backfilled at the end of each working day unless it would constitute a hardship to the permittee or where the sale of the excavation makes it impossible to backfill at the end of each working day, in which event a waiver may be granted by the Superintendent of Public Works or the Township Engineer. In the event that a waiver is granted, the contractor or owner shall cover the excavation with heavy one-inch-thick plates secured by existing pavement to prevent rattles and movement and erect appropriate barriers and lights around the entire excavation and arrange to provide appropriate security protection, if such security is necessary, at his own cost, and such other safeguards as may be needed to protect the public from an open excavation. If plates are placed for over a weekend or for an extended period, all edges are to be macadam-sealed and sloped. In no event shall an excavation be left open for more than 72 hours unless an emergency exists and permission has been secured from the Chief of Police, Superintendent of Public Works, Township Engineer or their designated representatives.
[Amended 1-4-1993 by Ord. No. 93-2]
B. 
Barricades, warning flags and lights shall be provided in accordance with the Manual on Uniform Traffic Control Devices, and watchmen shall be provided if so ordered by the Engineer and in accordance with his directions.
[Amended 1-4-1993 by Ord. No. 93-2]
C. 
Where the free flow of traffic is interfered with, the permittee shall furnish competent persons to direct and expedite traffic.
D. 
Unless otherwise authorized by the Engineer, vehicular traffic shall be maintained at all times during the progress of the work. On paved streets, at least a nine-foot width of the pavement shall be open and unobstructed at all times.

§ 89-9 Township contract work.

Nothing in this chapter shall be construed as requiring the issuance of a permit for the performance of any work done under a contract with the Township.

§ 89-10 Excavation regulations.

A. 
The use of power excavating equipment is prohibited within the pavement limits until each edge of the trench has been cut through the entire thickness of the pavement to an even, uniform line.
B. 
The maximum width of any trench for sewer or utility connections shall be 30 inches unless a greater width is approved in writing by the Engineer.
C. 
Excavated material shall be stored in neat piles, so placed as to cause the least inconvenience with the use of the roadway or sidewalk. If so ordered by the Engineer, such excavated material shall be promptly removed from the site of the work.
D. 
Special permission may be granted for tunneling under a pavement of concrete or one having a concrete base, in which case the tunnel shall be refilled with one-to-three-to-six concrete, well tamped in place.
E. 
Unless otherwise authorized, the work of passing under sidewalks and curbing shall be done by tunneling and refilling as provided under Subsection D.

§ 89-11 Backfilling.

A. 
As soon as the pipe or structures are in place and any required inspection has been made, the excavation shall be backfilled.
B. 
With the exception of portions of the excavation lying back of the sidewalk or sidewalk lines, the backfilling shall be placed in layers not more than six inches thick and each layer shall be thoroughly compacted with mechanical rammers of a type satisfactory to the Engineer. (The Engineer may permit layers in excess of six inches if, in his opinion, the rammers used will properly compact a greater thickness.)
C. 
If the material removed from the excavation is of such character that, in the opinion of the Engineer, it will not compact satisfactorily, the permittee shall provide suitable material from other sources for the backfilling.
D. 
When trench is brought to grade, all surplus material shall be forthwith removed from the site by the permittee at his own expense.
E. 
Only suitable backfill materials shall be used for backfill. A material whose composition is inorganic soil, blasted or broken rock and similar materials of natural or man-made origin, including mixtures thereof, with a maximum aggregate size of three inches shall be considered suitable materials. Backfill material shall be free from vegetable matter, rubbish, frozen earth, wood, cinders, broken paving or other foreign substances. The materials shall be free of shale or other soft, poor durability particles.
[Added 1-4-1993 by Ord. No. 93-2]
F. 
The excavator may backfill the street opening with that portion of the excavated material conforming to this specification. All materials used for backfill shall be free from bricks, blocks, excavated pavement materials and/or organic material or other debris.
[Added 1-4-1993 by Ord. No. 93-2]
G. 
All backfill must contain the moisture content necessary for the proper compaction of that material. The excavator shall be responsible for determining the proper limits as the work is progressed.
[Added 1-4-1993 by Ord. No. 93-2]

§ 89-12 Temporary pavement.

[Amended 1-4-1993 by Ord. No. 93-2]
Immediately after backfilling the excavation, the permittee shall replace any pavement disturbed with bituminous concrete mix I-5 of the same thickness, but in no case less than four inches thick, placed in two lifts.

§ 89-13 Driving small pipes beneath pavements.

Small pipes or conduits may be driven beneath pavements in such a manner that the surface shall not be disturbed or injured and provided that:
A. 
In the event of damage to a pavement or subsurface pipe or structure caused by driving such pipe or conduit, the permittee shall repair and make good the damage at the permittee's own expense.
B. 
Driving of pipes shall be prohibited at locations in the highways where there is existing underground construction of the New Jersey Bell Telephone Company or any electric or gas utility company.

§ 89-14 Public utility corporations.

[Amended 1-4-1993 by Ord. No. 93-2]
A. 
All conditions of this chapter shall apply to public utility corporations with the exception of § 89-4. In lieu of an application fee, each public utility shall post a continuing maintenance bond in the amount of $2,000.
B. 
Permits shall be required of all public utility companies for work under this chapter. Applications must be made to the office of the Township Engineer at least 48 hours prior to the work starting. Where an emergency exists, excavation and repair may begin but the utility must notify the Township Engineer, the Superintendent of Public Works and the Township Police Department of the nature and location of the emergency before starting work and must apply for the necessary permit as soon as possible.
C. 
In the event that permanent pavement replacement is not made within the six-month period hereinbefore referred to, then the Township, through its Engineer, shall have the right to give 10 days' notice of such fact to the public utility corporation, and if such permanent pavement has not been properly installed at the expiration of such ten-day period, then the Township may proceed to replace and install such pavement and to perform such work as may be required and charge the cost thereof to such public utility corporation.

§ 89-15 Road openings.

[Added 8-15-1994 by Ord. No. 94-23[1]]
Whenever an item is placed on the agenda of a Council agenda or regular meeting whose intent is to enact any ordinance or resolution providing for the improvement, paving or repaving of any street, the Township Engineer shall provide notice to all persons owning property abutting on the street about to be paved or improved and to all public utilities and authorities operating in the Township, including any person, firm or corporation owning any sewer main or conduit or other utility in, above or under said street. This notice shall be made by mail as soon as the information is available, but no later than the day of the Council meeting when the subject is first discussed. Such notice shall notify such persons, firms, corporations or public utilities that:
A. 
They shall make all connections, as well as repairs thereto, which would necessitate excavation of the street, within 30 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Township Engineer.
B. 
No excavation permit shall be issued for openings, cuts or excavations in said streets for a period of three years after the date of completion of said improvement, paving or repaving by the Township.
C. 
The application for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit shall be completed as soon as practicable and in no event later than the date specified in the permit for the excavation work.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 89-15, Violations and penalties, as § 89-19.

§ 89-16 Restrictions on opening newly paved streets.

[Added 8-15-1994 by Ord. No. 94-23]
A. 
No permit shall be issued by the Township Engineer to any person, firm, corporation, public utility or authority given notice under § 89-15 above which would allow an excavation or opening in a paved or improved street surface less than three years old, unless the applicant can clearly demonstrate to the Township Engineer that public health or safety requires that the proposed work be permitted which could not have been reasonably foreseen at the time of the prior notice.
B. 
If by special permission of the Township Engineer a permit is issued to open any paved or improved street surface less than three years old, the permittee shall be required to complete restoration in the following manner:
(1) 
The applicant shall mill and resurface the entire street or portion thereof in which the opening or excavation is made, from curb to curb and for a minimum distance extending no fewer than three feet beyond the limits of the excavation.
(2) 
Construction or repair work performed on, in or around manholes shall be subject to inspection and acceptance by the Township Engineer.
(3) 
The permittee must also pay all required application and inspection fees. The inspection fee shall be calculated to cover the entire area that must be milled and resurfaced.

§ 89-17 Nonapplicability.

[Added 8-15-1994 by Ord. No. 94-23]
The provisions of this chapter shall not apply to public utility companies having separate contracts with the Township or operating under special ordinances or statutes, nor to any person, firm or corporation laying any sidewalk, pavement or sewer or doing any other work in any of said streets, avenues, roads or highways under and in pursuance of a contact entered into between such person, firm or corporation and the Township, provided that these provisions or the equivalent are incorporated in any said contract, specifications or requirements.

§ 89-18 Appeals.

[Added 8-15-1994 by Ord. No. 94-23]
Appeals from any determinations hereunder shall be to the Construction Board of Appeals.

§ 89-19 Violations and penalties.

[Amended 10-3-1977 by Ord. No. 77-37]
Any person, firm or corporation who or which shall violate any provision of this chapter shall be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both, for each offense. Each day during which any such violation occurs or is permitted to continue shall constitute a separate violation.