[Adopted 12-14-1983]
A.
No person, firm, corporation, public utility or authority
shall hereafter tear up, open or excavate any Township street, avenue
or road in the Township of Pittsgrove, owned, maintained or controlled
by said Township, for any purpose whatsoever without first making
application for and receiving a permit therefor signed in the name
of the Township of Pittsgrove by the Township Engineer for said Township.
B.
The permit, when issued, shall be required to be signed
on behalf of the real party in interest applying therefor, and said
permit shall constitute a valid contract between the real party in
interest and the Township.
C.
All permits issued under this article shall expire
and become void 90 days from the date of issue unless renewed, in
writing, by the Township Clerk, but the Township shall not lose any
of its rights of action, if any, it has against the applicant by reason
of granting such permit.
A.
The words “applicant” and “person”
shall include any individual, corporation, public utility, authority
or other legal entity.
B.
The application for and the permit itself shall constitute
one instrument, but the permit shall in no case be effective until
signed in the name of the Township of Pittsgrove by the Township Engineer.
C.
At the time application is made for said permit, the
applicant shall furnish a reasonable sketch, in triplicate, showing
the location of the opening to be made, the size of said opening,
the purposes of said opening and state whether it is new construction
or repairs.
D.
Every applicant for opening shall pay a fee as provided in Chapter A120, Fees, which will allow the applicant to open no more than 12 square feet of bituminous-surfaced street or road or 50 square feet of unimproved street or road. If the sketch indicates that an area larger than the above dimension is required, then the applicant shall pay the fee for bituminous-surfaced streets and for unimproved streets or roads as is provided for in Chapter A120, Fees.
A.
Any authority or public utility of the State of New
Jersey may, in lieu of surfacing fee, file with the Township Clerk,
a bond satisfactory to the Township Solicitor, providing for the restoration
of the street or road by the authority or public utility within 90
days after date of opening to a condition as good as existed prior
to the opening.
B.
Where a satisfactory bond has been deposited by an
authority or public utility as a guaranty for street resurfacing,
a permit shall be secured for each opening.
A.
The street or road, when opened pursuant to said application
and permit, shall be cut in straight lines and, immediately after
the work is performed for which the opening was made, shall be temporarily
filled with gravel. Excavated material shall not be used as backfill
unless it meets Township specifications for road gravel or is approved
by the Township Engineer. Backfill shall be tamped in six-inch layers
as trenches are filled. On improved streets or roads, a temporary
patch of at least two inches of bituminous patch shall be placed on
the trench opening and thoroughly tamped or rolled into place and
approved by the Township Engineer.
B.
All openings in paved surfaces shall be restored with
eight inches of compacted gravel with two inches of FABC-1 surface
pavement. All openings in unimproved roads and shoulder areas shall
be restored with eight inches of compacted gravel. All other openings
within the right-of-way limits of the road shall be restored to their
original condition.
[Amended 9-13-2005 by Ord. No. 9-2005]
The applicant shall properly guard the excavation
by the erection of suitable barricades and also by displaying warning
lights at night. The applicant shall in all cases provide reasonable
safeguards by day and night to protect the traveling public. The applicant
shall at all times maintain the proper and sufficient drainage to
prevent the accumulation of water or any other substance or material
upon the road to ensure an adequate and safe passage for the traveling
public and, in this respect, shall carry out, at his own expense,
any order of the Department of Public Works.
If the excavation is to extend the full width
of the street or road, no more than 1/2 of the road shall be opened
at one time, and such half shall be backfilled before the other half
is opened, so as to permit the free flow of traffic.
The applicant shall notify the Township Engineer’s
office immediately upon beginning the opening of any street or road
and likewise upon the completion of the job. The excavation and the
work required to be done shall be completed with all reasonable haste.
Trenches shall not be kept open when work is not in progress. (If
work is stopped for more than 24 hours, the trench shall be temporarily
backfilled).
In case of emergency, the applicant shall secure
temporary permission to open a street or road by first securing permission
by telephone from the Township Engineer. A formal application shall
be made and a permit secured within 48 hours after emergency permission
has been granted.
[Amended 1-25-1995 by Ord. No. 2-1995; 9-13-2005 by Ord. No.
9-2005; 3-14-2006 by Ord. No. 4-2006]
Any person, firm or corporation violating any
provisions of this article shall be subject, upon conviction, to one
or more of the following: imprisonment in the county jail for any
term not exceeding 90 days; or by a fine of no less than $100 and
not more than $2,000; or by a period of community service not exceeding
90 days.
