[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.