[Adopted by 8-20-1962, Ch. 20, Art. 9, of the former
Revised Ordinances; amended in its entirety 12-4-2023 by Ord. No. 23-923]
As used in this article, the following terms shall have the
meanings indicated:
A representative from the Township authorized to grant or
allow modifications of the permit or working requirements. These shall
be: Township Engineer, Director of Public Works, Superintendent of
Water and Sewer, or an authorized deputy.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to statute.
Any Township street, highway, roadway, alley, avenue, other
public way or right-of-way or public grounds in the Township.
Application for a permit under this article shall be made, in
writing, to the authorized personnel on such form as prescribed by
the Township. The application shall be accompanied by the following:
A.
A plan, in triplicate, showing the work to be performed under the
said permit, one copy of which shall be returned to the applicant
if the application and plan are approved at the time the permit is
issued.
B.
A traffic control plan, as deemed necessary by the Township Police
Department.
C.
An agreement, signed by the applicant, to hold the Township, its
officers, employees and agents harmless of and from any and all costs,
charges and liabilities which may accrue or be claimed to accrue by
reason of any work performed under the said permit; provided, however,
that notwithstanding the absence of such accompanying agreement, the
acceptance of a permit issued under this article shall be deemed to
constitute and effect such an agreement by the applicant.
D.
Fees, as described below; provided, however, that public utilities
or authorities may elect to be billed monthly for such fees as they
accrue.
|
Fee Type
|
1- or 2-Family Residential
|
Commercial/Multifamily and Utility Companies
|
|---|---|---|
|
Excavation within Public Right-of-Way
| ||
|
Application fee
|
$100
|
$250
|
|
Review fee
|
$100 per opening
|
< 50 SF: $250
51 SF - 200 SF: $500
201 SF - 1,000 SF: $1,000
> 1,000 SF: $1,000 + $0.50/SF over
|
|
Inspection fee
|
$200
+ $125/hour for over 4 hours
|
$125/hour
(2 hour minimum)
|
|
Escrow
$2,000 for up to 500 SF
$5,000 for excavations > 500 SF
|
Bond Fee
$2,000 for up to 500 SF
$5,000 for excavations > 500 SF
| |
|
Borings/Monitoring Wells/Geo Probes
| ||
|
Application fee
|
$100
|
$250
|
|
Review fee
|
$100 per boring/well/probe
|
$150 per boring/well/probe
|
|
Inspection fee
|
$200
+ $125/hour for over 4 hours
|
$125/hour
(2 hour minimum)
|
|
Escrow
$2,500 for up to 2 borings
$500 each additional boring
|
Bond fee
$5,000 for up to 2 borings
$1,000 each additional boring
| |
No permit, described in § 230-32, shall be issued by the authorized personnel and no work authorized by such permit shall be commenced, unless and until:
No permit issued under this article shall be transferable from
one person to another, nor shall the work to be performed under said
permit be made in any place other than the location specifically designated
in the permit.
If the work to be undertaken by the applicant is such that it
will affect the use of properties abutting or adjoining the project
or subsurface installations in the vicinity of the proposed work for
which a permit is sought, the authorized personnel shall require the
permittee to submit evidence in affidavit form that the permittee
has served a notice of the proposed opening upon the owners and tenants
of such properties and subsurface installations personally or by registered
or certified mail, return receipt requested.
A.
Application for a right-of-way construction and/or maintenance permit shall be made in writing on forms as prescribed by the Township. Such application shall be filed at the Engineering Department by the applicant or his authorized agent at least five working days prior to the proposed commencement of any work. Applications will not be reviewed until a complete application, application fee, and review fee are submitted. Application fees are set forth in § 230-28.
B.
Plans, profiles and other details necessary to accurately depict
the work to be performed shall be submitted with the application.
No Township road shall be closed to traffic without the prior consent
of the Cedar Grove Police Department and approval of a submitted detour
plan.
C.
When application is made for a permit for construction or repair
of a sidewalk, repair of an existing curb, construction of a driveway
curb opening or the installation of a house leader drain to the curb,
the Construction Official may waive the requirements for submission
of plans. Restoration must be made in accordance with Township construction
details, provided herein.
D.
The applicant will be directly responsible for the performance of
the work in accordance with the provisions of the permit and the proper
restoration of the right-of-way. The applicant shall be directly responsible
for the health, safety and welfare of the public and shall agree to
comply with all ordinances and laws relating to the work to be performed.
E.
The applicant must specify the exact date and time of the day that
such person intends to commence said excavation, removal or disturbance,
as well as the period during which such work is to be performed, and
the date and time of day at which the same will be opened and closed,
as well as the time during which the permanent repairs will be made.
F.
Issuance of permit.
(1)
A permit will not be issued until the applicant has deposited an inspection fee as provided in § 230-28, posted a performance bond or escrow, and provided a certificate of insurance for comprehensive general liability insurance identifying the Township and its representatives as additional insureds.
(2)
The applicant shall comply with all applicable statutes pertaining
to notification of any person or corporation engaged in the distribution
or transmission of any underground utilities in the area of the proposed
excavation. The applicant shall be solely responsible for ascertaining
the location of all utilities in the vicinity of the proposed excavation
and for the repair of the same if damaged as a result of work for
which the excavation permit is issued.
G.
Emergency excavation.
(1)
Notwithstanding the provisions of this article, any person may open
up any Township right-of-way to repair any utility, provided that
it is an emergency and any delay in obtaining the required permit
would result in endangering the health and general welfare of the
inhabitants of the Township; provided, however, that a permit as required
herein is obtained within 72 hours after the emergency is discovered.
However, notice of the emergency must be made immediately upon discovery
of the emergency via telephone to the Township through its Police
Department or other designated representative. If not done so, an
additional fee of $500 per day will be assessed on the project and
added to the nonrefundable application fee. Once the call is made,
the person shall immediately take proper emergency measures to cure
or remedy the dangerous conditions for the protection of property,
life, health and safety of individuals.
(2)
Utility companies cannot classify work that was discovered and/or
reported over 72 hours prior to construction occurring as emergency
work.
(3)
All emergency construction and maintenance operations shall be performed
with full regard to safety and to keep traffic interference to an
absolute minimum. During such emergency repair work, the person, contractor
or utility shall comply with the provisions of the MUTCD (Manual on
Uniform Traffic Control Devices, current edition) while performing
such emergency repair work.
H.
Performance and maintenance guarantee.
(1)
A utility company, as defined in this chapter, can opt to file a bond with the Township in the form and manner prescribed in § 230-41 of this chapter.
(2)
Any person, other than a utility company, must provide a personal
guarantee in a form acceptable to the Township Attorney that the requirements
of this chapter will be met and that the applicant will reimburse
the Township for all costs incurred by the Township if the applicant
fails to perform in the manner prescribed. The Township may place
a lien on the property, which shall be considered a Township lien
for the purposes of N.J.S.A. 54:5-9 with the rights and status of
a Township lien pursuant thereto.
I.
Insurance required.
(1)
No permit shall be issued for right-of-way construction and/or maintenance
until the applicant shall have placed on file with the Township a
certificate of insurance specifically naming the "Township of Cedar
Grove, its officers, employees, agents and assignees" as an additional
insured under the applicant's general liability policy. The policy
must be a comprehensive general liability form with minimum liability
limits of $500,000 per occurrence.
(2)
Such insurance must remain in force from the date of the permit until
the termination of the period of maintenance as herein defined.
(3)
In lieu of the above insurance requirement, the owner of a one- or
two-family dwelling or any other project not requiring any Township
Board approval who is performing work within the right-of-way adjacent
to his, her or its property can substitute a certificate of insurance
from their property liability carrier acknowledging liability coverage
for the work to be performed and providing a minimum liability limit
of $100,000 per occurrence.
(4)
The applicant shall indemnify and save harmless the Township, its
officers and employees from all suits, actions or claims of any character
brought because of any injuries or damage received or sustained by
any person, persons or property on account of the operations of said
applicant; or on account of or in consequence of any neglect in safeguarding
the work; or through use of unacceptable materials in constructing
the work; or because of any act of omission, neglect or misconduct
of said applicant.
J.
Maintenance and protection of vehicular and pedestrian traffic. The
following shall be required in addition to any and all other requirements
and standards set forth in this chapter:
(1)
The Township Council hereby finds and declares that problems of traffic
control occur when traffic must be moved through or around road or
street construction, maintenance operations and utility work, above
or below ground, which requires blocking the roadway and obstructing
the normal flow of traffic and that such obstructions are or can become
dangerous when not properly controlled. In order to better promote
the public health, safety, peace and welfare, it is necessary to establish
controls and regulations directed to the safe and expeditious movement
of traffic through construction and maintenance zones and to provide
safety for the workforces performing these operations.
(2)
The Township of Cedar Grove does hereby adopt the current Manual
on Uniform Traffic Control Devices, known as MUTCD (current edition),
except as supplemented and amended in this article, as it controls
and regulates whenever construction, maintenance operations or utility
work obstructs the normal flow of traffic. Any person, contractor
or utility who fails to comply with the provisions of the MUTCD while
performing such work is in violation of this article.
(3)
All traffic control measures must be provided by the applicant and
approved by the Township Police Department's Traffic Bureau.
A traffic control plan and details must be provided for any applicant
proposing to close any portion of a Township roadway.
(4)
It shall be the responsibility of an applicant wishing to conduct
work on, under or above the roadway to contact the Cedar Grove Police
Department to arrange a preconstruction meeting in order to submit
plans for the safe movement of traffic during such period of construction
work. The applicant shall identify all traffic control requirements
necessary to complete the job in accordance with NJDOT and MUTCD standards.
(5)
The applicant shall provide the Cedar Grove Police Department with
at least two emergency contact phone numbers to be called in case
of emergency problems at the construction or maintenance site prior
to the start of any work. If, for any reason, the emergency contact
cannot be made or if the emergency contact person does not respond
to the call from the Cedar Grove Police Department to correct a hazardous
condition, the Township of Cedar Grove may respond to correct such
hazardous condition. The reasonable fees for such emergency service
by the Township of Cedar Grove shall be charged to the person, contractor
or utility responsible for such condition.
(6)
There shall be no construction, maintenance operations or utility
work on any roadway in the Township of Cedar Grove between the hours
of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00
p.m. and 8:00 a.m. on Saturdays. No work shall occur on Sundays or
federal holidays. This time limit may be adjusted by the Chief of
Police or, in the absence of the Chief, other chief law enforcement
officer (or his or her designee) only upon a showing of good cause
by the applicant.
(7)
Each applicant under this article shall conduct and carry out the
road or street construction, maintenance operations and utility work,
above or below ground work, in such manner as to avoid unnecessary
inconvenience and annoyance to the general public and occupants of
neighboring property. The applicant shall take appropriate measures
to reduce to the fullest extent practicable in the performance of
the excavation work noise, dust and unsightly debris.
(8)
No Township road or sidewalk shall be closed to traffic without the
prior consent of the Chief of Police or, in the absence of the Chief,
other chief law enforcement officer (or his or her designee) and approval
of a submitted detour plan.
(9)
Any person, contractor or utility looking to utilize Township roads
as part of a detour route in connection with any other road or street
construction, maintenance operations and utility work, above or below
ground, shall contact the Cedar Grove Police Department to arrange
a preconstruction meeting in order to submit plans for the safe movement
of traffic during such period of construction work.
(10)
It shall be unlawful for the applicant under this article to
suffer or permit to remain unguarded at the place of excavation or
opening any machinery, equipment or other device having the characteristics
of an attractive nuisance likely to attract children and to be hazardous
to their safety or health.
(11)
The applicant shall provide and maintain suitable barricades,
warning signs, warning flags, amber flasher lights and other generally
accepted safety and warning devices as determined by the Chief of
Police or, in the absence of the Chief, other chief law enforcement
officer (or his or her designee) during the period of construction
work.
(12)
Off-duty Cedar Grove police officers shall be posted at all
construction or maintenance sites when determined by the Chief of
Police or, in the absence of the Chief, other chief law enforcement
officer (or his or her designee) that same is necessary to provide
for the safe and expeditious movement of traffic. The Township of
Cedar Grove shall be fully reimbursed for the cost of the provision
of said police officers by the applicant and the rate of pay for said
police officers shall be that established by the Township of Cedar
Grove, inclusive of the administrative/vehicle use fee.
(a)
For the purposes of this section, a traffic director is that
individual who is responsible for traffic control at a roadway worksite
and is either a Cedar Grove Township Police Officer or a civilian
flagger who meets the qualifications as set forth in Section 6E of
the Manual on Uniform Traffic Control Devices and is certified as
a flagger by the American Traffic Safety Services Association, Rutgers
University or comparable organization, approved by the Chief of Police.
(b)
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Cedar Grove Police Department that same
is necessary to provide for the safety and expeditious movement of
traffic.
(c)
Civilian flaggers shall not be used as traffic directors in
any work zone which contains an intersection with a traffic control
device. In those situations, only a police officer will be used as
a traffic director.
(13)
Any person, corporation or other entity who violates any provision
of this subsection shall be subject to penalties. Additionally, the
Chief of Police of the Cedar Grove Police Department or, in the absence
of the Chief, other chief law enforcement officer (or his or her designee)
shall have the authority to stop work, including the removal of equipment
and vehicles, stored material within the street right-of-way, backfilling
of open excavations and/or other related work, in order to abate any
nuisance and/or safety hazard or for any violation of this section.
The cost to abate any hazardous conditions shall be borne by the person,
contractor, or utility responsible for such condition.
K.
Safeguards required.
(1)
Proper bracing shall be maintained to prevent the collapse of adjoining
ground and in excavations. The excavation shall not have any excavated
portion which extends beyond the opening at the surface.
(2)
It shall be the duty of the applicant to give notice of the proposed
right-of-way excavation to any company whose pipes, conduits or other
structures are laid in the portion of the street to be excavated.
The applicant shall, at his own expense, carefully support and protect
from injury such pipes, conduits or other structures.
(3)
No unnecessary damage or injury shall be done to any tree or shrub
or the roots thereof. Should a tree be damaged during construction
operations, the escrow or bond shall be held until one year after
final completion of the work. The applicant shall be responsible for
the replacement of the tree should it die within the year.
(4)
If any sidewalk is removed or blocked by any work, a temporary sidewalk
shall be constructed or provided which shall be safe for travel and
convenient for pedestrian usage.
(5)
Inspection provisions enforced. All work shall be subject to inspection
by the Township's authorized representative. The contractor shall
give 72 hours' notice prior to commencement of work. For all
projects an inspection fee will be established by the Township in
accordance with the fee schedule and anticipated length of construction.
A.
No permit which would authorize an excavation or opening in a paved
or improved street surface less than five years old shall be issued
by the authorized personnel to any person, including a public utility
or authority, unless the applicant therefor can demonstrate that public
health or safety requires that the proposed work be permitted or unless
an emergency circumstance or condition exists. In the event that such
permit is issued, an additional penalty charge shall be made for the
opening, except that the penalty shall be waived in the event that
the work is of an emergency nature. The penalty charge shall be on
a sliding scale and shall be equal to 2% of the cost of restoring
the opening for each unelapsed month or fraction thereof of the five-year
restricted period.
The provisions of this article shall not be applicable in those
instances where the highway is maintained by the State of New Jersey
or by the County of Essex.
A.
Any person, contractor or utility who commits a violation of this
article shall, upon conviction thereof:
(1)
For a first offense, pay a fine of not less than $100 nor more than
$500 and/or be imprisoned for a term not exceeding 90 days;
(2)
For a second offense, pay a fine of not less than $250 and/or be
imprisoned for a term not exceeding 90 days; and
(3)
For a third or subsequent conviction, pay a fine of not less than
$500 and/or be imprisoned for a term not exceeding 90 days.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
A.
Except as otherwise provided in § 230-32 hereof, the work for which a permit has been issued under this article shall commence within 45 days of the issuance of said permit, in default of which the permit shall be automatically terminated, unless the said time for the commencement of the work shall be extended by the authorized personnel upon an application therefor in writing, made prior to the expiration of the forty-five-day period, setting forth the reasons for the requested extension.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount of quantity greater
than that specified in the permit; except that, upon the approval
by Township authorized personnel, additional work may be done under
the provisions of the permit in any amount not greater than 10% of
the amount specified in the permit. Any deposit and bond posted in
connection with the original permit shall be deemed to cover any such
additional work as may be approved pursuant to this section within
the aforesaid 10% limitation.
Every permittee shall, at all times, keep or cause to be kept
the permit and an approved copy of the plan at the location for which
said permit was granted and while the work authorized by such permit
is in progress. The permittee shall produce and exhibit said permit
and plan upon demand of a representative of the Public Works Department
or of the police authorities.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the authorized personnel a request
for an extension of time, setting forth therein the reasons for the
requested extension. If such an extension is necessary and not contrary
to the public interest, the permittee may be granted additional time
by the authorized personnel for the completion of the work.
A.
Any permit issued under this article may be revoked by the authorized personnel, after giving notice as provided in Subsection B hereof, upon any of the following grounds:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or property of others.
B.
When the permit has been revoked and the work authorized by the permit
has not been completed, the Township shall do such work as may be
necessary to complete such work as was authorized by the permit and
to restore the street or part thereof to as good condition as before
the opening was made. All expenses incurred by the Township shall
be recovered from the escrow or bond the permittee has made or filed
with the Township.
A.
Annual performance guarantees. A utility company shall annually provide
the Township by no later than January 31 with a performance bond in
an amount calculated based on the aggregate excavations planned by
the utility company for the year in a form approved by the Township
Attorney guaranteeing that all excavations shall comply with the provisions
of this article and that the full restoration of the street or right-of-way
surface shall be to the satisfaction of the Township. The amount of
the performance bond shall be as follows:
|
Aggregate Planned Excavations
(square feet)
|
Amount of Performance Bond
|
|---|---|
|
Up to 1,000
|
$50,000
|
|
Greater than 1,000 and less than 5,000
|
$100,000
|
|
Greater than 5,000
|
$250,000
|
C.
Annual maintenance guarantees. A utility company shall annually provide
the Township by no later than January 31 with a maintenance bond in
an amount equal to 20% of the previous year's posted performance
bond in a form approved by the Township Attorney. The term of the
maintenance guarantee shall be a period of two years from the date
of approval of work.
D.
Release of performance guarantees.
(1)
Resolution required. Annually, the governing body shall, by resolution,
either approve or reject the utility company improvements based on
the recommendation of the Township Engineer. The resolution shall
authorize the release of the performance bond only as to improvements
approved and for which a maintenance bond has been tendered. The governing
body may not authorize release of the performance bond for any improvement
that has not been approved by the Township Engineer or for which fees
are outstanding. The utility company may only obtain a release of
the performance bond for rejected work after the work is approved
in full.
(2)
Review and recommendation by the Township Engineer.
(3)
Upon substantial completion of all excavation improvements, the utility
company shall forward a set of as-built plans. Upon receipt of the
as-built plan information, the Township Engineer shall inspect all
bonded excavations and shall prepare written list of approved excavations
and a separate written list of uncompleted or unsatisfactory completed
improvements.
(4)
With respect to each improvement determined to be incomplete or unsatisfactory,
the Township Engineer shall state in detail the nature and extent
of the incompleteness of each incomplete improvement or the nature
and extent of and remedy for the unsatisfactory state of each completed
improvement determined to be unsatisfactory.
E.
Miscellaneous.
(1)
The utility company will be required to post both a performance bond
and maintenance bond annually regardless of the previous year's
performance bond being withheld for rejection of improvements or outstanding
application fees.
(2)
Nothing herein, however, shall be construed to limit the right of
the utility company to contest by legal proceedings any determination
of the governing body or the Township Engineer.
(3)
The utility company shall reimburse the Township for all inspection
fees for the foregoing inspection of improvements. The Township shall
not perform any inspection if sufficient funds to pay for those inspections
are not on deposit.
F.
Yearly notice and report of proposed activities.
(1)
Once, yearly, all utility companies and contractors working for utility
companies, including, but not limited to, those engaged in the installation
of gas, water, electric, cable/telecom, etc., shall report to the
Township Manager, Superintendent of Public Works, and Township Engineer
their intentions with regard to the prospective work requiring road
openings for the purpose of coordinating such activity with resurfacing
projects anticipated by the Township, and obtain acknowledgement by
each of the Township departments of reported, proposed activities.
This report shall include all prospective work for the following year
and should be provided by November 15.
(2)
Once, yearly, the Township shall notify utility companies and neighboring
municipalities of planned work on Township roads and that any upcoming
construction activities planned by said utility companies and neighboring
municipalities shall be completed before paving is to start. Such
notice shall state that no excavation permits shall be issued for
openings, cuts or excavations in such Township roads for a period
of five years after date of paving. The notice shall also notify the
applicant that applications for excavation permits, for work to be
done prior to such paving, shall be submitted promptly in order that
the work covered by the permit may be completed before paving.
A.
All excavation, backfill, and street repairs shall be performed in
accordance with the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, latest edition.
B.
Standards for Township rights-of-way constructed, reconstructed or
resurfaced more than five years prior to the requested excavation
permit.
(1)
Excavation.
(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 even uniform line.
(b)
Excavated material shall not be stored within Township rights-of-way
unless otherwise approved by the authorized personnel. Unless otherwise
authorized, the work of passing under sidewalks and curbing shall
be done by tunneling.
(c)
No excavation shall remain open overnight unless specifically
approved by the authorized personnel. Steel plates are prohibited
unless specifically approved by the authorized personnel. This approval
will have time limitations and can only be given if the public safety
and general welfare of the community is not at risk.
(2)
Backfilling.
(a)
The material excavated from the opening shall not be used as
backfill, unless specifically permitted by the authorized personnel.
Backfill material shall be soil aggregate (I-5) or dense graded aggregate.
Recycled concrete aggregate (RCA) or recycled asphalt (RAP) is not
permitted within the Township right-of-way.
(b)
All opening cuts are to be squared and cut on a vertical plane
to a width and length of not less than 12 inches greater than the
original cut/opening. The surface restoration shall extend 12 inches
wider and longer than the area of the base.
(c)
Backfill materials shall be deposited in thoroughly compacted
layers by mechanical tamper. At no time shall the thickness of each
layer exceed 12 inches.
(d)
When the trench is brought to grade, all surplus material shall
be immediately removed by the permittee.
(e)
The applicant must notify the authorized personnel one hour
prior to the start of backfill operations. If a Township official
is not present and the applicant has backfilled the road opening,
the applicant must re-excavate the opening and backfill again with
the presence of a Township official.
(f)
Temporary repairs to streets. Immediately after backfilling
the excavation, the permittee shall repair any pavement disturbed
with a temporary surface consisting of not less than six inches of
compacted aggregate base course [soil aggregate (I-5) or dense graded
aggregate] and six inches of compacted bituminous stabilized base
19M64. This temporary surface shall be set at the final grade of the
permanent repair. Temporary pavement shall be regularly monitored
by the contractor and maintained at this grade until the permanent
repairs are made. The temporary pavement shall remain for at least
30 days to allow for settlement.
(g)
Temporary striping and markings shall be applied prior to re-excavation
of any roadways. Apply latex traffic stripes and latex markings when
they are required for 14 days or less. Apply thermoplastic markings
when they are required for more than 14 days.
(3)
Permanent repairs to streets.
(a)
Any single excavation that is less than 50 square feet in area
shall be repaired by extending a square vertical plane to a width
of not less than 12 inches greater than the original cut/opening in
all directions. The surface restoration shall extend 12 inches wider
and longer than the area of the temporary restoration.
(b)
Any application that is equal to or greater than 50 square feet,
whether continuous or separate, permanent restoration, shall consist
of milling up to two inches thick of the existing pavement for 25
feet past the trench on each end from curb to center line. For any
single excavation that crosses the center line, same shall apply from
curb to curb rather than curb to center line.
(c)
Permanent pavement restoration shall consist of milling up to
two inches of the temporary pavement 12 inches beyond the original
trench and applying an overlay of two inches surface course 9.5M64
compacted in place, finished level with adjacent pavement. A tack
coat shall be used to bind the new pavement to all edges of the existing
adjacent pavement. The permanent pavement restoration shall be completed
within 90 days of the completion of the temporary repairs. Prior to
placing the permanent pavement, any failure of the temporary repairs
must be corrected to the satisfaction of the Township.
(d)
All disturbed pavement line striping or markings shall be replaced
by the applicant utilizing thermoplastic and be in accordance with
the MUTCD and the New Jersey Department of Transportation Standards
Specifications for Roadway and Bridge Construction, latest editions.
(4)
Other repairs.
(a)
Where excavations are made in unpaved shoulder areas, the trench
backfill shall be compacted to a level six inches below the top of
the adjacent shoulder surfaces. A six-inch compacted depth of dense
graded aggregate base course shall be constructed.
(b)
All excavations beyond the shoulder areas shall be brought to
grade with compacted backfill. A minimum thickness of four inches
of topsoil shall be spread in the trench area and fertilized, seeded
and mulched or sodded. Should a proper growth not be achieved, the
area shall be fertilized, reseeded and mulched or sodded, as necessary.
(c)
All other emergency improvements within the Township right-of-way
but outside the roadway shall adhere to the requirements applicable
to all openings listed above.
(d)
No excavation shall remain open overnight unless specifically
approved by the authorized personnel. Steel plates are prohibited
unless specifically approved by the authorized personnel. This approval
will have time limitations and can only be given if the public safety
and general welfare of the community is not at risk.
(e)
Under no circumstance shall utility mains/services be abandoned
in place. All mains/services that are no longer in use shall be removed
in their entirety, whether newly abandoned or previously abandoned
and uncovered during excavation.
C.
Roadway restoration for Township roads constructed, reconstructed, or resurfaced within the last five years if allowed under § 230-33.
(1)
Excavation.
(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 even uniform line. All cuts
are to be squared and cut on a vertical plane.
(b)
Excavated material shall not be stored within Township rights-of-way
unless otherwise approved by the Township authorized personnel. Unless
otherwise authorized, the work of passing under sidewalks and curbing
shall be done by tunneling.
(c)
No excavation shall remain open overnight unless specifically
approved by the Township authorized personnel. Steel plates are prohibited
unless specifically approved by the Township authorized personnel.
This approval will have time limitations and can only be given if
the public safety and general welfare of the community is not at risk.
(2)
Backfilling.
(a)
The material excavated from the opening shall not be used as
backfill, unless specifically permitted by the authorized personnel.
Backfill material shall be soil aggregate (I-5) or dense graded aggregate.
Recycled concrete aggregate (RCA) or recycled asphalt (RAP) is not
permitted within the Township right-of-way.
(b)
Backfill materials shall be deposited in thoroughly compacted
layers by mechanical tamper. At no time shall the thickness of each
layer exceed 12 inches.
(c)
When the trench is brought to grade, all surplus material shall
be immediately removed by the permittee.
(d)
Applicant must notify the authorized personnel one hour prior
to the start of backfill operations. If a Township official is not
present and the applicant has backfilled the road opening, the applicant
must re-excavate the opening and backfill again with the presence
of a Township official.
(e)
Temporary repairs to streets. Immediately after backfilling
the excavation, the permittee shall repair any pavement disturbed
with a temporary surface consisting of not less than six inches of
compacted aggregate base course [soil aggregate (I-5) or dense graded
aggregate] and six inches of compacted bituminous stabilized base
19M64. This temporary surface shall be set at the final grade of the
permanent repair. Temporary pavement shall be regularly monitored
by the contractor and maintained at this grade until the permanent
repairs are made. The temporary pavement shall remain for at least
30 days to allow for settlement.
(f)
Temporary striping and markings shall be applied prior to re-excavation
of any roadways. Apply latex traffic stripes and latex markings when
they are required for 14 days or less. Apply thermoplastic markings
when they are required for more than 14 days.
(3)
Permanent repairs to streets.
(a)
For all applications in roadways paved within the past five
years, permanent restoration shall consist of milling up to two inches
thick of the existing pavement from curb to curb and street corner
to street corner. For excavation that extends into an intersection
(beyond the closest curb return), the entire intersection to the next
curb return should be included. For excavation that does not extend
into an intersection, the extent of pavement shall end at the nearest
curb return of the adjacent intersections. All joints with existing
pavement shall be treated with infrared thermal technology.
(b)
Permanent pavement restoration shall consist of milling up to
two inches of the temporary pavement and applying an overlay of two
inches surface course 9.5M64 compacted in place, finished level with
adjacent pavement. A tack coat shall be used to bind the new pavement
to all edges of the existing adjacent pavement. The permanent pavement
restoration shall be completed within 90 days of the completion of
the temporary repairs. Prior to placing the permanent pavement, any
failure of the temporary repairs must be corrected to the satisfaction
of the Township.
(c)
All disturbed pavement line striping or markings shall be replaced
by the applicant utilizing thermoplastic and be in accordance with
the Manual on Uniform Traffic Control Devices and the New Jersey Department
of Transportation Standards Specifications for Roadway and Bridge
Construction, latest editions.
(4)
Other repairs.
(a)
Where excavations are made in unpaved shoulder areas, the trench
backfill shall be compacted to a level six inches below the top of
the adjacent shoulder surfaces. A six-inch compacted depth of dense
graded aggregate base course shall be constructed.
(b)
All excavations beyond the shoulder areas shall be brought to
grade with compacted backfill. A minimum thickness of four inches
of topsoil shall be spread in the trench area and fertilized, seeded
and mulched or sodded. Should a proper growth not be achieved, the
area shall be fertilized, reseeded and mulched or sodded, as necessary.
(c)
All other emergency improvements within the Township right-of-way
but outside the roadway shall adhere to the requirements applicable
to all openings listed above.
(d)
No excavation shall remain open overnight unless specifically
approved by the Township authorized personnel. Steel plates are prohibited
unless specifically approved by the Township authorized personnel.
This approval will have time limitations and can only be given if
the public safety and general welfare of the community is not at risk.
(5)
Cleanup operations.
(a)
All streets and private properties shall be thoroughly cleaned
of all rubbish, excess earth, rock and other debris remaining from
the work.
(b)
All cleanup operations at the location of the excavation shall
be accomplished at the expense of the applicant and shall be completed
to the satisfaction of the authorized personnel.
(c)
The authorized personnel may order at any time, and in any event
immediately after completion of the work, the applicant, at his own
expense, to clean up and to remove all refuse and unused materials
resulting from the work.
(d)
Upon failure to do so within 24 hours after having been notified
to do so, weather permitting, and the absence of any other unnatural
hardship which prevents immediate compliance, the work may be done
by the Township. The cost thereof shall be charged to the applicant,
and the applicant shall also be liable for the cost under the bond
or escrow provided.
A.
Before a public utility places, replaces or removes a pole or an
underground facility located in the Township of Cedar Grove, the public
utility shall notify the Engineering Department in writing, which
may be by email, personal service or certified mail, at least, but
not less than, 24 hours before undertaking any excavation related
to the placement, replacement or removal of the pole or underground
facility.
B.
Any public utility placing, replacing or removing a pole or an underground
facility located in the Township shall provide for adequate traffic
control during the course of said work, including any barricades,
cones and/or officers necessary in order to safely divert the flow
of traffic.
C.
After completing the placement, replacement or removal of a pole
or an underground facility pursuant to this chapter, the public utility
shall remove from such right-of-way any pole or underground facility
no longer in use as well as any other debris created from such placement,
replacement or removal and restore the property, including, but not
limited to, the installation of same material as removed as needed
to restore the property within the right-of-way to its previous condition
as much as possible. In the case of removal or replacement of a pole
or an underground facility utilized by two or more public utilities,
the public utility last removing its pipes, cables, wires, lines or
other structures shall be liable for the removal and restoration required
under this section.
D.
Under emergency conditions which significantly impact the placement
of a pole or underground facility resulting from natural forces or
human activities beyond the control of the public utility, or which
pose an imminent or existing threat of loss of electrical, power,
telephone, or other telecommunication service, or which pose an imminent
or existing threat to the safety and security of persons or property,
or both, or which require immediate action by a public utility to
prevent bodily harm or substantial property damage from occurring.
E.
The provisions of § 230-43A of this article shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the authorized personnel at the earliest reasonable opportunity.
F.
In the event a public utility does not satisfy the debris removal and restoration requirements of § 230-43C above within 90 days of the date of such placement, replacement or removal of a utility pole or underground utility facility, the municipality shall be authorized to impose a fine up to an amount not to exceed $100 each day until the requirements of § 230-43C are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the November-through-April period.
G.
Public utilities shall remove from such right-of-way any pole no longer in use, or sought to be replaced by the placement of a new pole, 90 days after the abandonment of the use of the pole or 90 days after placement of the new pole. Any poles currently not in use, or intended to be replaced based upon the placement of a new pole that has already been installed, must be removed within 90 days of the effective date of this chapter. The municipality shall be authorized to impose a fine up to an amount not to exceed $100 each day until the pole is removed and requirements of § 230-43C are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the November-through-April period.
H.
At least five business days' prior to the end of the ninety-day or sixty-day periods established pursuant to § 230-43G and F, respectively, as applicable, the Township shall notify the public utility that the penalties authorized by such section shall begin to be assessed against the utility after the end of the applicable period unless the utility complies with the requirements of § 230-43C hereof.
