[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 189, Art. III, of the 1998 Code]
Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to regulate construction of sidewalks, curbs and gutters is contained in N.J.S.A. 40:65-1.
[Amended 2-9-2016 by Ord. No. 16-04]
No person shall cut, dig, drill or make any hole, trench or other excavation in or under any road, street, alley, highway or other public way, under the jurisdiction of the Township of Ewing, without first having obtained a permit from the Superintendent of Roads pursuant to Chapter 4, Administration of Government, § 4-37D. In no event shall any street opening occur within five years of any street having been surfaced, except in the event of an emergency as provided for hereinbelow. Any person maintaining pipes, lines or underground conduits in or under the surface of any street by virtue of any law, ordinance or franchise may proceed with an excavation or opening without a permit when emergency circumstances demand the work be done immediately and where the permit could not reasonably and practically have been obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day on which the Township is open for business, and said permit shall be retroactive to the date when the work was begun.
As used in this article, the following terms shall have the meanings indicated:
- The installation of a pipeline or pipelines to bring utilities of any kind into a property from a public street.
- IMPROVED ROAD, CLASS A
- Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete, brick or similar pavement and any road having a concrete base.
- IMPROVED ROAD, CLASS B
- Any road surfaced with stone or slag uniformly deposited in layers, with a total thickness of not less than four inches, where the stone or slag has been compacted by the use of a power roller and bound together by the application of bituminous binder tar or asphaltic binder.
- IMPROVED ROAD, CLASS C
- Any macadam or other road surfaced with a light coat of stone or oil, or any water-bound macadam road without oil treatment, and any gravel or cinder road with oil treatment.
- UNIMPROVED ROAD
- Any cinder, dirt or gravel road without oil treatment and all other roads under the jurisdiction of Ewing Township.
An applicant for a permit shall make written application, which shall include:
The name of the street where the opening is to be made.
The house number, if any, and the Ewing Township Tax Map lot and section number of the property.
The purpose for which the opening is to be used.
The nature of the surface in which the opening is to be made.
The dimensions of the opening.
The time when the work is to be commenced and completed.
[Amended 2-9-2016 by Ord. No. 16-04]
Upon the filing of a valid application, together with the permit fee required by this article, the Superintendent of Roads shall issue a permit. The permit shall state the identity and address of the applicant, the name of the street and location where the opening is to be made, the dimensions of the opening and the period during which the permit shall be valid.
Effectiveness of permit. No permit issued pursuant to this article shall be effective until the applicant shall provide proof of compliance with the One-Call Damage Prevention System (N.J.S.A. 48:2-73 et seq.), as amended from time to time.
Notification of adjoining property owners and tenants. In the event that the permittee is required pursuant to § 325-16 to complete final pavement restoration for the full width of the road or to the center line of the road, the permittee must notify the owners or tenants of the adjoining properties of the five-year moratorium imposed by the section following the permittee's restoration of the road. Such notice shall be in a form prescribed by the Township. Additionally, if, in the opinion of the Superintendent of Roads, the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, he shall require the permittee to notify the owners or tenants of such properties. In the case of either notice under this section, the permittee shall be required to provide to the Superintendent of Roads a certification that said permittee has notified the abutting and adjoining property owners and/or tenants, together with a list of those persons notified.
Notification of Police and Fire Public Safety Departments. The permittee shall notify, in writing, the Township Police and Fire Departments of his intention to excavate a street within the Township. Such notification shall state the nature of the work to be done and the location of such project. He shall also notify the Police and Fire Public Safety Departments when any openings or excavations have been closed, permitting traffic to flow thereon. The permittee shall, in all cases, be responsible for and required to have traffic directors to maintain traffic with regard to safety and flow.
A certificate of insurance shall be required of the applicant prior to the commencement of work as permitted by this article. Said certificate shall indicate that the applicant is insured against claims for damages for personal injury as well as against claims for property damage which may arise out of or from the performance of the work, whether such performance is done by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. Such insurance shall provide complete third-party coverage for the Township of Ewing and shall at all times be in an amount not less than $1,000,000 for each person, bodily injury; and $1,000,000 for each accident, bodily injury; and for property damages, in an amount not less than $1,000,000. Failure of the applicant to file such certificate shall be grounds for denying a permit; provided, however, that Township departments, franchised public utilities and other governmental agencies may be relieved of the obligation of submitting such a certificate if they do the work contemplated under the permit with their own personnel or with a contractor insured as required. However, such waiver shall not release any such organization from any and all liability under any of the obligations provided herein.
Each applicant upon the receipt of a permit shall provide the Township with a surety bond to guarantee the faithful performance of the work authorized by said permit and the proper maintenance of said excavation for a period of not less than two years after the closure and completion of said work. The amount of the bond shall be determined by the Superintendent of Roads. However, in no event shall the bond furnished be in an amount less than $1,000. If the applicant contemplates requesting more than one permit per year as said permits may be required by this article, the Superintendent of Roads may request the applicant to furnish a single bond as required herein in such amount as the Superintendent of Roads may deem necessary. Said bond must be written by a reputable surety company licensed to do business in the State of New Jersey and must be in a form as approved by the Township Attorney of the Township of Ewing. The bond shall be noncancelable.
Where deemed necessary by the Township Engineer or Superintendent of Roads, select backfill shall be used, and the fee schedules referred to in § 325-12 shall be doubled in the event that select backfill is deemed necessary by the Township Engineer or Superintendent of Roads.
Any municipal corporation or authority or joint municipal authority or public utility corporation may file an application with the Mayor requesting permission to file a bond in lieu of the fees herein prescribed. Such applications may be granted by the Township in cases where the applicant is deemed capable of properly restoring the street surface and foundation and where it is deemed impracticable for the applicant to pay separate fees for each application when a substantial number of openings are contemplated. Such bond shall be in an amount to be determined by the Mayor, shall be issued by a bonding company or a surety company or a corporation approved by the Mayor, and shall be conditioned upon the restoration of the surface and foundation of any street for which an opening permit is granted in a manner acceptable to the Mayor. Such bond may be accepted to cover such number of separate applications by the same applicant as shall be determined by the Mayor and shall remain in force for a period to be determined by the Mayor. Upon approval of such application by the Mayor and approval of such bond by the Township Attorney as to form, sufficiency and execution, the Superintendent of Roads is authorized to issue permits for the work so approved without the payment of the aforesaid fees. In all cases where such bond is accepted in lieu of such fees, the surface and foundation of the street for which a permit is issued shall be restored at the expense of the applicant in accordance with the requirements of this article and any other applicable Ewing Township ordinance.
All permits issued under this article shall be subject to the following regulations:
Each street opening shall be properly guarded and shall have sufficient lights around it to give adequate warning during the hours of darkness.
All work done under any permit shall be done in such a manner as to cause a minimum of interference with travel along the street affected.
No street shall be closed to traffic unless specific permission therefor has been granted by the Township Superintendent of Roads.
Each permittee shall, as a condition of accepting any permit issued hereunder, save, hold and keep harmless and indemnify the Township of Ewing, its officers, agents, servants and employees from and against any loss, damage, claim, demand or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under such permit and for six months thereafter.
Upon application being made therefor, the Township Council may extend the time during which any permit shall be valid for such period as the Township Council shall deem it advisable.
No work for which a permit is issued hereunder shall be conducted in such manner as to interfere with any water main or sewer line, or any connection from either of the same to any building, unless specific permission to interfere with such main or line is obtained in advance from the Township Superintendent of Roads.
Every permittee shall completely backfill any excavation made and replace as much as possible of the material excavated. Such material shall be compacted by flushing, tamping or other suitable means. In any case where the Township Superintendent of Roads determines that the excavated material is unsatisfactory for backfill, the permittee shall backfill the excavation in accordance with the directions of the Superintendent of Roads.
In the event that tunneling operations shall be required to reach the point of connection with any main line, the backfill in any such tunnel shall consist of rammed cement concrete composed of a mixture of one part of cement to six parts of coarse aggregate material not inferior to cinders.
[Amended 2-9-2016 by Ord. No. 16-04]
In all cases where permits are issued hereunder wherein the permittee is to restore the surface to the street, the following rules, regulations and requirements shall apply:
No permittee shall commence the restoration of any street foundation or surface until the Superintendent of Roads deems that settlement of the subsurface is complete and the area properly prepared for restoration.
All foundations shall be restored to a width of 12 inches wider than the width of the excavation and to a length of six inches longer than the length of the excavation.
The street surface shall be restored to a width of at least 12 inches wider than the width of the restored foundation and to a length of six inches longer than the length of the restored foundation.
When any foundation is restored by the use of cement concrete, the same shall consist of a mixture by volume of one part of portland cement, three parts of sand and five parts of gravel or stone.
All foundations and surfaces of Class A and Class B improved roads shall be restored with the same type of material and to the same depths as existed prior to the making of the excavation.
The foundation and surface of Class C improved roads or unimproved roads shall be made with such materials and in such manner as shall be directed in each particular case by the Superintendent of Roads.
In the event that any work performed by or for a permittee shall be, in the opinion of the Superintendent of Roads, unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him or in the event that the work for which the permit was granted is not completed within the time fixed by the Superintendent of Roads, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 15%, to the permittee or his surety.
Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Superintendent of Roads, in writing, on a form prescribed by him. A certificate of final inspection shall be issued by the Engineer to the permittee no sooner than two years after the permanent restoration of the opening or excavation has been made, provided that the work authorized by the permit has been performed according to Township specifications. Prior to the issuance of a certificate, the Superintendent of Roads shall make a final inspection of the restoration to determine whether Township specifications have been adhered to. Inspection fees shall be imposed as set forth in Chapter 172, Fees.
If any settlement in a restored area occurs within a period of two years from date of completion of the permanent restoration, it shall in general be as conclusive evidence of defective backfilling. Any expense which may be incurred by the Township in correcting such settlement shall be paid by the permittee or recovered from his bond, plus 15%.
In all cases where the five-year moratorium set forth in § 325-8 applies and permits are issued hereunder wherein the permittee is to restore the surface of the street, the following rules, regulations and requirements shall apply, in addition to Subsection A(1) through (9) above:
If it is necessary to open a street that has been paved within the last five years of the permit application as defined under § 325-8, the permittee shall be required to either:
The distances in either direction of the opening will be determined by the Township Superintendent of Roads based on the proximity to other roadways or utility concerns. In most cases, unless an infrared patch is used, final pavement restoration will encompass 50 feet in both directions of the opening for a full width of the existing road. The Township Superintendent of Roads may allow resurfacing to the center line of the road only if the opening is completed within one lane and does not involve disturbance across the center line.
Temporary and final pavement restoration shall be completed in accordance with Township standards, and milling will entail the full length and width that must be repaved.
The restoration of the pavement shall be done no less than 60 days after the opening and no more than 120 days after the opening. This will allow for any settlement in the trench to take place before the final pavement is placed. Exceptions to this time frame may be allowed by the Township Superintendent of Roads dependent upon the time of year, which can affect the availability of paving materials.
The Township Council may revoke any permit for noncompliance with any provision of this article. In any special case, the Township Council may, by resolution, impose special conditions to which the issuance of the permit shall be subject, or the Township Council may in any such case deem, by resolution, that any provision of this article shall not apply or shall be altered.
[Amended 3-10-2009 by Ord. No. 08-04]
Maintenance and repair of sidewalks. All sidewalks within the Township shall be maintained in good repair and nondangerous condition. It shall be the joint and several responsibility of the property owner and occupant(s) to maintain the sidewalks in good repair and nondangerous condition as defined herein.
Dangerous condition. A sidewalk is in dangerous condition if it has:
Any surface crumbling;
Cracks wider than one inch;
Holes, pits or other spaces in which an average person could trip and fall;
Uneven adjacent surfaces, commonly known as "rising" or "shifting," in excess of one inch; or
Any other defects which could cause a hazard to persons walking thereon.
Duty to repair. It shall be the joint and several duty of the property owner and occupant(s) to repair or replace any sidewalk which is in a dangerous condition or not in good repair.
Failure to repair. Should any property owner and/or occupant fail to repair or replace any sidewalk which is dangerous or not in good repair, the Director of Public Works, or designee, may order the property owner and/or occupant to repair or replace the sidewalk. If the property owner and/or occupant fails to repair or replace the sidewalk within 30 days of receiving written notice to do so, the Township may repair or replace the sidewalk and assess the costs to the owner's tax bill.
Notice to repair.
The Director of Public Works, or designee, shall notify each property owner and occupant of property with sidewalks needing repair, either by certified mail or personal service, that the sidewalk must be repaired. The notice shall contain a description of the property affected sufficient to identify it, a description of the repairs required and a statement that, unless the owner completes the repairs within 30 days after service of this notice, the Township will complete the repairs at the expense of the owner, and a lien will be placed upon the property. The cost paid and incurred by the Township for such repair shall be certified by the Director of Public Works to the Tax Collector, who shall examine such certificate and cause the cost as certified to be charged against the lands abutting or bordering such sidewalk. The amount so charged shall forthwith become a lien on such lands, and shall be added to and become and form a part of the taxes then next to be assessed and levied upon such lands, and shall be collected and enforced according to law. Any owner against whom any assessment shall be made by reason of this article may pay said assessment forthwith or may pay the same, at his option, in five equal annual installments, each installment to bear interest at the rate of 8% per annum. Each installment shall fall due annually at the same time the assessment for local taxes upon real estate falls due and shall be collected by the Tax Collector upon notice sent out by the Collector for local real estate taxes. The first installment shall be payable on the first day of February next after the work upon the property has been completed and the report of the cost thereof reported and certified as provided herein.
If the owner is unknown or if for any reason service cannot be made by certified mail, the notice shall be published in a newspaper at least once, not less than 30 days before the repairs are made.
No duty on Township of Ewing. Nothing herein shall be construed to create a duty for the Township of Ewing to inspect, fix, repair or otherwise maintain any sidewalk.
Permit required. No person shall construct, reconstruct or substantially repair any sidewalk, curb or gutter on any public street of the Township of Ewing without obtaining a permit from the Superintendent of Roads. The work shall be done in strict conformity with the Township specifications and grades and line of the Township Engineer for curbs and sidewalks.
Fee required. The fees for permits granted under the provisions of this section shall be as set forth in Chapter 172, Fees.
A separate permit for the performance of any work under the provisions of this section shall be issued for each lot, tract or parcel of land in front of or along which such work is to be done; provided, however, that where two or more lots, tracts or parcels of land actually adjoin and are owned by the same persons, a single permit may be issued to embrace the same (covering not more than 100 lineal feet for each permit).
A separate permit shall be required for the performance of work under the provisions of this section for each opening or driveway when all the land owned by the applicant shall extend more than 100 lineal feet.
This section shall not apply to any construction in connection with a major subdivision.