Township of Wall, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Wall as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations associated with mining operations — See Ch. 150.
Excavations associated with soil removal operations — See Ch. 188.
Water and sewers — See Ch. 222.
[Adopted 11-8-1978 as Sec. 9-1 of the Revised General Ordinances]
A. 
No person, firm, corporation, or public utility company shall dig up any street or public place without first having obtained a permit therefor as provided in this article.
B. 
No permits shall be issued for any excavation in a street which has been resurfaced by or on behalf of the Township for a period of five years from the date of the acceptance by the Township of the resurfacing work. The Township Clerk shall maintain a list of all public streets resurfaced by, on behalf of, or at the direction of the Township within the five years immediately preceding the date of adoption of this subsection[1] and shall supplement the list of resurfaced streets as required. The list shall contain the name of each street which is resurfaced; the portion or portions of the street which have been resurfaced and the date of acceptance of the resurfacing improvements by the Township. The Township Clerk shall deny any application for a permit to excavate any street or portion thereof which has been resurfaced within the five-year period preceding the date of such application.
[1]
Editor's Note: Added 6-13-2001 by Ord. No. 24-2001.
Any person desiring to excavate or dig up any street or public place for the purpose of laying down pipes or conduits, or for any other purpose whatever, shall file an application with the Township Clerk containing a legible drawing of the proposed excavation and shall pay with such application to the Township Clerk for the use of the Township the fee prescribed in this article.
The applicant or other person desiring to excavate or dig up any street or public place for the purpose of laying down pipes or conduits therein shall pay to the Township Clerk a fee of $25 with the application, which shall permit an opening in any street or public place not to exceed three feet in diameter or three feet square. In the event the application proposes to open a street for a greater distance than above set forth, the applicant shall pay to the Township Clerk with such application, in addition to the aforementioned fee, the sum of $2 for each additional running foot of excavation.
All street excavations in the Township shall be subject to the following regulations:
A. 
The issuance of the permit shall be conditioned upon the posting by the applicant of an inspection fee and cash road restoration guarantee, the amounts of which shall be determined by the Township Engineer and based on the scope of work covered by the permit.
[Amended 5-12-2010 by Ord. No. 6-2010]
B. 
The area excavated shall be restored with stabilized base course level and shall be made flush with the existing pavement.
C. 
After the passage of 60 days and prior to the expiration of 90 days from the date of the completion of the work, the patched area shall be restored by an infrared pavement restoration process, or another pavement restoration process approved by the Township Engineer to an area two feet outside of the edge of the original cut, and bituminous concrete surface shall be installed over the extended area.
[Amended 5-12-2010 by Ord. No. 6-2010]
D. 
The Township Engineer shall inspect the restoration work. If the restoration work is properly and timely completed, the Township Clerk shall return the restoration deposit to the applicant. Should the Township Engineer determine that the restoration work has not been properly completed, or if the restoration work is not completed within 90 days, the restoration deposit shall be forfeited to the Township.
E. 
In the case of an excavation for the purpose of a water main tap or sewer lateral to be made by the Water/Sewer Utility Department where a street opening is required to perform the required work, the Water/Sewer Utility Department shall only temporarily restore the roadway. The applicant shall post the required inspection fees and cash restoration guarantees as required by Subsection A and shall be responsible for the final pavement restoration as required by Subsections B and C.
[Amended 5-12-2010 by Ord. No. 6-2010]
Upon receipt of the aforesaid application and fee, the Township Clerk shall refer the application to the Township Engineer for review. The Township Clerk shall, if appropriate, issue a permit authorizing the digging up of a street or public place for the purpose of laying down pipes or conduits therein to the applicant, and shall include such conditions to the permit as may be recommended by the Township Engineer. No opening may be made by virtue thereof except that which is delineated on the drawing hereinbefore referred to.
Any permit issued hereunder shall expire one month after the date of its issuance and shall be void thereafter.
No excavation shall be more than three feet in width.
Any person holding a permit to excavate in a public street or in a public place shall comply with all conditions of such permit and shall further comply with the provisions of Article II of this chapter.
A. 
The provisions of this article shall not apply to any street opening made for the purpose of an initial water tap or sewer connection made or approved by the Water/Sewer Utility Department, as required by the applicable water and sewer connection ordinances.[1]
[1]
Editor's Note: See Ch. 222, Water and Sewers.
B. 
At the time of a street opening made for the purpose of an initial water tap or sewer connection for a new structure, a street opening may also be made for other utility connections, subject to the conditions set forth in § 195-4B hereof.
C. 
The provisions of this article shall not apply to any street opening made for the purpose of providing utility services to a new single-family residence constructed on a vacant lot or constructed after the complete demolition of an existing residence.
[Added 9-17-2003 by Ord. No. 22-2003; amended 11-10-2004 by Ord. No. 30-2004]
No license under this chapter shall be issued until the Township Clerk receives a certification from the Tax Collector that all real property taxes and assessments are current and that no such taxes or assessments are then due and owing.
[Adopted 11-8-1978 as Sec. 9-2 of the Revised General Ordinances]
No person, firm, corporation, contractor or public utility shall conduct work on, under or above a public roadway without first contacting the Police Department Traffic Bureau in order to arrange a preconstruction meeting. There shall be submitted to the Traffic Bureau, either prior to or at the time of the preconstruction meeting, plans for the safe movement of traffic during the period of construction or repair work to be performed upon the public roadway. No work on, under or above a public roadway shall be commenced unless a traffic plan has been approved by the Traffic Bureau. Any person, firm, contractor or utility who fails to comply with this section prior to the commencement of such work, or whose plans are not approved by the Traffic Bureau is in violation of this article. The traffic movement plan submitted to the Traffic Bureau shall also include the proposed routes of travel of all construction vehicles and equipment for the approval of the Traffic Bureau.
A. 
Any person, firm, contractor or utility performing repair, maintenance or construction work upon a public roadway shall provide the Traffic Bureau, prior to the commencement of such work, with at least two emergency contact telephone numbers to be called in the event an emergency arises at the site.
B. 
Should the Traffic Bureau, for any reason, not be able to reach the emergency contacts, or if the contact person does not respond to a call from the Police Department in the event of an emergency or to correct a hazardous condition, the Police Department may take such action to correct any emergency or hazardous condition. The reasonable costs of such correction incurred by the Township shall be charged to, and paid by the person, firm, contractor or utility responsible for the work.
A. 
No person, firm, contractor or utility shall perform construction, maintenance, repair or utility work on any public roadway in the Township, except between the hours of 9:00 a.m. and 4:00 p.m.
B. 
Should the Traffic Bureau determine that the proposed work would not substantially delay traffic, or cause a safety or health hazard if performed at other hours, a waiver may be granted to permit such work to be performed either prior to 9:00 a.m. or after 4:00 p.m.
No person, firm, contractor or utility shall close a public roadway or detour traffic on a public street unless prior approval therefor has been issued by the Traffic Bureau.
Traffic directors shall be posted at all construction, maintenance or utility sites on public roadways as directed by the Traffic Bureau when the Bureau determines that traffic directors are required to provide for the safety and expeditious movement of traffic.
Should construction, maintenance repair or utility work upon any public roadway in the Township be performed in such a manner as to create a nuisance or safety or health hazard, or if such work is performed in violation of any section of this article, the Traffic Bureau shall issue a stop-work order and may, if necessary, order removal of equipment, vehicles and stored material from any public right-of-way, and may further order the backfilling of open excavations or related work.
Any person, firm, corporation, contractor or public utility who violates any provision of this article shall be subject to a fine of not more than $1,250 or imprisonment in the county jail, or in any other place provided by the municipality for not more than 90 days, or both, or 90 days' community service in the discretion of the court or judicial officer before whom a conviction may be had. Each and every day that such violation continues shall be considered a separate and specific violation of this article.