Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 138.
Land use and development — See Ch. 220.
Property maintenance — See Ch. 278.
Skateboards — See Ch. 306.
[Adopted 8-9-1962 (Ch. 120 of the 1981 Code)]

§ 326-1 Permit required.

It shall not be lawful for any person or persons, firm or corporation or any agent, servant or employer of any such person or persons, firm or corporation, on or after the effective date of this article, to dig up and excavate or make any opening in any street, road, avenue or highway owned or under the jurisdiction of the Township of Marlboro, or in any portion thereon, within the territorial limits of the Township of Marlboro for any purpose whatsoever without first having obtained a written permit on such forms as shall be approved by the Township Council of the Township of Marlboro and upon compliance with the provisions of this article. Such application for said permit and, the issuance of same shall be made to and by the Township Clerk of the Township of Marlboro. Permits shall not be issued for a period in excess of three months, and expired permits may be renewed upon written request.

§ 326-2 Procedure for obtaining permit.

Every applicant for a permit for the purposes stated in § 326-1 shall make such application on the form provided by the Township as aforesaid provided in § 326-1 hereof, the above application shall be in triplicate upon forms approved by the Township Council and shall contain the following information:
A. 
When the work shall begin, how long the trench shall be open, what distance from the center of the road shall the trench be dug and a diagram pertaining thereto, a description of any special conditions, the name of a person and address of one who may be served with any notice as provided in this article and such additional information as the Township Council by resolution shall require.
B. 
The application shall further provide that the applicant agrees to open no greater part of the road, street or highway at any time than shall be approved by the road foreman or other person in charge for the Township Council.
C. 
Every application shall be submitted with a fee of $100, plus a minimum deposit of the greater of $500 or $25 per square foot. For services and inspections made by the Township of Marlboro, the Township of Marlboro shall be entitled to a fee to be paid out of the deposit in addition to the permit fee of $100. This fee shall be calculated as follows: $8 per linear foot measured along the longest section of the cut for the first 50 linear feet; $3 per linear foot for the next 150 linear feet; $1.50 per linear foot for the next 300 linear feet; and $1 per linear foot thereafter [after 500 linear feet]. However, in the case of standard square openings measuring three feet by three feet, the fee for services and inspection shall be $150. Said deposits shall be paid by certified check made payable to the Township of Marlboro and shall be held until the work has been completed and approved and accepted by the Municipal Engineer for the Township of Marlboro. At the time of completion and acceptance, the deposit remaining after subtracting the fee payable to the Township of Marlboro shall be returned. The acceptance of said work and the approval thereof by the Municipal Engineer shall be indicated by his written approval and acceptance. The fee for a new apron or to replace the existing is $100 per curbcut/apron.
[Amended 8-17-1989 by Ord. No. 43-89; 5-24-1990 by Ord. No. 25-90; 10-7-1993 by Ord. No. 48-93; 2-17-2011 by Ord. No. 2011-1; 2-25-2016 by Ord. No. 2016-4]
(1) 
In lieu of the five-hundred-dollar deposit required in § 326-2C, a public utility may substitute a surety bond, cash bond or letter of credit running to the Township of Marlboro in the amount of $20,000 for minimum deposits. Public utilities will then prepay inspection fees at the time of the filing of an application pursuant to § 326-2C.
(2) 
Inspection fee per opening for each curb/apron provided for in the road opening permit: $75.
D. 
In the event that the work shall not be satisfactorily completed in accordance with the provisions of this article and is, therefore, not accepted by the road foreman or other person in charge for the Township Council, the Township may do the necessary work, at its election, to complete the same, and the cost thereof shall be deducted from and out of the deposit money so posted, as aforesaid required; and upon the completion of the work by the Township and within two weeks thereafter, the final charge made therefor will be billed to the permittee, and the original deposit, to the extent that it will pay the same, will be credited against the total cost, and in the event that the deposit exceeds the amount of the total cost, the amount left over, or the surplus, will be returned to the permittee.
E. 
The cost to the Township for doing said work shall be on the basis of and according to the following schedule of costs, namely:
(1) 
The cost to the Township shall be on the basis of and according to a computation to be made by the road foreman, which shall include the actual cost of all material and labor incurred by the Township in connection therewith, plus an additional 10% to cover the service rendered by the Township and the overhead in connection therewith.
(2) 
The road foreman or other person in charge for the Township Council may delay any approval and acceptance as provided herein for a sufficient period of time to allow the fill in any opening to settle, and he shall determine the time when final acceptance and approval shall be given of the fill and other work as required pursuant to this article.
F. 
If the work is satisfactorily performed and accepted by the road foreman, the deposit to be returned, as aforesaid mentioned, shall be returned within one week after such acceptance.

§ 326-3 Bond requirements.

[Amended 8-17-1989 by Ord. No. 43-89; 5-24-1990 by Ord. No. 25-90]
In addition to the deposit required by § 326-2, the permittee shall post a surety bond, cash bond or letter of credit for the benefit of the Township of Marlboro in an amount equal to double the amount calculated in accordance with § 326-2C. The bond required by this section shall guarantee the faithful performance of the permittee of all of the provisions of this article under which the permit is issued, and which bond shall remain and be effective during the term of the permit granted or any renewal or extension thereof and until the work has been inspected and accepted by the Township through its Municipal Engineer or his designee.

§ 326-4 Regulations and conditions for the issuance of permits.

A. 
Every permittee under any permit issued hereunder shall fully comply with the following rules, regulations and conditions, and in addition to any other remedies available to the Township, the Township shall have the right at any time when the interest of the public requires it, upon failure of the permittee to comply with any of said rules, regulations and conditions, to suspend or revoke any permit issued to such permittee who has violated or is violating any of such rules, regulations or conditions. Revocation may be by a written notice to that effect, served upon the foreman or other person in charge of the work of the applicant or any other person and at any other address furnished in the application. A hearing on any revocation or suspension may be had before the Township Council upon application for same being made by the permittee and upon giving five days' notice to that effect and by serving said notice upon the Township Clerk.
(1) 
Protection for traveling public. The permittee shall have such opening properly guarded and at night shall have adequate and sufficient lights placed thereat. In doing the work there shall be as little interference as possible with travel along the road, and no greater part of the road shall be opened at any time than shall be allowed by the road foreman or other person in charge. Transverse openings involving the full width of the highway shall be made so that only 1/2 of the highway will be obstructed at any one time. The work shall be scheduled and executed so as to present a minimum of inconvenience to the traveling public. Where feasible, pipes, mains and conduits shall be bored under all pavements. Tunnels may be driven if and where directed.
(2) 
Protection from suits. The permittee shall save harmless the Township of Marlboro, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his or its agents or servants in connection with the performance of the work covered by the permit.
(3) 
Time limit. In case the work has not been completed before the day of expiration as shown on the permit and the permittee has not requested an extension of time, the road foreman or other person in charge may, if he deems it advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued, and, if any extension of time beyond said date is needed for the completion of the work, a new application must be filed, if required by the road foreman or other person in charge.
(4) 
Excavation. The work shall be so conducted as not to interfere with any existing water main, sewer, gas or telephone or their connections with houses or so as to damage any existing trees or roots thereof, until permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting.
(5) 
Backfilling and temporary paving. The permittee shall completely backfill and puddle the excavation and the trench with sand, gravel or other proper material, acceptably compressed as required, and shall remove excess material from the premises. If tamping alone is employed, the material shall be placed in layers not exceeding six inches in thickness, moistened if directed, and each layer shall be energetically tamped until thoroughly compacted. Longitudinal ditches may be compacted by rolling with suitably heavy mechanical, self-powered rollers. Dual-tired trucks shall not be used for said purpose. Trenches may not be flushed except under specific permission of the road foreman or other person in charge. If, for any reason, immediate replacement of permanent pavement is not feasible, the excavation shall be backfilled and consolidated as specified above, after which not less than three inches of hot patch material shall be placed to street or road grade. The permittee is required to maintain the temporary pavement in a satisfactory condition until permanent repairs are made.
(6) 
Replacement of pavement on concrete base. To prepare for restoration of the original pavement, the following rules shall govern: The foundation shall first be restored to a width of not less than 12 inches wider than the width of the trench or opening and not less than 12 inches longer than the length of the trench. The surface pavement shall extend 12 inches wider than the width of the foundation and 12 inches longer than the length of the foundation. The foundation or base shall be composed of cement concrete of a mixture by volume of one part cement, two parts concrete sand and four parts coarse aggregate. This cement concrete foundation replacement shall be squared up horizontally, and the edges of the cut trimmed to an approximately vertical plane. In no case shall the concrete base be less than nine inches in depth. All surface replacement shall duplicate, as closely as possible, the original pavement in type, material, color and texture of surface. Reinforcement, if any, in concrete base shall be restored in accordance with instructions under Subsection A(7), Replacement of concrete surface.
(7) 
Replacement of concrete surface. To prepare for the restoration of concrete pavement, the following points are to be observed: The hole is to be squared with the sides truly parallel and perpendicular to the center line of pavement and not closer than 18 inches to any expansion joint. All concrete reinforcement shall be replaced. The type of reinforcement and its spacing may be ascertained while the old concrete is being removed, such reinforcing and spacing shall be duplicated in the restoration. New reinforcing shall be lapped at least 30 diameters and tied to the reinforcing, which shall be bent back while the work is being done. Where restorations are made in pavement not reinforced, reinforcement of a type and spacing to be determined by the road foreman or other person in charge may be required. The concrete mixture to be used shall be determined by the size of restoration. For general work, this proportion shall range between 1:1 1/2:2 and 1:1 3/4: 3 1/2, the former mix being used for patches averaging two square yards or less. A three-quarter-inch coarse aggregate shall be used in the former mix, and a larger coarse aggregate shall be used in replacements of three square yards or more. Commercial high early-strength cements shall be used in all restoration unless permission for the use of standard portland cements with additives to produce high early strength is granted by the road foreman or other person in charge. Central or transit mix concrete is acceptable where approved by the road foreman or other person in charge, and, unless otherwise specifically authorized, concrete pavement openings shall be at least two feet from the sides and ends of slabs. If necessary to make an opening adjacent to a joint, a reinforcing sill or bolster 12 inches 12 inches shall be constructed under the edge of adjacent slabs.
(8) 
Restoration of surface paving and surface paving foundation. After backfilling of a trench has been completed as above specified, replacement of the surface pavement of bituminous surface treatment will be made by the permittee. In case of clay gravel pavement, the permittee shall fill in the top eight inches of the excavated trench with compacted Grade A road gravel. If the trench backfill has not been properly made or compacted by the permittee, or if replacement of the surface pavement has not been properly done, the road foreman or other person in charge will charge the permittee for the cost of labor and materials necessary to complete and consolidate the backfilled trench in a satisfactory condition and to provide the necessary bituminous surface treatment of the surface patch.
B. 
The Mayor and Township Council reserves the right to remove and replace any defective patchwork or surface treatment work made by the permittee and charge the cost of labor and materials for such removal and replacement to the permittee, in accordance with the charges provided for under § 326-2 hereof.
C. 
In no event shall any opening or excavation be made in any public street, road or highway within the Township of Marlboro which shall be of a greater size or length than can be filled in and completed within 48 hours by the available material and equipment located at the site for the doing of said work.
D. 
If any opening herein authorized and of the type herein authorized is not completely enclosed at night or is partially completed and not finished, then, during the hours of dark that such excavation continues in existence in such manner, there shall be, in addition to any other precautions required for the safety of the public, during the daytime, sufficient barriers which shall be lighter with sufficient lighting so as to enable the public using said public street, road or highway to be warned of the presence of same therein, which lights or flares so used shall be of such size and be so constructed that they shall be visible for a distance of at least 200 feet from their location and shall be placed at each end of the excavation, so that there shall be at least one of such lights or flares at each end thereof, which shall be located at a distance not closer than 50 feet to said opening in both directions. This requirement for one of such lights or flares at each end shall be considered to be a minimum requirement in connection with any such excavation left unattended or exposed at night and shall not relieve any person from otherwise providing other adequate barriers and lights as may be reasonably required to safeguard the public.

§ 326-5 Violations and penalties.

[Amended 12-10-1981 by Ord. No. 47-81]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties in § 4-3 of the Code.
[Adopted 7-24-1986 by Ord. No. 24-86 (Ch. 127 of the 1981 Code)]

§ 326-6 Purpose.

[Amended 10-28-1993 by Ord. No. 54-93]
It is the express intent of the governing body of the Township of Marlboro to continue its existing policy with regard to sidewalks, curbs and gutters, except that the provisions of N.J.S.A. 40:65-1 et seq. shall be applied to hold abutting landowners responsible for the repairs and reconstruction of the sections of the sidewalk, curbing and other concrete improvements where the repairs are necessary because of a condition attributable to the acts or negligence of the abutting property owners, of his predecessor in title or of anyone for whose acts or negligence the abutting property owner or predecessor in title is chargeable.

§ 326-7 Notice and procedures.

The Municipal Engineer or his designee shall give notice and proceed in accordance with the standards contained in N.J.S.A. 40:65-14.

§ 326-8 Standards for repairs.

Attached to the notice required in the foregoing section shall be the standards required by the Township of Marlboro for the repairs to be made by the abutting property owner. The abutting property owner shall comply to those standards. The Municipal Engineer or his designee shall certify as to the compliance to the municipal standards.

§ 326-9 Annual review.

The Municipal Engineer shall, at least once each year, prepare a list of those areas requiring repairs pursuant to this article. Upon receipt of the list, the governing body shall prepare the required resolution in accordance with N.J.S.A. 40:65-14.

§ 326-10 Sidewalk replacement permit fee.

[Added 2-17-2011 by Ord. No. 2011-1]
A permit shall be required for all sidewalk replacements. The fee for such sidewalk replacement permit shall be $50 per 100 square feet of sidewalk to be installed.