[Adopted 12-5-1972 by Ord. No. 13-72 (Ch. 91, Art. III, of
the 1972 Code)]
No person, firm, partnership or corporation shall open or dig
a trench in any public road, street or highway of this municipality
without first having done each of the following:
A.
Made a written application therefor to the Township on forms to be
provided by the Township, which application shall state the purpose
thereof, such as an opening or excavation for sewer, water, gas, telephone,
electric or any other purpose. Attached to the application shall be
a sketch, in duplicate, showing the location and type of work to be
done pursuant to the provisions hereof. The officer charged with the
responsibility of accepting the application shall submit said sketch
to the Township Engineer and the application and sketch to the Chief
of Police or his designated representative. Upon approval by the Township
Engineer and Chief of Police that said application is in compliance
with all state and municipal laws and regulations, the permit shall
be issued, subject, however, to any conditions which may be imposed
by said Township Engineer or said Chief of Police, reasonably related
to the health, safety and welfare of the Township residents and those
who travel upon its road. Wherever in this article the Township Engineer,
Chief of Police or other Township officer is designated, the reference
therein may equally apply to any designated representative of the
same.
B.
Paid the proper fee to said Township for such opening or trench as
hereinafter determined.
C.
Given the municipality a cash or surety company bond to guarantee
that the opening or trench made by the permittee will be properly
closed and the road, street or highway over the same and the surrounding
improvements or facilities reconstructed so that it will remain in
good condition for at least one year after the closing by the permittee.
[Amended 5-14-1984 by Ord. No. 23-84]
D.
Received from the Township a written permit for the specific opening
or trench.
No person, firm, partnership or corporation shall open or dig a trench, or direct or cause any employee, agent or contractor of such person, firm, partnership or corporation to open or dig a trench, in any public road, street or highway until a written permit for such opening or trench has been issued by the Township, except that openings may be made without the necessity of written application, as hereinbefore provided, in emergencies such as a broken or frozen water main, gas leak or other happening which would endanger public life, health and safety; provided, however, that notice thereof shall be immediately given verbally to the Township Engineer, Superintendent of Public Works or Police Department and written application in accordance with § 372-11 is made within 72 hours.
Each permittee shall do each of the following things with relation
to each opening or trench for which the permittee is responsible:
A.
Have the trench or opening dug promptly after the permit aforesaid
is granted, but in no case later than 48 hours.
B.
Have the material taken from the opening or trench placed so as not
to interfere with public use of highway.
C.
Have proper and ample guards, barricades, signs and lights maintained
on site to sufficiently warn users of the road, street or highway
of the dangers attendant to the project, from the time the opening
or trench is started until the road, street or highway is completely
restored and completely reopened to public travel. The type of guard,
barricade, sign and light to be utilized shall be in compliance with
specifications or standards contained in the manual entitled "Uniform
Traffic Control Devices," a copy of which shall be available at the
office of the Chief of Police, and the Chief of Police must approve
the actual installation of same in each case, both as to location
of same and as to compliance with said specifications and standards.
D.
Assume full liability for any and all injuries caused by the negligence
of permittee or the employees or agents of permittee in constructing
such opening or trench as well as in its maintenance or closing.
E.
Keep said opening or trench open a minimum period of time to accomplish
the purpose of the permittee, and close such opening or trench just
as soon as possible thereafter.
F.
Comply with the following standards hereby adopted in this municipality
for such openings and trenches:
(1)
Protection of traveling public. The permittee shall keep such opening
or trench properly guarded and at night have lights placed thereat,
and in doing the work interfere as little as possible with the travel
along the road, and open no greater part of the road at any time than
shall be allowed by the Superintendent of Public Works.
(2)
Protection from suits. The permittee shall also save harmless said
Township of Jackson, its officers and servants from and against any
loss, injury or damage resulting from any negligence or fault of the
permittee, his agents or servants in connection with the performance
of the work covered by the permit.
(3)
Time limit. The opening or trench shall be backfilled immediately
and the pavement shall be restored within two weeks. In case the work
has not been completed before the day of expiration as shown in the
permit and the permittee has not requested an extension of time, the
Superintendent of Public Works 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 Superintendent
of Public Works.
(4)
Maintenance. The restoration of the opening or trench shall be maintained
for one year after completion.
(5)
Excavation.
(a)
No opening shall be commenced on a Saturday, Sunday or holiday,
except in case of emergency.
(b)
On a bituminous-surface-treated road, the edges of the opening
shall be cut straight through the bituminous surface before the trench
is excavated.
(c)
The work shall be so conducted as not to interfere with the
water, sewer or gas mains or any connections with buildings 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. No excavation which
will damage trees shall be made without the approval of the Superintendent
of Public Works.
(6)
Backfilling. The permittee shall completely backfill the excavation
and replace as great a portion as possible of the material excavated,
compacting it by flushing, tamping or other suitable means, and supply
additional material when there is a deficiency. Whenever the road
foreman shall deem the material unsatisfactory for backfill, and his
decision shall have been concurred in by the Superintendent of Public
Works or his duly authorized assistant, the permittee shall backfill
the trench with sand, hard-coal cinders or other proper material acceptable,
compressed as required, and shall remove all excess material from
the premises. If tamping alone is employed, the material shall be
placed in layers, not exceeding six inches in thickness, moistened
as directed, and each layer energetically tamped until thoroughly
compacted.
(7)
Restoration of surface paving and surface paving foundation. After
the backfilling of the opening or trench has been completed as above
specified, the restoration of the pavement shall be governed by the
following applicable rules:
(a)
In the case of an opening or trench in the earth shoulder, the
permittee shall restore the top four inches of the trench or opening
with material capable of supporting the growth of grass, and shall
fertilize and seed the surface with grass seed.
(b)
In the case of a gravel pavement, the permittee shall fill in
the top eight inches of the excavated trench or opening with compacted
Grade A road gravel.
(c)
In the case of penetration macadam road which consists of broken
stone of various sizes, the permittee may salvage the broken stone
and replace it in the top of the trench similar to the original pavement
and cover it with two inches of hot-mixed bituminous concrete.
(d)
In the case of a gravel-based bituminous concrete road, the
permittee shall restore the surface with six inches of compacted Grade
A road gravel covered with two inches of hot-mixed bituminous concrete.
(e)
In the case of a bituminous-treated gravel road, the permittee
shall restore the surface with six inches of compacted Grade A road
gravel covered with two inches of either mixed bituminous material
or hot-mixed bituminous concrete.
(f)
In the case of a concrete surface, the permittee shall construct
a concrete foundation and shall restore the reinforcement and the
concrete pavement as directed by the Superintendent of Public Works.
(g)
In the case of any special condition, the permittee shall restore
the trench or opening as directed by the Superintendent of Public
Works. If the Township is required to restore the pavement, the final
charges, based on the schedule of costs, will be billed to the permittee
on the completion of the work by the Township.
(h)
No newly paved road shall be opened for a period of three years
from the date of acceptance by the Township unless such road is overlaid
along the entire length of the opening for the full paved width of
the roadway for longitudinal trenches and 25 feet on either side for
the full paved width of the roadway for perpendicular trenches or
other openings. The overlay shall consist of one inch of bituminous
concrete type FABC (Mix 1-5), and the transition to existing pavement
shall be constructed as a butt joint. Feathering of the overlay is
prohibited.
[Added 5-21-1990 by Ord. No. 29-90]
(8)
Compliance. If the work is not being performed in accordance with
the provisions of this article, or if the work is being performed
in a manner which is hazardous to the safety and well-being of the
public, then the Township Engineer and/or the Chief of Police shall
issue a stop notice to the permittee or to the person or persons actually
in charge of the work at the location thereof. Upon the issuance of
the stop notice, the progress of the work shall cease until the defects
are corrected and the stop order rescinded. In the event of such noncompliance,
the permittee shall be responsible for reimbursing the Township for
any engineering or other professional fees and other incidental costs
which may be incurred by the Township.
[Amended 5-14-1984 by Ord. No. 23-84]
(9)
Clearance of roadway. All work shall be performed in such a manner
that all streets, roads or highways shall be at all times accessible
for the passage of fire apparatus, mail delivery, police vehicles,
school buses, ambulances and all other emergency or essential equipment.
Access to fire hydrants, intersecting streets and private driveways
shall be maintained at all times during the course of the work. The
permittee shall conduct operations so as to cause as little interference
to traffic as possible. Trenches shall be opened for a distance of
not more than 300 feet in advance of the laying of the subsurface
structures. Transverse openings involving the full width of any roadway
shall be made so that only 1/2 of any road or thoroughfare will be
obstructed at any one time. The complete blocking of any road or thoroughfare
is prohibited except upon the express written authorization of both
the Township Engineer and the Chief of Police. Whenever possible,
services shall be driven or bored.
(10)
Traffic. Traffic on all roadways within the Township is under
the direct supervision and control of the Police Department, and any
persons employed by a permittee to regulate or supervise traffic during
the performance of work in accordance with this article shall be such
a person authorized to do so by Title 39 of the Revised Statutes of
the State of New Jersey.
(11)
Emergencies. The permittee shall at all times while work is
in progress maintain with the Police Department and Superintendent
of Public Works the names and telephone numbers of responsible representatives
of the permittee who may be contacted to correct any hazardous or
emergency condition which may arise at times other than during the
normal working hours. In order to expedite emergency repairs at times
other than the normal working hours, permittee shall have such representatives
available for immediate duty and shall have stockpiled at strategic
locations sufficient materials suitable for emergency repairs.
(12)
Obstructions. During nonworking hours, roadway lanes and shoulders
shall be kept free of obstructions, including construction vehicles
whenever they may present a hazard to passing traffic. This shall
apply to sidewalks and walkways. In the event an obstruction cannot
reasonably be removed, it shall be the responsibility of the permittee
to so mark the obstruction as to eliminate any hazard to vehicular
traffic and, in the event the obstruction is to pedestrian traffic,
to provide a safe passage area for said pedestrians.
A.
Each applicant for a permit for such opening or trench shall post
a cash or surety company bond with the municipality to cover the estimated
costs of closing and fully and completely restoring the particular
opening or trench for which the application is being made, as well
as to cover the repairs to any surrounding roadway, curbing, gutters,
sidewalks, landscaping or other surrounding improvements or facilities
which may have been damaged by the project, according to the following
schedule of estimated costs:
[Amended 5-14-1984 by Ord. No. 23-84]
|
Schedule of Estimated Costs
| ||
|---|---|---|
|
Type
|
Fee
(per square yard)
| |
|
Earth surface
|
$5
| |
|
Gravel surface
|
$6
| |
|
Bituminous surface
|
$18
| |
|
Continuous pavement and concrete foundation
|
$35
| |
B.
Each such surety bond shall be executed by the permittee as principal
therein, and the surety company shall be the surety therein, which
surety company shall be one licensed to do business in the State of
New Jersey.
C.
Upon completion of the project by the permittee and the restoration
of the public road, street or highway and surrounding improvements
or facilities in accordance with this article, the permittee shall
receive back his bond one year after the completion of the project,
upon proper written application therefor, subject to the approval
thereof by the Superintendent of Public Works. Said bond or cash deposit
shall be for the purpose of guaranteeing that the restoration shall
remain in good condition for at least one year after the completion
of the project.
[Amended 5-14-1984 by Ord. No. 23-84]
D.
A utility company may, in lieu of giving a separate bond on each project, annually, once in January each year, give such a bond for $5,000, provided that, when the total of all bonds required by such utility company reaches $5,000, such utility company may either give an additional bond or deposit cash security in an amount equal to the performance bond required by Subsection A of this section for any additional openings or trenches it desires to make in that calendar year.
[Added 5-14-1984 by Ord. No. 23-84]
[Amended 5-14-1984 by Ord. No. 23-1984; 5-13-1991 by Ord. No.
16-91]
A.
The following schedule of fees is hereby fixed, determined and established
as being the fees to be paid in the Township for the issuance of permits
and for other Township services in connection with the servicing of
such permits and such openings and trenches to proper restoration:
[Amended 8-26-1991 by Ord. No. 30-91]
|
Schedule of Fees
| ||
|---|---|---|
|
Openings
(length in feet)
|
Fee
| |
|
Up to 3 feet by 3 feet
|
$100
| |
|
From 3 feet to 500 feet
|
$3 per foot, with a minimum of $300
| |
|
In excess of 500 feet
|
$1 per additional foot
| |
B.
Such fee shall accompany the application when filed with the Township
or its representative.
The fees referred to in § 372-15A hereof shall be turned over to and become the property of the municipality and paid by the Superintendent of Public Works to the Township Treasurer monthly, accompanied by a written statement of the source of each fee.
The Superintendent of Public Works shall be the agent and representative
of this municipality to:
A.
Receive all applications, fees and bonds hereunder.
B.
Inspect the sites of the proposed openings or trenches.
C.
Inspect openings or trenches, warning guards, barricades, signs and
lights maintained or to be maintained at respective sites by permittee.
D.
Inspect closings of openings or trenches and restoration of public
roads, streets and highways.
E.
Notify permittee or municipality, or both, of any failure, refusal
or neglect on part of permittee or his employees or representatives
to comply herewith.
F.
Make complaint and prosecute for and on behalf of this municipality
any offense under this article.
G.
Administer the provisions of this article for and on behalf and in
the name of this municipality, under the direction of and for the
Township Committee, the governing body of this municipality.
The designation "public road, street or highway," as used in
this article, shall include the right-of-way, either dedicated to
or owned by the Township.
Notwithstanding anything to the contrary contained in this article,
no person, firm, partnership or corporation shall place pipelines,
conduits or similar objects on or above the surface of the ground
in any public road, street or highway unless in compliance with all
provisions of this article governing the opening or digging of a trench
as though same applied to the placement of said pipeline, conduit
or similar object, except that those requirements which apply exclusively
to trenches or excavations shall not apply hereto.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
not exceeding $500 or imprisonment for a term not exceeding 90 days,
or both, in the discretion of the Municipal Judge.
A.
Nothing in this article shall be understood or construed by any permittee
or other person to absolve any permittee or his employees, agents
or contractors of any responsibility for any damage done to any person
or property in opening or digging a trench in any public road, street
or highway.
B.
In the event that any permittee or his employees, agents or contractors
or any other individual who performs work under a permit authorized
by the provisions of this article causes damage or injury to any person
or property or fails to fully and completely restore the particular
opening or trench or fails to repair the surrounding roadway, curbing,
gutters, sidewalks, landscaping or other surrounding improvements
or facilities or otherwise damages such facilities, such permittee
or other individual shall be fully responsible for any such claims
and damage for damages in a civil action or proceeding.
[Added 5-14-1984 by Ord. No. 23-84]
