[Adopted as Art. 3 of Ch. 23 of the 1968 Revised Ordinances;
amended in its entirety 6-4-2014 by Ord. No. 2014-6 (Ch. 189, Art. V, of the 1986 Code)]
No person, firm, partnership or corporation shall open or dig
a trench in any public road, street, highway or sidewalk of this Borough
without having first:
A.
Made a written application therefor to the Borough of Penns Grove
in the County of Salem on forms to be provided by the Borough and
supplied a map or sketch of the project to the Borough.
B.
Paid the proper fee and escrow to said Borough for such opening or trench, in the amount specified by § 395-31.
C.
Provided the Borough cash, a letter of credit or surety company bond, in the amount specified by § 395-30, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the permanent closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond but shall not be less than $50. A utility company may, in lieu of giving a separate performance bond and separate maintenance bond on each project, keep in continuing effect and posted with the Borough Clerk a combination performance and maintenance bond or letter of credit for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this article and shall be approved as to form by the Borough Solicitor.
D.
Received from the Borough a written permit for the specific opening
or trench.
No person, firm or corporation shall 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, sidewalk or right-of-way
until a written permit for such opening or trench has been issued
by the Borough.
Each permittee shall accomplish each of the following items
with respect to each opening or trench for which the permittee is
responsible. The permittee shall:
A.
Have the trench or opening dug within 60 days after the permit aforesaid
is granted.
B.
Have the material which is taken from the opening or trench placed
so as not to interfere with public use of the roadway and/or sidewalk
areas.
C.
Have proper and ample guards, barricades, signs and lights maintained
on the site to sufficiently warn users of the road, street or highway
of the dangers attendant to the project, from the time the excavation
is begun until the time the opening or trench is completely restored
and completely reopened to public travel. The contractor is required
to perform work and traffic control in accordance with New Jersey
Department of Transportation (NJDOT) standards and the Manual on Uniform
Traffic Control Devices for Streets and Highways, United States Department
of Transportation.
D.
Assume full liability for any and all injuries caused by the negligence
of the permittee or the employees or agents of the 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 with
semipermanent materials immediately thereafter. Said period shall
not exceed 30 days.
F.
Comply with the following standards hereby adopted in this Borough
for such openings and trenches in public roads, streets and highways:
(1)
Protection for 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 Borough Engineer.
(2)
Protection from suits. The permittee shall also save harmless said
Borough of Penns Grove, 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 and semipermanently
patched immediately, and the pavement shall be permanently restored
within 60 days. 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 Borough Council may take steps
to restore 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 Borough Engineer.
(4)
Maintenance. The restoration of the opening or trench shall be maintained
by the permittee for one year after completion.
(5)
Excavation.
(a)
The permittee shall give a forty-eight-hour notice to the Borough
Clerk and Engineer or their duly authorized assistant prior to making
an opening, except in case of emergency.
(b)
No excavation work may commence until all existing utilities
underground are marked out in accordance with the Underground Facilities
Protection Act, better known as the "One-Call Law," established in
October 1994.[1] No opening shall be commenced on a Saturday, Sunday or
holiday, except in case of emergency.
[1]
Editor's Note: See N.J.S.A. 48:2-73 et seq.
(c)
On a bituminous-surface-treated road, the edges of the opening
shall be saw cut straight through the bituminous surface before the
trench is excavated.
(d)
The work shall be so conducted as not to interfere with the
water, sewer or other utility mains or any connections with buildings
until permission of the proper authorities shall have been obtained.
No excavation which will damage trees shall be made without the approval
of the Borough Engineer.
(6)
Backfilling. The permittee shall completely backfill the excavation
and replace as great a portion as possible of the material excavated,
compacting it by using mechanical tamping equipment, and supply additional
material when there is a deficiency. Whenever the Borough Engineer
or his duly authorized representative shall deem the material unsatisfactory
for backfill, the permittee shall backfill the trench with select
backfill material, Zone 3, compacted, and shall remove all excess
material from the premises. The material shall be placed in layers
not exceeding six inches in thickness, moistened where and as directed,
and each layer mechanically 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 any opening or trench in the earth shoulder,
the permittee shall restore the top four inches of the trench or opening
with topsoil with sufficient organic material capable of supporting
the growth of grass and shall fertilize, seed and mulch the surface.
(b)
In the case of a gravel pavement, the permittee shall fill the
top 12 inches of the excavated trench or opening with compacted, state-approved
I-5 road gravel.
(c)
In the case of a 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 mix asphalt (HMA).
(d)
In the case of a gravel-based bituminous concrete road, the
permittee shall restore the surface with six inches of compacted,
state-approved I-5 road gravel covered with two inches of hot mix
asphalt base, Mix 19M64, and two inches of HMA, Mix 9.5M64, top pavement
or surface and base similar to existing road, whichever is greater.
(e)
In the case of a bituminous-treated gravel road, the permittee
shall restore the surface with 12 inches of compacted, state-approved
I-5 gravel covered with two inches of HMA, Mix 9.5M64.
(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 Borough Engineer.
(g)
In the case of any special condition, the permittee shall restore
the trench or opening as directed by the Borough Engineer.
(h)
In any case, if the Borough is required to restore the pavement,
the final charges, based on the schedule of costs, shall be billed
to the permittee on the completion of the work by the Borough.
A.
Each applicant for a permit for such opening or trench shall post
cash, letter of credit or surety company bond with the Borough to
cover the estimated costs of closing the particular opening or trench
for which the application is being made, according to the Borough
Engineer.
B.
Each such letter of credit, surety bond or cash shall be executed
by the permittee as principal therein. 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, highway or sidewalk, in accordance with this article, the permittee shall receive back his performance guarantee upon proper written application therefor and upon approval thereof by the Borough Engineer and upon posting of the maintenance bond, letter of credit or cash described in § 395-27C.
A.
Each applicant for a permit shall pay a fee of $100 for such permit
and $250 for the permit review by the Borough Engineer. Said permit
fee shall be nonrefundable and shall be utilized to defer the administrative
costs of the Borough.
B.
In addition to the fee set forth herein, each applicant shall post an inspection escrow with the Borough Chief Financial Officer. Said escrow shall be in an amount determined as follows: the sum of $500 plus $2 per square/linear foot of surface opened in concrete or bituminous surface or $500 plus $1 per square foot of surface opened in earthen surfaces. Said escrow account shall be utilized to pay all professional services which shall be required in order to administer this article as it affects the proposed street/sidewalk opening, including engineering, legal and other expenses connected with the application. Sums not utilized shall be returned to the applicant once permanent paving has been in place for one year and is deemed in satisfactory condition by the Borough Engineer and release of the maintenance bond required pursuant to § 395-27C. If the applicant shall post such escrow but not proceed with the street opening as anticipated, the escrow shall be returned, less any charges made against said escrow, upon the abandonment or expiration of the permit.
C.
If the Borough Engineer determines that the escrow fund, as posted
by the applicant, is insufficient to pay for engineering, legal and
other expenses, then the applicant shall be required, upon written
notice, to provide such funds as the Borough Engineer shall determine
to be necessary to pay said costs. Upon notification, in writing,
the applicant shall post said amounts within five business days. Failure
to post the requested escrow shall result in the revocation of the
permit.
D.
The fee and escrow required under the provisions of this section
shall accompany the application made when it is initially filed with
the Borough or its representative.
A.
"Public utility," as used in this article, shall mean any public
or quasi-public agency or entity under the jurisdiction of the Board
of Public Utilities.
[Amended 7-5-2017 by Ord.
No. 2017-5]
B.
In order to satisfy the escrow requirements which are otherwise stated in § 395-31B, a public utility may post an escrow with the Borough Chief Financial Officer in the amount of $1,000 for repair or installation of services. Said escrow account shall be utilized to pay for all professional services which shall be required to administer this article as it affects the proposed street opening.
C.
Said escrow shall be administered by the Borough Chief Financial
Officer as follows: Whenever engineering, legal or other services
are rendered in connection with an application made by the public
utility, said expenses shall be paid from the escrow posted by the
public utility. Notice of such payment shall then be provided, in
writing, to the public utility. Said notice shall advise the public
utility as to the service rendered, the date the service was rendered
and the location of the street opening. The public utility shall then
reimburse the escrow in an amount equal to the expenses paid from
the escrow. Said reimbursement shall be made within 30 days of the
date that notice is provided to the public utility.
D.
In the event that a public utility does not post an escrow of $1,000 in accordance with this section, the public utility shall be required to abide by the provisions of § 395-31B, C and D. If the public utility fails to make reimbursement in accordance with Subsection C of this section in a timely fashion, notice of such failure shall be provided to the public utility, and, thereafter, the public utility shall be required to abide by the provisions of § 395-31B, C and D.
E.
In the event that there shall be a dispute between the Borough and
the public utility as to the validity of any charge or expense paid
from the escrow established under this section, notice of such must
be provided by the public utility to the Borough Chief Financial Officer
within 30 days of the date that the public utility receives notice
of the charge or expense which is disputed. Any dispute shall be resolved
by the Borough Council in its sole discretion.
F.
In the case of utility main replacements or extensions, the applicant
shall post an escrow with the Borough Treasurer in the amount of 3%
of the approved cost of construction. Said escrow account shall be
utilized to pay for all professional services which shall be required
in order to administer this article of the Borough of Penns Grove
Code as it affects the proposed street/sidewalk opening, including
engineering, legal and other expenses connected with the application.
The applicant shall pay the permit fee and application by two separate
checks to the Borough.
Unless otherwise directed by the Borough Council, the Borough
Engineer shall be the agent and representative of this Borough to:
A.
Review and approve road opening applications.
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 the respective sites by the
permittee.
D.
Inspect the closing of openings or trenches and the restoration of
public roads, streets and highways.
E.
Notify the permittee and the Borough Council of any failure, refusal
or neglect on the part of the permittee or his employees or representatives
to comply herewith.
F.
Inspect the trench opening at the end of the maintenance period,
report any discrepancies, coordinate with the permittee to address
discrepancies and make recommendation to release the bond/guarantee
upon proper completion of the work.
G.
Administer the provisions of this article for and on behalf and in
the name of this Borough, under the direction of and for the Borough
Council.
Nothing in this article shall be 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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Any person, firm or corporation violating any provision of this
article shall be punishable by one or more of the following: imprisonment
in the county jail for a term not exceeding 90 days, a fine not exceeding
$2,000, or a period of community service not exceeding 90 days. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons or entities allowing
or permitting the continuation of the violation may be punished for
each separate offense.
