[Adopted 10-13-64]
[Amended 7-7-08 by Ord. No. 08-11]
As used in this Article, the following terms shall have the
meanings indicated:
Any road surfaced with a pavement such as asphalt, concrete,
bituminous concrete, or similar pavement and any road having a concrete
base.
[Amended 7-7-08 by Ord. No. 08-11]
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Township of East
Brunswick as a public street, as well as any state or county road
or highway over which the township has acquired jurisdiction by agreement.
Any cinder, dirt or gravel road without oil treatment and
all other roads under the jurisdiction of the Township of East Brunswick.
[Amended 7-7-08 by Ord. No. 08-11]
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a road opening permit.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work was begun.
C.
Road opening permits may be issued to other public bodies without
fee.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
Applications for a road opening permit shall contain the following
information:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C.
The Township of East Brunswick Tax Map block and lot number of the
property for the benefit of which the opening is to be made.
D.
Nature of the surface in which the opening is to be made.
E.
Character and purpose of the work proposed.
F.
Time when the work is to be commenced and completed.
G.
Each application shall be accompanied by a sketch showing the location
and dimensions of all openings.
[Amended 7-7-08 by Ord. No. 08-11]
H.
The names of streets that will be utilized by the Applicant's Construction
Vehicles to and from the worksite and other sub contractors who may
provide vehicles by either hire and or lease arrangements with the
Applicant.
I.
Certificate of Liability Insurance naming the Township of East Brunswick
as an additional insured.
[Added 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
Permits shall be issued under the authority of the Manager of
Engineering Services or his/her designee and in accordance with the
provisions of this Article.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 9-11-89 by Ord. No. 89-59; 7-7-08
by Ord. No. 08-11]
Each permit shall state the identity and address of the applicant,
the Company performing such construction, the names of the Companies
that will be providing construction equipment for both on or off site
use for the transportation of materials, the location where the excavation
or tunnel is to be made, the dimensions of the opening and the period
during which the permit shall be valid.
[Amended 9-30-74 by Ord. No. 74-91-C; 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409;
5-22-89 by Ord. No. 89-24; 7-7-08
by Ord. No. 08-11]
A.
A fee must be paid when the application is made. The applicant shall
be charged a fee of fifty dollars ($50.) for each permit. In addition,
the applicant shall post cash or certified check deposit according
to the following schedule
[Amended 7-7-08 by Ord. No. 08-11]:
(1)
Opening an improved road: Two thousand dollars ($2,000.)
[Amended 7-7-08 by Ord. No. 08-11]
(2)
Opening an unimproved road, opening in the right-of-way, behind the
curb, or opening the unpaved shoulder of the road in the public right-of-way:
Two hundred dollars ($200.).
(3)
A deposit of three hundred fifty dollars ($350.) shall be charged
for a tunneling operation.
B.
The deposit set forth above is predicated on an excavation which
involves a perpendicular trench four (4) feet wide from the center
of the street to the curbline. Where an excavation of greater area
is required, an additional deposit proportioned to the increased size
of the excavation shall be required. Where the excavation is to be
made in a heavily traveled street or where for any other reason it
is necessary for a police officer to be stationed near the excavation
to direct traffic, the applicant shall compensate the Township Police
Department for the expense of stationing the police officer at the
excavation.
[Amended 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
C.
The deposit set forth above shall not be returned until the construction
work is accepted by the Manager of Engineering Services or his/her
designee.
[Added 7-7-08 by Ord. No. 08-11]
[Amended 7-7-08 by Ord. No. 08-11]
[Amended 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409;
7-7-08 by Ord. No. 08-11]
No permit shall be issued until the applicant has furnished
satisfactory proof of insurance against injury to persons and damage
to property caused by any act or omission of the applicant, his agents,
employees or subcontractors done in the course of the work to be performed
under the permit. The insurance shall cover all hazards likely to
arise in connection with the work, including but not limited to collapse
and explosion, and shall also insure against liability arising from
completed operations. The limits of the policy of insurance shall
be one million dollars ($1,000,000.) for injury to any one (1) person,
three million dollars ($3,000,000.) for injuries to more than one
(1) person in the same accident, and an aggregate of one million dollars
($1,000,000.) for property damage for a single incident. Requirements
of this section may be waived in the case of public utilities upon
the presentation of satisfactory proof that it is capable of meeting
claims against it up to the amount of the limits of the insurance
policy which would otherwise be required.
[Amended 7-7-08 by Ord. No. 08-11; 9-27-10 by Ord. No. 10-22]
All permits issued under this Article shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times and,
during the hours of darkness, shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Director of
Public Safety. The Department of Public Safety shall be informed of
all street closings at least twenty-four (24) hours in advance.
C.
For just cause the time limit during which the permit shall be valid
may be extended by the Manager of Engineering Services or his/her
designee.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
D.
No work shall be done in such a manner as to interfere with any water
main or sewer line or any connection with either of the same from
any building unless that is the purpose of the excavation or permission
has been obtained in advance from the Township Department or agency
having jurisdiction over such property. No work shall be carried on
in such a manner as to result in damage or destruction of any property
of the Township of East Brunswick or Sewer Utility unless this is
necessary for completion of the work and permission has been obtained
in advance from the head of the township department or agency having
jurisdiction over such property.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11; 9-27-10
by Ord. No. 10-22]
E.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means. Where the Manager
of Engineering Services or his/her designee determines that the excavated
material is unsuitable for backfill, the permittee shall backfill
the excavation with suitable material which shall be placed in layers
not exceeding six (6) inches in depth and thoroughly compacted. Upon
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition.
If the Township determines that any backfilled excavation has
settled or caved in, it shall so notify the permittee, who shall promptly
continue backfilling until the Township determines that settlement
is complete.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409;
7-7-08 by Ord. No. 08-11]
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one (1) part cement to ten (10) parts
sand.
G.
If the work is not completed within the time specified in the permit
or any extension granted is not performed in accordance with the regulations
set forth in this section and any other regulations that may be established
then the Township may complete the work itself and restore the surface
of the street. The cost of completing the work and restoring the street
shall be charged to the permittee and may be deducted from his deposit
or recovered by an action in any court of competent jurisdiction.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
[Amended 7-7-08 by Ord. No. 08-11]
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
A.
No permittee shall commence the restoration of any street foundation
or surface until the Manager of Engineering Services or his/her designee
has determined that settlement of the subsurface is complete and the
area properly prepared for restoration.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11]
B.
The street surface shall be restored so as to extend six (6) inches
beyond the excavation on all sides.
C.
When any foundation is restored by the use of portland cement concrete,
the same shall consist of a mixture by volume of one (1) part of portland
cement, two (2) parts of sand and four (4) parts of gravel or stone,
so as to attain a compressive strength of four thousand five hundred
(4,500) pounds per square inch after twenty-seven (27) days.
[Amended 7-7-08 by Ord. No. 08-11]
D.
All foundations and surfaces of Class A 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.
[Amended 7-7-08 by Ord. No. 08-11]
A.
Transferability. Every permit shall apply only to the entity to whom
it is issued and shall not be transferable.
[Amended 7-7-08 by Ord. No. 08-11]
B.
Commencement of work. Work under a permit shall commence within forty-five
(45) days from the date of issuance of the permit. If work is not
commenced within that time, the permit shall automatically terminate
unless extended in writing by the Township. The Department of Planning
and Engineering shall be notified 24 hours prior to the start of any
work and upon completion of the improvements.
[Amended 6-28-76 by Ord. No. 76-91E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Township, must be kept
in possession of the person actually performing the work and shall
be exhibited on demand to any duly authorized employee of the Township
of East Brunswick.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409;
7-7-08 by Ord. No. 08-11]
D.
Revocation of permit.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
(1)
A permit may be revoked for any of the following reasons
[Amended 7-7-08 by Ord. No. 08-11:
(a)
Violation of any provision of this Article or any other applicable
rules, regulations, laws or ordinances.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on work under the permit in a manner which endangers
life or property which creates any condition which is unhealthy, unsanitary
or declared by any provision of this Code to constitute a nuisance.
(2)
The procedure for revoking a permit shall be the same as that set forth in Chapter 135, Licenses, Article I, for the revocation of licenses, except that the initial hearing shall be before the Manager of Engineering Services with a right of appeal to the Township Council; and the Manager of Engineering Services may provide that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[Amended 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
E.
Modification of permit conditions. In a special case the Township
Council may by resolution impose special conditions to which the issuance
of the permit may be subject or may decide that any provision of this
Article shall not apply or shall be altered.
[Added 2-9-76 by Ord. No. 76-91-D]
The permit holder shall conform to the requirements in the current
manual on Uniform Traffic Control Devices Part VI when required by
the township to provide barricades and/or signs.
[Added 2-9-76 by Ord. No. 76-91-D]
Prior to the issuance of a road opening permit the applicant
shall contact the Public Safety Department, Traffic Safety Division,
for instructions on the traffic safety precautions to be taken.
[Amended 6-28-76 by Ord No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
Before any street is improved or paved, the Township Clerk shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the township that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within thirty (30) days from the receipt of notice. The time for the completion of the work may be extended in writing by the Manager of Engineering Services upon application by the person performing the work. This section shall not excuse any person from the requirement of obtaining a permit as provided in § 189-5.
