Borough of South Toms River, NJ
Ocean County
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Editor's Note: See Chapter 3 Police Regulations, Section 3-14 Removal of Personal Recreation Equipment from Streets When Not In Use.
[Ord. No. 1-2007 § 9-1]
No person, firm, partnership or corporation shall open or dig a trench in any South Toms River road, street or highway without first having obtained a permit from the South Toms River Municipal Engineer for the specific opening or trench.
[Ord. No. 1-2007 § 9-2]
The applicant shall keep all trenches and/or street openings properly guarded through the use of breakaway barricades, flashing lights, signs and painted steel drums consistent with the Manual on Uniform Traffic Control Devices. Except as may be specifically permitted under special conditions herein, the applicant shall maintain one lane of traffic in each direction except in the immediate vicinity of the excavation and then only during working hours. In the vicinity of the excavation, one lane shall be kept open and alternated in the direction of traffic through use of uniformed traffic directors. While the excavation operation is in progress, uniform traffic directors shall be provided at all times. At the close of each day's operation, the applicant shall return the roadway to operation of one lane of traffic in each direction. No excavation within and/or immediately adjacent to roadways available to traffic shall remain open overnight.
Where specifically covered in the special conditions, a road may be temporarily closed. Any anticipated closing of any roads in South Toms River due to construction must be approved by the Municipal Engineer with detailed plans and plans for emergency vehicle access submitted to him for review and approval a minimum of two weeks in advance of any anticipated closing. Any anticipated closing of County or State roads must be reviewed and approved by the Municipal Engineer a minimum of two weeks before any anticipated traffic pattern change. The Borough reserves the right to alter the applicant's construction schedules in the coordination of traffic flow through an area where multiple openings are to take place.
All construction signing and protection devices must be in accordance with the Manual on Uniform Traffic Control Devices. For openings less than 50 feet in length, a minimum of 24 hours and for larger openings a minimum of 48 hours' notice shall be given to the Municipal Engineer in advance of the start of any road opening so that an on-site review of such signs and protection devices can be made.
[Ord. No. 1-2007 § 9-3]
The applicant shall save harmless and agree to indemnify the Borough of South Toms River, its officers, agents and employees from and against any loss, injury or damage resulting from any negligence, fault, acts of omissions or commission on the part of the applicant, his officers, agents and employees in connection with the performance of the work covered by the permit.
[Ord. No. 1-2007 § 9-4; Ord. No. 5-2018]
a. 
Restrictions on opening new, reconstruction or resurfaced streets. No Street Opening Permit shall be issued by the Borough Clerk to any person allowing an excavation or opening in a paved, reconstructed or resurfaced street less than five years old unless an emergency condition exists. This section may be appealed to the Mayor and Council upon the recommendation of the Borough Engineer with his suggestions as to how the road can be restored to the condition prior to the excavation. This may include the utilization of infrared backfilling, if necessary.
b. 
The applicant shall give the required twenty-four- or forty-eight-hour notice as applicable to the Municipal Engineer prior to making any road openings except in cases of emergency. No project shall commence on a Saturday, Sunday or holiday, and no work which will interfere with traffic shall be performed on those days. No permit will be approved for openings scheduled for the period from December 15 through March 1 except in cases of emergency.
All openings must be backfilled and compacted immediately and the trench shall have been restored to at least temporary pavement requirements such that at no time shall the roadway pavement be opened and unpatched for a length in excess of 500 feet, or for a time in excess of one week whichever is the more restrictive measure. Final paving shall be completed within four months.
Permits issued shall become null and void unless work is commenced within 30 days of the date of issuance of the permit or unless written application for extension of time is filed by the applicant with the Municipal Engineer. In no event will more than one thirty-day extension be granted.
Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless the permittee obtains written consent from the Municipal Engineer to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency or in the event the work authorized by the permit is to be performed in traffic congested areas.
[Ord. No. 1-2007 § 9-5]
Methods of construction for excavation and backfill shall be in accordance with Article 2.7.3. of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961 and the 1980 Supplement of the Standards Specifications, pages 1 to 446 inclusive, and such provisions as are included herein and as may be added in the special conditions.
No opening or excavation of a cross trench shall extend beyond the center line of the road before being backfilled, compacted and the surface of the roadway temporarily restored.
All trenches will be backfilled in six inch lifts and compacted with vibratory mechanical compaction. No excavation shall take place unless the mechanical vibratory compactor is actually on the site.
All utility facilities shall be located sufficiently ahead of trench excavation work to avoid damage of those facilities and to permit their relocation, if necessary. Storm drains, pipe culverts or other facilities encountered shall be protected by the permittee. If the work performed interferes with the established drainage system of any street or road, provision shall be made by the permittee to provide proper drainage during construction and restore the existing system all to the satisfaction of the Municipal Engineer.
No dewatering equipment, wells, points, or piping shall occupy the traveled portion of roadways unless specifically approved and adequately protected to the satisfaction of the Municipal Engineer.
Effluent from dewatering systems shall be discharged in such a manner that erodible soils are not adversely affected. All silt and sediments being carried in the dewatering effluent must be intercepted prior to effluent discharge into any drainage system through use of a sedimentation basin designed to allow retention of discharge for sufficient time to render such waters free of suspended silt and sediments. The use of screening devices in lieu of sedimentation basin must receive specific approval and be employed only for minor flows.
Any gravel, earth or other excavated material which is caused to roll, flow, or wash upon any road shall be removed from the roadway within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Borough shall remove the material and the cost incurred shall be paid by the permittee or deducted from his deposit. The permittee shall employ construction methods and means that will keep flying dust to the minimum to the satisfaction of the Municipal Engineer.
In the event of a snow or ice storm, the permittee will be required to take whatever steps the Borough deems necessary to secure the traveled way for snow removal operations. At the first sign of precipitation, all work on the shoulders and traveled way shall stop and they shall be cleared of all dirt, etc. and the area backfilled so as not to interfere with snow operations until the weather permits resumption of work.
Right-of-way or property monuments and/or markers, traffic control devices and other devices on the right-of-way shall not be removed or disturbed unless permission to do so is first obtained in writing from the Municipal Engineer. Permission shall be granted only upon the condition that the permittee shall pay all expenses incident to the replacement of such monument and/or devices.
[Ord. No. 1-2007 § 9-6]
a. 
Within grassed areas, all trench openings and damaged areas shall be backfilled for the top four inches with topsoil as defined in Division 7, Section 5, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961 and the 1980 Supplement to the Standard Specifications, pages 1 to 466 inclusive, and both the trench and the area disturbed by excavated material and construction operations shall be seeded with Fertilizing and Seeding, Type A, as specified on Division 7, Section 7, of the same specification.
b. 
Within the limits of gravel roadways, driveways and parking areas all trench openings shall be backfilled and compacted as heretofore noted. The top eight inches shall be backfilled with eight inches of compacted Type 2 Class A or B road gravel as defined in Division 3, Section 5, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, 1961 and the 1980 Supplement to the Standard Specifications, pages 1 to 466 inclusive.
c. 
Within the limits of bituminous concrete all trench openings shall be backfilled and compacted as required in Article 2.7.3. of the New Jersey specification listed above. The upper 11 inches of the trench shall receive a temporary repair of six inches of compacted Type 2 Class B road gravel as defined in Division 3, Section 1, of the above listed specifications topped with five inches of bituminous stabilized base course, (Mix 1) as defined in Division 3, Section 2A of the above listed specification.
The temporary pavement shall remain in place until any residual settlement takes place which time shall not exceed four months. During this time, the permittee shall assure adequate maintenance of the pavement surface level. Manholes shall have feathered approaches not to exceed a 5% slope where necessary and pavement lining shall be restored by the permittee for adequate traffic control.
Where 25% or more of the existing pavement surface has been destroyed or disturbed, final paving shall consist of a one inch overlay of the entire pavement surface with Bituminous Concrete Type FA-BC (Mix 5) as defined in Division 3, Section 10, of the above listed specification.
Where less than 25% of the existing pavement surface has been destroyed or disturbed, final paving shall be as follows: The existing pavement shall be saw-cut back to a straight line approximately 12 inches away from each side of the existing disturbed pavement and any material within one inch of the proposed surface shall be removed and any depression filled. One inch of Bituminous Concrete Type FA-BC (Mix 5) as above defined shall then be placed in the prepared area.
d. 
In the event that temporary paving, patching, final paving, or any other aspect of the restoration process is not completed to the satisfaction of the Municipal Engineer, the Borough shall complete the restoration and the cost incurred shall be paid by the permittee or deducted from his deposit.
[Ord. No. 1-2007 § 9-7]
The following schedule of fees is hereby fixed, determined and established as being the fees to be paid the Borough of South Toms River, County of Ocean, for the issuance of permits in connection with the servicing of such permits and supervision and inspection of such openings to proper restoration:
a. 
Openings up to 50 feet: $250.
b. 
Openings over 50 square feet: $250 plus $0.30 per square foot over 50 square feet.
The above fees shall accompany the application when filed with the Municipal Engineer, and are not refundable.
[Ord. No. 1-2007 § 9-8]
No person, firm, partnership or corporation shall open or dig a trench in any Borough road, street or highway without first having posted with the Borough a cash or surety bond to guarantee that the opening or trench will be properly closed and the road, street or highway over same reconstructed so that it will remain in good condition for at least one year after the closing by the applicant. The amount of the bond shall be computed upon the following schedule of costs, except that no bond shall be less than $500.
a. 
Earth surface: $20 per square foot.
b. 
Gravel surface: $30 per square foot.
c. 
Bituminous Concrete: $100 per square foot.
d. 
Concrete: $100 per square foot.
A utility company may, in lieu of giving a separate bond for each project, annually, once in January in each year, post a bond in an amount sufficient to encompass the estimated work to be performed by said company during the calendar year; provided, however, that when the openings or trenches exceed the bond posted additional bonds and/or cash security will be required.
[Ord. No. 1-2007 § 9-9]
The penalty for any violation of this chapter shall, upon conviction, be as stated in Chapter 1, Section 1-5 at the discretion of the Municipal Judge before whom the conviction is had.
[Ord. No. 1-2016]
a. 
Compensation. The hourly rate to be paid to the Borough of South Toms River for outside employment of off-duty Borough of South Toms River Police Officers as set forth herein and prior ordinances shall be as follows:
Municipal Police Officers
$75 per hour
Administrative Fee Surcharge
$15 per hour
b. 
Escrow Deposit. A minimum escrow of $1,500 must be provided to the Borough of South Toms River. The Borough of South Toms River shall be paid for a minimum of four hours of compensation for the outside employment of off-duty municipal Police Officers in accordance with the above rates regardless of the actual time required to perform the outside employment job unless the outside employment job is cancelled at least two hours prior to the scheduled start time.