[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:
[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]
[Ord. No. 1-2016; amended 2-27-2023 by Ord. No. 2023-1]
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:
1.
Traffic
Control.
|
Municipal Police Officers
|
$75 per hour
|
|
Administrative Fee Surcharge
|
$15 per hour
|
2.
Security
Services.
|
During the hours of 0700 to 2300
| |
|
Municipal Police Officers
|
$35 per hour
|
|
Administrative Fee Surcharge
|
$5 per hour
|
|
During the hours of 2300 to 0700
| |
|
Municipal Police Officers
|
$45 per hour
|
|
Administrative Fee Surcharge
|
$5 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.
