[HISTORY: Adopted by the Township Council of the Township
of Verona 7-11-2022 by Ord. No. 2022-19. Amendments noted where applicable.]
It shall be unlawful for any person, persons, firm or corporation
to excavate any portion of a road surface of the public streets, avenues,
highways or public places in the Township for the purpose of constructing
surface or subsurface improvements or for the purpose of laying, examining,
replacing or repairing of gas mains, water mains, sewers, sewer connections,
telephone conduits, electrical conduits, or for any other purpose,
except and until obtaining a permit from the Municipal Clerk.
In case of an unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to person and property,
hereinafter referred to as "emergency," any utility (water, gas, electric,
cable, telephone, sewer, etc.), resident, property owner or lessee
shall not be required to obtain a permit in advance of the work, provided
that:
A. A true emergency exists and the person(s) doing the excavation notifies
the Township Police Department; the Police Department shall log the
emergency;
B. An application for a permit is filed with the Municipal Clerk within
24 hours of the street opening or on the next business day, whichever
is more practical;
C. Said utility, resident, property owner or lessee makes the payments required by §§
410-4B,
410-5 (for residents or property owners), and 410-11E (for a utility);
D. The excavation is performed in accordance with the provisions of
this chapter.
On newly paved streets, there shall be a five-year restriction
on the issuance of road opening permits. Exceptions shall be granted
for utility emergencies, utility openings that impact the safety and
welfare of property owners or if the applicant is able to prove undue
hardship. Undue hardships shall be approved at the discretion of the
Municipal Engineer. In the event that an exception is granted during
the moratorium, the applicant shall be responsible to limit the disruption
as much as possible, saw cut all excavations, and restore the trench
to its original condition, including, but not limited to, the pavement,
surface treatments, and striping. All repair paving shall be completed
utilizing infrared technology within one week of the trench repair.
A nonrefundable fee of $500 will be charged to open a road within
its moratorium. The inspection fee is $150, and the trench must be
compacted in twelve-inch lifts.
A. All applications for permits referred to in this chapter shall be
made in writing to the Municipal Clerk at least five business days
in advance of the excavation, unless it is an emergency, and shall:
(1) Specify the name and address of the individual, firm, corporation
or utility for whose benefit the excavation is to be made.
(2) Specify the name and address of the excavation, construction and/or
restoration contractor(s).
(3) Identify the specific location of the proposed excavation and the
width, length and depth thereof.
(4) The Township Engineer shall confirm the location of the proposed
road opening.
(5) The Township Engineer shall confirm the Township's jurisdiction
of the work area and provide a list of all federal, state, and local
governmental/quasi-governmental agencies having concurrent jurisdiction
and, if such agencies require approval, whether such approval has
been obtained and provide copies thereof.
(6) Identify the type of road surface.
(7) Identify the location of any and all utilities, storm drains, sanitary
sewers or sewer mains within 10 feet of the limits of the proposed
opening and compliance with the Underground Facility Protection Act
(N.J.S.A. 48:2-82) if applicable.
(8) Identify the excavation start date and expected duration and method
of repair.
(9) Identify the applicable fees for the issuance of the permit as hereinafter
provided, together with the charges as hereinafter set forth.
(10)
Include a signed statement by the applicant agreeing to indemnify
the Township and hold it harmless from and against any claim, liability,
damage and/or expense, including any attorney fees, arising out of
the granting of the permit or from any negligence or fault of such
applicant, his servants or agents in connection with any of the excavation
performed under or in connection with such permit.
B. A nonrefundable fee of $200 shall accompany every application to
offset the cost of processing the application and inspection subsequent
to the road repair.
No permit shall be granted unless the fees set forth in this
chapter shall be paid to the Municipal Clerk. Security deposits shall
be held by the Municipal Clerk until 18 months after the completion
of each improvement. The security deposit shall be held to guarantee
the completion of the improvement in a good and workmanlike manner
and in accordance with the specifications, standards and satisfaction
of the Township and to ensure maintenance thereof for the eighteen-month
period pursuant to the terms of the application. Eighteen months after
such completion, the Township shall return the deposit to the applicant,
provided that the work has been properly completed and maintained.
Upon failure to complete and maintain the improvement to the satisfaction
of the Township, the Township may complete and maintain the improvement,
using the moneys so deposited or so much thereof as is necessary for
such purpose, returning the balance of the deposit, if any, to the
applicant after 18 months from the date of completion. If the security
deposit is insufficient to pay for the cost of remediating the work,
the person or entity responsible shall be obligated to reimburse the
Township for any excess costs. Security deposits shall be in the following
amounts for each opening excavated, up to 100 square feet of area
disturbed:
A. For openings on any road paved with concrete: $750, plus $7.50 per
square foot over 100 square feet.
B. For openings on any road paved with macadam: $500, plus $5 per square
foot over 100 square feet.
C. For openings on any unimproved road or unpaved portion of improved
roads: $250, plus $2.50 per square foot over 100 square feet.
D. Regulated utilities governed by the New Jersey Board of Public Utilities,
pursuant to N.J.S.A. Title 48, are exempted from this section; refer
to § 460-18, Excavations by public utility corporations.
The applicant shall present evidence satisfactory to the Township's
Risk Manager of insurance sufficient to indemnify and save harmless
the Township, its officials, employees, agents and servants against
and from all suits and costs of every kind and from all personal injury
or property damage resulting from negligence or from any phase of
operation performed under the permit.
All excavations, earth, stone, lumber, pipe or other material
shall be safely and securely barricaded and further guarded at night
by at least two lights, one at each end of the excavation or material,
and in any other manner as the Superintendent (or Foreman or his designee)
of Public Works may deem necessary for the reasonable protection of
the public from injury.
Not more than 1/2 of the trench shall be excavated at one time
where the trench will run from one side of the pavement to the other,
and the part so excavated shall immediately be backfilled under the
supervision of and to the satisfaction of the Superintendent of Public
Works.
A. The backfilling of the trench shall proceed in the following manner,
namely: earth, sand, gravel or broken stone removed from the trench
shall be replaced in layers not exceeding 12 inches in depth and shall
be properly compacted. The work of refilling shall continue in this
manner until the material is brought up to within 24 inches of the
finished pavement; any rocks larger than six inches in diameter shall
be removed. The first layer shall be three-quarter-inch quarry-processed
(QP) rock. The backfilling shall be continued until the top thereof,
after being thoroughly compacted, shall be one inch higher than the
pavement. No animal or vegetable matter or refuse shall be used or
permitted in the backfill, and all refuse or surplus material from
the trench shall be removed from the work area immediately after the
trench has been excavated. After the fill has thoroughly settled,
the road surface shall be restored to a like-new condition.
B. The person or entity conducting this work shall remain responsible
for the repair of the resurfaced repair work for a period of five
years and shall repair same if required by the Superintendent of Public
Works.
C. Roadway restoration shall be in accord with the engineering details
set forth in the appendix which may be found at the end of this chapter.
D. Any restoration of a trench or series of openings more than 15 linear
feet shall include restoration in accord with the engineering details
found in the appendix, as applicable, and shall also include the milling
and resurfacing of the roadway from curb to curb for the length of
the opening.
E. Any restoration of macadam which is not milled and paved shall be
completed using infrared paving to ensure a smooth transition from
the adjoining surface.
It shall be unlawful for any person, firm or corporation to
place any stones, earth, ashes, lumber, pipe or other materials of
any description whatsoever upon any road or street so as to interfere
with the flow of water along the gutters or so as to interfere with
traffic on the road or street. Any unlawful exercise of this privilege
shall be deemed a violation of this section and be punishable by a
fine of $50 to $200. Nothing herein shall apply to leaves or vegetative
waste. The purpose of this section is to prevent construction-related
material from obstructing or interfering with the flow of water.
A. All utilities regulated by the New Jersey Board of Public Utilities
under Title 48 which excavate a road in the Township shall pay a nonrefundable
application fee of $200 per opening. Said payment shall be sent to
the Municipal Clerk within 24 hours of completion of the utility work
related to the road opening.
B. Roadways opened by utilities shall be returned to a like-new condition as set forth in §
410-9. Infrared heat paving shall be used to the satisfaction of the Superintendent of Public Works, or his/her designee.
C. Roadway material shall be of the same material as the roadway, e.g.,
concrete roads shall be repaired with concrete and asphalt with asphalt.
D. Within 90 days of completion of all road opening repair, the Township
shall advise the utility if the closing is satisfactory or not, and
if not, a directive of corrective action shall be included. Repairs
made subsequent to notice from the Township of unsatisfactory repairs
shall be concluded within 30 days of notice. If repairs are not made
within 30 days and/or the repair is not done to the satisfaction of
the Township Superintendent of Public Works (or Foreman) or his/her
designee, then the Township may cause the repair work to be done and
use the escrow to pay for same. In such event, the utility shall replenish
the escrow within 30 days of notice from the Township.
E. All utilities servicing the Township of Verona shall post a cash
bond in the amount of $2,500 with the Municipal Clerk to be held in
a noninterest escrow account to be held in perpetuity to pay the cost
of application fees and repair to road openings done in an unsatisfactory
manner. If this bond is diminished by utilization for restoration
or payment of application fees, the utility shall deposit additional
funds sufficient to bring the balance of the cash bond to $2,500 within
10 days of receipt of a notice of deficiency sent by the Township.
A. Utility companies, including those engaged in the installation of
gas, water and electric lines, shall report to the Department of Public
Works, quarterly, their intentions with regard to prospective work
requiring future street openings in the community, for the purpose
of coordinating such activity with pavement projects anticipated by
the Township of Verona in accordance with this chapter and the requirements
of N.J.S.A. 48:3-17.11 to 48:3-17.14, as applicable.
B. Except in the case of an emergency, the Township of Verona shall
have the right to schedule street openings with utility companies
in a manner which will create the least disturbance to pavement courses,
in furtherance of which purpose the Township of Verona shall provide
to the utilities a schedule of expected street construction and resurfacing.
C. In the event an applicant seeks to disturb a road which has been
repaved or installed within the preceding five years, and the municipality
shall have given notice of intent to repave by ordinance or actual
notice to the applicant, the fees shall be doubled for the permit
and bond. In addition, the applicant shall be required to repave the
entire width of the road to achieve a cosmetic and surface match.
Any contractor or other employer requiring additional traffic
management services on any project or event occurring in the Township
of Verona shall utilize the Verona Police Department for such services.
A bond shall be posted for police/traffic and Department of Public
Works inspections.
A. Any person, firm or corporation violating any of the provisions of
this chapter, or neglecting or refusing to comply with any of the
terms or conditions hereof, shall, upon conviction, be liable as follows:
(1) Failure to deposit a performance bond: the amount set forth in §
410-5, plus $500.
(2) Opening a roadway without a permit and/or failing to comply with the provisions for filing an application for emergency work within 24 hours of conducting the work or the first business day thereafter: the amount set forth in §
410-5, plus $1,000.
(3) Failure to restore any roadway as required: the amount set forth in §
410-3, plus $500.
B. Each and every nonconformance with this chapter, or each day that
any provision of this chapter shall have been violated, shall be construed
as a separate and distinct violation thereof.