[Adopted 2-23-1981; amended in its entirety 3-30-2009 by Ord. No.
03-09-05]
A.
It shall be unlawful for any person or persons, firm,
partnership, association, corporation, municipal corporation or authority,
joint municipal authority or public corporation to disturb, cut, break
into, excavate or open any right-of-way within the Township of Cranbury
without first having obtained a street opening permit from the Superintendent
of Public Works and having paid a permit fee of $15, which permit
fee shall accompany the application therefor and shall not be refundable.
Where multiple cuts or excavations are involved as part of one project,
only one application need be filed and one permit obtained. The permit
fee in such case shall be the sum of $50. Every application for a
street opening permit shall also be accompanied by the sum of $250
or such larger sum as the Township Engineer shall deem necessary to
adequately cover the cost of the temporary and permanent road restoration,
which shall be deposited with the Township Finance Department and
which shall be refundable at the request of the applicant for such
permit after the permanent restoration has been completed in a manner
and condition satisfactory to the Superintendent of Public Works,
or his designee, and the Township Engineer. All fees and bonds paid
to the Township under this section shall be turned over to the Township
Finance Department by the Superintendent of Public Works.
B.
Any applicant for a street opening permit may file
a performance guarantee in the amount equal to the estimated cost,
as determined by the Township Engineer, for the temporary and permanent
road restoration with the Township Finance Department in lieu of the
cash deposit which is required with each application. Said performance
guarantee shall be conditioned upon the satisfactory completion of
all temporary and permanent restoration in any right-of-way for which
the street opening permit was granted, in a manner acceptable to the
Superintendent of Public Works, or his designee, and the Township
Engineer. The performance guarantee shall continue in full force and
effect for a period of two years after the completion of the work
and construction related to the permanent road restoration.
C.
Prior to issuance of a street opening permit, an inspection
escrow account shall be posted with the Township Finance Department
equal to 5% of the estimated road restoration improvements, as calculated
by the Township Engineer, or $500, whichever is greater. Any accrued
interest or unspent money in the inspection escrow account shall be
returned to the applicant upon completion, inspection by the Township
Engineer or the Superintendent of Public Works, or their designee,
and approval of the road restoration improvements under the permit.
Each application shall state the kind and character
of the proposed excavation, the location of the proposed opening,
the size and depth of the proposed opening, the type of paving, the
name and emergency telephone number of the contractor who will repave
or restore the street, the name and address of the applicant, the
name and address of the owner in behalf of whom or which the application
is made, the date of the application and the anticipated completion
date of the work to be undertaken under the permit and shall be accompanied
by construction details and specifications for the proposed temporary
and permanent road restoration. Said application shall be signed by
both the applicant and the contractor, guaranteeing complete conformance
with this article, and shall be accompanied by a plan or sketch showing
the location of the proposed opening. All construction details and
specifications for road restoration attached with the application
document shall be subject to the review and approval of the Township
Engineer and Superintendent of Public Works.
In the event of a sudden and emergent break
of any water, sewer, gas, oil and other underground lines or facilities
which endangers the life, health or safety of the public, or where
immediate repair is imperative to prevent loss or damage to streets
or property or discontinuance of service, it shall not be necessary
to obtain a street opening permit before commencing such repair or
before opening the surface of the street. The making of any such opening
or excavation shall be reported to the Police Department and to the
Superintendent of Public Works or his designee, within 24 hours thereafter,
and an application for a street opening permit therefor shall be made
within 48 hours thereafter with the subsequent posting of any required
performance guarantee for road restoration.
A.
A street opening permit, as described in this article,
shall be required for any tunneling or mechanical boring under the
surface of any right-of-way for any purpose whatsoever, regardless
of whether or not it involves an opening in the surface of the right-of-way.
Any such tunneling or boring shall not be commenced or undertaken
until the Township Engineer has recommended, in writing, to the Superintendent
of Public Works that it be permitted, and such shall be accomplished
only under the supervision of the Township Engineer, whose services
shall be paid for by the permit holder.
B.
All street openings will be cut by means of a mechanical
device creating a clean, straight, full-depth penetration of the roadway
surface and base material. The ripping of the roadway material with
machinery as a means of excavation will not be permitted.
A.
Upon completion of the excavation and of the work
to be accomplished therein and prior to replacing any of the material
removed therefrom or placing fill material therein, the permit holder
shall request that the Superintendent of Public Works or the Township
Engineer perform an inspection thereof. No material or fill shall
be placed in the excavation until permission to fill the excavation
has been given by the Superintendent of Public Works, or his designee,
or by the office of the Township Engineer.
B.
Backfill material shall be such as is approved by
the Superintendent of Public Works, or his designee, or by the office
of the Township Engineer. Such backfill material may not necessarily
be the material removed in excavation but shall be a granular material
such as to provide a base free of settlement. All backfill must be
tamped and compacted with a maximum lift thickness of 12 inches.
C.
It shall be the responsibility of the permit holder
to apply a temporary patch to the street when the backfill of the
excavation is completed. Said patch shall only be temporary in nature
and must be installed by a competent contractor, and this patch must
be inspected by the Superintendent of Public Works, or his designee,
or the office of the Township Engineer. In all streets, except streets
with a gravel surface, the temporary patch shall be a hot-mix asphalt
patch six inches in thickness. Said patch shall be maintained by the
permit holder and shall, upon notice from the Superintendent of Public
Works, or his designee, be immediately repaired to address any safety
issues.
The materials and method of construction shall
be equal to or superior to the best adjacent street surface. After
a minimum of six months from the date of the approved installation
of the temporary patch and immediately before the permanent patch
is applied, the permit holder shall request that the Superintendent
of Public Works or the Township Engineer perform a final inspection.
No permanent patch shall be applied until such an inspection has been
performed and permission has been given by the Superintendent of Public
Works, or his designee, or by the office of the Township Engineer
to install the same. Said permanent patch shall be installed within
30 days after permission to install same has been granted unless installation
is prevented by climatic conditions, as detailed by New Jersey Department
of Transportation specifications, that are not conducive for paving.
All permanent road restoration shall be completed in accordance with
the approved construction details and specifications attached to the
permit and shall be subject to the approval of the Township Engineer
and the Superintendent of Public Works. The Superintendent of Public
Works shall have the right at any time, when he has reason to believe
that such is necessary to guarantee that satisfactory fill material
has been utilized or that it has been properly placed in the excavation
or that a permanent patch has been properly applied and is of satisfactory
material, to require that the base material be excavated for an additional
inspection or that a reasonable number of test holes be drilled. Either
of these acts shall be accomplished at the expense of the permit holder.
Should the permit holder fail to install the final patch or to make repairs after being notified so to do in accordance herewith, then the Superintendent of Public Works may notify the permit holder, in writing, to install the final patch or to make repairs. Said notice shall be sent to the permit holder by regular United States mail, addressed to the address set forth in the application. Said shall be completed within 30 days after such notification. In the event that such is not completed within 30 days after such notification is dispatched to the permit holder, then the patch may be constructed or repaired by a competent contractor hired by the Township of Cranbury and the cost thereof deducted from the cash security posted by the permit holder as required in § 130-1 or proceedings may be instituted by the Township against the permit holder and his surety on the performance guarantee posted in lieu of the cash deposit as provided in § 130-1.
All excavations within any right-of-way, Township
easement or Township property shall be properly backfilled or steel-plated
with properly secured anchoring at the end of each workday. All permit
holders shall, whenever any opening, cut or excavation could be dangerous
if left exposed, erect a suitable barricade, warning and railings
around the same in such manner as to prevent danger to pedestrians
or vehicles and shall place upon such barrier or railing and upon
any building materials or appliances, suitable and sufficient warning
lights during the periods of dusk and darkness.
All permit holders, owners and contractors shall
comply with the provisions of the Underground Facility Protection
Act, N.J.S.A. 48:2-74 et seq.
Any person violating any of the provisions of
this article shall, upon conviction, be punished either by imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners for any term not exceeding 90 days or by
a fine not exceeding $500, or both, in the discretion of the court.
