[Adopted 12-15-1998 by Ord. No. 87-98 (Ch.
XIII of the 1973 Revised General Ordinances); amended in its entirety 5-8-2006 by Ord. No. 21-2006]
As used in this article, the following terms
shall have the meanings indicated:
A sum of money as determined by this article which shall
be used to complete any road opening replacement section not completed
by a permittee, shall be used to replace a failed road opening replacement
section, and all inspections fees shall be deducted from the required
sum of money prior to the return of any funds.
A condition or circumstance which involves immediate danger
to life or property, or both, or which involves a possibility of interruption
or curtailment of any service furnished to the public by a public
utility.
Any public utility, individual or company to which a permit
has been issued under and pursuant to this article.
Any public utility as defined in N.J.S.A. 48:2-13.
[Amended 3-2-2020 by Ord. No. 2020-08]
No person shall remove, dig into, disturb, excavate
or take up or cause or procure to be removed, disturbed, excavated
or dug up the surface of any public street, lane, alley, court, sidewalk
or other public place or any pavement therein, except roads not under
the jurisdiction of the Township, without the written permission of
the Township Engineer, whose duty it shall be to grant such permission
when all of the requirements of this article for granting the same
have been complied with by the applicant. A separate permit shall
be required for each opening made. No permit shall be issued to any
permittee who is in violation of this article as a result of a prior
permit.
The provisions of this article requiring a permit
shall not apply to a residential homeowner who is installing, improving,
repairing or totally removing sidewalks on said residential property.
Application for a permit shall be made on forms
to be provided by the Township. The application shall state the purpose
of the excavation and the name and address of the person who will
restore the permanent pavement when the same is not to be done by
the Township or the applicant. The application shall be accompanied
by a diagram indicating the nature and extent of the excavations to
be made and the work to be done and, if during the course of the work
any major variation is required, the permittee shall file an amended
diagram showing the manner in which the work is actually being done.
A.
In addition to the cash escrow/bond provided in this article, the applicant for any permit to disturb, excavate or dig up any street shall pay the following nonrefundable application fee for each permit: $100. In the event a permit is not obtained prior to the commencement of work, the fee shall be doubled to $200 and an additional bond shall be required as outlined in § 435-29 below (this includes emergency work).
B.
A separate permit shall be required for each opening
made.
C.
No permit shall be issued unless and until the applicant
posts the cash escrow/bond required by this article.
D.
No permit shall be issued unless and until the applicant
executes a written undertaking to be fully responsible for the costs
of inspecting the excavation and restoration of the street, lane,
alley, court, sidewalk or other public place which is the subject
of the permit. The following fees shall be paid to the Township of
Old Bridge as reimbursement for inspection fees:
(1)
Fees for inspection work to be paid in one-half-hour
increments: $50 per 1/2 hour.
E.
If a cash bond is not provided because the contractor
is a public utility, an escrow fund in an amount determined by the
Township Engineer shall be posted to cover the aforesaid inspection
fees prior to the issuance of any permit. Where a cash bond is provided,
the inspection fees shall be deducted from the bond prior to release.
[Amended 3-2-2020 by Ord. No. 2020-08]
A.
The work on any opening to be made under the permit
provided for in this article shall be commenced within 10 days from
the date of the permit and the work prosecuted with due diligence
to its completion. If for any reason work is not commenced within
10 days, the permit shall be void unless such period of 10 days occurs
between the period from December 15 through March 15 or the Township
Engineer, or such other officer as the Business Administrator may
designate, shall extend it for a like period.
[Amended 3-2-2020 by Ord. No. 2020-08]
B.
The work covered by the permit shall be completed
within 180 days. At the expiration of such period, the applicant is
required to secure a new permit.
C.
Except in the case of emergencies, no person shall
remove, dig into, disturb, excavate or take up or cause or procure
to be removed, disturbed, excavated or dug up any surface of any street,
lane, alley, court, sidewalk or other public place of the Township
during the period December 15 through March 15 of any year, inclusive.
[Amended 3-2-2020 by Ord. No. 2020-08]
In case of emergency, any public utility, individual
or company may make an excavation in or upon the surface of any road
without first having obtained from the Township Engineer a permit
(subject to the fees and escrows/bonds required by this article) therefor,
in which case the public utility, individual or company shall make
application for such permit within two working days after the occurrence
of such emergency, provided that the public utility, individual or
company first telephones to the office of the Township Engineer a
statement concerning the emergency in question or, in case such office
is closed, the telephone call shall be made to Old Bridge Police Department.
No mechanical excavating machinery or equipment
shall be used unless the use thereof has been set forth specifically
in the application.
[Amended 3-2-2020 by Ord. No. 2020-08]
Tunneling under pavements shall not be done
unless authorized in writing by the Township Engineer.
No excavation shall be made on a Sunday except
in case of emergency.
The permittee shall properly guard the excavation
by the erection of suitable barricades and by displaying warning lights
at night.
If the excavation is to extend the full width
of the road, no more than 1/2 of the road shall be opened at one time
and such half shall be backfilled before the other half is opened
so as to permit the free flow of traffic.
Backfilling of the excavation shall consist
of composite sandash/pozolan backfill materials (17:2-1). The backfill
shall be compacted (95% compaction). The maximum compacted thickness
of each layer shall not exceed eight inches.
After the backfill has been placed, the permittee
shall install a temporary pavement of bituminous material over the
opening and shall keep such temporary pavement to grade until it has
been replaced by a permanent pavement.
The base course shall consist of dense aggregate
bituminous concrete at least five inches thick or equal to the thickness
of the existing roadway, whichever is thicker. If the existing road
is constructed of concrete, the permittee must receive prior approval
from the inspector as to the type of base required.
The final (wearing) course installed over the
base course shall consist of at least two inches of thickness, or
equal to the thickness of the existing roadway, whichever is thicker,
of FABC top course materials. The final (wearing) course shall be
enlarged by a minimum of six inches in each direction over the width
of the base course and squared up to the extent possible. If existing
road is constructed of concrete, the permittee must receive prior
approval from the inspector as to the type of top course required.
[Amended 3-2-2020 by Ord. No. 2020-08]
The trench and bedding detail for utility installation
should be submitted to the Old Bridge Township Engineering Department
for review along with the road opening application.
Any damage done to the pavement, sidewalk, curbing
or trees as a result of the permittee in installing its equipment
shall be repaired by the permittee. If the permittee fails to make
such repairs, the Township shall give the permittee written notice
thereof specifying the damage to be repaired. If the permittee fails
to make such repairs within 30 days after the receipt of such notice,
the Township shall make such repairs; in which event, the permittee
shall be charged for the cost thereof, billed upon the completion
of the work and shall be paid within 30 days after the receipt of
the bill therefor.
In accepting a permit, the permittee shall be
deemed to have agreed to indemnify and save harmless the Township
from and against any and all loss, costs or damages incurred by reason
of any damage to any property, injury to any person or any loss of
life resulting from any negligence of the permittee, its grants or
servants in performing the work covered by the permit.
[Amended 3-2-2020 by Ord. No. 2020-08]
A.
Each public utility desiring to obtain permits pursuant
to this article shall file each year with the Clerk (who, upon receipt,
will provide copies to the Finance and Engineering Departments) a
cash escrow/bond or third-party security bond, which may be the bond
of such corporation solely, in the penal sum of $10,000, conditioned
upon compliance with the applicable provisions of this article. Every
other permittee shall file with the Township Engineer, with respect
to each permit issued pursuant to this article, a cash bond in the
form of a certified check or third-party surety bond in such penal
sum as shall be determined by the Township Engineer, conditioned upon
the compliance with the applicable provisions of this article, or
in lieu thereof, such permittee shall deposit with the Township cash
in an amount to be determined by the Township Engineer to secure compliance
with the applicable provisions of this article. The bond amount shall
be set at the estimated cost to restore the contemplated street excavation
in accordance with the specifications set forth in this article. The
bond amount shall not be less than $1,000 or $25 per square foot,
whichever is greater. Each public utility and every other permittee
who fails to obtain a permit prior to beginning the excavation (including
emergency work), or who begins work without an inspector present,
or fails to provide proper notice for inspections, shall at the discretion
of the Township Engineer or Director of the Department of Public Works
be subject to reopening the excavation and shall post a cash escrow/bond
of not less than $1,000 or $25 per square foot, whichever is greater,
which shall be held by the Township for a period of three years after
the work is completed.
B.
Each bond filed pursuant to this section shall be
in a form satisfactory to the Township Attorney and shall be discharged
only after approval of work by the Township Engineer. Any third-party
bond shall be posted from a licensed surety.
[Amended 3-2-2020 by Ord. No. 2020-08]
Neither the Director of the Department of Public
Works nor Township Engineer, nor any person employed to perform such
work under or pursuant to the provision of this article, shall be
deemed to be the agent or the servant of the permittee for any of
the purposes of this article.
[Amended 3-2-2020 by Ord. No. 2020-08]
The Township Engineer shall administer and enforce
the provisions of this article.
[Added 3-2-2020 by Ord.
No. 2020-08[1]]
A.
After any street has been constructed, reconstructed, or paved by
Old Bridge Township forces, under Township contract, or under permit,
the pavement surface shall not thereafter be cut or opened for a period
of five years.
B.
The Township Engineer may grant exemptions to this prohibition in
order to facilitate development on adjacent properties, provide for
emergency repairs to subsurface facilities, provide for underground
service connections to adjacent properties or allow the upgrading
of underground utility facilities.
C.
When granting exceptions to this regulation, the Township Engineer
may impose conditions determined appropriate to ensure the rapid and
complete restoration of the street and the surface paving. Repaving
may include surface grinding, base and subbase repairs, or other related
work as needed, and may include up to full-width surface paving of
the roadway.
D.
If the Township Engineer determines that final repaving of the street
is not appropriate at that particular time for reasons relating to
weather or other short-term problems, the Township Engineer may grant
a delay until proper conditions allow for repaving.
