Township of Mannington, NJ
Salem County
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[Adopted 10-7-1993 by Ord. No. 93-5]
It shall be unlawful for any person, firm or corporation to disturb, tear up, obstruct, damage or destroy any Township road in any manner whatsoever, by any vehicle of any kind or by any drag attached thereto, or by any other implement or appliance.
As used in this article, the following terms shall have the meanings indicated:
Applies to any and all roads, highways, streets or avenues owned or under the control of the Township of Mannington, for the full width thereof.
No person, firm, partnership or corporation shall open or dig a trench in any public road, street or highway of this Township without having first done each of the following:
Made a written application therefor to the Township of Mannington in the County of Salem, on forms to be provided by it, and supplied a map or sketch of the project.
Paid the proper fee to said Township for such opening or trench, in the amount specified by § 121-15.
Given the Township a cash or surety company bond, in the amount specified by § 121-14, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond, but shall not be less than $50. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep in continuing effect and posted with the Township Clerk a combination performance and maintenance bond for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this chapter and shall be approved as to form by the Township Solicitor.
Received from the Township a written permit for the specific opening or trench.
No person, firm, partnership or corporation shall direct or cause any employee, agent or contractor of such person, firm, partnership or corporation to open or dig a trench in any public road, street or highway until a written permit for such opening or trench has been issued by the Township.
Each permittee shall do each of the following things with respect to each opening or trench for which the permittee is responsible:
Have the trench or opening dug promptly after the permit aforesaid is granted.
Have the material which is taken from the opening or trench placed so as not to interfere with public use of the highway.
Have proper and ample guards, barricades, signs and lights maintained on the site to sufficiently warn users of the road, street or highway of the dangers attendant to the project, from the time the opening or trench is completely restored and completely reopened to public travel.
Assume full liability for any and all injuries caused by the negligence of the permittee or the employees or agents of the permittee in constructing such opening or trench as well as in its maintenance or closing.
Keep said opening or trench open a minimum period of time to accomplish the purpose of the permittee, and close such opening or trench as soon possible thereafter.
Comply with the following standards hereby adopted in this Township for such openings and trenches in public roads, streets and highways:
Protection for traveling public. The permittee shall keep such opening or trench properly guarded and at night have lights placed thereat, and in doing the work interfere as little as possible with the travel along the road and open no greater part of the road at any time than shall be allowed by the Road Supervisor.
Protection from suits. The permittee shall also save harmless said Township of Mannington, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his or her agents or servants in connection with the performance of the work covered by the permit.
Time limit. The opening or trench shall be backfilled and semipermanently patched immediately and the pavement shall be restored within six weeks. In case the work has not been completed before the day of expiration as shown on the permit and the permittee has not requested an extension of time, the Road Supervisor may, if he or she deems it advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued, and if any extension of time beyond said date is needed for the completion of the work, a new application must be filed, if required by the Township Engineer.
[Amended 12-1-1994 by Ord. No. 94-05]
Maintenance. The restoration of the opening or trench shall be maintained for one year after completion.
The applicant shall give a forty-eight-hour notice to the Road Supervisor and Township Engineer or his or her duly authorized assistant prior to making an opening, except in case of emergency.
No opening shall be commenced on a Saturday, Sunday or holiday, except in case of emergency.
On a bituminous-surface-treated road, the edges of the opening shall be cut straight through the bituminous surface before the trench is excavated.
The work shall be conducted as not to interfere with the water, sewer or gas mains or any connections with buildings until permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting. No excavation which will damage trees shall be made without the approval of the Township Engineer.
Backfilling. The permittee shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by using mechanical tamping equipment, and supply additional material when there is a deficiency. Whenever the Township Engineer or his or her duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall backfill the trench with select backfill material, Zone 3, compacted, and shall remove all excess material from the premises. The material shall be placed in layers not exceeding six inches in thickness, moistened where and as directed, and each layer mechanically tamped until thoroughly compacted.
Restoration of surface paving and surface paving foundation. After the backfilling of the opening, or trench has been completed as above specified, the restoration of the pavement shall be governed by the following applicable rules:
In the case of an opening or trench in the earth shoulder, the permittee shall restore the top four inches of the trench or opening with material capable of supporting the growth of grass and shall fertilize and seed the surface with grass seed.
In the case of a gravel pavement, the permittee shall fill in the top 12 inches of the excavated trench or opening with compacted state approved I-5 road gravel.
In the case of a penetration macadam road which consists of broken stone of various sizes, the permittee may salvage the broken stone and replace it in the top of the trench similar to the original pavement and cover it with two inches of hot-mixed bituminous concrete.
In the case of a gravel-based bituminous concrete road, the permittee shall restore the surface with eight inches of compacted state approved, 1-5 road gravel covered with two inches of bituminous stabilized base, mix I-2 and 2 inches of FABC-1, mix 5, top pavement, or surface and base similar to existing road, whichever is greater.
In the case of a bituminous-treated gravel road, the permittee shall restore the surface with 12 inches of compacted state approved, I-5 gravel covered with two inches of FABC-1, mix I-5.
In the case of a concrete surface the permittee shall construct a concrete foundation and shall restore the reinforcement and the concrete pavement as directed by the Township Engineer.
In the case of any special condition, the permittee shall restore the trench or opening as directed by the Township Engineer. In any case, if the Township is required to restore the pavement, the final charges, based on the schedule of costs, shall be billed to the permittee on the completion of the work by the Township.
Each applicant for a permit for such opening or trench shall post a cash or surety company bond with the Township to cover the estimated costs of closing the particular opening or trench for which the application is being made, according to the schedule of estimated costs as from time to time may be set by the Township Committee.
Each such surety bond shall be executed by the permittee as principal therein, and the surety company shall be the surety therein, which surety company shall be one licensed to do business in the State of New Jersey.
Upon completion of the project by the permittee and the restoration of the public road, street or highway in accordance with this article, the permittee shall receive back the said performance bond upon proper written application therefor and upon approval thereof by the Township Committee and upon posting of the maintenance bond or cash described in § 121-11C.
A schedule of fees, from time to time may be by resolution of the Township Committee be fixed, determined and established as being the fees to be paid the Township for the issuance of permits and for other municipal services in connection with the servicing of such permits and the proper restoration of such openings and trenches.
Such fees shall accompany the applications when filed with the Township or its representative.
The fees referred to in Subsection A hereof shall be paid to and become the property of the Township and shall be turned over by the Township Clerk to the Township Treasurer within 48 hours, accompanied by a written statement of the source of each fee.
Unless otherwise specified for the Road Supervisor, the Township Engineer shall be the agent and representative of this Township to:
Receive all applications, fees and bonds hereunder.
Inspect the sites of the proposed openings or trenches.
Inspect openings or trenches, warning guards, barricades, signs and lights maintained or to be maintained at the respective sites by the permittee.
Inspect the closing of openings or trenches and the restoration of public roads, streets and highways.
Notify the permittee or the Township, or both, of any failure, refusal or neglect on the part of permittee or his or her employees or representatives to comply herewith.
Make complaint of and prosecute for and on behalf of the Township any offense under this article.
Administer the provisions of this article for and on behalf and in the name of this Township, under the direction of and for the Township Committee.
Inspect the trench opening at the end of the maintenance period and report any discrepancies. Upon receipt of a favorable report with respect to the condition of the trench opening from the Road Supervisor, the Township Committee shall discharge the maintenance bond or return the cash deposit, as the case may be.
Nothing in this article shall be understood or construed by any permittee or other person to absolve any permittee, or his or her employees, agents or contractors of any responsibility for any damage done to any person or property in opening or digging a trench in any public road, street or highway.
[Amended 7-6-2006 by Ord. No. 06-10]
Violations of this article shall be punishable as provided in § 1-15 of this Code.