[Adopted 12-22-1969 (§ 16-1 of the Revised General Ordinances), as amended through Ord. No. O-83-2]
No person shall dig up and excavate or make any opening in any street, road, avenue, highway or right-of-way owned or under the jurisdiction of the Township for any purpose whatsoever without having first obtained a written permit therefor. Application for a permit shall be made to the Township Clerk. Permits shall not be issued for a period in excess of three months and expired permits may be renewed on written request. No permits will be issued between November 15 and March 15 unless it is reviewed and recommended by the Township Engineer.
Applications shall be submitted and contain the following information:
When the work shall begin.
How long the trench shall be open.
The distance from the center of the road where the trench will be dug and a diagram pertaining thereto.
A description of any special conditions.
The name and address of the person who may be served with any notice as provided in this section.
Such additional information as the Township Committee requires by resolution.
The application shall further provide that the applicant agrees to open no part of the road, street, highway or right-of-way at any time not approved by the Township Engineer or other person in charge for the Township Committee.
Every applicant shall pay an application fee and an engineering inspection fee plus a minimum deposit as provided in Chapter 150, Fees. Said deposit shall be by certified check or cash. Any cash or certified check deposit shall be held in escrow by the Township Treasurer without interest. The cash bond deposit amount less any expenditures incurred by the Township for emergency road repair shall be returned to the applicant upon acceptance by the Township Engineer of completion of pavement restoration by the applicant and the posting of a one-year maintenance guaranty if required by the Township Engineer. The cash bond portion of the performance guaranty shall be the last portion released by the Township to the applicant.
Each public utility desiring to obtain permits pursuant to this article shall file each year with the Township Clerk a bond which may be the bond of such corporation's surety in the sum of $10,000 conditioned upon compliance with the applicable provisions of this section for minimum deposits required.
Acceptance of the work and approval thereof by the Township Engineer shall be indicated in writing. In the event the work is not satisfactorily completed and not accepted by the Township Engineer, the Township may do the necessary work to complete the same and the cost shall be deducted from the deposit money posted. Upon completion of the work by the Township and within two weeks thereafter, the final charge made shall be billed to the permittee and deducted from the original deposit to the extent that it will pay the same any sum not so covered to be payable by the permittee immediately. The cost to the Township for doing the work shall be on the basis of and according to a computation to be made by the Township Engineer, which shall include the actual cost of all material, labor and overhead incurred by the Township.
The applicant shall at all times comply with the established requirements by the Township Engineer or his representative. The Township Engineer or other person in charge for the Township Committee may delay approval and acceptance for a sufficient period of time to allow the fill in any opening to settle. He shall determine the time when final acceptance and approval of the fill and other work shall be given.
If the work is satisfactorily performed and accepted by the Township Engineer, the deposit shall be returned within one week after acceptance. The Township Engineer shall notify the Township Treasurer in writing that the work has been satisfactorily performed, is acceptable to the Township Engineer, and authorize the return of the deposit, and the Township Treasurer shall then return the deposit to the applicant.
The permittee shall keep the opening properly guarded and at night shall have adequate and sufficient lights placed thereat. In doing the work, there shall be as little interference as possible with travel along the road, and no greater part of the road shall be opened at any time than shall be allowed by the Township Engineer or other person in charge. Transverse openings, involving the full width of the highway, shall be made so that only 1/2 of the highway will be excavated at any one time. The work shall be scheduled and executed so as to present a minimum of inconvenience to the traveling public. Where feasible, pipes, mains and conduits shall be bored under all pavements. Tunnels may be driven if and where directed.
The permittee shall hold the Township, its officers and servants harmless from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his agents or servants.
In case the work has not been completed before expiration of the permit and the permittee has not requested an extension of time, the Township Engineer or other person in charge, may, if he deems it advisable, take steps to backfill the trench and restore a permanent pavement over the opening for which the permit has been issued. If any extension of time is needed for the completion of the work, a new application must be filed if required by the Township Engineer.
The work shall be so conducted as not to interfere with any existing water main, sewer, gas or telephone lines or to damage any existing trees or roots until permission of the proper authorities has been obtained. All rock within five feet of a water main or other pipe which will be damaged shall be removed without blasting. No excavation which will damage trees shall be made without the approval of the Township Engineer and the Shade Tree Commission.
The permittee shall completely backfill and puddle the excavation and the trench with sand, gravel or other material, acceptably compressed as required, and shall remove excess material from the premises. If tamping alone is employed, the material shall be placed in layers not exceeding six inches in thickness, moistened if directed, and each layer shall be mechanically tamped until thoroughly compacted. Longitudinal ditches may be compacted by rolling with a suitable heavy mechanical self-powered roller. Dual-tired trucks shall not be used for this purpose. Trenches may not be flushed except under specific permission of the Township Engineer. If, for any reason, immediate replacement of permanent pavement is not feasible, the excavation shall be backfilled and consolidated as specified above, after which not less than three inches bituminous stabilized base course in accordance with New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, and the New Jersey Department of Transportation Supplemental Specifications for Roads and Bridge Construction, as amended, shall be installed on a temporary pavement.
After backfilling of the trench has been completed, replacement of the bituminous pavement shall be made by the permittee. Bituminous pavement replacement shall consist of a minimum of six inches of bituminous stabilized base course in accordance with the current New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, and the New Jersey Department of Transportation Supplemental Specifications for Roads and Bridge Construction, as amended, surfaced with a minimum thickness of two inches New Jersey Department of Transportation Specifications as stated herein.
The Mayor and Township Committee reserve the right to remove and replace any defective patch work made by the permittee and charge the cost of labor and materials for such removal and replacement to the permittee, as provided for under § 300-3.
In no event shall any opening or excavation be made in any public street, road or highway within the Township which shall be of a greater size or length than can be filled in and completed within the same day by the available material and equipment located at the site.
If any opening is not completely enclosed at night or is partially completed and not finished, then during the hours of darkness there shall be, in addition to any other precautions required for the safety of the public during the daytime, sufficient barriers which shall be lighted with sufficient lighting so as to enable the public using the street, road or highway to be warned of the presence of the excavation. Lights used shall be in accordance with the current Manual on Uniform Traffic Control Devices, as amended.
All work performed in connection with the making of openings in the public streets, roads and highways shall be done only under the immediate supervision of the Township Engineer or his representatives, and the applicant shall be responsible for obtaining the presence of the Township Engineer or his representatives for such supervision at the site before the work may proceed. All expenses and fees incurred in connection with supervision shall be charged to and paid for by the applicant, and a certified check or cash payment to cover these expenses and fees shall be paid by the applicant to the Township Clerk before the permit is issued.
Every permittee shall fully comply with all rules, regulations and conditions, and in addition to any other remedies available to the Township, the Township shall have the right at any time to suspend or revoke any permit issued to any permittee who has violated any rule, regulation or condition. Revocation may be by written notice to that effect, served upon the foreman or other person in charge of the work of the applicant. A hearing on any revocation or suspension may be had before the Township Committee upon application for same being made by the permittee, upon giving five days' notice to that effect, and by serving a notice upon the Township Clerk.