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§ 372-14. Street opening permit fees.
- A. Street opening permit application fees. A nonrefundable permit application fee shall be charged by the Township Engineer for the issuance of a street opening permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The required street opening permit application fee shall be calculated according to the following schedule:
| Schedule of Required Application Fees | |
| Opening Size | Required Fee |
|---|---|
| Up to 3 feet by 3 feet | $150 |
| From 3 feet to 500 feet in length | $3 per foot, with a minimum of $300 |
| In excess of 500 feet | $1,500 + $1 per foot in excess of 500 feet |
- B. Street opening permit inspection fees. A nonrefundable street opening permit inspection fee shall be charged by the Township Engineer for the issuance of a street opening permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The inspection fee shall be charged to ensure that the Township Engineer or their designee can review the street opening application for compliance with the Township standards, and to perform field inspections during actual construction process. The required street opening permit inspection fee shall be calculated according to the following schedule:
| Schedule of Required Inspection Fees1 | |
| Opening Size | Required Fee |
|---|---|
| 100 square feet or less | 200 |
| Greater than 100 square feet | 2 per square foot |
| Minimum inspection fee for a public or private utility company | 400 |
NOTES:
Re-inspection fees. If the Township Engineer finds the final restoration unacceptable in accordance with the provisions of this article, the street-opening permittee must pay additional fees to cover re-inspection costs, calculated per the original "Schedule of Required Inspection Fees" above. Said fees shall be posted with the Township prior to any re-inspection by the Township Engineer.
- C. Waiver of permit fees. Permit inspection fees may be waived in the case of installation or repair of sidewalk by, or one acting for, the owner of real property at the discretion of the Township Engineer for minor repair instances only. Permit application and inspection fees will be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with approved plans without cost to the Township in compliance with the Municipal Land Use Law (See N.J.S.A. 40:55D-1 et seq.), provided that the
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inspection of these street opening improvements are covered by inspection fees posted with the Township for the entire subdivision and/or site plan project.
§ 372-15. Restoration guarantee and insurance requirements.
A. Restoration guarantee required.
- The application for a street opening permit to perform street opening work under this article shall be accompanied by a restoration guarantee. Such guarantee will take the form of cash or check payable to the Township of Jackson, and shall be received by the Township Engineer prior to the issuance of a permit.
- A restoration guarantee will serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the street opening. This shall be used if the permittee fails to make the necessary repairs or to properly complete the street opening work under the street opening permit. This shall include any necessary repairs to any surrounding roadway, curbing, gutters, sidewalks, landscaping or other surrounding improvements or facilities which may have been damaged by the street opening. The guarantee will be returned to the permittee if after a period of 12 months from the street opening being completed, the work is found acceptable to the Township Engineer, usual wear and tear excepted. The required guarantee shall be calculated as follows:
- For residential single-lot infill development that is not part of an active subdivision nor site plan approved by the Township Planning and/or Zoning Board, according to the following schedule of estimated costs:
| Schedule of Required Guarantee | Residential Single Lot Infill Development |
|---|---|
| Opening Size | Required Fee |
| 100 square feet or less | $750 |
| Greater than 100 square feet, but less than 200 square feet | $1,500 |
| Greater than 200 square feet | $7.50 per square foot |
- (b) For all other developments, according to the following schedule of estimated costs:
| Schedule of Required Guarantee | All Other Development |
|---|---|
| Surface Restoration Type | Required Guarantee1 |
| Turf Grass | 8/SY |
| Stone Yard or Driveway | 25/SY |
| Hot Mix Asphalt Driveway | 45/SY |
| Concrete Curb or Sidewalk | 110/SY |
| Concrete Driveway and Roadway | 125/SY |
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| Schedule of Required Guarantee | All Other Development |
|---|---|
| Surface Restoration Type | Required Guarantee1 |
| Hot Mix Asphalt Roadway | 65/SY |
| Asphalt Curb | 20/LF |
| Concrete Curb | 40/LF |
| Belgian Block Curb | 50/LF |
NOTES:
1 Where surface restoration of various types is proposed, the required guarantee shall be cumulative.
- Minimum restoration guarantee. In no case shall a restoration guarantee be less than $750.
- A utility company may, in lieu of giving a separate restoration guarantee on each project, annually, once in January each year, give such a restoration guarantee for $25,000, provided that, when the total of all restoration guarantees required by such utility company reaches $25,000, such utility company may either give an additional bond or deposit cash security in an amount equal to the restoration guarantee calculated § 372-15A(2)(a) of this section for any additional openings or trenches it desires to make in that calendar year.
- The Township Engineer may determine that an additional restoration guarantee is required in certain extraordinary cases. In the case of excavation or removal or alteration of other public improvements such as drainage infrastructure, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvement, the Township Engineer shall determine in each case the amount of the cash repair deposit, in an amount sufficient to allow the Township to perform all required repairs and restorations. The amount shall be estimated to include Township gross costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.
- Refund of restoration guarantee upon satisfactory completion of work. Any restoration guarantee made hereunder shall serve as security for the repair and performance of work necessary to put the street or right-of-way in as good condition as it was prior to the street opening if the permittee fails to make the necessary repairs or to properly complete the street opening work under the street opening permit. Upon completion of the initial restoration efforts, a one-hundred-twenty-day clock will begin before the final restoration must be completed. The permittee shall wait a minimum of 90 days but no later than 120 days to return to the street opening, remove the temporary surface course and place the final surface course in accordance with this section. This allows for settlement of the trench prior to final restoration. The permittee shall notify the Township Engineer prior to final restoration work to ensure Township oversight during construction. The guarantee will be returned to the permittee if after a period of 12 months from the street opening being completed, the work is found acceptable to the
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Township Engineer, usual wear and tear excepted.
- Township use of restoration guarantee upon permittee's failure to perform work. The Township may use any or all of such restoration guarantee to pay the cost of any work the Township performs to restore or maintain the street or right-of-way as herein provided in the event the permittee fails to perform such work, in which case the amount refunded to the permittee shall be reduced by the amount thus expended by the Township.
- Waiver of restoration guarantees. Restoration guarantee may be waived in the case of installation or repair of sidewalk by the owner, or by a person acting for the owner, of real property at the discretion of the Township Engineer for minor repair instances only. Restoration guarantee will be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with approved plans and without cost to the Township, provided that the improvements are covered by a performance bond posted with the Township for the entire subdivision and/or site plan project.
B. Surety bond.
- Surety bond required in certain cases. If an individual restoration guarantee required by § 372-15A exceeds $25,000 or if the aggregate of the cash repair deposit which any applicant expects to be required to provide within a period of one year exceeds $50,000, or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey, then the Township Council may allow the provision for all or, at the Township Council's discretion, a portion of the cash repair deposit in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this section, the applicant shall deposit with the Township Engineer a surety bond in the amount to be determined by the Township Engineer made payable to the Township. In those cases where the requirement for all or a portion of the deposit is met by the issuance of a surety bond, the Township Engineer will not require a separate restoration guarantee.
- Surety bond requirements.
- The required surety bond must be:
[1] With good and sufficient surety;
[2] By a surety company authorized to transact business in New Jersey;
[3] Satisfactory to the Township Attorney in form and substance;
[4] Conditioned upon the permittee's compliance with this article and to secure the Township and its officers harmless against any and all claims, judgments or other costs arising from the street opening work and other work covered by the street opening permit or for which the Township, the Township Council or any Township officer or designee may be made liable by reason of any accident or injury to person or property through the fault of the permittee, either in not properly guarding the street opening or for any other injury.
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resulting from the negligence of the permittee.
- It shall be further conditioned upon the obligation of the permittee to fill up, restore and place in good and safe condition and as near as may be to its original condition and to the satisfaction of the Township Engineer all street openings and excavations made in streets and to maintain any street where street openings and excavations is made in as good condition for the period of 12 months after the work shall have been done, usual wear and tear excepted, as it was in before the work shall have been done. Any settlement of the surface within the one-year period shall be deemed conclusive evidence of defective backfilling of the permittee.
- Bond coverage; annual bond. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Township, if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond, but the bond shall, in its entirety, cover any and all future accidents or injuries during the street opening work for which it is given. In the event of a suit or claim against the Township by reason of the negligence or the fault of the permittee, upon the Township giving written notice to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee and its surety binding them to reimburse the Township for any amounts it must pay as a result of such judgment. An annual bond may be given under this provision which shall remain in force for one year conditioned as above in the amount specified above and in other respects as specified above but applicable as to all street opening work in streets by the principal in such bond during the term of one year from said date.
C. Insurance.
- (1) A permittee, prior to the commencement of street opening work hereunder, shall furnish the Township Engineer satisfactory evidence in writing that the permittee has enforced and will maintain enforced during the performance of the street opening work and the period of the street opening permit public liability insurance of not less than $1,000,000 for any person and $1,000,000 for any accident and property damage insurance of not less than $1,000,000 duly issued by an insurance company authorized to do business in this state, naming the Township as an additional insured. In cases where the character or nature of the proposed street opening work are such as to present an unusual hazard or a higher-than-normal risk of damage or injury, the Township Council may require the provision of increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred by the Township Engineer, for the consideration of the Township Council, prior to the issuance of the permit.