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Edison asks utility companies to leave the roadways in original states

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EDISON — Township officials are looking to put some teeth into an ordinance that will make sure utility companies — if they dig up a roadway — return the roadway back to its original condition.

The discussion for “more teeth” into the digging permit ordinance began when township officials and Township Council members learned on Aug. 21 that a utility company dug up a portion of newly paved roadway on Amboy Avenue and did not return it back to what officials called “pristine and perfect” condition.

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This result left officials looking for answers on how to prevent what happened on Amboy Avenue from occurring again.

“Everyone in Edison and New Jersey knew we were paving this area of Amboy Avenue in [the] Clara Barton [section of the township],” said Councilman Leonard Sendelsky at a Council workshop meeting on Aug. 21. “I had to calm myself down … I was really upset [about] what had happened.”

The Amboy Avenue resurfacing project along Amboy Avenue from the Woodbridge Township border through Metuchen started on Aug. 2 and continued through Sept. 1.

The project was part of a joint effort between Middlesex County and the New Jersey Department of Transportation.

Township Engineer Carl O’Brien said the incident that occurred on Amboy Avenue is a common occurrence throughout the state.

He said he has drafted many ordinances for other municipalities dealing with excavation that give municipalities a little more cushion so they can sleep better at night.

“[A municipality] spends a lot of dollars out there to redo the roadways and [the last thing you want is to] wake up and it is cut open,” O’Brien said.

The current ordinance only states a five-year moratorium is in place for paved roads, which, O’Brien said, is common for older ordinances.

“We need to put some teeth into the ordinance so somebody will think twice when cutting up a road,” he said.

O’Brien said he will work with legal counsel and draft the amended ordinance, which will be presented to the Township Council at the Sept. 27 meeting.

“We want to give [the municipality] as much protection as possible,” he said.

Councilman Joe Coyle said that the situation is challenging since township officials do not necessarily know when work by a contractor is being done.

“When [utility companies] apply for a permit to dig, it does not necessarily mean they are digging that day,” he said.

Coyle said he would have liked to have seen the contractors leave a sign saying when they would be back rather than leaving a mess.

To hold utility companies accountable, Coyle suggested having contractors send pictures to the township of the work after they are done.

Business Administrator Maureen Ruane said typically utility companies come in for a road opening permit.

“Once that is issued, [the utility companies] have 45 days [to return the area back to its original condition],” she said. “This particular contractor was at 47 days.”

Ruane said in the meantime the township can issue the utility company in question a fine.

“We are in the process of looking at other towns to beef up our ordinance,” she said.

Sendelsky said township officials can look at penalties given at the county level, which have a sliding scale of penalties in their ordinance dealing with digging permits.

“They have a penalty in their [ordinance stating] that if you touch a newly paved road in the first year, it’s a $10,000 fine, if you touch it in its second year, it’s $8,000, third year, $6,000,” he said.

Ruane said once the tightened amended ordinance is in place, township officials can meet with contractors to discuss the changes.

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