A.
The Water System in the Township of Allamuchy is a unique public
resource held in trust for the benefit of the public who are served
by the Water System. This physically limited resource requires proper
management to maximize its efficiency and minimize costs to the taxpayers,
protect the capital investment made by the Township of Allamuchy in
the Water System, and minimize the inconvenience to and negative effects
on the public due to damages to the Water System from construction
and maintenance activities within streets and easements where water
facilities are situated.
B.
In order to minimize potential impacts to the Township's Water System from encroachments in streets and easements as defined in § 296-45 below by utility companies and contractors, utility companies and contractors are required to notify the Township at least 30 days in advance of the start date for any encroachments within streets or easements that contain Township Water Facilities, including water mains, service connections, curb stops, hydrants, valves, pressure reducing valve chambers, and other appurtenances. Utility companies and contractors shall notify the Township through the submission of Form E-1 entitled "Notification of Encroachments within Streets or Easements that Contain Township Water Facilities."
As used in this article, the following terms shall have the
meanings indicated:
Constructing or placing temporary or permanent structures,
improvements, facilities or materials in, on, over, or under any street
or easement that contains a Township water facility, including but
not limited to the performance of any of the following acts:
Excavating or disturbing a street or easement that contains
a Township water facility;
Erecting or maintaining any post, sign, pole, fence, scaffolding,
guiderail, wall, pipe, conduit well casing, cable, wire, communication
service equipment, or other facility or structure, whether permanent
or temporary, on, over, or under a street or easement that contains
a Township water facility;
Planting a tree, shrub, grass, or other vegetation, whether
permanent or temporary within a street or easement that contains a
Township water facility;
Constructing, placing, or maintaining on, over, under, or within
a street or easement that contains a Township water facility whether
permanent or temporary, any pathway, sidewalk, driveway, or other
surfacing; any culvert or other surface drainage or subsurface drainage
facility; or any pipe, conduit, cable, well casing, wire, communication
service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure,
embankment, excavation, tree, or other object, whether permanent or
temporary, adjacent to a street or easement that contains a Township
water facility which causes or may cause an encroachment.
Any trench cuts within a street or easement that contains
a Township water facility to access or install a utility line or any
related facility. Excavations may require the filing of a utility
encroachment permit.
The applicant/permittee to whom a utility encroachment permit
is issued for the purposes of excavation in a street or easement that
contains a Township water facility.
Any fiber optic, coaxial, or copper cable; communication
service equipment; telephone, telecommunications, electric or other
wire, line or equipment; utility structure; oil, gas, or other pipeline;
duct; conduit; cabinet; tunnel; vault; storm drain; man-hole; splice
box; surface location marker; pole; subsurface tiebacks; soil nails;
stairs; access ramps; subsurface foundations; landscape features,
including curbs around planter areas; planter boxes; clocks; bus shelters;
phone booths; bike racks; fencing; retaining walls; benches; stockpiles;
building materials; and other appurtenances or tangible things located
in, upon, above, beneath, or across a street or easement that contains
a Township water facility.
Any person, contractor, utility or special district that
has been issued a permit pursuant to this chapter, including any lawful
successor, transferee, or assignee of the original permittee. All
obligations, responsibilities, and other requirements of the permittee
shall be binding on successors in interest of the original permittee.
The full width of the surfaced or travel portion, including
shoulders, of any road, street, path, lane, or alley dedicated to,
reserved for, or used by or for the general public whether accepted
and owned by the Township, county, state or an association.
Any physical alteration or improvement, including but not
limited to a building, post, cabinet, fence, vault, sign, pole, guard
rail, wall, facility, pedestrian walking path, sidewalk, driveway,
track, surfacing, culvert, drain age facility, pipe, embankment, or
excavation.
Any person or entity providing electric, gas, telephone,
telecommunications, water, or other services to customers in Allamuchy
Township and which pursuant to state law or local franchise is entitled
to install its facilities in a street or right-of-way.
A.
Utility companies and contractors that plan to encroach in streets
or easements that contain water facilities shall file Form E-1 entitled
"Notification of Encroachments within Streets or Easements that Contain
Township Water Facilities" with the Township Engineer at least 30
days in advance of the start date for the work. The utility company
or contractor shall provide a description of the work that is proposed
and the location of the work in the completed Form E-1. The utility
company or contractor shall also include a plan with Form E-1 that
indicates the location and scope of the proposed work and its relationship
to other utilities, including water and sewer facilities owned by
the Township.
B.
Upon receipt of completed Form E-1, the Township Engineer shall review
the information to determine if the proposed encroachment will impact
or could potentially impact a Township water facility. No fee is required
for this review. The Township Engineer will have 10 days from the
date of submittal of a complete notification to render a decision
on whether the encroachment will impact or could potentially impact
a Township water facility.
C.
If the Township Engineer determines through his review of Form E-1
that the encroachment will impact or could potentially impact a Township
water facility, the utility company or contractor shall be required
to obtain a utility encroachment permit prior to commencing the work.
A utility encroachment permit shall be required if the Township Engineer
determines one of the following:
(1)
The encroachment is proposed less than five feet from a Township
water facility within a street or easement, regardless of whether
the encroachment will disturb, obstruct, or interfere with the Township
water facility.
(2)
The encroachment involves the installation of pipes, conduits, cable,
wires, or other facility or structure, whether permanent or temporary,
on, over or under a Township water facility.
(3)
The encroachment involves the installation of posts, signs, poles,
fencing, curbing, guiderail, drainage structures and piping, sidewalks,
driveways, trees, utility structures, and other similar facilities
and structures, on, over, or under a Township water facility.
(4)
The encroachment will disturb a Township water facility and require
that facility to be reconstructed, restored, or reset.
A.
If the Township Engineer determines that a utility company or contractor
must obtain a utility encroachment permit prior to the commencement
of work within a street or easement that contains a water facility,
a utility encroachment permit application shall be filed with the
Township for review and approval (See Form E-2 entitled "Utility Encroachment
Permit Application").
B.
A utility encroachment permit application must be accompanied by
the following:
(1)
An application fee in the amount of $200.
(2)
An escrow fee of not less than $200. Any fees required for reviews
in excess of $200 shall be paid by the applicant prior to the issuance
of the utility encroachment permit.
(3)
A cash deposit equal to the estimated cost of restoration, but not
less than $500 as a performance bond. The bonding amount will be determined
by the Township Engineer as part of the review of the application.
Utility companies working under an annual guarantee (bond) are not
required to post the cash deposit.
(4)
A certificate of insurance specifically naming the Township of Allamuchy
as "Additionally Insured" shall be provided to the Township of Allamuchy,
which meets or exceeds the following coverage and includes the following
information:
(a)
Workmen's compensation and employer's liability insurance
the contractor shall take out and maintain during the life of this
contract and adequate workmen's compensation and employer's
liability insurance for all employees employed in connection with
the work, and in case any work is sublet, the contractor shall require
each subcontractor similarly to provide workmen's compensation
and employer's liability insurance for the employees of the latter,
unless such employees are covered by the protection afforded by the
contract. Employee's liability insurance shall have limits not
less than $500,000 per accident, or for disease $100,000 per claim.
(d)
The policy number and period.
(e)
A description of work for which the certificate covers.
(f)
Name and address of insured.
(5)
Twenty-four-hour phone number for emergencies.
(6)
The name, telephone number, and mailing address (fax number, cell
phone, and e-mail address if available) of the person who will receive
all office correspondence from the Township of Allamuchy.
(7)
A plan that includes the following information and details:
(a)
Name of the street or easement location to be encroached and
the nearest cross street.
(b)
Distance of proposed encroachment from the face of curb or edge
of pavement and Township water facilities.
(c)
Distance of proposed encroachment from the intersection.
(d)
The size of the encroachment (length and width).
(f)
The location of any existing underground facilities and the
location of underground facilities to be installed showing:
[1]
Conduit vaults, maintenance holes, pipes, etc.
[2]
Structural detail and additional information for structures
to be installed such as vaults and maintenance holes.
[3]
The construction method of the structure to be installed.
[4]
Construction detail, location, size, design criteria and the
purpose of the facility to be installed.
[5]
The relationship between the proposed underground facilities
and Township water facilities.
[6]
Plans and details for any repair or reconstruction of Township
water facilities impacted by the construction.
(g)
Maintenance and protection of traffic plan if required by the
owner of the street.
C.
Once the plans and application are approved by the Township Engineer,
the utility encroachment permit will be issued by the Township. Prior
to the release of the permit, the applicant shall post all required
bonds and pay all required fees, including any past due fees, fines,
or penalties owed by the applicant. In addition, the applicant shall
be required, if applicable, to address any prior violations that are
still open prior to the release of any new permits.
D.
A preconstruction conference shall be conducted by the Township Engineer
for any project that is scheduled to have a duration greater than
one week. The utility company and contractor involved in the project
shall be in attendance at the meeting.
E.
Prior to any excavation, the applicant shall provide evidence to
the Township Engineer that the "Underground Facility Protection Act"
has been complied with.
F.
Utility encroachment permits issued by the Township are valid for
one year unless otherwise specified. The permit shall expire and become
void unless the work has been performed and substantially completed
within the duration allotted. Applicants may seek an extension of
time from the Township to prevent a previously issued permit from
expiring.
A.
Any person, firm or corporation violating any provision of this article
shall be subject to one or more of the following: a fine outlined
in the table below, a term of imprisonment not exceeding 90 days or
a period of community service not exceeding 90 days. This shall be
in addition to any other remedies available to the Township to enforce
this article.
|
Violations
|
Action/Fine
| |
|---|---|---|
|
1.
|
Working without a permit.
|
Notice of violation, stop work, and apply and pay for the required
permit followed by a $750 fine if still noncompliant after seven days.
|
|
2.
|
Beginning a "project" without having a pre-construction meeting.
|
Notice of violation, followed by a $500 fine if still noncompliant
after two days.
|
|
3.
|
Violation of permit conditions.
|
Notice of violation, followed by a $500 fine if still noncompliant
after two days.
|
|
4.
|
Working without the submission of a notification per § 296-46.
|
Notice of violation, followed by a $500 fine if still noncompliant
after two days.
|
(1)
The above fines, when assessed, shall be paid by the applicant within
seven days of the issuance of the fine.
B.
Suspension.
(1)
Whenever the Township Engineer or his designee finds that a suspension
of a utility encroachment permit is necessary to protect the public
health or safety from imminent danger, the Township Engineer or his
designee may immediately suspend any such permit pending a hearing
for remedial action or revocation. The Township Engineer or his designee
shall, within three working days of the emergency suspension, give
a written notice of such suspension to the permittee, by personal
service or by first class mail, postage prepaid, to the last known
address of the permittee. The permittee may, within 15 days after
service of such a written notice of suspension, file with the Allamuchy
Township Administrator a request for hearing regarding the suspension.
The Allamuchy Township Administrator or his or her designee shall
schedule a hearing on the suspension within five working days of receipt
of a request for hearing. If the Allamuchy Township Administrator
or his or her designee, after the hearing, finds that the public health
or safety requires correction or alteration of any condition caused
by, or existing on the site of the encroachment, he or she shall issue
one or more of the following:
(a)
An order to correct any particular noncompliance.
(b)
A revocation of the encroachment permit.
(c)
A continued suspension of the encroachment permit, until such
time as the dangerous condition is corrected.
(d)
A modification or reinstatement of the encroachment permit,
with conditions as necessary to prevent harm to the public.
(2)
The Allamuchy Township Administrator or his or her designee shall,
within 10 days of the hearing, render a written opinion, stating the
findings upon which the decision is based, and the action taken. The
decision of the Allamuchy Township Administrator or his or her designee
shall be final, except a decision to revoke the permit which may be
appealed to the Township of Allamuchy Governing Body.
C.
Revocation.
(1)
The Township Engineer or his designee may recommend that the Township
of Allamuchy revoke a permit where he or she finds that:
(a)
The permittee has violated any provision of this Code or conditions
of the permit; or
(b)
The permittee has failed to pay any required fees, or to post
or maintain any bond or insurance required by this chapter; or
(c)
The encroachment for which the permit was granted adversely
affects the safety, capacity, or integrity of a Township water facility.
(d)
Material misrepresentations, omissions, or inaccuracies were
made in the application for the permit.
(2)
The Township Engineer or his designee shall give the permittee at
least 10 days' written notice of a hearing before the Allamuchy
Township Administrator or his or her designee on the proposed revocation
of a permit issued pursuant to this chapter, setting forth the grounds
for such action. If, after reviewing all evidence presented before
or at the public hearing, the Allamuchy Township Administrator or
his or her designee makes any one of the five findings set forth above,
he or she may revoke the permit. The Allamuchy Township Administrator
or his or her designee shall, within 10 days after the close of the
hearing, render a written opinion, stating the findings upon which
the decision is based, and the action taken. The decision of the Allamuchy
Township Administrator or his or her designee may be appealed to the
Allamuchy Township Governing Body.
A.
The Township of Allamuchy recognizes that an emergency may arise that requires a utility company to excavate, expose, and repair a pipe, conduit, wire, or structure without the public notification required in accordance with § 296-46.
B.
Notwithstanding the fact that a utility company or contractor cannot submit Form E-1 30 days in advance of a potential encroachment on a street or easement that contains a Township water facility pursuant to § 296-46 due to the need to address an emergency, the utility company or contractor shall do the following:
(1)
Notify the Township Engineer and Township Water Operator that work
will be performed to address an emergent situation to permit the Township
to track the work in the field to ensure that a water facility will
either not be disturbed or shall be reconstructed or restored if disturbed.
(2)
Complete and submit Form E-1 to the Township Engineer within 24 hours
of the start of work within the street or easement to address the
emergency.
C.
Upon receipt of completed Form E-1, the Township Engineer shall review the information to determine if the emergency work impacted a Township Water Facility pursuant to § 296-46C(4). If a Township water facility was found to have been impacted and was not reconstructed, restored or reset during the emergent work, the utility company or contractor shall perform the required reconstruction or repair work. Prior to performing the repair work, the utility company or contractor shall obtain a utility encroachment permit in accordance with the provisions in § 296-47.
