Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Kingwood 6-27-1969. Section 109-18 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 112.

§ 109-1 Permit required; emergencies.

No person, persons or corporation shall do any excavating or disturb any street or road surface, shoulder or bank areas in the Township of Kingwood, including all streets and roads in private developments not a part of the township road system at the time of excavation but where it is contemplated that application will subsequently be made to have the said streets or roads become a part of the township road system, for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe or any electric, telephone or telegraph pipes or conduits, or for any other purpose whatever, without first having obtained a permit from the Clerk of the Township of Kingwood. In the event of emergency where repairs must be made immediately and the person, persons or corporation charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then and in that event the excavation may be made for the purpose of stopping a leak or interruption in service of the utility. As soon as the leak or interruption in service has been repaired and an emergency no longer exists, the person, persons or corporation having made the excavation shall forthwith apply for a permit and comply with all the other provisions of this chapter. In emergency matters and in the absence of the Clerk, a permit may be issued by the Mayor or a member of the Township Committee.

§ 109-2 Application for permit.

A. 
Application information.
(1) 
Any person, persons or corporation desiring such permit shall file with the Township Clerk or other designated official in the event of emergency a signed application containing the following information:
(a) 
The name and address of the applicant.
(b) 
The purpose for which the opening is to be made.
(c) 
A clear description of the location of the proposed opening.
(d) 
Three complete copies of the plans and specifications showing the work contemplated to be done and indicating clearly the section of pavement, shoulder or bank which the applicant desires to open. Three complete as-built plans shall be filed if any changes are made from the original plans.
(e) 
The length, width and depth of the proposed opening.
(f) 
The outside diameter of all proposed manholes.
(g) 
The distance of the proposed opening from the nearest curb or ditch line, or edge of pavement where road is paved, so that some suitable tie-in for later location purposes is shown.
(2) 
Whenever any of the above requirements cannot be stated with exactness, the words "subject to Engineer's consent during construction" shall be used for the information given.
B. 
The following additional material shall be provided:
(1) 
The estimated date of commencement and the estimated date of completion of the proposed work. These estimates can be based on past experience in doing similar work. In the event of unforeseen circumstances beyond the control of the applicant, the applicant may apply for an extension of the completion date.
(2) 
The approximate cost of backfilling, tamping and repaving work in all cases where a bond is to be furnished.
(3) 
An agreement in writing to save the Township of Kingwood harmless from any loss, injury or damage whatsoever resulting from the course of construction, whether directly or indirectly connected with the work, or from any negligence or fault of the applicant, its agents, servants, representatives or contractors in connection with the performance of the work covered by the plans.
C. 
Except as provided in Section 17, relative to New Jersey Public Utility Corporations, the applicant shall, as a part of each application, annex thereto a certificate by its liability insurance carrier acceptable to the township, showing that he/she, they or it has liability insurance during the period required for the proposed improvement in the following minimum amounts:
(1) 
For personal injury to one person: $100,000.
(2) 
For personal injury for one accident: $300,000.
(3) 
For property damage: $50,000.
D. 
Except as provided in § 109-16 relative to New Jersey public utility corporations, the applicant shall, as a part of each application, annex thereto a certificate showing that the applicant is covered by workmen's compensation during the period required for the proposed improvement.
E. 
Said application is to be filed with the Clerk in sufficient time to provide a forty-eight-hour notice to the Township Engineer so that inspection of the project may be arranged for.

§ 109-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Includes applicant's agents, servants, representatives and any contractors employed by it.
ENGINEER or TOWNSHIP ENGINEER
Refers to the person or persons employed by the township to supervise and inspect the progress of the work.

§ 109-4 Guarding excavations.

The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon of adequate nature to warn the public from one hour before sunset to one hour after sunrise. No greater portion of the street, road, shoulder or bank shall be left open at any one time in excess of 500 lineal feet.

§ 109-5 Keeping roadway open.

At all times during the course of construction, 1/2 of the street or road shall be open for public travel.

§ 109-6 Application and inspection fees.

A. 
The applicant shall pay to the township the amount charged by the Engineer or his representative for inspection and supervision of the work and shall at all times comply with the requirements of said Engineer or inspector. The rate charged by the Township Engineer for supervised inspection is $8 per hour, with one-half-day minimum charge for each inspection. The rate charged by the Township Engineer to settle disputes or make rulings is $20 per hour. This charge should be unnecessary if the contractor complies with the provisions of this chapter.
B. 
The applicant shall, in addition to all other fees, pay to the Clerk of the township upon filing its application a fee of $2 for each excavation applied for. The fees so paid shall be turned over to the Township Clerk for general purposes.

§ 109-7 Time for performance of work.

All work performed must be done within the time specified by the Engineer or the inspector. If the applicant does not comply with this requirement, or if in the judgment of the Engineer it keeps open and unrepaired any portion of the work for an unreasonable length of time, the street, road, shoulder or bank may be refilled and repaired by the township at the expense of the applicant upon the 10 days' notice having been given to the applicant.

§ 109-8 Elimination of nuisances.

If dust, dirt or other detrimental material continues to arise as a result of the work or neglect of the applicant, its agents, contractors or representatives, or if a nuisance is, in the opinion of the Engineer, caused by the actions of any of said parties, the Engineer may stop the work until the situation complained of is eliminated. The Engineer may direct that suitable amounts of calcium chloride or other dust-settling material be used as may be required. Streets and paved surfaces must be kept broom clean. If dust persists, streets may be required to be hosed clean.

§ 109-9 Blasting; protection of utilities.

No blasting shall be allowed unless permitted by the Township Engineer. Work shall be so conducted as not to interfere with the existing utilities, water mains, sewer lines, gas pipes or electrical conduits or the service connections thereof, and in case of injury to any such utility, it shall be the duty of the applicant, at its own expense, to properly repair or replace the same. The applicant shall not at any time come closer than three feet to any trunk line water pipe without permission of the Engineer. Such pipe shall be protected or temporarily supported as directed by the Engineer. Wherever the construction work passes under a service line of water, sewer lines, gas pipes, electrical conduits or the service connections thereof, the applicant shall cause, where the Engineer shall deem necessary, the same to be temporarily supported by a brace extending six inches or more into the solid earth on each side of the trench and extending the full width of the road. The brace so used shall be of such material and placed as directed by the Engineer and may be removed when backfill has been satisfactorily placed each side of the brace. No excavation shall be made which in the opinion of a competent nurseryman will damage shade trees.

§ 109-10 Backfilling and restoration.

A. 
In placing backfill, the applicant or his contractor shall use a mechanical or vibrating tamping machine. Six to 12 inches of backfill shall be tamped as directed by the Engineer. Whenever the Engineer considers the excavated material unsuitable for backfill, the applicant shall backfill the trench with sand or bank-run gravel or such other material as the Engineer may direct, acceptably compressed as directed.
B. 
On unimproved roads and shoulders, the backfill shall be brought up to within seven inches of the existing surface grade. There shall then be placed six inches of two-and-one-half-inch crushed stone ballast which shall be bound up with Grade B screenings and thoroughly compacted. The top one inch shall be three-fourths-inch crushed stone, quarry blended, with sufficient fines to make a tight, stable surface.
C. 
On banks and slopes of improved or unimproved township roads or grass sidewalk areas, the topsoil shall be saved and carefully replaced after the trench has been tamped properly and settled completely. The topsoil shall be replaced after final settlement, shall be raked evenly and shall have rye grass seed sown thereon or other means satisfactory to prevent erosion of slopes and banks. The applicant or his contractor may bring in sod in order to restore slopes, banks or sidewalk area to a satisfactory condition.
D. 
Where street was previously paved, the pavement shall be placed on backfill as required in Subsection A above. The type of paving shall be as for a seven-inch improved pavement. It shall have a base of four inches (compacted depth) of two-and-one-half-inch crushed stone ballast bound up completely with Grade B screenings. The pavement surface shall be one of the following types:
(1) 
Two inches of one-and-one-half inch crushed stone penetrated with 1.90 gallons per square yard (cold measure) of tar, Grade RT-11 or 12, or asphalt OA4, covered with three-fourth-inch or five-eighths-inch crushed stone or gravel chips and then covered with a one-inch compacted depth of Type A or T or FABC-1 premixed surface pavement. All work shall be done under the state highway specifications or equivalent approved by the Township Engineer.
(2) 
Three inches of one-and-one-half inch crushed stone penetrated with two applications of the same grades of bituminous material as mentioned in Subsection D(1) above, the first application being two gallons per square yard (cold measure) and covered with three-fourths-inch or five-eighths-inch crushed stone or gravel chips, and the second application being approximately 0.75 gallons per square yard (cold measure) and covered with three-eighths-inch crushed stone or crushed gravel chips. All operations shall be completely rolled. After 30 days a seal coat of 1/3 gallon per square yard (cold measure) of tar, Grade RT-7 or 8, or asphalt RC-2 or 3, is applied and covered with 25 pounds per square yard of three-eighths-inch crushed stone or gravel chips and rolled. All work shall be done under the state highway specifications or equivalent approved by the Township Engineer. Type of bituminous material used in seal coat must agree with that used in penetration, i.e., tar or asphalt.
(3) 
The replaced pavement shall conform to the existing pavement type if this existing pavement is found adequate by the Township Engineer. If the old pavement is too poor to be matched, no repaving shall be done with less than a three-inch penetration macadam surface or a four-inch macadam foundation as per the above requirements of this Subsection D.
E. 
Manholes shall be set at grade under the supervision of Township Engineer.

§ 109-11 Excavations in blacktop pavement.

A. 
The existing blacktop pavement shall be cut in a straight line prior to any excavation being made. Excavation shall only be allowed between the cuts so made. If the edge of the excavation is ragged or zigzag when it comes time to repave the street or shoulder, then the street pavement shall be cut out in a straight line as directed by the Township Engineer, parallel to the line of the excavated trench in a width sufficient to straighten out any rough edges, and the entire area shall then be repaved.
B. 
Pending the actual repaving operation stated above, the contractor shall use a temporary fill over the trench of such material as may be directed by the Engineer, to the end that no loose stones, mud or dirt may impede the flow of traffic. The Engineer may at any time require any irregularity in the surface to be immediately taken care of.
C. 
The applicant assumes the responsibility of refilling the trench as it may sink from time to time and keeping it level with the balance of the pavement.
D. 
After repavement the applicant shall be under the duty of maintaining the trench for a period of 18 calendar months and assume the responsibility of refilling the trench as it may sink, as directed by the Engineer, and in case of undue settlement, may be required to open the trench to ascertain the cause of the undue settlement and to remedy the same as required by the Engineer.
E. 
Upon the failure of the applicant to comply with any of these requirements, the township may do the necessary repairs and replacements and charge the same to the applicant as provided for in § 109-7.

§ 109-12 Restoration of tunnels.

In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed soil composed of a mixture by volume of one part cement to six parts of coarse aggregate material such as sand or bank-run gravel.

§ 109-13 Surplus material.

Surplus material such as broken-up concrete or excavated material shall be disposed of by the applicant by placing the same at any point within the township specified by the Engineer within one mile of the project, and it shall be the duty of the applicant to dump and grade, if necessary, the said material as directed by the Engineer. If the township does not require the material within one mile of the project, the applicant must dispose of it in a satisfactory location.

§ 109-14 Cash deposit required.

The applicant shall deposit with the Clerk of the township the sum of $50 with each application for each opening to be made in the road pavement, shoulder or bank. A maximum continuous opening of not more than five feet in length may be made under such deposit. If the proposed excavation is for more than a single hole of up to five feet in length, the Township Engineer shall determine the amount of the deposit.

§ 109-15 Deposit for house connections.

For house connections the deposit shall be $50 for each opening, regardless of the type of pavement or the length of the ditch.

§ 109-16 Bond in lieu of deposit.

The applicant may, in lieu of a cash deposit, submit a surety bond, which, upon approval of the Township Committee, shall have the same force and effect as a cash bond. Said bond shall by its terms provide for payment of any damages by or from the acts of the applicant, its agents, servants or subcontractors and save the Township of Kingwood harmless from any suits at law or otherwise which may result from damages sustained by any persons or property as a result directly or indirectly of the work performed under the permit. Public utility corporations of the State of New Jersey may file a corporate bond on a yearly basis in an amount of $5,000 in lieu of cash or construction bonds.

§ 109-17 Release of bond or deposit.

All street or road surfaces so restored shall be subject to final release and acceptance in writing by the Township Engineer. No deposit money shall be returned nor bond released until 18 months after the completion of the project and its acceptance by the Township Engineer, and then only upon the above-written certification by the Township Engineer that the said work has remained in a satisfactory condition for the said 18 months.

§ 109-18 Violations and penalties. [1]

Any person, persons or corporation who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment in the county jail not exceeding 90 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.