[HISTORY: Adopted by the Township Committee
of the Township of Kingwood 6-27-1969. Amendments noted where applicable.]
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.
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 § 109-16, 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, they or it has liability insurance during the period required for the proposed improvement in the following minimum amounts:
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.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes applicant's agents, servants, representatives and
any contractors employed by it.
Refers to the person or persons employed by the Township
to supervise and inspect the progress of the work.
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 linear feet.
At all times during the course of construction,
1/2 of the street or road shall be open for public travel.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
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 $95 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 $120 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 $100 for each excavation applied for. The fees so paid shall be
turned over to the Township Clerk for general purposes.
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.
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.
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.
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 consistent with the requirements of N.J.A.C. 5:21-4.19 of the Residential Site Improvement Standards based upon roadway classification.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
E.
Manholes shall be set at grade under the supervision
of Township Engineer.
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.
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.
[1]
Editor's Note: Former § 109-13, Surplus material,
of the 1979 Code was repealed 11-4-2021 by Ord. No. 21-20-2021.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
The applicant shall deposit with the Clerk of
the Township the sum of $380 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.
[1]
Editor's Note: Former § 109-15, Deposit for house
connections, of the 1979 Code was repealed 11-4-2021 by Ord. No. 21-20-2021.
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.
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.
[Amended 3-16-1979 by Ord. No. 4-7-79; 11-4-2021 by Ord. No. 21-20-2021]
