Township of Washington, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 8-18-1975 (Sec. 13-1 of the Revised General Ordinances); amended in its entirety 8-16-2004 by Ord. No. 17-04]
A. 
No person shall open, excavate or tear up the surface of any public road, street, road shoulder, curb, sidewalk or right-of-way under the control of Washington Township, or otherwise endanger or obstruct the normal flow of vehicular or pedestrian traffic, by the placing of any barricade, structure or material or equipment that is not normally designed to be operated on the public highway, without first obtaining a written permit from the Township Engineer or consulting engineer. The application shall indicate the proposed date upon which the operation will start and the proposed date upon which the operation will be completed. These dates will be contingent upon weather conditions and approval of the application. A permit for a specific project will require completion of the project no later than 10 consecutive days from the starting date. "Specific project" shall mean a single installation, such as a waterline, a storm sewer or other utility, each of which will constitute a separate project and require a separate permit. Upon a demonstration of special or unusual conditions, an application for a permit may be approved for not more than 30 consecutive days subject to such conditions as may be imposed by the Township Engineer or consulting engineer, pursuant to a recommendation from the Department of Public Works and the Police Department. If the work is not completed within this period, a new permit shall be required along with the appropriate fees. A separate application shall be filed for each road to be affected, if multiple roads are included in the same project.
B. 
No opening or excavation shall be permitted within the surface of any public road, street or right-of-way under the control of the Township upon which a permanent pavement has been placed within five years of the date of the application of such pavement, except as noted in § 172-38.
[Amended 6-20-2005 by Ord. No. 23-05]
C. 
Street openings within the paved or improved surface of any road, street or right-of-way shall be restricted between November 1 and April 20, except that the Township Engineer or consulting engineer, after consultation with the Superintendent of Public Works, shall have the authority to waive these requirements in instances where he determines that suitable weather conditions exist.
D. 
The applicant shall supply a current New Jersey "One-Call" confirmation number, to document compliance with the underground utility location law.
Application shall be made in writing for a permit for any excavation within any roadway, the maintenance of which is the responsibility of the Township, for any purpose whatsoever. The application shall state the purpose of the excavation, namely, sewer, water, gas, telephone or any other purpose. The application shall be accompanied by an engineered plan, or sketch, drawn to scale, of the area to be disturbed, including proposed dimensions and restoration details, and shall also be accompanied by an application fee of $100 and an escrow deposit of:
A. 
Three hundred dollars for all openings up to 50 linear feet.
B. 
Five hundred dollars for all openings consisting of from 50 to 100 linear feet.
C. 
One thousand dollars for openings more than 100 linear feet.
D. 
One hundred fifty dollars for utility service connections for approved utilities (utilities where restoration and maintenance guarantees are covered by annual bonds).
A. 
No person shall be granted a permit to open any street or roadway or do any work within a Township right-of-way until a restoration deposit in accordance with the following schedule has been submitted to guarantee the proper restoration, replacement or repair of property damaged or destroyed by the permittee:
(1) 
Lawn areas: $6 per square yard.
(2) 
Shoulder areas: $12 per square yard.
(3) 
Paved roads: $24 per square yard.
(4) 
Sidewalks: $50 per square yard.
(5) 
Curbings: $18 per linear foot.
(6) 
Dirt or gravel roads: $12 per square yard.
B. 
A minimum payment shall not be less than $500, and the Township Engineer or consulting engineer may set fees higher than those listed above when, in his opinion, cost will exceed the stipulated amounts.
C. 
In lieu of posting a cash payment for restoration deposit, the permittee may post a combination of cash and bond, except for the minimum fee of $500, which shall be all cash. The cash portion shall be 50% of the total amount required and in the form of a certified check or money order. The remaining 50% shall be guaranteed by the posting of a surety bond. Upon written request by a permittee, the Township Engineer or consulting engineer shall cause an inspection of the excavation to be made and shall submit his recommendations to the Township Committee for acceptance of satisfactory restoration.
D. 
In the event that a utility company or other similar entity will be regularly excavating within the Township, a restoration deposit in the form of a bond may be posted with the Township Clerk. The form and amount of said bond shall be approved by the Township Engineer or consulting engineer prior to the issuance of any street opening permits.
A. 
Minimum.
(1) 
A minimum of $200, either in cash or certified check or money order, shall be retained by the Township for a period of not less than one year from the date of acceptance of the restoration completed by the applicant for work within the municipal right-of-way that does not affect improved areas of the pavement, curb, sidewalk or other appurtenances. Said acceptance shall be made by the Township Engineer or consulting engineer.
(2) 
A minimum of $500, either in cash or certified check or money order, shall be retained by the Township for a period of not less than two years from the date of acceptance of the restoration completed by the applicant for work within the municipal right-of-way that disturbs improved areas of the pavement, curb, sidewalk or other appurtenances. Said acceptance shall be made by the Township Engineer or consulting engineer.
B. 
In the case of a large street opening requiring extensive restoration, either the Township Engineer or consulting engineer may require a maintenance bond or certified check in an amount of 15% of the amount of the restoration deposit, which is to be retained for two years from the date of acceptance, provided that in no event shall the amount retained be less than $500.
C. 
In the event that repairs become necessary to the restored excavation area during the maintenance period, the Township shall notify the applicant and shall expect the necessary repairs to be completed within 48 hours of notification. If these repairs are not completed within 48 hours, the Township shall complete the necessary repairs and charge the expenses of the same against the maintenance guaranty.
D. 
After passage of the applicable time period set forth in § 172-34A and upon written request from the applicant, the Township Engineer or consulting engineer may recommend acceptance of a satisfactory restoration, after which all deposits shall be released by the Township and will not include interest accrued.
A permit shall not be issued unless and until the applicant has delivered to the Township a certificate of insurance evidencing that the applicant has obtained a comprehensive general liability insurance policy, including underground excavation coverage, a workman's compensation and employer's liability policy and a comprehensive automobile insurance policy and guaranteeing notification to the Township in the event of cancellation thereof. The comprehensive general liability and automobile insurance policies shall have limits of at least $1,000,000 for bodily injury to each person, $2,000,000 in the aggregate for each accident, property liability of $500,000 for each accident and $1,000,000 aggregate property damage. Since the permittee's insurance certificates do not cover subcontract work, all subcontractors employed by the permittee must submit their own insurance certificates in the amounts required above.
A. 
The permittee shall submit blueprints or plans in duplicate to the Township for approval, and if it is considered necessary or desirable, a general inspection may be directed by the Township to be made by the Township Engineer or consulting engineer. After the approval of the blueprint or plan, if in the course of the proposed construction shown thereon any changes or deviations become necessary in the work, the permittee shall obtain the approval of the Township Engineer or consulting engineer before making the changes or deviations. Upon completion of the entire work, the permittee shall file plans with the Township Engineer or consulting engineer showing in full detail all the work after its completion (as-built).
B. 
In addition to the general inspection by the Township Engineer or consulting engineer, an inspector may be placed on the work site by the Township if deemed necessary and desirable, at the expense of the permittee and at the prevailing rate of wage paid by the Township.
It shall be the duty of the permittee to properly guard any excavation and storage piles by erecting suitable bafflers during the day and lights during the night, or warning signs and providing a watchman if deemed necessary by the police and/or the Superintendent of Public Works, or his designee, and/or the Township Engineer or consulting engineer. All traffic control devices used on road or street construction or maintenance work shall conform to Chapter IV, "Work Zone" of the Manual on Uniform Traffic Control Devices (MUTCD). The permittee shall be liable for any neglect in safeguarding the traveling public. If the excavation extends the full width of the road, only 1/2 of it shall be made at one time, and it shall be backfilled before the other half is excavated, so as not to interfere with traffic.
A. 
Any Township road surface, sidewalk, curb, gutter, shoulder or grassed areas disturbed or destroyed by the permittee shall be restored by and at the total expense of the permittee to as good as or better condition than it was before commencement of the work. The road surface shall be replaced in accordance with the requirements of Subsections C and D. Upon completion of the restoration work and after approval of the work by the Township Engineer or consulting engineer, the permittee shall maintain the work in an acceptable condition at his expense for two years after the approval of the work. No roads shall be encumbered for a longer period than is necessary to execute the work. If the work is not satisfactorily completed within a reasonable time, and after due notice to the permittee, the Township Public Works Department may finish the work and deduct the cost of the same from the total deposit, as required in § 172-33. After the work is completed by the Township, any balance remaining from the total deposit shall be returned to the permittee.
B. 
Within any traveled way, the entire excavation shall be backfilled with dense graded aggregate, or other suitable, well-drained, select material. The Township Engineer or consulting engineer shall approve all backfill material used by the permittee. The backfill material shall be placed and tamped in layers not exceeding one foot in depth.
C. 
All new pavement replacement shall be made in kind, except that in no case shall it be less than a total of six inches compacted thickness. All new pavement shall consist of a minimum of four inches compacted thickness of bituminous stabilized base, Mix No. 1, and a wearing surface of two inches compacted thickness of FABC, Mix No. 5. Pavement replacement in areas requiring more than six inches overall thickness shall consist of a minimum of three lifts of asphalt, and in no case shall one individual lift exceed four inches compacted thickness. Prior to installing the final wearing surface, the edges of the existing pavement shall be cut straight and painted with asphaltic cement, Grade RC-70, to provide a waterproof joint and adhesion between the existing and new pavement.
D. 
On all other roads, the surface course shall be six inches compacted thickness of Type 5, Class A, soil aggregate, or dense graded aggregate (DGABC).
E. 
All materials and methods of construction shall comply with the New Jersey Department of Transportation Standard Specification for Road and Bridge Construction, dated 1988, and all revisions and amendments thereto.
Emergency street openings may be made without the necessity of a written application in emergency situations, such as broken or frozen water mains or other situations which would endanger public life, health and safety, provided that notice shall be immediately given to the Police Department and Department of Public Works and that written application for a permit shall be made to the Department of Public Works for approval by the Township Engineer or consulting engineer as soon as practical and, in any event, not exceeding 48 hours from the start of the excavation.
A. 
No person shall place material of any description whatsoever, or vehicles or other equipment of any nature, upon any road or street, so as to interfere with the flow of water along the gutters or with traffic.
B. 
No excavation shall be opened for a distance of more than 200 feet at any one time. From November 1 to April 20, all excavations shall be backfilled and all equipment removed from the public right-of-way at the end of each day's work and at such times as may be required for noninterference with snow removal.
C. 
The Township Engineer or consulting engineer, Department of Public Works and the Police Department shall be notified 24 hours in advance of the exact time of starting work on all excavations, and 24 hours in advance of the replacement of the pavement base and surface courses.
D. 
All work performed and material furnished shall be in compliance with the rules, regulations and specifications of the Township.