[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:
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.
