[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-1990 by Ord. No. 364 (Ch. 85 of the 1977 Township Code)]
Editor's Note: This ordinance also repealed former Ch. 85, Street Excavations and Encroachments, adopted 5-2-1968 by Ord. No. 112, as amended.
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
- Any person making written application to the Township of Upper Deerfield for an excavation permit hereunder.
- The excavation, opening or any other work performed under a permit and required to be performed under this article.
- Any person who has been granted and has in full force and effect a permit issued hereunder.
- Any person, firm, partnership, association, corporation, municipality, company or organization of any kind.
- Any street, highway, alley, avenue or any other public way or public ground in the Township of Upper Deerfield and under control of the Township of Upper Deerfield.
It shall be unlawful, except in an emergency as set forth in Subsection B, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the Township of Upper Deerfield as herein provided:
To dig up, excavate, tunnel, undermine or in any manner break up any street.
To make or cause to be made any excavation in or under the surface of any street for any purpose.
To place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street.
To perform any other operation on any street which in any manner interferes with or disturbs the surface of such street.
In the event that any street main, conduit or other utility installation in or under any street, alley or public way shall burst, break or otherwise be in such condition as seriously to endanger persons or property, the owner of such sewer main, conduit or other installation shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making permanent repairs to such street or alley until he shall have secured a permit as hereinafter provided. Such permit shall be applied for within three working days after such break or serious trouble shall have developed, and the necessary permanent repairs to the street, alley or sidewalk shall be made as directed by and shall be completed as soon as practicable after receipt of the permit.
A written application on forms furnished by the Township for the issuance of an excavation permit shall be submitted to the Township Clerk.
The permittee has the additional responsibility of submitting evidence of compliance with N.J.S.A. 48:2-73 et seq., providing for notice of such excavations for gas companies. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site and, if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto.
Upon application and payment of the fees and deposits for which provision is hereinafter made, the Township Clerk, after review and approval of said application by the Township Engineer, may issue a permit to excavate or open the surface of any Township road.
For any extensive opening (those longer than 100 linear feet or more than 50% of the pavement width), a resolution must be passed by the Township Committee before any permit can be granted and before any work is commenced. The Township Committee may, in its discretion, pass a blanket resolution good for one year, giving utility authorities and municipalities or their contractors permission to make numerous unspecified extensive openings on Township roads throughout the year, provided that proper application forms are filed in the Township Clerk's office before commencing work.
No permit shall be issued for any road which has been constructed or reconstructed for a period of five years after the completion of said construction or reconstruction, except in an emergency situation.
No permit shall be issued for any road which has been overlaid with bituminous concrete for a period of three years after the completion of said overlay, except in an emergency situation.
The Township Committee may by resolution waive the five-year and three-year restrictions mentioned previously.
The Township Committee may, at its discretion, in the case of Township roads which carry exceptionally heavy volumes of traffic, forbid any opening or tearing up or excavating such road except in the event of an emergency situation.
Permits shall become null and void unless work is commenced within 45 days of the issuance of said permit, unless an extension is granted, in writing, by the Township Clerk, upon approval of the Township Engineer.
The applicant shall give a twenty-four-hour notice to the Township Engineer or his duly authorized representative prior to making any road openings, except in case of emergency as provided in § 352-2B. No opening shall be commenced on a Saturday, Sunday or a holiday unless in cases of emergency. If done, inspection must be paid for by the applicant at a rate set forth in § 352-6F.
[Amended 5-17-2018 by Ord. No. 777]
A permit fee shall be charged by the Township Clerk for the issuance of a permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work.
Administrative fee: $25.
Driveway openings: $100.
All other openings: 2% of construction costs.
The applicant, upon securing said permit, agrees to indemnify and hold harmless the Township of Upper Deerfield and/or the Atlantic County Municipal Joint Insurance Fund and their agents and employees from and against all claims, damages, losses and expenses, including reasonable attorneys' fees, in case it shall be necessary to file an action arising out of performance of work involved with said permit, which is for bodily injury, illness or death or for property damage, including loss of use, and caused in whole or part by the permittee's negligent act or omission or that of a contractor or subcontractor or that of anyone employed by him or for whose acts the permittee, contractor or subcontractor may be liable. This indemnification and agreement shall apply in all instances whether the Township of Upper Deerfield and/or the Atlantic County Municipal Joint Insurance Fund is made a direct party to the initial action or claim or is subsequently made a party to the action by third-party in pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues emanating from the original cause of action or claim.
Any permit issued shall only become valid after the applicant delivers to the Township Clerk certificates of insurance based on the following requirements:
Two million dollars general liability, including contractual liability/completed operations.
Contractors' insurance to be primary.
Thirty-day notice of intent to cancel, nonrenew or make material change in coverage.
Township to be named as additional insured.
A signed hold-harmless agreement.
All insurance policies shall remain in effect until the Township Engineer signs the certificate of satisfactory completion.
On projects done by outside contracts where a utility company or authority or a municipality is requiring a certificate of insurance greater than or equal to the Township of Upper Deerfield requirements, the contractor's policy must name the Township of Upper Deerfield as beneficiary.
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions, as nearly normal as practicable, shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall keep all road and street openings guarded at all times and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices maintained throughout the performance of the work, and no greater part of any road shall be opened than that specified in the permit.
No Township road shall be closed to traffic without the prior consent of the Township Committee of the Township of Upper Deerfield. In the event that a road is closed, uniformed police may be required to act as traffic directors, and the proper traffic control devices shall be erected and maintained in accordance with standards described in the latest edition of the Manual on Uniform Traffic Control Devices, as published by the Federal Highway Administration. The permittee desiring to close a road to traffic shall notify the proper authority of the municipality in which the opening is to be made.
Where flagmen are deemed necessary by the Township Engineer, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In the instances in which this would not be feasible, the Township Committee Chairman or his designee will designate detours. The Township shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee, but in case there are not existing highways, the permittee shall construct all detours at his own expense and in conformity with the specifications of the Township Engineer.
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
The following measures shall be taken to ensure the safety and protection of the traveling public:
Any portions of work areas not closed to traffic must be temporarily patched with cold patch, a minimum two inches thick and properly maintained, until final paving is installed.
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible.
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Timber decking shall be not less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall not be less than three feet in width and shall be provided with a railing as required by the Township Engineer.
It is urged that all utilities be constructed with a minimum of three feet of cover to provide protection for the utilities in the event that future road reconstruction, repair or modifications necessitate excavation, undercutting or installation of facilities in the area where the utility is located. This location will in no way relieve the utility owner of the responsibility of relocating said utility at said utility owner's expense in case of conflict with future construction, reconstruction or modification of related facilities.
All work shall be governed by the New Jersey State Department of Transportation 1989 Standard Specifications for Road and Bridge Construction, with all amendments and supplements, except as supplemented herein.
For all openings:
The paved roadway surfaces shall be cut vertically with a sharp tool on a straight line before excavating.
The material excavated from the trench opening shall not be replaced as backfill unless specifically permitted by the Township Engineer or his authorized agent.
Clean granular backfill shall be furnished from outside sources and deposited in layers and compacted in such a manner and by such matters as to achieve ninety-five-percent standard proctor density throughout the entire backfill. Whenever the Township Engineer shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill. The thickness of each layer shall be dependent upon the type of compactor employed, and at no time shall the thickness exceed 12 inches.
The uncompleted length of road opening allowed under a permit at any one time shall not exceed 50 linear feet, unless approved by the Township Engineer.
In newly constructed, reconstructed or overlaid asphalt pavements, before placing the base course, the opening shall be cut back six inches beyond the perimeter of the trench opening and a tack coat applied to all joints. The tack coat shall be asphaltic oil, Grade RC-O, or emulsified asphalt, Grade 2S-2, or equal.
Where existing manholes are located in the shoulder area, a minimum of two inches of asphalt FABC-1, Mix 5, shall be placed on all disturbed areas on all sides of the manhole castings on eight inches of road gravel. The width of FABC-1, Mix 5, shall conform to the dimensions of the existing shoulder.
For openings in old asphalt, oiled gravel or newly constructed or overlaid roads, clean granular backfill shall be added as described in Subsection B(3). Six inches of road gravel, Type 2, Class B, shall then be added to a level six inches below the level of the adjacent paved surfaces. The openings shall be cut back six inches beyond the perimeter of the trench openings. The base course shall be a compacted bituminous stabilized base, stone mix, mix No. 1 material, four inches thick. A two-inch compacted depth of bituminous cold patch material shall be placed on the base material.
All openings must be backfilled immediately and final pavement restored between 30 days and 90 days.
The permittee shall perform the final restoration by removing the two-inch patch and replacing it with FABC-1, Mix 5, and rolled in place to obtain a smooth pavement surface. All joints between the new and existing pavements shall be sealed with a tack coat.
For all openings in concrete pavement surfaces, the trench backfill shall be compacted to a level two inches below the top of the adjacent paved surface. A two-inch compacted depth of temporary bituminous cold patch material shall then be placed, compacted level with the existing pavement and maintained by the permittee to pavement level by adding occasional cold patch for a period of 30 days or more until final settlement has occurred. After final settlement, a pavement course of Class B concrete eight inches in depth shall be constructed level with the existing pavement surface.
Where openings are made in oil and stone shoulders disturbing more than 25% of shoulder, the entire shoulder width shall be replaced with a minimum of six inches of road gravel, Type 2, Class B, and subjected to a bituminous surface treatment. The bituminous surface treatment shall consist of an application of prime coat at the rate of 0.1 to 0.45 gallons per square yard. A sand cover of 15 pounds per square yard and a seal coat at the rate of 0.2 to 0.3 gallons per square yard shall be applied. Upon application of the seal coat, a cover material of standard size No. 8 broken stone shall be applied at the rate of 25 pounds per square yard and rolled.
All openings in roadside areas shall be backfilled and leveled with clean granular material to within four inches of the adjacent grade. After proper settlement, four inches of topsoil shall be placed and the area fertilized and seeded. Mulching shall also be placed when directed by the Township Engineer. Should proper growth not be achieved, the area will be reseeded as necessary.
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the Township Engineer.
Any opening or restoration procedure which is not in conformance to the technical specifications listed in this document must be approved by the Township Engineer.
Upon completion of the work, the applicant will request a final inspection by the Township Engineer. If the work is completed in a satisfactory manner, a certificate of satisfactory completion will be sent to the Township Clerk. Upon receipt of this certificate and upon delivery of the maintenance guaranty to the Township Clerk, the performance guaranty will be returned.
In any case where the contractor has not complied with these regulations to the satisfaction of the Township Engineer, the Township Committee, without notice, may cause the work to be done, and the cost shall be charged against the bonding company.
Where openings are made in a roadway disturbing more than 25% of the roadway, the entire roadway width shall be overlaid with a two-inch and variable thickness of FABC-1, Mix 6 pavement applied to the entire length of the disturbed area and rolled in place to obtain a smooth pavement surface.
The Township Committee may, in its discretion, waive the paving of the entire roadway in cases where less than 50% of roadway is disturbed.
All traffic control devices, i.e., signs, stripes, etc., removed by the permittee during the opening shall be noted to the appropriate Township official and shall be replaced during the restoration. Arrangements for replacement by the permittee or by the Township shall be made independent of the alternative chosen in Subsection D(5).
If more than three individual holes are required within a twenty-foot length, a single trench must be used rather than the individual holes. In no case will more than three individual holes be permitted.
The Township Engineer or his designee representative shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with any conditions imposed on the issuance of the permit and the specifications. The Township Committee may, upon the recommendation of its inspector:
Order a temporary stop to any road opening.
Order that the applicant perform a correct specified work in accordance with the directions of the Township Maintenance Supervisor.
Order a stop to any work and revoke the permit, in which event the Township Committee shall complete or cause to be completed the work and declare the applicant's cash deposit forfeit or notify the applicant's surety of an intent to file a claim on the bond.
Correct any work after notification to the applicant and the neglect or the refusal of the applicant to make corrections as indicated and, upon doing so, declare the applicant's cash bond forfeit or notify the applicant's surety of an intent to file a claim on the bond.
Take any other action deemed reasonable under the circumstance.
The penalty prescribed for any violation of this article shall be a fine not exceeding $1,000 or imprisonment in the county jail not exceeding 90 days, or both. Each day shall be considered a separate offense.