[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[1] (Ch. 85 of the 1977 Township Code)]
[1]
Editor's Note: This ordinance also repealed former Ch.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.
A.
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:
(1)
To dig up, excavate, tunnel, undermine or in any manner break up
any street.
(2)
To make or cause to be made any excavation in or under the surface
of any street for any purpose.
(3)
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.
(4)
To perform any other operation on any street which in any manner
interferes with or disturbs the surface of such street.
B.
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.
A written application on forms furnished by the Township for the
issuance of an excavation permit shall be submitted to the Township
Clerk.
B.
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.[1]
A.
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.
B.
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.
C.
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.
D.
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.
E.
The Township Committee may by resolution waive the five-year and
three-year restrictions mentioned previously.
F.
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.
A.
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.
B.
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.
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.
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.
A.
Any permit issued shall only become valid after the applicant delivers
to the Township Clerk certificates of insurance based on the following
requirements:
(1)
General liability:
(a)
Two million dollars general liability, including contractual
liability/completed operations.
(b)
Contractors' insurance to be primary.
(c)
Thirty-day notice of intent to cancel, nonrenew or make material
change in coverage.
(d)
Township to be named as additional insured.
(e)
A signed hold-harmless agreement.
B.
All insurance policies shall remain in effect until the Township
Engineer signs the certificate of satisfactory completion.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
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.
B.
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.
C.
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.
E.
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.
A.
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.
B.
For all openings:
(1)
The paved roadway surfaces shall be cut vertically with a sharp tool
on a straight line before excavating.
(2)
The material excavated from the trench opening shall not be replaced
as backfill unless specifically permitted by the Township Engineer
or his authorized agent.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
C.
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.
D.
All openings must be backfilled immediately and final pavement restored
between 30 days and 90 days.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
The Township Committee may, in its discretion, waive the paving of
the entire roadway in cases where less than 50% of roadway is disturbed.
O.
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).
A.
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.
B.
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:
(1)
Order a temporary stop to any road opening.
(2)
Order that the applicant perform a correct specified work in accordance
with the directions of the Township Maintenance Supervisor.
(3)
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.
(4)
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.
(5)
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.
