[Adopted 11-7-2019 by Ord. No. 2019-15[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Excavations, adopted 10-30-1973 as § 13-1 of the 1973 Code,
and readopted 9-12-1984 by Ord. No. 84-25, as amended.
This article is adopted by the Township in accordance with law
with the purpose to protect Township roads and Township rights-of-way
from damage and keep them safe and convenient for traveling during
all seasons of the year, and to provide that the maintenance, repair,
and replacement of sidewalks along the frontage of individually owned
properties is the sole responsibility of the individual property owner.
It shall be unlawful for any person or persons, firm or corporation
to make any excavation in, or to open or tear up the surface of, any
Township road, street, or right-of-way, the maintenance of which is
the responsibility of the Township, for any purpose whatsoever, without
first obtaining a written permit from the Township Committee after
review and recommendations by the Township Engineer, and which shall
include a general description of the work to be performed and the
hours of operation.
A.
Any person or persons, firm or corporation desiring to tear up, open
or make excavation in any Township road or right-of-way shall first
submit an application in writing for a permit therefor, together with
detailed plans indicating and describing in detail the work to be
performed, the estimated length of time required to perform the same
and the estimated cost thereof and any and all other or additional
information as required by the Township Engineer. Applications along
with the proper fees must be submitted to the Municipal Clerk at least
14 days prior to the regularly scheduled meeting of the Township Committee.
B.
Application for a permit referred to herein shall be accompanied
by a deposit in accordance with the fees established and must be paid
before any permit will be issued.
Permits for any excavation in any of the roads or streets referred
to herein shall be granted only upon the following conditions and
such other conditions as may be hereafter adopted:
A.
No disturbance of any nature will be allowed in pavement for a period
of five years after its construction of resurfacing date.
B.
An excavation shall be properly guarded by the permittee by the erection
of suitable barriers and notices of such excavation by day and sufficient
and suitable lights at night and by such other reasonable structures
in accordance with the latest edition of the Manual for Uniform Traffic
Control Devices (MUTCD) or notice as the Township Engineer shall prescribe.
C.
If any excavation is to extend for the full width of the road, only
1/2 of the road shall be excavated at one time, which half shall be
backfilled before the remaining 1/2 is excavated, in order that the
public travel over the road may remain open at all times.
D.
All excavations and backfilling of the same shall be made within
the time prescribed in the permit therefor.
E.
The pavement or surface of any road or street in which an excavation
has occurred must be restored by the permittee to the same extent
and in the same manner as existed prior to the excavation.
F.
A permittee must restore any pavement to any road or street excavated,
and the money deposited for the restoration of the pavement will be
returned upon satisfactory completion of the repair and restoration
of the pavement excavated. In the event a permittee fails to restore
the pavement in a satisfactory manner and within the time specified
in the permit, the Township Engineer shall arrange to have the Road
Department restore the pavement and charge the cost thereof against
the deposit made by the permittee. In the event the deposit is not
sufficient to pay the cost of such restoration and repair, the permittee
shall pay the difference immediately upon demand. Failure of the permittee
to restore the pavement in a satisfactory manner within the time specified
in the permit shall be considered in violation of this section and
shall subject the permittee to the penalties provided herein.
G.
When it becomes necessary to open the paved section of any road,
such opening shall not be less than two feet wide nor more than three
feet at the top, nor shall any opening be less than three feet square,
and the sides of such opening shall be perpendicular at the top and
converged toward the bottom so that the width at the bottom shall
be less than and not greater than the width at the surface of the
pavement.
H.
Tunneling will be permitted with the specific approval of the Township
Engineer.
I.
Whenever possible, the permittee shall make the necessary excavation
on either side of the pavement in order to make his connection, rather
than excavating the pavement proper. In order to reach a main on the
opposite side, he shall drive a pipe from one excavation to the other
so as not to disturb the pavement.
J.
The permittee shall backfill the excavation within the time specified
in the permit, and if not done within that time and no extension of
time has been obtained, the same shall be deemed a violation thereof.
The material for backfill shall be dense graded aggregate (DGA) or
quarry process stone (QPS) to be installed within Township paved roadways.
No stone larger than six inches in diameter and no shale rock shall
be used. No more than six inches of material shall be backfilled at
one time, and the same shall be thoroughly moistened and tamped until
thoroughly compacted. All excess material shall be removed from the
roadway.
K.
Whenever an opening discloses the fact that there is not sufficient
covering to prevent the freezing of the water, gas or sewer pipe,
the same shall be lowered to not less than four feet from the surface
of the pavement at the expense of the owner.
L.
All work to be done in any excavation or opening of any road, street,
or right-of-way shall be subject to the supervision in the manner
of the excavation or opening by the Township Engineer or such duly
authorized representative or agent.
M.
All of the expense of excavation or opening any road, street or right-of-way
and backfilling the same or any portion thereof shall be at the sole
expense and liability of the permittee, and the Township of Andover
or any of its officers or agents or employees shall not be responsible
or liable for any part thereof.
N.
Any opening or excavation in or on or under any road, street or right-of-way
referred to herein for which a permit shall be granted by the Township
of Andover shall be performed at the sole liability of the permittee,
and the Township shall not be liable to any person or party injured
or damaged as a result thereof. The permittee shall further indemnify
and save harmless the Township from any cost or expense to the Township
as a result of any claims for damage or injury suffered by any person
as a result of any such excavation or opening in any such road or
street referred to herein and forming the subject matter of any permit.
O.
No road/right-of-way openings shall be permitted between the time
period of November 1 and March 1, unless an extraordinary basis can
be demonstrated.
P.
All roadways and rights-of-way are to be restored to their original
or better condition, including safety improvements as so required
by the Township Engineer.
Q.
Before a permit for any excavation is issued, the applicant shall
file a certificate of insurance in accordance with the recommendation
of the Township's Administrator, which shall also indemnify the Township
of Andover and name the Township and its Engineer as additionally
insured.
A.
Performance guaranty. Prior to the issuance of a permit, the applicant
shall file with the Township Clerk a performance guaranty in the form
of a cash bond or security, in a form approved by the Township Attorney,
in an amount as specified by the Township Engineer which shall be
in a sufficient amount to complete restoration of the road opening
activities should the permittee fail to comply with all requirements.
The applicant is required to submit an itemized estimate of the cost
of restoration, including a detailed estimate of the types, quantities
and unit costs of restoration, including a 20% contingency. All costs
are to be based on approved current prevailing wages for public works
projects. The guaranty shall be discharged after completion and approval
of all work specified in the plan and may be discharged in part, based
on partial completion and approval at the discretion of the Township
Committee.
B.
Maintenance guaranty. The Township Administrator, at the recommendation
of the Township Engineer, may require a maintenance guaranty for a
minimum period of two years after final completion and final approval
of all work specified in the plan.
C.
Escrow fees. Escrow fees shall be assessed.
D.
Refund of deposit guaranties. A permittee shall notify the Township
Engineer or any agent or representative duly authorized by the official
promptly upon the completion of any restoration of the road or street
following any opening or excavation therein, and upon the approval
and certification thereof in writing by either, the permittee shall
be entitled to a refund of any deposit or sum to which it might be
entitled or otherwise to the cancellation of any bond or guaranty
posted by the permittee upon the approval of the Township Committee.
Any excavation or opening made in any road or street referred
to herein in any part of this article shall be subject at all times
to all laws of the United States of America and of the State of New
Jersey and to any other appropriate regulation adopted by the Township
of Andover or other governmental body having lawful jurisdiction to
impose any such law or regulation governing the use of the street,
road or right-of-way.
A.
In the event that any permittee violates the conditions of its permit
or otherwise fails to restore any road, street or right-of-way, the
Township shall give the applicant 10 days' notice to complete the
restoration, and the procedures to be followed in making the repairs
(if not done by the applicant), with the cost of such repairs paid
from the road opening permit performance surety.
B.
If the Township of Andover is required to make such restoration at
its own cost and expense, a certificate of such reasonable cost and
expense in effecting such restoration shall be prepared by the Township
Engineer, and upon being certified to by the official, such certificate
of cost shall be final and conclusive as to the amount hereof, and
the amount shall thereafter be immediately due and payable by the
permittee upon presentation of the certificate to the permittee.
It shall be unlawful for any person or persons, firm, corporation,
municipality or party whatsoever to place materials of any description
whatsoever, structures, vehicles, equipment or other matter of any
nature whatsoever for storage upon or along any Township road, street,
or right-of-way or other road, street, or right-of-way which the Township
shall have the responsibility of maintaining, and no such permit shall
issue except on the conditions immediately hereafter set forth or
upon such conditions as may be hereafter adopted by the Township Committee.
Permission to store construction equipment or materials shall be permitted
only in conjunction with a road opening permit application. Such requests
should be reviewed by the Township Engineer with conditions set based
on right-of-way conditions.
A.
A permit for temporary storage of materials may be issued for a brief
period of time as may be reasonably required in the judgment of the
Township Engineer for the purposes required.
B.
Application for a permit shall describe the material in detail, giving
quantity, weight or other dimensions and particulars thereof.
C.
Any materials stored or placed on any road, street or right-of-way
referred to herein shall be adequately protected, safeguarded and
lighted at all times in such manner as may be designated by the Township
Engineer, and appropriate notice of such storage or placement shall
be given to the traveling public upon such signs or in such manner
as the Township Engineer shall designate. The permittee shall be responsible
for the erection and removal of any barriers, signs or other structures
involved in protecting the materials and in warning the public thereof.
D.
The permittee shall be liable at all times to any person damaged
or injured by such storage or placement of materials and shall be
solely and fully responsible to all persons affected by such action
and shall further indemnify and save harmless the Township of Andover,
its officers, agents and employees from any claims or actions, expense
or damage or injuries resulting therefrom.
E.
No materials shall be stored upon any road, street, or right-of-way
referred to herein at any time in any manner so as to permit less
than 18 feet of way open to travel by the public.
F.
No materials, structures or equipment shall be placed at any time
in any manner so as to interfere with or divert the flow of water
along the road or street or in the gutters thereof.
G.
Applications for any permit hereunder shall be accompanied by a cash
deposit or surety bond or other contractual guaranty or indemnification
in such amount and in such manner as shall be set forth in a schedule
of fees for such purposes now or hereafter adopted by the Township
Committee and maintained in the office of the Township Clerk.
A.
The disturbing or tearing up of any Township road by the locking
of wheels of any vehicle or attaching a drag or other mechanism to
the same likely to cause injury to the road is hereby prohibited in
the Township.
B.
The filling of gutters along any Township road by dirt, fill, earth
or other materials is hereby prohibited, irrespective of the manner
or distance by which the dirt, fill, earth or other materials shall
travel before reaching the Township road.
C.
The obstruction or damage to any Township road by the spilling, filling,
flowing or throwing of stones, dirt, earth or other materials therein
is hereby prohibited.
D.
The diversion of surface and other waters to and upon Township roads,
drains, gutters and culverts is hereby prohibited in the Township.
A.
No person or persons, corporation, municipality or party of any nature
whatsoever shall construct any road, driveway, curb or other structure
intersecting with or entering upon any Township road, street, or right-of-way
or other road, street or right-of-way which the Township is responsible
for maintaining without first complying with the Code, and without
obtaining a permit therefor, in writing, and without posting such
cash deposit, bond or other guaranty in such amount as may be adopted
now or hereafter by the Township Committee.
B.
No person or persons, firm, corporation or municipality shall place
any earth, dirt, stones or other materials or articles upon any Township
road, street or right-of-way or any part thereof except in accordance
with the provisions of this section, and no person or persons, firm,
corporation or municipality shall do or cause to be done any act,
including the construction of buildings, private roads, grading, landscaping
or otherwise, which shall cause or result in the accumulation of dirt,
silt, earth or other materials upon any Township road, street, right-of-way,
stormwater drain, gutter or culvert.
A.
All sidewalks constructed within the Township of Andover shall be
constructed in accordance with standards and specifications established
by applicable law and prevailing practices, including, but not limited
to, the New Jersey Department of Transportation Standard Specifications,
as amended.
B.
Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced in accordance with applicable standards and specifications.
C.
No concrete sidewalks shall be replaced or overlaid with blacktop
but shall be repaired with the new concrete only.
D.
Whenever a curb cut or driveway depression is required, the entire
section or sections of curb or curb and gutter shall be removed and
replaced. The breaking up and recapping of curbing is specifically
prohibited.
E.
All sidewalks, driveway aprons, curbs, curb cuts and any related
improvements shall be maintained and kept in good repair, so as to
continue to safely function for its originally intended purpose and
so as not to create a hazard to pedestrians or motor vehicles.
F.
It shall be the exclusive responsibility of the individual property
owner to maintain, repair and, if necessary, replace all sidewalks,
driveway aprons, curbs, and other related structural appurtenances
(exclusive of the paved cartway of the public roadway itself) if such
replacement is reasonably required, as determined by the Township
Engineer.
G.
It shall be the exclusive responsibility of each individual property
owner along whose property any sidewalk, curb, driveway apron or related
structure exists to maintain same free and clear of snow, ice and
other hazards within 24 hours of any winter weather event which is
herein defined as any accumulation of sleet or ice, whatsoever, and
accumulations of snow in excess of a depth of one inch.
H.
The individual property owner responsibilities shall extend to and
be limited by the length of sidewalk, driveway apron, curbing or other
such improvement extending along the entirety of the frontage(s) of
that property on a public street, from property sideline to property
sideline, projected through such improvement and into the road right-of-way.
A.
Any person violating any provision of this article which results
in damage to or obstruction of any Township road, street, right-of-way,
gutter, storm drain or culvert shall be responsible for all expenses
incurred by the Township in repairing the damage or removing the obstructions,
in addition to the penalties herein provided.
B.
For each and every violation of the provisions of this article, the
owner, contractor, permit holder or other person engaged as the general
agent, contractor, or any other person or persons who commit, take
part in or assist in any violation of this article or who refused
to abate the violations within 24 hours' written notice having been
served upon him, whether by registered mail or by personal service
by the Zoning Officer or the Township's authorized agent, shall, upon
conviction, be liable to the penalty stated.
The Zoning Official or his authorized agent is charged with
the enforcement of all provisions of these regulations and is hereby
designated as the agent acting for the Township Committee.
The Township Engineer or his authorized agent is charged with
the review, inspection, approval and the granting of exceptions to
these regulations.
