Township of Montague, NJ Streets

For all crossings, the angle of crossing shall be based on economic considerations and practical alternatives. The crossing shall be located as near normal to the street alignment as practical. Conditions which are generally unsuitable or undesirable for pipeline crossings should be avoided, including locations such as deep cuts, footing locations, intersections, cross drains where flow of water, drift or stream bed-load may be obstructed and wet or rocky terrain where it appears difficult to attain minimum bury standards.

Vertical and horizontal clearance between a pipeline and a structure or other street or utility facility shall be sufficient to permit maintenance of the pipeline and the other facilities.

The utility shall make adequate provisions for bury completion, giving due consideration to potential increases in ditch depth resulting from scour, ditch maintenance operations, or the need to increase the capacity of the ditch. The depth of frost penetration shall be taken into consideration in determining the bury. The bury shall be sufficient so that the liquid transmitted shall not freeze. In addition, the depth shall be sufficient to withstand the increased impact loads transmitted through the frozen soil. In most cases, the bury over pipelines shall be at a minimum of 36 feet; however, special consideration shall be given on the basis of engineering and safety factors for the area, product carried, the maximum working or test pressures for the pipelines before allowing a departure from minimum depth. Where less than minimum bury is made necessary because of other utilities, water table, other regulations, or similar reasons, the pipe shall be rerouted or else protected in a suitable manner approved by the Township Committee or approving authority. Cover for pipelines carrying transmittents which are flammable, corrosive, expansive, energized, or unstable, particularly if carried at high pressure or potential, must not be reduced below acceptable safety limits and shall only be approved in strict accordance with industry codes and upon good cause shown to the satisfaction of the Township Committee or approving authority.

Adequate provisions shall be made for casings under appropriate circumstances; where casings are unnecessary or unsuitable, suitable allied mechanical protection shall be provided in accordance with N.J.A.C. 16:25-3.5 and N.J.A.C. 16:25-3.6. Any required or suitable and appropriate appurtenances to pipeline installations such as vents, drains, markers, manholes, and shut-offs shall be provided in accordance with N.J.A.C. 16:25-3.7.

Pipeline installation permits shall identify the transmittant, the maximum working, test, or design pressures, and the design standards for the carrier. When it is anticipated that there will be a change in the transmittant or an increase in the maximum design pressure as specified in the permit, the utility shall be required to give the township advance notice and obtain approval for such changes.

(6)

The essential requirements for trench and backfill activities are as follows: restoration of the structural integrity of the entrenched roadbed; security of the pipe against deformation likely to cause leakage; assurance against the trench becoming a drainage channel; and assurance against drainage being blocked by the backfill.

(7)

The utility shall assure the integrity of the pavement structure, shoulders, and embankment slopes. Details and specifications shall recognize site-specific climate and soils. Trenched construction, bedding and backfill are required to conform to specifications for earth work and culverts as promulgated by the New Jersey Department of Transportation.

(8)

The utility may propose installing pipelines under a street without disturbing the surface by driving, quarrying, boring and wet-boring. The requirements for a trenchless construction of this nature shall be as provided in N.J.A.C. 16:25-3.11. Trenchless construction is required for all new or replacement pipeline crossings wherever feasible. Trenchless construction shall extend under and across the entire surfaced area of the street. Portal limits of pipeline crossings shall be beyond the surfaced area so as to avoid damaging the roadway during installation of the pipeline. The oversize of the boring excavation shall be appropriately restricted, and the township shall have the right, on a case-by-case basis, to approve the specific conditions under which the void outside the pipeline must be back-filled with grout.

(9)

A utility tunnel may be constructed for a pipeline crossing a street at a strategic location where it is foreseen that several utility crossings would be needed in the absence of a single utility tunnel and where it is anticipated that the cost, disturbance and inconvenience of such tunnel appears to be less than that which would result from several trenched, untrenched or separately-encased pipelines. Where such conditions exist, the Township Committee must be satisfied by the utility that adequate study has been made by the cooperative utilities to anticipate their respective needs for future crosssings and to converge their facilities at a joint-use single crossing. In such cases, provision shall be made to isolate mutually-hazardous transmittants, such as fuels and electric energy, by compartmentalizing or by auxiliary encasement of incompatible carriers. The utility tunnel shall conform in appearance, location, bury, earthwork and markers to the culvert practices of the Department of Transportation and as may be otherwise provided in this chapter.

Underground electric power and communication lines. Accepted methods of installing under-ground electric power communication lines shall include trenching or conduit, duct construction or uncased buried cable; direct burial for plowing and buried cable and jacking or pushing of pipe as conduit; and trenchless installation under suitable conditions. Underground utility construction shall conform to all applicable codes, standards and specifications, and shall otherwise conform to the requirements of N.J.A.C. 16:25-7.2.

Safety and restoration of provisions.

The area disturbed by utility installations or relocations shall be kept to a minimum. Restoration methods shall be in accordance with the standards of this chapter and the standards of the Department of Transportation contained at N.J.A.C. Chapter 25. Care shall be taken to avoid disturbing existing drainage facilities, including subbase drainage. Under-drains shall be provided for entrapped water where necessary.

Underground utility facilities shall be backfilled with suitable material and drainage outlets provided for entrapped water. No jetting or puddling shall be permitted under the street.

No material or equipment shall be stored on township property except during working operations unless approved by the Township Committee or approving authority.

The utility shall restore all portions of the work area to accommodate traffic or pedestrians during non-work hours.

The surface shall be restored to a smooth and sound condition which shall meet or exceed preexisting and surrounding conditions.

(6)

The utility shall be prohibited from spraying, cutting and trimming of trees without an agreement or a permit issued by the township.

(7)

All work performed within the municipal street right-of-way and property under the jurisdiction of the Township of Montague and all signs, markings or other traffic control devices used by the utility shall be in compliance with the Manual on Uniform Traffic Control Devices for Streets and Highways (1988), as amended and supplemented, incorporated herein by reference; the N.J. DOT "Standard Specifications for Road and Bridge Construction (1996)," as amended and supplemented, incorporated herein by reference and the N.J. DOT "Standards Roadway Construction/Traffic Control/Bridge Construction Details (Oct. 1996)" as amended and supplemented, incorporated herein by reference. A traffic control plan shall be developed and approved for all utility permit work in accordance with N.J.A.C. 16:41.

(8)

The utility shall be responsible for maintaining the uninterrupted flow of traffic at all times, unless otherwise specified in the permit or agreement.

(9)

All utility facilities shall be kept in good state of repair both structurally and aesthetically. The utility permit or agreement shall identify the maintenance operations which are permitted and indicate situations where prior notification to the township is required.

Before disturbance or other physical commencement of work, the Township Committee or approving authority may require and shall accept in accordance with the provisions of this chapter for purpose of assuring the stabilization and restoration of any disturbance, the furnishing of a restoration guarantee in the form of a bond or suitable letter of credit in an amount not to exceed 120% of the cost of restoration as determined by the Municipal Engineer according to accepted methods of calculation. The Municipal Engineer shall, in such cases, prepare an itemized estimate of the stabilization and restoration costs covered by the guarantee, which estimate shall be appended to the guarantee as and when posted by the obligor. If the utility does not complete the improvements properly or within a reasonable time, and the same is not corrected upon demand by the Township Committee or approving authority, the obligor and surety, shall be liable thereon to the township for the reasonable costs of the stabilization or restoration not completed or corrected, and the township may either prior to or after the receipt of the proceeds thereof complete such stabilization or restoration.

Article II Incidental Damage Caused by Township Operations

[Adopted 2-22-2022 by Ord. No. 2022-01]

§ 59-7 Reimbursement for mailbox damage.

Intent; policy.

It is the intent of this article to establish uniform procedures to reimburse residents for damage to mailboxes due to the snow-removal operations of the Township’s Department of Public Works ("DPW"). The primary objective of these snow removal operations ("primary objective") is to ensure that the Township’s roadways are as clear as possible of snow and/or ice. It is also understood that most mailboxes are located within the public right-of-way, and therefore while fulfilling the primary objective, mailboxes may be unintentionally and unavoidably damaged. This policy assumes there is a shared responsibility between the Township and the homeowner when mailboxes located in the public right-of-way are damaged during snow-removal operations.

While there is no legal requirement that the Township do so, it is the policy of the Township of Montague to reimburse residents up to $20 for eligible damage to mailboxes caused by direct plow contact on the part of the DPW ("mailbox damage"). Nothing in this article shall be construed to entitle any resident to reimbursement for damage caused by the weight or placement of thrown snow, nor shall this article be construed to entitle any resident to reimbursement prior to an investigation and determination by the Foreman of the DPW that the claimed damage is eligible for reimbursement pursuant to this article.

Eligibility. The reimbursement provisions of this article shall only apply to those residents who satisfy the following criteria:

The mailbox at issue had, prior to the Mailbox Damage, been securely anchored in the ground to resist the impact of plowed snow.

The damaged mailbox and mailbox post had, prior to the mailbox damage, met the requirements of the United States Postal Service, as well as all other applicable regulations in regard to construction and location. Mailboxes that do not meet the requirements of the United States Postal Service and/or any other applicable regulation are not eligible for reimbursement.

The mailbox and mailbox post had been in good condition and repair prior to the mailbox damage.

The mailbox damage must have been caused by direct contact with Township plows or snow-removal equipment. The Township will not provide reimbursement for damage to mailboxes or posts caused solely by snow thrown from Township plows or snow-removal equipment.

The affected resident must notify the Township within 30 days of the date the mailbox damage occurred, unless the resident was on an extended stay away from the residence at issue, in which case that Township must be notified of the damage within seven days of the resident’s return ("time frame"). Damage reported outside of this time frame will not be eligible for reimbursement.

Procedure; investigation.

Within the time frame described above, a resident making a claim for reimbursement pursuant to this article shall contact the DPW to file the claim.

After submission of the claim, the Foreman of the DPW ("Foreman") shall investigate the mailbox damage to determine whether the mailbox damage was caused by the plow blade or vehicle itself, rather than thrown snow.

If it is determined the mailbox damage was caused by the plow blade or vehicle, the resident will be reimbursed in an amount not to exceed $20 for a new mailbox and/or post. If it is determined that the mailbox damage was not caused by the plow blade or vehicle, no reimbursement will be given. All actual repairs and/or replacements shall be the responsibility of the resident.

If possible, repairs of mailbox damage shall be made by the DPW before reimbursement will be paid by the Township to repair the damage.