[HISTORY: Adopted by the Township Committee of the Township of West Deptford 9-21-1989 by Ord. No. 89-19. Amendments noted where applicable.]
Editor's Note: This ordinance superseded former Ch. 87, Excavations in Streets, adopted 8-1-1974 by Ord. No. 74-12 as part of Chapter XI of the General Ordinances.
It shall be unlawful for any person, partnership, association or corporation to cut, break into, excavate, damage or open any of the roads, streets, avenues, highways and rights-of-way of the Township of West Deptford or easements granted thereto without first making written application to the Road Superintendent stating the kind, character and purpose of the proposed work and such other information as may be required to fulfill the requirements of this chapter.
The township rights-of-way have been established and are maintained primarily for the purpose of movement of vehicles and pedestrians. It is also desirable to allow individuals and utility companies to utilize township rights-of-way for purposes other than transportation. However, to prevent recurring dangerous and annoying interruptions to traffic and pedestrians and to avoid interference with future road construction and to provide a uniform standard of construction and construction methods, it is necessary that strict control be maintained and standard procedures be followed for excavation, construction and maintenance of township rights-of-way.
The words and phrases herein used, except where the same shall be clearly contrary to or inconsistent with the context of the section of the chapter in which used, shall be defined as follows:
- ADDRESS OF APPLICANT
- The mailing address of the individual, group, partnership or corporation for whom the work under the permit is to be performed.
- ADDRESS OF LOCATION OF PROPOSED WORK
- The street address, or block and lot number where street address is not available, of the location where the proposed construction is to take place.
- ALL SERVICE CONNECTIONS
- Those pipes and conduits providing a utility service between the property line and the utility main.
- The name of the individual, group, partnership or corporation for whom the work under the permit is to be performed.
- BACKFILL MATERIAL
- All material used to bring the excavated area to subgrade condition.
- CABLE TELEVISION
- Those facilities under the jurisdiction of the cable television franchise holder for the township.
- That area which lies between the curblines, having a hard surface and used for vehicular traffic.
- The work required to be performed under the permit.
- The individual, group, partnership or corporation undertaking to do the work requested on the permit.
- That construction of concrete or bituminous concrete with a vertical fact which defines where the pavement and planting strip meet.
- DEPRESSED CURB
- That portion of curb uses for ingress and egress to the driveway.
- Includes that portion of a right-of-way which provides access to an off-street vehicular facility through a depression in the constructed curb or, when there is no constructed curb, that area in front of such vehicular facility as is well-defined or as is designated by authorized signs or markings.
- DRIVEWAY APRON
- That area of the driveway between the sidewalk and the curb or curbline or, where there is no sidewalk, that area between the property line and the curbline.
- ELECTRICAL CONDUIT
- Those facilities and conduits under the jurisdiction of any electrical utility company.
- When the existing utility is leaking, broken, blocked or otherwise malfunctioning such that the health, safety and interest of the public is endangered and immediate action is required.
- The Township Engineer and his appointees, who represent the township and will perform inspections on the construction to be accomplished under the permit.
- EXCAVATED MATERIAL
- All material removed or disturbed from its original location.
- GAS MAINS AND SERVICE LATERALS
- Those pipes and appurtenances under the jurisdiction of the PSE&G Company or the South Jersey Gas Company.
- HANDICAP RAMPS
- Those areas so designated or required by law where the sidewalk is ramped to meet a section of depressed curb for wheelchair traffic.
- Any work the township requires to be performed prior to the release of the maintenance guaranty.
- NOTIFICATION TO TOWNSHIP (OF WORK TO BE PERFORMED)
- Where notification within 24 hours is required for work performed of an emergency nature, in the event of a holiday or Saturday or Sunday, said notification shall be made the next regularly scheduled business day of the township.
- The type of material used for the construction of the cartway.
- The document issued authorizing the required construction to take place.
- PLANTING STRIP
- That area between the property line and the curb or the edge of pavement.
- PLANTING STRIP INSIDE
- That area between the sidewalk and the property line.
- PLANTING STRIP OUTSIDE
- That area between the sidewalk and the curb or the edge of pavement.
- The removal and replacement of an existing structure, facility, area or appurtenance as required under the permit.
- Restoring or patching, as may be required, of both a temporary and permanent nature for the protection of the public and the structure, facility, area or appurtenance.
- The placing back of an existing structure, facility, area or appurtenance in accordance with current township specifications.
- That area which is dedicated to the right of the public.
- SANITARY SEWER MAINS AND SERVICE LATERALS
- Those pipes and appurtenances under the jurisdiction of the township.
- SERVICE LATERALS
- All utility connections between the right-of-way and the main under the jurisdiction of the utility company, township or private ownership.
- SEWERAGE AUTHORITY MAINS
- Those pipes and appurtenances under the jurisdiction of the Gloucester County Utilities Authority.
- That area designated for pedestrian traffic having a hard surface.
- STANDARDS SPECIFICATIONS
- All written documents, plans or sketches made pertaining to the method or manner of performing the construction or quality and quantities of material to be utilized.
- STORM DRAINS
- Those pipes and appurtenances which carry stormwater and/or groundwater, including roof drains, underdrains, yard drains and sump pump discharge pipes within the right-of-way.
- TELEPHONE CONDUITS
- Those facilities and conduits under the jurisdiction of the New Jersey Bell Telephone Company or any other local or long-distance telecommunications carrier.
- The Township of West Deptford.
- WATER MAINS
- Those pipes, hydrants and appurtenances under the jurisdiction of the Township Water/Sewer Department.
- WORK OF MAJOR SCOPE
- All new construction and/or replacement of existing utility mains.
For construction, reconstruction, replacement, repair, maintenance, servicing or installation of sidewalks, driveway aprons, curbs, handicap ramps, sanitary sewer mains and laterals, water mains, hydrants and service laterals, gas mains and service laterals, telephone conduits, electrical conduits, cable television conduits, sewerage authority mains, all service connections, storm drain mains, inlets and basins and pavement extensions; the temporary storage of equipment or construction materials; and any other operations other than township-contracted projects which may cause abnormal wear to or deface or damage existing structures, pavement, curbs, sidewalks or driveway aprons, a right-of-way permit is required.
An application for a permit must be filed with the Township of West Deptford before preliminary investigation will be made or the permit issued. Standard application forms for this permit may be secured from the Road Superintendent's office. Each application form shall be completely filled in, signed and delivered to the Road Superintendent's office with a notation on the outside of the envelope, "Application For Right-of-Way Permit." An explanation of the application sketches shall be made either in the space provided on the application form or on a separate sheet, in duplicate, which the applicant shall attach to the application. Said diagrams, plans or sketches shall show the location of the work to be done in relation to the property lines, intersections, curb or edge of pavement, including the depth of the excavation.
The township reserves the right to require more-detailed diagrams, plans or sketches where the Road Superintendent or Township Engineer deems it would be in the best interest of the public. Said detailed diagrams, plans or sketches may be required to show the location of the work in relation to the outstanding features of the right-of-way, such as property lines, intersections, curb and edge of pavement lines, sidewalks, driveways, driveway aprons, trees, drainage structures and utility poles, by number.
The applicant shall be required to backfill and restore the pavement, curb, sidewalk and other disturbed areas caused as a result of the construction work of the applicant, in accordance with the detailed specifications of the township.
Once the permit has been issued and the applicant discovers that additional work or repairs not designated in the original application are necessary at the same location, the applicant shall notify the Engineer within 24 hours and amend the original application on file in the Road Superintendent's office within seven calendar days of notifying the Engineer.
When it is determined that work must be performed of an emergency nature, the Engineer must be notified within 24 hours of the cause for said work and a permit obtained from the Road Superintendent within seven calendar days of the work's being performed.
All applications for right-of-way permits must be accompanied by diagrams, plans or sketches. The Engineer reserves the right, where applications are made for permits involving work of major scope, to have a complete set of engineering plans, drawn to a scale of not less than one inch equals 30 feet, and specifications submitted, in duplicate, along with said application. The application and plans in all instances will be forwarded to the Township Engineer, who will either approve or approve as noted or deny said plans and specifications. Said diagrams, plans, sketches or specifications shall be so detailed that the exact location of the various parts of the work, the risk or injury to right-of-way users and the probability of damage to any trees, highway structures and private property can be ascertained. Upon the approval of the Engineer of the application, diagrams, plans, sketches and specifications, the same will be so noted on the application and returned to the Road Superintendent's office, where said permit can then be issued.
When it appears that the work called for in an application would cause substantial or needless damage to a right-of-way or create excessive disturbances to traffic or exceptionally dangerous conditions not commensurate with the benefits to the applicant, the request for such permits will be denied. The applicant will be informed about such rejection by letter, which will state the reason for the rejection. The Township Engineer or his designee may refuse to issue a permit to any person, partnership, association or corporation when, in his opinion, work performed under a permit theretofore issued to the applicant has not been properly executed or when said applicant has failed to reimburse the township for recoverable charges billed under the terms and conditions of a previous permit that was issued in accordance with this chapter.
A permit form must be signed by the Road Superintendent or his designee before it becomes valid. Such permits will be issued through the Road Superintendent's office two days after said application for permit has been received in good order and approved, unless said work is of a major scope and would require additional time for review. If said application calls for work of a major scope, a response to the applicant shall be made within two weeks of said application's being filed with the Road Superintendent. Said permit shall be issued after:
Completion of all aspects of the permit application and after diagrams, plans, sketches and specifications have been reviewed and approved.
Payment of the permit fee(s) (administration and inspection).
The posting with the township of the appropriate performance/maintenance bond, letter of credit and/or escrow funds in the form and amounts approved by the Township Solicitor to cover the cost of temporary and permanent restoration as well as maintenance for a period of two years.
The permit shall be valid for a period of six months from the date of issue and may be extended for an additional three-month period upon written request to the Road Superintendent prior to the expiration of the original permit and subject to the approval of the Engineer.
For emergency work, a permit will be issued within two days from the Road Superintendent's office when the Engineer has been notified by the applicant, within 24 hours, of the cause for said emergency.
No permit shall be issued for a period of five years where a pavement has been reconstructed or a period of three years where a pavement has been resurfaced, unless there is a need shown as a result of an emergency or hardship. Where a hardship is demonstrated, the Township Committee shall have the authority to authorize the granting of a permit by resolution.
In the event that the applicant shall fail to complete or correct the conditions as required, after the Engineer has notified the applicant by ordinary mail addressed to the applicant, the township may perform the work 10 days thereafter, and all funds on deposit shall, without further notice, be credited in an account to be drawn on to defray the cost of work required to be performed by the township. Said cost to perform such work shall be reimbursed from the performance/maintenance bond company or deducted from the escrow. In the event of an emergency caused by incomplete work or defective work, any costs incurred by the township to rectify said emergency condition shall be reimbursed from the performance/maintenance bond company or deducted from the escrow.
The applicant or contractor is forbidden to commence work until the items listed in § 87-8, Issuance of permit, have been compiled and the applicant has notified the Township Engineer's office at least 24 hours in advance of the exact date and hour the proposed work is to commence. Utility companies under the jurisdiction of the Bureau of Public Utilities are exempt from providing the exact hour their work is to be performed.
Prior to the issuance of a permit, the applicant shall deposit with the township a bond or escrow in an amount to be determined by the Township Engineer and the form of said bond be approved by the Township Solicitor. The amount of bond or escrow will be established separately for each permit so that the township will be protected against loss in the event of the failure of the permit holder to complete the work or make required repairs or restoration of damages involving the work or encroachment authorized by the permit. The amount of bond or escrow shall be computed on the basis of costs required to make proper restorations or repairs of a temporary and/or permanent nature. As part of the approval for application for a permit, the Township Engineer shall advise on the permit application form the amount of the bond or escrow required. An annual blanket bond of not less than $20,000, acceptable to the Solicitor of the Township of West Deptford, may be deposited to avoid the inconvenience and expense of obtaining individual bonds for each permit requested. Said performance bond shall also encompass a maintenance bond once the permanent restoration has been completed and accepted by the township. Upon completion of final and permanent restoration and acceptance by the township, the performance bond or escrow will be returned subject to a maintenance bond or escrow of 15% being posted. Said maintenance bond or escrow shall remain in effect for a two-year period of time. The bond or escrow shall be released to the permit holder upon satisfactory completion of all restoration and repairs during the two-year maintenance period. Said two-year maintenance period shall commence after final inspection of the work performed under the permit and the acceptance of the work by the township.
For all utilities under the jurisdiction of the Bureau of Public Utilities, a blanket corporate bond acceptable to the Township Solicitor in the amount as set forth in Chapter 11 may be deposited with the township in full force and effect in lieu of a separate bond or escrow for each required permit as surety for the performance and maintenance period. Said maintenance period shall be for a period of two years and shall commence after the final inspection of the work performed under the permit and the acceptance of the work by the township.
[Amended 3-10-2011 by Ord. No. 2011-01]
[Amended 3-10-2011 by Ord. No. 2011-01]
Prior to the issuance of a permit, the applicant shall pay to the Township of West Deptford a fee as set forth in Chapter 11 to cover the cost of administration. In addition, a fee to cover the cost of inspection shall be determined by the Engineer. Said inspection fee shall not be less than the amount as set forth in Chapter 11, and, for each $1,000 estimated cost of right-of-way restoration in addition, a fee as set forth in Chapter 11 shall be paid to the township for inspection prior to the permit's being issued. For sidewalk and/or apron replacement only, the applicant shall pay, in cash, a fee as set forth in Chapter 11 to cover the cost of administration and inspection.
The fee is to be posted as surety for all work to be done within the right-of-way (other than sidewalk and/or apron replacement only) shall be as set forth in Chapter 11. The posting of said surety shall not be required of a utility company under the jurisdiction of the Bureau of Public Utilities or a contractor who has posted an approved blanket bond as provided for under Section 87-11, Performance and maintenance guaranties. The cost for inspection for all work performed by a utility company under the jurisdiction of the Bureau of Public Utilities shall be based on the amount of time required for inspection by the Engineer billed to the utility company on a monthly basis at the rate of two times the hourly rate of the Engineer.
All work to be performed for excavating or opening of roads, streets, highways, avenues or right-of-way in the Township of West Deptford shall be performed in accordance with the current specifications entitled "Detail Specifications For The Excavating or Opening of Streets, Roads, Avenues, Highways and Rights-of-Way in the Township of West Deptford, County of Gloucester," which are on file in the Road Superintendent's office and the Township Engineer's office.
The terms of this chapter shall not apply to a street or right-of-way in any subdivision approved by the Township Planning Board prior to the township's accepting said street or right-of-way for maintenance purposes or for any work covered under separate contract for the township.
[Amended 3-10-2011 by Ord. No. 2011-01]
Any person, partnership, association or corporation opening or attempting to open any road, street, avenue, highway or right-of-way of the township without first securing a permit or violating any provisions of this chapter shall be subject to a fine not exceeding the amount as set forth in Chapter 11 or imprisonment in the county jail not exceeding 90 days, or both.