[Adopted as Sec. 15-1 of the 1976 Revised
General Ordinances; amended in its entirety 12-18-2019 by Ord. No. 2019-021]
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings given herein:
Any person making written application for the permit hereinafter
mentioned.
A concrete, block or asphalt edging along a road used to
direct surface water runoff.
Any alteration, change or impact to property.
A privately owned access from the road to the property.
To dig up, break, tunnel or undermine in any manner any type
of surface.
The document approving any construction/alteration or working
within the right-of-way as defined herein.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
The area designated under the Map Filing Law, Land Use regulation
or other established legal document as reserved for property access,
public improvements and public utilities.
Any street, avenue, terrace, court, way, alley, cartway,
or public thoroughfare that is within the right-of-way.
An activity involving physical effort including but not limited
to excavation, digging, tunneling, backfilling, placement of material,
concrete pouring and paving or construction of any type in order to
achieve a purpose or result.
A.
It shall be unlawful for any person to complete any work within a
Township right-of-way, unless such person shall have first obtained
a right-of-way entry permit from the Township Clerk's office.
B.
It shall be unlawful for any person to excavate/open in any manner
any road, in or under any surface of any road for any purpose or to
place, deposit, or leave upon any road any excavated material obstructing
or tending to interfere with the free use of road, unless such person
shall have first obtained a right-of-way entry permit from the Township
Clerk's office.
C.
It shall be unlawful for any person to manipulate, attach, detach,
tie into, remove or otherwise alter municipal stormwater infrastructure,
unless such person shall have first obtained a right-of-way entry
permit from the Township Clerk's office.
D.
It shall be unlawful for any person to overlay or construct a driveway
within the right-of-way in any manner, for any purpose, unless such
person shall have first obtained a right-of-way entry permit from
the Township Clerk's office. A person shall be exempt from the right-of-way
entry permit only if such work is part of a previously approved Planning
Board, Zoning Board or Residential Lot Development Plan. If the property
has an established and approved curb within the right-of-way, a person
may pave/repave the driveway to the curb without any permit. Any paving/repaving
on the street side of the curb requires a right-of-way permit.
E.
It shall be unlawful for any person to replace or construct or alter
any length of curb within the right-of-way in any manner, using any
material on any road for any purpose, unless such person shall have
first obtained a right-of-way entry permit from the Township Clerk's
office. A person shall be exempt from the right-of-way entry permit
only if such work is part of a previously approved Planning Board,
Zoning Board or Residential Lot Development Plan.
A.
No right-of-way entry permit shall be issued unless a written application
or the issuance of a right-of-way entry permit on forms supplied by
the Township Clerk's office is submitted to the Township Clerk, signed
by the person making the application or by a duly authorized agent,
and shall contain the following information:
(1)
Applicant's name, phone number and address.
(2)
Name of property owner, phone number and the address with the tax
map block and lot number.
(3)
A plan or sketch in triplicate, detailing the work to be performed;
on approval, one approved copy is to be returned with the permit to
be issued, which approved copy and permit are to be in the possession
of the person supervising work.
(4)
Description of work to be completed.
(5)
Surface type to be opened, square yards to be disturbed and/or length
of curb in feet.
(6)
On or about start date and estimated date of completion of work.
B.
As per N.J.S.A. 48:2-83, all applications for permits shall provide
a One-Call verification number. Permit applications may be submitted,
and reviewed and preliminarily approved without the One-Call verification
number; however, no permit shall be issued prior to the applicant
providing proof to the Township that the applicant has notified the
One-Call Damage Prevention System.
C.
All applications for permits shall be accompanied with a public liability
insurance policy or a certificate of insurance with statutory workmen
compensation, contractor’s liability of $1,000,000 and automobile
liability of $1,000,000 liability policy to be issued by an insurance
company authorized to do business in New Jersey, indemnifying and
protecting the Township from all liability by reason of property damage
or personal injuries or death which may result or may be claimed to
result as a result of any accident occurring at the point of the opening.
If work is to be performed by an independent contractor, other than
by the applicant, then such certificate of insurance shall be required
of the independent contractor.
[Amended 3-3-2021 by Ord. No. 2021-010]
D.
A public utility, in lieu of furnishing a public liability insurance
policy or certificate of insurance, may file proof that it is a self-insurer
under the insurance and motor vehicle laws of the State of New Jersey,
accompanied by a certificate of financial responsibility. Should such
public utility contract out work provided for in the application and
permit, the contractor engaged shall file the certificate of insurance
as required above.
E.
Right-of-way permits and related work are discouraged between November
15 and April 1 or during a period of five years after the completion
of a major construction improvement of a road. However, exceptions
will be made for emergencies. If a right-of-way entry permit is to
be issued during either of the former conditions, the applicant must
comply with the following:
F.
If a right-of-way entry permit is to be issued for the installation
of new, additional or replacement utility transmission lines or for
the removal of existing utility transmission lines, the applicant
must comply with the following:
(1)
If the area to be disturbed in the right-of-way is within a paved
roadway, the disturbed entire lane roadway shall be milled and paved
full-width to a depth of two inches as directed if the area of disturbance
equals 20% or more of the affected lane for a continuous trench along
the road or for multiple lateral connections within 500 feet of roadway.
Exceptions may be approved by the Engineering Office. All disturbed
areas require a minimum of two inches of surface course over four
inches of stabilized base and six inches of properly compacted material.
The Engineering Office may approve temporary restoration procedures
if the required trench compaction cannot be met.
(2)
Paving material shall be surface course mix, 19M64 and base course
mixture or an approved equal.
(3)
If the area to be disturbed in the right-of-way is not within a paved
roadway, the trench shall be restored with approved material and the
final surface restoration shall be equal to that prior to the disturbance.
A.
The application for a right-of-way entry permit to perform excavation
work under this article shall be accompanied with a cash maintenance
bond, made to the Township for deposit with the Township Treasurer,
as follows:
(1)
For the "Excavation/Pavement Disturbance" section of the permit,
the one-year cash maintenance bond shall be $400 plus any applicable
estimated quantities for the final paving using the same calendar
year pricing from the Morris County Cooperative Pricing Council.
(2)
For the "Storm Drainage Connection/Alteration" section of the permit,
the one-year cash maintenance bond shall be $100 or $30 per square
yard of right-of-way disturbed, whichever is greater.
(3)
For the "New Driveway Construction/Driveway Overlay" section of the
permit, the one-year cash maintenance bond shall be $300. If the permit
is issued between November 15 and April 1 or if the road has been
paved within the last five years the cash bond amount shall be $600.
(4)
For new curbing/curb replacement, an additional bond amount of $10
per foot will be added whenever the curb is greater than 30 feet in
length.
B.
In addition to the foregoing cash maintenance bond, the applicant shall pay a permit fee and an inspection fee as set forth in Chapter 135, fees and costs.
C.
The one-year cash maintenance bond shall ensure the performance and
the repair of the public infrastructure to be in as good a condition
as it was prior to any work being done. If the permittee fails to
make the necessary repairs in a timely manner and to the satisfaction
of the Engineering Division or Department of Public Works, the Township
may use any or all of the entire amount of such cash bond to pay any
cost the Township occurs to restore or maintain that portion of public
infrastructure.
Such cash maintenance bond and fees shall be turned over to
the Township Treasurer, and upon certification by the Engineering
Division of Director of Public Works that the right-of-way has been
properly restored, the cash maintenance bond shall be returned to
the applicant.
A.
The Director of Public Works, the Supervisor in the Engineering office
and the Township Engineer shall have full supervision over any opening
to be made in any street under any permit granted hereunder, and the
work on any such permit shall be commenced within 10 days of the date
of the issuance of the permit, and such work shall proceed with due
diligence to its completion. If for any reason the work on the opening
is not commenced within the period of 10 days, the permit shall be
void, and any deposit held by the Township thereunder shall be returned
to the applicant upon surrender of the permit, unless an extension
of time is granted in writing, endorsed on the permit, within which
to commence the work, whereupon the applicant shall commence such
work within the time set forth under the extension or forfeit any
right to make any opening under the extension, and permit. The work
under any extension shall proceed with due diligence to its completion.
B.
If the permit is revoked, the Township will return the one-year cash
maintenance bond amount to the applicant upon surrender of the permit.
The filing fee and inspection fees will not be refunded.
The Township may at any time revoke or annul any permit, or
extension endorsed thereon, for cause, or for making any work not
in accordance with the permit granted, or for failure or neglect to
pursue the work in accordance with such permit or by reason of any
condition which would, or the Township fears might, prove to be dangerous
or injurious to any person or property, or the Township deems harmful
to or not for the best interests of the Township, and every person
receiving a permit or any extension thereof shall accept the same
subject to the foregoing provisions, without any liability or responsibility
attaching to the Township for any loss or damage that might result
by reason of such revocation.
A.
All pavement or surface over any opening for which any permit is
granted as aforesaid shall be replaced by the permittee by a temporary
pavement of a bituminous concrete, base course of HMA 19M64, immediately
after filling, except that if the road is gravel, the temporary replacement
shall be by gravel; permanent pavement is to be restored by permittee,
not less than 30 nor more than 60 days after opening is made, unless
this time is extended by the Director of Public Works and Engineering
or Township Engineer, depending on road or weather conditions. Should
the permittee fail to do so, the cash bond provided for herein, or
such portion thereof as may be necessary, shall be used to pay the
cost of consolidating the material used, to refill the opening, and
to replace the pavement or surface; and the balance, if any, shall
be returned to the applicant 12 months after the issuance of the permit,
if the surface is then in good condition, or as soon thereafter as
the necessary repairs thereto are made, upon presentation to the Township
of the original permit, and the signing by the applicant of a receipt
for the amount so returned.
B.
Whenever an opening is made not in pavement, the trench shall be backfilled and compacted with suitable approved material or in accordance to § 332-9 of this chapter. The final surface restoration shall be equal to that prior to the disturbance. Should the permittee fail to do so, the cash bond provided for herein, or such portion thereof as may be necessary, shall be used to pay the cost of consolidating the material used, to refill the opening, and to restore the surface; and the balance, if any, shall be returned to the applicant 12 months after the issuance of the permit, if the surface is then in good condition, or as soon thereafter as the necessary repairs thereto are made, upon presentation to the Township of the original permit, and the signing by the applicant of a receipt for the amount so returned.
Every opening and all excavations and backfilling shall be the
responsibility of the person to whom any permit is issued to work
within the right-of-way. Such person shall give at least a twenty-four-hour
notice to the Engineering Division or Director of Public Works before
any right-of-way work is commenced. Such person shall give reasonable
notice to the Township Engineer or to the Director of Public Works
and Engineering or other person designated by the Township before
any backfilling is commenced. All excavations shall be made in open
trenches in compliance with O.S.H.A. standards, except where otherwise
permitted or directed by the Director of Public Works and Engineering
or Township Engineer. The sides of the excavation shall be supported
when necessary by suitable plank and shoring which shall be drawn
as the work progresses unless the Director of Public Works and Engineering
or the Township Engineer orders the same left in place. All the work
of excavating and backfilling shall be prosecuted with all possible
vigor. All trenches shall be backfilled by depositing therein approved,
suitable fill in layers of not more than six inches in depth, each
thoroughly rammed, and if required by the Director of Public Works
and Engineering or Township Engineer flushed with water, or both.
Surplus earth shall not be piled over filled openings so as to interfere
with traffic. All old paving material shall be carefully conserved
and placed over the trench in as good condition and as near the street
grade as practicable, and all surplus material and rubbish of any
kind shall be promptly removed by the person to whom such permit is
issued. Where excavation is made in a tunnel beneath a concrete pavement
having a concrete base, the tunnel shall be backfilled with concrete
composed of one part of portland cement and nine parts of hard steam
boiler cinders or other approved material stamped in place so that
the cavity is completely filled, provided that before any work of
tunneling is commenced the method of such tunneling shall be first
approved by the Director of Public Works and Engineering or the Township
Engineer.
Whenever an opening is made in a paved road, the pavement of
surface shall be cut with an approved pavement cutter no wider than
one foot outside of either side of the pipe to be laid. Should ground
conditions warrant a wider opening, such widening and the method for
same shall be with the consent of and under the supervision of the
Director of Public Works and Engineering of the Township or the Township
Engineer.
Whenever a new paved driveway is to be constructed in the Township right-of-way, the proposed driveway shall be in accordance with Chapter 500, § 500-76, Vehicular Circulation, except in the case of previous nonconforming use. Any proposed driveway or curb within a Township right-of-way not previously approved through the Township land use development process shall be reviewed for conflicts including but not limited to curb configuration, sight distance, gutter disruption, width, approach angle and general traffic safety. Said review is to insure the benefit, safety and performance of Township infrastructure and shall not be construed as design.
A.
The excavation and all piles of excavated material or any material
used in the work to be performed in the opening for which a permit
is issued shall be carefully guarded and lighted or caused to be carefully
guarded and lighted by the person to whom such permit has been issued,
who shall be liable for all loss and damage caused by the prosecution
of the work or failure to properly guard or maintain the opening.
B.
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, provided that the Township Engineer,
with the approval of the Chief of Police, may permit the closing of
streets to all traffic for a period of time prescribed by him if in
his opinion it is necessary. The permittee shall route and control
traffic including its own vehicles as directed by the Police Department.
The following steps shall be taken before any road may be closed or
restricted to traffic:
(1)
The permittee must receive the approval of the Township Engineer
and the Chief of Police therefor.
(2)
The permittee must notify the volunteer fire company and volunteer
first aid squad in the area of any street so closed.
(3)
Upon completion of construction work the permittee shall notify the
Township Engineer, Chief of Police, and volunteer fire company and
first aid squad, before traffic is moved back to its normal flow so
that any necessary adjustments may be made.
(4)
Where flagmen are deemed necessary by the Township Engineer or Chief
of Police, they shall be furnished by the permittee at its own expense.
C.
Excavations on opposite sides of a road, in the same locality, and
at the same time, shall not be permitted. Where such excavations are
required, the permittee shall first complete the work on one side
of the road, and shall not commence work on the opposite side until
work on the initial side has been completed, backfilled, and land
or road restored to its initial condition. Where more than one permit
has been issued for the excavation along a road in the same locality,
the Township Engineer shall regulate as to the side of the road first
to be excavated. Where the excavation is to be from one side of the
road to another, the permittee may make said excavation, provided
proper access for traffic is first made, subject to the approval of
the Chief of Police and the Township Engineer.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any opening or excavating
by the Township or under a contract with the Township for the construction
of sewers, drains or street improvements or for any right-of-way excavation/opening
required through the land use development process.
A.
Any public utility as defined in N.J.S.A. 48:2-13, which desires
to obtain permits under this article, may file with the Township Clerk
and Township Treasurer a surety bond in the amount of $10,000, running
to the Township; such bond shall be that of a surety company authorized
to transact business in New Jersey, except that if the public utility
is a self-insurer under the motor vehicle or insurance laws of the
State of New Jersey, it may file its own bond, together with proof
it is a self-insurer, and a certificate of financial responsibility;
any bond filed must be satisfactory to the Township Attorney in form
and substance. Such bond shall be conditioned upon compliance by such
public utility with the applicable provisions of this article with
respect to each right-of-way permit which shall be made by such public
utility in the Township and shall further provide that the obligation
of such bond shall be a continuing obligation to the full amount thereof
with respect to each right-of-way permit. Whenever any public utility
which shall have filed such a bond shall request the Township Clerk
in writing to issue to it a right-of-way permit, it shall be the duty
of the Township Clerk to issue such permit, provided the permit filing
fee and the inspection fee as set forth in this article are paid at
the time of the filing of the application for such a permit.
B.
The amount of this bond may be increased by the Township Council
depending upon the number of right-of-way openings impacting the municipal
infrastructure and the estimated cost of restoring the streets.
A.
This article shall be enforced by the Director of the Department
of Public Works, the Supervisor of the Township Engineering Office,
or the Township Engineer who shall have the authority to issue stop
work orders when necessary to ensure the ordinance enforcement and
the public safety. Failure to comply with a stop-work order will cause
the right-of-way permit to be revoked and all other Township-issued
permits suspended.
B.
Any person aggrieved by any action of the Director of Public Works
and Engineering or Township Engineer or any other Township official
in the enforcement of any provisions of this article shall have a
right of appeal to the Township Administrator. The appeal must be
taken within 14 days after the action complained of has occurred.
Appeals shall be made in writing to the Township Administrator, and
shall set forth reasons for the appeal. The Township Administrator
thereupon shall set a date for a hearing to take place within 30 days
after receipt of the request for a hearing.
The provisions of this article shall not apply to the owner
or occupant of any property completing regular lawn or vegetative
maintenance. A person shall be exempt from the right-of-way entry
permit if such work is part of a previously approved Planning Board,
Zoning Board or Residential Lot Development Plan.
