[Adopted by Ord. No. 4-1971 (Sec. 10-1 of the 1985
Revised General Ordinances)]
No person shall excavate, dig, test drill, tunnel, construct or reconstruct,
or otherwise disturb any public street, road, highway, curb, sidewalk, bridge,
culvert, utility structure or other public improvement or facility located
within, over or under any public right-of-way, easement, or publicly owned
property in the Township, for the purpose of laying, changing, repairing,
connecting, constructing or maintaining any water, gas, sewer pipe, or any
electric telephone, telegraph pipes or conduits, or for any other purpose
whatsoever, without having first obtained a permit from the Township Clerk,
in accordance with the rules, procedures, and specifications hereinafter set
forth, and without having first paid the required fees or posted bonds as
required by this article, unless specifically exempted.
As used in this article, the following terms shall have the meanings
indicated:
Any person, partnership, association or corporation who makes application
for a permit.
Any unforeseen and unexpected circumstances or occurrence, which
causes a clear and immediate danger to persons or damage to property, and
which requires immediate opening or repair.
The licensed professional engineer duly appointed as Township Engineer,
his authorized deputy, representative or inspector.
Any excavation, removal, repair, construction, reconstruction, drilling
or tunneling within the rights-of-way of roads or easements owned, regulated
and within the responsibility of the Township, and including excavation, drilling
or cutting through pavement, curbs, gutters, drainage facilities, sidewalks,
shoulders, embankments, utility lines or structures. Test holes of small diameter,
whether drilled, driven or cut, are to be considered openings, except that
one application, one permit, and one fee will apply to a series or group of
such test holes.
Any applicant, as defined above, who has been issued a permit and
is obliged to fulfill all the terms and conditions of this article.
Any natural person or persons, owner, partnership, firm, association,
utility, corporation or properly constituted authority, and shall include
for purposes of this article the developer, applicant, agent, contractor,
engineer, or other person representing such person.
A roadway, alley, highway, easement or right-of-way, improved or
unimproved, over which there is a public right of passage.
The Township of Lebanon, Hunterdon County, New Jersey.
That portion of a road which when constructed is intended to accommodate
vehicular passage or travel.
Any road whose traveled way is surfaced with cinders, dirt, gravel
or stone without bituminous or cement binder, any road that may exist within
an approved major subdivision but which is not yet accepted for ownership,
maintenance or legal jurisdiction by the Township.
In the event of an emergency, where repairs to existing facilities must
be made immediately and the person charged with the responsibility for making
the repairs would be unduly delayed, or the health, safety or convenience
of the public might be adversely affected, in seeking a permit through hereinafter
specified channels, then, and in that event, the opening may be made to remove,
correct or repair the condition causing the emergency without making prior
application for a permit. As soon as the emergency condition has been corrected
and the emergency no longer exists, the person having caused the opening to
be made shall forthwith apply for a permit and comply with all the other provisions
of this article. In emergency matters and in the absence of the Township Clerk,
a permit may be issued by the Mayor or a member of the Township Committee,
or by such other Township employee, including the Department of Public Works
Supervisor and Engineer, as the Mayor or members of Council may direct.
A.
Application. Application for permit must be made on standard
forms provided by the Clerk, must be filled out completely in the number of
copies specified on the form, and filed with the Clerk, along with the required
permit fee and other exhibits that may be required, either under the terms
of this article, or as outlined on the form.
B.
Drawings. The applicant shall file, along with the permit
form, appropriate engineering drawings, in triplicate, which show the following
details:
(1)
Key map, showing schematically the location of the proposed
opening relative to surrounding streets or other key landmarks.
(2)
Existing facilities such as pavement, curbing, sidewalk,
driveways, drainage, utilities, in the working area.
(3)
Details of proposed opening and work to be done, including
excavation, plan, profile and appropriate sections of the opening, and construction
details.
C.
Insurance. Except as provided in § 325-16B(1) relative to NJ public utility corporations, the applicant shall file, along with the permit form, and as part of each application, a certificate of insurance, acceptable to the Township, showing that the applicant is covered by public liability insurance during the period required for the proposed improvement in the following minimum amounts:
(1)
For personal injury to one person: $300,000.
(2)
For personal injury for one accident: $500,000.
(3)
For property damage: $50,000.
(4)
Except as provided in § 325-16B(1), relative to NJ public utility corporations, the applicant shall file, along with the permit form, and as a part of each application, a certificate of insurance, acceptable to the Township, showing that the applicant is covered by workers' compensation insurance during the period required for the proposed improvement.
D.
Save harmless agreement. The applicant shall file, along
with the permit form, an agreement in writing to save the Township harmless
from any loss, injury or damage whatsoever resulting from the course of construction,
whether directly or indirectly connected with the work or from any negligence
or fault of the applicant, its agents, servants, representatives or contractors
in connection with the performance of the work covered by the plans, and provide
a separate insurance rider to cover such a clause.
E.
The applicant shall file, along with the permit form,
an estimate of the cost of the improvement or opening work to be done, and
an estimate of the starting and completion dates. Cost schedules are subject
to review and approval by the Engineer.
[Amended by Ord. No. 2002-08]
A.
Cash deposit. Unless otherwise provided for in this article under Subsections B and C of this section, the applicant shall deposit with the Clerk, along with the permit form, and prior to the start of construction, a minimum sum with each application for each opening permit, plus an additional sum of 15% of the estimated cost of the improvement or opening as filed under § 325-10E above. The road opening permit fee is included in Chapter 205, Article II, Fee Schedule. The moneys so filed shall be used to pay the cost of engineering, inspection, legal services, unrepaired damages, or other legitimate costs to the Township assignable directly to the project. Within two months after completion and final approval of the project or openings, which also means two months after the expiration of the eighteen-month maintenance period specified in § 325-15E below, all unexpended moneys remaining shall be returned to the applicant, except for an additional amount of $25 which shall be retained by the Township as its final application fee.[1]
B.
Surety bond. The applicant may, in lieu of the above cash deposit, submit a surety bond in the same amount which, upon approval of the Township Attorney, shall have the same force and effect as a cash bond. The bond shall by its terms provide for payment of any damages by or from acts of the permittee, and save the Township harmless from any suits at law or otherwise which may result directly or indirectly from the work performed under the permit. In the event this surety bond device is used, the bond will remain in effect and not be released until the costs and final fee calculated above under Subsection A of this section has been paid by the permittee to the Township.
C.
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit (Subsection A), or surety bond (Subsection B), file a corporate bond on a yearly basis in an amount of $10,000. Such corporation bond would cover all construction operations of the public utility corporation within the Township, thereby exempting the utility from the necessity to file cash or surety bonds for individual opening projects. However, such public utility corporations, operating under the terms and protection of a corporation bond, will still be required to make application for each opening permit, to file the minimum fee set forth in Chapter 205, Article II, Fee Schedule, and to pay all costs to the Township as calculated under Subsection A.[2]
A.
Terms of permit. If all required exhibits and fees have
been received to the satisfaction of the Clerk, he will issue the opening
permit, which shall be in a form set forth and approved by the Township. The
permit shall contain the following data:
B.
C.
Opening permits issued under the provisions of this article
are not transferable.
D.
Expiration of permits. Permits issued under the provisions
of this article will expire at 12:00 midnight of the day indicated on the
permit, or the day of expiration of any extension to the permit. Permits may
also be revoked at anytime it is found by the Township Committee that the
permittee has failed to comply with the provisions of this article or the
permit, provided that written notice has been given to the permittee of such
failure and the permittee has failed to correct the defect complained of in
the notice. If after permit revocation it becomes necessary for the Township
to either complete the work or to refill and repair the opening, the cost
of such work by the Township will be deducted from any deposit fees that may
have been paid by the permittee, or if a surety or corporation bond has been
given, then the bond will be declared to be in default to the extent of the
unpaid costs. Reinstatement of revoked permits will occur only after favorable
recommendation of the Engineer and Department of Public Works Supervisor,
and on majority affirmative vote of the Township Committee.[2]
Except for emergencies, at least 24 hours before the permittee plans
to commence work under an opening permit, the permittee will advise the Police
Chief and one of the following: Engineer or the Department of Public Works
Supervisor, or such other official of the Township as may be designated by
the Department of Public Works Supervisor, that the work is to start.
The work shall be done in an efficient and workmanlike manner and in accordance with the plans and specifications, using proper tools, machinery, materials and manpower to effect a quality and expeditious job. Failure to perform in a manner satisfactory to the Engineer according to the standards set forth herein may result in revocation of the permit as provided in § 325-12. Where the Engineer deems it necessary for the protection of the public or to proper installation of the permittee's facilities, he may order a cessation of work by the permittee pending such action by the Township Committee, provided that such cessation order by the Engineer may in no event exceed three days in duration. Except under emergency conditions the opening work will be conducted between the hours of 7:00 a.m. and 7:00 p.m., except Sundays and holidays (New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day) when no opening work will be permitted, unless otherwise permitted by the Township Committee.
A.
Supervision. The permittee will have a qualified supervisor
at the site of the opening work during all working hours.
B.
Inspection. The Engineer, the Department of Public Works
Supervisor, or their authorized representatives shall be given access to the
construction site during progress of the work in order to observe and inspect
the work. All materials, including excavated materials, are subject to inspection
and approval by such Township officials. Where the planned opening will be
made through, adjacent to or near an existing public utility facility, the
permittee shall notify the utility company, whose representative shall be
given access to the construction to observe and inspect that portion of the
work involving the utility facility.[1]
C.
Removal of existing features. The existing pavement,
blacktop or concrete, shall be cut in a straight line or lines, prior to any
subsurface excavation, which shall be confined to the area between the cuts.
If pavement, curbing, sidewalk and other surface construction become damaged,
ragged or zigzagged when it comes time to repave or replace the facility then
the edges shall be cut or recut in a straight line or lines to the satisfaction
of the Engineer, in general parallel with the lines of the excavated trenches
and in a width sufficient to accommodate the entire excavation and to create
a smooth finished appearance when the construction is completed. When cutting
through reinforced concrete pavement, the saw cutting will be done in such
a way as to permit the exposing of existing reinforcement, which is not to
be cut, but is to be exposed, retained and allowed to project into the excavation
at least 18 inches. These exposed bars will later be reformed to tie into
the patched concrete.
D.
Protection of unpaved areas. On banks and slopes of improved
or unimproved Township roads, or grass planted areas, the topsoil shall be
saved and carefully replaced to a four-inch depth after the opening has been
refilled and resettled. The topsoil shall be raked evenly and shall have rye
grass seed, other acceptable grass seed or approved sod placed thereon. The
permittee will be responsible for turf growth through two mowings, if insufficient
topsoil is available from the excavation, then the permittee will bring new
topsoil in and place same as required above.
E.
Backfilling. After the required work on construction
has been completed in the open excavation, the backfilling shall be done,
using excavated material, if acceptable to the Engineer, or, if excavated
material is unacceptable, using imported clean shale, bank run gravel, quarry
blend stone or other acceptable material. In placing backfill, the permittee
or his contractor shall use a mechanical or vibrating tamping device or machine
placing fill in six-inch to ten-inch compacted lifts, as directed by the Engineer.
F.
On unimproved (unpaved) roads and shoulders, the backfill
shall be brought up to within seven inches (after compaction) of the existing
surface grade. There shall then be placed five inches of two-and-one-half-inch
crushed stone ballast, which shall be bound on top only with Grade "B" screenings,
or bank run gravel, quarry blend stone, or slag and thoroughly compacted.
The remaining two inches shall be three-quarter-inch crushed stone quarry
blended with sufficient fines to make a tight stable surface.
G.
On improved (bituminous pavement) roads, the backfill shall be brought up to a level, relative to the original pavement, where a proper base and bituminous pavement can be constructed in accordance with Article IV of this chapter, Street Construction Standards, the requirements of which shall be considered minimum for repaving over bituminous paved street openings.
H.
On improved roads (portland cement concrete pavement),
the backfill shall be brought up to a level, relative to the original pavement,
where a proper and complete concrete surface pavement can be reconstructed
at least to the total thickness of the original pavement, and providing further
that a minimum of eight inches of concrete pavement shall be reconstructed.
Reinforcement, using No. 3 longitudinal reinforcement bars spaced six inches
center to center, shall be set in the new concrete, overlapping with the old,
exposed bars, and at the same approximate vertical positioning. End surfaces
of existing concrete pavement are to be thoroughly cleaned, soaked with water,
and coated with a brush cost of neat cement prior to placing new concrete
in contact with same. Concrete shall be Class "B" conforming to the requirements
specified therefor in Article 4.1.2 of the Standard Specifications (1961)
of the New Jersey Department of Transportation.
I.
Shoulders. Where shoulders are unimproved, backfilling and surface repairs shall be as specified for unimproved roads, Subsection F of this section. Where shoulders are of bituminous pavement, the provisions of Subsection G above shall apply. Where shoulders are of portland cement concrete, the provisions of Subsection H above shall apply.
J.
Curbs, gutters, sidewalks, driveways, etc. Where the
opening involves cutting through existing curbs, gutters, sidewalks, driveways,
and any other surface structures, the permittee or his contractor shall rebuild
or replace such surface structures as closely as possible duplicating the
original as to the dimensions, grade, appearance and materials. Curbs and
gutters shall be reconstructed of State Highway Class "B" concrete; sidewalks,
concrete aprons and other miscellaneous structures shall be reconstructed
of State Highway Class "C" concrete or superior.
K.
Existing pipes, utilities, subsurface structures. Any
existing subsurface pipes, utilities, lines, drains, foundations, abutments,
inlets and other structures that may be disturbed, damaged or removed during
the necessary opening work, are to be replaced, reconstructed or repaired,
under the direction of the Engineer and the appropriate officials of the utility
company whose facility may be involved. Such replacement, reconstruction or
repair shall be made using materials, methods and standards of workmanship
at least equal to those of the existing feature, or in the case of a public
utility facility, to the standards imposed by the utility. Caution and care
shall be exercised by the permittee not to disturb such existing structures
or facilities exposed by the opening and found to be in or adjacent to the
opening.
L.
Other ordinances. If and when the Township may have adopted other ordinances detailing standards or specifications for the construction of any structures or facilities covered by Subsections C through K above, then such ordinance provisions shall govern the standards to be applied for openings or excavations under this article.
M.
Temporary surfacing. Pending the actual repaving or reconstruction
operations stated above, the permittee or his contractor shall provide a temporary
pavement or surface over the compacted refilled opening of such materials
as shall be directed by the Engineer. The contractor shall maintain, refill
and temporarily repave the surface as may be required by the Engineer or Department
of Public Works Supervisor until a permanent pavement has been constructed
to provide a properly graded traveling surface. Where a bituminous concrete
temporary pavement is indicated and warranted, as determined by the Engineer,
such temporary pavement shall be constructed two inches thick of type SM bituminous
concrete or equivalent material approved by the Engineer.[2]
N.
Tunneling. In cases where it becomes necessary to resort
to tunneling operations to accomplish the opening work in a most practical
way, then the backfill in such tunnel shall be rammed soil composed of a mixture
by volume of one part cement to six parts of aggregate material such as sand
or 3/4 inch quarry blendstone. Tunneling shall be permitted only with the
approval of the Engineer and when the need for tunneling is indicated on the
application for permit. Jacking or drilling is not considered to be tunneling.
O.
Jacking and drilling. Jacking and drilling will be permitted
when the need is indicated on the application for permit and when the Township
Engineer certifies that in his opinion other existing structures or utilities
will not be disturbed or damaged thereby.
P.
Blasting. No blasting shall be allowed, unless approved
by the Engineer. Blasting work shall be done only by an experienced and, where
required, licensed dynamiter, and only after all required safety precautions
have been taken and other necessary permits, if any, obtained. The Engineer
may require the permittee to give such notice as the Engineer may designate
to the property owners in the areas which the Engineer indicates may be affected
by the blasting.
Q.
Surplus materials. The permittee or his contractor shall
remove all surplus or unusable fill, debris and other materials from the job
site at his own expense. The area shall be left cleaned up at the end of the
work, to the satisfaction of the Engineer or Department of Public Works Supervisor.
Machinery, vehicles and tools of the contractor shall be promptly removed
from the job site when the work has been completed.[3]
A.
Safety precautions. The permittee and his contractor
shall keep all openings, all excavated materials, and all other machinery,
tools or other materials properly guarded and shall place and maintain barricades,
temporary fencing, guards or other appropriate warning devices at all times
during the progress of the work. Adequate flashing warning lights shall be
operated at the opening site to warn the public from one hour before sunset
till one hour after sunrise. The permittee and his contractor shall at all
times comply with all state safety regulations outlined in the "Construction
Safety Code" of the Department of Labor and Industry, Bureau of Engineering
and Safety, State of New Jersey, effective November 15, 1963, as may be amended.
B.
Cleanliness. If dust, dirt, air pollution, poor housekeeping
or detrimental material are allowed to exist, occur or continue as a result
of the work to the point where the public is unduly inconvenienced or disturbed,
in the opinion of the Township Committee, the Engineer, or Department of Public
Works Supervisor, the Engineer may stop the work until the situation complained
of is eliminated. Streets are to be kept broom-cleaned on a daily basis. If
dust persists, streets may be required to be hosed clean. The Engineer may
direct the permittee or his contractor to spread dust-inhibiting chemicals.[1]
C.
Maintenance of traffic. At all times during the course
of construction, at least 1/2 of the traveled way shall be kept open for public
vehicular travel, unless the permittee or his contractor provides and marks,
to the satisfaction of the Lebanon Township Police Chief, a suitable detour
which is approved in advance and marked in accordance with the direction of
the Lebanon Township Police Department. The permittee shall, at all times,
make provision for local residents to have access to their properties and
shall maintain the roadway and adjacent areas free from needless obstruction.
During all working hours that single line traffic is necessary, the permittee
shall provide a flagman. No length of street, road, shoulder, or embankment
shall be left open at any one time in excess of 500 linear feet.
D.
Protection of private property. Prior to starting work
on the opening, it shall be the responsibility of the permittee to advise
each nearby or adjacent property owner, whose property will be temporarily
inconvenienced or disturbed by the project, when the work will be commenced
and what effect the work will have on the owner's use of his property. The
permittee will be solely responsible for any damage, inconvenience or disruption
to nearby or adjacent properties, and will save the Township harmless from
any claims arising from the conduct of the work. It will be the permittee's
obligation and responsibility to arrange for any rights of entry or easements
needed. The permittee shall not store tools, machinery, materials, dirt or
debris on private property, nor use water, electricity, telephone or other
private facilities, without first obtaining permission from the property owner.
E.
Maintenance of newly reconstructed surface facilities.
The permittee assumes the responsibility of refilling the excavation, as it
may sink, consolidate, or break out whether the repair be temporary or permanent,
and keeping the surface level and smoothly blended with the surrounding undisturbed
pavement. After permanent repavement and approval by the Township, the permittee
shall be responsible for maintaining the opening site for a period of 18 months,
refilling, compacting, repaving, repairing damage, restoring turf or shrubbery,
all as directed by the Engineer when necessary, and in the case of undue trench
settlement may be required to reopen the trench or excavation to ascertain
the cause of undue settlement and to remedy the fault, all as required by
the Engineer.
A.
Final release. All openings made and restored under terms of this article and any permits issued shall be subject to final release and acceptance in writing by the Engineer. No deposit money shall be returned or bond released until after the written release has been effected. This release will not normally be effected until the expiration of the eighteen-month period specified above in § 325-15E.
B.
Exemptions.
(1)
The provisions of this article shall not apply to any person, partnership, firm, corporation, or contractor making openings or doing construction, repair construction work as defined herein on Township roads, public improvements, public property easements or facilities, under or in pursuance of a contract entered into between such person, partnership, firm, corporation or contractor and the Township, insofar as this article applies to fees, bonds, or other deposits required, or to applications for permits, as covered in §§ 325-7, 325-9, 325-10, 325-11 and 325-12 herein. Sections 325-8 and 325-14 herein shall apply to such work done under contract with the Township, and these sections shall be construed as being included in all contract provisions for work involving openings. The provisions of this article also shall not apply to work being done on openings in the Township by working forces of the Township.
(2)
The provisions of this article shall not apply to opening
work involved within the rights-of-way of roads or easements owned, regulated
and within the responsibility of the County of Hunterdon or the State of New
Jersey, or their various departments, bureaus or agencies.
(3)
The provisions of this article shall not apply to the
installation, erection, replacement, or maintenance of wood utility poles
for electric distribution, telephone or telegraphy installations, nor to such
other appurtenances such as stub poles, anchors, guys or ground lines, incidental
to these poles, where such poles and appurtenances belong to any of the franchised
public utility companies operating within the Township.
(4)
Major subdivisions. The provisions of this article shall
apply to openings involved within newly developed major subdivisions in the
Township, whenever it is intended that the Township will accept the roads,
easements or utility facilities within the Township street system, or for
Township maintenance and responsibility, except that whenever the subdivision
construction work, including such proposed openings, is covered under a surety
or performance bond arrangement, or a cash deposit, as a condition imposed
for subdivision approval, then no additional deposit arrangement or permit
procedure will be required under this article.
C.
Filing of plans. At the conclusion of the work, the permittee
shall file with the Township Clerk three sets of as-built plans or drawings
showing dimensionally all subsurface facilities as finally located and installed,
and also showing changes, if any, made to surface features. Revisions made
to old plans by the permittee, previously filed, will be annotated and dated
for any new opening revisions.
