Township of East Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of East Amwell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Litter on sidewalks — See Ch. 97.
Abandoned vehicles — See Ch. 132.
Parking regulations — See Ch. 135.
[Adopted 6-15-1973]

§ 123-1 Permit required; emergencies.

A. 
No person, persons or corporations shall do any excavating or disturb any street or road surface, shoulder or bank areas in the Township of East Amwell for the purpose of laying, changing, repairing or connecting any water, gas, sewer, pipe or any electric, telephone or telegraph pipes or conduits or for any other purpose whatever without first having obtained a permit from the Clerk of East Amwell Township.
B. 
In the event of an emergency where repairs must be made immediately, the excavation may be made for the purpose of stopping a leak, or to correct an interruption in service. As soon as the leak or interruption in service has been repaired, the person, persons, corporation having made the excavation shall forthwith apply for a permit and comply with all other provisions of this article. In emergency matters and in the absence of the Clerk, a permit may be issued by the Mayor or a member of the Township Committee.

§ 123-2 Permit application information.

Any person, persons or corporation desiring such permit shall file with the Municipal Clerk, or other designated official in the event of emergency, a signed application containing the following information:
A. 
The name and address of the applicant.
B. 
The purpose for which the opening is to be made.
C. 
A clear description of the location of the proposed opening.
D. 
Three complete copies of the plans and specifications showing the work contemplated to be done and indicating clearly the section of pavement, shoulder or bank which the applicant desires to open. Three complete as-built plans shall be filed if any changes are made from the original plans.
E. 
The length, width, and depth of the proposed opening, and the anticipated area to be covered by spoil and disturbed by heavy equipment.
F. 
The outside diameter of all proposed manholes, if any.
G. 
The distance of the proposed opening from the nearest curb or ditch line or edge of pavement where road is paved so that some suitable tie-in for later location purposes be shown.
H. 
Whenever any of the above requirements cannot be stated with exactness, the words, "subject to Engineer's consent during construction" shall be used for the information given.
I. 
The estimated date of commencement and the estimated date of completion of the proposed work. These estimates can be based on past experience in doing similar work. In the event of unforeseen circumstances beyond the control of the applicant, the applicant may apply for an extension of the completion date.
J. 
The approximate cost of backfilling, tamping and repaving work in all cases where a bond is to be furnished.
K. 
Agreement in writing to save the Township of East Amwell 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.
L. 
Except as provided in § 123-10, relative to New Jersey public utility corporations, the applicant shall, as a part of each application, annex thereto a certificate by its liability insurance carrier acceptable to the township, showing that he, they or it has liability insurance during the period required for the proposed improvement in the following minimum amounts:
(1) 
For personal injury to one person: $100,000.
(2) 
For personal injury for one accident: $300,000.
(3) 
For property damage: $100,000.
M. 
Except as provided in § 123-10, relative to New Jersey public utility corporations, the applicant shall, as a part of each application, annex thereto a certificate showing that the applicant is covered by worker's compensation during the period required for the proposed improvement.
N. 
Said application is to be filed with the Clerk in sufficient time to provide a forty-eight-hour notice to the Township Engineer so that inspection of the project may be arranged.
O. 
A fee shall be paid to the Clerk in the amount of $2 with each application.
[Added 11-16-1973]

§ 123-3 Guarding of excavations; notification of detour.

The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon to warn the public from one hour before sunset to one hour after sunrise. Should it be necessary to detour traffic, or for any reason close the road to traffic for any period of time, the applicant shall notify the local fire company, the local rescue squad, and the State Police prior to the time said road is closed.

§ 123-4 Power of Township Engineer.

The applicant shall pay to the township the amount discharged by the Township Engineer, or his representative, for inspection and supervision of the work. The applicant shall at all times comply with all requirements of said Township Engineer or his representative.

§ 123-5 Deposits.

[Amended 11-16-1973]
A. 
Except for public utility corporations who have filed a bond pursuant to § 123-10 in an amount sufficient to fulfill the requirements of this section, each applicant shall deposit with the Clerk of the township the sum of $50 with each application for each opening to be made in the road pavement, shoulder or bank. A maximum continuous opening of not more than five feet in length may be made under such deposits. If the proposed excavation is for more than a single hole of up to five feet in length, the sum of $1 per square foot of the opening applied for shall be deposited, said payment to be made five days before the beginning of any work or the moving of any equipment or material to the site of the proposed opening.
B. 
In the event that a public utility corporation and/or its bonding company should fail to make payment to East Amwell Township within 10 days of receipt of a written request for reimbursement for costs incurred by East Amwell Township or for damages occasioned by the acts of said public utility, said public utility shall then be required to post a cash deposit as required in § 123-10 of this article for all future road openings.

§ 123-6 Performance of work within time limits.

All work performed must be done within the time specified by the Engineer or his representative. If the applicant does not comply with this requirement, or if in the judgment of the Engineer it keeps opened and unrepaired any portion of the work for an unreasonable length of time, the street, road, shoulder or bank may be refilled and repaired by the Township of East Amwell at the expense of the applicant upon three days' notice having been given to the applicant.

§ 123-7 Dust control.

If dust, dirt, or other detrimental material continue to arise as a result of the work or neglect of the applicant, its agents, contractors or representatives, the Engineer may stop the work until the situation is corrected. The Engineer may direct that suitable amounts of calcium chloride or other dust settling material be used.

§ 123-8 Blasting.

No blasting shall be allowed unless permitted by the Township Engineer.

§ 123-9 Restoration of disturbed lands.

The applicant, in exchange for the privilege of disturbing township roads and to protect the landscape from erosion and other ecological damage, shall adhere to the herein set forth requirements whenever the surface of any lands, be they public or private, in the Township of East Amwell, is disturbed:
A. 
All disturbed topsoils shall be restored.
B. 
Two tons of ground limestone per acre and 600 pounds of 10-10-10 per acre shall be applied to all disturbed lands. This requirement may be modified if the applicant can demonstrate to the satisfaction of the Environmental Commission of the Township of East Amwell that tests conducted by the Rutgers University Soil Testing Laboratory, or other recognized soil testing laboratory, indicated otherwise, in which event, limestone and fertilizer shall be applied as set forth in said tests.
C. 
For those areas disturbed in fields and through woodlands, 50 pounds of Kentucky 31 tall fescue seed and 50 pounds of perennial ryegrass seed per acre shall be applied.
D. 
For disturbed areas that are mowed periodically, including but not limited to lawns and athletic fields, mix such as provided by the Hoffman Seed Co. and the Seaboard Seed Co. shall be applied at the rate of 125 pounds per acre.
E. 
Straw mulch or its equivalent shall be applied over all areas seeded between May 15 and August 15. All areas not seeded prior to September 20 and that will not be seeded until the following Spring shall be mulched as directed by the Township Engineer and/or East Amwell Township Environmental Commission in those areas subject to erosion.
F. 
On disturbed road banks and slopes of greater than four to one, 45 pounds of Kentucky 31 tall fescue and five pounds of crown vetch per acre shall be applied.

§ 123-10 Cash deposit or bond required; public utility corporate bond; release.

A cash deposit or a surety bond, in such amount as determined by the Township Committee and/or the Township Engineer shall be deposited with the Municipal Clerk before any road openings are commenced. Such bond shall be in an amount sufficient to provide for payment for any reasonably anticipated damages by or from the acts of the applicant, its agent, servants or subcontractors, and said bond shall save the Township of East Amwell harmless from any suits at law or otherwise which may result from damages sustained by any persons or property as a result directly or indirectly of the work performed under the permit. A public utility corporation may file a corporate bond in lieu of cash or construction bond. No bond shall be released until 18 months after the completion of the project and its acceptance by the Township Engineer, and then only upon the written certification by the Township Engineer that said work has remained in a satisfactory condition for the said 18 months.

§ 123-11 Traffic control.

If at any time during the course of the work, the Engineer in his judgment, deems that adequate traffic control is not being maintained by the applicant, East Amwell Township may take such steps as are necessary in the judgment of the Engineer to maintain adequate traffic control, and the cost thereof shall be charged to the applicant.

§ 123-12 Backfilling.

A. 
In placing backfill, the applicant or his contractor shall use a mechanical or vibrating tamping machine. Six inches to 12 inches of backfill shall be tamped as directed by the Engineer. Whenever the Engineer considers the excavated material unsuitable for backfill, the applicant shall backfill the trench with sand or bank-run gravel or such other such material as the Engineer may direct.
B. 
On roads and shoulders, the backfill shall be brought up to within seven inches of the existing surface grade. There then shall be placed six inches of two-and-one-half-inch crushed stone ballast which shall be bound up with Grade B screening and thoroughly compacted. The top one inch shall be three-fourths-inch crushed stone quarry blended with sufficient fines to make a tight, stable surface.
C. 
On banks and slopes of improved or unimproved township roads or grass sidewalk areas, the topsoil shall be saved and carefully replaced after the trench has been tamped properly and settled completely. The topsoil shall be replaced after final settlement, shall be raked evenly, shall be fertilized as set forth above, shall have planted 45 pounds of Kentucky 31 tall fescue and five pounds of crown vetch per acre, or other means satisfactory to the Township Engineer to prevent erosion of the slopes and banks.
D. 
When the street was previously paved, the pavement should be placed upon backfill as required by Subsection A of this section to within seven inches of the road surface. The pavement surface shall be as determined by the Township Engineer.

§ 123-13 Violations and penalties.

Any person, persons or corporations who shall violate any of the provisions of this article shall upon conviction thereof, be punished by one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days. Each day that a violation of any provision of this article continues shall constitute a separate offense.
[Adopted 5-11-1995 by Ord. No. 95-03]

§ 123-14 Parking prohibited.

A. 
Whenever snow has fallen and the accumulation interferes with the normal flow of traffic on township streets and roads and it becomes necessary to plow said roads, no vehicle shall be parked on any of the said township streets or roads. No provision of this article shall apply to any county or state road located within the Township of East Amwell.
B. 
The above parking prohibition shall remain in effect during and after the snow has ceased until the streets and roads have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic on said streets and roads.
C. 
Any unoccupied vehicle parked or standing in violation of this article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and the Supervisor of Roads, or Assistant Supervisor of Roads, of this township may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal, before retaining possession of the vehicle. The location of vehicles which may have been towed away may be ascertained by requesting such information from the Municipal Court Administrator or Supervisor, or Assistant Supervisor, of Roads.
D. 
Signs shall be erected regarding the provisions of § 123-14 as required by law.
E. 
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of this § 123-14 shall be liable to a penalty to be determined by the Court.

§ 123-15 Depositing substances in roadway prohibited.

A. 
No person, other than an employee or contractor of the township acting in his or her official capacity as such, shall, unless with prior authorization of the township, place, or cause to be placed, plowed, or deposited, on the traveled surface of any road within the township, any snow, ice, mud, dirt, stones, rocks, gravel, or other material, in such manner that the same impedes or is reasonably likely to impede the unobstructed use of, and vehicular passage upon, such road.
B. 
If the material has been placed, plowed, or deposited in violation of Subsection A above by being moved onto the traveled surface from an adjoining property, the owner of the adjoining property is presumed responsible for the violation if the owner occupies the property; otherwise, a tenant is presumed responsible for the violation if a tenant occupies the property. The foregoing parties shall be presumed responsible, whether or not the material was moved or plowed onto the traveled way by a contractor.
C. 
In case the material which is in violation of Subsection A above and which was moved there from an adjoining property is not removed within 12 hours after notice to the owner or tenant, occupying the property, from the Supervisor, or Assistant Supervisor, of Roads, it may be removed under the direction of the Supervisor, or Assistant Supervisor, or his designee. The cost of expense paid and incurred by the township may be certified by the Supervisor to the Township Committee. The owner, tenant or person in possession of the adjoining property in question shall be mailed a copy of such certification by the Municipal Clerk, by regular mail along with notice of the date, time and place of a meeting of the Township Committee at which such certification will be considered. At a meeting of the Township Committee, specified in such notice, the Township Committee shall examine the certificate and afford the owner, tenant or person in possession of the property an opportunity to be heard with regard to the same. If after such hearing, the Township Committee shall find such certification of cost to be correct, it shall cause the cost as shown on the certification to be charged against such lands, or in the event that,such cost is found to be excessive shall cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes. Such costs shall be in addition to any other penalty imposed for any violation of this section. Once the cost is approved by the governing body, such shall be forwarded to the Tax Assessor of the township, and the costs shall be charged against the real estate and be considered a tax lien.
D. 
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of this § 123-15 shall be liable to a penalty, to be determined by the Court.

§ 123-16 Enforcing officials.

A. 
The provisions of §§ 123-14 and 123-15 of this article may be enforced by the Supervisor of Roads, or the Assistant Supervisor of Roads, of this township, either of whom shall possess the power and authority to:
(1) 
Issue a parking ticket for a parking offense (as such terms are defined in the Parking Offenses Adjudication Act N.J.S.A. 39:4-139.2 et seq.) when such offense is a violation of such § 123-14.
(2) 
Serve and execute all process for such parking offense under § 123-14 or a violation of § 123-15, issuing out of the court having jurisdiction over the complaint.
(3) 
Cause any vehicle parked, stored or abandoned in violation of such § 123-14 to be towed away from the scene of the violation and to collect from the vehicle's owner or owner's agent, on behalf of the township, the costs of the towing and subsequent storage of the vehicle before surrendering the vehicle to the owner or agent.
B. 
Such powers shall not constitute the Supervisor, or Assistant Supervisor, of Roads as a police officer or special law enforcement officer, nor shall either of them, on account of such powers, carry or use a firearm while on duty or be eligible for membership in the Police and Firemen's Retirement System.