[Adopted 3-19-2003 by Ord. No. 10-03 (Ch.
89 of the 1967 Code)]
As used in this chapter, the following terms
shall have the meanings indicated:
The person applying for a permit to open up a Township road.
Includes individual, firm, partnership, association and corporation.
A.
The Council hereby finds and declares that problems
of traffic control occur when traffic must be moved through or around
road or street construction, maintenance operations and utility work
above or below ground which requires blocking the roadway and obstructing
the normal flow of traffic; and that such obstructions are or can
become dangerous when not properly controlled. In order to better
promote the public health, safety, peace and welfare, it is necessary
to establish controls and regulations directed to the safe and expeditious
movement of traffic through construction and maintenance zones and
to provide safety for the work forces performing these operations.
B.
The Township of Jefferson in the County of Morris,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices, 2001 Edition, and any edition hereafter,
know commonly as "MUTCD," except as hereby supplemented and amended,
as it controls and regulates whenever construction, maintenance operations
or utility work obstructs the normal flow of traffic. Any person,
contractor or utility which fails to comply with the provisions of
MUTCD while performing such work is in violation of this section.
A copy of said manual shall be on file with the Township Police Department.
A.
No person shall install any utility or construct any
improvements requiring the opening up of any Township road or right-of-way
in the Township of Jefferson without first having received a permit
to do so.
B.
Permit application; traffic plan.
(1)
Any
person desiring a permit to open up any Township road or right-of-way
shall file, in triplicate, written application with the Department
of Public Works of the Township of Jefferson, stating the name and
address of the applicant, the length of time for which a permit is
desired, the road or roads to be opened up, the part of the road to
be opened and the location where the opening is to take place, the
size of the opening and the purpose thereof, as well as the anticipated
dates of opening and closing. Each applicant shall file an application
fee of $100, which shall be nonrefundable.
[Amended 9-1-2004 by Ord. No. 28-04]
(2)
A
copy of the permit application will be forwarded to the Chief of Police
or his designee, along with a copy of the road closure and traffic
routing plan, for approval. The Chief of Police or his designee will
also be part of any and all pre-construction meetings prior to allowing
any road closures or detour plans.
[Added 5-6-2009 by Ord. No. 16-09]
(3)
A
traffic plan is to be provided to the Chief of Police or his designee,
which will conform to the Manual on Uniform Traffic Control Devices,
Part VI. This plan will consist of a written explanation of the roadway
closure plan and traffic routing plan, along with a diagram of said
plan. This plan will be kept with the supervisor at the scene of such
road closure for review by the Chief of Police or his designee when
requested. The road closure and traffic routing plan will also be
kept and made part of the road opening permit. No road will be permitted
to have construction begin until this plan is approved by the Chief
of Police or his designee.
[Added 5-6-2009 by Ord. No. 16-09]
C.
The Department of Public Works shall forward a copy of the permit to the Chief of Police of the Jefferson Township Police Department to determine if additional safety measures are required for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this section prior to the start of such work is in violation of this section. Public utilities conducting routine maintenance work need not comply with the preconstruction review requirement. If the Chief of Police or his designee shall determine that additional safety measures are required for the safe movement of traffic, then the applicant or applicants shall meet with the Chief of Police or his designee to determine which measures shall be implemented, including, in the discretion of the Chief of Police or his designee, whether or not the applicant is required to contract for police services in accordance with § 7-38, Contracted police services; outside employment regulations, of the Jefferson Township Municipal Code.
D.
Prohibition
streets.
[Added 10-16-2019 by Ord. No. 19-18]
(1)
Newly
constructed or resurfaced streets shall be termed "prohibition streets"
within this chapter. Permission to excavate in prohibition streets
will not be granted for five years after the completion of street
overlays. Utilities shall plan well enough in advance to determine
alternate methods of making necessary repairs to avoid excavating
in newly resurfaced streets.
(a)
Exceptions to the above policy are as follows:
[1]
Emergencies that endanger life or property as determined by the Township
Engineer and the Business Administrator.
[2]
Interruption of essential utility service as determined by the Township
Engineer and the Business Administrator.
[3]
Work that is mandated by local, state, or federal law as determined
by the Township Engineer and the Business Administrator in consultation
with the Township Attorney.
(b)
The Township Engineer or his designee shall maintain a list of all
prohibition streets indicating the location limits, the date of the
completion of construction or resurfacing and the date the prohibition
expires. The list shall be made available to the public and be kept
current. If an exception is granted under this subsection, the individual
or entity obtaining the road opening permit shall repave the entire
portion of the street that is disturbed by the street opening from
the edge of the pavement to the edge of the pavement on the opposite
side of the street, unless the Township Engineer directs otherwise.
(2)
Approval
by the Township Engineer or his or her designee shall be obtained
prior to any excavation in a prohibition street under the exceptions
listed above. To request a waiver, the applicant must submit a written
request to the Township Engineer or his or her designee immediately
or within 24 hours under an eminent hazard condition where time is
of the essence. In granting the waiver, the Township Engineer or his
or her designee shall consider the following:
(a)
The location of the excavation.
(b)
Description of the work to be performed.
(c)
The reason(s) the work was not performed before the street was paved.
(d)
The reason(s) the work cannot be deferred until after the prohibition
period.
(e)
The reason(s) the work cannot be performed at another location.
(f)
The reason(s) it is justified as an emergency to excavate the prohibition
street.
(g)
The Township Engineer or his or her designee will verify that the
applicant has analyzed all feasible alternatives to make the necessary
repairs using a trenchless method in prohibition streets to avoid
excavating a newly resurfaced street whenever possible.
(3)
Any
person seeking a waiver for any other reason than those listed in
the exceptions listed above shall require approval from the Township
Council. The Township Council shall only grant a waiver after determining
that the waiver is deemed in the best interest of the Township of
Jefferson and that the waiver is necessary for unforeseen circumstances
not anticipated in this article.
The person or applicant shall provide the Jefferson
Township Police Department with at least two emergency contact phone
numbers to be called in case of emergency problems at the construction
or maintenance site prior to the start of any work. If, for any reason,
emergency contacts cannot be reached or if the emergency contact person
does not respond to a call from the Police Department to correct a
hazardous condition, the Township may respond to correct such hazardous
condition. The reasonable fees for such emergency services by the
Township shall be charged to the person, contractor or utility responsible
for such condition.
Upon receipt of an application, the Director
of the Department of Public Works or the Township Engineer shall prepare
an estimate setting forth the amount required to restore the road
to its original condition after the same has been opened in accordance
with the application and shall provide the applicant with a copy of
said estimate.
Prior to the issuance of a permit, the applicant
shall post with the Director of Public Works a performance guaranty
equal to 120% of the estimate for the restoration of the roadway as
prepared by the Director of the Department of Public Works or Township
Engineer. Said performance guaranty shall be paid in cash, bank or
certified check or a letter of credit issued by a commercial lending
institution doing business within the State of New Jersey. In the
event that the applicant fails to restore the road to its original
condition following installation of the utility within the time set
forth in the application, the Township may use the proceeds of said
guaranty to pay the cost of restoring said road, and any amount in
excess of said costs shall be returned to the applicant. No performance
guaranty shall earn any interest nor shall the applicant be entitled
to any interest. In the event that the applicant does restore said
road to its original condition within the time set forth in said application,
the Township shall return the full amount of said guaranty to the
applicant.
[Amended 9-1-2004 by Ord. No. 28-04]
The applicant, prior to the issuance of a permit,
shall certify that he has in effect such public liability and property
damage insurance as shall protect him and the Township of Jefferson
from any and all claims for damages for personal injury as well as
claims for property damage which may arise from the work to be carried
out under the permit. The applicant may satisfy such requirement by
issuing to the Township a certificate of insurance naming the Township
as an additional insured. Each policy of insurance shall have a minimal
coverage of $500,000 for bodily injury and $100,000 for property damage.
A.
Each excavation shall be backfilled in the following
manner. Once the pipe, culvert or other device is installed within
the trench on the proper bedding as authorized by the Township Engineer
or Director of Public Works (DPW), the trench shall be backfilled
using the existing excavated material if it is deemed suitable by
the Engineer or DPW Director prior to the backfill operation occurring.
Using either existing backfill or imported fill, the trench shall
be filled in lifts not to exceed six inches in thickness. The fill
shall be compacted by mechanical means to 90% proctor (behind the
curb or edge of pavement) and 95% proctor for areas within the street.
The trench shall be finish graded using at least six inches of dense
graded aggregate base course, suitably compacted, four inches of bituminous
stabilized base course (NJDOT Mix I-2) and two inches of bituminous
concrete surface course (NJDOT Mix I-5). In paved areas, the final
trench surface shall be flush with the existing road surface, and
the trench patch shall not deflect, redirect or funnel stormwater
from its prior course.
B.
At the discretion of the Director of Public Works
or the Township Engineer, the trench repair can be modified to address
certain concerns as is related to the affected road opening permit
or driveway construction permit. No specification listed above shall
be construed as a minimum or maximum, and said dimensions are only
provided as a guideline for the Township's intent of the requested
roadway trench repair specifications.
Road closings and/or traffic detours shall not
be permitted unless approved by the Chief of Police of the Jefferson
Township Police Department or his designee.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Jefferson Township Police
that same is necessary to provide for the safety and expeditious movement
traffic.
The Chief of Police, Township Engineer or Assistant
Township Engineer or his designee shall have the authority to stop
work, including the removal of equipment and vehicles, stored material
within the street right-of-way, backfilling of open excavations and/or
other related work, in order to abate any nuisance, delay and/or safety
hazard or for any violation of this section.
Notwithstanding the provisions of this chapter,
any person may open up any Township road to repair any utility, provided
that it is an emergency and any delay in obtaining the required permit
would result in endangering the health and general welfare of the
citizens of the community; provided, however, that a permit, as required
herein, is obtained within 12 hours after the emergency is discovered
by the person making the opening and all other requirements of this
chapter are complied with.
A.
In the case of emergency repair work where construction
maintenance operations or emergency utility work must be performed
that will obstruct, interfere or detour traffic on any roadway in
the Township, the person, contractor or utility performing such operations
shall notify the Jefferson Township Police Department of such emergency
operation. The person, contractor or utility shall disclose the nature
of the emergency, location and hours of operation.
B.
All emergency construction and maintenance operations
shall be performed with full regard to safety and to keep traffic
interference to an absolute minimum. During such emergency repair
work, the person, contractor or utility shall comply with the provisions
of the MUTCD while performing such emergency repair work.
Any person who shall violate any of the provisions
of this chapter shall be subject to a fine not exceeding $500 or imprisonment
in the county jail for a term not exceeding 90 days, or both.
