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Township of Readington, NJ
Hunterdon County
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Table of Contents
Table of Contents
Code
New Laws (5) Index Notes (6)
[Adopted 9-2-1969]
[Amended 10-7-1985 by Ord. No. 88-1985]
No person, persons or corporation shall do any excavating, test drilling or disturb any public street or road surface or curbing or sidewalks within the right-of-way of any street or road in the Township of Readington, including all sidewalks, streets and roads in private developments not a part of the township street system at the time of excavation, but where it is contemplated that application will subsequently be made to have said streets or roads become a part of the township road system, for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe, storm drain or any electric, telephone or telegraph pipes or conduits, or for any other purpose, whatever, without first having obtained a permit from the Township Director of Public Works. In the event of emergency where repairs must be made immediately and the person, persons or corporation charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then, and in that event, the excavation may be made for the purpose of stopping a leak or interruption in service of the utility. As soon as the leak or interruption in service has been repaired and an emergency no longer exists, the person, persons or corporation having made the excavation 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 Director of Public Works, a permit may be issued by the Mayor or Councilman in charge of township streets.
[Amended 10-7-1985 by Ord. No. 88-85]
A. 
Any person, persons or corporation desiring such permit shall file with the Director of Public Works, or other designated official in the event of emergency, a signed application containing the following information:
(1) 
The name and address of the applicant.
(2) 
The purpose for which the opening is to be made.
(3) 
A clear description of the location of the proposed opening.
(4) 
Three complete copies of the plans and specifications showing the work contemplated to be done and indicating clearly the section of street which the applicant desires to open. Three complete as-built plans shall be filed if and as required by the Director of Public Works.
(5) 
The length, width and depth of the proposed opening.
(6) 
The outside diameter of all proposed manholes.
(7) 
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.
(8) 
The approximate cost of backfilling, tamping and repaving work in all cases where a bond is to be furnished.
(9) 
An agreement in writing to save the Township of Readington 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.
B. 
Except as provided in § 204-28, relative to New Jersey public utility corporations, the applicant or applicant's contractor shall, as part of each application, annex thereto proof of its liability insurance 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:
[Amended 10-4-1999 by Ord. No. 20-99; 9-3-2013 by Ord. No. 18-2013]
(1) 
The contractor shall have general liability insurance of $1,000,000 combined single limit per occurrence / $3,000,000 annual aggregate.
(2) 
The contractor shall have umbrella coverage (in excess of the commercial general liability, employer’s liability and commercial auto liability policies) of $5,000,000 limit.
(3) 
The contractor shall have standard workers’ compensation insurance covering all of the contractor’s employees directly or indirectly engaged in the performance of the job covered by the application. This insurance shall comply with the statutory requirements of the State of New Jersey and shall have an employer’s liability insurance limit of not less than $500,000 per accident or $500,000 for disease.
(4) 
The applicant or applicant’s contractor shall have insurance for property damage in the minimum amount of $1,000,000.
(5) 
The contractor shall have auto liability insurance of not less than $1,000,000 per accident and must include coverage for owned, nonowned and hired autos.
(6) 
The Township of Readington shall be named as an additional insured on all certificates of insurance submitted by the contractor, except workers compensation insurance.
C. 
Except as provided in § 204-28, relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate showing that the applicant is covered by the items listed in Subsection B above during the period required for the proposed improvement.
[Amended 9-3-2013 by Ord. No. 18-2013]
D. 
Each application shall be accompanied by an application fee in the form of a check or money order drawn to the order of the Township of Readington.
The word "applicant" shall include the applicant's agents, servants, representatives and any contractors employed by it.
[Amended 10-7-1985 by Ord. No. 88-85]
The applicant shall, within 24 hours of excavation, continue construction, installation or repair of any installation as detailed in § 204-13A(4). Where an excavation will be open more than 48 hours, clearance and permission must be received in writing from the Director of Public Works. No excavation will be started on Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon of adequate nature to warn the public from one hour before sunset to one hour after sunrise. No greater portion of the street or curbing shall be left open at one time in excess of 500 linear feet.
At all times during the course of construction, 1/2 of the street shall be open for public travel, unless the applicant provides and marks, to the satisfaction of the township police, a suitable detour. The applicant shall at all times be required to make provisions for local residents and shall maintain the roadway and adjacent areas free from needless obstruction.
[Amended 10-7-1985 by Ord. No. 88-85]
The Director of Public Works or his representative will inspect the work periodically to ensure compliance with this article. An applicant under this article shall give the Director of Public Works 48 hours' notice of excavation so that inspections of the work may be scheduled. The applicant shall pay the cost of inspections by the Director of Public Works to the Township of Readington, whether such inspections are the periodic inspections by the Director of Public Works or special inspections called for by the appropriate township officials.
[Amended 10-7-1985 by Ord. No. 88-85]
All work performed must be done within the time schedule in § 204-13A(7). If the applicant does not comply with this schedule or if in the judgment of the Director of Public Works keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the township at the expense of the applicant upon two days' notice having been given to the applicant.
[Amended 10-7-1985 by Ord. No. 88-85]
If the dust, dirt or other detrimental material continues to arise as a result of the work or neglect of the applicant, its agents, contractors or representative or if a nuisance is, in the opinion of the Director of Public Works, caused by the actions of any said parties, the Director of Public Works may stop the work until the situation complained of is eliminated. Streets must be kept broom clean. If dust persists, streets may be required to be hosed clean.
[Amended 10-7-1985 by Ord. No. 88-85]
No blasting shall be allowed unless approved by the Director of Public Works. All work shall be conducted so as not to interfere with existing utilities, water mains, sewer lines, gas pipes or electrical or telephone conduits or the service connections thereof, and, in the event of injury to such utilities, it shall be the duty of the applicant to immediately notify the proper utility so that repairs may be made at the expense of the applicant. The applicant shall not at any time come closer than three feet to any utility line without the permission and supervision of the respective utility concerned. Such utility pipes shall be protected and temporarily supported as directed by the utility company's representatives or the Director of Public Works inspecting the excavation.
Where test holes are drilled not exceeding nine square inches, such holes shall be filled with hot tar to street level within seven days of repair of the leak or other utility damage.
[Amended 10-7-1985 by Ord. No. 88-85]
Where holes or excavations exceed nine square inches, the applicant or his contractor shall:
A. 
Fill with quarry-blend or other suitable backfill material, as approved by the Director of Public Works, to within 10 inches of the existing street surface. The excavation shall be tamped sufficiently to keep future settlement to a minimum, such tamping to be as directed by the Director of Public Works or his representative.
B. 
Duplicate the existing surfaces with like surfacing material to conform to said existing street surface, road surface, curbing, sidewalk areas and grass plantings, as directed by the Director of Public Works.
C. 
Replace all damaged or broken drain pipes or conductors, either through the street or from buildings and residences to the street.
[Amended 10-7-1985 by Ord. No. 88-85]
A. 
Pending the actual repaving operation stated in § 204-23, the applicant may use a temporary fill in the excavation of such material as may be directed by the Director of Public Works, to the end that no loose stones, mud or dirt may impede the flow of traffic. The Director of Public Works may, at any time, require any irregularity in the surface to be immediately taken care of and may require temporary paving.
B. 
The applicant assumes the responsibility of refilling the excavation, as it may sink from time to time, and keeping it level with the balance of the street surface.
C. 
After repavement, the applicant shall be under the duty of maintaining the excavation for a period of 18 calendar months and assumes the responsibilities of refilling the excavation as it may sink. In case of undue settlement, the Director of Public Works, in his judgment, shall direct the applicant to open the excavation to ascertain the cause of the undue settlement and to remedy the same. All engineering costs will be charged to the applicant.
D. 
Upon the failure of the applicant to comply with any of these requirements, the Township of Readington may do the necessary, repairs and replacements and charge the same to the applicant, as provided for in § 204-19.
In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed soil composed of a mixture by volume of one part cement to six parts of aggregate material such as sand or 3/4 quarry blend.
It shall be the responsibility of the applicant to dispose of all surplus materials from the excavation.
[Amended 10-7-1985 by Ord. No. 88-85; 9-3-2013 by Ord. No. 18-2013]
A. 
The applicant shall deposit with the Township Clerk the sum of $75 for an application fee (nonrefundable) and $50 for a permit fee (nonrefundable) with each application for each opening to be made in the street.
(1) 
The applicant shall also post escrow to cover the cost of professional review and inspections associated with the road opening application as provided in Subsection B below.
(2) 
Cash bond. The applicant shall deposit an additional sum of 100% of the estimated cost of backfilling, compaction and repaving work to be used to pay the cost of legal services, unrepaired damages or other legitimate costs to the Township directly related to the project.
B. 
The initial review/ inspection escrow shall be as follows:
(1) 
For openings located within the right-of-way but outside the Township road pavement: $300.
(2) 
For openings located within the right-of-way and impacting the existing Township road pavement: $1,200.
C. 
In the event an opening runs parallel along a Township road within the right-of-way for a distance greater than 200 feet, the escrow amount shall be determined by the Director of Public Works.
D. 
Escrows shall be replenished as directed by the Township during the progress of the work. Any unexpended escrow monies shall be returned to the applicant, except for a final fee of $100, within two months after the expiration of the eighteen-month maintenance period.
[Amended 9-3-2013 by Ord. No. 18-2013]
A. 
Surety bond. The applicant may submit a surety bond, in lieu of the cash bond calculated under § 204-27A which, upon approval of the Township Attorney, shall have the same force and effect as a cash bond. Said bond shall, by its terms, provide for payment of any damages by or from the acts of the applicant, its agents, servants or subcontractors and save the Township 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. Public utility corporations of the State of New Jersey may file a corporate bond on a yearly or longer basis in an amount of $5,000.
B. 
The surety and cash bonds shall remain in effect and shall not be released until the costs and final fee calculated under § 204-27 have been paid to the Township and until the issuance of the final release by the Director of Public Works.
[Amended 10-7-1985 by Ord. No. 88-85]
All streets so restored shall be subject to final release and acceptance, in writing, by the Director of Public Works. No deposit money as specified in § 204-27 shall be returned nor bond released until 18 months after the completion of the project and its acceptance by the Director of Public Works, and then only upon the above-written certification, as stated, that said work has remained in a satisfactory condition for said 18 months.
[Added 12-17-2007 by Ord. No. 41-2007[1]]
A. 
Notwithstanding anything to the contrary in this chapter, except in the event of an emergency where immediate repairs must be made as provided in § 204-12 above, there shall be no excavating, drilling or any other similar disturbance made to any newly constructed, paved, repaved or improved public street, road surface, curbing or sidewalks located within the right-of-way of any street or road in the Township of Readington for a period of five years from the date the work on such street, road surface, curbing or sidewalk has been completed.
B. 
Prior to the Township beginning a particular roadway construction or improvement project in the municipality that would limit a utility from excavating or otherwise opening the roadway for a utility line or service connection installation, the Township will notify such utility companies already operating within the Township that the project is pending. Any such company that wishes to perform a roadway excavation on the affected roadway must do so within 90 days after notification has been given from the Township that the roadway improvement project will be undertaken.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 204-30 as § 204-31.
[Amended 10-4-1999 by Ord. No. 20-99]
Any person or corporation who violates the provisions of this article shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.