[Adopted 7-27-1970 as Art. 38, Ch. B, of the 1969 Revised
Ordinances; amended in its entirety 3-11-2014 by Ord. No. 09-2014]
A.
The public right-of-way is a unique public resource held in trust
for the benefit of the public. This physically limited resource requires
proper management to maximize its efficiency and minimize the costs
to taxpayers, to protect the capital investment made by the Town of
Dover in the public right-of-way, and to minimize the inconvenience
to and negative effects on the public from use of the public right-of-way
by contractors and utility companies.
B.
To achieve the purpose of this chapter, the Town of Dover shall endeavor
to coordinate its Capital Improvement Programs with those of utility
companies and franchisees with facilities in, on, under or above the
public right-of-way. Information about any planned work in the right-of-way
shall be shared at the earliest possible time. Utility owners and
franchisees are encouraged to coordinate their street encroachments
so that all work is done simultaneously with the Town of Dover and/or
other utilities.
As used in this chapter, the following terms shall have the
meanings indicated:
Constructing or placing temporary or permanent structures,
improvements, facilities or materials in, on, over, or under any public
right-of-way or using any right-of-way so as to prevent, obstruct,
or interfere with the normal use of that way, including but not limited
to the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, scaffolding,
guardrail, wall, pipe, conduit, well casing, cable, wire, communication
service equipment, or other facility or structure, whether permanent
or temporary, on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing, whether
permanent or temporary within the public right-of-way;
Placing or leaving on the public right-of-way any rubbish, brush,
earth, or material;
Constructing, placing, or maintaining on, over, under, or within
a public right-of-way, whether permanent or temporary, any pathway,
sidewalk, driveway, or other surfacing; any culvert or other surface
drainage or subsurface drainage facility; or any pipe, conduit, cable,
well casing wire, communication service equipment or facility, or
cable;
Constructing, placing, planting, or maintaining any structure,
embankment, excavation, tree, or other object, whether permanent or
temporary, adjacent to the public right-of-way which causes or may
cause an encroachment.
The Town of Dover Engineer, his or her designee.
Any trench cuts within the street right-of-way to access
or install a utility line or any related facility. All such excavations
shall require an encroachment permit.
The applicant/permittee to whom an encroachment permit is
issued for the purposes of excavation.
Any fiber optic, coaxial, or copper cable; communication
service equipment; telephone, telecommunications, electric or other
wire, line or equipment; utility structure; oil, gas, or other pipeline;
duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box;
surface location marker; pole; subsurface tiebacks; soil nails; stairs;
access ramps; subsurface foundations; landscape features, including
curbs around planter areas; planter boxes; clocks; bus shelters; phone
booths; bike racks; fencing; retaining walls; benches; stockpiles;
building materials; and other appurtenances or tangible things located
in, upon, above, beneath, or across any public right-of-way.
On a two-way street, the width of one-half of the paved width
of the street from the face of curb (or edge of pavement where no
curb exists) to the centerline of the street. On a one-way street,
it means the full paved width of the street from the face of curb
(or edge of pavement where no curb exists) on one side to the face
of curb (or edge of pavement where no curb exists) on the opposite
side.
Any person, contractor, utility or special district that
has been issued a permit pursuant to this chapter, including any lawful
successor, transferee, or assignee of the original permittee. All
obligations, responsibilities, and other requirements of the permittee
shall be binding on successors in interest of the original permittee.
Any natural person, firm, joint venture, joint stock company,
partnership, association, club, company, corporation, business trust,
organization, or the manager, lessee, agent, servant, officer, or
employee of any of them or any other entity which is recognized by
law as the subject of rights or duties, not including the Town of
Dover, the Richmond Community Redevelopment Agency, or the Town of
Dover's or Agency's officers, employees, or agents.
Streets that have been reconstructed or resurfaced within the past five years (see § 337-6, below).
The area in, upon, above, beneath, or across any land or
interest which by deed, conveyance, agreement, easement, dedication,
usage, or process of law is reserved for or dedicated to the use of
the general public for travel, and includes any public street, road,
highway, freeway, bridge, lane, court, alley, boulevard, sidewalk,
median, parkway, or emergency vehicle easement.
The full width of the surfaced or travel portion, including
shoulders, of any road, street, path, lane, or alley dedicated to,
reserved for, or used by or for the general public when those roads,
streets, paths, lanes, and alleys have been accepted as and declared
to be part of the Town of Dover system of public streets, except those
under the jurisdiction of the County of Morris and the New Jersey
Department of Transportation.
One or more courses of asphalt construction on an existing
pavement; usually greater than one inch in thickness; generally includes
an asphalt leveling course to correct the contour of the old pavement.
Any physical alteration or improvement, including but not
limited to a building, post, cabinet, fence, vault, sign, pole, guardrail,
wall, facility, pedestrian walking path, sidewalk, driveway, track,
surfacing, culvert, drainage facility, pipe, embankment, or excavation.
Any person or entity providing Town of Dover electric, gas,
telephone, telecommunications, water, or other services to customers,
and which pursuant to state law or local franchise is entitled to
install its facilities in the public right-of-way.
The defects in the surface of a roadway that is in direct
contact with traffic and that resists the resulting abrading, crushing,
or other disintegrating action.
A.
Prohibition streets.
(1)
Newly constructed or resurfaced streets shall be termed "prohibition
streets" within this section. 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. Exceptions to the above policy are as
follows:
(2)
The Town Engineer or his designee shall maintain a list of all "prohibition
streets" indicating the location limits, the date of the overlay and
the date the prohibition expires. Said list shall be made available
to the public and be kept current.
B.
Approval by the Town Engineer or his 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 Town Engineer or his designee immediately, or within 24 hours
under an eminent hazard condition where time is of the essence. In
granting the waiver, the Town Engineer or his designee shall consider
the following:
(1)
The location of the excavation.
(2)
Description of the work to be performed.
(3)
The reason(s) the work was not performed before the street was paved.
(4)
The reason(s) the work cannot be deferred until after the prohibition
period.
(5)
The reason(s) the work cannot be performed at another location.
(6)
The reason(s) it is justified as an emergency to excavate the prohibition
street.
(7)
The Town Engineer or his 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.
C.
Any person seeking a waiver for any other reason than those listed
in the exceptions listed above shall require approval from the Mayor
and Board of Aldermen. The Mayor and Board of Aldermen shall only
grant a waiver after determining that the waiver is deemed in the
best interest of Town of Dover and that the waiver is necessary for
unforeseen circumstances not anticipated in this chapter.
A.
Any and all encroachments, as defined herein, within the public right-of-way
shall require an encroachment permit. Anyone doing excavation work
within the Town of Dover of County of Morris public right-of-way shall
obtain a right-of-way encroachment permit for the purpose of excavation
in addition to any other required permits. The contractor performing
the work shall apply for the permit.
B.
The permit application may be obtained from the Town of Dover Engineering
Department.
C.
The permit application shall be accompanied by the following:
(1)
An application fee in as indicated below:
Encroachment Type
|
Application Fee
| |
---|---|---|
Excavating or disturbing the public street portion of the public
right-of-way
|
$200
| |
Erecting or maintaining any post, sign, pole, fence, scaffolding,
guardrail, wall, pipe, conduit, well casing, cable, wire, communication
service equipment, or other facility or structure on, over, or under
a public right-of-way, whether permanent or temporary, without excavating
or disturbing the public street portion of the public right-of-way
|
$150
| |
Constructing, placing, or maintaining on, over, under, or within
a public right-of-way, outside the limits of the public street, whether
permanent or temporary, any pathway, sidewalk, driveway, or other
surfacing; any culvert or other surface drainage or subsurface drainage
facility; or any pipe, conduit, well casing, cable, wire, communication
service equipment or facility, or cable
|
$100
| |
Planting any tree, shrub, grass, or other growing thing, whether
permanent or temporary, within the public right-of-way
|
$50
| |
Constructing, placing, planting, or maintaining any structure,
embankment, excavation, tree, or other object, whether permanent or
temporary, adjacent to the public right-of-way which causes or may
cause an encroachment
|
$50
|
(2)
A cash deposit equal to the estimated cost of restoration, but not
less than $500 as a performance bond. Utility companies working under
an annual guarantee (bond) are not required to post the cash deposit.
(3)
A certificate of insurance specifically naming the Town of Dover
as additionally insured shall be provided to the Town of Dover, 37
North Sussex Street, Dover, New Jersey 07801, which meets or exceeds
the following coverage and includes the following information:
(a)
Workmen's compensation and employer's liability insurance:
the contractor shall take out and maintain during the life of this
contract adequate workmen's compensation and employer's
liability insurance for all employees employed in connection with
the work, and in case any work is sublet, the contractor shall require
each subcontractor similarly to provide workmen's compensation
and employer's liability insurance for the employees of the latter,
unless such employees are covered by the protection afforded by the
contract. Employee's liability insurance shall have limits not
less than $500,000 per accident, or for disease $100,000 per claim.
(d)
The policy number and period.
(e)
A description of work for which the certificate covers.
(f)
Name and address of insured.
(4)
Twenty-four-hour phone number for emergencies.
(5)
The name, telephone number, and mailing address (fax number, cell
phone, and e-mail address if available) of the person who will receive
all office correspondence from the Town of Dover.
(6)
Individual property owners performing work within the public right-of-way,
but outside the public street, shall be exempt from providing a performance
bond and workmen's compensation and employer's liability
insurance. All other insurance requirements shall be met.
D.
All applications shall include plans and details indicating the following:
(1)
Name of the street to be encroached and the nearest cross street.
(2)
Distance of proposed encroachment from the face of curb or edge of
pavement.
(3)
Distance of proposed encroachment from the intersection.
(4)
The size of the encroachment (length and width).
(6)
The location of any existing underground facilities and the location
of underground facilities to be installed showing:
(a)
Conduit vaults, maintenance holes, pipes, etc.
(b)
Structural detail and additional information for structures
to be installed such as vaults and maintenance holes.
(c)
The construction method of the structure to be installed.
(d)
Construction detail, location, size, design criteria and the
purpose of the facility to be installed.
(7)
Cross-section of a typical trench indicating:
(8)
The plan may show the approximate location of the encroachment provided
that on an as-built plan, the exact location of the encroachment is
shown. The as-built plan shall be submitted prior to the permit being
closed out.
(9)
A traffic control plan.
E.
All encroachment permit fees are due at the time the permit is issued.
These fees represent the value of staff time in processing a permit
application and are nonrefundable.
F.
If an account for an encroachment permit is past due or not in good
standing, a permit cannot be issued until the account is brought into
good standing. To bring the account to good standing, all fees and
fines must be paid.
G.
As a condition of the permit to excavate, the applicant shall provide
evidence the Underground Facility Protection Act, better known as
the "One Call Law," has been adhered to by calling the One-Call Center
(1-800-272-1000 or 811) and providing all the required information,
not less than three nor more than 10 business days before the start
of any excavation, by providing the date and confirmation number given
by the One Call Center. Work lasting more than 45 days from the date
of notifying the One Call Center will require additional One Call
notifications.
H.
Permittees and excavators shall pay close attention to the location
and alignment of all mark-outs while performing their work and hand
dig within two feet of mark-outs before using mechanized equipment.
(1)
Mark-out codes are as follows:
Electric
|
Red
| |
Gas, oil, dangerous materials, product and steam lines
|
Yellow
| |
CATV communication
|
Orange
| |
Water
|
Blue
| |
Sewer
|
Green
| |
Proposed excavation
|
White
|
I.
If an excavator damages other facilities during their excavation
work, the excavator will need an additional encroachment permit if
additional excavation and trenches are needed to repair the damaged
facility. The original permittee shall maintain the site and restore
the pavement and any affected signage or striping.
J.
Except in an emergency, encroachment permits shall be taken out at
least five business days in advance of excavation work. An emergency
is considered to exist only when life or property is endangered or
when an essential utility service is or may be interrupted during
weekends, holidays, or between 4:30 p.m. and 8:30 a.m. of normal working
days.
K.
In the event of an emergency, the excavator shall notify the Town
of Dover and apply for an encroachment permit for emergency work within
four hours after the Town of Dover's office opens.
L.
Pre-construction meeting:
(1)
A pre-construction meeting shall be held for all projects that are
scheduled to take longer than 15 working days to complete.
(2)
The owner, contractor, any other agency that is involved and the
Town of Dover shall attend this meeting.
(3)
For projects that are supposed to be completed within 15 days, and
are not completed within the allowed time, the Town of Dover may issue
notices of violation if a pre-construction meeting was not held.
(4)
The traffic control plan shall be approved prior to the pre-construction
meeting.
M.
Permit duration shall be indicated on the permit:
(1)
All permits shall include estimated start and completion dates. A
permit is valid from the construction start date specified on the
approved permit until the specified completion date.
(2)
Encroachment permits are not valid if other required permits are
not obtained or required notifications are not given.
(3)
No disruption of traffic is allowed after 4:00 p.m. and before 8:30
a.m. unless specifically approved and noted in the permit.
(5)
Permits expire and become void, unless otherwise amended:
(a)
Sixty days after the start date, if no work has begun.
(b)
If the work is not diligently proceeding and there are delays
of more than four working days after the work has started, unless
the delays are caused by weather or other circumstances beyond the
permittee's control.
(c)
When the encroachment, including the trench restoration, is
completed or on the date specified on the permit as the expiration
date.
(6)
The work is determined to be proceeding diligently if:
(a)
After a project begins, work continues on a regular basis, except
for weekends, holidays, inclement weather, labor disputes, or any
emergency beyond the control of the permittee.
(b)
The permittee ensures that all necessary materials and supplies
are on hand and ready for use so as not to delay the encroachment
and the prompt restoration of the public right-of-way.
N.
A valid permit may be extended by requesting an extension prior to
the expiration date by specifying the dates that need to be changed
and explaining the reason for the extension. The Town Engineer or
his designee reserves the right to deny a request for extension.
O.
If an application has been withdrawn or an approved permit is cancelled
prior to the start of work the applicant or permittee may request
a refund of the bond funds; all other permit fees are nonrefundable.
P.
By accepting an encroachment permit, the permittee and the owner
of the facility(ies) for which the permit has been issued agree:
(1)
To follow all laws, rules, regulations, and permit conditions.
(2)
To assure that their employees, contractors, and subcontractors,
comply with all laws, rules, regulations, and permit conditions.
(3)
To indemnify the Town of Dover against all claims for personal injury
or property damage that may arise in connection with the work.
Q.
The encroachment permit shall be available during work periods at
the encroachment site, until the project is completed and approved
by the Town Engineer or his designee. Permit(s) shall be shown to
the Town of Dover employees upon request.
R.
The excavator shall provide public notifications when excavating
in the street portion of the public right-of-way.
(1)
Minor projects lasting longer than 48 hours but less than 15 working
days shall provide eleven-inch-by-seventeen-inch posters with one-inch
minimum letters at the beginning and end of the project and every
300 feet between the beginning and the end of the project. Notes must
contain:
(2)
Major projects lasting 15 working days or longer, the excavator shall:
(a)
After the permit has been issued and at least five but no more
than 30 calendar days before the anticipated start date of work, mail
or deliver written notice to:
A.
Pavement shall be cut to a straight, neat, vertical line prior to
excavation.
C.
Every trench must be backfilled and topped with temporary asphalt
or covered by trench plates the same day. The Town of Dover may issue
notices of violation or pursue any other legal remedy if the trenches
are not properly covered or backfilled in a timely manner. Backfill
must meet the requirements of the details provided by the Town Engineer
or his designee.
A.
Trenches shall be backfilled within details provided by the Town
Engineer or his designee.
B.
When undermining occurs, remove existing pavement as required to
properly compact the backfill and restore the pavement.
C.
Compaction tests may be required at the direction of the Town Engineer
or his designee, and shall be certified by an independent laboratory
and submitted to the Town Engineer or his designee, who may require
the contractor to recompact and retest until the test results show
that proper compaction is being achieved.
A.
Excavations shall be milled and paved for the entire lane(s) width
of the excavation and/or disturbance for a minimum of 12 inches beyond
the limit of the excavation/disturbance, in accordance with details
provided by the Town Engineer or his designee.
(1)
To allow for proper placement of the new pavement section, damaged
pavement outside of the original trench cut lines shall be removed
by cutting in lines perpendicular to or parallel to the original trench
lines. No diagonal cuts are to be made. Undamaged pavement of three
feet or less between two damaged areas shall also be removed.
B.
Excavations in concrete streets shall be repaved with concrete. The
thickness of the new pavement shall be equal to the thickness of the
existing pavement with the minimum thickness to be six inches in the
roadway. Steel reinforcing shall be provided in accordance with Town
of Dover Standard Plans and Specifications.
C.
Trenches in streets shall be surfaced after properly backfilling
with not less than two inches of hot mix asphalt 9.5M64 surface course
over four inches of hot mix asphalt 19M64 base course over four inches
of dense graded aggregate base course.
D.
Final restoration by milling and paving shall be completed not sooner
than 30 days, not later than 90 days from the time the entire trench
is backfilled, unless delay is excused due to circumstances beyond
the contractor's control, such as inclement weather.
E.
On all streets, steel plates shall be used to facilitate traffic
flow and to protect the excavation until backfill and temporary pavement
is installed. Steel plates used to bridge a street opening shall be
ramped to the elevation on the adjacent pavement and secured against
movement in any direction. Temporary ramps shall be constructed of
asphalt in accordance with details provided by the Town Engineer or
his designee.
F.
All damaged pavement markings and striping shall be replaced and
restored in accordance with details provided by the Town Engineer
or his designee.
A.
Depressed trench pavement shall be repaired in accordance with details
provided by the Town Engineer or his designee.
B.
Work not in compliance with the above requirements shall be rejected,
removed, and redone by the permittee to the satisfaction of the Town
Engineer or his designee.
C.
The owner of the facility/utility company is responsible for any
roadway defects in the area over and adjacent to the trench appearing
after the permittee restores the trench. The owner is responsible
for maintenance, repair or reconstruction of the encroachment site's
affected area until the Town of Dover releases the required maintenance
bond.
D.
If there is a trench-related failure after the Town of Dover reconstructs,
repaves, or resurfaces the street, the owner of the facility/utility
company is responsible for its repair if the failure occurs within
the maintenance bond period.
E.
When the Town of Dover determines that an encroachment or a defect
is hazardous or constitutes a public nuisance or other imminent threat
to public health, safety, or welfare, the Town Engineer or his designee
may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs
immediately, the Town of Dover will make the repairs and:
(1)
The responsible party will be charged all the actual costs including
administration, construction, consultant fees, equipment, inspection,
notification, and remediation made necessary by the action or inaction
of the permittee.
(2)
The repair or restoration by the Town of Dover does not relieve the
responsible party from liability for future pavement failures.
(3)
If the responsible party fails or refuses to pay the restoration
cost, the Town of Dover may use any legal means to recover the costs,
including but not limited to property liens and/or court action.
A.
After the final inspection and prior to acceptance of the repaired
excavation by the Town Engineer or his designee, the permittee shall
post a maintenance bond equivalent to 15% of the value of the performance
bond. The maintenance bond shall be for a period beginning on the
date of the acceptance of the work by the Town Engineer or his designee
and terminating:
B.
Property owners performing sidewalk repair and/or replacement work
shall be exempt from providing a maintenance bond, but shall be responsible
for maintenance and repair of the work under the Town of Dover Property
Maintenance Code.
A.
Any person, firm or corporation violating any provision of this article
shall be subject to one or more of the following: a fine outlined
in the table below, a term of imprisonment not exceeding 90 days or
a period of community service not exceeding 90 days. This shall be
in addition to any other remedies available to the Town to enforce
this article.
Violations
|
Action/Fine
| ||
---|---|---|---|
1.
|
Working without a permit
|
Notice of violation, stop work, and apply and pay for the required
permit followed by a $750 fine if noncompliant within 7 days
| |
2.
|
Encroachment without providing public notice
|
Notice of violation and stop work followed by a $500 fine if
noncompliant within 2 days
| |
3.
|
Beginning a major project without having a pre-construction
meeting
|
Notice of violation followed by a $500 fine if noncompliant
within 2 days
| |
4.
|
Violation of permit conditions
|
Notice of violation followed by a $500 fine if noncompliant
within 2 days
| |
5.
|
Improper site protection: improper plating, path of travel,
barricading, etc.
|
Notice of violation followed by a $500 fine if noncompliant
within 1 day
| |
6.
|
No permit on site
|
Notice of violation followed by a $500 fine if noncompliant
within 1 day
| |
7.
|
Improper trimming of trench
|
Notice of violation followed by a $500 fine if noncompliant
within 2 days
| |
8.
|
Any trench left open after the allowed work hours that is not
backfilled and covered
|
Notice of violation followed by a $500 fine if noncompliant
within 1 day
| |
9.
|
Improper public notice: no notice sign, wrong information on
sign/notice
|
Notice of violation followed by a $500 fine if noncompliant
within 1 day
| |
10.
|
Noncompliance with trench restoration requirements
|
Notice of violation followed by a $500 fine if noncompliant
within 7 days
| |
11.
|
Improper housekeeping: failure to remove spoil, dirty site,
no sweeping, etc.
|
Notice of violation followed by a $500 fine if noncompliant
within 2 days
| |
12.
|
Other encroachment code violations
|
Notice of violation followed by a $500 fine if noncompliant
within 2 days
|
B.
Suspension.
(1)
Whenever the Town Engineer or his designee finds that a suspension
of an encroachment permit is necessary to protect the public health
or safety from imminent danger, the Town Engineer or his designee
may immediately suspend any such permit pending a hearing for remedial
action or revocation. The Town Engineer or his designee shall, within
three working days of the emergency suspension, give a written notice
of such suspension to the permittee, by personal service or by first-class
mail, postage prepaid, to the last known address of the permittee.
The permittee may, within 15 days after service of such a written
notice of suspension, file with the Town of Dover Administrator a
request for hearing regarding the suspension. The Town of Dover Administrator
or his or her designee shall schedule a hearing on the suspension
within five working days of receipt of a request for hearing. If the
Town of Dover Administrator or his or her designee, after the hearing,
finds that the public health or safety requires correction or alteration
of any condition caused by, or existing on the site of the encroachment,
he or she shall issue one or more of the following:
(a)
An order to correct any particular noncompliance.
(b)
A revocation of the encroachment permit.
(c)
A continued suspension of the encroachment permit, until such
time as the dangerous condition is corrected.
(d)
A modification or reinstatement of the encroachment permit,
with conditions as necessary to prevent harm to the public.
(2)
The Town of Dover Administrator or his or her designee shall,
within 10 days of the hearing, render a written opinion, stating the
findings upon which the decision is based, and the action taken. The
decision of the Town of Dover Administrator or his or her designee
shall be final, except a decision to revoke the permit which may be
appealed to the Town of Dover governing body.
C.
Revocation.
(1)
The Town Engineer or his designee may recommend that the Town
of Dover Administrator revoke a permit where he or she finds that:
(a)
The permittee has violated any provision of this Code or conditions
of the permit; or
(b)
The permittee has failed to pay any required fees, or to post
or maintain any bond or insurance required by this chapter; or
(c)
The encroachment for which the permit was granted adversely
affects the safety, capacity, or integrity of the Town of Dover's
public right-of-way or increases the Town of Dover's liability
exposure; or
(d)
The encroachment is causing the Town of Dover to incur substantial
additional maintenance costs; or
(e)
Material misrepresentations, omissions, or inaccuracies were
made in the application for the permit.
(2)
The Town Engineer or his designee shall give the permittee at
least 10 days' written notice of a hearing before the Town of
Dover Administrator or his or her designee on the proposed revocation
of a permit issued pursuant to this chapter, setting forth the grounds
for such action. If, after reviewing all evidence presented before
or at the public hearing, the Town of Dover Administrator or his or
her designee makes any one of the five findings set forth above, he
or she may revoke the permit. The Town of Dover Administrator or his
or her designee shall, within 10 days after the close of the hearing,
render a written opinion, stating the findings upon which the decision
is based, and the action taken. The decision of the Town of Dover
Administrator or his or her designee may be appealed to the Town of
Dover governing body.