[Adopted 6-13-1963 by Ord. No. 8-63]
The short title of this article shall be the
"Road Opening Ordinance of the Township of Hanover."
[Amended 7-11-1991 by Ord. No. 16-91; 4-8-2010 by Ord. No. 12-10]
It shall be unlawful for any person, firm, corporation or municipal or public utility to make an excavation or place any form of construction in, over or upon any public road or street under the control of the Township of Hanover, or otherwise endanger or obstruct the normal flow of traffic or normal flow of surface water by the placing of any barricade, structure, material or equipment not normally designed to be operated, placed or used on the public highway without first obtaining a written permit, approved by the Township Engineer, which shall be issued by the Township Clerk upon payment of a fee as provided in Chapter 125, Fees, of the Code of the Township of Hanover, and other required considerations. Copies of the permit shall be submitted to the Chief of Police and the Superintendent of Public Works, Buildings and Grounds and Park Maintenance. The Chief of Police shall notify the Fire Department of the pending road opening.
[Amended 7-11-1963 by Ord. No. 16-63; 10-22-1998 by Ord. No.
26-98]
A.
Certificate of insurance.
(1)
Before any contractor, municipal or public utility,
person, firm or corporation is issued a street opening permit, the
applicant in question shall submit to the Township Engineer or his
designee an original certificate of insurance naming the Township
of Hanover and Hanover Sewerage Authority (Authority), their officers,
consultants, employees and agents as additional insureds. The certificate
of insurance shall provide evidence that the following insurance coverages
are maintained by the applicant:
(a)
Comprehensive general liability insurance in
minimum limits of $3,000,000 for bodily injury and $3,000,000 for
property damage. Coverage must include the following:
(c)
Worker's compensation. Coverage A, statutory;
and Coverage B, $100,000 each accident; $500,000 policy limit and
$100,000 each employee.
(2)
In addition, the indemnification statement set forth in Subsection B below shall be typed on the back of the certificate of insurance.
(3)
The certificate, in form satisfactory to the Township,
shall also state that the coverages listed on the certificate shall
not be changed or canceled until 30 days written notice has been served
on the Township through the Business Administrator/Township Clerk.
B.
______________________ (insert name of contractor
or utility) agrees that to the fullest extent permitted by law shall
defend, indemnify and hold harmless the Township of Hanover and Hanover
Sewerage Authority, their officers, consultants, employees and agents
for any construction, excavation work, maintenance or repair in, over
or upon any Township road right-of-way, street or easement performed
on behalf of itself and from and against any and all claims, suits,
judgments and demands whatsoever, including, without limitation, cost,
litigation expenses, counsel fees and liabilities with respect to
injury to or death of any person or persons whatsoever, or damage
to property of any kind by whomsoever owned, arising out of or caused,
or claimed to have been caused, in whole or in part, by the acts or
omissions of _______________________ (insert name of contractor or
utility) in the performance of the street opening operations, or to
any other person directly or indirectly employed by the contractor/utility
while engaged in the performance of the work, services or activities
associated therewith or related thereto. Nothing herein shall be construed
to be a promise or agreement to indemnify or hold harmless the Township
against the Township's sole negligence. Furthermore, it is understood
that the liability of the Township is expressly limited by the provisions
of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. The Contractor/Utility
is thereby required, in the processing of any claims for indemnification
or defense, to be in strict compliance with the provisions of the
Act.
[Amended 4-8-2010 by Ord. No. 12-10]
Road openings required under Hanover Township
Committee contracts and openings performed by the Township Public
Works, Buildings and Grounds and Park Maintenance Department are exempt
from these permit requirements.
Where roads are maintained by the State of New
Jersey or the County of Morris, the opening from the face of the curb
or the edge of the pavement to the property line will be performed
under the jurisdiction of the Township of Hanover, and all provisions
of this article are applicable. The provisions of this article are
not applicable to the traveled roadway, shoulders or pavement between
curbs which are maintained by the State of New Jersey or the County
of Morris. Permission to open state or county roads must be obtained
from the political agency having jurisdiction.
A.
Application for such permit shall be made on forms
obtained at the Municipal Building in said Township. Said permit shall
indicate the date upon which the operation will start and the date
upon which it will be completed. If the contemplated operation will
completely obstruct any thoroughfare or make inaccessible to vehicular
traffic a length of more than 200 feet of any thoroughfare for a period
in excess of 24 hours, then a period of not less than 72 hours shall
elapse after the issuing of the permit before the operation may be
started, and the person, firm, corporation or municipal or public
utility to whom such permit is granted shall post conspicuous signs,
in accordance with the provisions of Title 39 of the Revised Statutes
of New Jersey, with amendments thereof and supplements thereto, at
or near the site of the operation, setting forth that the thoroughfare
will be closed and the date, the reason for and the duration of such
closing.
B.
Permission to make an opening or tear up the surface
of a road does not carry with it any right to make drainage, sewer,
water, gas, oil, steam, electric or telephone connections. A separate
permit to make such connections must be obtained from the proper officials
having jurisdiction.
Unless otherwise approved by the Township Engineer,
where an excavation is to extend the full width of the road, only
1/2 of the excavation shall be made at one time and shall be properly
backfilled before the other half is excavated.
Pavement cuts and road openings will be permitted and made during daylight hours only. No road openings will be permitted or made on Sundays. The above working hours do not apply where emergency road openings are required as outlined in § 248-17 of this article.
A.
Where water or gas installations require services
of existing users to be terminated, such utility shall notify such
users of the period of time when the services will not be available.
Such notice shall be given at least 24 hours prior to the interruption
of service.
B.
Occupants of abutting properties shall be notified
prior to any pavement cut or excavation for a proposed road opening.
The notice shall be on forms furnished by the Township and shall state
the time, date and location of the road opening. The applicant shall
deliver the notice to all residents of abutting properties. Where
residents are more than 200 feet from the proposed road opening, such
notice is not necessary.
Street openings may be made without the necessity of a written application as provided for in § 248-13A hereof in emergencies, such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided that notice thereof shall be immediately given verbally to the Chief of Police. Written application for a permit shall nevertheless be made to the Township as soon as may be convenient, but in any event within 48 hours.
A.
Unless authorized and permitted otherwise, no person, firm, corporation or municipal or public utility shall be granted a permit to open any street until and unless there shall be deposited with the Township Clerk an inspection fee as provided in Chapter 125, Fees, of the Code of the Township of Hanover, and an amount sufficient to pay the expenses of maintaining and replacing such public road or other surfaces or appurtenances within the street area as may be determined by the Township Engineer. Said work shall be done by the Township and under the direction of the Township Engineer. The minimum deposit with the Township shall be as provided in Chapter 125, Fees, from which deposit the expenses for the maintenance and repair of the replacement shall be deducted. After the replacement is made and the cost of said replacement is tabulated (labor, material costs and equipment), any balance will be refunded by the Township of Hanover to the permittee.
B.
Where the deposit for the replacement of streets as
a result of openings may be greater than $500, the Township Engineer
shall determine what amount of the replacement costs shall be posted
by the applicant for the permit in cash and what amount may be satisfied
by way of a surety bond guaranteeing the applicant's obligation to
replace and restore the pavement as required in the permit issued
by the Township of Hanover. The maintenance and replacement and all
work pertaining to such openings shall be performed and paid for by
the person, firm, corporation or municipal or public utility to which
the road-opening permit was issued. And, in addition, the Township
Engineer may assess the person to whom the road-opening permit is
issued reasonable inspection fees incurred by the Township in connection
with the inspection to be performed under the road-opening permit.
[Amended 6-11-1981 by Ord. No. 17-81]
C.
When the extent of the road opening cannot be shown
on the application provided by the Township, the permittee shall submit
such plans and specifications as may be required by the contents of
this road opening article, in duplicate, which plans shall indicate
the extent of the work within Hanover Township. The Township may assign
an inspector to ensure that, during pavement cut and excavation, such
underground structures or facilities are adequately protected and
to ascertain that the specifications herein set forth are complied
with. Such inspection shall be made at the expense of the person,
firm, corporation or municipal or public utility filing a bond for
a road-opening permit. The Township Engineer shall estimate the cost
of such inspection, and this fee shall be deposited with the Township
Clerk before a permit is issued.
D.
The filing of such bond shall not relieve any person,
firm, corporation or municipal or public utility of the necessity
of securing a permit and complying with all of the terms and conditions
of this article.
E.
Upon the completion of the street opening and replacement
of pavement in a manner satisfactory to the Township Engineer, the
permittee shall be required to guarantee the replacement work for
a period of two years after completion by posting cash or a maintenance
bond by a surety company authorized to do business in the State of
New Jersey in an amount equal to that which has been estimated by
the Township Engineer to be the total cost of the replacement work.
The Township reserves the right to waive or modify this requirement
in those instances where New Jersey Bell Telephone Company, Public
Service Electric & Gas Company and Jersey Central Power &
Light Company are maintaining continuous maintenance and performance
bonds with the Township to guarantee replacement work in connection
with road-opening work done by them.
[Added 11-12-1981 by Ord. No. 30A-81]
A.
Pavement cuts will not be permitted on newly constructed or new bituminous-concrete-surfaced roads for a period of five years, except in emergencies or upon payment of a penalty charge. The penalty charge for a pavement cut in a newly paved or new bituminous-concrete-surfaced road during the first year shall be $500, during the second year shall be $400, during the third year shall be $300. during the fourth year shall be $200 and during the fifth year shall be $100, and after the fifth year the requirements of this article shall prevail. The above penalties are in addition to the provisions of § 248-17 of this article and the penalty, permit fee and costs shall be deposited with the Township Clerk prior to the issuance of a road-opening permit.
B.
The Township Committee, acting through the Township
Clerk, shall endeavor to notify all property owners along any street
which is planned to be newly constructed or which is to be newly surfaced.
The notice shall contain the proposed date of such construction or
surfacing and shall call to the attention of such owner or owners
the provisions of this section and shall request that, if they anticipate
installing utility connections in the street or the doing of any other
work requiring the cutting of the pavement, such installations or
other work should be done prior to the proposed construction or repaving.
The notice shall be addressed to the property owner at the address
listed on the rolls of the Tax Collector of the Township and shall
be sent at least three months prior to the proposed date for the commencement
of construction or paving; provided, however, that the failure to
give such notice shall not affect the validity of the penalty provisions
of this article.
C.
Unless otherwise directed by the Township Engineer,
the following specifications shall govern the backfill to be placed
in excavated trenches:
(1)
All road, shoulder and driveway openings shall be
backfilled with a bank-run gravel.
(2)
All other openings shall be backfilled with the excavated
material and shall be tamped with twelve-inch layers with a mechanical
tamper.
(3)
Backfill shall be placed in trenches. as above-specified,
by the person, firm, corporation or municipal or public utility making
the opening.
(4)
All material not suitable for backfill and all excess
backfill material shall be removed from the site by the person, firm,
corporation or municipal or public utility responsible for the opening.
[Amended 7-11-1991 by Ord. No. 16-91; 7-10-2014 by Ord. No. 33-14]
Upon completion of the opening and backfill as specified and
upon the Township's being notified of the same, the following specifications
shall govern the maintenance and repair of street openings by the
Township or by the permittee, as the case may be:
A.
Shoulder openings shall be backfilled to within eight inches of the
existing shoulder surface. The remainder of the trench shall be filled
with six inches of two-and-one-half-inch stone and all voids with
stone dust. When authorized, an approved shoulder stone may be used
as an alternate for the macadam base. The remainder of the opening
over the macadam base will be filled with the shoulder stone and tamped
or rolled with equivalent five- to ten-ton roller or an equivalent
approved by the Township Engineer. The above trench shall be maintained
and kept to the existing shoulder grade by the addition of shoulder
stone as required. Shoulder openings are herein defined as openings
within the street, any part of which are adjacent to or within three
feet of the existing pavement.
B.
Pavement openings shall be filled and paved as specified hereinabove
for shoulder openings, except that, in place of the shoulder stone
used to fill in the remainder of the openings, bituminous concrete
Type A shall be used. When, in the opinion of the Township Engineer,
settlement in the pavement opening has ceased, the bituminous-concrete
surface shall be removed, and the existing pavement shall be cut back
to a sharp line one foot on each side of the opening. After surfaces
of the existing pavement are tack coated with an asphalt oil, the
entire area shall then be filled with bituminous concrete Type A or
FABC No. 1 and rolled to present an even riding surface. Pavement
openings are herein defined as openings within the traveled roadway
or between curbs where curbs exist on a street. Pavement openings
shall be filled and paved the full width of the entire lane in which
the opening occurs.
C.
Driveway openings shall be replaced in kind, and the appropriate
specifications for shoulder openings or road openings shall govern
the replacement of the same.
If, in the opinion of the Township Engineer,
conditions are such as to require sheathing, the applicant, at his
expense, will install such sheathing as may be required upon order
of the Township Engineer.
[Amended 10-22-1998 by Ord. No. 26-98; 7-10-2014 by Ord. No. 33-14]
A.
It shall be the responsibility of the person, firm, corporation or
municipal or public utility opening any thoroughfare, or otherwise
endangering or obstructing the normal flow of traffic or normal flow
of surface water thereon, to fully protect both vehicular and pedestrian
traffic from possible accident or injury by the placing of suitable
barriers, crosswalks, notices, warnings and/or caution signs by day
and flares and flashing lights at night, in accordance with the provisions
of Title 39 of the Revised Statutes of New Jersey, with amendments
thereof and supplements thereto. The Chief of Police will determine
the adequacy of such protection.
B.
The person, firm, corporation or municipal or public utility opening
any thoroughfare, or otherwise endangering or obstructing the normal
flow of traffic or normal flow of surface water thereon, must also
post a sign stating "temporary construction work," and including on
the sign the name of the utility and its phone number. The sign may
only be removed upon completing the final top course of the roadway.
C.
Any contractor, municipal or public utility, person, firm or corporation
performing any street opening and excavation work in, over or upon
any public road right-of-way or easement shall be totally responsible
in providing safe working conditions for its employees and the public.
These conditions include but are not limited to trench safety and
confined space entry. The contractor/utility shall comply with all
Occupational Safety and Health Administration (OSHA) requirements.
Furthermore, contractor(s) shall comply with all applicable laws,
statutes, ordinances and regulations, including, without limitation,
all applicable provisions of federal and New Jersey State labor laws.
In order to comply with the Township's confined space entry requirements,
the contractor/utility must have at a minimum a permit required confined
space program in conformance with the requirements of 29 CFR 1910.146,
including but not limited to procedural operations, trained employees
and specialized equipment. Township and Authority personnel will not
supervise or direct the work of contractor personnel. Observation
of the work by Township or Authority personnel is solely to determine
the adequacy of construction and is not intended to and shall not
include the review of the adequacy of contractor safety measures in,
on or near the work site.
[Added 6-11-1981 by Ord. No. 17-81]
In order to ensure the proper flow of traffic
during the period of construction involving the opening of any Township
road, the Township Engineer may fix the hours during which excavations,
replacement or similar construction activities may occur on or in
streets maintained by the Township of Hanover and may specify what
steps the applicant for a road-opening permit must take to ensure
the proper and safe flow of traffic during the period of construction.
A.
The Township Engineer is hereby designated the enforcement
officer to enforce the provisions of this article and is the agent
acting for the Township Committee of the Township of Hanover in connection
herewith. However, this provision shall not be construed as depriving
members of the Police Department of the power to prosecute violators
hereof.
B.
When authorized and permitted by the governing body
of the Township of Hanover, deviations from the requirements of this
article shall not relieve the Township Engineer of the jurisdiction
and authority to supervise the making of pavement cuts and the restoration
of the pavement.
[Amended 7-11-1991 by Ord. No. 16-91]
Any person, firm, corporation or municipal or
public utility violating this article shall be subject, upon conviction,
to a fine of not more than $1,000 or to imprisonment for not more
than 90 days, or both, at the discretion of the Judge imposing the
same.
Failure to comply with any provision of this article may deprive a subsequent applicant of the bond provisions of § 248-18B of this article.
