No person, business or corporation shall dig
up, break, tunnel, undermine, disturb, or in any manner excavate any
Township street, road, right-of-way, sidewalk, curbing, or public
easement, or make or cause to be made any excavation in or under the
aforementioned areas for any purpose or place, or deposit, or leave
in any of the aforementioned areas any earth or other excavated material
obstructing or intending to interfere with the free use of same unless
such person shall first have obtained an excavation permit therefor
from the Township Clerk as hereinafter provided. Openings may be made
without the necessity of filing a written application and obtaining
an excavation permit only in emergencies, such as a broken or frozen
water main, gas leak, or other happening which would endanger public
life, health and safety; provided, however, that notice thereof shall
be immediately given verbally to the Township Engineer, Superintendent
of Public Works or Police Department, and written application in accordance
with this chapter shall be made within 48 hours.
No excavation permit under this chapter shall
be issued until the person, business or corporation seeking such permit
shall have first done the following:
A.
Made a written application for the issuance of such
permit submitted to the Township Clerk, signed by the person making
the application or by a duly authorized agent, and containing the
following information:
(1)
Name, address and telephone number of the person for
whom the work is to be performed.
(2)
Name, address and telephone number of the person performing
the work.
(3)
Location of the work area, including a map or sketch.
(4)
An outline or plan describing the work to be performed.
(5)
Number of square yards of surface to be opened.
(6)
Cubic content of material to be excavated.
(7)
Type of surface to be removed or disturbed.
(8)
Cubic content of material to be burrowed.
(9)
Date and time of commencement and estimated date of
completion with an agreement by the applicant to refill or resurface
the opening or excavation so that the street surface shall be restored
to the same condition, or better, in which it was before.
(10)
The types of proposed traffic control devices
and procedures to be utilized for the project, which devices and procedures
shall be in conformity with the guidelines set forth in the Manual
of Uniform Traffic Control Devices, current edition, hereinafter called
the "Manual."
(11)
The names and telephone numbers of at least
two persons responsible on a twenty-four-hour call basis to handle
emergency repairs for the contractor.
B.
An application fee, which shall be nonrefundable, and a permit fee shall be paid to the Township of Little Egg Harbor before any permit is granted under this chapter. The application fee shall be $125 and the permit fee shall be $100 for the first 100 liner feet of opening and $50 for each successive 100 liner feet of opening thereafter, or portion thereof. In no case shall a permit be issued until the fees, the guarantees required by Subsection C below, and proof of insurance required by Subsection D below have been received by the Township.
[Amended 12-9-2021 by Ord. No. 2021-25]
C.
In the case of openings more than 16 square feet and
four feet deep, the applicant must furnish to the Township a cash
or surety bond, in an amount to be calculated by the Township Engineer,
to guarantee that the opening or trench made by the permittee will
be closed properly. Upon completion of the work in a satisfactory
manner, the bond or cash surety will be released in return for a maintenance
bond or cash guarantee that the road, street, or highway over the
same will remain in good condition for at least one year after the
closing by the permittee. The minimum amount of each maintenance bond
shall be 25% of the amount of the cash or surety bond, but shall not
be less than $500. A utility company may, in lieu of giving a separate
maintenance bond on each project, annually, once in January of each
year, give the Township such a bond for $5,000; provided that when
the total linear footage of openings or trenches made by such utility
company reaches 5,000 feet, such utility company may give either an
additional bond or deposit cash security in an amount equivalent to
$1 per foot of length of additional openings or trenches it desires
to make in that calendar year.
[Amended 12-9-2021 by Ord. No. 2021-25]
D.
Deliver to the Township satisfactory proof of insurance
in the minimum amount of $1,000,000 per person, and $3,000,000 per
occurrence, insuring the permittee and the Township against liability
for injury or loss sustained by any person or persons as a result
of the acts of commission or omission of the permittee, or any servants,
agents or employees of the permittee.
E.
In the case of openings more than 16 square feet and four feet deep,
the applicant must furnish to the Township escrow inspection fees
so that the roadway restoration work may be inspected by the Township
Engineer. The inspection escrow shall be 5% of the calculated bond
amount, but not less than $500.
[Added 12-9-2021 by Ord. No. 2021-25]
F.
The Township
Engineer shall review the application for a road opening permit and
make a determination of completeness within 30 days of submission.
An application will be deemed complete when the information required
by this chapter, inclusive of the nonrefundable permit application
fee, have been received by the Township and approved for administrative
completeness by the Township Engineer. In the event an application
is deemed incomplete, the permit will be considered denied. If resubmitted
within 90 days, all previously paid fees will be credited. In no case
shall a permit be issued without compliance with this chapter.
[Added 12-9-2021 by Ord. No. 2021-25]
G.
Within
30 days of the Township Engineer's determination that the application
is complete, the Township Engineer shall review submitted materials
for technical compliance with these regulations and shall advise the
Township Clerk, who will issue a permit, issue a permit with conditions
deemed to be reasonably necessary to carry out the purposes of this
chapter, (i.e., a conditional permit subject to submission of further
documents specifically required by this chapter) or decline to issue
a permit consistent with the requirements of this chapter.
[Added 12-9-2021 by Ord. No. 2021-25]
A.
In the case of all openings larger than 16 square
feet and four feet deep, the application shall be forwarded to the
Township Engineer for review as to whether or not a permit should
be issued. If it is recommended by the Township Engineer that a permit
be issued, the Township Clerk will issue same and forward the money
tendered with the application and permit fee to the Township Treasurer
for deposit. If the permit is denied, then the Township Clerk shall
retain the application fee and notify the applicant in writing no
later than five days after the action of the Township Engineer regarding
the application.
B.
In addition, every opening and all excavations, backfilling
or grading shall be done by the person to whom any permit is issued.
Such person shall give at least 72 hours' written notice to the Township
Engineer prior to the commencement of any work.
C.
All work shall be performed and completed in such
a manner as to cause a minimum of interference with travel on the
street affected. No street shall be closed to traffic unless the closing
is approved by the Chief of Police. Street and/or traffic lanes approved
for closure to traffic must be closed and then reopened at the times
specified in the application, with no deviations permitted. The Police
Department shall be informed in writing of all street closings at
least 24 hours in advance, except where the work is of an emergency
nature, in which case notice shall be given to the Police Department
when work commences.
D.
Construction work will be permitted only during the
hours and times specified on the application and in accordance with
municipal ordinances which regulate the times of construction work.
The Township Engineer or Public Works Superintendent must approve
emergency situations or work required beyond the permitted time.
When the Township shall improve or pave any
street, the Township Clerk shall first give notice by certified and
regular mail to all persons owning property abutting on the street
about to be paved or improved, and to all public utilities and authorities
operating in the Township, and all such persons, utilities, and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation or disbursement of the street, within 90 days
from the provision of such notice. The time shall be extended if permission
is requested in writing and approved by the Township Engineer.
A.
No permit shall be issued by the Township Clerk to
any person which would allow an excavation or opening in a street
surface which was paved or improved less than three years prior to
the date of the application, unless the applicant can clearly demonstrate
that public health or safety requires that the proposed work be permitted
or unless an emergency condition exists.
B.
In such cases, the applicant shall make the request
for a waiver of the permit moratorium in writing to the attention
of the Township Engineer, Superintendent of Public Works, and Township
Administrator. The request may be approved upon the affirmative vote
of two of said officials.
A.
Whenever an opening is made in a paved road, the surface
pavement shall be cut with a pavement cutter no wider than one foot
outside of the proposed excavation. Where paved sidewalks and gutters
or curbing are to be crossed, they shall in no case be removed, but
the work shall be done by tunneling beneath them. The work shall be
so conducted as to not interfere with the water, sewer, or gas mains
or any connections with any building or structure until permission
of the proper authorities shall have been obtained. All rock within
five feet of any water, sewer, or gas main or other pipe, which may
be damaged thereby, shall be removed without blasting. No excavation
that will damage trees or shrubbery shall be made without the approval
of the Township Engineer.
B.
Where 20% or more of the existing pavement surface
has been destroyed or disturbed, final paving shall consist of a two-inch
mill and overlay of the entire width of the pavement surface with
hot mix asphalt 9.5M64 surface course. The applicant shall submit
to the Township a full survey of the area in question along with a
proposed roadway grading plan confirming that there shall be no ponding
of runoff following the roadway paving. The roadway paving shall be
designed in accordance with NJDOT Standard Specification for Road
and Bridge Construction (latest edition), the Residential Site Improvement
Standards, and Township Ordinance. The applicant shall, as necessary,
replace driveway aprons to meet the proposed roadway elevations at
the edge of pavement.
[Amended 12-9-2021 by Ord. No. 2021-25]
(1)
Where
a longitudinal trench is installed on one side of a roadway and is
less than 20% of the existing pavement width, and longer than 50 feet
in length, final paving shall consist of a two-inch mill and overlay
of that half of the roadway from the edge of pavement to the roadway
centerline with hot mix asphalt 9.5M64 surface course.
(2)
Where
a road opening limit is within two feet of the existing roadway edge,
the final pavement restoration shall include replacement of the full
pavement section (six-inch D. G.A., three-inch HMA 19M64 and two-inch
HMA 9.5M64) from the edge of the trench to the edge of the roadway
as part of the final trench pavement restoration.
C.
All pavement openings for which any permit is granted
shall be replaced by the permittee by a temporary pavement of five
inches of LIMA 19M64 base course immediately after filling, flush
with the adjacent pavement. Permanent pavement is to be restored by
the permittee no less than 30 days nor more than 60 days after opening
is made, unless this time is extended by the Township Engineer, depending
on the road and weather conditions. Once work is complete except for
permanent paving, the applicant shall maintain the trench/ opening
and regrade the subgrade or fill in with additional asphalt as required
until final paving is installed.
[Amended 12-9-2021 by Ord. No. 2021-25]
D.
In the event of a snow or ice storm, the permittee
will be required to take whatever steps the Chief of Police and Superintendent
of Public Works deem necessary to secure the traveled way for snow
removal operations. At the first sign of precipitation, all work on
the shoulders and traveled way shall stop and they shall be cleared
of all dirt, etc., and then backfilled so as not to interfere with
Township snow operations until the weather permits resumption of work.
E.
The permittee shall maintain the trench and regrade
the subgrade as required until final paving is installed. In case
the work has not been completed before the day of expiration as shown
in the permit and the permittee has not requested an extension of
time, the Superintendent of Public Works may, if he or she deems it
advisable and necessary, take steps to backfill the trench and replace
a permanent pavement over the opening for which the permit has been
issued, and if any extension of time beyond said date is needed for
the completion of work, a new application must be filed if required
by either the Township Engineer or the Superintendent of Public Works.
F.
The restoration of the opening or trench shall be
maintained for one year after completion.
G.
In the event that the proposed excavation or opening
is to extend across the entire width of a public street, no more than
1/2 of the traveled road surface shall be opened at any one time and
such half shall be backfilled before the other half is opened. No
excavation within and/or immediately adjacent to roadways available
to traffic shall remain open after the hour of 5:00 p.m., nor over
any weekend or holiday, unless special permission has been granted
by the Township Engineer.
H.
The excavation and all piles of excavated material,
or any stored material to be used in the work to be performed, shall
be carefully marked with barriers complete with appropriate warning
devices that shall conform to the Manual. The permittee shall take
appropriate measures to assure that during the performance of the
excavation work, traffic conditions shall be maintained at all times
so as to minimize inconvenience to the public and to the occupants
of the adjoining property, and to assure the passage of emergency
vehicles including first aid, fire and police.
I.
During the hours of actual operation, construction,
excavation or other work at the site, the permittee shall maintain
and have in attendance at least one flag person who shall be responsible
for the flow of traffic to assure safe passage of vehicles in both
directions and to avoid traffic hazards during the use of heavy equipment.
When traffic conditions permit, the Chief of Police (or his or her
duly authorized representative) may, by written approval, permit the
closing of municipally-owned streets to all traffic for a period of
time prescribed by the Chief if, in the Chief's opinion, it is necessary.
Such written approval shall require that the permittee give notification
to various agencies, first aid and fire companies, and to the general
public. In such cases, such written approval shall not be valid until
such notice is given. Warning signs shall be placed far enough in
advance of the street, and cones or other approved devices shall be
placed to channel traffic, in accordance with the instructions of
the Chief of Police of the Township.
J.
The permittee shall maintain safe crossings for two
lanes of traffic at all intersections where possible, and safe crossings
for pedestrians at intervals not more than 300 feet.
K.
No work may commence before markout by the appropriate
agencies. Right-of-way or property monuments and/or markers, traffic
control devices and other public entity maintained devices in the
right-of-way shall not be removed or disturbed unless permission to
do so is first obtained in writing by the Township Engineer.
L.
No person shall divert or pump surface or other waters
onto or across Township roads or do any act upon property abutting
Township roads resulting in the flow or spill of water from the property
across the Township roads. No dewatering equipment, well, points,
or piping shall occupy the traveled portions of roadways unless specifically
approved and adequately protected to the satisfaction of the Township
Engineer.
M.
Effluent from dewatering systems shall be discharged
in such a manner that erodible soils are not adversely affected. All
silt and sediments being carried in the dewatering effluent must be
intercepted prior to effluent discharge into any drainage system through
use of a sedimentation basin designed to allow retention of discharge
for sufficient time to render such waters free of suspended silt and
sediments. The use of screening devices in lieu of a sedimentation
basin must receive specific approval and be employed only for minor
flows.
N.
The permittee shall not interfere with any existing
utility without the written consent of the utility owner. If it becomes
necessary to relocate an existing utility, this shall be done by the
owner. No utility owned by the Township or any authority shall be
moved to accommodate the permittee unless the cost of such work be
borne by the permittee. The cost of moving a privately owned utility
shall be similarly borne by the permittee unless the permittee makes
other arrangements with the person or persons owning the utility.
The permittee shall support and protect by methods approved by the
Township Engineer, all pipes, conduits, poles, wires and other apparatus
which may be in any way affected by the excavation work, and do everything
necessary to support, sustain and protect them under, over, along
and across the work. The permittee shall secure approval of method
of support and protection from the owner of the utility in case any
of the pipes, conduits, poles, wires or apparatus should be damaged,
and for this purpose pipe coating or other encasement of devices are
to be considered as part of a substructure, the permittee shall promptly
notify the owner thereof. All damaged utilities shall be repaired
by the agency or person owning them and the expense of such repairs
shall be charged to the permittee. It is the intent of this subsection
that the permittee shall assume all liability for damage to utilities
and any resulting damage to or injury to anyone because of such utility
damage and such assumption of liability of a contractual obligation
of the permittee. The only exception will be such instances where
damage is exclusively due to the negligence of the owning utility.
The Township shall not be made a party to any action because of this
section.
A.
All material excavated from trenches and piled adjacent
to the trench or in any street shall be piled and maintained in such
manner as not to endanger those working in the trench, pedestrians
or users of the streets, and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, the Township Engineer
shall have the authority to require that the permittee haul the excavated
material to a storage site and then rehaul it to the trench site at
the time of backfilling. It shall be the permittee's responsibility
to secure the necessary permission and make all necessary arrangements
for all required storage sites. However, if material requires disposal,
the permittee shall dispose of all excavated materials at an approved
location for this purpose. In its application, the permittee shall
also describe in detail the location where any and all excavated materials
shall be disposed of and provide written documentation that the proposed
location for disposal is an approved location for this purpose. If
said location is a landfill, the permittee shall provide proof that
said landfill is registered and licensed to accept such material.
B.
All material excavated shall be laid compactly along
the side of the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic, or as
specified by the Superintendent of Public Works or the Township Engineer.
Whenever necessary, in order to expedite the flow of traffic or to
abate the dirt or dust nuisance, toe boards or bins may be required
by the Township Engineer to prevent the spreading of dirt into traffic
lanes. Further, no person shall place any material on or along any
Township road, gutter, or shoulder resulting in any stoppage of drainage
along the road or roads.
C.
Any and all material excavated and stored or piled
at or near any intersection, driveway or other access roads or alleys
shall be so stored and piled as to provide an adequate line of site
for those persons entering and exiting the intersection streets, alleys
or driveways, which line of sight shall provide a minimum of 150 feet
visibility.
D.
The permittee shall completely backfill the excavation
and replace as great a portion as possible of the material excavated,
compacting it by flushing, tamping or other suitable means, and supply
additional material where there is a deficiency. Whenever the Township
Engineer shall deem the material unsatisfactory for backfill, the
permittee shall backfill the trench with sand, or other acceptable
material compressed as required, and shall remove all excess material
from the premises. If tamping alone is employed, the material shall
be placed in layers not exceeding six inches in thickness, moistened
as directed, and each layer adequately tamped until thoroughly compacted.
E.
Where excavations are made in tunnels beneath concrete
pavement or beneath a pavement having a concrete base, the tunnel
shall be backfilled with concrete composed of one part of cement,
two parts of sand, and five parts of broken stone or washed gravel,
or another approved material, tamped into place so that the cavity
is completely filled.
F.
As the excavation work progresses, all streets shall
be thoroughly cleaned of all rubbish, excess earth, rock and other
debris resulting from such work. All cleanup operations at the location
of such excavation shall be accomplished at the expense of the permittee
and shall be completed to the satisfaction of the Superintendent of
Public Works. From time to time, as may be ordered by the Superintendent
of Public Works, and in any event immediately after completion of
the work, the permittee shall, at its own expense, clean up and remove
all refuse and unused materials of any kind resulting from the work,
and upon failure to do so within 24 hours after having been notified
to do so by the Superintendent of Public Works, the work may be done
by the Superintendent of Public Works and the cost thereof charged
to the permittee. The permittee shall also be liable for the cost
thereof under the surety provided hereunder.
G.
After the backfilling of the opening or trench has
been completed as above specified, the restoration of the pavement
shall be governed by the following applicable rules:
[Amended 12-9-2021 by Ord. No. 2021-25]
(1)
In the case of an opening or trench in the earth shoulder,
the permittee shall restore the top four inches of the trench or opening
with material capable of supporting the growth of grass and shall
fertilize and seed the surface with grass seed.
(2)
In the case of a gravel pavement, the permittee shall
fill in the top eight inches of the excavated trench or opening with
compacted soil aggregate Type I-5.
(3)
In the case of a penetration macadam road that consists
of broken stone of various sizes, the permittee may salvage the broken
stone and replace it in the top of the trench similar to the original
pavement and cover it with two inches of hot-mixed bituminous concrete.
(4)
In the case of a gravel-based bituminous concrete
road, the permittee shall restore the surface with six inches of compacted
soil aggregate Type I-5, covered with three inches of HMA 19M64 base
course and two inches of HMA 9.5M64 surface course.
(5)
In the case of a bituminous-treated gravel road, the
permittee shall restore the surface with six inches of compacted soil
aggregate Type I-5, covered with three inches of HMA 19M64 base course
and two inches of HMA 9.5M64 surface course.
(6)
In the case of portland cement concrete surfaces,
steel-mesh reinforcement or deformed steel-rod reinforcement (rebar)
shall be provided in the spacing gauge or diameter and placement as
set forth by the New Jersey Department of Transportation Specifications,
1983 Edition, or as amended. All concrete thickness, classifications
and compressive strength shall be in conformance with the current
New Jersey Department of Transportation standards. Admixtures or curing
compounds shall be added only upon approval of the Township Engineer.
(7)
In the case of any special condition, the permittee
shall restore the trench or opening as directed by the Township Engineer.
If the Township is required to restore the pavement, the final charges,
based on the schedule of costs, shall be billed to the permittee upon
the completion of the work by the Township.
(8)
The applicant shall be responsible to replace any traffic markings
in accordance with current NJDOT specifications and in accordance
with the current MUTCD. Temporary pavement markings shall be required
as part of temporary pavement installation in accordance with current
NJDOT specifications.
A.
The applicant in accepting a permit under this article
shall be deemed to have agreed to be liable for, and to indemnify
and save harmless the Township from and against, any and all loss
or costs or damages incurred by reason of any damage to any property,
injury to any person or any loss of life resulting from its negligence
or the negligence of its agents, employees, or subcontractors in undertaking
or performing the work covered by the permit, or in failing to properly
guard or maintain the opening or excavated material, equipment, or
materials to be incorporated in the work.
B.
No permit will be approved for openings scheduled
during the period from December 15 to March 1, except in cases of
emergency or when deemed necessary by the Township Engineer.
C.
Construction equipment shall not be positioned or
stored on any street after working hours unless approved by the Superintendent
of Public Works.
D.
When a contractor is obligated to supply uniformed
police officers on the job site as a condition of its permit, all
arrangements shall be made through the Traffic Division of the Little
Egg Harbor Police Department, who may assign the officers 48 hours
in advance of the commencement of work on the project in accordance
with the provisions of municipal ordinances regulating off-duty services
of municipal police officers.
E.
Flagmen, when utilized in construction work areas,
shall be equipped with the following:
(1)
Orange reflectorized vests.
(2)
Red flag, measuring 24 inches by 24 inches. For night
conditions, lights shall be used in lieu of the flag.
(3)
Sign paddles consisting of STOP/SLOW messages, as
per the Manual on Uniform Traffic Control Devices, current edition.
When used at night, the STOP and SLOW faces shall be reflectorized.
All traffic control devices utilized on any road construction within
the Township of Little Egg Harbor shall conform to the Manual.
The Township may, at any time, revoke or annul
any permit, or extension endorsed thereon for cause, or for performing
work not in accordance with the permit granted, or for failure or
neglect to pursue the work in accordance with such permit, or for
any conditions which might prove to be dangerous or injurious to any
person or interests of the Township. Every person receiving a permit,
or any extension thereof, shall accept the same subject to the foregoing
provisions and conditions, without any liability or responsibility
attaching to the Township for any loss or damage that might result
by reason of such revocation.
Nothing contained in this article shall be construed
as requiring the issuance of a permit for the performance of any opening
or excavation by the Township or its employees.
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $500 nor more than $1,250,
by imprisonment for a term not to exceed 90 days, or by community
service of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense. The violation of any provision of this
article shall be subject to abatement summarily by a restraining order
or injunction issued by a court of competent jurisdiction. Nothing
in this article shall be understood or construed by any permittee
or other person to absolve any permittee or its employees, agents
or contractors of any responsibility for any damage done to any person
or property in opening or digging a trench in any public road, street,
or highway.
The permittee shall indemnify and save harmless
the Township, its officers, agents and employees from any loss, injury
or damage resulting from any negligence or fault of the permittee,
its agents, servants or employees or contractors in connection with
the performance of any of the work covered by the permit. The terms
and provisions of this article shall be deemed a covenant by such
permittee to so indemnify and save harmless the Township of Little
Egg Harbor of curb being repaired.
