Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Township of South Harrison, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of South Harrison as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 61.
Soil removal — See Ch. 117.
[Adopted 7-12-1995 by Ord. No. 0-07-95]
No person, firm, partnership or corporation shall open or excavate a trench in any public road, street, right-of-way or highway of this Township without having first done each of the following:
A. 
Make a written application therefor to the Township of South Harrison, in the County of Gloucester, on forms to be provided; supply a map or sketch of the project showing the location of the opening to be made, the size of said opening, the purpose(s) of said opening; and state whether it is new construction or repairs.
B. 
Paid the proper fee to said Township for such opening or trench in the amount specified by § 123-7.
C. 
Given the Township a cash or surety company bond in the amount specified, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the closing by the permittee. The amount of each maintenance bond shall be equal to the amount of the performance bond. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep in continuing effect and posted with the Municipal Clerk a combination performance and maintenance bond for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this chapter and shall be approved as to form by the Township Solicitor.
D. 
Received from the Township a written permit for the specific opening or trench.
As used in this chapter, the following terms shall have the meanings indicated:
ROAD or STREET
As used in this article shall apply to any and all roads, highways, streets, courts or avenues owned or under control of the Township of South Harrison for the full right-of-way width thereof.
No person, firm, partnership or corporation shall direct or cause any employee, agent or contractor of such person, firm, partnership or corporation to open or dig a trench in any public road, street or highway until a written permit for such opening or trench has been issued by the Township.
No person, firm, partnership or corporation shall be permitted to excavate within the paved cartway of a road which has been constructed or reconstructed within the last five years of the date of application. Road crossings on roads which have been constructed or reconstructed within the last five years shall be performed by jacking, tunneling or other means which will not disturb the paved cartway. For the purpose of this section, reconstructed roadways shall include roadways which have been overlaid.
Each permittee shall do each of the following things with respect to each opening or trench for which the permittee is responsible:
A. 
Have the trench or opening dug promptly after the permit aforesaid is granted.
B. 
Have the material which is taken from the opening or trench placed so as not to interfere with the public use of the highway.
C. 
Have proper and ample guards, barricades, signs and lights maintained on the site to sufficiently warn users of the road, street or highway of the dangers attendant to the project from the time the opening or trench is started until the road, street or highway is completely restored and completely reopened to public travel and in this respect shall carry out, at his or her own expense, any orders of the Township Road Department, Township Engineer or Township Police Department.
D. 
Maintain proper and sufficient drainage facilities to prevent accumulation of water or other substance or material upon the road to ensure an adequate and safe passage for the traveling public and, in this respect, shall carry out, at his or her own expense, any orders of the Township Road Department or Township Engineer.
E. 
Assume full liability for any and all injuries caused by the negligence of the permittee or the employees or agents of the permittee in constructing such opening or trench, as well as in its maintenance or closing.
F. 
Keep said opening or trench open a minimum period of time to accomplish the purpose of the permittee and close such opening or trench as soon as possible thereafter.
G. 
Comply with the following standards hereby adopted in this Township for such openings and trenches in public roads, streets and highways:
(1) 
All utility road crossings shall be made at right angles (90°) to the road center line. For storm water drainage pipes 15 inches or larger in diameter and which will flow by gravity, road crossing may be constructed using conventional methods and open cuts. The method of construction for all other utility road crossings shall be at the discretion of the Township Road Superintendent who shall take into account the purpose of the crossing, the size of the crossing, pipe material, existing roadway conditions, traffic volume and detour routes.
(2) 
Protection for traveling public. The permittee shall keep such opening or trench properly guarded and at night have lights placed thereat and in doing the work interfere as little as possible with the travel along the road and open no greater part of the road at any time than shall be allowed by the Township Road Superintendent. At no times will excavations be permitted to remain open overnight.
(3) 
If the excavation is to extend the full width of the road, and the road is to remain open to traffic as determined by the Township Road Superintendent, no more than 1/2 of the road shall be opened (excavated) at one time, and such half shall be backfilled and deemed traversable for vehicular traffic by the Township Road Superintendent. If the Township Road Superintendent deems that a road can be temporarily closed and detoured, and if directed by the Township Road Superintendent, road crossings shall be constructed, where possible, using a single length of pipe or casing pipe across the entire width of the paved cartway so that no pipe joints are contained within the paved section of the roadway.
(4) 
Protection from suits. The permittee shall also save harmless said Township of South Harrison, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his or her agents or servants in connection with the performance of the work covered by the permitee.
(5) 
Time limit. The opening or trench shall be backfilled and semi-permanently patched immediately, and the permanent pavement shall be restored within two weeks. In case the work has not been completed before the date of expiration as shown on the permit and the permittee has not requested an extension of time, the Township Road Superintendent or Township Public Works Manager may, if deemed advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued at the expense of the permittee, and if any extension of time beyond said date is needed for the completion of the work, a new application must be filed if required by the Township Road Superintendent.
(6) 
Maintenance. The restoration of the opening or trench shall be maintained for one year after completion.
(7) 
Excavation.
(a) 
The applicant shall give a twenty-four-hour notice to the Township Road Superintendent or his or her duly authorized assistant prior to making an opening, except in case of emergency.
(b) 
No opening shall be commenced on a Saturday, Sunday or holiday, except in case of emergency.
(c) 
On a bituminous-surface-treated road, the edges of the opening shall be sawcut straight or milled through the bituminous surface before the trench is excavated.
(d) 
The work shall be so conducted as not to interfere with the existing water, sewer or gas mains, and any other utility which may be present, or any connections with buildings until permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting. No excavation which will damage trees shall be made without the approval of the Township Road Superintendent. Any tree removed or damaged by the permittee shall be replaced at his or her expense.
(8) 
Backfilling. The permittee shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by tamping or other suitable means, and supply additional material when there is a deficiency. Whenever the Township Road Superintendent or his or her duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall backfill the trench with sand, gravel, stone or other proper, acceptable material, compacted 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 if directed, and each layer energetically tamped until thoroughly compacted.
(9) 
Restoration of surface paving and surface paving foundation. 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:
(a) 
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 topsoil capable of supporting the growth of grass and shall fertilize and seed the surface with grass seed. All seedings, including hydroseedings, shall be mulched.
(b) 
In the case of a gravel pavement, the permittee shall fill in the top 12 inches of the excavated trench or opening with compacted broken stone or washed gravel, approximately aggregate size No. 2 as defined by the NJDOT, spread in a uniform layer conforming to preexcavation and adjacent grades.
(c) 
In the case of a penetration macadam road which consists of broken stone of various sizes, the permittee may salvage the broken stone and replace it in the top of the trench as a road subbase and then apply a four inch thick bituminous stabilized base course (Mix I-1) and a two-inch bituminous concrete surface course (Mix I-5). The edges of the trench patch shall be tack coated.
(d) 
In the case of a gravel-based bituminous concrete road, the permittee shall restore the surface with six inches of compacted dense graded aggregate as a road subbase and then apply a four-inch thick bituminous stabilized base course (Mix I-1) and a two-inch bituminous concrete surface course (Mix I-5). The edges of the trench patch shall be tack coated.
(e) 
In the case of an oil and chip road, the permittee shall restore the surface with six inches of compacted dense graded aggregate as a road subbase and then apply a four-inch thick bituminous stabilized base course (Mix I-1) and a two-inch bituminous concrete surface course (Mix I-5). The edges of the trench patch shall be tack coated.
(f) 
In the case of a concrete surface, the permittee shall construct a concrete base and shall restore the reinforcement and the concrete pavement in accordance with NJDOT specifications and as directed by the Township Road Superintendent.
(g) 
In the case of any special condition, the permittee shall restore the trench or opening as directed by the Township Road Superintendent. If the Township is required by law or necessity to restore the pavement, the final charges, based on the schedule of costs, shall be billed to the permittee on the completion of the work by the Township.
(10) 
Jacking, tunneling or boring. A permit as set forth in this article above shall be required for any jacking, tunneling or mechanical boring under any road for any purpose whatsoever. Any such activity shall be performed only after the Township Engineer has recommended that it be permitted, and shall be performed under the supervision of the Township Engineer, whose services shall be paid for by the applicant.
A. 
Each applicant for a permit for such opening or trench shall post a cash or surety company bond with the Township to cover the estimated costs of closing the particular opening or trench for which the application is being made according to the following schedule of estimated costs:
Schedule of Estimated Costs
Material
Costs Per Square Yard
Earth surface
$4
Gravel surface
$5
Bituminous concrete (full section)
$22.50
Concrete pavement and concrete sidewalk
$35
Concrete curb
$12/lf
B. 
Each such surety bond shall be in a form acceptable to the Township Solicitor and shall be executed by the permittee as principal therein, and the surety company shall be the surety therein, which surety company shall be one licensed to do surety business in the State of New Jersey.
C. 
Upon completion of the project by the permittee and the restoration of the public road, street or highway in accordance with this article, the permittee shall receive back the performance bond upon proper written application therefor and upon approval thereof by the Township Committee and upon posting of the maintenance bond or cash described in § 123-1C.
A. 
The following schedule of fees is hereby fixed, determined and established as being the fees to be paid the Township for the issuance of permits and for other municipal services in connection with the servicing of such permits and the proper restoration of such openings and trenches:
Schedule of Fees
Area of Openings
(square feet)
Fee
Up to 50
$50
Each additional 500 or portion thereof beyond the original 50
$25
Jacking, boring or tunneling
$100
B. 
Such fees shall accompany the applications when filed with the Township or its representative.
C. 
The fees referred to in Subsection A hereof shall be paid to and become the property of the Township and shall be turned over by the Municipal Clerk to the Township Chief Financial Officer within 48 hours accompanied by a written statement of the source of each fee.
A. 
The Municipal Clerk shall receive all applications, fees and bonds hereunder, and forward the application to the Township Road Superintendent for review.
B. 
The Township Road Superintendent shall be the agent and representative of the Township to:
(1) 
Review each application, request additional information if necessary and issue permits.
(2) 
Inspect the sites of the proposed openings and trenches or arrange for inspection by the Township Engineer if he or she deems that the work should be inspected by the Township Engineer.
(3) 
Inspect openings or trenches, warning guards, barricades, signs and lights maintained or to be maintained at the respective sites by the permittee.
(4) 
Inspect the closing of openings or trenches and the restoration of public roads, streets or highways.
(5) 
Notify the permittee or the Township, or both, of any failure, refusal or neglect on the part of permittee or his or her employees or representatives to comply herewith.
(6) 
Make complaint of and prosecute for and on behalf of the Township any offense under this article.
(7) 
Administer the provisions of this article for and on behalf and in the name of this Township under the direction of and for the Township Committee.
(8) 
Inspect the trench opening at the end of the maintenance period and report any discrepancies. Upon receipt of a favorable report with respect to the condition of the trench opening from the Township Road Superintendent, the Township Committee shall direct the Municipal Clerk to discharge the maintenance bond or return the cash deposit, as the case may be.
Nothing in this article shall be understood or construed by any permittee or other person to absolve any permittee or his or her 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.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code. 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.
[Adopted 12-27-2000 by Ord. No. 0-00-08]
Any owner, developer or subdivider of real property on or adjacent to which said owner, developer or subdivider has constructed a street or road open to the public hut not yet accepted and approved by the Township as a public road or street, and on which real property or subdivision has been constructed at least three separate dwelling houses or an apartment building or buildings containing three or more units of dwelling space, which dwelling houses or units are occupied or intended to be occupied by three or more persons who live independently of each other and whose occupants depend on said street or road or access to and egress from their dwelling houses or units to the public road system, and even though said street or road has been deeded or dedicated to the Township but is not yet finally approved or accepted by the Township, shall be obligated to remove all snow and ice from such street or road within 12 hours of daylight after the same shall fall or be formed thereon.
A. 
Every such owner, developer or subdivider while so obligated shall file with the Township Administrator, within 10 days after the effective date of this article and annually on November 1 of each calendar year, a written plan for snow and ice removal. Said plan shall include:
(1) 
The name, address and telephone number of a person responsible for snow and ice removal from such street or roadway who can be reached 24 hours a day.
(2) 
The name, address and telephone number of any contractor who is responsible for such snow removal.
(3) 
A list of all equipment and supplies available for such snow and ice removal.
(4) 
The response time for the contractor to take action for snow and ice removal.
B. 
Such owner, developer or subdivider shall notify the Township Administrator within 10 days of any changes in the information set forth in said plan.
A. 
The Township of South Harrison may provide for the removal of such snow or ice by its own personnel and equipment or by a contractor where the owner, developer or subdivider obligated by this article to do so shall fail to remove snow or ice from such street or road as provided by this article.
B. 
The cost of such removal of any such snow or ice from any such street or road by the Township or a Township contractor shall be certified to the governing body of South Harrison Township by the officer in charge thereof. The governing body shall examine such a certificate and, if found to be correct, shall cause such cost to be charged against such real property owned by such owner, developer or subdivider who is obligated by this article to perform such snow and ice removal over which or through which such street or road is located.
C. 
The amount so charged shall be paid to the Township within 14 days of written notice thereof mailed or delivered to said owner, developer or subdivider, and that amount if not so paid shall become a lien and tax upon such real property and shall be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers in the same manner as other taxes.
D. 
Such removal of snow and ice by the Township or its contractor shall not constitute acceptance of such street or road by the Township as a public street or road.
[Added 3-11-2009 by Ord. No. O-09-04[1]]
A. 
Where an owner, developer or subdivider obligated by this article, in addition to the actions that the Township is authorized to take under this article, any such owner, developer or subdivider is hereby required to establish a fund, with the Township of South Harrison, to be known as the "Snow and Ice Removal Fund for Undedicated Streets." Upon the occurrence of the issuance of a certificate of occupancy for any unit of housing constructed within said development, said fund must be established and maintained at the following monetary levels for each year wherein the development contains any undedicated streets:
(1) 
For all residential subdivisions containing 19 units of housing or less: $5,000.
(2) 
For all residential subdivisions containing 20 or more units of housing: $10,000.
B. 
Said fund shall not be utilized by the Township to offset the costs of the Township's snow removal, unless the owner, developer or subdivider fails to comply with the provisions of this article within the time periods set forth herein. Due to the nature of snow and ice removal, written or oral notice that the Township will engage in snow and ice removal on undedicated streets, and utilize portions of the funds established, shall not be required. The triggering event shall be the expiration of the time period for the owner, developer or subdivider to act as established within this article.
C. 
The owner, developer or subdivider shall be required to reestablish the deposit amount of the Snow and Ice Removal Fund within 10 days after the Township has been required to utilize said fund based upon said owner, developer or subdivider's failure to act as required by this article.
D. 
This section shall apply not only to all owners, developers and subdividers of new developments wherein a certificate of occupancy triggers the establishment of the fund, but also to current owners, developers and subdividers of land who have constructed but have not as yet dedicated streets or roadways where certificates of occupancy have been issued. Said owners, developers and subdividers shall have 10 days from the effective date of this section to establish said fund in the monetary amount set forth in this article.
E. 
Upon dedication of all streets and roadways by an owner, developer or subdivider, and formal acceptance of the same by the Township of South Harrison Committee, any and all funds remaining in the Snow and Ice Removal Fund shall be returned to the owner, developer or subdivider within 30 days following the acceptance of the dedication by the Township.
[1]
Editor's Note: This ordinance also redesignated former § 123-14 as § 123-15.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code.