[HISTORY: Adopted by the Township Committee
of the Township of South Harrison as indicated in article histories.
Amendments noted where applicable.]
[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:
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.
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:
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.
[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.
