[HISTORY: Adopted by the Township Committee of the Township
of Weymouth as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-6-1985 by Ord. No. 265-85 (Ch. XII, Sec. 12-7,
of the 1980 Revised General Ordinances)]
No person, firm, corporation, public utility or any other entity
shall, for any purpose, open, tear up, excavate, bore under or into,
tunnel, drive under, displace, or in any way impair or alter the surface
or subsurface within the limits of any right-of-way of any road, highway,
street or other way, owned, maintained or controlled by the Township
of Weymouth without first obtaining a permit to do such work from
the Clerk of the Township of Weymouth with the advice and consent
of the Engineer for the Township of Weymouth and Solicitor for the
Township of Weymouth, subject to the terms and requirements of this
article.
As used in this article, the following terms shall have the
meanings indicated:
A contractor, either corporate, partnership or individual,
or a municipal or public utility, who will actually be engaged in
the performance of the street opening work.
The prohibition to vehicular traffic of all or any portion
of a municipal right-of-way normally utilized by said vehicular traffic.
The opening of any street for the purpose of repairing any
situation presenting possible harm to the public's health, safety
or welfare, or damage to public or private property; including but
not limited to a water main break, gas leak and/or sanitary sewer
main break.
The opening, tearing up or excavation, for any purpose, of
a municipal street of 100 square yards or more of roadway area, or
where four or more connecting laterals are made at average intervals
of less than 100 feet along the roadway lengths, or an opening disturbing
20% or more of the pavement area. The determination of whether or
not an opening is extensive shall be made by the Township Engineer.
The individual, corporation, partnership or municipal or
public utility for whom the work is being done.
A certified check, money order, or treasurer's check
made payable to the Township of Weymouth; or an irrevocable letter
of credit drawn upon a bank, authorized to do business in New Jersey
by the New Jersey Banking Commissioner, or a performance bond drawn
upon a bonding or insurance agency, subject to the approval of the
Township Solicitor.
An opening, tearing up or excavating, for any purpose, of
a Township street not described as an extensive opening.
The portion of municipal right-of-way which is specifically
designated for use by motorized vehicles, and shall include the major
travel lanes and shoulder areas, paved or unpaved.
The tearing up, excavating, boring, tunneling, displacing,
filling, removing or any impairing or altering of the surface or subsurface
of any right-of-way of any lands owned and/or controlled by the Township
of Weymouth for the purpose of providing movement of vehicular traffic
or pedestrians, or both; including the paved surface, curb, sidewalk
and landscaped areas.
The duly appointed Engineer of the Township of Weymouth or
his duly authorized representative.
A.
Application for a permit shall be made in writing on forms to be
prescribed by the Township of Weymouth Engineer, and filed with the
Clerk and the Engineer at least one week prior to the proposed commencement
of any work. No work shall commence until the date set forth in the
issued permit. Plans, profiles and other details necessary to accurately
depict the work to be performed shall be submitted, in duplicate,
to the Clerk and the Engineer before the permit is granted, as required.
B.
In the event of emergency, the one-week filing period may be waived
by the Township Engineer and the permit may be issued within such
shorter period as the Township Engineer deems appropriate. If circumstances
warrant and said circumstances are adequately demonstrated to the
Township Engineer, an oral application may be made and a temporary
permit may be issued until formal application is filed and acted upon.
In that event, when a permit is granted upon oral application, a written
application on the forms prescribed shall be presented to the Township
Engineer within 48 hours.
A.
Prior to issuance of a permit, two copies of the application therefor
shall be presented to the Township Engineer, who shall note any objections
to the issuance of a permit, or any conditions to be imposed on the
application, all within five working days, which objections and conditions
shall be promptly mailed to applicant. All objections or conditions
imposed shall satisfy the Township Engineer before issuance of the
permit. Noncompliance with any rule set forth in this article shall
also be deemed as grounds for denial of permit.
B.
The applicant shall be solely responsible to the Township Engineer
for the protection of the work, for the adherence of the work to the
specifications, and for the safety of the public. The application
shall be made for and on behalf of the owner and shall be countersigned
by such owners who shall hold the applicant, rather than the Township
Engineer, responsible for completion of the project.
C.
Permits shall not be issued directly to private owners or developers
without specific written approval of the Township Engineer.
D.
The owner shall agree in writing, as a condition of the issuance
of a permit, that all facilities, pipes, poles, etc., to be installed
within the Township of Weymouth right-of-way pursuant to the permit
shall be promptly relocated at the owner's expense as set forth
by the Township Engineer to accommodate the installation of Township
facilities. Such written agreement shall be contained on the face
of the application form and permit.
E.
No person or corporation shall be issued a street opening permit
until satisfactory proof is presented, in the form of a written statement
from the person(s) or corporation engaged in the distribution of transmission
of manufactured, mixed, natural, synthetic, liquefied or propane gas
in the area of the proposed road opening, that said applicant has
complied with the requirements of New Jersey Statutes 2C:17-4 and
2C:17-5.[1]
[1]
Editor's Note: These statutes were repealed by L. 1994,
c. 118, § 21. See now N.J.S.A. 48:2-73 et seq.
F.
No permit shall be issued for any street opening which would disturb
the pavement of any road having been constructed, reconstructed or
overlaid until a period of five years after the completion of said
construction, reconstruction or overlay except in the event of emergency.
Any such emergency opening shall have a fine imposed as set forth
in the schedule of fees and charges as prepared and updated by the
Township Engineer.
G.
The Township Engineer may at his discretion, in the case of Township
streets carrying exceptionally heavy volumes of traffic, forbid any
opening, tearing up or excavating such street(s), except in the event
of an emergency.
H.
The Township Engineer may, at his discretion, forbid any opening,
tearing up or excavating of the pavement of a street for the installation
of underground utilities where, in the opinion of the Township Engineer,
the utilities can be installed by tunneling under the street without
any significant additional expense to the applicant. For the purposes
of this subsection, "significant additional expense" shall mean that
the cost of tunneling is more than two times the cost of opening,
tearing up or excavating such street. In any case where the applicant
claims significant additional cost, the applicant shall provide the
Township Engineer with all documents that the applicant relies upon
to support such claim. The Township Engineer may request, in his discretion,
any additional information that he needs from the applicant in order
to reach a determination.
[Added 11-16-1994 by Ord. No. 339-94]
The Township Clerk shall not issue a permit unless the applicant has submitted by certified check or money order, separate from any security deposit required under § 200-6A below, a nonrefundable application fee as set forth in the schedule of fees and charges as prepared and updated by the Township Engineer and adopted by the Township Committee by resolution. Said certified check or money order shall be made payable to the Township of Weymouth. The application fee is to be used to defray costs incurred for processing the permit application and for inspection of the road opening as necessary.
A.
The Township Clerk shall not issue a permit unless the applicant
has deposited a security deposit for the faithful performance of work
in a sum sufficient to cover the estimated cost of restoring and protecting
against settlement of such sidewalk, curb, pavement, street surface
or other public property, including the expense of constructing thereof,
in accordance with the schedule of fees to be established and updated
by the Township Engineer, and adopted by the Township Committee by
resolution.
B.
Upon satisfactory completion of all work permitted and required under
the permit for extensive openings, the Township Engineer will refund
80% of the security deposit where same has been made by certified
check and will retain the remaining 20% thereof as security for maintenance
of said work for a period not to exceed two years. All moneys held
for more than 30 days shall be placed in an interest-bearing account,
for the benefit of the applicant. The Township Engineer shall certify
the release of these funds at such time as the work is completed,
maintained and stabilized, but in any event, these funds must be retained
until the completion of the work under a plan to be directed by the
Township Engineer, and which plan shall not be put into effect until
written notice thereof is delivered, certified mail, return receipt
requested, to the applicant informing him of the intention to use
the moneys held in security to complete the plan, and the applicant
has an opportunity to have a hearing in the matter before the Township
Committee if the applicant so desires, within 30 days of the date
of the certified mailing. In the event that two years has elapsed
from the time of the commencement of the work and no maintenance,
repair or stabilization is certified to be required by the Township
Engineer, then the security deposit, together with all interest earned
thereon, shall be returned to the applicant.
A.
The applicant shall save harmless and agree to indemnify the Township
of Weymouth, its officers, agents and employees from and against any
loss, injury or damage resulting from any negligence, faults, acts
of omission or commission on the part of the applicant, his officers,
agents, and employees in connection with the performance of the work
covered by the permit.
B.
The applicant shall present to the Township Committee a policy of
insurance sufficient to indemnify and save harmless the Township,
its officers, agents and employees against and from all suits and
costs of every kind, and from all damages resulting from negligence,
in any phase of operations performed under the permit. Said insurance
shall provide limits of not less than $300,000 liability coverage
per individual and $500,000 per accident. Said insurance must remain
in effect throughout the period of the work and must cover liability
incurred as a result of the work during the period of the work and
two years after the completion thereof.
A.
The applicant shall notify the Township Engineer two working days
in advance of the actual commencement of any work under any issued
permit.
B.
Any work under an issued permit shall be commenced within 60 days
from the date of issuance, or thereafter the permit shall be considered
void.
C.
No permits shall be issued for extensive opening between December
1 through March 1 without prior written approval of the Township Engineer.
D.
Work commenced under a permit shall continue without interruptions
during normal working hours until all work permitted and required
is completed.
A.
The Township Engineer shall periodically inspect all road openings
and the repair and resurfacing thereof for the express purpose of
determining compliance with all conditions imposed on the issuance
of the permit and the specifications.
B.
The Township Engineer may with sufficient cause:
(1)
Order temporary work stoppage to any road opening.
(2)
Order the applicant to perform or correct specified work to comply
with the said Township Engineer's direction.
(3)
Order work stoppage and revoke permit with just cause. This order
shall cause the Township Engineer to complete, or cause to complete
the work and declare the applicant's cash deposit forfeited,
or notify said applicant's surety, by certified mail, of an intent
to file claim on the bond or letter of credit.
(4)
Correct any work after notification to the applicant by certified
mail of the neglect or refusal of said applicant to assure corrections
as indicated, and upon so doing, declare the applicant's cash
deposit forfeited, or notify the applicant's surety of an intent
to file a claim.
(5)
Take any other action deemed reasonable, or necessary under the prevailing
circumstances.
It shall be unlawful for any person to fill in or excavate,
cause to be filled in or excavated, or take up, remove, carry away
or cause to be taken up, removed, or carried away, any turf, stone,
sand, clay or earth, from any street, public place, or any part of
such street right-of-way or public place without first obtaining approval
and written permission of the Township Engineer.
A.
All street and driveways shall be repaved or replaced with materials
equal to or better than that which existed prior to the opening. All
work shall conform to Township standards as amended hereafter:
(1)
The paved roadway surfaces shall be cut vertically with a sharp tool
on a straight line before excavating.
(2)
Excavated material from the trench opening shall not be used as backfill
without the express permission of the Township Engineer.
(3)
Backfill material shall be deposited in layers and compacted in such
a manner and by such methods as to achieve 95% standard proctor density
throughout entire backfill. The thickness of each layer shall be dependent
upon the type of compactor employed, and at no time shall layer thickness
exceed six inches.
(4)
The uncompleted length of road opening allowed under a permit at
any one time shall not exceed 50 linear feet.
(5)
In all cases of newly constructed, reconstructed or overlaid asphalt
pavements and existing concrete, before placing the base course, the
opening shall be cut back six inches beyond the perimeter of the trench
opening, and the tack coat shall be applied to all joints.
(6)
Where existing manholes are located in shoulder areas, a minimum
of two inches of asphalt FABC-1, Mix 5, shall be placed eight feet
on both sides of the manhole casting on six inches of Type A or B
gravel. The width of the FABC-1 Mix 5 shall vary to dimensions of
existing shoulder areas.
(7)
All manholes to be constructed must be capable of being adjusted
two feet vertically upward or downward from existing grade.
B.
For all extensive openings, the trench backfill shall be compacted
to a minimum level of five inches, compacted depth of bituminous stabilized
base, stone mix, Mix No. 5, pavement shall be constructed level with
the existing pavement. After proper settlement, the entire width of
paved roadway surface shall be overlaid with two-inch minimum thickness
FABC-1, Mix No. 5, pavement applied to the entire length of the disturbed
area and rolled in place to obtain a smooth pavement surface.
C.
For small openings in old asphalt or oil and stone pavement, the
trench backfill shall be compacted to a level of eight inches below
the level of adjacent paved surface. A two-inch compacted depth of
bituminous cold patch material shall then be constructed on pavement
base consisting of six inches, compacted depth of gravel base course,
Type A or B. The trench surface shall be maintained to the pavement
level by adding bituminous cold patch material until proper settlement
is obtained, minimum of six months. After proper settlement, the two-inch
cold patch shall be removed and replaced with FABC-1, Mix No. 5. All
joints between new and existing pavements shall be sealed with a tack
coat.
D.
For all openings in newly constructed, reconstructed or overlaid
roads, clean granular backfill shall be furnished from outside sources.
For the purpose of this section, "newly" shall mean within five years.
Backfill material shall be deposited in six-inch layers, thoroughly
compacted to a level eight inches below the level of adjacent paved
surfaces. The openings shall be cut back 12 inches beyond the extreme
edge of the trench opening. The base course shall be Class "B" 4,000
psi concrete, six inches thick. The surface course shall be two inches
compacted depth of FABC-1, Mix No. 5. All joints between new and existing
pavement shall be sealed with a tack coat.
E.
For all openings in concrete pavement surfaces, the trench backfill
shall be compacted to a level of two inches below the top of adjacent
paved surface. A two-inch compacted depth of temporary bituminous
cold patch material shall then be placed, compacted level with existing
pavement, and maintained by the permittee to pavement level by adding
additional cold patch for a period of 30 days or more until final
settlement has occurred. After final settlement, a pavement course
of Class "B" 4,000 psi concrete eight inches in depth shall be constructed
level with existing pavement surface.
F.
Where openings are made in shoulder areas, the entire shoulder width
shall be replaced with a minimum of six inches of gravel, Type A or
B, and a minimum layer of two inches FABC-1, Mix No. 5.
G.
All openings in roadside areas shall be backfilled and leveled with
clean granular material to within four inches of adjacent grade. After
proper settlement, four inches of topsoil shall be placed and the
area shall be fertilized and seeded. Mulch shall also be placed when
directed by the Township Engineer. Should proper growth not be achieved,
the area shall be reseeded as necessary.
A.
No street or portion of a street shall be closed to traffic except
by prior express written permission of the Township Engineer.
B.
When permission is granted for the closing of a street, the holder
of such permit shall erect, or cause to have erected, suitable notices,
of the form prescribed by the regulations set forth by the Township
Engineer or the Manual of Uniform Traffic Control Devices, of the
obstruction to travel in conspicuous positions at all points of intersection
of such street when the cross street nearest to obstruction.
Whenever permission is granted by the Township Engineer for
the temporary closing of any street, or for the temporary closing,
occupancy, or disturbance of the surface of more than 1/2 of the roadway
or whenever an unsafe condition is created on any street, public place
or portion thereof in the performance of any work, or in the doing
of anything authorized by a permit, the permittee shall notify the
dispatchers for the New Jersey State Police and the Fire Department
at least 24 hours in advance of starting work, or occupying said street
for which permit has been granted. Proper notice of such closing as
prescribed in regulations set forth by the Township Engineer or the
Manual of Uniform Traffic Control Devices shall be erected by the
permittee.
A.
All work shall proceed so as to interfere as little as possible with
traffic along the Township street. No greater portion of any street
shall be opened than shall be set forth in the permit.
B.
All open trenches, ditches, manholes, excavations, street surface
disturbances or any work in, under or upon any street, sidewalk, public
place, or portion thereof during work periods or during any period
the work is causing danger to persons using such street or public
place, shall be properly protected, fenced, railed or barricaded as
prescribed by the regulations set forth by the Township Engineer and
the Manual of Uniform Traffic Control Devices until such time as the
obstruction or danger has been removed.
A.
At twilight there shall be placed and lighted suitable and sufficient
lighting upon or about railings, fences, barricades, building material,
construction equipment and other obstructions, open trenches, ditches,
manholes and excavations, in any street or public place which lighting
will be kept lit through each night the obstruction(s) continue.
B.
The posting of red flags, or other warning signs, during the daytime
shall be prescribed by the regulations set forth by the Township Engineer
or the Manual of Uniform Traffic Control Devices.
No person shall tear down, displace or remove any fence, rail
or guardrail or extinguish or remove any light or remove any warning
signs thereon, or on any obstruction on any street or public place,
unless acting under the authority of the Township Engineer or by the
consent of the person superintending the work and materials protected
thereby.
A.
No obstruction of any kind shall be placed upon any street or public
place within 10 feet of any fire hydrant, and the space around all
such hydrants shall at all times be within the limit aforesaid be
kept open and unobstructed.
B.
No obstruction of any kind shall be placed over, upon or in such
a manner so as to obstruct and prevent the use of any water box or
appliance, unless the location of such box or appliance be suitably
marked and unless such obstruction can be readily removed from such
location immediately upon receipt of notice from the Township Engineer.
No lime, cement, mortar, concrete or other materials shall be
mixed directly upon any paved surface of any street or public place.
The owner, driver or operator of any type of vehicle parked
or standing on any street or public place in such a manner so as to
impede the progress of public work, snow removal or in such manner
as to cause the flow of traffic past any work site, material or equipment
to be hindered shall, upon verbal notice by the New Jersey State Police,
Township Engineer or a duly authorized representative of either body,
remove immediately such vehicle to an area free and clear of the site,
material or equipment.
The Committee of the Township of Weymouth may, by ordinance,
make such rules and regulations supplementing the provisions of this
section pertaining to the fees to be charged hereunder, the duration
of permits to be issued hereunder, penalty schedule and any and all
requirements the committee may deem necessary for the proper administration
of all subsections contained herein.
Any gas, electric, telegraph, railway company or other public
utility or private contractor shall furnish, at its own expense, a
replacement contract bond in a form to be approved by the municipal
attorney with a surety company authorized to do business in the State
of New Jersey, as surety, in the sum of not less than $5,000 payable
to the Township of Weymouth, guaranteeing the faithful performance
of carrying out and complying with all terms, conditions and provisions
of this article. Said bond shall also provide a guaranty for the payment
of fees and the replacement of any of said disturbed surfaces, or
of any damage done to any property of the Township of Weymouth, or
of its utilities due to the installation of work performed by such
companies or utilities. This bond shall be for the term of five years,
and said bond shall, at the expiration of said five-year term, be
renewed for a similar term.
A.
Failure of any person, firm, corporation or public utility to comply
with any of the provisions of this article shall be deemed sufficient
cause for the revocation of a permit already granted, and such person
shall be deemed guilty as disorderly and upon, conviction thereof,
be punished as hereinafter provided, in addition to paying the expense
of restoring to its proper condition any pavement, sidewalk, curb,
gutter, street or public or private property broken or displaced contrary
to the provisions of this article.
B.
Any person, firm, corporation or public utility who shall violate the provisions of this article, or any part thereof, shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article III, General Penalty. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Amended 6-19-1996 by Ord. No. 344-96]
[Adopted 4-21-2010 by Ord. No. 491-2010]
It shall be unlawful for any person to perform any of the following
acts:
A.
To operate a vehicle on any local road posted as closed except for
authorized emergency vehicles and excepting local residents.
B.
Plow, shovel or deposit snow or ice onto the travel surface of any
local road.
C.
Plow, shovel, or remove snow or ice in such a way as to restrict
the visibility or adversely affect the safety of operators of vehicles
at any intersection of any street, highway, driveway, access road
or parking lot with any local road.
D.
Deposit or allow to be deposited in the Township right-of-way any
substance that, alone or in conjunction with other factors, such as
weather, creates a hazardous condition on a Township road, including
but not limited to the following:
E.
Any act which intentionally or negligently results in a hazard or
obstruction to motorists or pedestrians on any local road.
F.
Disobey any instructions of a police officer or employee of the Township
of Weymouth with regard to the movement of persons or vehicles to
facilitate emergency activities.
A.
Because of a limited amount of resources available and competing
demands, it is necessary for the Township to determine how to allocate
its resources for snow removal. Accordingly, the Township will promulgate
a priority listing for snow removal on local roads, including reasons
therefor, which shall be on file at the Department of Public Works
or a designee shall have the authority to override the plan when unforeseen
circumstances arise which justify a change in procedure.
B.
Upon the declaration of a highway emergency, the Mayor or his designee
shall take whatever steps are prudent and necessary to ensure the
safety of the traveling public and remove the hazardous condition
or conditions as soon as practicable in the given circumstances.
A.
The Mayor, or in his absence, his designee, is authorized to declare
a highway emergency, when weather conditions, accidents, fires, or
other conditions require the avoidance of hazards or other conditions
which interfere with the free flow of traffic.
B.
The implementation and enforcement
of the provisions of this article are hereby declared to be administrative
acts and this article shall be read so as to give the Mayor the maximum
powers permitted by the law to administratively enforce this article
and perform all acts necessary and proper hereunder.
Any vehicle, substance or object placed or allowed in violation
of this article is hereby declared to be a nuisance. Said nuisance
may be abated by the Township of Weymouth or any other public entity
or a private contractor acting at the direction of the Township of
Weymouth or any other public entity, and all costs of labor and materials
for the abatement of such nuisance shall be borne by the owner of
the vehicle, or the owner of the property from which the nuisance
arose, or the person responsible for creation of the nuisance depending
on the circumstances. Neither the Township of Weymouth nor any other
public entity shall be liable for any property damage proximately
caused by abatement of said nuisance, unless said damage shall be
the result of gross negligence or willful misconduct by the Township
of Weymouth or other public entities.
Violation of this article may be punishable by a fine not to
exceed $500 and/or by imprisonment for a period not to exceed 90 days.
