[Adopted 6-16-2003 by Ord. No. 2003-16[1]]
This article may be cited as the “Street
Openings and Excavations Ordinance of the Township of Woolwich.”
It shall be unlawful for any person, partnership,
association or corporation to cut, break into, excavate or open any
road, street, avenue or highway in the Township of Woolwich, or any
portion of the right-of-way, without first making written application
to the Township Clerk stating the kind, character and purpose of the
proposed excavation or opening and such other information which may
be reasonably required to fulfill the requirements of this article.
Applications shall be accompanied by six copies of a scaled plan,
showing its location and size, and all construction details to be
distributed, copies to the Township Engineer, and the final copy to
be filed with Township. There shall be obtained from the Clerk a permit
for each and every opening.
Permits shall be issued, subject to the terms
hereof, by the Clerk upon the approval of the application by the Township
Engineer, which approval shall be given if the application and plans
conform to the requirements of this article and provide for the work
to be performed in accordance with Woolwich Township ordinances and
the current New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction. The permit (application and plans)
must be signed by both Township Clerk and Township Engineer to be
valid.
Upon review and approval of the permit (application
and plan), with any necessary revisions, the Township Engineer shall
return three signed sets of same to the Township Clerk, and the Township
Clerk shall, after signing the permit, distribute same as follows:
The permit for street opening shall be valid,
as prescribed herein, for a period of one year from the date of issuance.
All proposed work and all temporary and permanent repairs shall be
completed in this one-year period.
A.
The proposed construction shown on the permit (application
and plan) shall proceed, during the one-year permit period, in accordance
with the following phase sequence.
|
Time Frame
(month)
|
Actual Time
(months)
|
Activity
| |
|---|---|---|---|
|
0 to 2
|
2
|
Proposed construction and all temporary repairs
to be completed
| |
|
2 to 6
|
4
|
Time period to allow disturbed subsurface soil
to settle and/or compact
| |
|
6 to 7
|
1
|
Temporary repairs removed and permanent repairs
completed
| |
|
7 to 12
|
5
|
Time period for permanent repairs to be tested
and inspected
|
B.
The one-year permit validation period may be changed
or revised as may be necessary when recommendation by the Township
Engineer is reviewed and approved by the Committee.
Before an issuance of any street opening permit,
fees and a cash security performance deposit shall be received in
the offices of the Township Clerk as follows:
A.
The application fee shall be $100. The application
review fee deposit shall be $300.
B.
The applicant must post a cash performance guaranty
in the amount of $50 per square yard of trench excavation, with the
minumum performance guaranty being not less than $750.
C.
The escrow inspection fee to be paid upon filing an
application for a utility openings permit for the improved roads shall
be based on the following:
F.
No fee shall be charged for a permit to construct
a curb on any street unless such construction will result in damage
to the street surface. In such an event, an escrow fee shall be determined
by the Inspections and Approval Officer in such amount as shall be
required to pay the cost of repairing the surface of such street by
Woolwich Township should the permittee fail in his responsibility
to repair the road surface as required. Curbing broken or removed
during the installation of utilities covered under a utility opening
permit shall he repaired or replaced by the permittee. The cost of
the repair shall be borne by the permittee. Should the permittee fail
to repair curbing broken by his activities, Woolwich Township shall
repair the curb and assess the permittee for all costs incurred.
G.
In the event that the Inspection and Approval Officer
determines that any excavation for which a permit has been issued
is of greater dimensions than those stated in the permit, or if the
Inspection and Approval Officer determines that any street surface
has been damaged in connection with the constructions of curbs and
such damage has not been repaired, then and in either case the Inspection
and Approval Officer shall notify the applicant, who shall pay any
additional fee and post any additional bond as required forthwith
and before continuing any further work in connection with such excavation
or construction.
H.
In all cases where the forgoing bonds are posted,
the permittee shall restore the surface of the street upon the completion
of the work by the permittee in accordance with the provisions of
this section. Upon verification of completion of the restoration of
the street surface by the Inspection and Approval Officer, and a six-month
maintenance period, the bond fees shall be released to the permittee.
Any unused escrow fees shall be returned to the permittee.
[Added 7-21-2003 by Ord. No. 2003-22]
A.
Every contractor must supply proof of insurance coverage
to Woolwich Township prior to obtaining any permit.
B.
Every contractor shall provide an insurance certificate
to the Township naming the Township of Woolwich and its Engineer as
an additional named insured on the policy.
C.
The minimum amount of liability insurance required
shall be $100,000 with a maximum amount of liability insurance of
$300,000. The Township Engineer shall have the sole discretion to
determine the amount of liability coverage required above the $100,000
minimum limit based upon the scope of the work to be completed.
All permits issued under this section shall
be subject to the following rules and regulations and requirements:
A.
Every permittee shall keep each opening properly guarded
and shall backfill and close open trench areas by the end of each
workday. Restoration with bituminous stabilized base material must
occur within 24 hours of opening the trench. Under no circumstances
will trenches be left backfilled to grade with stone or similar material
for more than 24 hours. Additional devices shall be installed by the
applicant as required by the Inspection and Approval Officer. All
work done under any permit shall be done in such a manner as to cause
a minimum of interference with travel along the affected street. No
street shall be closed to traffic unless specific permission therefor
has been granted by the Inspection and Approval Officer and proper
notification has been provided to the Woolwich Township Police Department
and all emergency service agencies.
B.
Each permittee shall, as a condition of accepting
any permit issued hereunder, save, hold and keep harmless and indemnify
the Township of Woolwich, its officers, and agents against any claims,
demands or expense arising out of any suit or claim for damage or
injury alleged to have been sustained as a result of any work done
under such permit.
C.
Upon application being made therefor, the Inspection
and Approval Officer may extend the time during which any permit shall
be valid for such a period as the Inspection and Approval Officer
deems it advisable. In the event that the work required to be done
by a permittee shall not be completed within the time stated on any
permit or any extension thereof, then the Inspection and Approval
Officer may complete the work required to be done by the permittee
and restore the surface of the street affected. The permittee shall,
upon demand, pay Woolwich Township the cost of completing such work
as the permittee is required to do under this section, and such amount
may be recovered by Woolwich Township in a court of competent jurisdiction.
D.
No work for which a permit is issued hereunder shall
be conducted in such a manner as to interfere with any water main
or sewer line or any connection from either of the same to any building,
unless specific permission to interfere with such main or line is
obtained in advance from the Inspection and Approval Officer. No excavation
which may result in damage to or destruction of any trees or shrubbery
or any Woolwich Township property shall be made unless specific permission
therefor is granted by the Inspection and Approval Officer prior to
the work being done.
E.
Every permittee shall completely backfill any excavation
made and replace as much as possible of the material excavated. Such
material shall be compacted by rolling, tamping or other suitable
means as directed by the Inspection and Approval Officer. Any additional
backfill material required shall be furnished by the permittee. In
any case where the Inspection and Approval Officer determines that
the excavation material is unsatisfactory for backfill, the permittee
shall backfill the excavation with sand, gravel or other approved
material, which shall be placed in layers not exceeding six inches
in depth, moistened and thoroughly compacted as directed by the Inspection
and Approval Officer as to achieve minimum 95% modified proctor density.
Upon completion of the work, the permittee shall remove any excess
material and leave the premises in a clean condition. Upon determination
of the Inspection and Approval Officer that any backfilled excavation
has settled or caved in, the permittee shall promptly upon notice
of such determination continue backfilling as above described until
the Inspection and Approval Officer determines that the settlement
is complete.
F.
In the event that tunneling operations shall be required
to reach a point of connection with any main line, the backfill in
any such tunnel shall consist of rammed cement concrete or flowable
fill material.
[Amended 3-16-2020 by Ord. No. 2020-05]
A.
Excavation and reconstruction .
(1)
The New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction (latest edition), with all amendments
and supplements by NJDOT, shall govern all work performed under permits
issued by Woolwich Township, except as supplemented and outlined below
and elsewhere in this policy.
(2)
All applicants shall contact the New Jersey One Call Center (811
or 1-800-272-1000) prior to any excavation in a Township right-of-way.
(3)
The excavated material from the trench opening shall not be used
for backfill unless the material is approved by the Township Department
of Public Works (DPW).
(4)
Flowable backfill material shall be required for backfilling of all
road openings in the pavement area, or other areas at the discretion
of the DPW. Flowable backfill, also known as "controlled low-strength
material (CLSM)," shall conform to and be constructed according to
NJDOT specifications. All trenches shall be filled to within eight
inches of final grade. The remaining eight inches shall be filled
with stabilized base course placed in three layers to the existing
grade. After a ninety-day settling period, the top two inches of the
base course shall be milled and final paved with top course as directed
by the DPW. Alternate backfill materials such as 15:1 dry mix are
prohibited without prior written approval from the DPW.
(5)
Backfill material, when placed in the trench outside the limits of
paving, shall be deposited in layers and compacted in such a manner
and by such methods as to achieve 95% standard proctor density throughout
the entire area to be backfilled. The maximum thickness of each layer
shall not exceed eight-inches loose measurement unless it can be demonstrated
that lifts exceeding eight inches meet the minimum 95% compaction
requirement. The DPW may require the permit holder to perform in-place
density testing to ensure the backfill meets specified requirements.
(6)
Pavement restoration will require that a tack coat be applied to
all vertical and horizontal surfaces of the opening for the stabilized
base. A tack coat shall also be applied to the horizontal joints after
the final two inches of top course material are placed.
(7)
No greater area shall be excavated than can be backfilled and completed,
including pavement restoration, in a normal road working day (8:00
a.m. to 4:00 p.m.).
(8)
Paved roadway surfaces shall be saw cut vertically to the full depth
of the existing pavement on a straight line before excavating. The
surfaces shall be cut in such a manner that lifting of pavement adjacent
to the trench will not occur during excavating. Any concrete encountered
shall be saw cut and all bars cut flush with the edges of the concrete.
Roadway surfaces beyond the limits of the trench cuts shall not be
disturbed. All trench excavation must be in accordance with OSHA.
Prior to paving, the applicant shall be responsible for the adjusting
or for arranging for the adjustment of all facilities, such as manholes,
inlets, utility boxes, etc., so that they will conform to the cross
slope of the restored surface of the roadway.
(9)
The DPW, at its sole discretion, may require that any portion of
a trench be re-excavated and restored in accordance with provisions
contained herein until the expiration of the period of maintenance.
(10)
All openings beyond the shoulder areas shall be brought to grade
with compacted backfill. After a minimum of six months, a minimum
thickness of four inches of topsoil shall be constructed in the trench
area and seeded, fertilized, and mulched or sodded. Should a proper
growth not be achieved after one month, the area shall be refertilized,
reseeded and remulched or resodded as necessary.
(11)
Repair of Township facilities, other than pavements, shoulders,
or lawn areas which are disturbed as a result of work performed under
the permit shall be required by the DPW. When work is to be completed
on a Township road or intersection that impacts the existing signing,
striping, raised pavement markers or traffic signal system, it is
the applicant's responsibility to contact the Township DPW for
mark out of existing facilities in the roadway. Any damage to these
facilities must be repaired to the satisfaction of the DPW. In the
event that the one or both of the center-line markings of the roadway
are disturbed or damaged, both center-line markings shall be replaced.
All restoration required by this section shall be done in conformance
with the current standards. Any excavations or openings within the
Township right-of-way must be restored to as good or better condition
as existed prior to the commencement of work.
(12)
Mill and overlay requirements.
(a)
The DPW may direct the milling and overlay of newly trenched
areas, full width of the road, if the trench is irregular in shape,
and/or multiple openings are within close proximity to one another.
The limits of the mill and overlay shall be from the beginning of
the first opening to the end of the last opening.
(b)
Mill and overlay of the width of the entire lane is required
if the trench is longitudinal along the travel lane. Full width mill
and overlay of the entire road is required along longitudinal trenches
with nonuniform width and/or with multiple crossings to prevent erratic
travel of motor vehicles.
B.
Final restoration. For all openings in a paved roadway, either of
the following reconstruction methods may be used:
(1)
The flowable fill backfill material shall be placed to within 12
inches of the existing grade. A subbase of six inches of dense-graded
aggregate shall be placed and compacted, and then a layer of four
inches of stabilized base shall be placed and compacted. The remaining
two inches shall be filled with a cold patch material. After a minimum
settling period of 90 days, the cold patch material shall be removed
and replaced with the final paving as directed by the DPW. All vertical
and horizontal joints shall be tack coated.
(2)
In lieu of the six inches of dense graded aggregate, six inches of
stabilized base course, placed in two lifts and compacted, may be
used, and the two inches of cold patch placed thereon. After the ninety-day
settlement period, the temporary material shall be removed and replaced
with the permanent paving at the direction of the DPW. All vertical
and horizontal joints shall be tack coated.
(3)
Traffic stripes or markings, such as edge lines, stop lines, center
lines, crosswalks, arrows or word messages, etc., shall be replaced
immediately after the temporary pavement is placed. Latex paint may
be used for temporary striping. Alkyd base thermoplastic shall be
used as the final striping material. Thermoplastic shall be installed
at 125-mil thickness. Glass beads shall be applied on the top of the
thermoplastic traffic stripes and/or markings. Installation methods
and thermoplastic materials shall be in accordance with specifications.
When the final pavement restoration is complete, the final pavement
markings shall be placed at the direction and approval of the Township.
No permits shall be granted on a newly improved
Township road for a period of five years except in cases of emergency.
Emergencies shall include utility repairs and any other emergency
certified by the Township Committee, Construction Code Official, Manager
and the Township Engineer or Public Works Director.
“Improved road” shall mean any Township
road surfaced with existing asphalt, concrete, bituminous concrete,
or similar pavement. Minimum standards for improved roads shall be
six inches of dense graded aggregate or soil aggregate, (I-5), four
inches of bituminous-stabilized-concrete base course (Mix I-2) and
two inches of FABC (Mix I-5) surface course.
[1]
Editor's Note: Former § 159-13.1, Backfilling and
repaving, was repealed 3-16-2020 by Ord. No. 2020-05.
A.
If the Township completes either temporary or permanent
repairs following a street opening, all costs incurred by the Township
shall be deducted from the cash security performance deposit along
with new filing fee and new engineer inspection and review fees. Costs
for such repairs shall include but shall not be limited to all labor,
wages, supervision, equipment, materials, gas, oil and advertising.
B.
If the Township completes both temporary and permanent
repairs, the entire cash security performance deposit shall be made
available to a cost incurred by the Township to affect said repairs
with the balance of deposit, if any, to be credited to the general
revenues of the Township. The holder of the permit shall be considered
to fault on the permit when the applicant fails to make needed repairs
within 10 days after written, regular mail, notification from the
Township Clerk. After a permit is in fault, the Township shall make
all necessary repairs without any further notification to the holder
of the permit.
Unless written permission is obtained from the
Township Clerk, no permit holder shall be allowed permission to cut,
break into, excavate or open a road, street, avenue or highway for
a greater distance than 300 feet at one time, or keep the same open
for a longer period than one week. For all the period during which
such road, street, avenue or highway is being cut, broken into, excavated
or opened by the permit holder, there shall be provided by the permit
holder a space of street level of at least 10 feet in width for the
purpose of allowing vehicles free and unimpeded use of the same. In
no event shall a permit be valid for a period of time in excess of
60 days after its issuance without the written approval of the Township
Clerk.
All cuts, breaks, excavations or openings shall
conform in size to the application on which the permit is based and
shall be performed in neat, even and rectangular sections. All excavations
to a depth of six feet or over, and such other excavations as may
be required by the Township Engineer, shall be shored and braced to
support the walls of the trench for the protection of workmen and
to prevent the unintentional widening of the trench.
All permit holders shall, whenever any cut,
excavation or opening would be dangerous if left exposed, erect a
suitable barricade or railing around the same in such manner as to
prevent danger to pedestrians or vehicles and place upon such fence
or railing and upon any building materials and appliances suitable
and sufficient warning lights during the period of darkness.
All permit holders shall keep the area of their
work clear of dirt and debris at all times and shall carry away and
dispose of excess dirt, debris and other materials resulting from
their work.
All monies received hereunder by the Township
Clerk shall be accounted for and deposited with the Township Treasurer.
In case of any emergency involving any underground
gas, water, sewer, telephone or electric facility, where immediate
repair is imperative to prevent loss or damage to streets or property
or discontinuance of service, it shall not be necessary to obtain
a permit before commencing such repair, but such permit shall be obtained
within two days thereafter, and this section shall not be held or
taken in any case to exempt the person, partnership, association or
corporation repairing said facility from any other of the provisions
of this article.
The terms of this article shall not apply to
a street in any subdivision approved by the Township of Woolwich Planning
Board prior to acceptance of said street for maintenance by the Township.
A.
Any person to whom a permit is issued who fails to
provide the appropriate notices to either the Township Clerk, the
Township Engineer or any Township employee charged with the responsibility
of inspecting said street opening shall be required to reimburse the
Township of Woolwich for any and all costs incurred in correcting
any deficiencies in the street opening or the subsequent repair of
same.
B.
Any person violating or failing to comply with any
of the provisions of this chapter shall, in addition to the liability
as set forth above, upon conviction thereof, be subject to a fine
of not less than $500 and may be imprisoned for a term not to exceed
90 days at the discretion of the Municipal Court Judge. Each day such
violation is committed or permitted to continue shall constitute a
separate and distinct offense and shall be punishable as same.
