[Adopted 6-4-1976 (Ch. 64 of the 1977 Code)]
No person, persons, partnership, association or corporation
shall excavate, dig, test drill, tunnel, construct or reconstruct
or otherwise disturb any public street, road, highway, curb, sidewalk,
bridge, culvert, utility structure or other public improvement or
facility located within, over or under any public right-of-way, easement
or publicly owned property in the Township of White, for the purpose
of laying, changing, repairing, connecting, constructing or maintaining
any water, gas or sewer pipe or any electric, telephone, telegraph
pipes or conduits, or for any other purpose whatsoever, without having
first obtained a permit from the Township Engineer in accordance with
the rules, procedures and specifications hereinafter set forth and
without having first paid the required fees or posted bonds as required
by this article, unless specifically exempted.
The words, terms or phrases listed below shall, for the purpose
of this article, be defined and interpreted as follows:
Any person, persons, partnership, association or corporation
who makes application for a permit.
Any unforeseen and unexpected circumstance or occurrence
which causes a clear and immediate danger to persons or damage to
property and which requires immediate opening or repair.
The licensed professional engineer duly appointed as Township
Engineer, or his authorized deputy, representative or inspector.
Any excavation, removal, repair, construction, reconstruction,
drilling or tunneling within the rights-of-way of roads or easements
owned, regulated and within the responsibility of the Township, and
including excavation, drilling or cutting through pavement, curbs,
gutters, drainage facilities, sidewalks, shoulders, embankments, utility
lines or structures. Test holes of small diameter, whether drilled,
driven or cut, are to be considered "openings," except that one application,
one permit and one fee will apply to a series or group of such test
holes.
Any applicant, as defined above, who has been issued a permit
and is obliged to fulfill all the terms and conditions of this article.
Any natural person or persons, owner, partnership, firm,
association, utility, corporation or properly constituted authority,
and shall include, for purposes of this article, the developer-applicant,
agent, contractor, engineer or other person representing such person.
This is a general term and is a roadway, alley, highway,
easement or right-of-way, improved or unimproved, over which there
is a public right of passage.
The Township of White, Warren County, New Jersey.
That portion of a road which, when constructed, is intended
to accommodate vehicular passage or travel.
Any road whose traveled way is surfaced with cinders, dirt,
gravel or stone without bituminous or cement binder, or any road that
may exist within an approved major subdivision but which is not yet
accepted for ownership, maintenance or legal jurisdiction by the Township.
In the event of an emergency where repairs to existing facilities
must be made immediately and the person charged with the responsibility
for making the repairs would be unduly delayed or the health, safety
or convenience of the public might be adversely affected in seeking
a permit through hereinafter-specified channels, then and in that
event the opening may be made to remove, correct or repair the condition
causing the emergency without making prior application for a permit.
As soon as the emergency condition has been corrected and the emergency
no longer exists, the person having caused the opening to be made
shall forthwith apply for a permit and comply with all the other provisions
of this article. In emergency matters and in the absence of the Township
Clerk, a permit may be issued by the Mayor or a member of the Township
Committee or by such other Township employee, including the Street
Superintendent and Engineer, as the Committee may direct.
A.
Application for permit must be made on standard forms provided by
the Township Engineer and must be filled out completely in the number
of copies specified on the form and filed with the Township Clerk,
along with the required permit fee and other exhibits that may be
required either under the terms of this article or as outlined on
the form.[1]
B.
Drawings. The applicant shall file, along with the permit form, appropriate
engineering drawings, in triplicate, which show the following details:
(1)
Key map showing schematically the location of the proposed opening
relative to surrounding streets or other key landmarks.
(2)
Existing facilities such as pavement, curbing, sidewalk, driveways,
drainage culverts and structures, utilities in the working area.
(3)
Details of proposed opening and work to be done, including excavation,
plan, profile and appropriate sections of the opening and construction
details.
C.
Insurance.
(1)
Except as provided in § 266-12B relative to New Jersey public utility corporations, the applicant shall file, along with the permit form and as part of each application, a certificate of insurance, acceptable to the Township, showing that the applicant is covered by public liability insurance during the period required for the proposed improvement in the following minimum amounts:
(2)
Except as provided in § 266-12B relative to New Jersey public utility corporations, the applicant shall file, along with the permit form and as a part of each application, a certificate of insurance, acceptable to the Township, showing that the applicant is covered by workmen's compensation insurance during the period required for the proposed improvement.
D.
Save harmless agreement. The applicant shall file, along with the
permit form, an agreement in writing to save the Township harmless
from any loss, injury or damage whatsoever resulting from the course
of construction, whether directly or indirectly connected with the
work, or from any negligence or fault of the applicant, its agents,
servants, representatives or contractors in connection with the performance
of the work covered by the plans, and provide a separate insurance
rider to cover such a clause.
E.
The applicant shall file, along with the permit form, an estimate
of the cost of the improvement or opening work to be done and an estimate
of the starting and completion dates. Cost schedules are subject to
review and approval by the Engineer.
A.
Cash deposit. Unless otherwise provided for in this article under Subsection B below, the applicant shall deposit with the Township Clerk, along with the permit form and prior to the start of construction, a minimum sum of $50 with each application for each opening permit, plus an additional sum of 10% of the estimated cost of the improvement or opening as filed under § 266-6E. The moneys so filed shall be used to pay the cost of engineering, inspection, legal services, unrepaired damages or other legitimate costs to the Township assignable directly to the project. Within two months after completion and final approval of the project or opening, which also means two months after the expiration of the eighteen-month maintenance period specified in § 266-11E, all unexpended moneys remaining shall be returned to the applicant, except for an additional amount of $25, which shall be retained by the Township as its final application fee.[1]
B.
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit set forth in Subsection A, file a corporate bond on a yearly basis in an amount of $10,000. Such corporation bond would cover all construction operations of the public utility corporation within the Township, thereby exempting said utility from the necessity of filing cash or surety bonds for individual opening projects. However, such public utility corporations operating under the terms and protection of a corporation bond will still be required to make application for each opening permit, to file the minimum fee of $25 and to pay all costs to the Township as calculated under Subsection A above.
A.
Terms of permit. If all required exhibits and fees have been received
to the satisfaction of the Township Engineer, he will issue the opening
permit, which shall be in a form set forth and approved by the Township.
The permit shall contain the following data:[1]
B.
Renewal of permit. An opening permit may be renewed or extended for
a period of time not to exceed the total time of the original permit,
upon request of the permittee and upon payment of an additional fee
of $10.
C.
Opening permits issued under the provisions of this article are not
transferable.
D.
Expiration of permits. Permits issued under the provisions of this
article will expire at 12:00 midnight of the day indicated on said
permit or the day of expiration of any extension to said permit. Permits
may also be revoked at any time it is found by the Township Committee
that the permittee has failed to comply with the provisions of this
article or the permit, provided that written notice has been given
to the permittee of such failure and that permittee has failed to
correct the defect complained of in said notice. If after permit revocation
it becomes necessary for the Township either to complete the work
or to refill and repair the opening, the cost of such work by the
Township will be deducted from any deposit fees that may have been
paid by the permittee, or if a surety or corporation bond has been
given, then said bond will be declared to be in default to the extent
of said unpaid costs. Reinstatement of revoked permits will occur
only after favorable recommendation of the Engineer and Street Commissioner
and on majority affirmative vote of the Committee.
Except for emergencies, at least 72 hours before the permittee
plans to commence work under an opening permit, the permittee will
advise the Township Engineer, the Street Superintendent or the Street
Commissioner, or such other official of the Township as may be designated
by the Township Committee.
The work shall be done in an efficient and workmanlike manner and in accordance with the plans and specifications, using proper tools, machinery, materials and manpower to effect a quality and expeditious job. Failure to perform in a manner satisfactory to the Engineer according to the standards set forth herein may result in revocation of the permit as provided in § 266-8D. Where the Engineer deems it necessary for the protection of the public or for proper installation of the permittee's facilities, he may order a cessation of work by the permittee pending such action by the governing body, provided that such cessation order by the Engineer may in no event exceed three days in duration. Except under emergency conditions, the opening work will be conducted between the hours of 7:00 a.m. and 7:00 p.m., except Sundays and holidays (New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day), when no opening work will be permitted, unless otherwise permitted by the governing body.
A.
Supervision. The permittee will have a qualified supervisor at the
site of the opening work during all working hours.
B.
Inspection. The Engineer, the Street Superintendent, the Street Commissioner
or their authorized representatives shall be given access to the construction
site during progress of the work in order to observe and inspect the
work. All materials, including excavated materials, are subject to
inspection and approval by such Township officials. Where the planned
opening will be made through, adjacent to or near an existing public
utility facility, the permittee shall notify said utility company,
whose representative shall be given access to the construction to
observe and inspect that portion of the work involving said utility
facility.
C.
Removal of existing features. The existing pavement, blacktop or
concrete, shall be cut in a straight line or lines prior to any subsurface
excavation, which shall be confined to the area between the cuts.
If pavement, curbing, sidewalk or other surface construction becomes
damaged, ragged or zigzagged when it comes time to repave or replace
the facility, then the edges shall be cut or recut in a straight line
or lines to the satisfaction of the Engineer, in general parallel
to the lines of the excavated trenches and in a width sufficient to
accommodate the entire excavation and to create a smooth, finished
appearance when the construction is completed. When cutting through
reinforced concrete pavement, the saw cutting will be done in such
a way as to permit the exposing of existing reinforcement, which is
not to be cut but is to be exposed, retained and allowed to project
into the excavation at least 18 inches. These exposed bars will later
be reformed to tie into the patched concrete.
D.
Soil erosion and sediment control. Any land disturbance as defined
by the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et
seq.) shall be stabilized in accordance with standards and principles
provided therein. On embankments and slopes, the topsoil shall be
stockpiled and carefully replaced to at least a four-inch depth after
the opening has been properly backfilled. If insufficient topsoil
is available from the excavation, then the permittee shall bring topsoil
in and place same to the prescribed depth. The topsoil shall be raked
and shall be stabilized with permanent vegetative cover in accordance
with standards of the aforesaid ordinance. The permittee will be responsible
for turf growth through two mowings.[1]
E.
Backfilling. After the required work or construction has been completed
in the open excavation, the backfilling shall be done using imported
dense graded aggregate base course or other imported materials approved
by the Township Engineer. In placing the backfill, the permittee or
his contractor shall use a mechanical or vibrating tampering device
or machine to place the fill in maximum six-inch compacted lifts.[2]
F.
On unimproved (unpaved) roads and shoulders, the backfill shall be
brought up to within seven inches (after compaction) of the existing
surface grade. There shall then be placed five inches of two-and-one-half-inch
crushed stone ballast, which shall be bound on top only with Grade
B screenings, or bank-run gravel, quarry-blend stone or slag and thoroughly
compacted. The remaining two inches shall be three-fourths-inch crushed
stone, quarry blended, with sufficient fines to make a tight, stable
surface.
G.
On improved (bituminous pavement) roads, the backfill shall be brought
up to a level within six inches of the top of the original pavement
wherein a base course consisting of four inches (compacted thickness)
of hot mix asphalt 19M64 base course and a surface course consisting
of two inches (compacted thickness) of hot mix asphalt 12.5M64 base
course shall be placed. The material and workmanship for this construction
shall be in accordance with the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, dated 2007,
and all amendments thereto. These requirements shall be considered
the minimum for repaving over bituminous paved street and road openings.[3]
H.
On improved roads (portland cement concrete pavement), the backfill
shall be brought up to a level, relative to the original pavement,
where a proper and complete concrete surface pavement can be reconstructed
at least to the total thickness of the original pavement, and provided
further that a minimum of eight inches of concrete pavement shall
be reconstructed. Reinforcement, using No. 3 longitudinal reinforcement
bars spaced six inches center to center, shall be set in the new concrete,
overlapping with the old exposed bars and at the same approximate
vertical positioning. End surfaces of existing concrete pavement are
to be thoroughly cleaned, soaked with water and coated with a brush
coat of neat cement prior to placing new concrete in contact with
same. Concrete shall be Class B conforming to the requirements in
the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, dated 2007, and all amendments thereto.[4]
I.
Shoulders. Where shoulders are unimproved, backfilling and surface repairs shall be as specified for unimproved roads, Subsection F above. Where shoulders are of bitiminous pavement, the provisions of Subsection G above shall apply. Where shoulders are of portland cement concrete, the provisions of Subsection H above shall apply.
J.
Curbs, gutters, sidewalks, driveways, etc. Where the opening involves
cutting through existing curbs, gutters, sidewalks, driveways and
any other surface structures, the permittee or his contractor shall
rebuild or replace such surface structures as closely as possible
duplicating the original as to dimensions, grade, appearance and materials.
Curbs, gutters, and sidewalk shall be constructed with Class B concrete
conforming to the requirements of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, dated 2007,
and all amendments thereto.[5]
K.
Existing pipes, utilities, subsurface structures. Any existing subsurface
pipes, utility lines, drains, foundations, abutments, inlets or other
structures that may be disturbed, damaged or removed during the necessary
opening work are to be replaced, reconstructed or repaired under the
direction of the Engineer and the appropriate officials of the utility
company whose facility may be involved. Such replacement, reconstruction
or repair shall be made using materials, methods and standards of
workmanship at least equal to those of the existing feature, or in
the case of a public utility facility, to the standards imposed by
said utility. Caution and care shall be exercised by the permittee
not to disturb such existing structures or facilities exposed by the
opening and found to be in or adjacent to the opening.
L.
Other ordinances. If and when the Township may have adopted other ordinances detailing standards or specifications for the construction of any structures or facilities covered by Subsections C through K above, then such ordinance provisions shall govern the standards to be applied for openings or excavations under this article.
M.
Temporary surfacing. Pending the actual repaving or reconstruction
operations stated above, the permittee or his contractor shall provide
a temporary pavement or surface over the compacted refilled opening,
of such material as shall be approved by the Engineer. The contractor
shall maintain, refill and temporarily repave said surface from time
to time as may be required by the Engineer or Street Superintendent
until a permanent pavement has been constructed, to provide a properly
graded traveling surface. Where a bituminous concrete temporary pavement
is indicated and warranted, as determined by the Engineer, such temporary
pavement shall be constructed two inches thick of hot mix asphalt
9.5M64 surface course or equivalent material approved by the Engineer.[6]
N.
Tunneling. In cases where it becomes necessary to resort to tunneling
operations to accomplish the opening work in a most practical way,
then the backfill in such tunnel shall be rammed soil composed of
a mixture, by volume, of one part cement to six parts of aggregate
material such as sand or three-fourths-inch quarry-blend stone. Tunneling
shall be permitted only with the approval of the Engineer and when
the need for tunneling is indicated on the application for permit.
Jacking or drilling is not considered to be tunneling.
O.
Jacking and drilling will be permitted when the need is indicated
on the application for permit and when the Township Engineer certifies
that in his opinion other existing structures or utilities will not
be disturbed or damaged thereby.
P.
Blasting. No blasting shall be allowed unless approved by the Engineer.
Blasting work shall be done only by an experienced and, where required,
licensed dynamiter, and only after all required safety precautions
have been taken and other necessary permits, if any, obtained. The
Engineer may require the permittee to give such notice as the Engineer
may designate to property owners in the area whom the Engineer indicates
may be affected by the blasting.
Q.
Surplus materials. The permittee or his contractor shall remove all
surplus or unusable fill, debris and other materials from the jobsite
at his own expense. The area shall be left cleaned up at the end of
the work, to the satisfaction of the Engineer or Street Superintendent.
Machinery, vehicles and tools of the contractor shall be promptly
removed from the jobsite when the work has been completed.
A.
Safety precautions. The permittee and his contractor shall keep all
openings, all excavated materials, and all other machinery, tools,
or other materials properly guarded and shall place and maintain barricades,
temporary fencing, guards, or other appropriate warning devices at
all times during the progress of the work. The permittee and contractor
shall comply at all times with applicable state safety regulations.[1]
B.
Cleanliness. If dust, dirt, air pollution, poor housekeeping or detrimental
materials are allowed to exist, occur or continue as a result of the
work to the point where the public is unduly inconvenienced or disturbed
in the opinion of the Township Committee, the Engineer or Street Superintendent,
the Engineer may stop the work until the situation complained of is
eliminated. Streets are to be kept broom-cleaned on a daily basis.
If dust persists, streets may be required to be hosed clean, and the
Engineer may direct the permittee or his contractor to spread dust-inhibiting
chemicals.
C.
Maintenance of traffic. At all times during the course of construction,
at least 1/2 of the traveled way shall be kept open for public vehicular
travel, unless the permittee or his contractor provides a suitable
detour which is approved in advance and marked in accordance with
the approvals granted by the State Police and Township Engineer. The
permittee shall at all times make provision for local residents to
have access to their properties and shall maintain the roadway and
adjacent areas free from needless obstruction. During all working
hours that single-line traffic is necessary, the permittee shall provide
a flagman. No length of street, road, shoulder or embankment shall
be left open at any one time in excess of 500 lineal feet.[2]
D.
Protection of private property. Prior to starting work on the opening,
it shall be the responsibility of the permittee to advise each nearby
or adjacent property owner whose property will be temporarily inconvenienced
or disturbed by the project as to when the work will be commenced
and what effect the work will have on the owner's use of his property.
The permittee will be solely responsible for any damage, inconvenience
or disruption to nearby or adjacent properties and will save the Township
harmless from any claims arising from the conduct of the work. It
will be the permittee's obligation and responsibility to arrange for
any rights of entry or easements needed. The permittee shall not store
tools, machinery, materials, dirt or debris on private property, nor
use water, electricity, telephone or other private facilities, without
first obtaining permission from the property owner.
E.
Maintenance of newly reconstructed surface facilities. The permittee
assumes the responsibility of refilling the excavation as it may sink,
consolidate or break out from time to time, whether the repair be
temporary or permanent, and keeping the surface level and smoothly
blended with the surrounding undisturbed pavement. After permanent
repavement and approval by the Township, the permittee shall be responsible
for maintaining the opening site for a period of 18 months, refilling,
compacting, repaving, repairing damage, restoring turf or shrubbery,
all as directed by the Engineer when necessary, and in the case of
undue trench settlement, may be required to reopen the trench or excavation
to ascertain the cause of undue settlement and to remedy the fault,
all as required by the Engineer.
A.
Final release. All openings made and restored under terms of this article and any permits issued shall be subject to final release and acceptance in writing by the Engineer. No deposit money shall be returned or bond released until after said written release has been effected. This release will not normally be effected until the expiration of the 18 months' period specified in § 266-11E.
B.
Exemptions.
(1)
The provisions of this article shall not apply to any person, partnership, firm, corporation or contractor making openings or doing construction, repair or reconstruction work as defined herein on Township roads, public improvements, public property, easements or facilities under or in pursuance of a contract entered into between such person, partnership, firm, corporation or contractor and the Township, insofar as this article applies to fees, bonds or other deposits mentioned or to applications for permits as covered in §§ 266-3, 266-5, 266-6, 266-7 and 266-8 herein. Sections 266-4 and 266-10 herein shall apply to such work done under contract with the Township, and these sections shall be construed as being included in all contract provisions for work involving openings. The provisions of this article also shall not apply to work being done on openings in the Township by work forces of the Township.
(2)
The provisions of this article shall not apply to opening work involved
within the rights-of-way of roads or easements owned, regulated and
within the responsibility of the County of Warren or the State of
New Jersey or their various departments, bureaus or agencies.
(3)
The provisions of this article shall not apply to the installation,
erection, replacement or maintenance of wood utility poles for electric
distribution, telephone or telegraphy installations, nor to such other
appurtenances, such as stub poles, anchors, guys or ground lines,
incidental to these poles, where such poles and appurtenances belong
to any of the franchised public utility companies operating within
the Township.
(4)
Major subdivisions. The provisions of this article shall apply to
openings involved within newly developed major subdivisions in the
Township whenever it is intended that the Township will accept the
roads, easements or utility facilities within the Township street
system or for Township maintenance and responsibility, except that
whenever the subdivision construction work, including such proposed
openings, is covered under a surety or performance bond arrangement
or a cash deposit as a condition imposed for subdivision approval,
then no additional deposit arrangement or permit procedure will be
required under this article.
C.
Filing of plans. At the conclusion of the work, the permittee shall
file with the Township Clerk three sets of as-built plans or drawings
showing dimensionally all subsurface facilities as finally located
and installed and also showing changes, if any, made to surface features.
Revisions made to old plans by the permittee, previously filed, will
be annotated and dated for any new opening revisions.
D.
Penalties. Any person who shall violate any of the provisions of
this article shall, upon conviction thereof, be punished by a fine
of not more than $500 or by imprisonment in the county jail not exceeding
90 days, or both.
