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:
APPLICANT
Any person, persons, partnership, association or corporation
who makes application for a permit.
EMERGENCY
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.
ENGINEER
The licensed professional engineer duly appointed as Township
Engineer, or his authorized deputy, representative or inspector.
OPENING
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.
PERMITTEE
Any applicant, as defined above, who has been issued a permit
and is obliged to fulfill all the terms and conditions of this article.
PERSON
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.
ROAD
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.
TOWNSHIP
The Township of White, Warren County, New Jersey.
TRAVELED WAY
That portion of a road which, when constructed, is intended
to accommodate vehicular passage or travel.
UNIMPROVED ROAD
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.
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.
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.
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.
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.
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.
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.
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.