[Adopted 7-27-1987 by Ord. No. 1987-7 (Ch. 228, Art. IV,
of the 1995 Code)]
A.
No person, persons or corporation, municipal or private, nor any
utility company, public or private, shall for any purpose open, tear
up, excavate, bore, tunnel or drive under or in any way impair the
surface or subsurface, within the limits of the right-of-way, of any
Township road or street in Riverside Township without first obtaining
a road opening permit from the Riverside Township Clerk. For purposes
of this article, a "public utility" shall mean New Jersey Bell Telephone
or Public Service Electric and Gas Company.
B.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any work done by the
Township or under a contract with the Township for the construction
of water lines, sewer lines or street improvements.
C.
No person or corporation shall be issued a road opening permit until
he presents satisfactory proof in the form of a written statement
from the person or corporation engaged in the distribution or submission
of manufactured, mixed or natural gas or synthetic natural gas, liquefied
natural gas or propane gas in the area of the proposed road opening
that said applicant has complied with the requirements of N.J.S.A.
2A:170-69.4 through 2A:170-69.6 which provide, among other things,
that said applicant give to any person or corporation in the distribution
or transmission of the aforesaid gases in the area of the proposed
excavation written notice of the proposed excavation and ascertain
from such person or corporation the location of all such gaslines
or pipelines within 200 feet of the proposed excavation.
A.
Form. Application for a permit shall be made in writing on forms to be prescribed by the Township Clerk and filed at least one week prior to the proposed commencement of any work. No work may 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 before the permit is granted. The public utility applicant shall submit a copy of the application for an excavation permit to the Township Engineer, who shall calculate the fee(s) to be deposited pursuant to §§ 384-18 and 384-25 of this Code. The Township Engineer shall inform the Township Clerk and the applicant, in writing, of the amount of the fee to be deposited for the required fee as calculated by the Township Engineer.
B.
Emergency conditions. In the event that an emergency condition exists
requiring immediate action by any person requested to obtain a permit
pursuant to this section, the person may immediately cause the roadway
to be entered and emergency measures taken without first obtaining
a permit, provided that:
(1)
A true emergency exists and the person calls the police who shall
log the call. The Township has the right to issue a stop-work order.
(2)
A permit is applied for and received within 24 hours of the road
opening or on the next business day, whichever is more practical.
(3)
All work is performed in accordance with the provisions of this article.
(4)
No road opening shall be permanently paved until authorized by the
Township or its representative.
C.
Waiver. When the opening is less than 50 feet long or 75 square yards,
the Township Clerk may waive the requirements of the submission of
plans.
D.
Reference. Prior to the issuance of a permit, copies of the application
therefor may be referred to the Township Engineer who shall note any
objections to the issuance of a permit or any conditions to be imposed
on the application within five working days. All objections and all
conditions shall be satisfied or shall be imposed as conditions upon
the issuance of the permit as appropriate.
E.
Applicant. The applicant must be a contractor, either corporate,
individual or partnership, who will be actually engaged in the performance
of the road opening work under the permit or who will be directly
responsible 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 the behalf of the owner for whom the work
is being done and shall be countersigned by such owner. Permits will
not be issued directly to private owners or developers without specific
written approval of the Township Committee or its authorized representatives.
F.
Agreement. The owner shall agree, as a condition of the issuance
of a permit, that any facilities, pipes or poles or other object to
be installed within the Township right-of-way pursuant to the permit
shall be promptly relocated at the owner's expense, except when otherwise
provided by law, as required by the Township of Riverside, to accommodate
the installation of Township facilities. Such agreement shall be in
writing and contained on the face of the application form and permit.
A.
Generally. The New Jersey State Department of Transportation 1961
Standard Specifications for Road and Bridge Construction, with all
amendments and supplements, shall govern all of the work performed
under Riverside Township road opening permits, except as supplemented
below:
(1)
No Township road shall be closed to traffic without the prior written
consent of the Township Committee. In the event that a road is closed,
uniformed police may be required to act as traffic directors, and
the proper traffic control devices shall be erected and maintained
in accordance with standards described in the Manual on Uniform Traffic
Control Devices, 1971 Edition. All costs of providing uniformed police
shall be the responsibility of the applicant/contractor. Any work
under an issued permit must be commenced within three months from
the date of issue and completed within three months from commencement,
or said permit shall be deemed void and reapplication shall be required.
(2)
Work commenced under a permit shall be continued without interruptions
during normal working hours until completed.
(3)
The applicant shall notify the Township Clerk and Township Engineer
24 hours in advance of the actual commencement of any work under a
permit.
B.
Guard. The applicant shall keep the excavation properly guarded both
day and night and shall have lights, barriers and adequate safety
devices as described in the Manual on Uniform Traffic Control Devices
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with traffic along the Township
street or road, and no greater part of any such street or road shall
be opened than shall be set forth in the permit.
C.
Minimum cover. All utilities shall be constructed with a minimum
of four feet of cover to provide protection for the utilities in the
event that future Township road construction, repair or modifications
necessitate excavation, undercutting or installation of facilities
in the area where the utility is located. This location will in no
way relieve the utility owner of the responsibility of relocating
said utility at said owner's expense in case of conflict with future
construction, reconstruction or modification of related facilities,
except as otherwise specified herein. The aforementioned four-foot
minimum cover may be waived by the Township Engineer if the applicant
prepares and files certified plans indicating the location, extent
and depth of the facilities and said plans are approved by the Township
Engineer. This subsection shall apply only to new construction.
A.
Insurance. The applicant shall present evidence satisfactory to the
Riverside Township Committee or its designated representatives of
insurance sufficient to indemnify and save harmless the Township,
its agents and servants against and from all suits and costs of every
kind and from all damages resulting from negligence or from any phase
of operations performed under the permit. Said insurance shall provide
limits of not less than $300,000 of liability coverage per individual
and $500,000 per accident.
B.
Security.
(1)
The Riverside Township Clerk shall not issue a permit unless the
applicant has deposited, as security for faithful performance, a certified
check made payable to the Treasurer of Riverside Township or filed
a bond with surety satisfactory to the Township Attorney, the amount
thereof to be based upon the security deposit fee schedule as contained
in the schedule of charges and fees as hereinafter provided. A public
utility applicant may, in lieu of the security required by the first
sentence of this subsection, deposit a surety bond or self-insurance
certificate in the amount of $10,000, said certificate or bond to
be annually renewed. In the event that the public utility applicant
applies for a permit for a road opening and the security deposit fee
set forth in the first sentence of this subsection exceeds said $10,000,
the public utility applicant shall file a surety bond or self-insurance
certificate in an amount equal to the difference between the $10,000
and the first sentence security deposit fee. For all nonpublic utility
applicants, the surety bond shall not be less than $500, but the amount
of a certified check may be less.
(2)
The applicant shall also pay, by separate money order, certified
check or, if the applicant is a public utility as herein defined,
by a corporate check a nonrefundable application fee as stipulated
in the fee schedule. Applicants other than a public utility shall
pay, by separate money order or certified check, a refundable escrow
deposit fee for inspection and professional services as set forth
in said schedule. The unused portion of the escrow deposit shall be
returned, plus any earned interest. Should the escrow deposit fee
account at any time become insufficient to cover the actual or anticipated
inspection and professional expense, said fund shall be subject to
increase on demand.
(3)
Upon satisfactory completion of all work permitted or required under
the permit for extensive openings, the Township of Riverside will
retain 100% of the security deposit as security for maintenance of
said work for a period not to exceed one year from the date of completion,
if said security deposit is $2,000 or less. If the security deposit
is less than $2,000 and is a certified check, the applicant may deposit
a two-thousand-dollar surety bond, satisfactory to the Township Attorney,
in lieu of said certified check. If the security deposit is greater
than $2,000, then the Township will release or refund 60% or more,
with the approval of the Township Engineer, of the security deposit,
and a surety bond may be deposited for the maintenance. All bonds
and certificates of insurance shall contain a provision that the same
shall remain in full force and effect for a period not to exceed one
year after the last work under any permit has been completed and accepted
by the Township. Within six months after satisfactory completion of
all work permitted or required under the permit for small openings,
the Township will release the full amount of the security deposit.
(4)
The Township shall pay from the escrow deposit fee any costs incurred
by its designated representatives or professional consultants for
inspection or other engineering services or legal fees required in
connection with the proposed opening or excavation at the rates established.
C.
Public utility corporations may, if so desired, file an annual bond
in an amount to be determined by the Township Engineer and/or Township
Attorney, but in no event less than $2,500, to cover the costs of
replacing or repairing any street surface. The filing of such a bond
shall in no way relieve any obligations as to obtaining a permit for
each opening or excavation.
[Added 11-23-1987 by Ord. No. 1987-16]
The Township Engineer and/or Building Inspector shall periodically
inspect all road openings and the repair and resurfacing thereof for
the purpose of determining compliance with and conditions imposed
on the issuance of the permit and the specifications. The Township
may, upon the recommendation of its inspector:
A.
Order a temporary stop to any road opening.
B.
Order that the applicant perform or correct work in accordance with
the directions of the Township.
C.
Order a stop to any work and revoke the permit, in which event the
Township of Riverside shall complete or cause to be completed the
work and declare the applicant's cash deposit forfeit or notify the
applicant's surety of an intent to file claim on the bond.
D.
Correct any work after notification to the applicant and the neglect
or the refusal of the applicant to make such corrections as indicated
and, upon doing so, declare the applicant's cash deposit forfeit or
notify the applicant's surety of an intent to file a claim on the
bond.
E.
Take any other action deemed reasonable under the circumstances.
As used in this article, the following terms shall have the
meanings indicated:
An opening, tearing up or excavating, for any purpose, of
a Township road of 100 feet or more of roadway length or where connecting
lateral openings are made at average intervals of less than 100 feet
along the roadway length or an opening which disturbs 20% or more
of the pavement area.
Any opening, tearing up or excavating, for any purpose, of
a Township road which is not an extensive opening.
For all openings:
A.
The paved roadway surfaces shall be cut vertically with a sharp tool
on a straight line before excavating.
B.
Suitable excavated material shall be used as backfill unless otherwise
directed by the Township Engineer or his authorized agent.
C.
Where directed by the Engineer, select granular material shall be
used for backfill.
D.
The uncompleted length of road opening allowed under a permit at
any one time shall not exceed 50 linear feet, unless a special need
can be established by the applicant and approval for exceeding this
limitation is secured from the Township Engineer of Riverside.
E.
In old asphalt pavements and newly constructed, reconstructed or
overlaid asphalt pavements, before placing the base course, the opening
shall be cut back six inches beyond the perimeter of the trench opening
and a tack coat applied to all joints.
F.
Where existing manholes are located in the 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 four inches of quarry processed
stone. The width of the FABC-1 Mix 5 shall vary to the dimensions
of the existing shoulder.
A.
For all openings which disturb 20% or more of any portion of the
paved roadway, the trench backfill shall be compacted to a level seven
inches below the top of the adjacent paved surface. A base consisting
of seven inches compacted depth of bituminous stabilized base, stone
mix, Mix No. 1, shall be constructed level with the existing pavement.
B.
After proper settlement, for any portion of the road that was disturbed
by 20%, the entire width of paved roadway surface shall be overlaid
with a 1 1/2 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.
The determination of whether an opening disturbs 20% or more of the
paved roadway will be made by the Township Engineer, Building Inspector
or an entity designated by the Township Committee after the roadway
has been disturbed.
For openings in old asphalt pavements and newly constructed,
reconstructed or overlaid roads, clean granular backfill shall be
furnished from outside sources. Backfill material shall be deposited
in six-inch layers and thoroughly compacted to a level eight inches
below the level of the adjacent paved surfaces. The openings shall
be cut back six inches beyond the perimeter of the trench opening.
The base course shall be bituminous stabilized base, stone mix, Mix
No. 1, six inches thick. The surface course shall be two inches compacted
depth of FABC-1 Mix No. 5. All joints between the new and existing
pavements shall be sealed with a tack coat.
For all openings in concrete pavement surfaces, the trench backfill
shall be compacted to a level two inches below the top of the adjacent
paved surface. A two-inch compacted depth of temporary bituminous
cold patch material shall then be placed, compacted level with the
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 concrete eight inches in depth shall be constructed
level with the existing pavement surfaces.
A.
Application fee, nonrefundable (other than public utilities).
B.
Application fee, nonrefundable (public utilities).
(3)
The public utility application fee would be utilized to pay all expenses
incurred by the Township or its professional consultants to administer,
inspect and review and perform other services with respect to the
application and construction. Application fees would be accumulated
in one account for each public utility, and said funds can be utilized
for payment of expenses incurred by the Township for any work performed
by the respective utility company without restriction as to which
application the funds were originally posted.
D.
Escrow deposit fee (nonapplicable to public utilities).
(1)
All road openings, excavations, borings and other work as stated
on the permit application.
(a)
Base charge, including first five square yards of any trench,
driveway or sidewalk opened, torn up or excavated and including the
first 20 linear feet of any curb or gutter torn up or excavated: $1,000.
[Amended 8-24-1998 by Ord. No. 1998-8]
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection D(1)(a) above, a work schedule shall be submitted to and approved by the Township and/or its designated representative, who shall estimate the total escrow deposit fee required based thereon. If, at any time during the course of the work, it appears evident to the Township and/or its designated representative that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Township and paid to the Township, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18]
