As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person making written application to the Township Engineer
for an excavation permit hereunder.
EXCAVATION
The excavation, opening or any other work permitted under
a permit and required to be performed under this article.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
STREET
Any street, highway, sidewalk, alley, avenue, pavement, shoulder,
gravel base, subgrade, curb, gutter, including drainage structures,
utility structures, all other appurtenant structures, trees and landscaping
or any other public way or public ground in the Township of Buena
Vista and under the control of Buena Vista Township; the full width
of the right-of-way, whether paved or not, including all improvements
within the right-of-way or any unimproved areas.
The applicant, upon securing said permit, agrees that the Township
of Buena Vista will be saved harmless from any and all claims of any
nature arising out of the construction of road and street opening
work covered by said permit and, further, that the Township of Buena
Vista in issuing said permit shall not assume liability in connection
therewith. In the event of any suit or claim against the Township
by reason of the negligence or default of the permittee, upon the
Township's giving written notice to the permittee of such suit
or claim, any final judgment against the Township requiring it to
pay for such damage shall be conclusive upon the permittee, and the
permittee shall be liable for the Township's costs, attorney's
fee, expert's fees and court costs in connection with such suit.
The following measures shall be taken to ensure the safety and
protection of the traveling public.
A. All openings must be backfilled immediately and pavement restored in accordance with §
253-21.
B. If it is necessary to leave an excavation unfinished overnight or
for an extended period, the permittee shall place at the site suitable
barricades with appropriate lighting. The barriers and lighting devices
shall conform to the specifications set forth in the United States
Department of Transportation Manual on Uniform Traffic Control Devices
and any amendments thereto, except that the permittee must place his
name and a phone number where he can be reached at all times. He shall
also notify the Township Police Department of the condition of the
unfinished excavation and furnish the State Police with his name and
phone number where he can be reached at all times. A minimum of four
flashers must be used at the construction site or along the right-of-way
as required by the Township Engineer or the State Police.
C. The permittee shall erect and maintain suitable timber barriers to
confine earth from trenches or other excavation in order to encroach
upon highways as little as possible.
D. The permittee shall construct and maintain adequate and safe crossings
over excavations and across highways under improvement to accommodate
vehicular and pedestrian traffic at all street intersections. Vehicular
crossings shall be constructed and maintained of steel plates or of
plank, timbers and blocking of adequate size to accommodate vehicular
traffic safely. Timber decking shall be not less than four inches
thick and shall be securely fastened. Pedestrian crossing, if of timber,
shall consist of planking three inches thick, 12 inches wide and of
adequate length, together with necessary blocking. The walk shall
not be less than three feet in width and shall be provided with a
railing as required by the Township Engineer.
E. All permittees must call the New Jersey One Call Service and obtain
clearances before beginning excavation. Any utility companies that
do not belong to this utility opening service shall be contacted directly
and all clearances obtained prior to beginning any disturbance.
F. The permittee and contractor shall comply with all Occupational Safety
and Health Administration (OSHA) regulations and with any other applicable
laws in the performance of the work.
The standard for materials and construction methods shall be
the New Jersey Department of Transportation (NJDOT) 1989 Standard
Specifications for Roads and Bridges.
A. Off-street rights-of-way restoration specifications.
(1) Fill.
(a)
Fill shall be clean with no organic content and free of roots,
stumps, asphalt and foreign objects. "Fill" shall be defined as meeting
the requirements of Section 204, Borrow Excavation, of the NJDOT Standard
Specifications.
(b)
Fill shall be compacted by vibratory equipment or rolling equipment,
where appropriate and as necessary to ensure that the original grade
is obtained.
(2) Surface.
(a)
In the case of a trench or opening in an earth shoulder, the
applicant shall restore the top four inches of the trench with topsoil.
The area shall then be fertilized, seeded and mulched in accordance
with current regulations as set forth by the Cape Atlantic Soil Conservation
District.
(b)
In case where the shoulder material consists of gravel, the
applicant shall replace the material with eight inches soil aggregate,
Type 1-5. The gravel shall be properly graded and compacted to promote
surface runoff of stormwater.
B. Bituminous concrete street restoration specifications.
(1) Fill.
(a)
Trenches shall be backfilled in layers not to exceed 12 inches,
and a mechanical tamper must be used. Should there be a deficiency
of material, additional backfill material shall be supplied. Whenever
the Township Engineer or his duly authorized representative shall
deem the material unsatisfactory for backfill, the permittee shall
provide acceptable material for the backfill.
(b)
Fill shall be clean with no organic content and free of roots,
stumps, asphalt, etc. Clay material shall not be considered acceptable.
(c)
Ninety-five percent compaction shall be provided in fill areas
through:
[1]
One foot over underground utilities and hand tamping.
[2]
One-foot lifts individually compacted by hand or mechanical
tamping.
(2) Gravel. Gravel shall be installed 10 inches thick. The gravel shall
consist of compact soil aggregate, Type 1-5. The use of a recycled
asphalt product (RAP) or recycled concrete product may be substituted
for the soil aggregate as long as it meets the NJDOT requirements
for 1-5 materials. The Township Engineer may, at his discretion, submit
samples of the soil aggregate for a gradation analysis, with the cost
of said analysis to be borne by the applicant.
(3) Temporary restoration.
(a)
Oil and stone roadways. For openings in oil and stone roadways,
the temporary restoration required will consist of the installation
of six inches of soil aggregate, Type 1-5, to a level 2 1/2 inches
below the level of the adjacent paved surfaces. A two-inch minimum
depth of stabilized base course, Mix I-2, shall be placed on the base
material to a level 1/2 inch below the adjacent paved surfaces.
(b)
Asphalt roadways.
[1]
Less than 100 square feet.
[a] For openings in asphalt roadways that are less
than 100 square feet, the temporary restoration will consist of the
installation of six inches of soil aggregate, Type I-5, to a level
of seven inches below the level of the adjacent paved surfaces. A
four-inch lift of stabilized base course, Mix I-2, followed by a one-inch
lift of a sand release layer and a two-inch lift of stabilized base
course shall be installed to grade.
[b] These temporary surfaces shall be left in place
for a period of not less than 30 days to allow sufficient settlement
to occur. Should settlement continue to be inadequate, the Township
Engineer shall determine when the work is acceptable for final restoration.
The permittee shall be responsible for all maintenance deemed necessary
by the Township Engineer until such time as the final restoration
is completed.
[2]
Greater than 100 square feet.
[a] For openings in asphalt roadways that are greater
than 100 square feet, the temporary restoration will consist of the
installation of six inches of soil aggregate, Type I-5, to a level
six inches below the level of the adjacent paved surfaces. A six-inch
lift of stabilized base course, Mix I-2, shall then be installed to
grade.
[b] These temporary surfaces shall be left in place
for a period of not less than 30 days to allow sufficient settlement
to occur. Should settlement continue to be inadequate, the Township
Engineer shall determine when the work is acceptable for final restoration.
The permittee shall be responsible for all maintenance deemed necessary
by the Township Engineer until such time as the final restoration
is completed.
(4) Final restoration.
(a)
Oil and stone roadways. The permittee shall complete the final
restoration in oil and stone roadways by capping the existing stabilized
base course with a one-inch lift of bituminous concrete surface course,
Mix I-5, to a level even with the adjacent paved surfaces. A clean,
straight edge shall be obtained prior to the placement of surface
course, and all edges shall be prepared with a tack coat.
(b)
Asphalt roadways.
[1]
Less than 100 square feet. For openings less than 100 square
feet, the final restoration will involve the removal of the two inches
of stabilized base and the sand release layer. All edges shall be
saw cut beyond the actual trench width disturbed to produce a clean
edge, and said edges shall be prepared with an asphaltic tack coat.
A three-inch lift of bituminous concrete surface course, Mix I-5,
shall then be placed to a level even with the existing road grade.
[2]
Greater than 100 square feet.
[a] For openings greater than 100 square feet, the
trenches shall be milled to a depth of two inches to a distance at
least six inches beyond the actual trench width to produce a clean
edge. All edges shall be coated with an asphaltic tack coat prior
to a two-inch lift of bituminous concrete surface course, Mix I-5,
being placed to a level even with the existing road grade.
[b] No surface water shall be entrapped or ponded on
the resurfaced areas. If any ponding occurs, the permittee will be
responsible for performing whatever remedial action is required by
the Township Engineer.
C. General restoration specifications.
(1) Whenever required by the Township Engineer, pipes for making opposite
side hookups shall be driven or bored under the paved portion of the
road or street without disturbing the surface.
(2) Road openings and/or trenches involving unusual or special conditions
shall be restored in accordance with and pursuant to the direction
of the Township Engineer or his representative.
(3) All damage done to adjacent elements of the street, curbs, walks,
catch basins, storm drains, landscaping, grass area, etc., shall be
immediately repaired by the applicant.
(4) All work shall be done with care and in a workmanlike manner.
(5) The temporary restoration must be completed prior to the opening
becoming greater than 400 feet in length. In no case shall the permittee
be allowed to open a length greater than 400 feet without performing
temporary restoration. In addition, no trenches shall be left open
over the weekend or during any holiday period.
(6) If the work done by the permittee or the sum of all permittees on
a given roadway disturbs greater than 40% of the existing roadway,
the permittee(s) will be required to perform a two-inch minimum surface
course overlay for the full width of the road to the total length
disturbed.
(7) In lieu of the requirement of final paving of any road opening, the
Township may require the applicant to contribute the cost of final
paving to the Township based on an engineer's estimate of the
improvement. If the Township decides to accept money in lieu of final
paving, the permittee will be relieved of any responsibility for final
paving of the roadway, and the Township shall use the money contributed
to complete all surface restorations that are deemed necessary by
the Township Engineer. The permittee may also petition the Township
Committee for the Township to accept the responsibility of final paving
if it so desires.
(8) The applicant must keep the work area clean each day. The applicant
must sweep the surrounding road surface to control dust, mud, dirt,
etc. The permittee shall also adhere to all requirements of the Cape
Atlantic Soil Conservation District at all times. If the applicant
does not comply, the Township will perform the cleanup and act on
the performance bond for the cost.
(9) Upon completion of the work, the applicant will request a final inspection
by the Township Engineer. If the work is completed in a satisfactory
manner, notification of satisfactory completion will be sent to the
Township Clerk. Upon receipt of this notification and receipt of the
required maintenance guaranty, the performance guaranty will be returned
by the Township Clerk, where and when applicable.
(10)
In any case where the contractor has not complied with these
regulations to the satisfaction of the Township Engineer or his representative,
the Engineer, without notice, may cause the work to be done, and the
cost shall be deducted from the performance bond made by the applicant.
D. Specifications for opening streets under a moratorium.
(1) If it is necessary to open a street subject to a moratorium as defined under §
253-14B, the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.
(2) The distances in either direction of the opening will be determined
by the Township Engineer based on the proximity to other roadways
or utility concerns. In most cases, final pavement restoration will
encompass 50 feet in both directions of the opening for a full width
of the existing road. The Township Engineer may allow resurfacing
to the center line of the road only if the opening is completed within
one lane and does not involve disturbance across the center line.
(3) Temporary and final pavement restoration shall be completed in the same method as indicated in §
253-12B, except that milling will entail the full length and width that must be repaved.
(4) Opening streets under a hardship condition as defined in §
253-12B will require the same final pavement restoration as indicated in this section, subject to review by the Township Committee. The Township Committee may, at its discretion, waive these requirements under hardship conditions.
Any person violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, §
1-15.
Any and all ordinances or parts thereof in conflict or inconsistent
with any of the terms and provisions of this article are hereby repealed
to the extent of their inconsistency; provided, however, that the
adoption of this article shall not prevent or bar the continuance
or institution of proceedings for offenses heretofore committed in
violation of any existing ordinances of the Township of Buena Vista
or violation of N.J.S.A. 39:1-1 et. seq.