[Adopted 9-26-1994 by Ord. No. 287-1994; amended in its entirety 12-22-1997 by Ord. No.
22-1997 (Ch. 86, Art. III, of the 1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any person making written application to the Township Engineer
for an excavation permit hereunder.
The excavation, opening or any other work permitted under
a permit and required to be performed under this article.
Any person who has been granted and has in full force and
effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
A.
It shall be unlawful, except in an emergency as set forth in Subsection B hereunder, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the Township Clerk as herein provided:
(1)
To dig up, excavate, tunnel, undermine or in any manner break up
any street, paved or unpaved.
(2)
To make or cause to be made any excavation in or under the surface
of any street for any purpose.
(3)
To place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of
the street.
(4)
To clear any Township right-of-way of vegetation for the installation
of gravel material and/or construction of a bituminous concrete cartway.
(5)
To perform any other operation on any street which in any manner
interferes with or disturbs the surface of such street.
B.
Emergencies; hardship.
(1)
In the event that any pipe, main, conduit or other utility installation
in or under any street, alley, sidewalk or public way shall burst,
break or otherwise be in such condition as to seriously endanger persons
or property, the owner of such sewer, main, conduit or other installation
shall immediately contact the New Jersey State Police Department and
the Buena Vista Township Engineer's office describing the location
of the break, the extent of repairs and any emergency measures required
to reroute traffic. Upon approval by the Police Department, the owner
shall immediately take all such necessary steps to make said location
safe and secure. Such owner shall not, however, begin making any permanent
repairs to such street, alley or sidewalk until he or she shall have
secured a permit as hereinafter provided. Such permit shall be applied
for within 48 hours after such break or serious trouble shall have
developed, and the necessary permanent repairs to the street, alley
or sidewalk shall be made as directed by the Township Engineer and
shall be completed as soon as practicable after receipt of the permit.
In conjunction with the filing of the road opening application, the
owner shall provide a written certification from his or her design
professional indicating the nature of the emergency and the manner
in which it was detected and verified.
(2)
In the event in which a single-family property owner has a hardship condition which requires a street opening permit to be issued contrary to § 253-14B, the Township Committee shall grant relief if all of the following conditions are met:
(a)
A letter addressed to the Township Committee, c/o Township Administrator,
is received detailing the hardship and necessity of opening the street
in lieu of waiting the prescribed period of time.
(b)
Upon receipt of the letter, a public meeting date will be set
for the Township Committee to take formal action.
(c)
The property owner making the request shall serve notice to
all property owners within 200 feet by certified mail, return receipt
requested or by personal hand delivery, a minimum of 10 days prior
to the public meeting.
(d)
The property owner shall file a copy of the notice served to
adjoining property owners with an affidavit of proof of delivery of
notice with the Township Administrator at least three days prior to
the public meeting. The notice must:
[1]
Identify the property by street address and block and lot.
[2]
State the reason for the hardship.
[3]
State the type and size of the utility opening.
[4]
Advise the adjoining property owners that if they have any objections,
they must advise the Township Administrator, in writing, as to their
objections to the proposed street opening at least three days in advance
of the public meeting.
[5]
State date and time of public meeting.
[6]
Be approved by the Township Administrator prior to mailing.
(e)
The Township Committee shall consider the request at a public
meeting and review all objections received, in writing. Approval or
denial of the request shall be through formal adoption of a resolution.
(f)
A request which includes the extension of a utility main shall
not be considered and will be automatically denied.
(g)
A request based solely on economic savings shall not be considered
and will be automatically denied.
A.
A written application for the issuance of an excavation permit shall
be obtained from the Township Clerk. The application shall state the
name and address of the applicant, the estimated dates of commencement,
completion and restorage of the excavation and such other data as
may reasonably be required by the Township Engineer.
B.
All applications shall have attached a sketch/drawing with pertinent
details drawn by a professional engineer of the State of New Jersey
and must be drawn to a scale sufficient to show clearly the proposed
work. Plans shall show profiles and all utilities within 25 feet of
the proposed work. The sketch/drawing shall indicate the existing
and proposed road surface and condition of road base. The drawing
shall provide the distance to the nearest intersection, North arrow,
scale and dimensions of all proposed area to be excavated. Utility
companies may use a nonlicensed engineer acceptable to the Township
Engineer.
C.
Permittee has the additional responsibility of obtaining a separate
permit in accordance with N.J.S.A. 48:2-73 et seq. when the proposed
excavation is located within 200 feet of a gas pipeline, and all permits
issued by the Township Engineer are subject to the issuance of said
separate permit. Applicant is further responsible for contacting all
other local utilities to determine whether any property or facilities
of the utilities are located in the vicinity of the proposed excavation
site and, if so, applicant is obligated to comply with any statutes
or regulations pertaining thereto.[1]
D.
All applicants are also responsible for providing construction warning
signs and lights in accordance with the Manual on Uniform Traffic
Control Devices. Any proposed detours or road closings must be submitted
to the New Jersey State Police and Buena Vista Township Engineer's
office for approval prior to the application for road opening. A separate
sketch detailing any proposed detours or lane restrictions shall be
submitted prior to the permit being issued if required by the State
Police or the Engineer's office.
A.
Upon application and payment of the fees and deposits for which provision
is hereinafter made, the Township Engineer, in his discretion, may
issue a permit to excavate or open the surface of any Township road.
The permit shall state the name of the applicant, the nature and purpose
of the excavation or opening, the location of the opening and the
number of days for which the permit shall remain in force.
B.
No permit shall be issued for an opening on any roadway which has been resurfaced by the Township during a period of three calendar years previous to the application date, except for permits for emergency openings as defined in § 253-12B. In the case of a newly constructed or reconstructed roadway, the time period shall be five years.
C.
If the application for a permit is denied, the Township Clerk shall
send the applicant written notification of the denial and shall state
the reason for denial.
D.
Any permit issued under this article may be revoked at any time by
the Township Engineer.
A.
Permits shall become null and void unless work is commenced within
30 days of the issuance of said permit, unless an extension of time
is granted by the Township Engineer, in writing.
B.
The applicant shall give a forty-eight-hour notice to the Township Engineer or his duly authorized representative and the Buena Vista Township Communications Department prior to making any road openings, except in cases of emergency as provided for in § 253-12B. No openings shall be commenced on a Saturday, Sunday or holiday unless in cases of emergency.
C.
In cases of emergency openings, the applicant shall notify the Township
Engineer and State Police prior to any work being performed. The applicant
shall submit an application for the emergency work no later than 48
hours after the work is completed.
D.
Should prevailing weather conditions preclude the permanent restoration
of the road surface, the applicant shall be responsible for the maintenance
of the temporary surface.
E.
No work areas shall be closed to traffic for more than two working
days without the approval of the Township Engineer.
F.
Every permit shall apply only to the person to whom it is issued
and shall not be transferable. A copy of said permit shall be available
for inspection at the job site at all time when work is being performed.
A.
Fees. An application fee for each separate road opening or improvement
shall be posted with the Township Clerk according to the following
fee schedule:
[Amended 6-4-2007 by Ord. No. 12-2007]
B.
Performance guaranty. A road opening permit shall not be issued until
a satisfactory performance guaranty is posted with the Township Clerk
according to the approval of construction estimates by the Township
Engineer. The performance guaranty shall be a certified check or similar
cash equivalent guaranty with the exception of a utility and cable
television company's guaranty which may be annual performance
bond or letter of credit in an amount approved by the Township Engineer
and in a form approved by the Township Attorney. The performance guaranty
shall be based upon current estimates of the market value of required
construction.
C.
Inspection fees. Inspection fees shall be estimated by the Township
Engineer based upon estimated field inspection expenses and review
of the application. Such fees shall be payable directly to the Township
Clerk's office and must be posted prior to the commencement of
any work.
D.
Maintenance guaranty. Upon completion of the road opening restoration
and prior to the release of the performance guaranty, a maintenance
guaranty in the amount of 15% of the original guaranty shall be posted
with the Township Clerk. This maintenance guaranty will serve to ensure
that the road, as reconstructed, will remain in good condition for
two years after final acceptance. Any restoration required by the
Township Engineer within this two-year maintenance period will be
the sole responsibility of the applicant. Utility companies may satisfy
this requirement through appropriate language contained within the
annual performance guaranty.
E.
If it becomes necessary for the Township to use a performance or
maintenance guaranty because of work which is deemed by the Township
Engineer to be unsatisfactory or otherwise not in conformance with
the provisions of this article, the permittee shall be notified, in
writing. If the substandard conditions are not satisfactorily repaired
within two weeks of receipt of the notice, the Township will cause
the work to be done, and the cost will be subtracted from the guaranty.
Should the cost of the corrective work exceed the original guaranty
amount, the Township reserves the right to recover the extra cost
from the permittee.
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.
A.
Prior to performing any work under the permit, the permittee shall
deliver to the Township Engineer a certificate of insurance in the
sum of not less than $1,000,000 combined single limit (CSL). Where
applicable, the permittee shall demonstrate that the explosion, collapse
and underground (x.c.u) exclusion has been removed from its insurance
policy. The insurance carrier will not cancel said insurance without
giving the Township of Buena Vista at least 10 days' notice thereof,
in writing.
B.
Homeowners who are proposing repairs to sidewalks, driveways and
curbing within the Township right-of-way will be exempt from supplying
insurance. If the homeowner contracts to have the work performed,
he or she shall have the contractor produce evidence to the Township
Clerk that he or she is adequately insured.
C.
All utility and cable television companies will be required to submit
their certificates of insurance at the time of performance bond submission.
At this time, both documents will be reviewed by the Township legal
staff for adequacy and correctness. The insurance carrier for the
utility or cable television company will not cancel said insurance
without giving the Township of Buena Vista at least 10 days'
notice thereof, in writing.
A.
The permittee shall take appropriate measures to assure that during
the performance of the excavation work traffic conditions as nearly
normal as practicable shall be maintained at all times so as to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public, provided that the Township Engineer
or the State Police may permit the closing of streets to all traffic
for a period of time prescribed by him or it if, in his or its opinion,
it is necessary. The permittee shall notify the owners of adjoining
properties at least 48 hours prior to the time he proposes to begin
any work which will interfere with their normal passage. If any opening
requires a detour, then five days' notice is required. Notice
of business interruptions will require at least 30 days' notice.
B.
The permittee shall keep all road and street openings guarded at
all times and open no greater part of such road or street than shall
be reasonably necessary as determined by the Township Engineer. The
permittee shall route and control traffic, including its own vehicles,
as directed by the State Police. Before any highway may be closed
or restricted to traffic, the permittee must submit a plan showing
the proposed detour or restriction and receive approval from the Township
Engineer and State Police. In no case shall any road be closed or
restricted without prior permission from both agencies. Upon completion
of the construction work, the permittee shall notify the Township
Engineer and the State Police before traffic is moved back to its
normal flow so that any necessary adjustments may be made.
C.
Where flagmen are deemed necessary by the Township Engineer and/or
State Police, they shall be furnished by the permittee at its own
expense. Through traffic shall be maintained without the aid of detours,
if possible. In instances in which this would not be feasible, the
Township Engineer or State Police will designate detours. The Township
shall maintain roadway surfaces of existing highways designated as
detours without expenses to the permittee, but in case there are no
existing highways, the permittee shall construct all detours at its
expense and in conformity with the specifications of the Township
Engineer.
D.
The excavation work shall be performed and conducted so as not to
interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of the fireplugs.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of piles of material or other obstructions.
The following measures shall be taken to ensure the safety and
protection of the traveling public.
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.[1]
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.
(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.
A.
The clearing of the proposed street or public right-of-way shall conform to § 253-21A, Off-street rights-of-way restoration specifications. All clearing shall be done within the right-of-way and shall be limited to the area necessary to provide the required grade on the proposed roadway.
B.
All proposed streets within an existing public right-of-way shall
be constructed in accordance with all applicable design standards
for new streets as set forth in the Township Code.
C.
D.
Any waiver of the required improvements such as curbs, gutters, sidewalks,
driveways, etc., must be requested from the Township Planning Board,
or from the Zoning Board of Adjustment if the request for the waiver
is part of a duly recognized Board of Adjustment application.[2] The Township Planning Board's or Zoning Board of
Adjustment's decisions shall be final in determining the need
for these improvements.
[Amended 10-13-1998 by Ord. No. 18-1998]
[2]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002,
provided that the Planning Board shall hereafter, pursuant to N.J.S.A.
40:55D-25(3)(c), exercise all the powers of the Board of Adjustment.
E.
Any waiver from the requirement of a development permit for a building or other development on an unopened street, paper street or street not improved to Buena Vista Township standards as per § 115-34, must be requested from the Township Planning Board or from the Zoning Board of Adjustment if the request for the waiver is part of a duly recognized Board of Adjustment application.[3]
[Added 10-13-1998 by Ord. No. 18-1998]
[3]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002,
provided that the Planning Board shall hereafter, pursuant to N.J.S.A.
40:55D-25(3)(c), exercise all the powers of the Board of Adjustment.
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.
