[Added 9-12-2013 by Ord.
No. 2013-12; amended 4-27-2017 by Ord. No. 2017-6]
A.
The local road access permit exists to create a uniform system of
review for requests by applicants for access to local roadways and
local rights-of-way.
B.
Many types of activities and work are routinely performed within
municipally owned and maintained roads and municipal rights-of-way.
In order to safeguard the Township's interest in preserving local
roads in a manner that is safe and convenient to travel, the Township
Committee has adopted the following policy, procedures, and specifications.
Additionally, these regulations are designed to protect local municipally
owned and maintained roads from damage and to ensure the Township's
ability to maintain its roads and to construct future road improvements
without undue burden on the Township and its taxpayers.
C.
The following is a nonexclusive list of activities and work which
require compliance with the provisions and regulations of this article:
(1)
To perform any operation within a Township right-of-way which in
any manner interferes with the free flow of traffic or the safety
of the traveling public, both vehicular and pedestrian.
(2)
To install aerial or underground telephone, cable television, fiber
optic or other communications cable and associated equipment in any
Township right-of-way.
(3)
To install aerial or underground electric wire and associated equipment
in any Township right-of-way.
(4)
To install, replace, or perform maintenance work on utility poles
located in any Township right-of-way.
(5)
To install water, sewer, natural gas and any other underground conduits
and/or piping and all appurtenant structures in any Township right-of-way.
(6)
To occupy the Township right-of-way for any length of time in order
to perform any and all construction and/or maintenance work.
(7)
Closure of any Township road, highway, street, alley or right-of-way.
(8)
Any activity not referenced above within the clear zone and/or right-of-way,
to be determined by the Township Engineer or the Chesterfield Township
Chief of Police on a case-by-case basis.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning provided herein.
All other words and phrases used in this article shall be defined
in the same manner as provided for in Subtitle 1 of Title 39 of the
New Jersey Statutes Annotated.
The American Association of State Highway and Transportation
Officials.
Generally, the owner and/or any person making written application
to the Township for a permit hereunder. If the applicant is a contractor
who will be performing the work on behalf of another party, the contractor
shall be co-applicant, and the party on whose behalf the work is being
performed shall be the applicant. The applicant and co-applicant shall
be directly responsible for the performance of the work, construction,
and adherence of the work to the specifications. The applicant and
co-applicant shall also be responsible for providing sufficient maintenance
and traffic control measures for the safety of the public.
The total roadside border area, starting at the edge of traveled
way, available for use by errant vehicles as defined by the AASHTO
Roadside Design Guide and the New Jersey Department of Transportation
Roadway Design Manual.
A contractor or subcontractor who will be performing work
on behalf of the applicant and who is jointly and severally responsible
and liable, along with the applicant, for compliance with all terms
and conditions of this article and any penalty of claim filed by the
Township as a result of any violation of this article.
Any access, permanent or temporary, from private/public property
or other public right-of-way to the Township right-of-way and/or Township
roadway.
Any machinery and/or tools, both motorized and nonmotorized,
used for the purposes of constructing, maintaining or performing any
type of work. Equipment shall also include dumpsters, PODs, vehicles,
etc.
The New Jersey Department of Transportation's "Standard Specifications
for Road & Bridge Construction," most recent edition and/or amendment.
Any person, firm, partnership, association, corporation,
company, authority, or organization of any kind.
Any land, easement, or property owned or controlled by the
Township of Chesterfield and reserved for the primary purpose of transportation
of the public.
Any street, highway, road, roadway, sidewalk, alley, avenue,
boulevard, pavement, shoulder, gravel base, subgrade, curb, gutter,
including drainage structures, utility structures, all other appurtenant
structures, trees and landscaping or any other public right-of-way
or public ground in the Township of Chesterfield and under control
of the Township of Chesterfield.
From 9:00 a.m. to 3:00 p.m. during business days. Business
days do not include Saturdays, Sundays, Township holidays, or any
day during which Township offices are closed.
[Amended 2-14-2019 by Ord. No. 2019-4]
Includes, but is not limited to, the following: telephone,
cellular, communications, fiber optic, cable, water, sewer, gas and
electric; private or public.
A.
There is hereby established a local road access permit to be applied
for and obtained by any person or entity that requires access to Township
rights-of-way and/or local roadways. Said permit shall be granted
in the discretion of the Township Committee or its designee and may
require considerations by the Township based on issues of concern,
including, but not limited to, expected routes of travels, times of
travel, duration of the project, quantity of access requirements,
and anticipated impact on the integrity of the roadway and local traffic.
B.
It shall be unlawful, except in an emergency as set forth in § 182-36 below, for any person to occupy a Township right-of-way or Township property unless such person shall first have obtained a permit therefore from the Township as herein provided.
C.
All applicants shall submit an application for road occupancy; this
application is required for any and all occupancy of and work or events
occurring within the Township right-of-way. In addition, the applicant
may be required to apply for additional permits as necessary for the
work to be performed. These additional permits that may be required
are:
A.
Any person requiring access permission from the municipality shall
make an application to the Township Clerk by submitting a letter on
the applicant's letterhead. Applications may be hand-delivered to
the Chesterfield Township Municipal Building or mailed to 295 Bordentown-Chesterfield
Road, Chesterfield, New Jersey 08515.
[Amended 2-14-2019 by Ord. No. 2019-4]
B.
An authorized agent of the applicant shall certify to the truthfulness
of all information included in the application. Incomplete applications
will not be processed. It is the responsibility of the applicant to
ensure completeness and accuracy of all information in the applications.
The Township will not be responsible for any errors, omissions or
misinformation given in the application and/or accompanying plans
and other information.
C.
The applicant is required to include all of the following information
as part of the application:
(1)
Project details, including the location of access required, the type
and amount of vehicles to utilize the access, the expected duration
of the access to local roads and/or rights-of-way, and a listing of
all other access alternatives considered, as well as such other information
the Township Committee or its designee may deem necessary to assist
it in reaching an informed decision.
(2)
The applicant must include the municipality in all insurance indemnifications,
and provide two twenty-four-hour emergency telephone numbers and names
of responsible persons for immediate response to maintenance and/or
traffic control problems and/or emergencies. Answering machines are
not acceptable valid emergency telephone numbers.
(3)
A list of the names of any and all subcontractors being used for
the work along with telephone numbers of the contractor, all subcontractors
and the applicant. These numbers provided must include emergency contact
numbers at which each of the above can be reached 24 hours per day,
seven days per week.
(4)
All local road access permit applications shall include a detailed, site-specific summary of its traffic control plan (TCP) and traffic interference report (TIR) in accordance with § 182-39 of this article. Failure to submit adequate TCP and TIR plans will result in the permit application being deemed insufficient, and the application will not be processed.
(5)
The Township assumes no responsibility for identifying the location
or condition of any existing utility lines, cables, or other facilities
not owned by Chesterfield Township for the review of plans or issuance
of a permit(s). At the time of the application, it shall be the responsibility
of the applicant to verify the locations of underground utility lines,
cables, and other facilities and to determine the appropriate scope
of work and safety requirements.
(6)
The applicant shall agree as a condition of the permit that any pipes,
conduits, poles, signs or any other facility installed within the
Township right-of-way under the permit shall be promptly relocated
at the applicant's expense to accommodate the installation of Township-owned
facilities existing or future.
(7)
The applicant must provide details on construction staging (if required
to complete the proposed work), means and methods, and an estimate
of the amount of work to be completed in one working day within regular
Township road working hours of 9:00 a.m. to 3:00 p.m. during business
days.
[Amended 2-14-2019 by Ord. No. 2019-4]
(8)
Separate applications and permits are required for proposed work
located on multiple Township roads or rights-of-way, or on differing
segments of Township roads. The Township Committee, Township Engineer,
or Chesterfield Chief of Police will determine the need for separate
applications and permits.
(9)
Applicants must be considered to be in good standing with the Township
at the time of application, or permits will not be issued. Good standing
shall mean the applicant, and any co-applicant(s), has no unpaid fees
and/or fines, has no outstanding deficiencies to be corrected on other
permit work, no unresolved violations, and shall have completed all
prior and/or current permit work within permitted time periods.
A.
Upon submission of the applications and payment of the fees, the
application shall be reviewed by the Township Engineer, Principal
Public Works Manager, Municipal Clerk, and Chief of Police in consultation
with the Municipal Solicitor. Said review shall focus on the impact
to the municipality and the issues that may arise from granting said
access, including, but not limited to, impacts to existing infrastructure,
including roadways and utilities, traffic impacts, and public safety
ramifications. The municipal officials shall have 30 days to review
the application and may require additional information from the applicant
based upon the initial review. The applicant shall have the continuing
obligation to apprise the municipality of changes to the original
application and shall seek amendment to the permit when conditions
warrant.
B.
An application may be approved, conditionally approved, or rejected
based on the overall impact to the municipality, prior negative experience(s)
with the applicant and/or subcontractor, and/or other such reasons
as the governing body deems appropriate. A conditional approval may
require the applicant to enter into a negotiated written agreement
with the municipality to guarantee restoration of negative municipal
impacts at the conclusion of the impact, including, but not limited
to, the posting of a guaranty to cover the cost of restoration of
such damage. The Township Committee shall vote on the final recommendation
of the review committee and/or the authorized execution of any written
agreement that may arise from a conditional approval.
C.
All permits issued by the Township are nontransferrable.
D.
Any applicant may request an expedited application review and approval
for nonemergent permit applications.
E.
If the application for a permit is denied, the Municipal Clerk shall
send the applicant a written notification of the denial and shall
state the reason for the denial. All application fees are nonrefundable.
In the event of a denial of an application or the rejection of the
requirements of a conditional approval, the applicant may seek relief
in a court of competent jurisdiction within the County of Burlington.
F.
The Township Engineer and/or the Chief of Police, at their discretion,
may deny an application for a permit and/or revoke an issued permit
in the interest of public safety.
G.
The Township may require a preconstruction meeting to be held at
the municipal building or at the project site. At the discretion of
the Township Engineer, representatives from, but not limited to, the
following may be required to be present at the preconstruction meeting:
permit holder, owner, contractor(s), subcontractor(s), utility companies
with facilities in the area, Township Engineer, local municipal officials,
local police, fire and/or EMS officials, emergency management officials,
and affected property owners.
H.
The storage and/or stockpiling of equipment and/or materials at any
location within the Township right-of-way or on Township property
outside of working hours is strictly prohibited.
I.
The permit holder shall abide by all conditions as stated on the
issued permit. The Township Engineer and/or Chief of Police reserve
the right to impose additional special conditions at their discretion
at the time of permit issuance. Any special conditions shall be included
with the issued permit.
J.
The permit holder shall not close a Township road to traffic at any
time unless a road closure is requested and approved by the Township
Engineer and/or the Chief of Police. Road closures should only be
sought by an applicant as a last-resort option.
K.
The permit holder shall possess onsite copies of the following at
all times: approved permit(s), approved plan(s), approved traffic
interference report(s) and, if required, approved traffic control
plan(s).
A.
If during the term of the permit, inspection or investigation by
an authorized Township representative determines that the applicant,
co-applicant, or any subcontractors has altered its actions, failed
to update the municipality of its obligations to notify the municipality
of changes in operation, or failed to adhere to the permit or conditional
permit requirements, the Township Engineer or Chief of Police may
revoke or suspend the permit for failure to comply with this article.
The Township also reserves the right to stop work for failure to ensure
the safety of vehicular and pedestrian traffic.
A.
All work as outlined on any permit must commence within 90 calendar
days from the issue date on the permit; thereafter, the permit shall
become null and void. Permit work shall be continuous and diligently
pursued until completed, or the permit shall become null and void.
For any stoppage of work exceeding three business days without prior
approval from the Township Engineer or Chief of Police, the permit
shall become null and void. The permit may be extended for an additional
30 days for good cause shown only if the permit holder requests such
extension in writing, setting forth legitimate and valid reasons for
such request. Additional extensions may be granted at the discretion
of the Township Engineer or Chief of Police. All extension requests
must be made within 90 days of permit issuance.
B.
If a permit is revoked or becomes null and void due to the passage
of time, the applicant shall forfeit all application fees and apply
for a new permit. The new permit applications shall be revised to
include any changes in the work or conditions of the work site, and
shall be accompanied by a new fee.
C.
No work shall occur on Saturdays, Sundays, Township holidays, or
any day during which Township offices are closed, or outside normal
Township road working hours (9:00 a.m. to 3:00 p.m.) without the prior
written permission of the Township Engineer or Chief of Police.
[Amended 2-14-2019 by Ord. No. 2019-4]
D.
The applicant is responsible for notifying the Township Engineer
or Municipal Clerk when all work is completed and is ready for final
inspection. All inspections shall be performed during the Township's
normal business hours. The maintenance of the project shall begin
only when the Township Engineer has accepted the permanent restoration
and the applicant has posted a satisfactory maintenance guarantee
with the Township, if required.
E.
Occupancy of any part or portion of the Township right-of-way, and/or
impacting or in any manner interfering with the normal flow of traffic
on a Township road for any reason, shall be forbidden when conditions
exist such as snow, rain, or severe weather.
A.
In the event of an emergency in which any utility in, above or under
any Township right-of-way breaks, ruptures, bursts, or otherwise is
in such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
utility, without first applying for and obtaining a permit hereunder,
shall immediately notify the Township Engineer and Chief of Police
of the emergency and take proper emergency measures to secure or remedy
the dangerous conditions for the protection of property, life, health
and safety of individuals.
B.
Traffic control for an emergency shall be carried out in accordance with the Manual on Uniform Traffic Control Devices and shall be the sole responsibility of the person or entity responsible for rectifying the emergency. Arrangements for all traffic control activities impacting local roads and/or rights-of-way, whether required due to an emergency or otherwise, must comply with § 42-19 of the Township Code.
C.
In the event of an emergency, the application review period may be
waived by the Township. Verbal notification must be given to the Township
Engineer before commencement of any emergency work within a local
right-of-way unless emergent circumstances make such notification
impossible. Verbal approval for emergencies can be obtained 24 hours/day,
seven days/week by calling central dispatch at (609) 723-8300 and
requesting to speak to the officer in charge (OIC) for the Chesterfield
Township Police.
D.
In the event of an emergency, the responsible person or entity shall
submit a permit application within 24 hours or by the end of the next
business day. Payment must be made within five business days from
the applicant's notification to the Township. Failure to submit application
and/or payment within the time limits prescribed will result in a
fine in an amount not to exceed $1,000 or imprisonment in the county
jail for a period not to exceed six months, or both.
E.
If, in the interest of public safety, a Township road and/or intersection
must be closed due to an emergency, Chesterfield Township uniformed
police officers shall be stationed at each end of the road closure
in addition to the necessary traffic control signs, barricades and
other equipment. The uniformed police officers shall remain onsite
until the emergency is mitigated and made safe and the Township road
is reopened.
A.
An application fee shall be charged by the Township for each application
received, which shall be in addition to all other fees for permits
or charges relative to any proposed construction work. Application
fees are separate from permit fees and must be paid in addition to
any permit fees. Application fees should be in the form of a check
or money order. Cash will not be accepted. Application fees are nonrefundable.
Application fees are as follows:
B.
A permit fee shall be charged by the Township for the issuance of
a permit for work within the Township right-of-way, which shall be
in addition to all other fees for permits or charges relative to any
proposed construction work. Permit fees are separate from application
fees and must be paid in addition to any application fees. Permit
fees should be in the form of a check or money order. Cash will not
be accepted. Permit fees are as follows:
Upon receipt of the permit, the permit holder agrees that it
shall defend and save the Township and its departments, divisions,
boards, officials, and employees harmless from any and all claims
of any nature arising out of the road occupancy, road opening, driveway
access, charitable solicitation, and any other work covered by the
permit(s), and also agrees that the Township is issuing the permit(s)
and shall not assume liability in connection therewith. In the event
of any suit or claim against the Township due to the negligence or
default of the permit holder, the Township shall give written notice
to the permit holder of such suit or claim. Any final judgment requiring
the Township to pay for such damage shall be conclusive upon the permit
holder and the permit holder shall be liable to repay the Township
for all costs in connection with such suit.
A.
The permit holder shall take appropriate measures to ensure that, during the performance of work, both vehicular and pedestrian traffic shall be maintained nearly as normal and safe as practicable. The permit holder shall plan and carry out its work to provide for the safe and convenient passage of such traffic, and to cause as little inconvenience as possible to the occupants of adjoining properties. The permit holder shall notify the owners of adjoining properties in writing, at least 48 hours prior to the time the permittee proposes to begin any work which will interfere with their normal passage, and must provide the Township Clerk with such notice. Closures of Township roads are prohibited unless there has been a prior request and approval in accordance with § 182-33J.
B.
With the permit application, an applicant must include a detailed
summary of the intended traffic control plan (TCP), which shall be
site-specific. The Plan shall be reviewed by the Township Engineer,
with consultation from the Chief of Police, and approved as part of
the permit application. The TCP must be prepared by persons knowledgeable
(for example, trained and/or certified) about the fundamental principles
of work zone traffic control and work activities to be performed.
The TCP must also conform to the latest standards outlined in the
Manual on Uniform Traffic Control Devices (MUTCD) and the New Jersey
Department of Transportation (NJDOT) Safety Set-Up Guide.
C.
A completed traffic interference report (TIR) form must also be submitted
with the permit application, and any time an activity or work is intended
to be performed within municipally owned and maintained roads and
municipal rights-of-way. TIR forms shall be approved by the Chief
of Police prior to any work or activity, and are available through
the Township Clerk or Police Department.
D.
No road occupancy or other related work will be permitted outside
of normal Township road working hours, as defined in this chapter.
No road occupancy or other related work will be permitted outside
of these hours on Saturdays, on Sundays, on Township holidays, or
any day during which Township offices are closed. At the discretion
of the Township Engineer, with consultation from the Chief of Police,
work hours may be changed or otherwise further limited as necessary.
[Amended 2-14-2019 by Ord. No. 2019-4]
E.
It shall be the responsibility of the permit holder to notify the
Township Clerk and the Chesterfield Township Police Department of
its plans to occupy the Township right-of-way. Thereafter, and when
necessary, the CTPD will notify fire and emergency services and public
and school bus transporters of the road occupancy.
F.
Unless the Chesterfield Township Chief of Police designates another jurisdiction (either local or state police) to assist in or oversee traffic control activities impacting local Chesterfield roads and/or rights-of-way, the permit holder is required to employ Chesterfield Township uniformed police officers as traffic directors when occupying the Township right-of-way within 300 feet of a traffic signal, roundabout or stop-controlled intersection, or whenever any work affects the normal operation of a Township-owned traffic signal, roundabout or stop-controlled intersection. At all other locations, the permit holder may be required to employ uniformed police officers as traffic directors at the discretion of the Township Engineer, with consultation from the Chief of Police. If the use of uniformed police officers is deemed necessary, the cost for same shall be the sole responsibility of the permit holder, and the use of uniformed police officers (Chesterfield Township or otherwise) must comply with the provisions of Chapter 42, Article II of this Code.
G.
The use of certified traffic directors is encouraged for all road occupancies and is required for one-lane alternating traffic. Contractors should contact the Chief of Police to determine whether a particular road occupancy requires a traffic director. Traffic director personnel must be certified and meet the minimum standards as prescribed in the MUTCD and by NJDOT. If the use of traffic directors is necessary, the cost for same shall be the responsibility of the permit holder, and the permit holder shall comply with this article and Chapter 42, Article II of this Code when enlisting traffic control personnel. At a minimum, two traffic directors are required for one-lane alternating traffic. All traffic directors and/or uniformed police officers shall have proper safety attire, shall have "Stop/Slow" paddles, and shall be trained and familiar with flagging and traffic control procedures as outlined in the MUTCD. Such operations shall be carried out in accordance with the MUTCD and NJDOT safety guidelines.
H.
The permit holder shall occupy and/or open no greater part of the
Township right-of-way than shall be reasonably necessary as determined
by the Township Engineer or Chief of Police.
I.
The permit holder shall be required, at a minimum, to maintain a
single lane of traffic at all times, unless road closure has been
previously requested and authorized.
J.
The permit holder shall maintain access to all driveways, streets,
roads, lanes, access roads, and public rights-of-way adjacent to the
Township road at all times, no exceptions.
K.
The maintenance and protection of traffic and work shall be performed
and conducted so as not to interfere with the safe and efficient passage
of emergency vehicles and so as not to interfere with access to emergency
facilities (e.g., fire stations, police stations, EMS stations, etc.)
and fire hydrants. Materials and obstructions shall not be placed
within 25 feet of fire hydrants, or as directed by the local fire
official. Passageways leading to fire escapes, fire equipment, and
emergency access ways shall be kept free of obstructions.
The Township shall inspect any local road occupancy or any other
work within the Township right-of-way as deemed necessary for the
purpose of confirming compliance with issued permits and this article.
When a permit holder is deemed to be in noncompliance by the Township,
the permit holder and his surety will be notified as to the deficiencies.
The Township, through the Township Engineer, Principal Public Works
Manager, Municipal Clerk, and/or Chief of Police, in consultation
with the Municipal Attorney, may:
A.
Order a temporary stop to any work within or occupancy of the Township
right-of-way until compliance with all requirements of issued permits
and this article is achieved.
B.
Correct, or cause to be corrected, any work after notification to
the permit holder by the Township Engineer and the neglect or refusal
of the permit holder to make corrections as indicated, at the sole
cost and expense of the permit holder.
C.
Take whatever action necessary to ensure the safety of the public.
D.
Take any other action deemed to be reasonable under the circumstances.
A.
Failure to obtain a local road access permit from the Township as
required by this article, or failure to promptly notify the Township
Clerk and/or other authorized official of any local roadway and/or
local right-of-way occupancy (including in cases of emergencies) as
required by this article, or failure to utilize traffic control personnel
as required by this article, shall result in a penalty/fine of a minimum
$500 for each instance, in addition to the required application and
permit fees. In the discretion of the enforcing authority, any violations
under this article may be attributed to the individual person(s) creating
said violations, the business entity directing or performing the work/employer
of the individual person(s), or both.
B.
The enforcement of this article shall be the responsibility of the
Township Engineer, and/or the Principal Public Works Manager, and/or
the Municipal Clerk, and/or the Chief of Police, and/or the Township
Committee, and any authorized designee. In addition to enforcement
of any obligations the Township may require under a conditional approval,
failure to obtain or maintain a local road access permit or adhere
to the terms of said permit for the entire term of the project shall
be a violation of this article and, upon conviction, be subject to
a penalty provision of $500 for each and every action which is found
to be a violation. By way of example, and not by way of limitation,
the use of a municipal roadway by one vehicle shall constitute a single
action subject to fine and penalty. A caravan of three vehicles shall
constitute three violations because each is operating without the
benefit and requirement of a local road access permit. The need for
the court to consider a fine and penalty provision for each and every
action rather than on a per-day violation is to prevent a contractor
from ignoring this municipal requirement, endangering local inhabitants,
and disturbing the municipality's rural existence simply by adding
a single daily fine to the cost of doing business.
