Township of Mine Hill, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 208-77 (Ch. X, Sec. 10-3, of the 1986 Revised General Ordinances); amended in its entirety 4-16-2015 by Ord. No. 12-15]
The purpose of this article is to establish regulations and fees for the making of excavations and openings in public roads or streets and public places within the Township of Mine Hill and under the control of the Township of Mine Hill.
As used in this article, the following terms shall have the meanings indicated:
DPW FOREMAN
The Foreman of the Department of Public Works in the Township.[1]
PERMITTEE
Any person, firm or corporation applying for a permit or his duly authorized representative.
TOWNSHIP CLERK
The Township Clerk of the Township of Mine Hill.
TOWNSHIP ENGINEER
The Township Engineer of the Township or his duly authorized representative.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall make any excavation in or break up or displace the surface of any public street under the control of the Township or public place within the Township or otherwise endanger or obstruct the normal flow of traffic by placing any barricade, structure or material or equipment not normally designed to be operated on a public road without first obtaining a written permit from the Township Engineer as hereinafter provided. Such permit shall be valid for 15 calendar days from the date of its issuance, unless an extension of time is requested, in writing, and is approved by the DPW Foreman.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Application for a permit shall be made at the office of the Township Clerk by the applicant or his authorized representative upon forms supplied by the Township. Such application shall include a description of the contemplated work and shall be accompanied by plans prepared by a licensed New Jersey professional engineer setting forth all details regarding the proposed project. If, in the opinion of the Township Engineer, the proposed project is so limited in scope that its impact upon the public street or public area in question is minimal and does not involve work requiring the design expertise of a professional engineer, the Township Engineer may waive the requirement that the plans accompanying the application be prepared by a licensed New Jersey professional engineer, provided the Township Engineer sets forth in writing the reason for waiver of such requirement. Such application shall indicate the date upon which the work is to start and the contemplated date of completion and shall be made not less than seven days prior to the date work is to commence. Copies of all such applications and accompanying plans shall be forwarded immediately by the Township Clerk to the Township Engineer for his approval and issuance of a permit.
B. 
Street openings may be made without the necessity of a written application in emergencies, such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided notice thereof shall be immediately given verbally to the Township Engineer or Township DPW Foreman and application for permit is made as soon thereafter as conveniently possible.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Fees for street opening permits shall be as set forth in Chapter 235, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Fees for inspection escrow accounts shall be as set forth in Chapter 235, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Any balance remaining in the inspection escrow account after the final approval of the excavation and opening by the Township Engineer shall be refunded to the applicant after the Township shall have deducted therefrom any costs associated with the inspection thereof.
A. 
No person shall be granted a permit pursuant to this article until and unless there shall be deposited with the Township Clerk a performance guarantee in the form of cash, certified check, or performance bond to secure the cost of repairing, replacing and restoring the street or public place, or appurtenances thereto, to be opened, affected or disturbed by the proposed work.
B. 
The applicant must either have on file with the Township Clerk a performance guarantee in the amount of $10,000 covering all openings or excavations made or to be made in a calendar year or furnish a performance guarantee in the amount of $1,000 covering the proposed opening or excavation set out in the application. If bonds are posted as the performance guarantee, they shall be approved by the Township Attorney and shall be conditioned to indemnify the Township for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such opening or excavation during the term of said bond. The Township Engineer shall then review the cost required to restore the specific excavation or opening, and if it is determined that the cost of restoration is in excess of the amounts of the bonds posted as stated above or that the aggregate cost to restore any previously issued but uncompleted permits also exceeds the above-stated amounts, then the applicant shall furnish to the Township an additional amount of a performance guarantee sufficient to provide for restoration by the Township. The Township Engineer shall state to the applicant the supplemental requirements for any such performance guarantee.
It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person whose pipe, conduits or other structures are laid in the portion of the street to be opened. This notice shall be given in writing a minimum of 72 hours before commencing the opening, and the permittee shall, at his own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or structures. If any damage is caused to such pipes, conduits or structures, the permittee shall restore same, at his own expense, to the condition it was prior to the commencement of work.
A. 
The permittee shall properly protect the excavation by the erection of barricades and warning devices and shall arrange the barricades and warning devices in such a manner as to cause a minimum of inconvenience and delay to vehicles and pedestrian traffic.
B. 
All excavations shall be completely backfilled at the end of each working day, without exception.
C. 
Where the free flow of traffic is disrupted, or if the Engineer or DPW Foreman decide conditions warrant their use, the permittee shall furnish, at his expense, competent persons to direct traffic.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Unless specifically authorized by the Engineer or DPW Foreman, vehicular traffic shall be maintained at all times. Access shall be maintained at all times for emergency vehicles. It shall be the responsibility of the permittee to provide, at his expense, sufficient backfill material to provide immediate access to emergency vehicles if conditions warrant. It shall also be the responsibility of the permittee to notify the Township Police Department, and DPW Foreman and Township Engineer 24 hours prior to the start of construction. The failure to notify either the Township Engineer or DPW Foreman as to the start of construction will result in the rejection and replacement of all work done without inspection.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The use of power excavating equipment is prohibited until the edge of the proposed excavation is cut with either a mechanical saw or pneumatic hammer making a cut through the entire pavement thickness.
B. 
Excavated material shall be loaded on trucks and removed from the site immediately at the expense of the permittee. A soil removal permit shall be required if the excavated material is to be removed from the Township.
C. 
Upon request, special permission may be granted by the Township Engineer or DPW Foreman to tunnel under existing concrete pavement, sidewalks or curbs. In the event permission is granted, the tunnel shall be refilled with Class "C" concrete, well compacted in place.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
As soon as the pipe or structures are in place and any required inspection has been made, the excavation shall be backfilled with select fill.
B. 
Select fill shall be either bank run gravel, sand or an alternate material approved by the Engineer or DPW Foreman and shall be placed for the full width and depth of the excavation. The select fill shall be compacted mechanically in one-foot lifts for the full depth.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All grass or wooded areas disturbed within the Township right-of-way shall be topsoiled, seeded and mulched within five days after opening of streets or roads. As a condition of application approval, the Township Engineer may require a soil erosion and sediment control plan if, because of the extent of the affected areas, grades involved, soil conditions and other similar relevant considerations, soil erosion is likely to occur in the opinion of the Township Engineer.
The permittee shall place a temporary pavement in the trench area if the trench is to be exposed to traffic overnight. The temporary pavement shall be of a bituminous concrete, shall have a minimum thickness of one inch, and shall remain in place until the permanent pavement is constructed.
A. 
Permanent pavement shall be constructed over all exposed areas using the following materials:
(1) 
Bituminous pavement: two inches of hot-mix asphalt 9.5M64 surface course on five inches of hot-mix asphalt 19M64 base course.
(2) 
Concrete pavement: two inches of hot-mix asphalt 9.5M64 surface course on five inches of hot-mix asphalt 19M64 base course.
(3) 
Stone pavement: six inches of dense graded aggregate.
(4) 
Earthen roads: six inches of dense graded aggregate.
(5) 
Shoulder areas: six inches of dense graded aggregate.
B. 
All thicknesses noted are compacted thicknesses, and all temporary pavement must be removed prior to the placing of the permanent pavement.
Whenever the Township Council enacts any ordinance or resolution providing for the reconstruction and resurfacing of any street, the Township Engineer shall promptly mail a written notice thereof to each person, firm or corporation owning any sewer, main or conduit or other utility in or under said street. Such notice shall notify such persons, firms or corporations that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of five years after the date of enactment of said ordinance or resolution, except as set forth below. Such notice shall be submitted promptly so that the owners of utilities can make repairs or improvements prior to the completion of the Township's roadway improvement project.
A. 
Emergency. During the five-year period, an excavation permit shall be issued to open, cut or excavate in said street if, in the judgment of the Township Engineer, an emergency exists which makes it absolutely essential that the excavation permit be issued.
B. 
New construction and restoration. During the five-year period, an excavation permit shall be issued to open, cut or excavate said street for the purpose of providing utility or other service to a newly constructed residence or other newly constructed structure adjacent to a newly paved street or for the purpose of providing utility or other service to a preexisting residence or structure which is being reconstructed and for which the reconstruction encompasses 60% or more of the structure.
C. 
Waiver. During the five-year period, an excavation permit may be issued to open, cut or excavate in said street for the purpose of providing utility or other service to a preexisting residence or structure, but only upon application to the Township Council and for good cause shown.
A. 
The attention of the permittee is directed to the requirements of N.J.S.A. 48:2-73 et seq., inclusive, governing excavating or blasting in proximity to gas pipelines. No permit shall be issued pursuant to this article until the permittee establishes to the satisfaction of the Township Engineer that there will be full compliance with such statutory requirements.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No person who proposes to discharge explosives shall be issued a street opening permit or any other permit for such discharge of explosives until he presents satisfactory proof to the Township Engineer that the discharge of such explosives will not constitute a danger to the lives and property of the residents of the affected area or to members of the public at large who use the streets or public areas to be affected by the proposed work.
Persons who shall be exempt from the provisions of this article are as follows:
A. 
The Mine Hill Township Department of Public Works.
B. 
Any person who is under a special contract with the Township of Mine Hill for the performance of the work in question and who, pursuant to the terms of such contract, has furnished adequate performance guarantees.
C. 
Any person who is performing work in accordance with a site plan or subdivision which has been approved by the Mine Hill Township Planning Board and in connection with which inspection fees and performance guarantees have been paid and/or posted under another applicable Township ordinance.
Prior to the issuance of any permit pursuant hereto, the applicant for such permit shall file a certificate of insurance certifying that there is in full force and effect liability and property damage insurance for the protection of the applicant and the Township from any and all claims for personal injury, including accidental death and property damage, in minimum amounts of $300,000 for bodily injury and $50,000 for property damage.
When it shall be necessary to use or store explosives in conjunction with any street opening or right-of-way work, the permittee shall comply with all applicable provisions of the Fire Prevention Code and/or the Uniform Construction Code adopted by the Township. The provisions and requirements of the code are in addition to this article.[1]
[1]
Editor's Note: Original Sec. 10-3.19, Emergencies, of the 1986 Revised General Ordinances, added 11-14-1994 by Ord. No. 552-94, as amended, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Every permittee shall, as a condition of accepting any permit issued hereunder, save and hold harmless the Township and indemnify the Township from and against any loss, damage, claim, expense or demand whatsoever, including, but not limited to, reasonable attorneys' fees and court costs arising out of any matter resulting from the opening of any street and the issuance of a permit therefor.
A. 
Permit required. No person shall establish a driveway or other ingress or egress for vehicles into any public right-of-way without having first received a street opening permit, the purpose of this section being to prevent unsafe traffic conditions as well as mud and/or stormwater from entering the public right-of-way.
B. 
Application. Permit applications shall be obtained at the office of the Township Clerk and must be completed and submitted to the Township two weeks before the date for which the permit is requested.
C. 
Approval. The Township Engineer shall approve, condition or deny all applications in writing within two weeks of the submission of an application.
Any person who shall violate any provision of this article shall be subject to the penalty in § 1-3, General penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).