[Adopted 11-23-2015 by Ord. No. 2015-19]
For the purposes of this article, the following terms, phrases,
words, and their derivations shall have the meanings given herein:
APPLICANT
Any person making written application to the Township of
Waterford for a road opening permit hereunder. If the applicant is
a contractor who will be performing the excavation work on behalf
of another party, the contractor shall be coapplicant, and the party
on whose behalf the work is being performed shall be the applicant.
The applicant must be a contractor, either corporate, individual or
partnership, a utility company, municipality or utility authority
who will be actually engaged in the performance of the work under
the permit and who will be directly responsible for the protection
of the work, for the adherence of the work specifications and for
the safety of the public. The application shall be made for and on
behalf of the owner for whom the work is being done and shall be countersigned
by the owners. Permits will not be issued to private owners and developers
without written approval of the Township Public Works Superintendent.
The owner shall agree as a condition of the issuance of the permit
that any facilities, pipes, etc., to be installed within the Township
right-of-way pursuant to the permit shall be promptly relocated at
the owner's expense as required by the Township Public Works
Superintendent to accommodate the installation of Township facilities,
existing or future.
COAPPLICANT
A contractor who will be performing excavation 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 or claim filed by the Township
as a result of any violation of the article.
EXCAVATION
The digging, displacing, undermining, opening, boring, tunneling,
auguring, or in any manner breaking up any improved or unimproved
street, sidewalk, curb, gutter, or other public property in any roadway
or any other portion of a Township right-of-way.
LINEAR FOOT
Common unit of English measurement used to determine openings
in Township roads. It is equal to 12 inches.
MAINTENANCE GUARANTEE
Security in the form of either a bond, letter of credit or
a certified check posted by an applicant or coapplicant to guarantee
proper maintenance of the reconstruction of the site of any road opening
for a period of two years after final acceptance.
MAINTENANCE PERIOD
Permit applicant is responsible for maintenance of the excavation
for a period of two years after final acceptance of the work.
MUTCD
Manual on Uniform Traffic Control Devices.
PER-DIEM INSPECTOR
In cases where permit openings require specific oversight,
openings of 200 LF and/or at the discretion of the Public Works Superintendent
or his designee, any applicant shall be required to pay the hourly
fee for a per-diem inspector. The per-diem inspector will physically
visit each site as outlined in the specific permit to ensure proper
guidelines are being followed as documented in the permit application.
Weekly written reports will be given to the Township by the per-diem
inspector, along with a weekly time sheet.
[Added 5-25-2016 by Ord.
No. 2016-11]
PERFORMANCE GUARANTY
Security in the form of either a bond, letter of credit or
a certified check posted by an applicant or coapplicant to guarantee
proper closure and satisfactory reconstruction of the road opening.
PERMITTEE
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
RESIDENTIAL DRIVEWAY
An excavation for a single-family dwelling, duplex or common
driveway, which serves two single-family residences.
SQUARE FOOT
The surface area of the opening made in the Township roadway
or property by the permit applicant. It shall be the product of the
length and width of opening measured in feet; in cases of irregular
opening the Township may in its discretion choose to average the length
and/or width.
STREET
Any street, highway, road, roadway, 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 right-of-way or public ground
in the Township of Waterford and under the control of the Township
of Waterford.
TOWNSHIP
The Township of Waterford, Camden County.
TOWNSHIP ENGINEER
The person appointed to the position of Township Engineer,
or any person authorized to act as his or her representative.
UTILITY COMPANY
Includes telephone, fiber optic, cable, water, sewer, gas
and electric.
Upon receipt of the permit, the applicant agrees that it shall
defend and save the Township, its agencies, departments, bureaus,
boards, officials and employees harmless from any and all claims of
any nature arising out the construction and road opening work covered
by the permit, and also agrees that the Township of Waterford, in
issuing the permit, 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 permittee, the Township shall give written
notice to the permittee of such suit or claim. Any final judgment
requiring the Township to pay for such damage shall be conclusive
upon the permittee, and the permittee shall be liable to repay the
Township for all costs in connection with such suit, including, as
applicable, any attorney fees.
It shall be the sole responsibility of the applicant to conduct,
install and maintain all work permitted by or subject to this article
in a manner which ensures the continuing safety and protection of
the public.
A. All openings must be backfilled immediately and temporarily paved the same day as the opening is made. Additionally, all traffic markings (crosswalks, center lines, berm lines, etc.) must be restored in kind in a manner satisfactory to the Township Public Works Superintendent and in accordance with the MUTCD immediately upon final restoration. Final restoration must be performed within the time periods described in §
239-5D.
B. If the nature of the work requires leaving an excavation unfinished overnight or for an extended period of time, the permittee shall notify the Township Public Works Superintendent at least five days in advance of construction. Alternatively, in case of an emergency, in writing, the permittee shall notify the Township Public Works Superintendent by phone using the twenty-four-hour phone number provided in §
239-2B, which should be followed up by a notification to the Township within 24 hours of such telephone call. The permittee shall place safety barriers with appropriate lighting around the unfinished excavation area. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation MUTCD and any amendments thereto, Part VI; additionally, the permittee must place his name and phone number where he can be reached at all times on these barriers. He shall also notify the Township in writing of the condition of the unfinished excavation and furnish the above with his name and phone number where he can be reached at all times.
C. Any portions of work areas not closed to traffic shall be brought
to the existing grade with at least six inches of approved paving
materials bituminous stabilized base, mix 1-2, applied over a six-inch
subbase of dense graded aggregate. All lifts must be mechanically
compacted and continuously maintained until final restoration is performed.
D. The permittee shall construct and maintain adequate and safe crossing
over excavations and across highways under improvement to accommodate
vehicular and/or pedestrian crossings. The applicant shall submit
all plans, design calculations, and specifications to the Township
at the time application is made.
E. It shall be the responsibility of the applicant to secure information regarding buried utilities by contacting the New Jersey One Call Service (as specified above in §
239-3C) and to undertake such measures as may be required to ensure the safety and protection of underground utilities within the work area.
F. The permittee and contractor shall comply with the OSHA trench sheeting
regulations and all other OSHA regulations, and with any other applicable
laws, in the performance of the work.
G. No construction activity shall begin on any day until all traffic
control devices are in place.
H. Temporary restoration must be smooth with no ruts or bumps. All temporary
pavement over openings must be rolled or mechanically tamped the same
day as the opening is made. Hand raking of temporary pavement is prohibited.
[Adopted 10-8-2008 by Ord. No. 2008-13]
The Township shall maintain every road laid out, opened, taken
over, or acquired by it as a Township Road, between the curblines,
and keep it in repair, safe and convenient for travel during all seasons
of the year.
For any road maintained by the Township as described in §
239-13 that is lined with curbing and/or sidewalk, said curbing and/or sidewalk, regardless of the installer and absent of an agreement and resolution to assume responsibility, shall be maintained by the fronting property owner.
For any road maintained by the Township as described in §
239-13 that is lined with trees, plantings or has any other object within its right-of-way, said trees, plantings or any other object, regardless of the installer and absent of an agreement and resolution to assume responsibility, shall be maintained by the fronting property owner.
This article may be enforced by the filing of a complaint against
any person, firm, corporation, party of interest or occupant who shall
violate any of its provisions. Said party shall be subject to a fine
of not more than $1,000, imprisonment for not more than 90 days, or
community service of not more than 30 days, or any combination thereof.
Every day in which said person, firm, corporation, party of interest
or occupant remains in violation of the provisions of this chapter
shall be deemed a separate offense. A continuance of a violation or
noncompliance with the provisions of this chapter shall be deemed
a nuisance, and the governing body shall have the right to apply to
the courts of the state for injunctive or other relief in addition
to the penalties prescribed herein.