[Adopted 6-3-1985 by Ord. No. 85-5 as Ch. 202, Art. IV, of the 1985 Code]
A. 
No person, firm or corporation shall install, construct or enlarge any drain or other artificial conduit for carrying drain water which shall cause or allow such drain water to congregate in a stagnant body on the land or premises of the owner thereof or shall lead such drain water off the land and premises of the owner thereof, nor connect any such drain with any public drain or natural waterway, unless and until there shall be granted by the Township Council of the Township of Washington a permit so to do. Said permit shall be applied for by written application setting forth the facts in relation thereto and accompanied by a print showing the proposed installation, bearing the stamp of a New Jersey licensed professional engineer. Upon the granting of such permit by the Township Council, there shall be paid by the applicant a permit fee as set forth in Chapter 212, Fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
In addition to the permit fee, the applicant shall post with the Township Clerk a certified check for an amount equal to the estimated cost of installing said improvement as estimated by the Township Engineer as a cash performance bond, plus 6% of the estimated cost of said improvement to cover engineering supervision and inspection of the installation by the Township Engineer. Said cash performance bond shall be returned to the applicant upon completion of the improvement to the satisfaction of the Township Council upon the recommendation of the Township Engineer.
C. 
No work shall be undertaken under the permit issued pursuant to the provision of this article unless and until the area in which the work is to be performed shall have first been photographed by the Police Department of the Township of Washington, or in the event of the failure of the Township to send a police photographer to photograph the area, then by a photographer duly designated by the Township Council.
D. 
This section shall in no wise be construed to obviate or repeal any provisions set forth in Chapter 540, Land Development, of the Code of the Township of Washington, as supplemented and amended.
E. 
In the event that any installation or construction pursuant to this section shall involve any opening, excavation or digging up of any public place heretofore designated or accepted by the Township of Washington for the installation of any pipes, conduits or for any other purposes whatsoever, including streets, such person, firm or corporation shall comply with the provisions of §§ 433-13 through 433-29.
[Added 8-13-1990 by Ord. No. 90-6]
F. 
The permit issued pursuant to the provisions of this article shall be valid only if the work to be performed pursuant thereto is commenced within 30 days after issuance of said permit. If such work is not commenced within said period of time, the permit shall expire and a new permit shall be required for any work to be commenced after said thirty-day period.
[Added 8-13-1990 by Ord. No. 90-6]
[Amended 5-7-1979 by Ord. No. 79-8; 10-19-1981 by Ord. No. 81-17; 8-13-1990 by Ord. No. 90-6; 5-17-1999 by Ord. No. 99-4]
No street opening or excavation shall be permitted on or under any street in the Township of Washington unless the person or entity seeking to perform such street opening or excavation complies with the provisions set forth hereafter.
[Added 5-17-1999 by Ord. No. 99-4]
Any person or entity wishing to perform a street opening or excavation shall post a cash performance bond with the Township Clerk as follows:
A. 
With respect to any person or entity which has performed more than five street openings or excavations in the prior calendar year, such person or entity shall be required to post a cash performance bond in the amount of $10,000 which shall be maintained in such amount for the entire current calendar, and replenished if and as needed.
B. 
With respect to any person or entity which has performed less than five street openings or excavations in the prior calendar year, such person or entity shall be required to post a cash performance bond in the amount of $1,000 for each proposed street opening or excavation. This amount may be increased upon the recommendation of the Township Engineer based upon the street opening or excavation work to be performed, or after any inspection by the Township Engineer.
C. 
With the approval of the Township Engineer, the cash performance bond may be in the form of a letter of credit satisfactory in form and substance to the Township Attorney.
D. 
The performance bond shall be available to the Township in the event that any backfilling or permanent pavement restoration is not performed in accordance with the provisions hereof or should such backfilling or permanent pavement restoration be unacceptable to the Township Engineer after inspection thereof.
[Added 5-17-1999 by Ord. No. 99-4; amended 5-17-2004 by Ord. No. 04-6; 9-17-2018 by Ord. No. 18-13; 4-6-2020 by Ord. No. 20-03]
No person or entity seeking to perform a street opening or excavation shall be authorized to commence work without having first applied for a street opening permit from the Township Clerk in advance of such street opening or excavation, except in cases of "emergency" as said term is defined hereafter. With respect to nonemergent situations, any person or entity wishing to perform a street opening or excavation shall submit a written application for a street opening permit to the Township Clerk at least five days prior to scheduling the street opening or excavation, and such application shall be accompanied with a permit application fee as set forth in Chapter 212, Fees, and an engineer inspection fee as set forth in Chapter 212, Fees, covering two inspections. In the case of persons or entities posting a ten-thousand-dollar cash performance bond with the Township, the Township may, in its discretion, bill such a person or entity for permit fees and engineer inspection fees on a monthly basis. Upon issuance of a street opening permit by the Township Clerk to the applicant, a copy of same shall be furnished to the Department of Public Works which shall promptly notify the Township Engineer, who shall thereafter assume supervision of such street opening or excavation. A street opening permit issued hereunder shall be valid only if the work to be performed pursuant thereto is commenced within 30 days after issuance of said permit. If such work is not commenced within said period of time, the permit shall expire, and a new permit shall be required for work to be commenced after said thirty-day period.
[Added 5-17-1999 by Ord. No. 99-4]
In the event of an emergency, as defined herein, the person or entity performing a street opening, or excavation shall notify the Township Clerk of such street opening or excavation on the next business day after such emergency street opening or excavation has taken place. Such person or entity shall promptly complete a street opening permit application for each such emergency and shall pay the permit application fee and Engineer inspection fee to the Township Clerk subject to monthly billing for same in accordance with the provisions hereof. The Township Clerk shall notify the Township Engineer that an emergency street opening or excavation has taken place, and the Township Engineer shall assume supervision of restoration of such street opening or excavation. The term "emergency" shall mean that such street opening or excavation was necessary in order to restore water, gas, electric or sewer service to a residence or other structure previously receiving such service prior to an unforeseen interruption thereof.
[Added 5-17-1999 by Ord. No. 99-4; 4-6-2020 by Ord. No. 20-03]
Prior to actual commencement of any test borings, excavations, new installations or emergency openings, the person or entity wishing to perform same shall notify the Department of Public Works or, in cases of emergency, the Police Department, of the work to be done, its location and when it will be performed. The Department of Public Works or the Police Department, as the case may be, shall notify the Township Engineer of the commencement of such work, and the Township Engineer shall assume supervision of all work performed and to be performed.
[Added 5-17-1999 by Ord. No. 99-4]
The Township Engineer shall inspect all emergent and nonemergent street openings and excavations to confirm that same has been backfilled with dense-graded or recycled concrete in such manner as shall be satisfactory to the Township Engineer. In the event that the Township Engineer determines that such backfilling is substandard, he shall notify such person or entity performing the street opening or excavation and shall require a return to the site for replacement backfilling in accordance with the specifications set forth herein and subject to the Township Engineer's inspection and approval.
[Added 5-17-1999 by Ord. No. 99-4]
Permanent pavement restoration shall be subject to the inspection and approval of the Township Engineer and shall comply with the following specifications:
A. 
Permanent restoration of pavement surface over the street opening shall be completed no later than three months from the date of the installation of the temporary pavement, weather permitting, or within the some construction season if so required on the permit. This shall apply to trenches less than five feet in depth. For trenches greater than five feet, the Township Engineer shall determine when permanent restoration of pavement surface shall occur.
B. 
Prior to the installation of the permanent pavement, the subgrade shall be properly prepared and the existing pavement neatly cut back a minimum of six inches from the edge of the trench or pavement damage in a straight line with vertical faces free of foreign matter. A tack coat shall be applied to the vertical faces of the existing pavement prior to the placement of the patch material. In lieu of cutting the pavement prior to the installation of permanent pavement, milling shall be permitted. For trenches greater than two feet from the edge of road and in excess of 100 feet, milling shall be required.
C. 
The permanent material shall consist of a bottom course of bituminous stabilized base, Mix I-2, placed at a compacted thickness of six inches installed in two three-inch lifts and a surface course of bituminous concrete, Mix I-5, placed at a compacted thickness of 1 1/2 inches.
D. 
All pavement restoration, both temporary and permanent, shall be constructed in accordance with the applicable specification of the New Jersey State Highway Standards and Specifications.
E. 
The surface course shall be level with the grade of the surrounding pavement when it is compacted. The joint between the patch and the existing pavement shall be sealed with an asphalt emulsion.
F. 
If cross trenches are located less than 25 feet apart, the entire roadway, beginning at a point three feet prior to the trench and running to a point three feet beyond the trench, curb to curb, shall be resurfaced.
G. 
Milling shall be performed in accordance with the requirements of the Township Engineer based upon conditions and elevations of the existing surface of the street, curb face, drainage characteristics and bonding with the permanent pavement such that unraveling of new permanent pavement will not occur. Millings shall be disposed of by the permittee or recycled and tonnage thereof shall be reported to the Township Recycling Coordinator.
H. 
The Township Engineer shall be authorized to make field adjustments to permanent pavement restoration based upon site conditions and considerations.
[Added 5-17-1999 by Ord. No. 99-4; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
At the time of submission of a street opening application to the Township Clerk, the applicant shall pay to the Township Clerk the inspection fee set forth in Chapter 212, Fees, representing two inspection fees for the Township Engineer; one inspection relating to backfilling, and one inspection relating to permanent pavement restoration. In the event that additional inspections are required of the Township Engineer, the applicant shall be responsible for additional inspection fees for the Township Engineer at the rate set forth in Chapter 212, Fees, per additional inspection. The Township Engineer shall have the authority to stop all work in connection with any street opening or excavation in the event that the Township Engineer determines that current bonding amounts are insufficient, required inspection fees are not posted or for any other reason relating to the health, safety or welfare of the general public.
[Amended 10-19-1981 by Ord. No. 81-17]
A. 
Work in cutting trenches, backfilling and restoration of surface of trenches in roads, streets or thoroughfares shall not be permitted during the period from November 15 to April 1, except at the discretion of the Township Council, who may permit the same in cases of emergency, hardship or unusual circumstances and then only in accordance with the provisions of § 433-26 of this article. Backfilling and restoration of surfaces shall be performed in accordance with specifications set forth in this article.
B. 
Any road, street or thoroughfare improved by paving with macadam or bituminous concrete surface after the date of this article shall not be opened for a period of three years from the time of acceptance of said work by the Township without the approval of the Township Council, except in the case of an emergency only and then in accordance with the provisions of § 433-26 of this article.
[Amended 10-19-1981 by Ord. No. 81-17]
No permit shall be issued for the installation of a private water- or gas line in any of the dedicated or accepted streets in the Township of Washington except in cases of emergency or unless authorized by the Township Council.[1]
[1]
Editor's Note: Original § 202-16, Restoration of surface, as amended, and § 202-17, Standard specifications for restoration, as amended, of the 1985 Code and which followed this section, were repealed 5-17-1999 by Ord. No. 99-4.
[Amended 10-19-1981 by Ord. No. 81-17]
The permittee shall provide, erect and maintain barricades, suitable and sufficient warning lights, danger signals and signs. However, if in the opinion of the Township Council the excavation in question poses serious dangers, the permittee shall provide a watchman or watchmen to protect said work and to protect the safety of the public. Highways, streets or thoroughfares closed to traffic shall be protected by effective barricades on which shall be placed warning signs. The permittee shall provide and maintain warning and detour signs at all closures, intersections and along the detour routes, directing the traffic around the closed portions of the street, highway or thoroughfare so that the temporary detour route or routes shall be indicated clearly throughout the entire length. All barricades and obstructions shall be illuminated at night and all lights shall be kept burning from sunset to sunrise.
[Amended 10-19-1981 by Ord. No. 81-17]
The permittee shall not enter upon or make use of any private property along the line of work, except when permission is secured in writing therefor from the owner of said property. He will be held responsible for damages or injury done by those in his employ to any private or public property of any character during the prosecution of the work.
[Amended 10-19-1981 by Ord. No. 81-17]
To ensure adequate protection for any possible damage which may be caused to property or injury to any person or persons, any permittee performing any work under the provisions of this article shall be required to furnish proof to the Township Council of the Township of Washington that there is in effect covering said property public liability insurance issued by an insurance company authorized to transact business in the State of New Jersey, in an amount of not less than $1,000,000 single limit of liability for incidents involving the company or its work. The permittee shall also provide bodily injury insurance and property damage insurance in the amounts stated above covering the operation of all motor vehicles owned by the permittee or used by the permittee in the prosecution of the work under the permit. All insurance policies shall provide for the reinstatement of full coverage after the payment of any claim. Whenever, in the opinion of the Township Council of the Township of Washington, a permittee is capable of acting as a self-insurer, then the Township Council may waive the provisions of insurance coverage as hereinabove set forth.
[Amended 10-19-1981 by Ord. No. 81-17]
No work shall be performed by the permittee between the hours of 6:00 p.m. and 8:00 a.m. nor on Sundays nor on legal holidays, except in cases of emergency.
[Amended 10-19-1981 by Ord. No. 81-17]
All work shall be properly completed within 30 days from the initial construction start unless such time is extended by the Township Council of the Township of Washington. If after this period has elapsed the permittee has not fully cooperated with the Township Council, then the Township Council shall have the power to hire a contractor to complete work and the payment of said work shall be charged to the cash performance bond posted by the permittee.
[Amended 10-19-1981 by Ord. No. 81-17]
A. 
The permittee shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined. The trench shall be dug so that the pipe can be laid to the alignment and depth required. Minimum depth of cover from surface of ground to top of pipe barrel shall be shown on the drawings. No trench shall be excavated more than 100 linear feet in advance of pipe laying unless authorized by the Township Council. The trench shall be braced and drained so that the workmen may work therein safely and efficiently. It is essential that the discharge of the trench dewatering pumps be conducted to natural drainage channels or drains.
B. 
The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground. Any part of the bottom of the trench excavated below the specified grade shall be corrected with approved material and thoroughly compacted.
C. 
Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic material or large pieces of fragments of inorganic material, the permittee shall excavate and remove such unsuitable material.
D. 
Hand methods of excavation shall be employed in locations shown on the drawings. In other locations, the permittee may use trench-digging machinery or employ hand methods. The permittee shall be held responsible for the protection of adjacent piping or other utilities and any damage shall be repaired at his expense.[1]
[1]
Editor's Note: Original § 202-24, Backfilling, as amended 6-25-1974 by Ord. No. 74-13 and of the 1985 Code, was repealed 5-17-1999 by Ord. No. 99-4.
A. 
As the work progresses, the permittee shall clean up the streets and rights-of-way and the backfill shall be rounded within the limits of the excavation. Soft trenches shall be marked and protected with adequate lights and subsequent settlement shall be promptly refilled.
B. 
Upon completion of the work, all dirt, rubbish and excess earth from the excavation shall be hauled to a dump provided by the permittee and the construction site left clean. All surplus materials furnished by the permittee and all tools and temporary structures shall be removed from the site by the permittee.[1]
[1]
Editor's Note: Original § 61-43, Violations and penalties, of the 1967 Code, which followed this section, was repealed 6-3-1985 by Ord. No. 85-5.