[Derived from Sec. 14-1 of the 2003 Revised General Ordinances;
amended in its entirety 10-17-2017 by Ord. No. 2017-10]
This article shall be known and may be cited as the "Township
Street Openings and Excavations Ordinance in the Township of Willingboro."
For the purposes of this article, the following words, terms
and phrases shall have the meanings respectively given herein. The
word "shall" is always mandatory and not merely directory.
Any person, company or entity making written application
to the Township of Willingboro for an opening or excavation permit.
The Director of Public Works of the Township of Willingboro
or his designee.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The excavation, removal, digging, disturbing, replacement, repair, construction, or taking up any surface, pavement, stone or soil and improvements within the rights-of-way or public properties of the Township of Willingboro. For the purpose of this article, that work which is being performed outside the public rights-of-way, but requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." The term "excavation work" shall not include work by persons exempted from the provisions of this article under § 328-22.
Curbs, sidewalks, driveways, driveway aprons, drainage and/or
utility service structures, conduits, pavements, base courses, gutters,
retaining walls, channels, headwalls, railings, guardrails, or any
other public improvements existing within the Township's rights-of-way,
properties, lands or easements.
Any person who has been granted, and has in full force and
effect, a street opening permit issued hereunder, and also includes
any person that is required to secure a permit for excavation work
from the Township of Willingboro.
Any person, firm, partnership, association, corporation,
entity, or public or private organization of any kind.
Any street, roadway, highway, alley, cul-de-sac, avenue,
public easement, public way, public right-of-way, or public grounds
in the Township of Willingboro.
The Township of Willingboro.
The Township Council of the Township of Willingboro.
The Township Engineer of the Township of Willingboro.
A.
It shall be unlawful for any person, firm, or corporation to perform
any excavation or tunnel work, construct, remove, replace or repair
any improvements, or place any form of construction in, over or upon
any street or improvement or otherwise endanger or obstruct the normal
flow of vehicular, bicycle or pedestrian traffic or normal flow of
surface water, by the placing of any earth or other excavated material,
barricade, structure, material or equipment on any street without
first obtaining a written permit, approved and issued by the Director.
B.
Except as provided in Subsection B(1), no permit shall be issued for a newly constructed or substantially improved street for a period of five years from the date of acceptance of such construction except in cases of emergency as described in § 328-23. Sixty days prior to the start of construction of permanent pavement or improvements on any street, the Director or his designee shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Department and the Fire Department of such construction and of the provisions of this section.
(1)
For a permit to be issued for excavation of any paved or improved
street surface which is less than five years, the applicant, under
the instructions of the Director, shall be required to secure approval
from the Township Council by resolution before any permit can be approved
hereunder.
(a)
The applicant, under the instructions of the Director, shall
make application for Council approval as provided hereunder and provide,
to the extent possible, an explanation of all efforts made to avoid
the street opening and therefore the basis for the requested Council
approval.
C.
The Director shall have the right to revoke or cancel the permit
at any time should the permittee fail to comply with any of the terms,
agreements, covenants, ordinances and conditions thereof.
D.
No permit shall be assigned or transferred except upon the prior
written consent of the Director. Nor shall the work take place in
any other than the location specifically designated in the permit.
E.
No permit shall be issued for an opening during the period from the
first day of December to the 15th day of March or where conditions
exist due to severe weather, freeze, frost, etc., except for emergency
openings or openings required by law.
F.
If the application for street opening permit requires the street
to be excavated or opened for a width equal to or greater than 25%
but less than 50% of the existing roadway, or if the opening exceeds
one parking lane width, the applicant shall be required to restore
the pavement with a two-inch mill and two-inch overlay between the
curbline and center line of the roadway.
G.
If the application for street opening permit requires the street
to be excavated or opened for a width of equal to or more than 50%
of the existing roadway, the applicant shall be required to restore
the roadway pavement with a two-inch mill and two-inch overlay from
curbline to curbline.
A.
No excavation permit shall be issued unless a written application
is submitted to the Director.
B.
The written application must be made using the forms provided by
the Township, including applicable fees, established by this article.
C.
The permit application shall specify the name and address of the
applicant, the place and/or places at which the work is to be done,
the type of the work, and the proposed dates of commencement and completion
of the excavation and restoration work.
D.
The application shall include or be accompanied by scaled or dimensioned
drawings satisfactory to the Director, detailing the following:
E.
A separate application and permit will be required for each type
of opening made. One application or permit shall be sufficient to
represent more than one opening if the openings are for related work
and separated by a distance equal to or less than 50 feet. Related
work shall be defined at the discretion of the Director and/or Township
Engineer based on location(s), type of utility, required equipment,
and required restoration tasks.
F.
Permit applications for emergency work shall be submitted to the Township within 48 hours following the initial excavation work. The application must include the information required by § 328-7, and notifications shall be in compliance with § 328-23 herein. Failure to comply with this section may result in the assessment of fines defined by § 328-24 herein.
G.
Permit applications for the current annual year will not be approved
for any applicant who has not satisfactorily completed the excavation
and restoration work for the previous year.
H.
The Director shall grant such permit when he or she has determined
that the applicant has satisfactorily complied with all of the requirements
of this article.
I.
The Township shall issue permit for applications which have been
approved and/or authorized by the Director, Township Engineer or his
designee.
Each applicant for a permit shall pay a permit application fee
of $50 per opening for the purposes of the execution and issuance
of the permit. The application fee shall apply to all openings.
A.
Township engineering fees. In addition to the permit application fee as provide in § 328-8, applicants for the following permits shall pay a minimum fee of $150 for the purposes of review and issuance of the permit, examination of drawings, and initial administrative work performed by the Township Engineer. This fee is nonrefundable.
B.
Inspection and supervision fees.
(1)
In all sidewalk, driveway apron or grass area openings or excavations,
the minimum inspection fee shall be 5% of the Township Engineer's
estimate of the cost of repairing and replacing the sidewalk, driveway
or grass area or $150, whichever is greater.
(2)
In all curb and street openings and excavations, the minimum inspection
fee shall be 5% of the Township Engineer's estimate of the cost of
repairing and replacing the curb and street or $500, whichever is
greater.
(3)
The applicant shall be required to pay escrow fees for additional
inspection required to oversee the correction of unacceptable workmanship
as determined by the Township Engineer.
(4)
The cost for repairing and/or replacing the excavated area(s) shall
be determined by the Township Engineer.
C.
The fees in Subsections A and B above will be deposited into an escrow account within the Township and utilized/charged based upon the fees paid to the Township Engineer for the Township engineering, inspection and oversight of the project. The permittee is required to submit a written request for refund of unused portion of the escrow upon completion and acceptance, of the work by the Township.
D.
In addition, for any inspection after working hours, on Saturdays,
Sundays, or holidays, the applicant will pay the inspector's time
at the overtime rate set by the Township.
A.
No person shall be granted a permit to open pavement of any street
until and unless there shall be deposited with the Township, by certified
check or bond in an amount sufficient to secure the cost of repairing
and replacing such street or other surfaces or appurtenances. The
cost of repairing and replacing of such street or surface or appurtenances
shall be determined by the Director or the Township Engineer. The
minimum amount deemed sufficient for such purposes shall be $500 unless
otherwise determined by the Director or the Township Engineer.
B.
Permits approved for excavations in newly constructed or substantially improved roads, in accordance with § 328-6B herein, shall be subject to the following additional deposit fees:
(1)
Infrared treatment costs shall be added to the deposit required above.
(2)
An assessment factor fee equal to 2% for each un-elapsed month or fraction thereof of the five years (60 months) restricted period shall be applied to the estimated cost determined in § 328-10A, and added to the deposit required above. The maximum assessment factor fee shall be 120% of the estimated restoration cost total; provided, however, that no assessment hereunder shall be less than $1,000. No portion of the assessment charge shall be refundable nor shall such assessment payment relieve the permit holder from the required insurance(s) and/or bonds associated with restoration of all street openings in recently approved or applied pavement areas.
C.
In lieu of the certified check in § 328-10A, the applicant may file a performance surety bond of 150% of the estimated cost of repairing and replacing such street or other surfaces or appurtenances within the street area in the manner as herein provided. The estimated cost shall be determined by the Director after the application for permit has been submitted in compliance with § 328-7 of this article. No such bond shall be accepted until the Director shall have certified that the amount thereof is sufficient as provided herein, and the Director and Township Engineer shall have approved the qualification of the surety, and the Township Attorney shall have approved the sufficiency of the form and execution of such guarantee.
D.
The fees in subsections A, B and C above will be deposited in an escrow account within the Township and/or bond shall remain in effect until completion and acceptance of the project. The Township shall deduct costs to repair the permittee's work from the escrow and/or seek and obtain costs/services to correct the work by way of the bonding company securing the permittee's work.
E.
The permittee is required to submit a written request for refund
of the unused portion of the deposit and/or release of the posted
bond upon completion and acceptance of the work by the Township.
A.
With the Director's approval a public utility subject to regulation by the State Board of Public Utilities Commission may comply with the following requirements in lieu of the Township Engineering escrow, security deposits requirements detailed in §§ 328-9 and 328-10 herein.
A.
Notice requirement.
(1)
The permittee shall give the Director not less than 48 hours' notice
prior to starting excavation work and upon completion of the restoration.
Notice shall be given by contacting the Director's office via fax
or email.
(2)
Failure to provide notice as required may result in revocation of
the permit and issuance of a stop-work order.
B.
The approved permit must be visibly exhibited at the location(s)
of the work, must be in the possession of the parties doing the work
and must be exhibited to the Director or his authorized representative
upon request. No such permit shall be valid except for the place,
time and character of work specified therein.
C.
All street openings, excavations, and restoration thereof shall be
made under the supervision and control of the Director and subject
to his inspection.
D.
Restoration. The permittee shall restore the site or work promptly,
upon completion thereof; all surplus excavated material and debris
shall be removed and the site shall be restored in a neat and orderly
condition. All areas disturbed during the course of work including
those with topsoil, seed, or sod shall be restored by the permittee
to a condition the same or better than they were previously.
A.
The completion date submitted by the applicant shall be the expiration
date of the permit unless the Director requires a specific deadline.
B.
If for any reason work is not commenced within the period of 30 days,
the permit shall be void unless within such period the applicant shall
resubmit the application to the Director for permit extension.
C.
Following the application for a permit extension, the Director shall
either return the deposit or extend the time for the beginning of
the work for another period of 30 days by endorsement on the permit.
D.
No permit that has been extended shall be valid unless the work is
commenced within 10 days from the date of the extension approval.
E.
Any street opening must be backfilled immediately after completion
of underground construction. Temporary paving shall be completed promptly
as trenches are backfilled. Permanent pavement replacement shall be
completed within a period of five days from the date of installation
of temporary pavement unless the Director shall designate a longer
period of time. During the winter season, as determined by the Director,
the permanent pavement replacement will be deferred until weather
permits.
F.
Sidewalks, driveway aprons and curbs disturbed or removed by permit
shall be replaced within five days after the opening was made.
A.
The permittee shall determine the existence and location of all underground
utilities prior to beginning work, and protect the same against damage.
The permittee shall contact the New Jersey One-Call Service at 800-272-1000
prior to beginning all work and provide the Director with the New
Jersey One Call confirmation upon request.
B.
The permittee shall not interfere with any existing utility without
the written consent of the Director and the utility company or person
owning the utility. If it becomes necessary to remove an existing
utility, this shall be done by its owner.
C.
No utility owned by the Township shall be moved to accommodate the
permittee unless the cost of such work is borne by the permittee.
The cost of moving privately owned utilities shall be similarly borne
by the permittee unless other arrangements are made with the person
owning the utility.
D.
The permittee shall support and protect all pipes, conduits, poles,
wires, or other apparatus that may be in any way affected by the excavation
work, and do everything necessary to maintain support, sustain, and
protect them under, over, along or across such work for its duration.
E.
Should any of the pipes, conduits, poles, wires or apparatus be damaged,
the expense of repairs of same shall be the responsibility of and
charged to the permittee, and his insurance and/or bond shall be liable
therefor. The permittee shall be responsible for any damage done to
any public or private property resulting from the breaking of any
utility water pipes, sewer, gas pipe, electric conduit, or other utility,
and his insurance and/or bond shall be liable therefor.
Prior to commencement of work, the permittee shall furnish the
Director satisfactory evidence in writing that said permittee has
in force and will maintain in force during the performance of the
excavation work and the period of the excavation permit public liability
and property damage insurance for the protection of the applicant,
the Township and its agents and employees from any and all claims
for personal injury, including accidental death, and property damage.
The insurance shall be in minimum amount of $250,000 to $500,000,
and bodily injury in a minimum amount of $100,000 and duly issued
by an insurance company authorized to do business in the State of
New Jersey. In cases where the contractor or nature of the proposed
excavation work are such as to present an unusual hazard or a higher-than-normal
risk of damage or injury, the Director may require the provision of
increased amounts of liability and property damage insurance.
The applicant, in accepting a permit under this article, agrees
to enter into a written agreement with the Township so as to save,
defend, and keep harmless the Township from and indemnify it against
any and all actions, suits, demands, payments, losses, costs, damages,
and charges incurred by reason of any damages to property, injuries
to persons, or any loss of life resulting from any negligence of the
applicant, his agents, servants or employees, contractors or subcontractors
occurring in the performance of the work covered by the permit or
from any other matter, cause or reason relating thereto.
A.
The permittee shall, at all times and at his own expense, preserve
and protect from injury or damage any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
When, in the protection of property, it is necessary to enter upon
private property for the purpose of taking appropriate protective
measures, the permittee shall obtain written permission from the owner
of such private property for such purpose, and if he cannot obtain
such permission from such owner, the Director may authorize him to
enter the private premises solely for the purpose of making the property
safe.
B.
The permittee shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property resulting from his failure to protect and carry out said work properly. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required by § 328-19.
C.
All construction and maintenance work shall be done in a manner calculated
to leave the lawn area clean of earth and debris and in a condition
as nearly as possible to that which existed before such work began.
The permittee shall not remove, even temporarily, any trees or shrubs
which exist in parking strip areas or easements across private property
without first having notified and obtained the consent of the property
owner, or in the case of public property, the Director.
A.
No permittee shall allow or permit to remain unguarded at the place
of excavation or opening any machinery, equipment, or other device
having the characteristics of an attractive nuisance likely to attract
children or which might be hazardous to their safety or health.
B.
Every person making an excavation shall be required to place and
maintain suitable warning devices, signs, caution notices, barriers,
and lighting devices, pursuant to the requirements of Title 39 of
the Revised Statutes of New Jersey as amended and supplemented, and
the current edition of the Manual of Uniform Traffic Control Devices.
C.
Temporary construction detours, sign selection and locations, roadway
taper dimensions, barrel and/or cone spacing, locations of certified
flagmen and/or Police Traffic Directors shall be in adherence to the
New Jersey Department of Transportation Roadway Design Manual, Chapter
14, Guidelines for Traffic Control Plans and Details, and approved
by the Willingboro Police Department.
D.
All work shall be conducted in such manner as to minimize the obstruction
of traffic and inconvenience to the public and occupants of adjoining
property. Where less than two complete traffic lanes are maintained,
flagmen shall be employed. Where an excavation extends the full width
of a street, only 1/2 of such street shall be open and backfilled
prior to opening the remaining half.
E.
All persons making excavations in the streets shall inquire the Police
Department to determine if flagmen or detours of traffic are needed,
and/or whether the work is to be scheduled in order to minimize disturbance
of the normal traffic flow.
F.
The permittee shall be liable for all damages caused by the conduct
of the work or failure to properly guard, light, or maintain the work
and work area.
G.
In accepting a permit under this article, the permittee shall enter into a written agreement to hold harmless and indemnify the Township as provided under § 328-16.
H.
The permittee shall pay costs of all required flagmen and/or Police
Traffic Directors. The use of certified flagmen shall be approved
at the discretion of the Police Department. The permittee shall produce
a copy of the flagman's certification upon request by the Director
and/or Police Department or their respective designees.
I.
Costs associated with Police Traffic Directors shall be obtained
by contacting the Police Department at (609) 877-2200 ext. 1055 and
requesting the services of an off-duty police officer(s) for traffic
direction. All requests for officers must be given at least 48 hours
prior to start time. Cancellation for prior scheduled officers must
be given two hours prior to the proposed start time.
A.
Unless otherwise directed by the Director, the following specifications
shall govern the backfill in excavated trenches:
(1)
All openings shall be restored below grade with backfill consisting
of soil aggregate NJDOT designation I-13 or suitable excavated material
and shall be tamped in twelve-inch layers with a mechanical tamper.
(2)
All openings shall be restored below grade with backfill consisting
of bank run gravel or suitable excavated material and shall be tamped
in twelve-inch layers with a mechanical tamper.
B.
All material not suitable for backfill and all excess backfill material
shall be removed from the site and legally disposed of by the permittee.
Unless otherwise directed by the Director, upon completion of the opening and backfill as specified in § 328-19, the following specifications shall govern the maintenance and repair of street openings by the permittee.
A.
Roadway pavement openings shall be temporarily restored with backfill pursuant to § 328-19 to within 12 inches of below existing surface. The remainder of the trench shall be filled with six inches of dense graded aggregate, and six inches of NJDOT hot mix asphalt base course material and tamped and/or rolled with the minimum capacity of a five-ton roller. This temporary restoration shall remain in place for a minimum of four weeks. The trench shall be maintained to the existing grade by the addition of additional hot mix asphalt base course material as required until permanent restoration takes place.
B.
No permittee shall commence permanent restoration on any street foundation
or surface until the Township Engineer has determined that settlement
of the subsurface is complete and the area properly prepared for permanent.
C.
The final restoration shall include neatly saw cutting the edges
of the existing pavement to a minimum depth of six inches with a pavement
saw or pneumatic cutting tool. The saw cut shall be located 12 inches
beyond the excavation on all sides. The edges of the existing pavement
shall be tack coated. Four inches of NJDOT hot mix asphalt base course
material and two inches of hot mix asphalt surface course material
shall be installed and rolled with a minimum capacity five-ton roller
and meet the existing, adjacent grades with smooth transition and
no bumps.
D.
All roadway materials shall be manufactured to comply with the current
edition of New Jersey Department of Transportation (NJDOT) Standard
Specifications for Road and Bridge Construction, as amended.
E.
It shall be the responsibility of the permittee to maintain the temporary pavement restoration to the existing grade by the addition of hot mix asphalt base course material during the period prior to permanent pavement restoration work. Should the permittee fail to maintain such pavement opening, and upon 24 hours' notice by the Director, the opening may be repaired as specified by the Township, and the cost thereof deducted from deposits received in § 328-10.
F.
Driveway openings shall be replaced with the appropriate material
and in compliance with the Township's specifications for driveways.
Driveway aprons constructed within the Township's right-of-way and
adjacent public sidewalk shall be at minimum Class B concrete, six
inches thick. Sidewalk openings shall be replaced with Class B concrete,
four inches thick. Concrete work shall have a minimum compressive
strength of 4,500 pounds per square inch after 28 days.
G.
Where concrete curbing and/or gutters are disturbed, damaged or removed,
curbing and gutters of the exact configuration as the existing shall
be constructed. Concrete shall be portland cement concrete, air-entrained,
conforming to the New Jersey Department of Transportation Standard
Specifications for Class B concrete and shall have a minimum compressive
strength of 4,500 pounds per square inch after 28 days.
H.
All restoration work shall be performed to maintain and restore appropriate
drainage abilities, and without damage or impairment of the Township's
stormwater control measures and facilities.
A.
The Township shall release the permittee's security deposit, certified
check, or performance no sooner than six months and no later than
two years from the date of the Director's, Engineer's or their designee's
written approval of the work, depending upon the nature of the excavation
or road opening. In no event shall the Township release the security
deposit, certified check, or performance surety bond less than six
months from the excavation or road opening.
B.
In the event of the permittee's default of any of the terms, agreements,
covenants, or conditions of the permit on its part to be undertaken
and performed, said deposit may be used by the Township for any expense
incurred by the Township by reason of such failure or default on the
part of the permittee.
C.
After the expense of such failure or default has been paid and deducted
from the amount of the deposit, as determined and certified by the
Director, the balance shall be refunded to the permittee. If the security
is insufficient to cover expenses of the Township, it will place a
lien in the amount of the deficit upon said property for collection
in the same manner as taxes as authorized by resolution of the Township
Council.
All provisions of this article, except §§ 328-6, 328-7, 328-8, 328-9, 328-10, 328-11, 328-13, shall apply to state, county or municipal authorities and to contractors performing work in Township streets under construction contracts with municipal authorities, and such contracts shall contain provisions and specifications to insure compliance with this article.
Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would reasonably appear to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in §§ 328-14, 328-15, 328-16, 328-17, 328-18, 328-19, and 328-20. Immediate notice thereof shall be communicated to the Director, Police Department, and Fire Department. Notification of the emergency opening shall be provided to the Director within 24 hours following the initial opening. The twenty-four-hour notification shall be made via telephone, fax or overnight mail. The formal application for a permit shall thereafter be made within a period of 48 hours following the initial opening, and compliance with all the provisions of this article shall be met.
A.
In addition to enforcement of and liability for compliance with procedures
provided for previously in this article, any person, firm, corporation
or entity that shall violate any of the provisions of this article
shall, upon conviction thereof before any judicial officer authorized
to hear and determine the matter, forfeit and pay such fine not to
exceed $2,000 as shall be imposed by such judicial officer in his
discretion, and if the party so convicted is a natural person imprisonment
or community service not to exceed 90 days, or both, for each violation.
B.
Each day such violation continues or is permitted to continue shall
constitute a separate and independent violation of this article.
C.
The imposition of a fine or imprisonment as punishment for a violation
of this article shall not be deemed to be in lieu of any other provision
therein providing for revocation or suspension of any license or permit
issued thereunder.
A.
Any permit may be revoked by the Director, after notice to the permittee,
for:
B.
Written notice of such violation or condition shall be served upon
the permittee or his agent engaged in the work. The notice may be
given either by personal delivery to the permittee or by fax or by
mail addressed to the permittee.
C.
A permittee may be granted a period of 48 hours from the date of
the notice to correct the violation and proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Director shall cause such work to be done
as may be necessary to restore the area or part thereof to as good
a condition as before the opening was made. All expenses incurred
therein by the Township shall be recovered from the deposit/bond the
permittee has deposited with the Township.
