[Adopted 5-20-2003 by Ord. No. 511-2003 (Ch. VIII of the 1980 Code)]
It shall be unlawful for any person, firm, corporation, or company,
after having obtained a street opening permit therefor, to open or
disturb an area greater than that specified in said street opening
permit. No waiver from the street opening permit specifications will
be permitted without first formal written notification to, and formal
written response from, the Township Clerk after review and approval
by the Municipal Engineer.
A. No work within any public right of way shall be permitted before
7:00 a.m. or after 6:00 p.m. Monday through Friday. No work shall
be permitted on Saturdays, Sundays, and municipal holidays.
B. Prior to the placement of any equipment for work to be performed
under the street opening permit, the person, firm, corporation, or
company performing the work shall erect the necessary maintenance
protection of traffic devices. All maintenance and protection of traffic,
both signage and location, shall be in accordance with the published
details of the MUTCD. Any question arising as to the amount of required
traffic control devices shall be resolved by the Public Works Department
upon consultation with the Municipal Engineer. Failure to establish
the necessary traffic control prior to the initiation of any work
under a street opening permit shall be cause for revocation of said
permit.
C. Any street opening permit work which shall cause the temporary closure
of one lane of traffic shall not take place until a proper traffic
control plan has been submitted to and approved by the Municipal Engineer's
Office. After approval of said traffic control plan, at least 24 hours'
advance notice by telephone shall be provided to the Municipal Engineer's
Office. No complete closure of any municipal street shall be permitted
unless submitted with the original request for and issued under the
approved street opening permit.
D. Prior to the initiation of any excavation activity, proper erosion
and sediment control measures shall be employed to prevent any excavated
material from entering existing drainage facilities. Where it is determined
necessary by the Supervisor of Public Works, inlet filter material
shall be utilized during the course of excavation. Filter material
shall be removed upon completion of the excavation work. For projects
involving more than one day, the contractor shall maintain and replace
the filter material to assure functioning in rainfall events.
E. The contractor shall be required to perform all excavation, bedding,
backfilling, and disposal of excess material in conformance of § 207
of the Specifications. All openings shall first be sawcut. Trench
openings shall not be permitted to remain overnight. During excavations
greater than four feet in depth, the contractor shall utilize proper
equipment to protect undermining of the adjacent asphalt areas. Failure
to provide proper equipment to protect from undermining of the adjacent
asphalt area shall be cause for immediate cessation of work and revocation
of the street opening permit. Undermined areas shall immediately removed
through sawcutting and shall become part of the obligation of the
permittee for proper restoration.
F. Openings within asphalt pavement shall be restored with a minimum
typical section of six-inch thick dense aggregate base course, and
a three-inch thick bituminous concrete surface course, Mix I-5 in
conformance with the specifications. Where the existing asphalt section
is greater than three inches in thickness, a layer of bituminous stabilized
base course, Mix I-2, shall be placed between the gravel and surface
courses to match the existing depth of asphalt. Each placement of
gravel, bituminous stabilized base, and bituminous concrete surface
course shall be compacted in accordance with the specifications prior
to placement of the next layer.
G. Use of temporary asphalt pavement with the exception of cold patch
shall be permitted only during the week in which the opening was performed.
No temporary asphalt material shall be permitted to remain over weekends
or holidays. All permanent paving shall be completed by the Friday
of the week during which the opening was made.
H. Excavations made that disturb concrete gutter, curb, or sidewalk
shall be restored with NJDOT Class B Concrete, as defined in the Specifications,
within 24 hours after the opening was performed. No use of temporary
asphalt patch material shall be permitted in such areas. Immediately
after completion of the excavation, the area shall be brought to grade
with suitable clean backfill and thoroughly compacted. The area shall
then be property coned, flagged, and/or barricaded to prevent any
safety hazard.
In order to defray the expense of issuing the permit of the
work being performed under the street opening permit and assurance
that the work is being performed in the interests of the public health,
safety, and welfare, the fees for each street opening permit shall
be as follows:
A. Fees:
(1) For each opening or excavation not greater than 10 square feet in
surface area outside of the paved cartway of any municipal street,
avenue, road, or highway, the amount of $50.
(2) For each opening or excavation not greater than 10 square feet in
surface area within the paved cartway of any municipal street, avenue,
road, or highway, the amount of $100.
(3) For each opening or excavation 11 square feet or greater in area
outside of the paved cartway of any municipal street, avenue, road,
or highway, the amount of $50 plus $0.25 per square foot above 10
square feet.
(4) For each opening or excavation 11 square feet or greater in area
within the paved cartway of any municipal street, avenue, road, or
highway, the amount of $100 plus $0.50 per square foot above 10 square
feet.
(5) For any disturbance (drilling, probing, coring, etc.) of any paved
cartway area other than excavation, a fee of $50 for up to and including
10 square feet plus $0.50 per square foot greater than 10 square feet.
The amount of area shall be calculated by determining the actual width
(not less than one foot) by the total length of the number of disturbance(s).
B. Surety deposits.
(1) The company to which the permit is issued shall also deposit with
the Municipal Clerk prior to the issuance of any permit a performance
guaranty in the form of a performance bond, certified check, cashiers
check, or cash made out to the Township of Fairfield an amount equal
to the value of the permanent restoration, as follows:
(a)
Asphalt, base course: $5 per square yard.
(b)
Asphalt, top course: $5.50 per square yard.
(c)
Roadway milling: $3 per square yard.
(d)
Concrete curb: $25 per linear foot.
(e)
Concrete gutter: $25 per linear foot.
(f)
Concrete sidewalk: $35 per square yard.
(2) In lieu of the required performance guaranty, a public utility company,
as defined in N.J.S.A. 48:2-13, may file with the Municipal Clerk
a yearly performance guaranty in the amount of $5,000. The performance
guaranty shall be posted with the Municipal Clerk not later than January
15 of each year and shall only be for work performed by employees
of the public utility. Independent contractor work for a utility company
shall not be covered by the yearly public utility guaranty. The public
utility company shall have the right to request the governing body
to reduce the amount of the yearly performance guaranty based on a
submitted schedule of work for the year, but not less than $2,000.
If found acceptable, the governing body may reduce the yearly performance
guaranty to an amount established by resolution for that year. Such
passage of a resolution shall not entitle the public utility company
to reductions in future years without proper submission of the yearly
schedules as above required.
(3) The performance guaranty shall be held until completion of the work and conditioned upon either the public utility or contractor restoring to the conditions and within the time limits as outlined in the permit or elaborated in §
395-3 of this article, or both. Upon notification of completion of the work to the Municipal Clerk, the Public Works Director, or his designated representative, shall inspect the work within five municipal working days. The Public Works Director shall certify to the Municipal Clerk that the work is either satisfactory or unsatisfactory. If unsatisfactory, the conditions necessary to approve the work shall be so specified.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4) Should the public utility or contractor fail to perform the work
as outlined herein, the Township of Fairfield shall have the right
to perform the restorative work and the costs therein reimbursed by
and through the performance guaranty.
C. Inspections and traffic directors.
(1) The Township reserves the right to require the applicant to submit
a separate inspection escrow fee should the amount of the restorative
work dictate full-time inspection. The amount of the inspection escrow
fee shall be determined by the Township based on an estimate provided
by the Municipal Engineer and approved by the Township. Prior to the
issuance of the street opening permit by the Municipal Clerk, the
applicant shall provide the necessary inspection escrow in cash. Unused
inspection escrow monies will be returned to the applicant upon certification
by the Municipal Engineer to the Municipal Clerk that the work has
been satisfactorily performed.
(2) The Municipality reserves the right to require the applicant to employ
Independent Traffic Directors should it be determined by the Municipal
Engineer or N.J. State Police that Independent Traffic Directors are
necessary during the course of construction in the interests of public
safety. Should this be required, the contractor or utility company
shall provide to the Municipality an executed contract with an independent
company for the providing of certified Traffic Directors.
[Amended 4-20-2016 by Ord. No. 8-2016; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any person, firm, or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a penalty as provided in §
1-5 of this Code.
[Adopted by Ord. No. 485-2002 (§ 2-21 of the 1980 Code)]
The Township Committee of the Township of Fairfield creates
and adopts an Official Street and Roadway Map for the purposes of
establishing jurisdictional control by the Township of certain municipal
streets and delineating the state- and county-maintained streets and
roadways within the Township's borders.
The map entitled "Official Street and Roadway Map, Township
of Fairfield, Cumberland County" as prepared by Richard L. Carter,
P.E., Municipal Engineer, dated June 14, 2001, is hereby adopted.
The Official Street and Roadway Map shall be maintained on file
in the Municipal Clerk's office and a copy filed with the County
Clerk.
The Official Street and Roadway Map may be revised from time
to time through resolution by the Township Committee.