[Adopted 11-5-2018 by Ord. No. 2018-8[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Street Excavations, adopted 12-8-1975.
This article shall be known as "Franklin Township Street Opening
Ordinance."
No person, persons, partnership, association or corporation
shall excavate, dig, test drill, tunnel, construct or reconstruct
or otherwise disturb any public street, road, highway, curb, sidewalk,
culvert, utility structure or other public improvement or facility
located within any public right-of-way, easement, or property of the
Township of Franklin for the purpose of laying, changing, repairing,
connecting, constructing or maintaining any water, gas, sewer pipe,
or any electric, telephone, telegraph pipes or conduits, or for any
other purpose whatsoever, without first having obtained a permit from
the Township, in accordance with the rules and procedures specified
herein.
A.
Permit duration. Permits shall be valid for one year from the date
issued. After said date, the permit will be void and a new permit
must be obtained. If an extension is necessary to complete all work
included under the permit, a request in writing must be made to the
Township.
B.
Permit extensions. A permit may be renewed or extended for a period
of time not to exceed the total time of the original permit, upon
request of the permittee and upon payment of a new fee.
C.
Permits issued under the provisions of this regulation are not transferable.
D.
Revocation of permits. Permits may also be revoked at any time if
it is found by the Township that the permittee has failed to comply
with the provisions of this regulation or the permit, provided that
written notice has been given to the permittee of such failure and
that the permittee has failed to correct the defect. If, after permit
revocation, it becomes necessary for the Township to either complete
the work or to refill and repair the opening, the cost of such work
by the Township will be recovered through the performance guaranty
which was posted by the permittee.
A.
The provisions of this regulation shall not apply to work involved
within the rights-of-way of roads or easements owned, regulated and
within the responsibility of the County of Warren or the State of
New Jersey, or their various departments, bureaus or agencies.
B.
The provisions of this regulation shall not apply to the installation,
erection, replacement or maintenance of wood utility poles for electric
distribution, telephone or telegraph installations, nor to such other
appurtenances such as stub poles, anchors, guys or ground lines, incidental
to these poles, where such poles and appurtenances belong to any of
the franchised public utility companies operating within the county.
A.
Applications for street opening permits shall include the following
information:
(1)
Street opening application form. Application forms shall be obtained
from the Township Clerk or Township Engineer.
(2)
Plan or sketch showing the location of the proposed work in relation
to existing streets; existing facilities such as pavement, curbing,
sidewalk, driveways, drainage facilities and utilities in the work
area; and details of the proposed work, including limits and depth
of excavation, proposed facilities, and trench restoration details.
(3)
Estimate of quantities and cost of the work and estimate of days
to complete in half day increments.
(4)
Application fee and escrow deposit.
(5)
Performance guaranty.
(6)
Certificate of insurance.
B.
The application shall include the name of the individual, firm, partnership,
corporation or utility company for whom the work is being performed.
The application shall be signed by a duly authorized officer or agent
of the company for whom the work is being performed.
C.
The application and supporting documents shall be submitted to the
Township Engineer.
D.
The Township Engineer shall be the issuing authority for street opening
permits. Upon receipt of an application for a street opening permit,
the Township Engineer shall submit one copy of the application to
the Township Attorney for review.
E.
Upon completion of his review, the Township Engineer shall notify
the applicant either that the application is approved or denied along
with reasons for the denial. If, however, additional information is
deemed necessary to complete his review, the Township Engineer shall
notify the applicant of the additional information which is required
to be submitted.
F.
A copy of the street opening permit shall be maintained on the work
site by the contractor/permittee for inspection upon request by the
proper authorities.
G.
All applicants granted a street opening permit shall be responsible
for properly conducting the work in accordance with the requirements
of this chapter.
A.
A performance guaranty in the amount equal to 120% of the construction
cost estimate shall be provided as security for the faithful performance
of all work. The performance guaranty shall be a certified check,
bank draft, irrevocable letter of credit or performance bond. Surety
company bond forms meeting the requirement of the State of New Jersey
are acceptable. The performance guaranty will be returned to the applicant
upon successful completion of all work and acceptance by the Township.
If all work is not completed in conformance with the permit requirements,
the Township may, at its option, use the performance guaranty to complete
all work affecting the Township facility.
B.
Public utilities. Public utility corporations of the State of New
Jersey may, in lieu of the above performance guaranty, file a corporate
bond on a yearly basis in an amount of $10,000. Such corporation bond
would cover all construction operations of the public utility corporation
within the county, thereby exempting said utility from the necessity
to file performance guaranties for individual opening projects. However,
such public utility corporations, operating under the terms and protection
of a corporate bond, will still be required to make application for
each opening permit, to file the application fee and to pay all costs
to the Township.
A.
Upon satisfactory completion of the work, the permittee shall provide
a maintenance guaranty in the amount of 5% of the final construction
cost to be in effect for a minimum period of one year. The maintenance
guaranty shall be a certified check, bank draft, letter of credit
or maintenance bond.
B.
Public utility corporations of the State of New Jersey may, in lieu
of providing a maintenance guaranty for each project, provide a blanket
guaranty or warranty in lieu of a maintenance bond.
A.
The permittee/contractor who will actually be performing the work
shall continuously maintain insurance and other security for adequate
protection of all his work from damage and shall protect the Township's
property from damage, injury or loss arising in connection with the
contract. The permittee/contractor shall completely indemnify the
Township in regard to any such damage, injury or loss. The permittee/contractor
shall take all necessary precautions for the safety of personnel on
the work site and shall comply with all applicable provisions of federal,
state and municipal safety laws and building codes to prevent accidents
or injury to persons on, about or adjacent to the premises where the
work is being performed. The permittee/contractor shall erect and
properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection
of workmen and the public. If it becomes necessary for the permittee/contractor,
either as principal or by agent or employee, to enter upon the premises
or property of the Township in order to construct, erect, inspect,
make delivery, or remove property hereunder, the permittee/contractor
hereby covenants and agrees to take, use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against
the occurrence of happenings of any accidents, injuries, damages or
hurt to any person or property during the progress of the work herein
covered, and to be responsible for and to indemnify and hold harmless
the Township from the payment of all sums of money by reason of all,
or any, such accidents, injuries, damages, or hurt that may happen
or occur upon or about such work.
B.
The permittee/contractor who will actually be performing the work
shall procure and maintain:
(1)
Worker's compensation and employer's liability insurance in conformance
with all statutory requirements prescribed by law, which shall be
maintained in force during the life of this permit by the permittee/contractor,
covering all employees engaged in performance of this permit in accordance
with the applicable statute.
(2)
General liability insurance with limits of not less than $1,000,000
for any one person and $1,000,000 for any one accident for bodily
injury and $300,000 aggregate for property damage shall be maintained
in force during the life of the permit by the permittee/contractor.
The permittee/contractor shall procure and maintain an umbrella or
excess policy with limits of not less than $5,000,000 for any one
person or any one accident for bodily injury, unless a lesser limit
is approved by the Township. In the event more than one insured is
named in the policy, a cross-liability endorsement shall be included
which provides that the employees of each of the named insured are
not excluded under the policy in respect to claims that are made against
other named insured.
(3)
Automobile liability insurance covering permittee/contractor for
claims arising from owned, hired and nonowned vehicles with limits
of not less than $1,000,000 for any one person and $1,000,000 for
any one accident for bodily injury and $500,000 each accident for
property damage, shall be maintained in force during the life of this
permit by the permittee/contractor.
C.
Lesser insurance coverages may be allowed for projects with moderate
or medium liability exposure in accordance with the Township's insurance
coverage guidelines. Major or high hazard projects undertaken may
require higher limits and specific coverages as recommended by the
Township's insurance agent.
D.
A thirty-day notice of cancellation provision shall be provided.
E.
Certificates of the required insurance as listed above shall be submitted
with the Township of Franklin and the Township Engineer listed as
additional insureds.
F.
Public utilities and municipalities may submit insurance certificates
on an annual basis.
Whenever the governing body enacts any ordinance or resolution
providing for the reconstruction or resurfacing of any street, the
Township Engineer shall promptly mail a written notice thereof to
all owners of utilities within said street. Such notice shall notify
the utility owner that street opening permits for said street will
not be issued for a period of five years after the date of enactment
of the ordinance or resolution. The notice shall also advise that
any application for street opening permits in said street shall be
promptly submitted in order that the excavation work can be done prior
to the street being repaved. During the five-year period no street
opening permit shall be issued to excavate a newly reconstructed or
resurfaced street unless, in the judgment of the Township, an emergency,
as described in this chapter, exists which makes it essential that
the street opening permit be issued.
In the event of an emergency in which a sewer, water main, gas
line or other conduit breaks or bursts such as to endanger the property,
life, health or safety of any individual, the person, firm or corporation
owning such line, without first applying for a street opening permit,
shall immediately notify the Police Department and then take proper
action to cure or remedy the hazardous situation. After remedying
the immediate situation, the person or firm owning the utility line
shall apply for a street opening permit in accordance with the provisions
of this chapter within 48 hours of the repair. The owner shall not
proceed with any permanent repair until he has first obtained a street
opening permit.
A.
Work schedule. No work on this permit shall be performed on Saturdays,
Sundays or legal holidays. The Township may waive this requirement
only if it is in the Township's best interest for public safety or
construction conditions that warrant job continuation.
B.
Accident prevention. The permittee/contractor shall take all necessary
precautions to ensure safety at all times with all construction-related
activities. The U.S. Department of Labor, Occupational Safety and
Health Administration (OSHA) Regulations 29 CFR, shall be complied
with at all times. The permittee's/contractor's attention is particularly
directed to the requirements of the current Construction Safety Code
promulgated by the New Jersey Department of Labor and Industry, Bureau
of Engineering and Safety. Article 3.6 of the Construction Safety
Code states the requirements regarding reporting of accidents involving
injury, loss of life and property damage. Failure to comply with applicable
safety standards will result in appropriate action by the Township
to ensure that safety is maintained on the project.
C.
Maintenance and protection of traffic. The permittee/contractor shall
be responsible for maintenance and protection of traffic during construction
along or adjacent to the roadway. The current edition of the Manual
on Uniform Traffic Control Devices for Streets and Highways (MUTCD),
U.S. Department of Transportation (USDOT), and all amendments thereto,
shall govern the maintenance and protection of traffic during construction.
The Township may specify that the permittee/contractor prepare a traffic
control plan to ensure the safe and expeditious movement of traffic
through work zones. Applicants shall contact the police department
for traffic control input and/or assistance at least 72 hours prior
to the commencement of work.
D.
Commencement of work. Prior to the commencement of work, the permittee/contractor
shall call the New Jersey One-Call Damage Prevention System (1-800-272-1008)
for the mark out of all underground utilities. At least 24 hours before
the permittee/contractor plans to commence work under a street opening
permit, the permittee/contractor shall advise the local police chief
that the work is to start. The permittee/contractor shall also contact
the Township's Department of Public Works for the mark out of any
Township-owned facilities.
E.
Supervision. The permittee/contractor shall have a qualified supervisor
at the site of the opening work during all working hours.
F.
Inspection. The Township Engineer shall be responsible for inspection
of the work. All materials, including excavated materials, are subject
to inspection and approval by the Township. Where the planned opening
will be made through, adjacent to or near another existing public
utility facility, the permittee/contractor shall notify said utility
company, whose representative shall be given access to the construction
to observe and inspect that portion of the work involving said utility
facility.
G.
Protection of private property. Prior to starting work on the opening,
it shall be the responsibility of the permittee/contractor to advise
each nearby or adjacent property owner whose property will be temporarily
inconvenienced or disturbed by the project when the work will be commenced
and what effect the work will have on the owner's use of his property.
The permittee/contractor will be solely responsible for any damage,
inconvenience or disruption to nearby or adjacent properties, and
will hold the Township harmless from any claims arising from the conduct
of work. It will be the permittee's/contractor's obligation and responsibility
to arrange for any rights of entry or easements needed. The permittee/contractor
shall not store tools, machinery, materials, dirt or debris on private
property. The permittee/contractor shall not use water, electricity,
telephone or other private facilities without first obtaining permission
from the property owner.
H.
Conduct of the work. The work shall be done in an efficient and workmanlike
manner and in accordance with the plans and specifications, using
proper tools, machinery, materials and manpower to effect a quality
and expeditious job. Failure to perform in a manner satisfactory to
the Township according to the standards set forth herein may result
in revocation of the permit. Where the Township's inspector deems
it necessary for the protection of the public, or to proper installation
of the permittee's facilities, he may order a cessation of work by
the permittee/contractor pending such action by the governing body,
provided that such cessation order may in no event exceed eight days
in duration. Except under emergency conditions, all work will be conducted
between the hours of 7:00 a.m. and 7:00 p.m. or dusk, whichever comes
first.
I.
Maintenance of opening. After the permanent repair has been completed
and approved by the Township's inspector, the permittee shall be responsible
for maintaining the opening for a period of 12 months. This work shall
include refilling, compacting, repaving, repairing damage, restoring
turf or shrubbery, as necessary. The permittee's maintenance bond
shall be released at the end of the twelve-month maintenance period,
subject to the satisfactory condition of the opening.
J.
Street closings. The permittee/contractor shall not close or obstruct
any streets, sidewalks, alleys or passageways unless specifically
authorized by the Township. Prior to the actual closing, the permittee/contractor
shall also notify the Police Chief and Fire Chief of the anticipated
dates and duration of the closing. No material whatsoever shall be
placed or stored in streets, alleys or passageways. The permittee/contractor
shall conduct its operations so as to interfere as little as possible
with the use ordinarily made of any roads, streets, driveways, alleys,
sidewalk facilities, etc., near enough to the work to be affected
thereby.
K.
Cleanliness. If dust, dirt, air pollution, poor housekeeping or detrimental
material is allowed to exist, occur or continue as a result of the
work to the point where the public is unduly inconvenienced or disturbed,
in the opinion of the Township, the Township may stop the work until
the condition is corrected. Streets are to be kept broom-cleaned on
a daily basis. If dust persists, streets may be required to be hosed
clean. The Township may direct the permittee/contractor to spread
dust-inhibiting chemicals.
A.
Aboveground utilities. All aboveground utility installations should
be in accordance with the standards established by the New Jersey
Department of Transportation for utility accommodation in Chapter
25 of the New Jersey Administrative Code. Utility companies should
contact the Township prior to poles being relocated or new poles installed
to make sure that installations will not conflict with future road
improvements.
B.
Removal of existing features. The existing pavement, blacktop or
concrete shall be cut in a straight line or lines prior to any subsurface
excavation, which shall be confined to the area between the cuts.
If pavement, curbing, sidewalk, or other surface construction becomes
damaged, ragged or zig-zagged when it comes time to repave or replace
the facility, the edges shall be cut or recut in a straight line or
lines to the satisfaction of the Township, in general parallel with
the lines of the excavated trenches and in a width sufficient to accommodate
the entire excavation and to create a smooth finished appearance when
the construction is completed.
C.
Curbs, sidewalks, driveways, etc. Where the opening involves cutting
through existing curbs, sidewalks, driveways and any other surface
structures, the permittee/contractor shall rebuild or replace such
surface structures as closely as possible duplicating the original
as to dimensions, grade, appearance and materials. Curbs, sidewalks,
concrete aprons and other miscellaneous structures shall be reconstructed
with NJDOT Class "B" concrete air-entrained.
D.
Existing pipes, utilities, subsurface structures. Any existing subsurface
pipes, utility lines, drains, foundations, abutments, inlets or other
structures that may be disturbed, damaged, or removed during the necessary
opening work are to be replaced, reconstructed or repaired under the
direction of the Township and the appropriate officials of the utility
company whose facility may be involved. Such replacement, reconstruction
or repair shall be made using materials, methods and standards of
workmanship as specified by the Township, or, in the case of a public
utility facility, to the standards imposed by said utility. Caution
and care shall be exercised by the permittee/contractor not to disturb
such existing structures or facilities exposed by the opening and
found to be in or adjacent to the opening.
E.
Tunneling. In cases where it becomes necessary to resort to tunneling
operations to accomplish the opening work in a most practical way,
then the backfill in such tunnel shall be rammed soil composed of
a mixture by volume of one part cement to six parts of aggregate material
such as sand or three-quarter-inch quarry blend stone. Tunneling shall
be permitted only with the approval of the Township and when the need
for tunneling is indicated on the application for permit. Jacking
or drilling is not considered to be tunneling.
F.
Jacking and drilling. Jacking and drilling will be permitted when
the need is indicated and when the applicant's engineer certifies
that in his opinion other existing structures or utilities will not
be disturbed or damaged thereby.
G.
Blasting. No blasting shall be allowed unless the Township is notified
in advance. Blasting and the use of explosives shall be permitted
provided that all aspects of blasting and the use and storage of explosives
shall, at all times, be in accordance with the provisions of the Explosives
Act (N.J.S.A. 21:1A-i28 et seq.).
H.
Surplus materials. The permittee/contractor shall remove all surplus
or unusable fill, debris and other materials from the job site at
his own expense. The area shall be cleaned up and restored at the
end of the work, to the satisfaction of the Township. Machinery, vehicles
and tools of the permittee/contractor shall be promptly removed from
the job site when the work has been completed.
I.
Excavation.
(1)
The trench shall be excavated along the lines designated on the approved
plans and to a depth sufficient to provide cover over the mains of
not less than four feet, except where greater or lesser depths of
cover are shown on the detailed plans or are necessary due to the
existence of utilities or to connect to existing lines. The trench
shall be not less than one foot and no more than two feet wider at
the bottom than the outside diameter of the pipe. Where the trench
is excavated at any place below the proper grade, excepting at joints,
it shall be refilled to grade with sand or loam and thoroughly compacted.
(2)
No more than 100 feet of trench will be opened in advance of the
utility installation, unless permitted by the Township's inspector.
All open trenches shall be backfilled by the end of the work day.
(3)
The material excavated shall be laid compactly on the side of the
trench and kept trimmed up so that it will be of as little inconvenience
as possible to the traveling public and to adjoining tenants. Where
the streets are paved, the paving material shall be kept separate
from the other materials excavated. All streets shall be kept open
for travel unless otherwise approved by the Township.
J.
Sheeting and bracing.
(1)
The permittee/contractor is solely responsible for the safety of
the job site. The permittee/contractor shall furnish, put in place
and maintain such sheeting and bracing, etc., as may be required to
support the sides of the excavation and to prevent any movement of
earth which could in any way diminish the width of the excavation
below that necessary for proper construction.
(2)
All trenching operations will comply with Occupational Safety and
Health Administration (OSHA) regulations 29 CFR 1926.1. Safety requirements
and precautions for excavations will be implemented prior to that
work being commenced.
K.
Temporary trench plating.
(1)
All temporary trench plating shall be designed to carry all legal
highway loads. The plating shall be properly supported and anchored
to prevent all movement. All plating intended to be left in place
overnight shall be recessed into the adjoining pavement so that the
top surface of the plating is flush with the pavement.
(2)
Construction signs will be installed on both approaches warning the
motorists of the temporary plating and that it is slippery when wet.
L.
Backfilling.
(1)
Backfilling for utility improvements in pavement areas and shoulders
or within five feet of the edge of any proposed pavement will be with
dense graded aggregate base placed in six-inch lifts. Each layer shall
be compacted with flat-face mechanical tampers to 95% minimum dry
density. If the pipe area is not to be paved, the dense graded aggregate
will be filled to the finished pavement grade.
(2)
The only methods of compacting the backfill material permitted shall
be mechanical compaction in lifts as specified. Consolidation will
not be acceptable as a method to achieve the soil densities specified.
(3)
The Township may require or perform soil density checks at randomly
chosen lifts. Density testing will be performed at the completion
of the compaction effort. Compaction requirements will be strictly
enforced. The cost for compaction testing shall be the responsibility
of the permittee.
M.
Trench restoration.
(1)
Bituminous concrete and bituminous surface treated pavements. In
bituminous concrete and bituminous surface treated pavements, the
trench area will be restored with a five-inch bituminous concrete
base course and a two-inch bituminous concrete surface course. In
areas where the pavement is thicker than six inches, additional bituminous
base shall be placed to the depth of the existing pavement. The bituminous
concrete repair shall extend at least six inches outside the limits
of the trench.
(2)
Portland cement concrete pavements.
(a)
In Portland cement concrete pavements and in roads with Portland
cement concrete bases, the pavement shall be replaced with the same
materials and in the same thickness. When the trench opening is within
five feet of a transverse joint, the remaining section of the slab
shall be removed and replaced.
(b)
Care shall be taken to protect expansion joint dowels. Dowels
shall be straightened after concrete removal, if disturbed. The existing
expansion joint material shall be replaced prior to placing new concrete.
(c)
Existing subgrade is to be brought back to proper grade and
properly compacted. Any soft areas are to be removed and replaced
with proper material.
(d)
If the slab removal ends prior to a joint, number five bars,
18 inches long, are to be drilled and grouted in the center of the
slab. Bar spacing will be six inches from the slab edge and 12 inches
between bars. The new slab reinforcing steel shall be number four
bars, 12 inches on center longitudinally and number four bars, 24
inches on center transversely (minimum of two), set approximately
three inches below the top of the finished slab.
(3)
Repaving required.
(a)
Milling and repaving shall be required when the opening in the
pavement (continuous or separate), spans a distance measured along
the center line of the lesser of 200 feet or a distance of 60% of
roadway centerline as determined by the Township Engineer. The width
of the paving shall be half the width of the road if the work did
not cross the center line and the full width of the road if the work
crossed the center line or the road width is 15 feet or less. The
permitee/contractor shall provide adequate traffic control measures
until the pavement has cooled.
N.
Unimproved shoulder areas.
(1)
Trenches outside the pavement which are required to be backfilled
with dense graded aggregate base material shall be brought up to the
finished shoulder grade and uniformly compacted.
(2)
Trenches not requiring dense graded aggregate may be backfilled with
suitable material and properly compacted. The final four inches to
six inches of the trench shall be backfilled with topsoil, compacted,
seeded, fertilized and mulched.
O.
Temporary surfacing. Pending the actual repaving or reconstruction
operations stated above, the permittee/contractor shall provide a
temporary pavement or surface over the compacted refilled opening,
of such material as shall be directed by the Township. The permittee
shall maintain, refill and temporarily repave said surface from time
to time as may be required by the Township until a permanent pavement
has been constructed to provide a properly graded traveling surface.
P.
All improvements shall be constructed in accordance with the New
Jersey Department of Transportation Standard Specifications for Road
and Bridge Construction.
A.
Violations. Any person or persons, firm or corporation violating
any section of this regulation which results in damage to or obstruction
of any public road, gutter, storm drain, ditch, basin, inlet or culvert
shall be responsible for all expenses incurred by the Township for
repairing said damage, removing said obstruction in addition to the
penalties herein provided.
B.
Penalties. Any person or persons, firm or corporation violating any
section of this regulation shall, upon conviction thereof, be subject
to a fine not to exceed $500 or imprisonment for a period not to exceed
90 days, or both. Each and every day that said violation continues
shall constitute a separate and specific violation.
