[Adopted 8-28-70 as Ord. No. 0-13-70 as Ch. 61 of the 1970 Code of the Township of Winslow]
[Amended 5-23-06 by Ord. No. 0-12-06]
A.
No person, firm or corporation shall cut, break into or open any
public street, road, or highway in the Township of Winslow and under
the township's dominion and control unless he, they or it has theretofore
obtained a written permit for that purpose from the Township Clerk
under the provisions of this Article.
B.
No permits shall be granted on newly resurfaced township streets,
roads, or highways under the township's dominion and control for a
period of five (5) years from the date the Township Engineer certifies
that the resurfacing is complete except in cases of emergency. An
emergency shall include sudden and emergent breaks of any water, sewer,
gas, oil or other ground lines which endanger the life, health and
safety of the public or people of the Township of Winslow or their
property. The making of any such opening or excavation shall be reported
immediately within twenty-four (24) hours to the Police Department
and the Construction Official, and a written permit shall be obtained
within forty-eight (48) hours.
C.
An emergency shall be determined exclusively by a majority of the
Township Administrator, Township Engineer, Director of Public Works,
and Municipal Utilities Superintendent, when applicable, who shall
also determine the method utilized for the road opening and such other
requirements they deem appropriate for the protection of the Township
of Winslow, including but not limited to the posting of bond, proof
of insurance, copy of the contractor's or vendor's driver's license,
an application for public water and/or sewer connection, current Department
of Municipal Utilities Standards, securing adequate traffic control
and a determination as to whether or not the permittee shall be responsible
for all costs associated with restoration of the road surface.
[Amended 5-26-2020 by Ord. No. O-2020-016]
A.
Written application for the permit shall be accompanied by a plan
or map showing in detail the location of the proposed opening of the
highway or highways therein identified and the dimensions of the breadth
or width and length of such opening and shall contain a short statement
of the purpose for which the street is to be opened, the name or names
of the owners for whom the work is to be done and the name or names
of the contractors who are to perform the work for which the street
is opened and said application must be accompanied by a vendor information
form for a new applicant. In the instance where water and/or sewer
lines and appurtenances are installed, the application must also include
general liability insurance and a copy of the contractor's or vendor's
driver's license. A completed and signed application for a public
water and/or sewer connection along with a signed copy of the current
Department of Municipal Utilities Standards are required. The fee
hereinafter provided to be paid to the Township of Winslow will be
calculated as follows:
[Amended 4-24-18 by Ord. No. O-2018-014; 5-26-2020 by Ord. No. O-2020-016; 9-13-2022 by Ord. No. O-2022-022]
(1)
For every permit to open an unpaved/grassy area where the opening
to be made is twenty (20) square feet or less in size: the sum of
thirty dollars ($30) per opening.
(2)
For every permit to open an unpaved/grassy area where the opening
to be made is larger than twenty (20) square feet: the sum of thirty
dollars ($30) per opening, for the first twenty (20) square feet and,
in addition thereto, the sum of one dollar ($1) for each additional
square foot of opening per opening.
(3)
For every permit to open street whose surface is paved or otherwise
covered or treated, where the opening to be made is twenty (20) square
feet or less in size: the sum of seventy dollars ($70) per opening;
provided, however, that the applicant for the permit, in addition
to the fee for permit as herein provided, shall deposit with the Clerk
of the Township of Winslow, a check to the order of the Township of
Winslow in the amount of three hundred fifty dollars ($350) per opening
for the purposes herein expressed.
(4)
For every permit to open a street whose surface is paved or otherwise
covered or treated, where the opening to be made is larger than twenty
(20) square feet in size: the sum of seventy dollars ($70) per opening
for the first twenty (20) square feet and, in addition thereto, the
sum of two dollars ($2) for each additional square foot of opening
per opening; provided, however, that the applicant for the permit,
in addition to the fee for the permit as herein provided, shall deposit
with the Clerk of the Township of Winslow, a check to the order of
the Township of Winslow, in the amount of three hundred fifty dollars
($350) per opening for the first twenty (20) square feet, and in addition
thereto, the sum ten dollars ($10) for each additional square foot
of opening per opening for the purposes hereinafter expressed.
B.
A public utility company shall be entitled to a permit to open a
paved or unpaved street upon depositing with the Township of Winslow
a bond in the amount of five thousand dollars ($5,000.) conditioned
upon full compliance with the provisions of this Article as hereinafter
expressed and only for the purpose of permitting street openings necessary
or required in the performance of the service of said public utility
company. Said public utility company shall be entitled to the return
of said bond upon satisfactory compliance with said provisions hereinafter
set forth and upon payment to the Township of Winslow of all costs,
expenses and fees pertaining to same. In determining fees applicable
to a public utility, the provisions of the Winslow Township Code apply
notwithstanding the applicant if a public entity.
[Added 3-26-71 by Ord. No. 0-3-71; 4-26-89 by Ord. No. 0-22-89]
A.
The permittee
shall maintain safe crossings along the line of openings and keep
the same properly guarded by suitable barricades and warning signs
during the day and by barricades and lights by night. If the excavation
exceeds the full width of the road, only one-half (1/2) of the road
shall be opened, and this is to be backfilled before the other half
is opened, so as to permit the free flow of traffic.
B.
At the
end of each working day, the permittee shall clean the road surface
of all fill, silt, dirt, stones or any other materials generated as
a result of their activity, either by hand or with a street sweeper.
However, the Township may require the permittee to operate a street
sweeper to clean the road surface at the end of each day should the
amount of debris be excessive.
[Added 9-13-2022 by Ord. No. O-2022-022]
[Amended 4-24-18 by Ord. No. O-2018-014]
A.
The permit holder, in all instances, shall cause the openings to
be properly filled and the fill to be properly rammed or puddled or
compacted to prevent settlement of the fill, which shall be done immediately
upon completion by the permittee of the work it is doing in said street
opening. Said openings are to be so filled as to permit traffic to
pass over the fill without resurfacing and in safety, and the same
shall be redone by the permittee for so long as same is required until
the surface has been permanently repaved or restored in conformity
with its original condition. The permittee shall periodically re-inspect
and so restore same as required from time to time.
B.
Notwithstanding anything herein to the contrary, the Department of
Public Works and the Municipal Utilities Department, when applicable,
must be notified prior to the permit holder undertaking any permanent
repair. Permanent repair must be performed in accordance with the
following standards:
[Amended 5-26-2020 by Ord. No. O-2020-016]
(1)
Approved clean fill compacted in lifts followed by: 6" of compacted
dense graded aggregate; 4" of Bituminous stabilized base, HMA 19M64;
and 2" of tacked bituminous surface course, HMA 12.5M64, applied evenly
within the existing roadway; provided that the size of required surface
course shall be determined by the Director based upon the impact to
the roadway.
(2)
Trench openings which run transversely shall be restored to a minimum
of 4 feet wide. Multiple openings within 25 feet of one another and
longitudinal trenches greater than 10 feet shall be milled 2" and
shall have continuous surface paving to grade as outlined below.
C.
All trenches/openings which qualify for resurfacing shall be repaved
as follows:
(1)
One Travel Lane or Deceleration Lane or Shoulder — Surface
restoration shall extend the length of the area of disturbance and
the width of the lane or to the closest joint.
(2)
Openings along the Middle of the Road or exceptionally deep trench
openings — Surface restoration shall extend across the full
width of the paved road.
D.
An installation
or permanent repair of a water or sewer line in a roadway with associated
appurtenances is to adhere with current Department of Municipal Utilities
Standards. Standards are available at the Municipal Utilities Office.
A twenty-four-hour notice to the Department of Municipal Utilities
is required for an inspection, or before backfilling an open excavation
or trench. During that time, it's the responsibility of the contractor,
vendor or responsible person in charge, to properly secure and maintain
a safe area until the time of the inspection. To schedule an inspection,
contact the Department of Municipal Utilities 609-567-0700.
[Added 5-26-2020 by Ord.
No. O-2020-016]
[Amended 4-24-18 by Ord. No. O-2018-014]
Should it be necessary for the Township of Winslow to resurface
or repave the street so cut, broken into or opened, at the expense
of the licensee, within ninety (90) days after notice received by
it from the licensee that said opening has been properly filled, which
shall be done in accordance with the following:
A.
The cost for resurfacing the opening in any street which is macadamized
or contains asphalt on traprock, asphalt on gravel or bituminous-treated
gravel or which contains some other paved or treated surface shall
match the cost to the Township based upon Winslow's annual publicly-bid
paving contract.
B.
The cost of materials resurfacing the opening in an unpaved street with such material as is contained on the other portion of said street shall match the cost to the Township. In addition thereto, the cost of labor and equipment for resurfacing the opening in an unpaved street shall be charged in accordance with the labor and equipment fees set forth in Section 29-1 of Chapter 29 of the Code of the Township of Winslow entitled "Fees," as same is shown in the Schedule of Miscellaneous Fees under Grass Cutting Fees and Cleanup of Debris and Demolition Fees, as same may be amended from time to time.
The Township of Winslow shall retain, from the deposit money
hereinabove referred to, the sum calculated as the cost for said resurfacing
as hereinabove provided, and any sum remaining or unused from said
deposit money shall be returned to the applicant or permittee who
made said deposit in the first instance; however, only after same
has been retained for a period of three (3) additional months from
the date of paving or resurfacing, during which time any additional
resurfacing or refilling of said opening which may be required shall
be done, and the cost of which, as hereinabove provided, shall also
be chargeable and deducted therefrom.
[Amended 4-24-18 by Ord. No. O-2018-014; 5-26-2020 by Ord. No. O-2020-016]
The Township Committee may grant permission to the applicant
or permittee to permanently restore, with his own employees or a contractor
approved by the Township Committee, said road surface. Said restoration
shall be performed in a manner satisfactory to the Director of the
Department of Public Works and the Superintendent of Municipal Utilities
or their designee upon inspection. Only upon the expiration of three
months from the date thereof shall said deposit be returned to the
applicant or permittee and only then upon inspection and approval
of the condition of said restoration by the Director of Public Works
and the Superintendent of Municipal Utilities or their designee to
their satisfaction.