As used in this chapter:
a.
ARTERIAL STREETS -- Shall mean those streets which are used primarily
for fast or heavy traffic.
b.
COLLECTOR STREETS -- Shall mean those streets which carry traffic
from minor streets to the major systems of arterial streets including
the principal entrance streets of the residential development.
c.
MARGINAL ACCESS STREETS -- Shall mean streets which are parallel
to and adjacent to arterial streets and highways; and which provide
access to abutting properties and protection from through traffic.
d.
OWNER -- Shall mean any person, firm, association or corporation
having an interest in the subject matter, hereof and shall include
for the purpose of this chapter the owner, developer, applicant, agent,
engineer or other person representing such owner as defined herein.
No street or road shall be accepted by the township committee
and taken over as a township thoroughfare to be maintained as such
at the public expense unless it shall comply with the following Minimum
Road Design Standards for Road Acceptance and no map intended as a
dedication of any lands for public streets submitted to the township
committee for approval will be approved or accepted for such purposes
unless the map shall comply with the following Minimum Road Design
Standards for Road Acceptance:
a.
Minimum Road Design Standards for Road Acceptance.[1]
[1]
Editor's Note: The Minimum Road Design Standards for Road Acceptance are included as an attachment to this chapter.
b.
All streets as defined herein are to be built in accordance to plans
and specifications drawn and written by the competent engineer and
which have been approved by the township committee and the township
engineer. The plans and specifications shall include the existing
ground conditions and final finished road grades in both profile and
in cross section. The plans shall also provide for proper drainage
of slopes, cuts and intersections which must in turn be related to
the particular drainage conditions of the immediate vicinity.
c.
In the event any ditch, pipeline or water-course crosses the right
of way, proper provision must be made for carrying it and must be
shown on map. If the water course is such as to come under the jurisdiction
of the Warren County Board of Chosen Freeholders, written consent
to the location of the street must accompany the map. The map must
clearly show the type of bridge, culvert, pipe, or other structure
that will provide for the water course or stream.
a.
Street intersections shall be as nearly at right angles as possible
and in no case shall be less than 60 degrees. The block corners at
intersections shall be rounded with a curve having a radius of not
less than 20 feet.
b.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
c.
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
d.
When connecting street lines deflect from each other at any one point
by more than ten degrees and not more than 45 degrees they shall be
connected by a curve with a radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
e.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
f.
Dead-end streets shall not be longer than 600 feet and shall provide
a turn around at the end with a radius of not less than 50 feet and
tangent whenever possible to the right side of the street.
If a dead-end street is of a temporary nature, a similar turn
around shall be provided and provisions made for future extensions
of the streets and reversion of the excess right-of-way to adjoining
properties.
g.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the name of existing streets. The continuation
of an existing street shall have the same name.
h.
No directional signs or street signs shall be erected along the public
highway unless approved by the township committee.
i.
The survey or map showing the location and setting of monuments (all
street intersection or angle monuments to be of hard durable material
having a depth of at least two and one half feet and at least six
inches square at top), grading, drainage systems, sewer lines, manholes,
contours, curbs, sidewalks, and other structures prescribed herein
must have the approval of the township engineer and the township committee.
j.
The location and termini of the right-of-way must not interfere with
other streets of the township and shall be so constructed as not to
constitute a traffic hazard or to seriously interfere with the access
of any abutting property owner to a through street. In all cases where
a proposed street will intersect a street which is within the jurisdiction
of the N.J. State Highway Department, written approval of such intersection
by such department shall be submitted to the township committee.
k.
The title to the right of way must be approved by the township attorney
and any deed of dedication, releases of mortgages or other title instruments
required at the expense of the owner, and the owner shall likewise
pay the cost and expense of publication of any ordinance which, in
the opinion of the township attorney, is required for acceptance of
any street.
At least three copies of the survey or maps of the street (one
of which shall be a reproducing linen tracing) shall be filed with
the township committee when application is made to the township for
the approval of the map or survey, and the acceptance of the streets
shown thereon.
The township committee in its discretion may refuse to approve
or accept any street notwithstanding compliance with all the provisions
of this section when in its judgment, the public interest renders
such approval or acceptance inadvisable. It may also permit exceptions
and variations to the foregoing requirements when good cause there
is shown, and the public interest will not be adversely affected thereby.
In any case the township committee may refuse to accept any
street until such time as the same is fully completed in accordance
with the provisions hereof.
[Ord. #3-74, S1; Ord. #4-81; Ord. #8/88; Ord. #9/89, S1]
The official Certified Street and Road Map of the Township of
Hardwick, Warren County, State of New Jersey, dated: January 23, 1974,
Scale 1" - - 1000', prepared by Harold E. Pellow & Associates,
Inc., P.E. as amended and revised March, 1989 is hereby established
and adopted as the Official Certified Street and Road Map of the Township
of Hardwick pursuant to the authority embodied in N.J.S.A. 40:67-1(i).
The requisite copies of this map have been and are now filed
in the office of the township clerk. The map is hereby adopted as
fully as if a replica were printed herewith.
The approval and adoption of the "Official Certified Street
and Road Map" shall in no way be construed as the acceptance of any
private road or street which is shown on the map, as being a public
road by the adoption of this section.
[Ord. #12/88]
The street designated as Jones Road on the Official Certified
Street and Road Map of the Township of Hardwick is and shall be hereafter
known and designated as Jones Lane.
[1]
Editor's Note: Prior ordinances codified herein include
portions of Ordinance Nos. 6-83 and 9/88.
[Ord. #92-6]
This section shall be known as the "Hardwick Township Driveway
Ordinance."
[Ord. #92-6]
The purpose of this section is to control the access to lots
and parcels of land lying in the Township of Hardwick and to assure
that any access provided to such lots or parcels of land meets the
minimum requirements hereinafter set forth and assures safe ingress
and egress to such property.
[Ord. #92-6]
The following definitions shall apply in the interpretation
and enforcement of this section:
a.
DRIVEWAY -- Shall mean any point of access on a lot or parcel of
land adjacent to any public road used for other than purely pedestrian
access. The term "public road" is any road set forth in N.J.S.A. 40:55D-35.
b.
DITCHES AND DRAINAGE WAYS -- Shall mean any stream, water-course,
pond, swale, swamp, depression, ditch that shall be crossed in connection
with the construction of a driveway.
c.
TOWNSHIP DRIVEWAY OFFICIAL -- Shall be either the township engineer
or township construction officer or township zoning official and/or
any other individual(s) designated by the township committee to handle
such duties as herein set forth.
[Ord. #92-6; Ord. No. 2017-06 § 1]
No new driveway may be constructed or existing driveway relocated
by any person, firm, partnership or corporation, without first obtaining
a permit from the township driveway inspecting official as set forth
herein.
[Ord. #92-6; Ord. No. 2017-06 § 2]
Any person wishing to construct a new driveway, or relocate
an existing driveway, shall file an application and plan with the
township driveway inspecting official; such plans shall include the
following:
a.
The number of driveway openings being requested.
b.
The land use for the lot to which access is sought.
c.
A plot plan delineating the following:
1.
North arrow and scale of the plot.
2.
Name of abutting road or street.
3.
Identification of closest intersecting road and distance from proposed
point of access.
4.
Location of the proposed driveway with respect to nearest sideline
of the subject lot.
5.
The lot width of the subject lot.
6.
The edge of the pavement of the abutting road, type of road surface
and culverts, utility poles, storm drain, swales and/or ditches within
the right-of-way in front of the subject lot.
7.
The edge of the right-of-way of the abutting road.
8.
The location of any existing or proposed dwelling and/or garage or
other accessory structure and of any existing or proposed septic system
or well, if they are within 50 feet of the proposed driveway.
9.
The proposed surfacing material of the driveway.
10.
Proposed storm drainage improvements, if any, in accordance with normal design standards. If grades are involved, topographical data must be included to support the required design criteria in section 10-9.
11.
Sight distances, as required herein. Show sight profiles in both
directions.
12.
The slope or grade of the proposed driveway from the edge of the
road pavement for its entire length. Show profile of driveway.
13.
Show all existing driveways within required sight distances.
[Ord. #92-6; Ord. No. 2017-06 § 3]
All driveways shall be constructed or altered in accordance
with the following minimum requirements:
Driveway dimensions shall be designed to adequately accommodate
the volume and character of vehicles anticipated. The following criteria
shall be utilized in determining curb return radii locations and site
distances, subject to particular requirements as to circulation design:
a.
Driveway curb return radius:
|
Single Family Residential
|
2 feet minimum
|
|
5 feet maximum
| |
|
Commercial
|
15 feet minimum
|
|
25 feet maximum
|
b.
Minimum sight distances. Any driveway providing access to a public
or private street shall be so designed in profile and grading and
shall be so located to permit the following minimum sight distances,
measured in each direction, along the intersecting street. Measurement
shall be made from a point ten feet behind the edge of the paved right-of-way,
with the height of the eye on three and seventy-five hundredths feet
to the top of the object four and five-tenths feet above the pavement.
|
Maximum Allowable Speed on Street
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
200
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
350
|
|
50
|
400
|
c.
Minimum distances between driveways. In all cases, a minimum clear
distance of 50 feet measured along the right-of-way line shall separate
the closest of any two driveways.
d.
Only one driveway access will be permitted on lots with widths of
250 feet or less.
e.
The beginning of the driveway shall have a grade of not more than
six percent for a distance of 25 feet from the edge of pavement (beginning
of the driveway) and not more than 15 percent for any other portion
of the driveway.
f.
Where curbs exist, a full section of curb shall be entirely removed
and depressed curb constructed in accordance with the New Jersey Department
of Transportation, Standards for Road and Bridge Construction, 1983,
as amended. Curb radii of existing curb shall not be broken or depressed.
No driveway shall be located closer than 50 feet from the end of the
radius of an intersection.
g.
Where concrete sidewalks exist or are proposed to be constructed
as part of the project, a concrete ramp not less than six inches in
thickness shall be built connecting the inner edge of the depressed
curb with the outer edge of the sidewalk.
h.
In cases where drainage exists along the township road, a reinforced
concrete pipe of a size determined by the rational method of runoff
calculation shall be installed beneath the drive by the owner and
inspected by the township engineer. If more than one driveway is constructed,
a continuous storm drain pipe shall be installed between the driveways
or connected to an intervening storm drainage system. If the proposed
drainage pipe connects with an existing storm drainage system, a catch
basin shall be constructed.
i.
All construction within the township right-of-way shall be in accordance
with the New Jersey Department of Transportation, Standard Specifications
for Road and Bridge Construction, 1983, as amended.
j.
The owner shall properly safeguard all work during construction and
shall maintain sufficient warning lights or other such devices during
the hours of darkness.
k.
The work shall be conducted so that there will be no interference
with the drainage or cross section of the township road, nor any structures
over or under the road except as indicated in the approved plans.
l.
The applicant shall make certain that all appropriate erosion control
measures are adhered to during and after construction of the driveway.
m.
That portion of any drive or driveway for a single family dwelling
within the first 25 feet from the edge of pavement of the road shall
be constructed of not less than six inches when compacted of gravel,
Type II, Class B, and a wearing surface of bituminous concrete two
inches thick FABC-1 constructed on the gravel base.
o.
1.
Grass areas disturbed shall be restored to a stable condition in
preparation for topsoiling and seeding. There shall be no evidence
of stones, roots, debris or depressions and the surface shall be clean
and even. The subgrade immediately prior to the application of topsoil
shall be raked or otherwise loosened.
2.
The topsoil shall be applied over the surface in a uniform layer
that will produce a thickness after compaction of approximately four
inches. Ground limestone fully protected from moisture, and free flowing,
shall be evenly spread over the area to be seeded, at the rate of
40 pounds per 1,000 square feet. This shall then be raked, diced or
otherwise worked to incorporate the limestone into a minimum of three
inches soil depth. All foreign and unsuitable material shall be removed
and the surface shall present an even appearance. For small seeded
areas, asphaltic oil will not be required. The mulch shall be held
in place by the use of netting, twine, lath or as directed by the
township engineer. Where a stand of grass practically weed free is
not established during this operation, the deficient area shall be
refertilized and reseeded as directed by the township engineer until
a satisfactory growth of grass is established. All waste material
and debris resulting from topsoiling, fertilizing and seeding shall
be removed and disposed of in a proper manner.
p.
The sidelines of proposed driveway shall be no closer than ten feet
from the property line.
q.
All driveways constructed or modified shall have a minimum driving
width of ten feet.
r.
Guide rails are required for all side slopes and side banks that
exceed six (6) feet or are steeper than a ration of four to one.
s.
Where driveways are at a higher elevation than the street and where
the driveway grade exceeds eight percent for a distance more than
50 feet within 250 feet of the public right-of-way, the following
shall be performed:
2.
The pavement shall extend from the right-of-way to a point at which
the grade is less than eight percent or for 250 feet, whichever is
less.
3.
The above pavement shall be in addition to the required pavement
for the first 25 feet.
4.
Where applicable, the applicant should submit a detail showing the
above, including details of storm drainage system to control runoff.
t.
Where driveways pass over culverts, said culverts shall extend at
least five feet beyond the edge of the driveway.
u.
The township engineer may impose such other construction requirements
within the township road right-of-way as the township engineer deems
appropriate in order to properly protect the traveling public and
the township road and drainage facilities.
v.
A driveway must access a public road from each lot on which a single-family
dwelling is constructed.
[Ord. #92-6; Ord. No. 2017-06 § 4]
a.
Prior to the construction, reconstruction or alteration of an entrance
or exit drive into a township road, the owner of the property or his
duly authorized agent shall make application to the township driveway
official on forms provided by the Township of Hardwick, which application
shall be accompanied by the required fees and bond, together with
three copies of a plot plan of the property drawn to a scale not greater
than one inch equals 30 feet showing the location of the proposed
drives in relation to all existing and proposed driveways, intersections,
streets, drainage structure or other structures within 200 feet of
the proposed driveway location. The map will also include a profile,
at a scale no greater than one inch equals 30 feet, of the proposed
driveway location from the center line of the township road to a point
at least 40 feet from the existing edge of pavement of the township
road.
b.
Upon review and approval of the design of the driveway construction
plans, the driveway official will issue the permit. The driveway official
shall periodically inspect the premises during construction to insure
compliance with the terms of the permit and shall endorse the road
permit when all construction is completed in accordance with the approved
plans. The driveway official shall notify the township road supervisor
of all driveways and other road openings that have been approved and
provide a copy of the application, map and conditions of approval.
The applicant shall provide a performance bond or cash in an amount
required by this section to ensure that the improvements will be constructed
in accordance with the plan approved by the driveway official. The
cash or bond will be released upon the satisfactory completion of
the improvements and after approval and recommendation by the township
engineer or driveway official. No certificate of occupancy shall be
issued until the driveway official and/or county engineer's office
has notified the construction official, in writing, that all improvements
have been satisfactorily completed.
c.
In the event that the driveway official shall determine that the plans and applications submitted do not meet the above standards, the applicant may appeal for relief as described in subsection 10-7.9.
d.
Driveways accessing county roads will require township driveway permits
in addition to the required county driveway permit, with the following
modifications:
1.
County standards will apply to that portion of the driveway within
the county's jurisdiction (25 feet from edge of pavement). Township
standards will apply for the balance of the driveway.
2.
No Township fees or deposits will be required for driveways accessing
a county road, provided applicable fees and deposits have been deposited
with the county. However, a Hardwick Driveway Permit Application must
be filed with the Township although no fees will be required.
e.
Any person or persons violating any provision of this section which
results in inconvenience to the public or damage to or obstruction
of any township road, gutter, storm drain, catch basin, inlet or culvert
shall be responsible for all costs and expenses incurred by the Township
of Hardwick in repairing the damage or removing said obstruction,
in addition to any penalties provided herein, and shall be responsible
for damage to any persons so inconvenienced.
f.
Prior to the issuance of the permit, the applicant shall present
satisfactory proof to the driveway official that he or she had notified
the utility company of his or her intent to excavate.
g.
If an applicant for subdivision or site plan approval can clearly
demonstrate that, because of peculiar or unusual conditions pertaining
to his or her land, the literal enforcement of one or more of these
regulations is impracticable or will exact undue hardship, the approving
board hearing the application may permit such minor deviation as may
be responsible and within the general purpose and intent of these
regulations and standards.
h.
The owner shall, in writing, hold harmless the Township of Hardwick,
its officers and agents from and against any loss, injury or damage
resulting from any negligence or fault of the owner or his or her
agents, employees or assigns in performance of the work covered by
an approved permit.
[Ord. #92-6; Ord. #2000/7, S1; Ord. No. 2017-06 § 5]
Driveway permit fees shall be assessed against the applicant
for the permit as follows:
a.
An application fee in the amount of sixty-five ($65.00) dollars shall
accompany each driveway application. If a temporary certificate of
occupancy is requested, an additional fee of one hundred ($100.00)
dollars shall be submitted at the time such request is made.
b.
A deposit in the minimum amount of one thousand two hundred ($1,200.00)
dollars plus fifteen ($15.00) dollars per linear foot over 8% grade
after the first 25 feet to a maximum of 250 feet payable to Hardwick
Township shall be posted with the driveway official by the applicant
at the time the permit is issued. If a temporary certificate of occupancy
is requested, an additional escrow of one thousand ($1,000.00) dollars
shall be submitted at the time such request is made. Said deposit
shall be kept in an interest bearing account as may be provided by
law by the township and shall be returned to the applicant upon completion
of the driveway in accordance with the provisions of this section,
however, subject to any appropriate fee deductions by the township.
[Ord. #92-6; Ord. No. 2017-06 § 6]
Relief from any of the foregoing standards may be granted provided
the Township Engineer, also serving as the Township Driveway Inspection
Official, agrees that it is not possible to conform to the standards
and the proposed design is the best possible alternative. If the Township
Engineer does not agree, the Township Committee will evaluate the
proposed design and render a decision as to the acceptability/nonacceptability
based on the standards herein.
Any person, persons, firm or corporation violating any of the
provisions of this section shall, upon conviction thereof, be subject
to a fine not to exceed five hundred ($500.00) dollars at the discretion
of the judge. Each and every day that a violation continues after
notification thereof shall constitute an additional, separate and
distinct violation.
If any portion, paragraph, clause, sentence or phrase of the
section is determined to be invalid by any court of competent jurisdiction,
such invalidity shall not affect the remaining portions of this section.
This section shall take effect immediately upon passage and
publication in the manner provided by law. Fees and deposits established
herein may be adjusted from time to time by publication of a fee schedule
or fee schedule ordinance.
The jointly used section of a common driveway in any approved subdivision development as defined in this chapter, shall be constructed in accordance with the Township Driveway Entrance Standards (Chapter 10, Section 7 of the Township Code) with the following exceptions:
|
Easement width
|
35 feet
|
|
Common driveway width
|
16 feet
|
|
Common driveway material
|
8" DGA subbase separate line
|
|
Maximum grade
|
12% maximum
|
|
Grade at intersection with public road
|
4% for the first 50 feet
|
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 94/12.
The edge of the common driveway easement shall be a minimum
of 25 feet from any outside tract line.
The planning board may require that appropriate street signs
meeting the township's specifications and approved by the township
engineer with respect to size and location be installed at the intersection
of all streets.
No on-street parking shall be permitted.
a.
A drainage plan, drainage calculations and drainage structure details,
if any, shall be part of the subdivision plat. Any proposed drainage
improvements shall provide for an adequate system of drainage structures
to properly and adequately carry off, store and/or discharge the storm
water run-off and natural drainage water on the property which originates
within the property boundaries and/or off-site. The storm frequency
period shall be determined by the township engineer.
b.
Drainage to state and/or Warren County highway rights-of-way shall
be approved by the applicable state and/or Warren County Highway Engineer's
Office. A letter from the corresponding office, indicating that such
approval has been granted, must be directed to the chairman of the
planning board and received prior to final plat approval.
c.
No storm water run-off or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private property
or public land without proper and approved provisions being made for
taking care of these conditions.
To the fullest extent possible, easements shall be centered
on or adjacent to the rear or side lot lines.
All utilities shall be underground.
The property owners shall enter into a joint maintenance agreement
which shall require the maintenance of all roadways and drainage structures
in a standard to be reviewed and approved by the planning board attorney,
the township engineer and the township attorney.
Deeds for lots utilizing common driveways shall contain a section
prohibiting further subdivision of the said lots.
a.
No person, firm or corporation shall in any way cause water, soil
or runoff to be diverted, directed, pumped or discharged onto the
surface of any township road, shoulder or township right-of-way, such
that said condition will cause an unsafe traveling condition and/or
cause the road surface, shoulder or right-of-way to deteriorate and/or
cause erosion of same or otherwise results in damage to or destruction
of any township street or road, shoulder or right-of-way, gutter,
storm drain, catch basin, inlet or culvert.
b.
Any person or persons or firm or corporation violating any provision
of this chapter which results in damage to or destruction of any street
or road, shoulder or right-of-way, gutter, storm drain, catch basin,
inlet or culvert shall be responsible for all expenses incurred by
the township in repairing such damage, removing any obstruction and/or
correcting the condition, in addition to a fine not to exceed five
hundred ($500.00) dollars or imprisonment for a period not to exceed
30 days or both. Each and every day that a violation continues after
notification thereof shall constitute an additional, separate and
specific violation.
[Ord. No. 2007/13 § 1;
reserved by Ord. No. 2017-06 § 8]
[Ord. #2007/13 § 1; Ord. No. 2017-06 § 8]
a.
STREET
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean any road, highway, public way, public alley, easement
or other right-of-way accepted or maintained by the township as a
public street, as well as any state or county road or highway over
which the township has acquired jurisdiction by agreement.
b.
Permit required.
1.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the township committee.
2.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for a permit is made simultaneously
with the commencement of the work or as soon thereafter as is practical.
When issued, the permit shall be retroactive to the date on which
the work has begun.
3.
The township clerk shall issue permits to other public bodies without
fee.
c.
Application for permit.
1.
Application shall be made in writing for a permit for any excavation
within any roadway, the maintenance of which is the responsibility
of the township, for any purpose whatsoever.
2.
The application shall state the purpose of the excavation, namely,
sewer, water, gas, telephone or any other purpose.
3.
An application for a permit shall contain the following information:
(a)
Name and address of the applicant.
(b)
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(c)
The township tax map block and lot number of the property for
the benefit of which the opening is to be made.
(d)
Nature of the surface in which the opening is to be made.
(e)
Character and purpose of the work proposed.
(f)
Time when the work is to be commenced and completed.
(g)
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
(h)
The name and address of the workman or contractor who is to
perform the work.
(i)
A statement that the applicant agrees to replace at his own
cost and expense, the street, curb, gutter and sidewalk in the same
state and condition in all things as they were at the time of the
commencement of the work within 48 hours of the completion of same.
d.
Contents of permit; filing. Each permit shall state the identity
and address of the applicant, the name of the street and the location
where the excavation or tunnel is to be made, the dimensions of the
opening and the period during which the permit shall be valid. The
original of each permit shall remain on file with the clerk.
e.
Fee.
1.
The application shall be accompanied by an application fee of one
hundred ($100.00) dollars and an escrow deposit as listed in paragraph
2. Escrow deposits and will thereafter be supplemented as necessary
as provided for in paragraph g.
2.
Escrow deposits. The following escrow deposits are required:
(a)
Three hundred ($300.00) dollars for all openings up to 50 linear
feet,
(b)
Five hundred dollars ($500.00) dollars for all openings consisting
of from 50 to 100 linear feet.
(c)
One thousand ($1,000.00) dollars for openings more than 100
linear feet.
(d)
One hundred fifty ($150.00) dollars for utility service connections
for approved utilities (utilities where restoration and maintenance
guarantees are covered by annual bonds).
3.
The escrow deposit may be waived in the case of a public utility
upon the presentation of satisfactory proof that the utility is capable
of meeting any claims against it up to the amount of the bond which
would otherwise be required.
f.
Deposit. The applicant shall also be required to deposit, in cash
or by certified check, a sum determined by the township engineer to
be necessary to defray the expense of restoring the street to its
preexisting condition should the permittee fail to do so.
1.
Any bond shall be executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety
and shall be conditioned as follows:
(a)
To indemnify the township and hold it harmless from all loss,
damage, claim or expense, including expenses incurred in the defense
of any litigation arising out of injury to any person or property
resulting from any work done by the applicant under the permit.
(b)
To indemnify the township for any expense incurred in enforcing
any of the provisions of this section.
(c)
To indemnify any person who sustains personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors done in the course of any
work under the permit.
2.
One bond may be accepted to cover a number of excavations by the
same applicant. Bonds shall remain in force for a period to be determined
by the township.
g.
Insurance. No permit shall be issued until the applicant has furnished
the township with satisfactory proof that he is insured against injury
to persons and damage to property caused by any act or omission of
the applicant, his agents, employees or subcontractors done in the
course of the work to be performed under the permit. The insurance
shall cover all hazards likely to arise in connection with the work,
including but not limited to collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be one hundred thousand ($100,000.00)
dollars for injury to any one person, three hundred thousand ($300,000.00)
dollars for property damage for a single incident. The township may
waive the requirements of this section in the case of public utilities
upon the presentation of satisfactory proof that it is capable of
meeting claims against it up to the amount of the limits of the insurance
policy which would otherwise be required.
h.
Rules and regulations; backfilling. All permits issued under this
section shall be subject to the following rules and regulations:
1.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
2.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the township committee.
The township committee shall be informed of all street closings at
least 24 hours in advance, except where the work is of an emergency
nature when notice shall be given when work commences.
3.
All refuse and material shall be removed within 48 hours.
4.
All excavations shall be completely backfilled by the permittee,
and shall be compacted by tamping or other suitable means in a manner
prescribed by the township engineer. Where the engineer determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with sand, soft coal, cinders or other
suitable material which shall be placed in layers not exceeding six
inches in depth and thoroughly compacted with a mechanical vibrator
or in the manner prescribed by the engineer. The permittee shall replace
all shoulder stone to a depth of six inches and thoroughly compact
it with a mechanical compaction device. Upon completion of the work,
the permittee shall remove any excess material and leave the premises
in a clean condition. If it is determined that any backfilled excavation
has settled or caved in, the engineer shall so notify the permittee,
who shall promptly continue backfilling until settlement is complete.
5.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to ten parts sand.
6.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
7.
If the work is not completed within the time specified in the permit
or any extension granted by the township, or is not performed in accordance
with the regulations set forth in this section and any other regulations
that may be established by the township committee, then the township
may complete the work itself and restore the surface of the street.
The cost of completing the work and restoring the street shall be
charged to the permittee and may be deducted from his deposit or recovered
by an action in any court of competent jurisdiction.
i.
Restoration of surface. In all cases, the permittee shall restore
the surface of the street in accordance with the following rules,
regulations and requirements:
1.
No permittee shall commence the restoration of any street foundation
or surface until the township engineer has determined that settlement
of the subsurface is complete and the area properly prepared for restoration.
2.
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
3.
The street surface shall be restored pursuant to the section designated
by the township engineer in the permit but in no case shall be less
than the structural equivalent of the following:
j.
Permit conditions and regulations.
1.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
2.
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate unless
extended, in writing, by the township committee.
3.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the township engineer, shall
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee of the
township or police officer.
4.
Revocation of permit.
(a)
The township committee may revoke a permit for any of the following
reasons:
(1)
Violation of any provision of this section or any other applicable
rule, regulation, law or ordinance.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which endangers
life or property or which creates any condition which is unhealthy
or unsanitary or declared by any provision of this revision to constitute
a nuisance.
(b)
The procedure for revoking a permit shall be the same as that
set forth in the code for the revocation of licenses, except that
the initial hearing shall be before the township committeeman in charge
of the road department with a right of appeal to the township committee;
and the chairman may provide in his decision that the revocation shall
not become effective if the permittee corrects the violation within
a specified period of time.
5.
Modification of permit conditions. In a special case, the township
committee may, by resolution, impose special conditions to which the
issuance of the permit may be subject or may decide that any provision
of this article shall not apply or shall be altered.
