[[1]HISTORY: Adopted by the Township Council of the Township
of Galloway as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-18-1971 by Ord. No. 393
as Ch. 43, Art. II, of the 1971 Code; amended in
its entirety 9-10-2019 by Ord.
No. 2020-2019[1]]
[1]
Editor's Note: This ordinance also retitled this chapter from
"Road Openings and Gravel Pits" to "Road Openings and Resource Extraction."
No person, firm or corporation shall conduct a resource extraction
operation, including specifically digging or excavating a sand or
gravel pit of any kind, character or description, within the Township
of Galloway:
A.
Within 250 feet of any public road;
B.
Within 250 feet of any property line;
C.
Within 500 feet of any residentially occupied property;
D.
Which disturbs or diverts any stream or service water naturally flowing
across the site;
E.
Having a slope on the interior or working portion of the excavation
less than four feet horizontal to one foot vertical;
F.
Unless there is sufficient and suitable topsoil on the site available
for an adequate reclamation of the site;
G.
Having a separation from seasonal high groundwater of less than five
feet.
No resource extraction operation shall be conducted unless a
license shall have first been obtained from the Township Council.
Such license shall be in addition to any approval required pursuant
to the Township Land Management Code.[1] No license application shall be accepted unless there
has been a completed restoration of any previously mined area which
is not the subject of the new application.
A.
Applications for licenses shall be submitted to the Township Manager
upon forms provided by the Township Clerk and shall be signed and
verified by the applicant and shall include:
(1)
The name and address of the applicant, if an individual; if the applicant
is a partnership, a partnership name and business address, together
with the names of all partners and their residential addresses; if
the applicant is a corporation, the full legal name of the corporation,
the place of business of said corporation, the date and state of incorporation,
the name and addresses of stockholders holding 10% or more of common
and/or preferred stock of the corporation, the name and address of
the corporation's registered agent and the name and address of legal
representatives of the corporation, if any, and whether authorized
to do business in the State of New Jersey.
(2)
Information relative to the ownership of the land involved or any
interest of the applicant, its officers, directors or stockholders
in adjoining property. In the event that the applicant is not the
owner, written consent of the owner must be furnished and the information
required by § 185-2A(1) shall be supplied for each person,
firm or corporation with a 10% or larger ownership interest in the
property that is the subject of the application.
(3)
Proof of liability insurance coverage for the licensee in amounts
of not less than $5,000,000 combined single limit for each accident
causing personal injury and for property damage.
(4)
Proof of liability insurance coverage for any contractor (other than
independently owned or operated trucks) who contracts with the licensee
for any part of the resource extraction operation in amounts of not
less than $2,000,000 total for each accident causing personal injury
and $500,000 for property damage for each accident.
(5)
A statement listing the equipment and apparatus to be used in the
excavation operations. The list shall include a physical description
of the equipment or apparatus; the manufacturer; year of manufacture;
year of acquisition by the applicant; whether owned or leased; fuel
used, if any, and the use or uses proposed for the equipment or apparatus
by the applicant.
(6)
An estimate of the volume of soil to be removed during the term of
the license. The applicant shall also provide an estimate of the life
of the site with respect to resource extraction.
(7)
A statement that all taxes are current. No license application will
be accepted unless all taxes are current on the property which is
the subject of the application, as well as all property owned by the
applicant which is contiguous to the property which is the subject
of the application or adjacent to such property across a public right-of-way.
(8)
Water quality data.
(9)
Fees.
(10)
Performance guarantee.
(11)
All plans and specifications.
(12)
Environmental impact statement.
(13)
Other reports and documents.
(14)
Reclamation plan.
B.
Plans and specifications required by this section shall be submitted
with the application. All drawings of outbound surveys, topographical
information or survey data shall be prepared, signed and sealed by
a New-Jersey-licensed professional land surveyor. All drawings of
improvements, technical information, restoration and reclamation data
shall be prepared, signed and sealed by a New-Jersey-licensed professional
engineer. All plans and specifications shall include the following:
(1)
A legal description of the sites wherein the resource extraction
operation is to be conducted and an outbound survey prepared by a
land surveyor licensed by the State of New Jersey showing the entire
tract, all buildings and roads within 200 feet thereof and existing
and proposed final contours of the land involved in the resource extraction
operation at two foot intervals. This map shall include an area 200
feet from the boundaries of the proposed site.
(2)
Where resource extraction is to be conducted, all entrances or exits
to the tract involved, fences or gates erected or to be erected, equipment
used or to be used in the operations are to be shown on the site plan
and a narrative describing the method of operation is to be attached.
All equipment and apparatus are to be stored on the licensed premises,
at least 250 feet from the nearest boundary of the proposed site.
(3)
All existing and proposed streets and rights-of-way, including railroad
rights-of-way and public utility rights-of-way.
(4)
A United States Geological Survey quadrangle map showing all roads,
buildings, streams and bodies of water within 2,000 feet of the site.
(5)
The names and addresses of all adjoining landowners within 500 feet
of the site.
(6)
A well search for all wells within 2,000 feet of the site.
(7)
Existing water drainage conditions, with flow directions; all wooded
areas and areas of vegetation; and all wildlife habitats.
(8)
The limits or outbound of the area or areas of the site within which
the resource extraction operation is to be conducted during the term
of the license.
(9)
A schedule which includes the sequence and length of time for resource
extraction.
(10)
Routes to and from the site which will be used for the transportation
of the soil to be removed.
(11)
The proposed slopes of the site upon completion of the resource
extraction operation.
(12)
The location, size and use of all existing buildings on the
site.
(13)
A soils map.
(14)
Provisions and facilities for stormwater and water management.
C.
Environmental impact statement. Attached to the application shall
be an environmental impact statement (EIS).
(1)
Purpose. The EIS shall provide a full and fair discussion of significant
environmental impacts on the environment within the Township.
(2)
Contents. The EIS shall provide the information needed to evaluate
the effects of the resource extraction operation upon the environment.
The EIS shall include:
(a)
An inventory of existing environmental conditions at the site
and in the surrounding region which shall describe air quality, water
quality, water supply, hydrology, geology, soils, topography, vegetation,
wildlife, aquatic organisms, ecology, demography, land use, aesthetics,
history and archaeology.
(b)
A project description which shall specify what is to be done,
and how it is to be done, during construction and operation.
(c)
A listing of all licenses, permits or other approvals as required
by law and the status of each.
(d)
An assessment of the probable impact of the project.
(e)
A listing of adverse environmental impacts which cannot be avoided.
(f)
Steps to be taken to minimize adverse environmental impacts
during construction and operation, both at the site and in the surrounding
region.
(g)
A reference list of pertinent published information relating
to resource extraction, the site and the surrounding region.
(h)
An executive summary which adequately and accurately summarizes
the EIS. The executive summary shall stress the major conclusions,
areas of controversy and the issues to be resolved.
(i)
A list of the names, together with their qualifications (expertise,
experience, professional discipline), of the persons who were primarily
responsible for preparing it.
D.
Documents and reports. Attached to the application shall be documents
and reports which address the following:
(1)
Soil borings at the rate of one boring per five acres to determine
soil profiles and characteristics, and to define the surface level
of the first groundwater aquifer. If these soil borings do not prove
adequate to determine site soil profiles and characteristics, the
Township Engineer may require and specify additional soil borings.
(2)
A soil erosion sediment control permit-mining permit from the Cape-Atlantic
Soil Conservation District.
(3)
A water quality report shall be submitted with the initial application
and thereafter as part of the annual report indicating water sample
data or water test results, in conformance with the New Jersey Department
of Environmental Protection guidelines for water quality monitoring.
Said results shall be obtained in accordance with a water quality
monitoring plan to be developed by an expert in the field of groundwater
hydrology. The testing shall include annual monitoring of each of
the primary and annual groundwater standards as set forth in N.J.A.C.
7:9-6, Primary and Secondary Drinking Water Standards and A-280 Chemicals,
as amended and in effect at the time final action is taken on the
final application. All results shall be prepared pursuant to current
water quality standards established by the New Jersey Department of
Environmental Protection.
(4)
A traffic plan which shall delineate the proposed entrances and exits
and the identity of personnel to be used for the purpose of safety
and road cleanup.
(5)
Any application, plan or other documents, including correspondence,
either submitted to or received from federal, state, county or municipal
agencies relating to the site which is the subject of this application.
E.
Reclamation plan.
(1)
All applications for a license shall include a reclamation plan with
the following information for the entire licensed premises, as well
as owned or co-owned adjacent properties:
(a)
Method of stockpiling soil and overburden.
(b)
Proposed grading and final elevation.
(c)
Topsoil preparation and application.
(d)
Type, quality and age of vegetation to be used.
(e)
Fertilizer application, including method and rates.
(f)
Planting plans showing planting method and schedule.
(g)
Maintenance requirement schedule.
(h)
Financial plan, including the cost for implementation and completion
of the reclamation plan.
(2)
Implementation of the reclamation plan shall be a continuous process,
and each portion of the site shall be restored and reclaimed within
one year after resource extraction operations are completed for that
portion.
(3)
All reclaimed areas shall be graded so that any slope shall not exceed
one foot vertical to four feet horizontal.
(4)
Reclamation shall result in the reestablishment of the type of vegetation
which existed prior to the excavation activity and shall include:
(a)
The planting of a minimum of 1,000 one-year-old seedlings per
acre.
(b)
Stabilization of exposed areas by establishing ground cover
vegetation.
(c)
Planting of characteristic indigenous shrub and tree species
to the maximum extent practical. If, for instance, due to a change
in elevation, a particular species would no longer thrive, a different
species may be permitted.
(5)
No earlier than 30 days and no later than 90 days after the reclamation
plan has been completed, the license holder shall request an inspection
of the site by the Township Engineer. Thereafter, the Township Engineer
shall inspect and reevaluate the site and determine whether the improvements
are in compliance with the approved reclamation plan. Upon certification
by the Township Engineer that the approved reclamation plan has been
complied with, the Township Council may, in its sole discretion, release
the performance guarantee to the license holder, subject to the posting
of an acceptable maintenance guarantee in the amount of 20% of the
cost of the reclamation plan, and such maintenance guarantee shall
be held for a minimum of five years to ensure that the reclamation
plan is fully and successfully implemented. In the event that there
should be a breach of the reclamation plan by the licensee, written
notice to the license holder or its representatives shall be made,
and the Township may act on the performance guarantee and proceed
with the reclamation of the site in accordance with the reclamation
plan.
A.
Application. At the time of the application, an application fee shall
be paid to the Township in the amount of $5,000.
B.
Review. At the time of the initial application, an escrow for review
shall be established with the Township at the rate of $100 per acre
of the site, subject to a minimum escrow of $10,000.
C.
Inspection. Upon issuance of the license, an inspection escrow shall
be posted with the Township in the amount of $5,000. Additional escrow
may be required when the original escrow is depleted by 70%.
A.
As part of the application, the applicant shall submit a performance
guarantee in the form of a letter of credit issued by an acceptable
financial institution, or cash in lieu thereof, to assure compliance
with this article.
B.
Upon review of the estimate of cost prepared by the applicant, the
amount of the performance guarantee required will be determined by
the Township Engineer and submitted to the Township Clerk.
C.
Upon review of the estimate of cost to implement and complete the
reclamation plan prepared by the applicant, the amount of the final
performance guarantee required will be determined by the Township
Engineer and submitted to the Township Clerk.
D.
The performance guarantee will be conditioned upon the full and faithful
performance by the applicant, within the time specified in the application,
of all the proposed work in accordance with the provisions of this
article and of the license issued pursuant thereto.
E.
At the request of the applicant, the amount of the performance guarantee
may be adjusted annually by the Township Council, upon the recommendation
of the Township Engineer.
F.
The performance guarantee shall remain in full force and effect during
the entire period that resource extraction operations are conducted
and until completion of implementation of the reclamation plan pursuant
to this article.
G.
The performance guarantee shall be adequate to assure compliance
with this article. The guarantee shall remain in place during the
period that the resource extraction operations are conducted and until
completion of reclamation.
A.
On the filing of an application for a license, the Township Engineer
shall have 30 days to determine if the application is complete and
report to the Township Clerk. In the event that the application is
deemed incomplete, the applicant will be advised, in writing, of those
items or submissions which are deficient, and the applicant shall
have 30 days in which to submit a completed application. No review
of the application shall take place until the application is deemed
complete.
B.
Once the application has been deemed complete by the Township Engineer,
the Township Engineer shall have 45 days to review the application
and provide a written report to the Township Manager for presentation
to the Township Council.
C.
The Township Council shall have the option to conduct a public hearing
on the application within 30 days of the receipt of the report from
the Township Engineer, or the Township Council may appoint the Township
Manager, the Township Solicitor, or other designee to serve as a hearing
officer to conduct the hearing on the application. The hearing officer
shall provide a written report to the Township Council with findings
of fact based upon the hearing and a recommendation of whether the
application complies with the requirements of this article.
D.
The Township Council shall take action on the application to either
approve, deny or approve with conditions within 30 days of the completion
of the hearing, whether conducted by the Township Council or by a
hearing officer on its behalf. The Township Council shall not approve
the application unless it determines that the actual operation of
the resource extraction project will not result in a material adverse
impact to the public good.
Unless otherwise more strictly regulated by federal, state or
other laws or regulations, the following regulations shall apply to
all resource extraction operations:
A.
Resource extraction operations and related activities shall be conducted
starting no earlier than 8:00 a.m. and ending no later than 5:00 p.m.,
Monday through Friday. There shall be no trucking of any material
to or from the resource extraction operation prior to the starting
of operations or subsequent to 4:30 p.m. on any day. Emergency equipment
maintenance or emergency repair work may be done at any time.
B.
Resource extraction operations or related activities shall not be
conducted on Saturdays, Sundays or legal holidays.
C.
Excavation shall be operated so as to reduce dust to a minimum. Access
roads shall be maintained in a reasonably dust-free condition, and
all access roads shall be fully paved.
D.
Machinery used in the operations will feature "white noise" reverse
beepers.
E.
Blasting shall not be permitted.
F.
During the term of any license, the limits of the acreage included
in the license shall be prominently marked at the site of operation
by markers at least five feet in height above ground levels and painted
a color to be designated by the Township Engineer so that the limits
of the license area shall be readily identifiable. The interval between
said markers shall not exceed 100 feet in distance, and no mining
operation shall be conducted without such markers being in place.
Any person, firm or corporation who shall violate any of the
provisions of this article shall be subject to a fine of not more
than $2,000, imprisonment for not more than 90 days and/or a period
of community service for not more than 90 days. Each day of violation
shall constitute a separate offense.
This article is enacted pursuant to the police powers permitted by N.J.S.A. 40:48-2 and not pursuant to N.J.S.A. 40:55D-1 et seq., which is provided for in Chapter 233, Land Management.
[Adopted 6-19-1984 by Ord. No. 766; amended in its entirety Ord. No. 1938-2016, 4-12-2016]
For purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person making written application to the Department of
Public Works for an excavation permit hereunder.
The Township Public Works Department.
An urgent and immediate opening and repair operation required
to protect the health, safety and welfare of the general public from
the immediate hazards posed by broken piping, sink holes, eroded or
undermined structures, or damaged utilities which present a sudden
and unforeseen hazard within a Township public street, easement or
right-of-way.
The excavation, opening or any other work permitted under
a permit and required to be performed under this article.
A street opening permit.
Any person who has been granted and has in full force and
effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any street, highway, alley, avenue or any other public right-of-way
or public ground in the Township and under the control of the Township.
The Township of Galloway in the County of Atlantic and State
of New Jersey.
A.
It shall be unlawful, except in an emergency as defined in § 185-7 and as set forth in Subsection B hereunder, for any person to engage in any of the following activities, unless such person shall first have obtained a permit therefore from the DPW as herein provided:
(1)
To dig up, excavate, tunnel, undermine or in any manner break up
any street.
(2)
To make or cause to be made any excavation in or under the surface
of any street for any purpose.
(3)
To place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of
the street.
(4)
To perform any other operation on any street which, in any manner,
interferes with or disturbs the surface of such street.
B.
In the event that any street, main, conduit or other utility installation
in or under any street, alley, sidewalk or public way shall burst,
break or otherwise be in such condition as seriously to endanger persons
or property, the owner of such sewer, main, conduit or other installation
shall immediately notify the Galloway Township Police Department,
Galloway Township Utilities Division and Galloway Township Engineer's
office. After notifying the appropriate departments, the owner shall
remedy such trouble and shall immediately take all such necessary
steps to make said location safe and secure. Such owner shall not,
however, begin making any permanent repairs to such street, alley
or sidewalk until he shall have secured a permit as hereinunder provided.
Such permit shall be applied for within seven days after such break
or serious trouble shall have developed and the necessary permanent
repairs to the street, alley or sidewalk shall be made as directed
by the DPW and shall be completed as soon as practicable after receipt
of the permit.
A.
A written application for the issuance of an excavation permit shall
be submitted to the DPW. The application shall state the name and
address of the applicant, the location and dimensions of the excavation,
the purpose of the excavation, the estimated dates of commencement,
completion and restoration of the excavation and such other data as
may reasonably be required by the DPW.
B.
Any plans or drawings attached to the application must be drawn by
a professional engineer of the State of New Jersey and must be drawn
to a scale sufficient to show clearly the proposed work. Plans shall
show profiles and all utilities within 25 feet of the proposed work.
An applicant can prepare his own plans without an engineer's stamp
if the opening is to be 20 feet in length or less.
C.
The permittee has the additional responsibility of obtaining a separate
permit in accordance with N.J.S.A. 48:2-73, and all permits issued
by the DPW are subject to the issuance of said separate permit. The
applicant is further responsible for contacting all other utilities
to determine whether any property or facilities of the utilities are
located in the vicinity of the proposed excavation site and, if so,
the applicant is obligated to comply with any statutes or regulations
pertaining thereto. Contact can be made by calling the toll-free clearinghouse
telephone number for utility questions and problems: (800) 272-1000.
D.
All applicants are also responsible for providing construction warning
signs and lights in accordance with the Manual of Uniform Traffic
Control Devices. Any proposed detours or road closings within the
municipality must be submitted to the Galloway Township Police Department
and Galloway Township Department of Public Works or their duly authorized
representative for approval prior to the application for road opening
or road closing / detour.
A.
Upon application and payment of the fees and deposits for which provision
is hereinafter made, the DPW, in its discretion, may issue a permit
to excavate or open the surface of any Township road or right-of-way.
The permit shall state the name of the applicant, the nature and purpose
of the excavation or opening, the location of the opening and the
number of days for which the permit shall remain in force. In no event
shall the DPW issue any permit until it has reviewed and approved
the application for a permit.
B.
No permit shall be issued for any opening on any roadway which has
been resurfaced by the Township during a period of five calendar years
previous to the application date, except for permits for emergency
openings as defined in § 185-7. All openings made in a Township
right-of-way as described above must be restored in accordance with
the specifications pursuant to § 185-17D.
C.
Any permit issued under this article may be revoked at any time by
the DPW.
A.
Permits shall be issued with a time limit approved by the Department
of Public Works, and the permit shall become null and void unless
work is commenced within 180 days unless an extension of time is granted
by the Director of Public Works.
B.
The applicant shall give a twenty-four-hour notice to the DPW or
its duly authorized representative prior to making any road openings,
except in cases of emergency as provided for in § 185-8B.
No opening shall be commenced on a Saturday, Sunday or holiday unless
in cases of emergency.
C.
All openings must be backfilled and have temporary pavement installed
immediately in conjunction with the road opening.
D.
No work area shall be closed to traffic for more than three working
days without the approval of the DPW.
E.
Permanent restoration shall take place no less than 30 days nor more
than 90 days from the date of completion of the temporary restoration,
unless otherwise required by the Director of the Public Works Department.
[Amended 9-26-2017 by Ord. No. 1972-2017]
A.
Application fees. An application fee shall be charged by the DPW
for the issuance of a permit which shall be in addition to all other
fees for permits or charges relative to any proposed construction
work. The application fee shall be in an amount varying with the size
of the road opening.
(1)
Roadways:
(a)
Up to 20 square feet. A fee in the amount of $160 shall be paid
to the DPW for each opening up to 20 square feet of total disturbance.
(b)
Greater than 20 square feet: An initial fee of $160 shall be
paid plus an amount of $1 per square foot above 20 square feet.
(c)
All reinspections required by the Township as a result of the
applicant not complying with the restoration requirements in this
section shall result in an additional fee of $100.
(2)
Roadside openings within shoulder areas:
(a)
Up to 20 square feet: A fee in the amount of $80 shall be paid
to the DPW for each opening up to 20 square feet of total disturbance.
(b)
Greater than 20 square feet: An initial fee of $80 shall be
paid plus an amount of $1 per square foot above 20 square feet.
(c)
All reinspections required by the Township as a result of the
applicant not complying with the restoration requirements in this
section shall result in an additional fee of $50.
(3)
Curb and gutter installation permits. An application fee of $160
shall be paid to the DPW for each opening up to 100 linear feet of
curb/gutter. For all curbs or gutters greater than 100 linear feet,
the applicant shall pay the initial $160 plus an amount of $80 for
each additional 100 linear feet of curb/gutter.
(4)
Driveway openings:
(a)
An application fee of $200 shall be paid to the DPW for each
driveway apron opening/construction up to 10 square yards. For all
openings greater than 10 square yards, the applicant shall pay the
initial $200 plus an amount of $10 per square yard above 10 square
yards.
(b)
Deferred driveway. There shall be a guarantee fee of $1,200
to defer the construction of a driveway apron. Upon completion and
final approval of the installation of the driveway apron, the guarantee
fee will be reimbursed less an administrative fee of $50.
(5)
Pole installation. No application fee is required, but drawings and
a permit are required. Inspection fees may be charged at the discretion
of the Township.
B.
Inspection fees. For openings pursuant to § 185-12A(1)
to (4), the application fee will cover all inspections by the DPW
or the Township Engineer's office. For openings pursuant to § 185-12A(5),
if required, the Township will calculate the inspection fee based
on an estimate of the total time which will be spent overseeing the
work. All inspection fees required pursuant to this section shall
be posted in an escrow account and will be used to cover inspection
of the road opening requirements by the DPW or Township Engineer's
office.
C.
Performance guaranty. If necessary, a road opening permit shall not
be issued until a satisfactory performance guaranty is posted with
the Township. The amount of the guaranty shall be an amount 50 times
the application fee for the permit unless modified by the DPW. The
performance guaranty shall be a certified check, performance bond
or letter of credit or cash equivalent in a form approved by the Township
Solicitor. Performance bonds or letters of credit must be supplied
by an institution authorized to do business in the State of New Jersey.
The performance guaranty, whether performance bond or letter of credit,
shall be a perpetual surety and shall not contain an expiration date.
D.
Maintenance guaranty. The performance guaranty shall become the maintenance
guaranty after final inspection by the Township and will serve to
guarantee that the road, as reconstructed, will remain in good condition
for two years after the final acceptance. A maintenance guaranty is
not required for driveway openings.
E.
A utility company or developer may, in lieu of giving a separate
bond for each application, annually, in January of each year, post
a performance bond, a corporate bond or certified funds in the amount
of $50,000 or for an increased amount as determined by the Township.
If an increased amount is required, notice of same shall be sent to
the utility company by December 15 of each year. A decreased amount
may be requested in writing by the utility company based on actual
work undertaken in the Township in the previous years. Said request
shall be forwarded to the Township Clerk and Public Works Department
by December 15 of each year. A reduction in the bonding amount shall
be at the discretion of the Township. No permits shall be issued until
the bond has been approved by the Township. The Township reserves
the right that when the openings or trenches exceed the amount of
the bond posted, additional bonds or cash security will be required.
F.
All checks and bonds under this article shall be submitted to the
DPW and shall be made payable to the Township of Galloway. Cash will
not be accepted. The DPW will hold performance guaranties until final
inspection and will hold maintenance guaranties for two years after
posting and final acceptance.
The applicant, upon securing said permit, agrees that Galloway
Township will be saved harmless from any and all claims of any nature
arising out of the construction of road and street opening work covered
by said permit, and, further, that the Township in issuing said permit
shall not assume liability in connection therewith. In the event of
any suit or claim against the Township by reason of the negligence
or default of the permittee, upon the Township giving written notice
to the permittee of such suit or claim, any final judgment rendered
against the Township requiring it to pay for such damage shall be
conclusive upon the permittee, and the permittee shall be liable for
the Township's costs and reasonable legal fees in connection with
such suit.
Prior to performing any work under the permit, the permittee
shall deliver to the DPW a certificate of insurance in the sum of
not less than $1,000,000 combined single limit (CSL). Where applicable,
the permittee shall demonstrate that the explosion, collapse and underground
(XCU) exclusion has been removed from its insurance policy. The insurance
carrier will not cancel said insurance without giving the Township
at least 10 days' notice thereof in writing.
A.
The permittee shall take appropriate measures to assure that, during
the performance of the excavation work, traffic conditions shall be
maintained as nearly normal as practicable, at all times, so as to
cause as little inconvenience as possible to the occupants of the
abutting property and to the general public. The permittee shall keep
all roads and street openings guarded at all times and open no greater
part of such road or street than shall be reasonably necessary as
determined by the DPW. The permittee shall route and control traffic,
including its own vehicles, as directed by the local Police Department.
Before any highway may be closed or restricted to traffic, the permittee
must receive the approval of the DPW and the local Police Department.
Upon completion of the construction work, the permittee shall notify
the DPW and the local Police Department before traffic is moved back
to its normal flow so that any necessary adjustments may be made.
B.
Where flagmen are deemed necessary by the DPW, they shall be furnished
by the permittee at its own expense. Through traffic shall be maintained
without the aid of detours, if possible. In instances in which this
would not be feasible, the Township will designate detours. The Township
shall maintain roadway surfaces of existing highways designated as
detours without expense to the permittee, but in case there are not
existing highways, the permittee shall construct all detours at its
expense and in conformity with the specifications of the DPW. All
temporary road signs relating to detours shall be covered at the end
of each workday.
C.
The excavation work shall be performed and conducted so as not to
interfere with access to fire stations and fire hydrants. Materials
or obstruction shall not be placed within 15 feet of fireplugs. Passageways
leading to fire escapes or firefighting equipment shall be kept free
of piles of material or other obstructions.
D.
All traffic control must comply with the standards contained within
the Manual for Uniform Traffic Control Devices (MUTCD).
The following measures shall be taken to ensure the safety and
protection of the traveling public:
A.
If it is necessary to leave an excavation unfinished overnight or
for an extended period, the permittee shall place at the site steel
plates, barricades and safety caution tape which exhibits his name
and a phone number where he can be reached at all times. He shall
also notify the local Police Department of the condition of the unfinished
excavation and furnish said Police Department with his name and phone
number where he can be reached at all times. Flashers or a crash truck
must be used. A minimum of two crash trucks or four flashers at the
construction site or along the right-of-way, as required by the DPW
or its representative, is required.
B.
Any portions of work areas not closed to traffic must be temporarily
patched with cold patch, a minimum of two inches thick and properly
maintained, until temporary paving is installed.
C.
The permittee shall erect and maintain suitable shoring to confine
earth from trenches or other excavations in order to encroach upon
highways as little as possible.
D.
The permittee shall construct and maintain adequate and safe crossings
over excavations and across highways under improvement to accommodate
vehicular and pedestrian traffic at all street intersections. Vehicular
crossings shall be constructed and maintained of steel plates of adequate
size to accommodate vehicular traffic safely. Pedestrian crossings,
if of timber, shall consist of planking three inches thick, 12 inches
in width and shall be provided with a railing as required by the DPW.
E.
All permittees must call the New Jersey Utility Opening Service at
(800) 272-1000 and obtain clearances before beginning excavation.
The standard for materials and construction methods shall be
the New Jersey Department of Transportation (NJDOT) Standard Specifications
for Roads and Bridges.
A.
Off-street rights-of-way restoration specifications.
(1)
Fill.
(a)
Fill shall be clean with no organic content and free of roots,
stumps, asphalt and foreign objects. "Fill" shall be defined as meeting
the requirements of the NJDOT Standard Specifications.
(b)
Fill shall be compacted by vibratory equipment or rolling equipment,
where appropriate and as necessary to ensure that the original grade
is obtained.
(2)
Surface.
(a)
In the case of a trench or opening in an earth shoulder, the
applicant shall restore the top four inches of the trench with topsoil.
The area shall then be fertilized, seeded and mulched in accordance
with current regulations as set forth by the Cape Atlantic Soil Conservation
District.
(b)
In cases where the shoulder material consists of gravel, the
applicant shall replace the material with eight inches soil aggregate,
Type I-5. The gravel shall be properly graded and compacted to promote
surface runoff of stormwater.
(c)
In cases where the applicant proposes a trench in the unpaved
shoulder that is parallel to the edge of paving and results in an
opening less than one foot horizontally from the edge of paving, the
applicant shall be required to mill and replace the pavement of the
road for a width of two feet from the edge of paving if any crumbling,
raveling, alligatoring, or other pavement failure occurs as a result
of the trench settlement.
B.
Bituminous concrete street restoration specifications.
(1)
Fill.
(a)
Trenches shall be backfilled in layers not to exceed 12 inches,
and a mechanical tamper must be used. Should there be a deficiency
of material, additional backfill material shall be supplied. Whenever
the DPW or its duly authorized representative shall deem the material
unsatisfactory for backfill, the permittee shall provide acceptable
material for the backfill.
(b)
Fill shall be clean with no organic content and free of roots,
stumps, asphalt, etc. Clay material shall not be considered acceptable.
(2)
Gravel. Gravel shall be installed six inches thick. The gravel shall
consist of compact soil aggregate, Type I-5. The use of a recycled
asphalt product (RAP) or recycled concrete product may be substituted
for the soil aggregate as long as it meets the NJDOT requirements
for I-5 materials. The DPW may, at its discretion, submit samples
of the soil aggregate for a gradation analysis, with the cost of said
analysis to be borne by the applicant.
(3)
Temporary restoration.
(a)
Oil and stone roadways. For openings in oil and stone roadways,
the temporary restoration required will consist of the installation
of six inches of soil aggregate, Type I-5, to a level 2 1/2 inches
below the level of the adjacent paved surfaces. A two-inch minimum
depth of stabilized base course, HMA 19M64, shall be placed on the
base material to a level 1/2 inch below the adjacent paved surfaces.
(b)
Asphalt roadways.
[1]
Less than five square yards.
[a]
For openings of less than five square yards that
are in asphalt roadways, the temporary restoration shall consist of
six inches of soil aggregate, Type I-5, to a level four inches below
the level of the adjacent paved surfaces. A four-inch lift of stabilized
base course, HMA 19M64, shall be installed to grade.
[b]
These temporary surfaces shall be left in place
for a period of not less than 30 days nor more than 90 days to allow
sufficient settlement to occur. The permittee shall be responsible
for all maintenance deemed necessary by the DPW until such time as
the final restoration is completed.
[2]
Greater than five square yards.
[a]
For openings that are greater than five square
yards that are in asphalt roadways, the temporary restoration shall
consist of six inches of soil aggregate, Type I-5, to a level four
inches below the level of the adjacent paved surfaces. A four-inch
lift of stabilized base course, HMA 19M64, shall then be installed
to grade.
[b]
These temporary surfaces shall be left in place
for a period of not less than 30 days nor more than 90 days to allow
sufficient settlement to occur. The permittee shall be responsible
for all maintenance deemed necessary by the DPW until such time as
the final restoration is completed.
(c)
Maintenance of temporary restoration. All permittees shall be
responsible for all temporary restoration until such time as the final
restoration is completed. Upon notification from the DPW that the
temporary restoration covered under the road opening permit is in
need of repair, the permittee shall have seven days to correct all
defects and restore the area(s) to an acceptable condition. Failure
to respond within seven days will result in penalties being imposed
in accordance with § 185-19.
(d)
Emergency openings. When an emergency opening as outlined in § 185-8B
must be made in an asphalt roadway and a hot mix bituminous concrete
cannot be obtained during the course of the emergency work, the applicant
shall be permitted to use a cold mix emulsified asphalt (cold patch)
as a temporary restoration for no longer than 48 hours. The applicant
shall advise the DPW in writing if cold patch is used for temporary
restoration. Within the forty-eight-hour period, all cold patch should
be removed, the excavation should be thoroughly compacted, and the
appropriate temporary restoration installed in accordance with this
section.
(4)
Final restoration.
(a)
Oil and stone roadways. The permittee shall complete the final
restoration in oil and stone roadways by capping the existing stabilized
base course with a one-inch lift of bituminous concrete surface course,
HMA 12.5M64, to a level even with the adjacent paved surfaces. A clean,
straight edge shall be obtained prior to the placement of surface
course, and all edges shall be prepared with a tack coat.
(b)
Asphalt roadways.
[1]
Less than five square yards. For openings less than five square
yards, the final restoration will involve the removal of four inches
of temporary stabilized base. All edges shall be saw cut beyond the
actual trench width disturbed to produce a clean edge, and said edges
shall be coated with an asphaltic tack coat. All underlying material
must be thoroughly compacted and a four-inch thickness of bituminous
concrete surface course, HMA 12.5M64, shall then be placed, in two
lifts, to a level even with the existing road grade.
[2]
Greater than five square yards.
[a]
For openings greater than five square yards, the
trenches shall be milled to a depth of two inches to a distance at
least six inches beyond the actual trench width to produce a clean
edge. All edges shall be coated with an asphaltic tack coat prior
to a two-inch lift of bituminous concrete surface course, HMA 12.5M64,
being placed to a level even with the existing road grade. If the
location of the trench is such that it will result in a ribbon of
asphalt less than 24 inches wide between the edge of the final trench
restoration and the edge of existing paving, then the final restoration
shall be taken to the edge of paving.
[b]
No surface water shall be entrapped or ponded on
the resurfaced areas. If any ponding occurs, the permittee will be
responsible for performing whatever remedial action is required by
the DPW.
[c]
The Township will complete an inspection of the
final restoration 180 days after the initial excavation took place
to ensure that all work was completed properly and no settlement has
occurred. Should the final restoration not be completed or there is
settlement that the applicant must address, an additional fee of $100
will be required for the Township to oversee the follow-up work required.
(5)
Infrared. Infrared restoration for repair of asphalt streets that
are less than five years old and have been opened for utility work
may be required by the Township. The infrared work shall be completed
after a one-hundred-twenty-day to one-hundred-eight-day settlement
period in accordance with the Township Policy entitled "Galloway Township
Method of Construction for Infrared Restoration of Roadways."
C.
General restoration specifications.
(1)
Whenever required by the DPW, pipes for making opposite side hookups
shall be driven or bored under the paved portion of the road or street
without disturbing the surface.
(2)
Road openings and/or trenches involving unusual or special conditions
shall be restored in accordance with and pursuant to the direction
of the DPW or its representative.
(3)
All damage done to adjacent elements of the street, curbs, walks,
catch basins, storm drains, landscaping, grass area, etc., shall be
immediately repaired by the applicant.
(4)
All work shall be done with care and in a workmanlike manner.
(5)
The temporary restoration must be completed prior to the opening
becoming greater than the length of paving restoration that can be
accomplished in one workday. No trenches shall be left open over a
weekend or during any holiday period.
(6)
The DPW shall have the discretion of determining if the final roadway
restoration can be completed by a two-inch minimum surface course
milling and overlay for the full width of the roadway. If the DPW
determines the roadway is not able to be finished as stated to conform
to smooth ride as determined by NJDOT specifications, then the DPW
may have the permittee reconstruct the roadway in full width by milling
the existing roadway and placing a two-inch base course of HMA 19M64
hot mix asphalt and a two-inch surface course of HMA 12.5M64 hot mix
asphalt. In addition, the permittee shall provide the engineer with
a profile roadway design to show the roadway is to be regraded to
conform to AASHTO design requirements. All designs shall be prepared
by a licensed New Jersey professional engineer.
(7)
In lieu of the requirement of final paving of any road opening, the
Township may require the applicant to contribute the cost of the final
paving to the Township based on the Township Engineer's estimate of
the improvement. If the Township decides to accept the money in lieu
of final paving, the permittee will be relieved of any responsibility
for final paving of the roadway, and the Township shall appropriate
the monies collected in the capital budget and use the money contributed
to complete the final surface restorations that are deemed necessary
by the Township. The permittee may also petition the Township Council
for the Township to accept the responsibility of final paving, if
it so desires. Whenever an in-lieu payment is required, payment must
be made to the DPW prior to the issuance of a permit. Notwithstanding
the payment of an in-lieu contribution, the permittee shall retain
the responsibility to maintain the temporary trench until such time
as the Township completes the final paving. All estimates for final
improvements will be determined by the Township Engineer based on
the following range of unit prices, and other items of work may be
added by the Engineer depending on the extent of work required for
final restoration.
|
Cost for Final Improvements
| |
|---|---|
|
Type
|
Unit Price
|
|
Milling
|
$4 per square yard
|
|
HMA surface course
|
$80 per ton
|
|
Shoulder restoration
|
$10 per linear foot
|
(8)
The applicant must keep the work area clean each day. The applicant
must sweep the surrounding road surface to control dust, mud, dirt,
etc. The permittee shall also adhere to all requirements of the Cape
Atlantic Soil Conservation District at all times. If the applicant
does not comply, the Township will perform the cleanup and act on
the performance bond for the cost.
(9)
Upon completion of the work, the applicant will request a final inspection
by the DPW. If acceptable, the performance guarantee will be converted
to a maintenance guarantee which will remain in place for a period
of two years. In the case of utilities or other entities who are permitted
to post a general annual performance bond or lump sum guarantee against
multiple permits, the applicant shall be required to control the number
of permits open at any one time. These applicants shall be required
to submit a quarterly report to the DPW showing the status of all
pending permits and identifying those permits where the final restoration
has been completed.
(10)
In any case where the contractor has not complied with these
regulations to the satisfaction of the DPW or its representative,
the DPW, without notice, may cause the work to be done, and the cost
shall be deducted from the performance bond made by the applicant.
(11)
The time limit for all permits will be determined by the DPW
based on the nature of the work to be completed.
(12)
All permittees are required to send notice that the work covered
under their permit has been completed in accordance with the applicable
section(s) of Chapter 185 on a form to be provided with the road opening
permit.
D.
Specifications for opening streets under a moratorium.
(1)
If it is necessary to open a street subject to a moratorium as noted
in § 185-10 (B), the permittee shall be required to complete
final pavement restoration for the full width of the road to a distance
of 100 feet beyond the area of the openings.
(2)
The distances in either direction of the opening will be determined
by the Township Engineer based on the proximity to other roadways
or utility concerns. In most cases, final pavement restoration will
encompass 50 feet in both directions of the opening for the full width
of the existing road. The Township Engineer may allow resurfacing
to the center line of the road only if the opening is completed within
one lane and does not involve disturbance across the center line.
(3)
Temporary and final pavement restoration shall be completed in the
same method as indicated in § 185-17B except that milling
will entail the full length and width that must be repaved.
A.
If more than two individual excavations are required within a seventy-five-foot
length, one continuous patch is required to cover all trenches. The
Township reserves the right to require an inspection for all excavations.
An inspection fee shall be paid by the permittee to the Township at
the prevailing rate. Payment shall be made by a check made payable
to the Township of Galloway. Payment of inspection fees shall be a
precondition for the release of performance guarantees.
B.
If an inspection is required outside the normal workday hours, an
additional fee may be imposed for the cost of the hours beyond the
normal workday.
[Amended 12-13-2016 by Ord. No. 1951-2016]
The penalty prescribed for any violation of this article or
any section thereof shall be a fine of not more than $2,000, imprisonment
for not more than 90 days and/or a period of community service for
not more than 90 days. Each day that a violation exists shall be considered
a separate offense.
