This article is adopted by the Township in accordance with law
with the purpose to protect Township roads and Township rights-of-way
from damage and keep them safe and convenient for traveling during
all seasons of the year, and to provide that the maintenance, repair,
and replacement of sidewalks along the frontage of individually owned
properties is the sole responsibility of the individual property owner.
It shall be unlawful for any person or persons, firm or corporation
to make any excavation in, or to open or tear up the surface of, any
Township road, street, or right-of-way, the maintenance of which is
the responsibility of the Township, for any purpose whatsoever, without
first obtaining a written permit from the Township Committee after
review and recommendations by the Township Engineer, and which shall
include a general description of the work to be performed and the
hours of operation.
Permits for any excavation in any of the roads or streets referred
to herein shall be granted only upon the following conditions and
such other conditions as may be hereafter adopted:
A. No disturbance of any nature will be allowed in pavement for a period
of five years after its construction of resurfacing date.
B. An excavation shall be properly guarded by the permittee by the erection
of suitable barriers and notices of such excavation by day and sufficient
and suitable lights at night and by such other reasonable structures
in accordance with the latest edition of the Manual for Uniform Traffic
Control Devices (MUTCD) or notice as the Township Engineer shall prescribe.
C. If any excavation is to extend for the full width of the road, only
1/2 of the road shall be excavated at one time, which half shall be
backfilled before the remaining 1/2 is excavated, in order that the
public travel over the road may remain open at all times.
D. All excavations and backfilling of the same shall be made within
the time prescribed in the permit therefor.
E. The pavement or surface of any road or street in which an excavation
has occurred must be restored by the permittee to the same extent
and in the same manner as existed prior to the excavation.
F. A permittee must restore any pavement to any road or street excavated,
and the money deposited for the restoration of the pavement will be
returned upon satisfactory completion of the repair and restoration
of the pavement excavated. In the event a permittee fails to restore
the pavement in a satisfactory manner and within the time specified
in the permit, the Township Engineer shall arrange to have the Road
Department restore the pavement and charge the cost thereof against
the deposit made by the permittee. In the event the deposit is not
sufficient to pay the cost of such restoration and repair, the permittee
shall pay the difference immediately upon demand. Failure of the permittee
to restore the pavement in a satisfactory manner within the time specified
in the permit shall be considered in violation of this section and
shall subject the permittee to the penalties provided herein.
G. When it becomes necessary to open the paved section of any road,
such opening shall not be less than two feet wide nor more than three
feet at the top, nor shall any opening be less than three feet square,
and the sides of such opening shall be perpendicular at the top and
converged toward the bottom so that the width at the bottom shall
be less than and not greater than the width at the surface of the
pavement.
H. Tunneling will be permitted with the specific approval of the Township
Engineer.
I. Whenever possible, the permittee shall make the necessary excavation
on either side of the pavement in order to make his connection, rather
than excavating the pavement proper. In order to reach a main on the
opposite side, he shall drive a pipe from one excavation to the other
so as not to disturb the pavement.
J. The permittee shall backfill the excavation within the time specified
in the permit, and if not done within that time and no extension of
time has been obtained, the same shall be deemed a violation thereof.
The material for backfill shall be dense graded aggregate (DGA) or
quarry process stone (QPS) to be installed within Township paved roadways.
No stone larger than six inches in diameter and no shale rock shall
be used. No more than six inches of material shall be backfilled at
one time, and the same shall be thoroughly moistened and tamped until
thoroughly compacted. All excess material shall be removed from the
roadway.
K. Whenever an opening discloses the fact that there is not sufficient
covering to prevent the freezing of the water, gas or sewer pipe,
the same shall be lowered to not less than four feet from the surface
of the pavement at the expense of the owner.
L. All work to be done in any excavation or opening of any road, street,
or right-of-way shall be subject to the supervision in the manner
of the excavation or opening by the Township Engineer or such duly
authorized representative or agent.
M. All of the expense of excavation or opening any road, street or right-of-way
and backfilling the same or any portion thereof shall be at the sole
expense and liability of the permittee, and the Township of Andover
or any of its officers or agents or employees shall not be responsible
or liable for any part thereof.
N. Any opening or excavation in or on or under any road, street or right-of-way
referred to herein for which a permit shall be granted by the Township
of Andover shall be performed at the sole liability of the permittee,
and the Township shall not be liable to any person or party injured
or damaged as a result thereof. The permittee shall further indemnify
and save harmless the Township from any cost or expense to the Township
as a result of any claims for damage or injury suffered by any person
as a result of any such excavation or opening in any such road or
street referred to herein and forming the subject matter of any permit.
O. No road/right-of-way openings shall be permitted between the time
period of November 1 and March 1, unless an extraordinary basis can
be demonstrated.
P. All roadways and rights-of-way are to be restored to their original
or better condition, including safety improvements as so required
by the Township Engineer.
Q. Before a permit for any excavation is issued, the applicant shall
file a certificate of insurance in accordance with the recommendation
of the Township's Administrator, which shall also indemnify the Township
of Andover and name the Township and its Engineer as additionally
insured.
Any excavation or opening made in any road or street referred
to herein in any part of this article shall be subject at all times
to all laws of the United States of America and of the State of New
Jersey and to any other appropriate regulation adopted by the Township
of Andover or other governmental body having lawful jurisdiction to
impose any such law or regulation governing the use of the street,
road or right-of-way.
It shall be unlawful for any person or persons, firm, corporation,
municipality or party whatsoever to place materials of any description
whatsoever, structures, vehicles, equipment or other matter of any
nature whatsoever for storage upon or along any Township road, street,
or right-of-way or other road, street, or right-of-way which the Township
shall have the responsibility of maintaining, and no such permit shall
issue except on the conditions immediately hereafter set forth or
upon such conditions as may be hereafter adopted by the Township Committee.
Permission to store construction equipment or materials shall be permitted
only in conjunction with a road opening permit application. Such requests
should be reviewed by the Township Engineer with conditions set based
on right-of-way conditions.
A. A permit for temporary storage of materials may be issued for a brief
period of time as may be reasonably required in the judgment of the
Township Engineer for the purposes required.
B. Application for a permit shall describe the material in detail, giving
quantity, weight or other dimensions and particulars thereof.
C. Any materials stored or placed on any road, street or right-of-way
referred to herein shall be adequately protected, safeguarded and
lighted at all times in such manner as may be designated by the Township
Engineer, and appropriate notice of such storage or placement shall
be given to the traveling public upon such signs or in such manner
as the Township Engineer shall designate. The permittee shall be responsible
for the erection and removal of any barriers, signs or other structures
involved in protecting the materials and in warning the public thereof.
D. The permittee shall be liable at all times to any person damaged
or injured by such storage or placement of materials and shall be
solely and fully responsible to all persons affected by such action
and shall further indemnify and save harmless the Township of Andover,
its officers, agents and employees from any claims or actions, expense
or damage or injuries resulting therefrom.
E. No materials shall be stored upon any road, street, or right-of-way
referred to herein at any time in any manner so as to permit less
than 18 feet of way open to travel by the public.
F. No materials, structures or equipment shall be placed at any time
in any manner so as to interfere with or divert the flow of water
along the road or street or in the gutters thereof.
G. Applications for any permit hereunder shall be accompanied by a cash
deposit or surety bond or other contractual guaranty or indemnification
in such amount and in such manner as shall be set forth in a schedule
of fees for such purposes now or hereafter adopted by the Township
Committee and maintained in the office of the Township Clerk.
The Zoning Official or his authorized agent is charged with
the enforcement of all provisions of these regulations and is hereby
designated as the agent acting for the Township Committee.
The Township Engineer or his authorized agent is charged with
the review, inspection, approval and the granting of exceptions to
these regulations.