[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 9-21-1989 by Ord.
No. 89-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 87, Excavations
in Streets, adopted 8-1-1974 by Ord. No. 74-12 as part of Chapter
XI of the General Ordinances.
It shall be unlawful for any person, partnership, association
or corporation to cut, break into, excavate, damage or open any of
the roads, streets, avenues, highways and rights-of-way of the Township
of West Deptford or easements granted thereto without first making
written application to the Public Works Manager stating the kind,
character and purpose of the proposed work and such other information
as may be required to fulfill the requirements of this chapter.
The Township rights-of-way have been established and are maintained
primarily for the purpose of movement of vehicles and pedestrians.
It is also desirable to allow individuals and utility companies to
utilize Township rights-of-way for purposes other than transportation.
However, to prevent recurring dangerous and annoying interruptions
to traffic and pedestrians and to avoid interference with future road
construction and to provide a uniform standard of construction and
construction methods, it is necessary that strict control be maintained
and standard procedures be followed for excavation, construction and
maintenance of Township rights-of-way.
The words and phrases herein used, except where the same shall
be clearly contrary to or inconsistent with the context of the section
of the chapter in which used, shall be defined as follows:
The mailing address of the individual, group, partnership
or corporation for whom the work under the permit is to be performed.
The street address, or block and lot number where street
address is not available, of the location where the proposed construction
is to take place.
Those pipes and conduits providing a utility service between
the property line and the utility main.
The name of the individual, group, partnership or corporation
for whom the work under the permit is to be performed.
All material used to bring the excavated area to subgrade
condition.
Those facilities under the jurisdiction of the cable television
franchise holder for the Township.
That area which lies between the curblines, having a hard
surface and used for vehicular traffic.
The work required to be performed under the permit.
The individual, group, partnership or corporation undertaking
to do the work requested on the permit.
That construction of concrete or bituminous concrete with
a vertical fact which defines where the pavement and planting strip
meet.
That portion of curb uses for ingress and egress to the driveway.
Includes that portion of a right-of-way which provides access
to an off-street vehicular facility through a depression in the constructed
curb or, when there is no constructed curb, that area in front of
such vehicular facility as is well-defined or as is designated by
authorized signs or markings.
That area of the driveway between the sidewalk and the curb
or curbline or, where there is no sidewalk, that area between the
property line and the curbline.
Those facilities and conduits under the jurisdiction of any
electrical utility company.
When the existing utility is leaking, broken, blocked or
otherwise malfunctioning such that the health, safety and interest
of the public is endangered and immediate action is required.
The Township Engineer and his appointees, who represent the
Township and will perform inspections on the construction to be accomplished
under the permit.
All material removed or disturbed from its original location.
Those pipes and appurtenances under the jurisdiction of the
PSE&G Company or the South Jersey Gas Company.
Those areas so designated or required by law where the sidewalk
is ramped to meet a section of depressed curb for wheelchair traffic.
Any work the Township requires to be performed prior to the
release of the maintenance guaranty.
Where notification within 24 hours is required for work performed
of an emergency nature, in the event of a holiday or Saturday or Sunday,
said notification shall be made the next regularly scheduled business
day of the Township.
The type of material used for the construction of the cartway.
The document issued authorizing the required construction
to take place.
That area between the property line and the curb or the edge
of pavement.
That area between the sidewalk and the property line.
That area between the sidewalk and the curb or the edge of
pavement.
The removal and replacement of an existing structure, facility,
area or appurtenance as required under the permit.
Restoring or patching, as may be required, of both a temporary
and permanent nature for the protection of the public and the structure,
facility, area or appurtenance.
The placing back of an existing structure, facility, area
or appurtenance in accordance with current Township specifications.
That area which is dedicated to the right of the public.
Those pipes and appurtenances under the jurisdiction of the
Township.
All utility connections between the right-of-way and the
main under the jurisdiction of the utility company, Township or private
ownership.
Those pipes and appurtenances under the jurisdiction of the
Gloucester County Utilities Authority.
That area designated for pedestrian traffic having a hard
surface.
All written documents, plans or sketches made pertaining
to the method or manner of performing the construction or quality
and quantities of material to be utilized.
Those pipes and appurtenances which carry stormwater and/or
groundwater, including roof drains, underdrains, yard drains and sump
pump discharge pipes within the right-of-way.
Those facilities and conduits under the jurisdiction of the
New Jersey Bell Telephone Company or any other local or long-distance
telecommunications carrier.
The Township of West Deptford.
Those pipes, hydrants and appurtenances under the jurisdiction
of the Township Water/Sewer Department.
All new construction and/or replacement of existing utility
mains.
For construction, reconstruction, replacement, repair, maintenance,
servicing or installation of sidewalks, driveway aprons, curbs, handicap
ramps, sanitary sewer mains and laterals, water mains, hydrants and
service laterals, gas mains and service laterals, telephone conduits,
electrical conduits, cable television conduits, sewerage authority
mains, all service connections, storm drain mains, inlets and basins
and pavement extensions; the temporary storage of equipment or construction
materials; and any other operations other than Township-contracted
projects which may cause abnormal wear to or deface or damage existing
structures, pavement, curbs, sidewalks or driveway aprons, a right-of-way
permit is required.
An application for a permit must be filed with the Township
of West Deptford before preliminary investigation will be made or
the permit issued. Standard application forms for this permit may
be secured from the Public Works Manager's office. Each application
form shall be completely filled in, signed and delivered to the Public
Works Manager's office with a notation on the outside of the envelope,
"Application For Right-of-Way Permit." An explanation of the application
sketches shall be made either in the space provided on the application
form or on a separate sheet, in duplicate, which the applicant shall
attach to the application. Said diagrams, plans or sketches shall
show the location of the work to be done in relation to the property
lines, intersections, curb or edge of pavement, including the depth
of the excavation.
A.Â
The Township reserves the right to require more detailed diagrams,
plans or sketches where the Public Works Manager or Township Engineer
deems it would be in the best interest of the public. Said detailed
diagrams, plans or sketches may be required to show the location of
the work in relation to the outstanding features of the right-of-way,
such as property lines, intersections, curb and edge of pavement lines,
sidewalks, driveways, driveway aprons, trees, drainage structures
and utility poles, by number.
B.Â
The applicant shall be required to backfill and restore the pavement,
curb, sidewalk and other disturbed areas caused as a result of the
construction work of the applicant, in accordance with the detailed
specifications of the Township.
C.Â
Once the permit has been issued and the applicant discovers that
additional work or repairs not designated in the original application
are necessary at the same location, the applicant shall notify the
Engineer within 24 hours and amend the original application on file
in the Public Works Manager's office within seven calendar days of
notifying the Engineer.
D.Â
When it is determined that work must be performed of an emergency
nature, the Engineer must be notified within 24 hours of the cause
for said work and a permit obtained from the Public Works Manager
within seven calendar days of the work's being performed.
All applications for right-of-way permits must be accompanied
by diagrams, plans or sketches. The Engineer reserves the right, where
applications are made for permits involving work of major scope, to
have a complete set of engineering plans, drawn to a scale of not
less than one inch equals 30 feet, and specifications submitted, in
duplicate, along with said application. The application and plans
in all instances will be forwarded to the Township Engineer, who will
either approve or approve as noted or deny said plans and specifications.
Said diagrams, plans, sketches or specifications shall be so detailed
that the exact location of the various parts of the work, the risk
or injury to right-of-way users and the probability of damage to any
trees, highway structures and private property can be ascertained.
Upon the approval of the Engineer of the application, diagrams, plans,
sketches and specifications, the same will be so noted on the application
and returned to the Public Works Manager's office, where said permit
can then be issued.
When it appears that the work called for in an application would
cause substantial or needless damage to a right-of-way or create excessive
disturbances to traffic or exceptionally dangerous conditions not
commensurate with the benefits to the applicant, the request for such
permits will be denied. The applicant will be informed about such
rejection by letter, which will state the reason for the rejection.
The Township Engineer or his designee may refuse to issue a permit
to any person, partnership, association or corporation when, in his
opinion, work performed under a permit theretofore issued to the applicant
has not been properly executed or when said applicant has failed to
reimburse the Township for recoverable charges billed under the terms
and conditions of a previous permit that was issued in accordance
with this chapter.
A.Â
A permit form must be signed by the Public Works Manager or his designee
before it becomes valid. Such permits will be issued through the Public
Works Manager's office two days after said application for permit
has been received in good order and approved, unless said work is
of a major scope and would require additional time for review. If
said application calls for work of a major scope, a response to the
applicant shall be made within two weeks of said application's being
filed with the Public Works Manager. Said permit shall be issued after:
(1)Â
Completion of all aspects of the permit application and after diagrams,
plans, sketches and specifications have been reviewed and approved.
(2)Â
Payment of the permit fee(s) (administration and inspection).
(3)Â
The posting with the Township of the appropriate performance/maintenance
bond, letter of credit and/or escrow funds in the form and amounts
approved by the Township Solicitor to cover the cost of temporary
and permanent restoration as well as maintenance for a period of two
years.
B.Â
The permit shall be valid for a period of six months from the date
of issue and may be extended for an additional three-month period
upon written request to the Public Works Manager prior to the expiration
of the original permit and subject to the approval of the Engineer.
C.Â
For emergency work, a permit will be issued within two days from
the Public Works Manager's office when the Engineer has been notified
by the applicant, within 24 hours, of the cause for said emergency.
D.Â
No permit shall be issued for a period of five years where a pavement
has been reconstructed or a period of three years where a pavement
has been resurfaced, unless there is a need shown as a result of an
emergency or hardship. Where a hardship is demonstrated, the Township
Committee shall have the authority to authorize the granting of a
permit by resolution.
In the event that the applicant shall fail to complete or correct
the conditions as required, after the Engineer has notified the applicant
by ordinary mail addressed to the applicant, the Township may perform
the work 10 days thereafter, and all funds on deposit shall, without
further notice, be credited in an account to be drawn on to defray
the cost of work required to be performed by the Township. Said cost
to perform such work shall be reimbursed from the performance/maintenance
bond company or deducted from the escrow. In the event of an emergency
caused by incomplete work or defective work, any costs incurred by
the Township to rectify said emergency condition shall be reimbursed
from the performance/maintenance bond company or deducted from the
escrow.
The applicant or contractor is forbidden to commence work until the items listed in § 87-8, Issuance of permit, have been compiled and the applicant has notified the Township Engineer's office at least 24 hours in advance of the exact date and hour the proposed work is to commence. Utility companies under the jurisdiction of the Bureau of Public Utilities are exempt from providing the exact hour their work is to be performed.
A.Â
Prior to the issuance of a permit, the applicant shall deposit with
the Township a bond or escrow in an amount to be determined by the
Township Engineer and the form of said bond be approved by the Township
Solicitor. The amount of bond or escrow will be established separately
for each permit so that the Township will be protected against loss
in the event of the failure of the permit holder to complete the work
or make required repairs or restoration of damages involving the work
or encroachment authorized by the permit. The amount of bond or escrow
shall be computed on the basis of costs required to make proper restorations
or repairs of a temporary and/or permanent nature. As part of the
approval for application for a permit, the Township Engineer shall
advise on the permit application form the amount of the bond or escrow
required. An annual blanket bond of not less than $20,000, acceptable
to the Solicitor of the Township of West Deptford, may be deposited
to avoid the inconvenience and expense of obtaining individual bonds
for each permit requested. Said performance bond shall also encompass
a maintenance bond once the permanent restoration has been completed
and accepted by the Township. Upon completion of final and permanent
restoration and acceptance by the Township, the performance bond or
escrow will be returned subject to a maintenance bond or escrow of
15% being posted. Said maintenance bond or escrow shall remain in
effect for a two-year period of time. The bond or escrow shall be
released to the permit holder upon satisfactory completion of all
restoration and repairs during the two-year maintenance period. Said
two-year maintenance period shall commence after final inspection
of the work performed under the permit and the acceptance of the work
by the Township.
B.Â
For all utilities under the jurisdiction of the Bureau of Public Utilities, a blanket corporate bond acceptable to the Township Solicitor in the amount as set forth in Chapter 11 may be deposited with the Township in full force and effect in lieu of a separate bond or escrow for each required permit as surety for the performance and maintenance period. Said maintenance period shall be for a period of two years and shall commence after the final inspection of the work performed under the permit and the acceptance of the work by the Township.
[Amended 3-10-2011 by Ord. No. 2011-01]
[Amended 3-10-2011 by Ord. No. 2011-01]
A.Â
Prior to the issuance of a permit, the applicant shall pay to the Township of West Deptford a fee as set forth in Chapter 11 to cover the cost of administration. In addition, a fee to cover the cost of inspection shall be determined by the Engineer. Said inspection fee shall not be less than the amount as set forth in Chapter 11, and, for each $1,000 estimated cost of right-of-way restoration in addition, a fee as set forth in Chapter 11 shall be paid to the Township for inspection prior to the permit's being issued. For sidewalk and/or apron replacement only, the applicant shall pay, in cash, a fee as set forth in Chapter 11 to cover the cost of administration and inspection.
B.Â
The fee is to be posted as surety for all work to be done within the right-of-way (other than sidewalk and/or apron replacement only) shall be as set forth in Chapter 11. The posting of said surety shall not be required of a utility company under the jurisdiction of the Bureau of Public Utilities or a contractor who has posted an approved blanket bond as provided for under § 87-11, Performance and maintenance guaranty. The cost for inspection for all work performed by a utility company under the jurisdiction of the Bureau of Public Utilities shall be based on the amount of time required for inspection by the Engineer billed to the utility company on a monthly basis at the rate of two times the hourly rate of the Engineer.
All work to be performed for excavating or opening of roads,
streets, highways, avenues or right-of-way in the Township of West
Deptford shall be performed in accordance with the current specifications
entitled "Detail Specifications For The Excavating or Opening of Streets,
Roads, Avenues, Highways and Rights-of-Way in the Township of West
Deptford, County of Gloucester," which are on file in the Public Works
Manager's office and the Township Engineer's office.
The terms of this chapter shall not apply to a street or right-of-way
in any subdivision approved by the Township Planning Board prior to
the Township's accepting said street or right-of-way for maintenance
purposes or for any work covered under separate contract for the Township.
[Amended 3-10-2011 by Ord. No. 2011-01]
Any person, partnership, association or corporation opening or attempting to open any road, street, avenue, highway or right-of-way of the Township without first securing a permit or violating any provisions of this chapter shall be subject to a fine not exceeding the amount as set forth in Chapter 11 or imprisonment in the county jail not exceeding 90 days, or both.
