[Adopted 11-27-78 as Ord. No. 305]
No person, firm, partnership or corporation shall open or dig
a trench in any public road, street or highway of this borough without
having first done each of the following:
A.
Made a written application therefor to the Borough of Woodstown,
in the County of Salem, on forms to be provided by it and supplied
a map or sketch of the project.
B.
Paid the proper fee to said borough for such opening or trench in the amount specified by § 78-18.
C.
Given the borough a cash or surety company bond, in the amount specified,
to guarantee that the opening or trench made by the permittee will
be properly closed. Upon completion of the work in a satisfactory
manner, the performance bond or cash will be released in return for
a maintenance bond or cash to guarantee that the road, street or highway
over the opening or trench will remain in good condition for at least
one year after the closing by the permittee. The minimum amount of
each maintenance bond shall be 25% of the amount of the performance
bond but shall not be less than $25. A utility company may, in lieu
of giving a separate performance bond and a separate maintenance bond
on each project, keep in continuing effect and posted with the Borough
Clerk a combination performance and maintenance bond for $10,000 by
the permittee and a surety company licensed to do business in New
Jersey, which bond shall guarantee both performance and maintenance
by the utility company in regard to street openings as required by
this chapter and shall be approved as to form by the Borough Solicitor.
D.
Received from the borough a written permit for the specific opening
or trench.
No person, firm, partnership or corporation shall direct or
cause any employee, agent or contractor of such person, firm, partnership
or corporation to open or dig a trench in any public road, street
or highway until a written permit for such opening or trench has been
issued by the borough.
[Amended 5-27-1997 by Ord. No. 513; 3-26-2019 by Ord. No. 2019-5]
Each permittee is responsible for providing notification to
and inquiry of the New Jersey Utility Markout System sufficiently
in advance to prevent any accidental interference with underground
services. All permittees are specifically required to contact NJ One
Call system at 811 or 1-800-272-1000 prior to starting any excavation.
In addition to these requirements, each permittee is responsible to:
A.
Have the trench or opening dug promptly after the permit aforesaid
is granted.
B.
Have the material which is taken from the opening or trench placed
so as not to interfere with public use of the highway.
C.
Comply with New Jersey Workzone Safety Standards for proper and ample
guards, barricades, signs and lights maintained on the site to sufficiently
warn users of the road, street or highway of the dangers attendant
to the project from the time the opening or trench is started until
the road, street or highway is completely restored and completely
reopened to public travel.
D.
Comply with all OSHA Confined Space Entry requirements and assume
full liability for any and all injuries caused by the negligence of
the permittee or the employees or agents of the permittee in constructing
such opening or trench, as well as in its maintenance or closing.
E.
Keep said opening or trench open a minimum period of time to accomplish
the purpose of the permittee and close such opening or trench as soon
as possible thereafter.
F.
Comply with the following standards hereby adopted in this Borough
for such openings and trenches in public roads, streets and highways:
(1)
Protection for traveling public. The permittee shall keep such opening
or trench properly guarded and shall have warning lights in place
at night. The permittee shall interfere as little as possible with
travel along the road and open no greater part of the road than allowed
by the Superintendent of Public Works.
(2)
Protection from suits. The permittee shall save harmless the Borough
of Woodstown, its officers and servants from and against any loss,
injury or damage resulting from any negligence or fault of the permittee,
his agents or servants in connection with the performance of the work
covered by the permit. The permittee shall supply the Borough with
an adequate certificate of insurance prior to the start of the opening
or trench.
(3)
Time limit. The opening or trench shall be backfilled and within
paved or sidewalk areas semipermanently patched with asphalt immediately,
and the pavement and/or sidewalk shall be restored within two weeks.
In case the work has not been completed before the day of expiration
as shown on the permit and the permittee has not requested an extension
of time, the Superintendent of Public Works may, at the permittee's
expense, take steps to backfill the trench and replace a permanent
pavement over the opening for which the permit has been issued, and
if any extension of time beyond said date is needed for the completion
of the work, a new application must be filed if required by the Superintendent
of Public Works.
(4)
Maintenance. The restoration of the opening or trench shall be maintained
for one year after completion.
(5)
Excavation.
(a)
The applicant shall give a twenty-four-hour notice to the Superintendent
of Public Works or his duly authorized assistant prior to making an
opening, except in case of emergency.
(b)
No opening shall be commenced on a Saturday, Sunday or holiday,
except in case of emergency.
(c)
On a bituminous-surface-treated road, the edges of the opening
shall be cut straight through the bituminous surface before the trench
is excavated.
(d)
The work shall be conducted so as not to interfere with the
water, sewer or gas mains or any connections with buildings until
permission is granted by the proper authorities. No material, including
rock or other deleterious material, may be removed by blasting. No
excavation which will damage trees shall be made without the approval
of the Superintendent of Public Works. Additional requirements for
working around trees and tree roots will be provided to the permittee
should it be determined by the Superintendent that the work is necessary.
(6)
Backfilling. The permittee shall completely backfill the excavation
and replace as great a portion as possible of the material excavated,
compacting it in eight-inch lifts by tamping, mechanically aided compaction,
or other suitable means, and supply additional material, with a soil
aggregate of I-5 when there is a deficiency. Whenever the Superintendent
of Public Works or his duly authorized representative shall deem the
material unsatisfactory for backfill, the permittee shall backfill
the trench with a soil aggregate of I-5 acceptable material, compressed
as required, and shall remove all excess material from the premises.
If tamping alone is employed, the material shall be placed in layers
not exceeding six inches in thickness, moistened as directed, and
each layer energetically tamped until thoroughly compacted.
(7)
Restoration of surface course paving and base course paving. After
the backfilling of the opening or trench has been completed as above
specified, the restoration of the pavement shall be governed by the
following applicable rules:
(a)
In the case of an opening or trench in the earth shoulder, the
permittee shall restore the top four inches of the trench or opening
with material capable of supporting the growth of grass and shall
fertilize and seed the surface with grass seed.
(b)
In the case of a gravel pavement, the permittee shall fill in
the top 12 inches of the excavated trench or opening with compacted
Grade A road gravel.
(c)
In the case of a penetration macadam (oil and chip) road which
consists of broken stone of various sizes, the permittee may salvage
the broken stone and replace it in the top of the trench similar to
the original pavement and cover it with two inches of hot-mixed bituminous
concrete.
(d)
In the case of a gravel-based bituminous concrete road, the
permittee shall restore the surface with a minimum of six inches of
compacted dense graded aggregate (DGA) covered with a minimum compacted
thickness of two inches of hot-mixed asphalt (HMA) mix 12.5M64 surface
course and two inches of HMA 19M64 base course or surface and base
thicknesses similar to the existing road, whichever is greater.
(e)
In the case of bituminous-treated gravel road, the permittee
shall restore the surface with 12 inches of compacted DGA covered
with two inches of HMA 19M64.
(f)
In the case of a concrete surface, the permittee shall construct
a concrete foundation and shall restore the reinforcement and the
concrete pavement as directed by the Superintendent of Public Works.
All concrete shall be air-entrained, minimum 4,000 psi concrete mix.
Curb shall match the existing profile and be restored existing joint
to existing joint. Minimum thickness for sidewalk shall be four inches.
Sidewalk across driveway entrances and driveway ramps shall have a
minimum thickness of six inches. Restoration of handicap ramps shall
conform to PROWAG standards.
(g)
In the case of any special condition, the permittee shall restore
the trench or opening as directed by the Superintendent of Public
Works. If the Borough is required to restore the pavement, the final
charges, based on the schedule of cost, shall be billed to the permittee
on the completion of the work by the Borough.
(h)
Final restoration will require a minimum reconstruction of the road surface with mill and overlay of full width of the cartway curb to curb for disturbance on each side of the centerline or 1/2 width of the cartway from curb to centerline for disturbance on only one side of the centerline. In the event a project includes two or more excavations, the final restoration requirements set forth in this Subsection F(7)(h) shall require reconstruction of the road surface of the entire area between the furthest most excavation points. This Subsection F(7)(h) may be waived or modified upon the approval of the Borough Engineer or Superintendent.
[Amended 4-25-2017 by Ord. No. 2017-8; 3-26-2019 by Ord. No. 2019-5]
A.
Each applicant for a permit for such opening or trench shall post
a cash bond, a letter of credit or a surety company bond, as a performance
guarantee with the Borough to cover the estimated costs of closing
the particular opening or trench for which the application is being
made according to the schedule of estimated costs as from time to
time may be set by the Township Committee.
B.
Each such surety bond, letter of credit or cash bond shall be executed
by the permittee as principal therein, and the surety company shall
be the surety therein, which surety company shall be one licensed
to do business in the State of New Jersey.
C.
The performance guarantee shall be held for one year beyond final
restoration of the project ( one year maintenance period). Upon completion
of the one year maintenance period following final restoration of
the public road, street or highway in accordance with the Article,
the permittee shall receive back his said performance guarantee upon
written application therefor and upon approval thereof by the Borough
Council.
[Amended 4-25-2017 by Ord. No. 2017-8; 5-8-2018 by Ord. No. 2018-6]
[Added 3-26-2019 by Ord. No. 2019-5]
A.
"Utility,"
as used in this article, shall mean any system, such as water, sewer,
electricity, telecommunications, etc., which services the public.
B.
Each
applicant for a road opening permit for the construction of utilities
shall pay a permit fee of $250 for all excavations of less than or
equal to six square yards. If said area to be opened, disturbed or
undermined exceeds six square yards, the additional yardage shall
be classified as "excess yardage," and an additional fee shall be
due and payable by the applicant for all yardage in excess of six
square yards at a rate of $10 per square yard. The area to be opened,
disturbed or undermined by the applicant shall be measured and determined
by the Office of the Borough Engineer and the Department of Public
Works.
C.
The applicant shall post an escrow with the Borough Treasurer in the amount of 5% of the approved cost of construction. Said escrow account shall be utilized to pay for all professional services which shall be required in order to administer Chapter 78 of the Borough of Woodstown Code as it affects the proposed street opening, including engineering, legal and other expenses connected with the application. The applicant shall pay the permit fee and application by two separate checks to the Borough.
D.
Said
escrow shall be administered by the Borough Treasurer as follows:
Whenever engineering, legal or other services are rendered in connection
with an application made by a public utility, said expenses shall
be paid from the escrow posted by the public utility. Notice of such
payment shall be provided, in writing, to the public utility. Said
notice shall advise the public utility as to the service rendered,
the date the service was rendered and the location of the street opening.
The public utility shall then reimburse the escrow in an amount equal
to the expenses paid from the escrow. Said reimbursement shall be
made within 30 days of the date that notice is provided to the utility.
E.
In the
event that there shall be a dispute between the Borough and the public
utility as to the validity of any charge or expense paid from the
escrow established under this section, notice of such must be provided
by the public utility to the Borough Treasurer within 30 days of the
date that the public utility receives notice of the charge or expense
which is disputed. Any dispute shall be resolved by the Borough Council
in its sole discretion.
[Amended 5-27-1997 by Ord. No. 513]
A.
The Borough Clerk shall receive all applications, fees and bonds
hereunder.
B.
The Superintendent of Public Works shall be the agent and representative
of the borough to:
(1)
Inspect the sites of the proposed openings and trenches.
(2)
Inspect openings or trenches, warning guards, barricades, signs and
lights maintained or to be maintained at the respective sites by the
permittee.
(3)
Inspect the closing of openings or trenches and the restoration of
public roads, streets or highways.
(4)
Notify the permittee or the borough, or both, of any failure, refusal
or neglect on the part of permittee or his employees or representatives
to comply herewith.
(5)
Make complaint of and prosecute for and on behalf of the borough
any offense under this Article.
(6)
Administer the provisions of this Article for and on behalf and in
the name of this borough under the direction of and for the Borough
Council.
(7)
Inspect the trench opening at the end of the maintenance period and
report any discrepancies. Upon receipt of a favorable report with
respect to the condition of the trench opening from the Superintendent
of Public Works, the Borough Council shall direct the Borough Clerk
to discharge the maintenance bond or return the cash deposit, as the
case may be.
Nothing in this Article shall be understood or construed by
any permittee or other person to absolve any permittee or his employees,
agents or contractors of any responsibility for any damage done to
any person or property in opening or digging a trench in any public
road, street or highway.
Any person violating or failing to comply with any of the provisions
of this Article shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, in the discretion
of the Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
