[Adopted 4-27-2021 by Ord. No. 2021-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Excavations and Openings, adopted 4-30-1974, as amended.
A.
It shall be unlawful for any person to construct, reconstruct, repair, pave or repave any driveway, curb, road, street or any structure intersecting with or entering upon a public road or street in the Township of Hampton which the Township maintains without submitting a detailed construction plan of the same to the Township Road Supervisor and without obtaining his approval, evidenced by a written permit, nor without posting such bond or deposit or other such guaranty against damage to the road or street as set forth in this chapter. The Township Road Supervisor is authorized to review and approve applications for permits in accordance with §§ 88-14 and 88-10.
B.
It shall be unlawful for any person, firm or corporation to make
any excavation in, or tear up the surface of, any road or street in
the Township of Hampton (for the maintenance of which the Township
of Hampton is responsible) for any purpose whatsoever, without a written
permit first had and obtained from the Township of Hampton as hereinafter
provided.
A.
Application must be made, in writing, by the firm, corporation or
persons for a permit for an excavation on any road, the maintenance
of which is chargeable to the Township of Hampton, for any purpose
whatsoever. Said application shall state the purpose of such excavation,
whether for sewer, water, gas, telephone or for any purpose not specified
herein. Permission to make an excavation or tear up the surface of
the road does not carry any right to make sewer, water or gas connections.
A separate permit to make gas, water or sewer connections must be
obtained from the proper officials.
B.
Expiration of permit; extensions. Every permit shall expire at the
end of the period of time which shall be stated in the permit. If
the permittee shall be unable to complete the work within the specified
time, the permittee shall, before expiration of the permit, present,
in writing, to the Township Road Supervisor a request for an extension
of time, setting forth therein the reasons for the requested extension.
If the Township Road Supervisor determines such an extension is necessary
and not contrary to the public interest, the permittee may be granted
additional time for the completion of the work.
C.
Denial of permit. Without limitation, the Township Road Supervisor
may refuse the issuance of a permit if such refusal is in the interest
of public safety, public convenience or public health.
D.
Exemptions. Road excavations required under contracts with the Township
and/or performed by municipal departments are exempt from the requirements
of this article.
E.
Permit conditions and regulations.
(1)
Nontransferability. Every permit shall apply only to the person to
whom it is issued and shall not be transferable.
(2)
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extended, in writing, by the Township Road Supervisor.
(3)
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Township Road Supervisor,
shall be kept in possession of the person actually performing the
work and shall be exhibited on demand for the Township and its representatives
and agents.
(4)
Revocation of permit. The Township may revoke a permit for any of
the following reasons:
(a)
Violation of any provision of this section or any other applicable
rules, regulations, laws or ordinances.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on work under the permit in a manner which endangers
life or property, or which creates a condition which is unhealthy,
unsanitary or declared by any provision of this Code or applicable
law to constitute a nuisance.
indemnification.
A.
No person, firm, corporation or utility shall be granted a permit
to open any street until deposit shall be made to the Township of
Hampton in an amount determined by the Township Road Supervisor to
be sufficient to pay the expenses of repairing and replacing such
public road or street surface, which work shall be performed and paid
for by the person, firm or corporation obtaining the permit to the
satisfaction of the Township Road Supervisor. The amount deemed sufficient
to pay the expenses of repairing and replacing the surface of said
public road or street shall in no case be less than $1,000, whenever
the pavement is to be opened or a trench is to be dug longitudinally
or laterally, nor less than $150 otherwise; and, subject to the Township
Road Supervisor's authority to set the required payment higher than
listed herein and/or below when in his/her opinion costs will exceed
the stipulated amounts, shall include the following minimum charges:
B.
Funds collected by the Township from an applicant per § 88-3A which shall be unused for work and maintenance after the passage of one year from completion of applicant's project shall be returned on applicant's written request. Any such funds left on deposit more than five years after completion of applicant's project shall be forfeited and deposited in the general treasury of the Township of Hampton.
C.
In lieu of making the payment as provided for in § 88-3A, any person, firm or corporation may file a bond, satisfactory to the Township in form, amount and surety, with the Township Clerk, which bond shall be conditioned on repairing any such opening or openings in the manner required herein to the satisfaction of the Township Road Supervisor. The work shall be performed and paid for by the person, firm or corporation obtaining the permit. The bond shall also remain in effect as a maintenance bond for a period of one year after completion of the restoration of the existing materials. Said bond shall, by its terms, provide for payment of any damages by or from the acts of the applicant, its agents, servants or subcontractors and save the Township of Hampton harmless from damages sustained by any persons or property as a result directly or indirectly of the work performed under the permit. Public utility corporations of the State of New Jersey may file a corporate bond on a yearly basis in the amount of $5,000 in lieu of cash or construction bonds. The filing of a bond shall not relieve any person, firm or corporation of the necessity of securing a permit and complying with all of the terms and conditions of this chapter. The cash payment and/or bond shall also guarantee that the applicant will pave the driveway for a distance of 25 feet from its intersection with the Township street or road in accordance with the specifications of this chapter. If the applicant fails to install this pavement within one year after the date of the driveway permit, the Township may use the deposit and/or bond and install the pavement. The applicant shall be liable for the excess cost, if any.
D.
The application fee for the permits herein specified shall be $50 per each section of road disturbed by the road opening which shall be paid on submission of the application together with the payment and/or bond required per Subsections A and C hereof. In addition, the following fee must be submitted with each application for a permit to open a newly paved road: $500 for a road paved one year or less, $300 for a road paved for more than one year but less than two years, and $100 for a road paved for more than two years but less than three years. Said periods of time shall be calculated from the date the new pavement was accepted as complete by the Township.
E.
A fee of $25 shall be paid to the Township Clerk for the issuance of a driveway permit under § 88-14.
F.
If the Township Road Supervisor requires a review by the Township
Engineer of an application submitted per this article or with regard
to a driveway permit, the Township Engineer shall review the application
and rule on it. If the Township Engineer reviews the application,
the applicant shall post an initial escrow fee with the Township Clerk
in the amount of $150 and shall reimburse the Township in full for
the cost of the review.
G.
Insurance requirements. No applicant shall be granted a permit to
open any road unless the applicant shall furnish a certificate of
insurance from a responsible insurance company authorized to do business
in New Jersey, to be filed with the Township Clerk, showing that the
applicant is adequately insured against liability and property damage
claims. The minimum amount of such comprehensive public liability
insurance shall be $1,000,000 for each claim for bodily injury, $3,000,000
for multiple claims for bodily injury arising from a single accident
and $500,000 for property damage for a single accident. Such insurance
shall remain in full force and effect throughout the effective period
of the permit as well as any authorized extensions thereof; all such
insurance shall carry an endorsement to the effect that the insurance
company will provide at least 10 days' written notice to the Township
prior to any modification or policy cancellation. The Township shall
be named as additional insured on all such insurance certificates
or the certificate shall contain adequate cross-indemnification provisions
in favor of the Township. Failure by the Township to enforce the requirements
of this subsection will not void a permittee's obligation to comply
with said requirements nor relieve a permittee of any other obligations.
In lieu of filing a certificate of insurance as provided herein, a
public utility or governmental agency may file with the Township Clerk
a proper certification that it is qualified as a self-insurer pursuant
to law.
H.
Hold harmless and indemnification. In consideration of being granted
a permit, the permittee is deemed to agree to hold harmless and indemnify
the Township, its employees, agents and representatives from and against
all damage, harm, injury, death, expense, cost, loss, claim, dispute,
suit and attorney's fees resulting from the negligence, acts and/or
omissions of the permittee, its contractors, subcontractors, employees,
agents and/or representatives in connection with or in the course
of designing, planning, performing and concluding the project in question.
I.
Guarantee against defects. The permittee shall be responsible for
and guarantee all such work and replacement thereof against all defects
of workmanship and materials for a period of three years from the
date of permanent replacement. If a permittee shall fail to perform
any corrective or restorative work on demand of the Township or if
the work is not completed within the time specified in the permit
or any extension granted by the Township, or is not performed in accordance
with the requirements set forth in this article and otherwise by the
Township, then the Township may have the work completed and the surface
of the street restored, whereupon the cost of completing the work
and restoring the street shall be charged to the permittee and may
be deducted from the deposit, charged against any applicable bond
and/or recovered by an action in any court of competent jurisdiction.
It shall be the duty of the permittee to properly guard any
excavation or storage piles by the erection of suitable barriers by
day and lights by night or warning signs and watchmen, if deemed necessary
by the Township Road Supervisor or other designated person. The permittee
shall be liable for any neglect to safeguard the traveling public.
If the excavation is to extend the full width of the road, only 1/2
of the road shall be excavated at one time, and such excavation shall
be backfilled before the other 1/2 is excavated, so as not to interfere
with traffic. In any other case, there shall at all times be maintained
a carriageway of at least 18 feet in width. All work shall be done
in such a manner as to cause a minimum of interference with travel
on the street affected. No street shall be closed to traffic unless
the closing is approved by the Township. The Township Road Supervisor
shall be informed of all street closings at least 24 hours in advance,
except where the work is of an emergency nature, in which case notice
shall be given to the Road Supervisor when work commences. All refuse
and material shall be removed within 48 hours. The requirements of
this section shall not excuse the permittee from taking other precautions
as reasonably necessary for the protection of persons and property.
A.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means by the permittee
in a manner prescribed by the Township Road Supervisor or other designated
person. Where the Township Road Supervisor determines that the excavated
material is unsuitable for backfill, the permittee shall backfill
the excavation with sand, soft coal, cinders or other suitable material
which shall be placed in layers not exceeding six inches in depth
and thoroughly compacted in the manner prescribed by the Township.
Upon completion of the work, the permittee shall remove any excess
material and leave the premises in a clean condition. If the Township
determines that any backfilled excavation has settled or caved in,
it shall notify the permittee who shall promptly continue backfilling
until the Township determines settlement is complete. If tunneling
operations are required, the tunnel shall be backfilled in accordance
with the requirements of the Township. If blasting is required to
be done in the course of any excavation, it shall be done in strict
compliance with all applicable state laws and regulations.
B.
The surface of any Township road and any pavement or flagging taken
up by the permittee in its construction work shall be restored at
the permittee's expense to as good or better condition as it was before
the commencement of the work thereon and shall be maintained at the
expense of the permittee in said condition for one year after the
completion of same; and no road shall be encumbered for a longer period
than shall be necessary to execute the work. In all cases, the permittee
shall restore the surface in accordance with the following requirements:
(1)
No permittee shall commence the restoration of any street foundation
or surface until the Township has determined that settlement of the
subsurface is complete and the area properly prepared for restoration.
During the settlement period, the permittee shall keep the trench
filled to the level of pavement.
(2)
The permittee shall be required to replace the permanent pavement when ordered to do so by the Township within a period of three months following the completion of construction, should any additional settlement occur. If the permittee does not replace the permanent pavement to the satisfaction of the Township, the permittee shall be required to pay the Township the cost of making said repair, but not less than $150 for each time such repair is made. If payment to the Township is not made at the time of repair by the Township, the Township may satisfy payment, plus any additional fees, through the provisions of § 88-3.
(3)
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides. For longitudinal trenches, the roadway
shall be milled from the shoulder to the centerline of the road. Road
striping shall be repainted by the permittee where striping is removed
by the milling process.
(4)
The street surface shall be restored to the satisfaction of the Township.
The Township Road Supervisor or other designated person is charged
with the enforcement of all the provisions of this article and is
the agent acting for the Township Committee of the Township of Hampton.
A.
Liability for damages. Any person violating a provision of this article
which results in damage to or obstruction of any public road, gutter,
storm drain, ditch, basin, inlet or culvert shall be responsible for
all expenses incurred by the Township in repairing such damage or
removing the construction, in addition to the penalties herein provided.
B.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not more than $2,000 or imprisonment for a term not to exceed 90
days, or both. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
