[Adopted 7-8-2019 by Ord. No. O-19-10[1]]
[1]
Editor's Note: This ordinance also superseded former Art. I, Street Encroachments and Openings, adopted 3-26-1976 by Ord. No. O-76-11, as amended.
The following words shall for the purpose of this article be defined and interpreted to have the following meanings:
APPLICANT
Any person who makes an application for a permit.
CLERK
The Clerk of the Township of Gloucester, in the County of Camden.
EMERGENCY
Any unforeseen circumstance or occurrence which constitutes an immediate danger to any person or property.
ENGINEER
The person duly appointed as the Township Engineer for the Township of Gloucester, in the County of Camden.
OPENING
Any excavation or penetration in the surface of any street that may be made by digging into, breaking into or otherwise opening or disturbing the surface of any street.
PERMIT
An authorization in writing issued by the Clerk to an applicant authorizing the applicant to make an opening in a street.
PERMITTEE
Any person to whom a permit has been issued pursuant to an application as provided for in this article.
PERSON
Any natural person, partnership, firm, association, utility, corporation, authority created pursuant to statute, or other entity or municipal entity. The word "person," when used in connection with any provision of this article prescribing a penalty, shall, as applied to associations and partnerships, mean the members or partners thereof and as applied to corporations shall mean the officers of the corporations.
STREET
Any public street, public easement, public right-of-way, public highway or public road accepted or maintained by the Township of Gloucester, in the County of Camden, or over which the Township may have acquired jurisdiction by agreement.
SUPERINTENDENT OF PUBLIC WORKS
The person duly appointed Superintendent of Public Works or any person authorized to act as his or her representative.
TOWNSHIP
The Township of Gloucester, in the County of Camden.
[Amended 8-26-2019 by Ord. No. O-19-13; 5-29-2024 by Ord. No. O-24-12]
No person shall place or maintain any obstruction, encroachment, or encumbrance in, over, or upon any road, street, avenue, highway, or right-of-way of the Township of Gloucester, nor shall any such person use or attempt to use for any private purpose, any part of any road, street, avenue, highway, or right-of-way without first having obtained a permit thereof as hereinafter provided.
No permits 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 except in cases of emergency. Emergencies shall include utility repairs and any other emergency certified by the Township Council, Construction Code Official, the Township Engineer or Public Works Director.
Permits are not transferable from one person or entity to another, and the work shall not be made in any area other than the location specifically designated in the permit.
Every permit shall be set to expire after 90 days from issuance or at the end of the period of time designated in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Clerk a request for an extension of time, setting forth therein the reasons for the requested extension. If such an extension is necessary, and not contrary to the public interest, the permittee may be granted additional time by the Township Clerk for the completion of the work upon recommendation of such extension by the Township Engineer.
A. 
Application for a permit shall be made in duplicate on forms provided by the Township. The application shall state the name of the street proposed to be opened, the exact location of the proposed opening, the length, width and probable depth of the opening, the exact cost of the work, an estimate of the amount of time within which the work will be completed and the street will be restored to a condition as good as it was before commencement of the work, shall be dated and signed by the applicant and shall be accompanied with an application fee in accordance with § 72-4.
B. 
The Clerk shall, within three business days after receipt of the application, forward one copy thereof to the Engineer. The Engineer shall, within five business days after receipt of said application, review the work to be done and either approve or disapprove the application; and if he disapproves shall state his reason or reasons for disapproving in writing. The Engineer shall also make an estimate of the cost of the work to be done and the number of inspections that may be necessary.
C. 
The applicant shall agree to save the Township, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
D. 
The applicant shall furnish a certificate of insurance as required by § 72-10 of this article or, in the case of a public utility or authority, furnish a self-insurer certificate issued by the Security Responsibility Bureau of the Division of Motor Vehicles, Department of Law and Public Safety for the State of New Jersey.
E. 
If it is determined by the Township Engineer and/or Superintendent of Public Works that it is necessary, the applicant shall provide a video or photograph of the proposed opening and surrounding areas to protect the Township and adjoining property owners from damages during construction.
A. 
If the application and plan conform to the requirements of this article, and the work to be performed is in accordance with the current New Jersey State Highway Specifications, and is approved by the Township Engineer and/or Superintendent of Public Works, the Township Clerk shall issue the permit upon receipt of the following:
(1) 
Administration fee: $50 per application.
(2) 
Engineer review fee: $275 per application.
(3) 
Performance and maintenance guaranty: as set forth in Subsection B below.
(4) 
Inspection fee: as set forth in Subsection C below.
B. 
Performance and maintenance guaranty. Prior to the issuance of a permit, the applicant shall deposit a performance and maintenance guaranty as follows:
(1) 
Amount. The amount of the guaranty required will be determined by the Township Engineer and/or Superintendent of Public Works and will be set forth on the latest permit application form at the time of the application submission.
(a) 
For any excavation less than or equal to 36 square feet in surface area, the performance guaranty shall be $1,200, regardless of its location within the right-of-way.
(b) 
For any excavation greater than 36 square feet, the amount shall be computed by the Township Engineer based on the costs for the Township to make the repairs at the wage rates promulgated by the state.
(c) 
An annual blanket bond in the amount of $10,000 may be posted to avoid the inconvenience and expense of obtaining individual bonds for each permit requested.
(2) 
Form. The form of the guaranty shall be subject to the review and approval of the Township Attorney and shall be issued by an institution authorized to transact business in the State of New Jersey.
(3) 
Maintenance. The guaranty shall encompass a maintenance guaranty 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 guaranty will be returned subject to a maintenance guaranty of 50% of the performance guaranty amount being posted. The maintenance guaranty shall remain in effect for a two-year period of time. The guaranty shall be released to the permit holder upon satisfactory completion of all restoration and repairs during the two-year maintenance. The maintenance period shall commence after final inspection of the work performed under the permit and the acceptance of the work by the Township.
(4) 
Utilities. For all utilities under the jurisdiction of the Board of Public Utilities, a blanket corporate bond acceptable to the Township Attorney in the amount of $25,000 may be deposited with the Township in full force and effect in lieu of a separate bond for each required permit as surety for the performance and maintenance period. The 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.
C. 
Inspection fees. Prior to the issuance of a permit, the applicant shall make a deposit for inspection fees in an amount to be determined by the Township Engineer and/or Superintendent of Public Works.
(1) 
The amount shall be calculated at 5% of the total site improvement cost, including excavation and restoration or based on the number of hours spent by the Township Engineer and/or Superintendent of Public Works to inspect the work covered under the permit, computed at his/her hourly rate, whichever is greater.
(2) 
In no case shall the amount of inspection escrow be less than $500. This minimum amount shalt be paid on a lump-sum basis.
(3) 
Inspection escrows greater than $500 will be paid on a time-and-material basis, and any remaining escrow shall be returned to the applicant.
A. 
The permittee shall commence the work within 30 days' time after issuance of the permit and shall continue the work without unnecessary interruption during all usual working hours that weather conditions permit so as to reduce to a minimum the period of time the street is obstructed and to complete the work within a reasonable time and without unnecessary delay.
B. 
A minimum of 24 hours' notice to the Township Engineer's Inspector and the Superintendent of Public Works shall be given prior to the commencement of work except in cases of emergency as provided in § 72-7. Five calendar days' notice is required for openings which require traffic detours.
C. 
If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project or subsurface installations, including utilities, in the vicinity of the proposed opening, the permittee shall be required to submit evidence in affidavit form that notices were served on the owners and occupants of such properties 50 feet adjacent to the subsurface installation, by door hanger, personally, or by certified mail, return receipt requested, at least three business days prior to the commencement of the work.
D. 
The permittee shall display the permit at all times while the work is in progress at a place clearly visible from the location of the work.
E. 
The permittee shall guard against damages or injury from any obstructions and excavations by the erection of suitable barriers with warning signs by day to be supplemented by warning lights at night.
F. 
No openings shall be done on weekends, Township holidays, or outside the normal working hours of 7:30 a.m. to 4:00 p.m. without the written permission of the Township Engineer and/or Superintendent of Public Works unless in case of emergency. Failure to provide notice as required under § 72-5B and C may result in revocation of the permit and issuance of a stop-work order. If special conditions require work on the weekend, nights or Township holidays, the permittee shall obtain written approval of the Township Engineer and/or Superintendent of Public Works for all overtime costs incurred for inspection of work.
G. 
The permittee shall make only 1/2 of any excavation that extends across the full width of the street at any one time and shall properly backfill the excavated half in accordance with the provisions of this article before the other half of the street is opened, so as to minimize the interference with traffic.
H. 
The permittee shall, if reasonably possible, avoid the necessity of an excavation across a street by making an excavation on either side of the street and driving a pipe under the street from one excavation to the other so as not to disturb the pavement or surface of the street, but the permittee shall not tunnel under the paved portion of any street, and any tunneling under a street shall constitute an unlawful act and a violation of this article.
A. 
The permittee shall remove and dispose of all surplus excavation materials and debris.
B. 
The permittee shall make all backfills with clear stone dust or bank-run gravel with no stones larger than three inches in diameter. All backfill shall be placed in layers of not more than 12 inches at one time and shall be moistened and thoroughly compacted before placing the next layer of backfill.
C. 
No person to whom a permit has been granted shall perform any work in any amount or quantity greater than that specified in the permit, except that, upon the approval of the Township Engineer and/or Superintendent of Public Works, additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit deposited in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
D. 
All nonferrous material shall contain a wire or detection device to accurately determine the location after installation.
E. 
Final paving.
(1) 
Final paving is to comply with the requirements in the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction 2007, as amended by the latest addendum of the NJDOT, herein referred to as NJDOT Standard Specifications. A lesser specification may be allowed after review by the Township Engineer and/or Superintendent of Public Works.
(2) 
Surface restoration.
(a) 
No permittee shall commence final restoration until the Township Engineer and/or Superintendent of Public Works has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
(b) 
The street surface shall be permanently restored 12 inches beyond the excavation on all sides by milling the surface surrounding the excavation to a depth of two inches to extend the surface course restoration. The permanent restoration shall consist of a minimum of six inches of dense graded aggregate, four inches of bituminous stabilized base course and two inches of FABC-1 surface course applied with appropriate tack coat to the adjacent pavement surface or a pavement cross section consistent to the existing pavement section.
(c) 
At the discretion of the Township Engineer and/or Superintendent of Public Works, the surface restoration shall extend the whole width of the travel lane.
(d) 
For road openings down the center of the cartway, at the discretion of the Township Engineer and/or Superintendent of Public Works, surface restoration shall extend across the full width of the paved road (both travel lanes). If more than two individual excavations would be required within a 100-foot length, a single trench must be used rather than individual excavations. If more than one excavation or trench would occur within a 100-foot length, the applicant will be required to mill the existing roadway to a depth of two inches extended 10 feet beyond the extreme limits of trenches and install a two-inch-thick lift of bituminous concrete surface course, Mix 1-5 equivalent as approved by the Township Engineer, for the entire length from curbline to curbline and/or as approved by the Township Engineer and Township Public Works Director.
[Amended 10-24-2022 by Ord. No. O-22-16]
(e) 
The permittee is responsible for the full restoration of the roadway surface, including restriping, installation of raised pavement markings, speed humps and signage.
(f) 
Any concrete sidewalks disturbed, damaged or disrupted during the excavation or trench opening shall be replaced with concrete sidewalks conforming to all applicable standards of the Township of Gloucester. In the case of exposed aggregate or other decorative sidewalk, the contractor shall duplicate as close as possible the existing condition.
(g) 
Where concrete curbing and/or gutters are disturbed, damaged or removed, curbing and gutters of the exact configuration as the existing shall be constructed. Concrete shall be Portland cement concrete, air-entrained, conforming to the NJDOT Standard Specifications for Class B concrete and shall have a minimum compressive strength of 4,000 pounds per square inch after 28 days.
(h) 
All topsoiled, seeded or otherwise unpaved areas disturbed in the course of the work shall be topsoiled with a minimum thickness of not less than four inches of loam-type topsoil. Fertilizer, lime and other soil conditioners needed to promote the proper growth of grass shall be incorporated and thoroughly worked into the topsoil. Seed or sod of species suitable for growth in the location and environment, and conforming to the requirements of the NJDOT Standard Specifications, shall be placed in all unpaved areas.
(i) 
All gravel shoulder areas disturbed during excavation or trench opening shall be restored and graded to provide and maintain the proper flow of drainage and to provide adequate lateral support of the abutting pavement structure. The gravel material shall be soil aggregate, Type I-6, conforming to the requirements of NJDOT Standard Specifications Section 901. The soil aggregate or gravel shall be a minimum thickness of not less than eight inches compacted thickness.
(j) 
All concrete drive aprons disturbed during the course of excavation or trench opening shall be replaced in accordance with all applicable standards for concrete drive aprons, as set forth in the Gloucester Township ordinances, and shall be constructed of portland cement concrete, air entrained, Class B concrete, having a twenty-eight-day compressive strength of 4,000 pounds per square inch and a minimum concrete thickness of six inches.
(k) 
Unless this requirement is waived at the time of approval, all restoration of roadway joints are to be thermally fused.
(l) 
In the event of the failure to restore the street opening properly within a reasonable time after the opening has been made or to maintain the restored street properly for a period of two years from the date of the aforesaid certificate of proper restoration, the Township may, upon five days' notice to the person receiving the permit, undertake the restoration or maintenance work and have recourse to deposit for compensation.
F. 
Temporary paving. The permittee shall immediately, after completing the work, refill, properly tamp and restore the excavation or opening with a temporary paving cover as follows: 10 inches of compacted gravel (Type 5A) in all areas and two inches of approved bituminous temporary patch material (cold patch) in paved cartways. The temporary paving cover shall be left in place and maintained by the applicant for a minimum of 90 days and a maximum of 120 days, after which the temporary paving cover and required portion of compacted gravel shall be removed and replaced with the final paving required by the Township Engineer and/or Superintendent of Public Works. Improvements to the temporary paving that are deemed necessary due to settlement prior to approval for final paving shall reset the minimum number of days for temporary paving to be maintained by the permittee to 60 days from the date of repair.
G. 
Unless written permission is obtained from the Township Engineer and/or Superintendent of Public Works, no permittee shall be allowed permission to cut, break into, excavate or open a street for a greater distance than 300 feet at one time or keep the same open for a period longer than one week. During the entire period the street is being cut, broken into, excavated or opened by the permittee, there shall be provided by the permittee a space at street level of at least 12 feet in width for the purposes of allowing vehicles free and unimpeded use of the same. In no event shall a permit be valid for a period of time in excess of 135 days after its issuance without the written approval of the Township Engineer and/or Superintendent of Public Works.
H. 
All cuts, breaks, excavations and openings shall conform in size to the application on which the permit is based and shall be performed in neat, even and rectangular sections. All excavations are to be protected in accordance with applicable local, state, and federal requirements.
I. 
If, in the opinion of the Township Engineer and/or Superintendent of Public Works, any cut, excavation or opening would be dangerous if left exposed, the permittee shall erect a suitable barrier or railing around the same in such manner as to prevent danger to pedestrians or vehicles and place upon such barrier or railing and upon any building materials and appliances suitable and sufficient warning lights during the period of darkness. In any event, suitable and sufficient warning lights shall be maintained by the permittee during periods of darkness in the vicinity of the cut, excavation or opening. The barriers and lighting shall conform to the Department of Transportation Manual of Uniform Traffic Control Devices and any amendments. In addition to the permittee placing his name and telephone number where he can be reached at all times on the barriers, the permittee shall also notify the Superintendent of Public Works and local municipal authority of the condition of the unfinished excavation and furnish the above with his name and telephone number where he can be reached at all times.
In the event of any emergency, and with the approval of the Superintendent of Public Works or the Township Engineer, an opening may be made to repair the condition that created the emergency at once and prior to obtaining a permit, but application for a permit must be made as soon as conveniently possible after the opening and commencement of the work.
A. 
Any permit may be revoked by the Township Council, after notice to the permittee for:
(1) 
Violation of any condition of the permit or of any provisions of this article.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
B. 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the permittee or by certified or registered United States mail addressed to the permittee.
C. 
The Township may complete the work and deduct the cost thereof from the amount of the deposit, or recover the cost thereof from the permittee and surety company in case a surety bond has been deposited; and the Township may hold the permittee liable for any additional cost or damages resulting from the permittee's failure to so complete the work.
Any person who violates any of the provisions of this article shall be liable to the Township for any damage resulting to any street, curb, gutter, sidewalk of other Township property and for all expenses incurred by the Township in repairing the damage and repairing or removing the source of the damage, and this liability shall be in addition to the penalty described in § 72-10.2, Violations and penalties.
Each applicant, prior to receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street and shall include protection against liability arising from completed operations for a period of time to be determined by the Township Council. The amount of the insurance shall be $1,000,000 single limit. Public utilities and authorities may be relieved of the obligation of submitting such certificates if they are insured in accordance with the requirements of this article.
A. 
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water or steam to or from the Township or to or from its inhabitants, or for any other purpose, shall file with the Township Engineer within one year after the adoption of this article accurate information showing the as-built location, size and description of all such installations.
B. 
Within 30 days after the first day of January of each and every year, such person shall file with the Township Engineer additional information showing installations, including all those made or abandoned during the previous year; provided, however, that if no additions have been made to its installation during the previous year, a utility or authority may file with the Engineer a written statement to that effect within the period of time specified above. A utility or authority may, at its own option, elect to provide additional information throughout the year as it is available rather than proceed as above noted. The Township Engineer may, however, request additional information periodically as may be necessitated by proposed construction or reconstruction of roadways within the Township.
Any person who violates any provisions of this article shall, upon conviction, be subject to a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.