[Adopted 6-26-1997 by Ord. No. 97-24]
No person, firm, partnership, corporation, utility, quasi-public body or other entity shall improve an unimproved public road, street, highway or thoroughfare of the Township of Lacey nor direct or cause any employee, agent or contractor of such person, firm, partnership, corporation, utility, quasi-public body or other entity to improve any unimproved street, highway, road or thoroughfare of the Township of Lacey until a written permit for such improvement has been duly issued by the Director/Superintendent of Public Works of the Township of Lacey.
Application for all permits to improve any unimproved public road, highway, street or thoroughfare of the Township of Lacey shall be made on the forms provided by the Lacey Township Department of Public Works and submitted to the Superintendent/Director of the Department of Public Works. Accompanying all applications shall be the following:
A clearly and legibly drawn plan and profile and a typical cross section of the proposed road, highway, street or thoroughfare showing storm and sewers and appurtenances, water mains, gas mains, bridges, major tree growths and showing connections to existing or proposed utilities, all meeting the requirements of the Township Engineer.
A certificate of liability insurance indemnifying and holding harmless the Township of Lacey from any liability arising from the installation of the improvements.
An application form.
In the case of roadway improvements in which traffic detours are required, the applicant must comply with the requirements of § 293-31A(7) herein.
A written schedule of operations indicating the anticipated dates of street openings and excavations and restoration work required to connect proposed utilities to existing utilities in existing improved streets.
A written statement by the permittee describing in detail where any and all excavated materials shall be disposed of and written documentation that the proposed location for disposal is a location with all necessary governmental approvals for this purpose and, in particular, if said location is a landfill, proof that said landfill is registered and licensed to accept such material.
The applicant shall provide proof of approval of the Lacey Municipal Utilities Authority indicating the acceptability of the proposed improvements.
Permittee. The permit shall be issued jointly in the name of the contractor actually performing the work and the person, firm, partnership, corporation or other entity for whom the work is to be performed. It shall be understood that the Township of Lacey shall hold equally liable and responsible both the contractor actually performing the work and the entity for whom the work is performed regarding all restoration, maintenance of traffic, protection of public safety, repair of defective improvements and all else related to the street improvement.
Permit. A copy of the permit shall be available at the work location during all periods of construction and shall be provided for inspection upon demand.
The following schedule of fees is hereby fixed, determined and established as being the fees to be paid to the Township of Lacey for the issuance of all road improvement permits. Should any additional cost be incurred by the Township of Lacey due to the permittee's operations or negligence, including administrative, engineering, inspection and legal costs, the permittee shall reimburse the Township for all costs incurred.
Administrative fee. Each permittee at the time of submitting a permit application shall submit a nonrefundable administrative fee of $100.
Escrow deposits. The permittee shall, in addition to the administrative fee set forth in § 293-27A(1), at the time of filing an application for road improvement, post escrow deposits to cover the expenses of the Township in conjunction with the review of the application and plans by the Township Engineer. An inspection escrow deposit shall be required to be deposited upon receipt of the permit to cover the cost of inspection of the actual construction by the Township Engineer.
Inspection fees. Inspection fees shall be estimated for the purpose of the escrow deposit to be 5% of the estimated construction cost as determined by the Township Engineer during the review process.
Purpose of escrows. Escrow deposits are intended to cover the entire cost of review by the Township Engineer. This chapter estimates the total cost of review of a road improvement application and the inspection of the construction of the improvement; however, the applicant is responsible for any and all professional fees associated with the application and construction process.
Disposition of fees. All fees set forth in § 293-27A herein shall be payable to the Township of Lacey. Due to the potentially large range of complexity of improving an unimproved road, all escrow deposits shall be considered an estimate of the costs to be incurred. Should costs above those estimated be incurred either in the review of the application or inspection of the construction, the applicant will be responsible for the replenishment of the escrow to cover the excess costs. Upon completion of the construction and acceptance of the maintenance guaranty by the Township, any excess escrow moneys shall be returned to the applicant upon receipt of a written request for the same.
Each applicant for a permit for the improvement of an unimproved street shall post, prior to issuance of any permit for the improvement of any road, a performance guaranty insuring property and satisfactory completion of all required improvements in strict accordance with the specifications set forth herein. The amount of the performance guaranty shall be estimated by the Director/Superintendent of Public Works and shall be based upon the estimated cost of the proposed improvements.
The performance guaranty shall be posted with the Lacey Township Chief Financial Officer and shall be in any of the forms indicated herein:
Certified check drawn payable to the Township of Lacey and drawn on a New Jersey bank.
Letter of credit drawn in favor of the Township of Lacey and issued by a New Jersey fiduciary institution. The letter of credit shall be subject to the review and approval of the Township Attorney for form prior to its acceptance.
Surety bond issued by a surety company licensed by the State of New Jersey. Evidence shall be submitted as to the solvency of the bonding company issuing the bond. The bond shall be executed by the permittee as principal herein, and the surety company shall be the surety therein.
Maintenance guaranty. Upon completion of the improvements to the satisfaction of the Lacey Township Director/Superintendent of Public Works of the public road, street, highway or thoroughfare, in accordance with all standards set forth herein, a maintenance guaranty shall be posted by the permittee. The maintenance bond shall be in one of the three forms set forth in § 293-28B. The maintenance guaranty shall be in an amount equal to 50% of the performance guaranty amount and shall remain in force for a period of not less than two years from the date of acceptance of the permanent pavement restoration by the Township Public Works Director/Superintendent.
Release of guaranties; performance guaranties. Performance guaranties shall be released upon satisfaction of the following conditions:
Approval of the Lacey Township Public Works Director/Superintendent of all road improvements in accordance with the standards set forth herein.
Posting of an acceptable maintenance guaranty conforming to the requirements set forth in § 293-28C herein.
Proof that any and all excavated material has been disposed of in a legally acceptable and approved manner in accordance with the permittee's application submission.
In addition to the inspection fee escrow deposits required by § 293-4, the developer or applicant, upon submitting a performance or maintenance guaranty for review or when applying for a reduction or release of any performance or maintenance guaranty, shall include with said submission or application the following escrow deposits: $150 for any engineering inspection required by the Township Engineer, and $300 for any legal costs incurred to review any performance or maintenance guaranty and prepare any necessary Township resolution in connection with the application.
[Added 4-27-2000 by Ord. No. 00-17]
All improvements to roads, streets, highways or thoroughfares in the Township of Lacey shall conform to the current standards and requirements of Article VI, Design Standards and Requirements, Chapter 297, Subdivision of Land, of the Code of the Township of Lacey. These improvements shall also conform to the extent required with any uniform residential site improvement standards included in N.J.A.C. 5:21-1.1 et seq.
Should the applicant propose any deviations from the requirements of Article VI, Design Standards and Requirements, Chapter 297, Subdivision of Land, of the Code of the Township of Lacey, or from any uniform design standards proposed pursuant to N.J.A.C. 5:21-1.1 et seq., the applicant may submit a waiver application to the Lacey Township Planning Board or an application for an exception to the Lacey Township Planning Board pursuant to the provisions of N.J.A.C. 5:21-3.1, if it is necessary for the applicant to obtain an exception from the uniform site improvement standards.
All methods of construction and construction practices employed in the opening of trenches, digging in streets, backfilling, compacting and restoration of pavements shall be in strict compliance with the requirements set forth herein, with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision, or as otherwise directed by the Director/Superintendent of Public Works.
The permittee shall bear all responsibility for ensuring traffic safety and safety to the public in the work area at all times. The permittee shall also be responsible for maintaining proper traffic circulation throughout the work area. The permittee shall ensure compliance with all provisions herein or as otherwise directed by either the Director/Superintendent or the Police Department.
Barricades; warning devices; traffic control devices.
All barricades, signs, flasher units, cones, traffic warning and direction devices, barrel delineators and all other devices employed in traffic control, warning and direction in and around the work area shall be in strict compliance with all requirements set forth in the Manual for Uniform Traffic Control Devices, including design, placement and maintenance.
It shall be the responsibility of the permittee to erect and maintain at all times all required barricades, signs, warning devices and all other items as required to maintain traffic safety and circulation and public safety and convenience.
Flashers, reflective devices and other items required to ensure visibility of the trench or work area in hours of darkness shall be provided in strict compliance with all requirements set forth in the Manual of Uniform Traffic Control Devices.
Maintenance and emergency situations. The permittee shall provide to the Director/Superintendent and to the Lacey Township Police Department the names and telephone numbers of responsible individuals who can be contacted on a twenty-four-hour-a-day, seven-day-per-week basis to respond to an emergency involving the trench or street opening and to replace or repair any defective, nonfunctioning, vandalized, stolen, damaged or otherwise ineffective barrier, warning device, flasher, sign, barricade or other device as required to repair or cause to be repaired any trench restoration failure or unsafe condition.
Manholes, inlet castings, valve boxes. Should it be necessary to allow, for any period of time whatsoever, a manhole casting, storm drainage inlet casting, valve box, traffic signal detector plates or other appurtenances in the roadway, shoulder or sidewalk area to remain above the elevation of the surrounding pavement, ground or sidewalk, barricades, barrel delineators or other suitable devices provided with flasher units shall be placed over the appurtenance and shall be secured to prevent toppling or unauthorized removal or tampering but shall conform with all applicable requirements of the Manual of Uniform Traffic Control Devices for breakaway in the event of vehicle collisions. If, in the opinion of the Director/Superintendent, temporary pavement can be placed around the appurtenance to alleviate the unsafe condition, the permittee shall be required to place such temporary pavement in accordance with all requirements specified here and to properly remove such pavement when the appurtenance has been set to proper grade.
Temporary crossings, road plates. Should the permittee propose the use of road plates or other temporary bridging, the specific approval for such items must be obtained, in writing, from the Director/Superintendent.
Detours. No detours shall be implemented unless specific written approval has been granted by the Director/Superintendent and the Township Police Department. Prior to implementation or approval of any detour, the permittee must submit a specific application to the Director/Superintendent and Police Department. Such application shall include the following submissions:
Six copies of a detour plan indicating the following information:
Location of detour indicating street from which traffic is to be detoured and streets of alternate route.
Alternate route location.
Signing plan indicating the location of all signs and details of all signs, including advance warning signs, traffic direction signs and barricades.
Placement of uniformed traffic control officers. Locations of all traffic control officers conforming to the requirements herein.
Written narrative of detour plan indicating route of detour, length of time detour is to remain in effect, traffic control measures and means to provide access to all residences and businesses within detour area.
Evidence of notification of all agencies, including but not limited to:
Volunteer fire company service district in which detour is located.
First aid squad serving district in which the detour is located.
Board of Education Transportation Coordinator and Superintendent of Schools.
All other agencies as may be directed by the Public Works Department.
Application for detour approval must be submitted 30 days in advance of the date of implementation of the detour. A waiver of this requirement may be permitted if, by determination of the Director/Superintendent, a bona fide emergency condition exists.
Uniformed traffic control directors. Where the need for traffic control directors or flagmen is indicated, all personnel shall be uniformed and shall have satisfactorily completed an approved traffic control and traffic direction course. All traffic control directors shall be equipped with all required flags, safety attire and communication equipment as required by the Manual of Uniform Traffic Control Devices and the State of New Jersey. All traffic control directors shall be subject to the approval of the Lacey Township Chief of Police.
Any person, firm, corporation, utility, quasi-public body or other entity granted a permit by the Township of Lacey to improve a street, road, highway or public thoroughfare of the Township of Lacey shall accept, as conditions of the granting of the permit, the following responsibilities:
Assume all liability and responsibility arising from the installation of improvements covered by the permit, including liability arising from any opening, construction operations, traffic safety and control and restoration, holding the Township of Lacey harmless from all liability and litigation.
Comply with all requirements set forth herein or as otherwise directed by the Director/Superintendent of Public Works.
Provide the Director/Superintendent of Public Works for the Township of Lacey with a minimum of two working days' notice in advance of commencement of street-opening work.
Notify all utilities or other entitles of the street-opening work as required by New Jersey Law.
Protect the health, safety and welfare of the public at all times by employing all required traffic safety devices, warning devices and other items required to maintain traffic safety and circulation.
Prevent to the fullest extent possible the inconvenience to the public due to road-opening work and maintain at all times safe and efficient traffic circulation around the work.
Provide and maintain proper liability insurance coverage for work operations protecting and holding the Township of Lacey harmless from all suits arising from the road opening.
Provide and maintain safe working conditions for all personnel and provide adequate workers' compensation insurance, holding the Township harmless and protected from all suits arising from injuries sustained by personnel in the course of the permittee's operations.
Maintain proper barricades, signs, warning devices and all other traffic safety devices at all times.
Obey all instructions issued regarding the permit issued by the Director/Superintendent of Public Works.
Post all required maintenance guaranties as required and repair any defects or failures in the restoration during the period covered by the maintenance guaranty.
All work shall be subject to the inspection by the Township Department of Public Works Director/Superintendent or his agent designate. The Director/Superintendent of Public Works shall reserve the right to inspect all work relating to the street improvement, including but not limited to excavation, backfill, bedding, pavement restoration, restoration maintenance and traffic control and safety measures. If, in the opinion of the Public Works Director/Superintendent, the permittee is not complying with all requirements set forth herein, or as otherwise directed or that the permittee has failed to maintain safe conditions in the work area creating a hazard to both the public and/or personnel, the Public Works Director/Superintendent shall reserve the right to revoke the permit and require the permittee to cease work for which the permit and street improvement is intended until such noncompliances have been rectified to his satisfaction.
All street improvements shall be subject to the review and approval by the Director/Superintendent of Public Works. No improvement shall be considered to be complete or accepted until approved by the Director/Superintendent of Public Works. Once approved by the Director/Superintendent, notification will be given to the permittee. Release of the performance guaranty will not be authorized until satisfactory posting or acceptance of the maintenance guaranty conforming to the requirements set forth in § 293-28 herein.
The permittee shall solely be liable and responsible for any damages, injuries or claims resulting from the street improvement or in any connection related to the permit, the permittee's operations and actions. Nothing in this article shall be understood or construed by any permittee or other person as to absolve any permittee, his employees, agents or contractors of any responsibility for any damage or injuries suffered by any person or property in improving any public road, street, highway or thoroughfare.
The permittee shall post with the Director/Superintendent of Public Works a certificate of public liability insurance providing a minimum umbrella or comprehensive coverage limit of not less than $1,000,000 for injuries, including wrongful death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and property damage insurance in an amount of not less than $250,000 for damage to property for each and every accident.
The above policies for public liability and property damage insurance must be so written as to include contingent liability and contingent property damage insurance to protect the Township and/or its agent against claims arising from the operation of the permittee's contractors, subcontractors or agents.
The permittee shall provide to the Township indemnification against any liability or suits arising from the permittee's operations and the street opening or any work in connection hereof, and the permittee shall protect and hold harmless the Township of Lacey, its officers, its employees and its agents against any claims arising from the permittee's operations and the street improvement or any related work.
Any person, firm, corporation, partnership, utility, quasi-public body or other entity violating or g to comply with any of the provisions of this article shall, upon conviction thereof, be subject to punishment by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days and/or by a period of community service not exceeding 90 days, in the discretion of the Judge. The continuation of such violation shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided for each separate offense.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
This article shall take effect after the second reading and publication as required by law.