[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.
Application submissions.
(1)
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.
(2)
A certificate of liability insurance indemnifying and
holding harmless the Township of Lacey from any liability arising from the
installation of the improvements.
(4)
An application form.
(6)
In the case of roadway improvements in which traffic detours are required, the applicant must comply with the requirements of § 293-31A(7) herein.
(7)
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.
(8)
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.
(9)
The applicant shall provide proof of approval of the
Lacey Municipal Utilities Authority indicating the acceptability of the proposed
improvements.
B.
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.
C.
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.
A.
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.
(1)
Administrative fee. Each permittee at the time of submitting
a permit application shall submit a nonrefundable administrative fee of $100.
(2)
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.
(b)
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.
(c)
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.
B.
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.
A.
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.
B.
The performance guaranty shall be posted with the Lacey
Township Chief Financial Officer and shall be in any of the forms indicated
herein:
(1)
Certified check drawn payable to the Township of Lacey
and drawn on a New Jersey bank.
(2)
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.
(3)
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.
C.
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.
D.
Release of guaranties; performance guaranties. Performance
guaranties shall be released upon satisfaction of the following conditions:
(1)
Approval of the Lacey Township Public Works Director/Superintendent
of all road improvements in accordance with the standards set forth herein.
(2)
Posting of an acceptable maintenance guaranty conforming to the requirements set forth in § 293-28C herein.
(3)
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.
E.
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]
A.
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.
B.
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.
A.
Barricades; warning devices; traffic control devices.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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:
(a)
Six copies of a detour plan indicating the following
information:
[1]
Location of detour indicating street from which traffic
is to be detoured and streets of alternate route.
[2]
Alternate route location.
[3]
Signing plan indicating the location of all signs and
details of all signs, including advance warning signs, traffic direction signs
and barricades.
[4]
Placement of uniformed traffic control officers. Locations
of all traffic control officers conforming to the requirements herein.
[5]
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.
[6]
Evidence of notification of all agencies, including but
not limited to:
[a]
Volunteer fire company service district in which detour
is located.
[b]
First aid squad serving district in which the detour
is located.
[c]
Board of Education Transportation Coordinator and Superintendent
of Schools.
[d]
Township Clerk.
[e]
Township Administrator.
[f]
All other agencies as may be directed by the Public Works
Department.
B.
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.
C.
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:
A.
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.
B.
Comply with all requirements set forth herein or as otherwise
directed by the Director/Superintendent of Public Works.
C.
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.
D.
Notify all utilities or other entitles of the street-opening
work as required by New Jersey Law.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Maintain proper barricades, signs, warning devices and
all other traffic safety devices at all times.
J.
Obey all instructions issued regarding the permit issued
by the Director/Superintendent of Public Works.
K.
Post all required maintenance guaranties as required
and repair any defects or failures in the restoration during the period covered
by the maintenance guaranty.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
