The following words shall for the purpose of
this article be defined and interpreted to have the following meanings:
Any person who makes an application for a permit.
The Clerk of the Township of Harrison, in the County of Gloucester.
Any unforeseen circumstance or occurrence which constitutes
an immediate danger to any person or property.
The person duly appointed as the Township Engineer for the
Township of Harrison, in the County of Gloucester.
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.
An authorization in writing issued by the Clerk to an applicant
authorizing the applicant to make an opening in a street.
Any person to whom a permit has been issued pursuant to an
application as provided for in this article.
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.
Any public street, public easement, public right-of-way,
public highway or public road accepted or maintained by the Township
of Harrison, in the County of Gloucester, or over which the Township
may have acquired jurisdiction by agreement.
The person duly appointed Superintendent of Public Works
or any person authorized to act as his or her representative.
The Township of Harrison, in the County of Gloucester.
It shall be unlawful for any person to open or make any opening
in any street in the Township for any purpose whatsoever without first
making an application to the Clerk and obtaining a permit authorizing
the opening. A street opening permit is required when any of the following
occur:
A.
Excavation, including the digging, displacing, undermining, opening,
boring, tunneling, auguring, or in any manner breaking up any street,
sidewalk, curb, or area within the Township right-of-way for the purpose
of installing utilities or for other trenching operations.
B.
Excavation in or under the surface of any street, installation of
any street improvements, construction, removal, or alteration of any
improvements which are located within the right-of-way or other public
access.
C.
The placement or deposition within the right-of-way of mulch, stone,
brick, block, dense graded aggregate or excavated material which obstructs
the intended flow of stormwater or public access.
D.
Excluded from the requirement for a street opening permit is the repair or construction of sidewalk or driveway apron, including new. These are to conform to the requirements of Article II, Repair and Maintenance.
E.
The terms of this article shall not apply to a street in any subdivision,
industrial park, or other development approved by the Township Planning
Board prior to the Township of Harrison's acceptance of said
street after dedication.
No permits shall be granted on a newly improved Township road
for a period of four years except in cases of emergency. Emergencies
shall include utility repairs and any other emergency certified by
the Township Committee, 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 expire at the end of the period of time which
shall be 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 on the form 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 and engineer review fee of $230 in accordance with § 189-4, and the required minimum inspection escrow fee of $225 in accordance with § 189-4C(2). The application and engineer review fee, and the minimum inspection escrow fee, shall be submitted with the application in the form of two separate checks of $230 and $225, respectively.
[Amended 12-23-2018 by Ord. No. 36-2018]
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 § 189-10 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:
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 $225.
This minimum amount shall be paid on a lump-sum basis.
[Amended 2-6-2017 by Ord.
No. 3-2017]
(3)
Inspection escrows greater than $225 will be paid on a time-and-material
basis and any remaining escrow shall be returned to the applicant.
[Amended 2-6-2017 by Ord.
No. 3-2017]
A.
The permittee shall commence the work within 30 days' time after
issue 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 § 189-7. 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 and subsurface installation, 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 § 189-5B 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 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.
B.
The permittee shall remove and dispose of all surplus excavation
materials and debris.
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).
(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 Harrison.
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 top soiled, seeded or otherwise unpaved areas disturbed
in the course of the work shall be top soiled 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 Harrison
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 Committee, 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 or 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 § 189-12, 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 Committee. 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.
[Amended 12-6-2004 by Ord. No. 40-2004]
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.
