The following words, when used in this article,
shall have the meaning ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
COAPPLICANT
Person doing the road opening work on behalf of the applicant
and who is jointly and severally responsible and liable along with
the applicant for compliance with all terms and conditions of this
article and any penalty or claim filed by the Township as a result
of any violation of this article.
DIRECTOR OF MUNICIPAL SERVICES
The person duly appointed Director of Municipal Services
and overseeing the Township Public Works or any person authorized
to act as his or her representative.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
IMPROVED ROAD
Any road surfaced with pavement such as asphalt, concrete,
bituminous concrete, brick, or similar pavement and any road having
concrete base.
PERMITTEE
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
PERSON
Any natural person, partnership, firm, association, utility,
corporation or authority created pursuant to statute who is directly
responsible for work being performed under the utility opening permit
application. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to associations shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
ROAD
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the road is that portion between
the edges of the paved, or hard surface, width.
STREET
A public street, public easement, public right-of-way, public
highway, public alley, public way or public road accepted or maintained
by the Township and any state or county road over which the Township
may have acquired jurisdiction by agreement.
TOWNSHIP
The Township of Washington in the County of Gloucester, State
of New Jersey.
TOWNSHIP ENGINEER
The person duly appointed Township Engineer, his/her authorized
deputy, representative or inspector.
UNIMPROVED ROAD
Any cinder, dirt, or gravel road without oil treatment and
all other roads under the jurisdiction of the Township of Washington.
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 Township Director of Municipal Services, 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.
Work for which a permit has been issued shall
commence with 45 days after the issuance of the permit thereof. If
not so commenced, the permit shall be automatically terminated. Permits
thus terminated may be renewed upon the payment of an additional permit
fee as originally required.
No openings shall be done on weekends, Township holidays, or outside the normal working hours of 7:00 a.m. to 3:30 p.m. without the written permission of the Township Engineer and/or Township Director of Municipal Services unless in case of emergency. Failure to provide notice as required under §
216-5 may result in revocation of the permit and issuance of a stop-work order. If special conditions require work on the weekend, night, or Township holidays, the permittee shall obtain written approval of the Township Engineer and/or Township Director of Municipal Services for all overtime costs incurred for inspection of work.
With the exception of an emergency, no permits
will be issued for road openings between December 15 and March 15
or where conditions exist due to severe weather, freeze, frost, etc.
without written permission from the Township Engineer and/or Township
Director of Municipal Services.
Permits are not transferable from one person
to another, and the work shall not be made in any place other than
the location specifically designated in the permit.
Every permit shall expire at the end of the
period of time which shall be set out 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
Department of Public Works 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 Director of Municipal
Services for the completion of the work upon recommendation of such
extension by the Township Engineer.
The provisions of this article shall not be
applicable in those instances where the highway is maintained by the
State of New Jersey or by the County of Gloucester, except in such
cases where the Township may have special arrangements with the state
or county.
It shall be the duty and responsibility of each
applicant to:
A. Make a written application for such permit with the
Director of Municipal Services on such forms as the Township shall
prescribe. No work shall commence until the Township Engineer and/or
Township Director of Municipal Services has approved the application
and plan and the applicant has paid and provided all fees, deposits
and certificates required by this article. The Department of Public
Works shall issue a permit within 14 days after receipt of the Township
Engineer and/or Township Director of Municipal Services approval of
the permit application and all required fees, deposits and certificates
from the applicant.
B. Include, in the application, information stating the
kind, character and purpose of the proposed excavation or opening
and such other information as may be reasonably required to fulfill
the requirements of this article.
C. Furnish in triplicate a scaled plan showing the location
of the work to be performed under said permit. If approved by the
Township Engineer and/or Township Director of Municipal Services,
one copy of such plan shall be returned to the applicant at the time
the permit is granted.
D. Obtain a permit for each and every opening.
E. 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.
F. Pay a permit and engineering review fee and security
deposit in accordance with the requirements herein.
G. Furnish a certificate of insurance as required by
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.
H. Keep the original copy of the permit and an approved
copy of the plan in the possession of the party or parties actually
doing the work, and when required, exhibit same to the Township Engineer
and/or Township Public Works Superintendent, duly authorized inspectors,
or in the instances of county or state highways, to the respective
inspectors of these authorities.
I. Agree to perform the work under said permit in accordance
with the regulations established herein and such further conditions
as may be imposed by the Township Engineer and/or Township Public
Works Superintendent.
J. If it is determined by the Township Engineer and/or
Township Director of Municipal Services that it is necessary, provide
a video or photograph of the proposed opening and surrounding areas
to protect the Township and adjoining property owners from damages
during construction.
The Township Engineer and/or Township Director
of Municipal Services is hereby authorized and directed to promulgate
such written instructions as may be necessary for the construction
of the street opening. Such instructions shall include but shall not
be limited to:
A. Limitations on the size of an opening.
B. Restrictions for the protection of existing subsurface
installations, monuments and drainage systems.
C. Requirements for the storage and removal of excavated
materials.
D. Provisions for safety precautions to be taken by the
permittee.
E. Restrictions as to the periods of day when the work
may be performed.
F. Requirements for backfilling, inspection and final
paving cross-section for openings.
G. Requirements for utilization of trenchless technology
wherever possible on all piping, trenches and hookups 15 inches in
diameter or less.
H. Requirements that all nonferrous material contain
a wire or detection device to accurately determine the location after
installation.
I. All metallic structures, including manholes, valve
boxes, and inlet castings, to be set 1/4 inch below finished road
grade.
Upon notice to the Township Engineer and/or
Township Director of Municipal Services, and under his inspection,
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 60
days and a maximum of 90 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 Township
Director of Municipal Services. 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.
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 sub-contractor 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.
When the Township shall improve or pave any
street, the Director of Municipal Services shall first give notice
to all persons owning property abutting on the street about to be
paved or improved and to all public utilities and authorities operating
in the Township, and all such persons, utilities and authorities shall
make all connections as well as any repairs thereto which would necessitate
excavation of the street within 30 days from the giving of such notice.
The time shall be extended if permission is requested in writing and
approved by the Township Engineer and/or Director of Municipal Services.
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 tenants of such properties and subsurface installations
personally or by certified mail, return receipt requested.
The terms of this article shall not apply to
a street in any subdivision or industrial park approved by the Township
Planning Board Prior to the Township of Washington's accepting the
said street for maintenance.