[HISTORY: Adopted by the Township Committee of the Township of West
Amwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1982 by Ord. No. 3-82]
As used in this article, words shall have the following meanings:
Includes applicant's agents, servants, representatives and any
contractors employed by it.
Refers to the person or persons employed by the Township to supervise
and inspect the progress of the work.
Any road, highway, public way, public alley, easement or other right-of-way
accepted or maintained by the Township as a public street, as well as any
state or county road or highway over which the Township has acquired jurisdiction
by agreement.
A.
No person shall do any excavating or disturb any street
or road surface, shoulder or bank areas in the Township, including all streets
and roads in private developments not apart of the Township road system at
the time of excavation but where it is contemplated that application will
subsequently be made to have the streets or roads become part of the Township
road system, for the purpose of laying, changing, repairing or connecting
any water, gas or sewer pipe or any electric, telephone or telegraph pipes
or conduits, or for any other purpose whatever, without first having obtained
a permit from the Township Clerk.
B.
In the event of emergency where repairs must be made
immediately and the person charged with the responsibility for making the
repairs would be unduly delayed in seeking a permit, then, in that event,
the excavation may be made for the purpose of stopping a leak or interruption
in service of the utility. As soon as the leak or interruption in service
has been repaired, and an emergency no longer exists, the person having made
the excavation shall forthwith apply for a permit and comply with all the
other provisions of this article. In emergency matters and in the absence
of the Clerk, a permit may be issued by the Mayor or a member of the Township
Committee.
A.
Any person desiring such permit shall file with the Township
Clerk, or other designated official in the event of emergency, a signed application
containing the following information:
(1)
The name and address of the applicant.
(2)
The purpose for which the opening is to be made.
(3)
A clear description of the location of the opening.
(4)
Three complete copies of the plans and specifications,
showing the work contemplated to be done and indicating clearly the section
of pavement, shoulder or bank which the applicant desires to open. Three complete
as-built plans shall be filed if any changes are made from the original plans.
(5)
The length, width and depth of the proposed opening.
(6)
The outside diameter of all proposed manholes.
(7)
The distance of the proposed opening from the nearest
curb or ditch line, or edge of pavement where road is paved so that some suitable
tie-in for later location purposes be shown.
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Whenever any of the above requirements cannot be stated with exactness,
the words "subject to engineer's consent during construction" shall be
used for the information given.
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(8)
The estimated date of commencement and the estimated
date of completion of the proposed work. These estimates can be based on past
experience in doing similar work. In the event of unforeseen circumstances
beyond the control of the applicant, the applicant may apply for an extension
of the completion date.
(9)
The approximate cost of backfilling, tamping and repaving
work in all cases where a bond is to be furnished.
(10)
An agreement in writing to save the Township harmless
from any loss, injury or damage whatsoever resulting from the course of construction,
whether directly or indirectly connected with the work, or from any negligence
or fault of the applicant, its agents, servants, representatives or contractors
in connection with the performance of the work covered by the plans.
B.
Except as provided in § 139-5T of this article, relative to New Jersey public utility corporations, the applicant shall, as a part of each application, annex thereto a certificate by its liability insurance carrier acceptable to the Township, showing that he, they or it has liability insurance during the period required for the proposed improvements in the following minimum amounts:
C.
Except as provided in § 139-5T of this article, relative to New Jersey public utility corporations, the applicant shall, as a part of each application, annex thereto a certificate showing that the applicant is covered by workmen's compensation during the period required for the proposed improvement.
D.
The application is to be filed with the Clerk in sufficient
time to provide a forty-eight-hour notice to the Township Engineer so that
inspection of the project may be arranged for.
The applicant shall pay to the Clerk upon filing its application a fee as provided in § 139-5R. The fees so paid shall be turned over to the Township for general purposes.
The following rules and regulations shall apply:
A.
The applicant shall keep all openings and all excavated
material properly guarded and shall place and maintain warning lights thereon
of adequate nature to warn the public from one hour before sunset to one hour
after sunrise. No greater portion of the street, road, shoulder or bank shall
be left open at any one time in excess of 500 linear feet.
B.
If at any time during the course of the work the Engineer
in his judgment deems that adequate traffic control is not being maintained
by the applicant, the Township may take such steps as are necessary in the
judgment of the Engineer to maintain adequate traffic control, and the cost
thereof shall be charged to such sums on deposit in the same manner as set
forth for the making of corrections in the work and as though the charges
were for corrections in the work. No refunds shall be made out of any deposits
which may have been charged until the applicant has restored the amount of
the charges.
C.
The applicant shall pay to the Township the amount charged
by the Engineer or his representative for inspection and supervision of the
work, and shall at all times comply with the requirements of the Engineer
or inspector. The rate charged by the Township Engineer for professionally
supervised inspection, to settle disputes or make rulings shall be as per
the current Engineering Contract Fee Schedule.[1]
D.
All work performed must be done within the time specified
by the Engineer or the inspector. If the applicant shall backfill the opening
and temporarily pave the surface thereon within the time set forth in the
permit, the applicant shall thereupon be refunded 50% of its cash deposit
for that permit. For each calendar day after the date set forth in the permit
for completion of such backfill and temporary pavement that the applicant
shall be in default of such backfill and temporary pavement to the satisfaction
of the Engineer, such refund shall be reduced by 1% of the deposit. Within
two months of the completion of the temporary pavement above referred to,
the applicant shall complete the final paving, provided that if the two months
terminates between the first day of December and the first day of the following
April, then the date for completing the final paving shall be extended to
April 15. On completion of such final pavement to the satisfaction of the
Engineer, the applicant shall be refunded 50% of its deposit for that permit.
For each calendar year after such date for completing final pavement that
the applicant shall be in default of completing it to the satisfaction of
the Engineer, such refund shall be reduced by 1% of the deposit. Any funds
withheld by way of reduction of refunds shall become the property of West
Amwell Township and shall not thereafter be refunded. The Engineer may extend
the date for completion of the temporary paving or for completion of the final
paving, or both, in cases in which in his judgment he considers such extension
justifiable, and any reduction in refund shall then date from such extended
date.
E.
If dust, dirt, or other detrimental material continues
to arise as a result of the work or neglect of the applicant, its agents,
contractors or representatives, or if a nuisance is, in the opinion of the
Engineer, caused by the actions of any of the parties, the Engineer may stop
the work until the situation complained of is eliminated. The Engineer may
direct that suitable amounts of calcium chloride or other dust-settling material
be used as may be required. Streets and paved surfaces must be kept broom
clean. If dust persists, streets may be required to be hosed clean.
F.
Effect on existing utilities.
(1)
No blasting shall be allowed unless permitted by the
Township Engineer. Work shall be so conducted so as not to interfere with
the existing utilities, water mains, sewer lines, gas pipes or electrical
conduits, or the service connections thereof, and in case of injury to any
such utility, it shall be the duty of the applicant, at its own expense, to
properly repair or replace the same. The applicant shall not at any time come
closer than three feet to any trunk-line water pipe without the permission
of the Engineer. Such pipe shall be protected or temporarily supported as
directed by the Engineer.
(2)
Wherever the construction work passes under a service
line of water, sewer lines, gas pipes, electrical conduits or the service
connections thereof, the applicant shall cause, where the Engineer shall deem
necessary, the same to be temporarily supported by a brace extended six inches
or more into the solid earth on each side of the trench and extending the
full width of the roof. The brace so used shall be of such material and placed
as directed by the Engineer, and may be removed when backfill has been satisfactorily
placed on each side of the brace. No excavation shall be made which, in the
opinion of a competent nurseryman, will damage shade trees.
G.
In placing backfill, the applicant or his contractor
shall use a mechanical or vibrating tamping machine. Six inches to 12 inches
of backfill shall be tamped as directed by the Engineer. The applicant shall
backfill the trench with sand or bank run gravel, or such other material as
the Engineer may direct, acceptably compressed as directed.[2]
H.
On unimproved roads and shoulders, the backfill shall
be brought up to within seven inches of the existing surface grade. There
shall then be placed six inches of 2 1/2 crushed stone ballast which
shall be bound up with Grade B screenings and thoroughly compacted. The top
one inch shall be three-fourths-inch crushed stone quarry blended with sufficient
fines to make a tight, stable surface.
I.
On banks and slopes of improved or unimproved Township
roads or grass sidewalk areas, the topsoil shall be saved and carefully replaced
after the trench has been tamped properly and settled completely. The topsoil
shall be replaced after final settlement, shall be raked evenly and shall
have rye grass seed sown thereon, or other means satisfactory to prevent erosion
of slopes and banks. The applicant or his contractor may bring in sod in order
to restore slopes, banks or sidewalk area to a satisfactory condition.
J.
Where a street was previously paved, the pavement shall be placed on backfill as required by Subsection G above. The type of paving shall conform to the Township Engineer's specifications.
K.
The existing blacktop pavement shall be cut in a straight
line prior to any excavation being made. Excavation shall only be allowed
between the cuts so made. If the edge of the excavation is ragged or zigzag
when it comes time to repave the street or shoulder, then the street pavement
shall be cut out in a straight line as directed by the Township Engineer,
parallel to the line of the excavated trench in a width sufficient to straighten
out any rough edges, and the entire area shall then be repaved.
L.
Pending the actual repaving operation stated above, the
contractor shall use a temporary fill over the trench of such material as
may be directed by the Engineer to the end that no loose stones, mud or dirt
may impede the flow of traffic. The Engineer may at any time require any irregularity
in the surface to be immediately taken care of.
M.
The applicant assumes the responsibility of refilling
the trench as it may sink from time to time and keeping it level with the
balance of the pavement. The applicant shall supply the name, address and
telephone number of the representative of the person doing the work so that
notice of settling or potholes in any trench of the applicant, verified by
the Police Department, may be made to the applicant's agent immediately
after verification.
N.
After repavement, the applicant shall be under the duty
of maintaining the trench for a period of 18 calendar months and assuming
the responsibility of refilling the trench as it may sink, as directed by
the Engineer, and in case of the undue settlement, may be required to open
the trench to ascertain the cause of the undue settlement and to remedy the
same as required by the Engineer.
O.
Upon the failure of the applicant to comply with any
of these requirements, the Township may do the necessary repairs and replacements
and charge the same to the applicant.
P.
In cases where it becomes necessary to resort to tunneling
operations to reach the point of connection with the main line, the backfill
in such tunnel shall be of rammed soil composed of a mixture by volume of
one part cement to six parts of coarse aggregate material such as sand or
bank run gravel.
Q.
Surplus material such as broken-up concrete or excavated
material shall be disposed of by the applicant by placing the same at any
point within the Township specified by the Engineer within one mile of the
project, and it shall be the duty of the applicant to dump and grade, if necessary,
said material as directed by the Engineer. If the Township does not require
the material within one mile of the project, the applicant must dispose of
it in a satisfactory location.
R.
The applicant shall deposit with the Clerk the sum of
$50 with each application for each opening to be made in the road pavement,
shoulder or bank. A maximum continuous opening of not more than five feet
in length may be made under such deposit. If the proposed excavation is for
more than a single hole of up to five feet in length, the sum of $10 per linear
foot of the opening applied for shall be deposited; but in no case less than
$500, the payment to be made five days before the beginning of any work or
the moving of any equipment or material to the site of the proposed opening.
S.
For house connections the deposit shall be $50 for each
opening, regardless of the type of pavement or the length of the ditch.
T.
The applicant may, in lieu of a cash deposit, submit
a surety bond which, upon approval of the Township Committee, shall have the
same force and effect as a cash bond. The bond shall, by its terms, provide
for payment of any damages by or from the acts of the applicants, its agents,
servants or subcontractors, and save the Township harmless from any suits
at law or otherwise which may result from damages sustained by any persons
or property as a result directly or indirectly of the work performed under
the permit. Public utility corporations of the State of New Jersey may file
a corporate bond on a yearly basis in an amount of $5,000 in lieu of cash
or construction bonds.
U.
All street or road surfaces so restored shall be subject
to final release and acceptance in writing by the Township Engineer. No deposit
money shall be returned nor bond released until 18 months after the completion
of the project and its acceptance by the Township Engineer, and then only
upon the above written certification by the Township Engineer that the work
has remained in a satisfactory condition for the 18 months.
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be subject to a fine of not less than $100 nor more
than $1,250, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
[Adopted 3-17-1999 by Ord. No. 5-99]
A.
It is in the public interest to ensure that the streets,
public rights-of-way and roadways are kept clear of snow, ice and other similar
materials.
B.
The placement of snow, ice and similar materials by residents
of the Township of West Amwell from their property, and the placement of snow
on streets, public rights-of-way and roadways, may impede the Road Department
in its efforts to maintain said roadway, cause traffic problems and otherwise
interfere with the public health, safety and welfare.
A.
It shall be unlawful for any person, his or her agent
or employee to allow or to place, shovel, brush or in any other manner cause
or allow to remain snow, ice or items of similar material on any street, public
right-of-way or roadway located within the Township of West Amwell, except
while in the actual act of removing said material.
B.
No removal activity shall result in the diminution of
the width of any cartway, the impairing of any sight distance nor the blocking
of any drainage within the street, public right-of-way, or roadway.
C.
It shall be a rebuttable presumption that snow, ice or
similar materials violating the standards herein found in the street, public
right-of-way or roadway in close proximity to a driveway were placed there
by the owner of the premises, his agent or employee wherein the driveway is
located. The owner is the responsible party for the placement of the snow,
ice or similar materials in the street, public right-of-way or roadway.
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be subject to a fine of not less than $100 nor more
than $1,250, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
This article shall be enforced by the members of the West Amwell Township
Police Department.
