[HISTORY: Adopted by the Township Committee of the Township of West Amwell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage and watercourses — See Ch. 79.
Land development — See Ch. 109.
Vehicles and traffic — See Ch. 153.
[Adopted 1-21-1982 by Ord. No. 3-82]
As used in this article, words shall have the following meanings:
APPLICANT
Includes applicant's agents, servants, representatives and any contractors employed by it.
ENGINEER or TOWNSHIP ENGINEER
Refers to the person or persons employed by the Township to supervise and inspect the progress of the work.
STREET
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.
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.
(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:
(1) 
For personal injury to one person: $100,000.
(2) 
For personal injury for one accident: $300,000.
(3) 
For property damage: $50,000.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.