Township of Galloway, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 153.
Elevation of single-family homes — See Ch. 181.
Flood hazard areas — See Ch. 203.
Land management — See Ch. 233.
Streets and sidewalks — See Ch. 295.
[Adopted 1-18-1971 by Ord. No. 393 as Ch. 43, Art. II, of the 1971 Code; amended in its entirety 9-10-2019 by Ord. No. 2020-2019[1]]
[1]
Editor's Note: This ordinance also retitled this chapter from "Road Openings and Gravel Pits" to "Road Openings and Resource Extraction."
No person, firm or corporation shall conduct a resource extraction operation, including specifically digging or excavating a sand or gravel pit of any kind, character or description, within the Township of Galloway:
A. 
Within 250 feet of any public road;
B. 
Within 250 feet of any property line;
C. 
Within 500 feet of any residentially occupied property;
D. 
Which disturbs or diverts any stream or service water naturally flowing across the site;
E. 
Having a slope on the interior or working portion of the excavation less than four feet horizontal to one foot vertical;
F. 
Unless there is sufficient and suitable topsoil on the site available for an adequate reclamation of the site;
G. 
Having a separation from seasonal high groundwater of less than five feet.
No resource extraction operation shall be conducted unless a license shall have first been obtained from the Township Council. Such license shall be in addition to any approval required pursuant to the Township Land Management Code.[1] No license application shall be accepted unless there has been a completed restoration of any previously mined area which is not the subject of the new application.
A. 
Applications for licenses shall be submitted to the Township Manager upon forms provided by the Township Clerk and shall be signed and verified by the applicant and shall include:
(1) 
The name and address of the applicant, if an individual; if the applicant is a partnership, a partnership name and business address, together with the names of all partners and their residential addresses; if the applicant is a corporation, the full legal name of the corporation, the place of business of said corporation, the date and state of incorporation, the name and addresses of stockholders holding 10% or more of common and/or preferred stock of the corporation, the name and address of the corporation's registered agent and the name and address of legal representatives of the corporation, if any, and whether authorized to do business in the State of New Jersey.
(2) 
Information relative to the ownership of the land involved or any interest of the applicant, its officers, directors or stockholders in adjoining property. In the event that the applicant is not the owner, written consent of the owner must be furnished and the information required by § 185-2A(1) shall be supplied for each person, firm or corporation with a 10% or larger ownership interest in the property that is the subject of the application.
(3) 
Proof of liability insurance coverage for the licensee in amounts of not less than $5,000,000 combined single limit for each accident causing personal injury and for property damage.
(4) 
Proof of liability insurance coverage for any contractor (other than independently owned or operated trucks) who contracts with the licensee for any part of the resource extraction operation in amounts of not less than $2,000,000 total for each accident causing personal injury and $500,000 for property damage for each accident.
(5) 
A statement listing the equipment and apparatus to be used in the excavation operations. The list shall include a physical description of the equipment or apparatus; the manufacturer; year of manufacture; year of acquisition by the applicant; whether owned or leased; fuel used, if any, and the use or uses proposed for the equipment or apparatus by the applicant.
(6) 
An estimate of the volume of soil to be removed during the term of the license. The applicant shall also provide an estimate of the life of the site with respect to resource extraction.
(7) 
A statement that all taxes are current. No license application will be accepted unless all taxes are current on the property which is the subject of the application, as well as all property owned by the applicant which is contiguous to the property which is the subject of the application or adjacent to such property across a public right-of-way.
(8) 
Water quality data.
(9) 
Fees.
(10) 
Performance guarantee.
(11) 
All plans and specifications.
(12) 
Environmental impact statement.
(13) 
Other reports and documents.
(14) 
Reclamation plan.
B. 
Plans and specifications required by this section shall be submitted with the application. All drawings of outbound surveys, topographical information or survey data shall be prepared, signed and sealed by a New-Jersey-licensed professional land surveyor. All drawings of improvements, technical information, restoration and reclamation data shall be prepared, signed and sealed by a New-Jersey-licensed professional engineer. All plans and specifications shall include the following:
(1) 
A legal description of the sites wherein the resource extraction operation is to be conducted and an outbound survey prepared by a land surveyor licensed by the State of New Jersey showing the entire tract, all buildings and roads within 200 feet thereof and existing and proposed final contours of the land involved in the resource extraction operation at two foot intervals. This map shall include an area 200 feet from the boundaries of the proposed site.
(2) 
Where resource extraction is to be conducted, all entrances or exits to the tract involved, fences or gates erected or to be erected, equipment used or to be used in the operations are to be shown on the site plan and a narrative describing the method of operation is to be attached. All equipment and apparatus are to be stored on the licensed premises, at least 250 feet from the nearest boundary of the proposed site.
(3) 
All existing and proposed streets and rights-of-way, including railroad rights-of-way and public utility rights-of-way.
(4) 
A United States Geological Survey quadrangle map showing all roads, buildings, streams and bodies of water within 2,000 feet of the site.
(5) 
The names and addresses of all adjoining landowners within 500 feet of the site.
(6) 
A well search for all wells within 2,000 feet of the site.
(7) 
Existing water drainage conditions, with flow directions; all wooded areas and areas of vegetation; and all wildlife habitats.
(8) 
The limits or outbound of the area or areas of the site within which the resource extraction operation is to be conducted during the term of the license.
(9) 
A schedule which includes the sequence and length of time for resource extraction.
(10) 
Routes to and from the site which will be used for the transportation of the soil to be removed.
(11) 
The proposed slopes of the site upon completion of the resource extraction operation.
(12) 
The location, size and use of all existing buildings on the site.
(13) 
A soils map.
(14) 
Provisions and facilities for stormwater and water management.
C. 
Environmental impact statement. Attached to the application shall be an environmental impact statement (EIS).
(1) 
Purpose. The EIS shall provide a full and fair discussion of significant environmental impacts on the environment within the Township.
(2) 
Contents. The EIS shall provide the information needed to evaluate the effects of the resource extraction operation upon the environment. The EIS shall include:
(a) 
An inventory of existing environmental conditions at the site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archaeology.
(b) 
A project description which shall specify what is to be done, and how it is to be done, during construction and operation.
(c) 
A listing of all licenses, permits or other approvals as required by law and the status of each.
(d) 
An assessment of the probable impact of the project.
(e) 
A listing of adverse environmental impacts which cannot be avoided.
(f) 
Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the site and in the surrounding region.
(g) 
A reference list of pertinent published information relating to resource extraction, the site and the surrounding region.
(h) 
An executive summary which adequately and accurately summarizes the EIS. The executive summary shall stress the major conclusions, areas of controversy and the issues to be resolved.
(i) 
A list of the names, together with their qualifications (expertise, experience, professional discipline), of the persons who were primarily responsible for preparing it.
D. 
Documents and reports. Attached to the application shall be documents and reports which address the following:
(1) 
Soil borings at the rate of one boring per five acres to determine soil profiles and characteristics, and to define the surface level of the first groundwater aquifer. If these soil borings do not prove adequate to determine site soil profiles and characteristics, the Township Engineer may require and specify additional soil borings.
(2) 
A soil erosion sediment control permit-mining permit from the Cape-Atlantic Soil Conservation District.
(3) 
A water quality report shall be submitted with the initial application and thereafter as part of the annual report indicating water sample data or water test results, in conformance with the New Jersey Department of Environmental Protection guidelines for water quality monitoring. Said results shall be obtained in accordance with a water quality monitoring plan to be developed by an expert in the field of groundwater hydrology. The testing shall include annual monitoring of each of the primary and annual groundwater standards as set forth in N.J.A.C. 7:9-6, Primary and Secondary Drinking Water Standards and A-280 Chemicals, as amended and in effect at the time final action is taken on the final application. All results shall be prepared pursuant to current water quality standards established by the New Jersey Department of Environmental Protection.
(4) 
A traffic plan which shall delineate the proposed entrances and exits and the identity of personnel to be used for the purpose of safety and road cleanup.
(5) 
Any application, plan or other documents, including correspondence, either submitted to or received from federal, state, county or municipal agencies relating to the site which is the subject of this application.
E. 
Reclamation plan.
(1) 
All applications for a license shall include a reclamation plan with the following information for the entire licensed premises, as well as owned or co-owned adjacent properties:
(a) 
Method of stockpiling soil and overburden.
(b) 
Proposed grading and final elevation.
(c) 
Topsoil preparation and application.
(d) 
Type, quality and age of vegetation to be used.
(e) 
Fertilizer application, including method and rates.
(f) 
Planting plans showing planting method and schedule.
(g) 
Maintenance requirement schedule.
(h) 
Financial plan, including the cost for implementation and completion of the reclamation plan.
(2) 
Implementation of the reclamation plan shall be a continuous process, and each portion of the site shall be restored and reclaimed within one year after resource extraction operations are completed for that portion.
(3) 
All reclaimed areas shall be graded so that any slope shall not exceed one foot vertical to four feet horizontal.
(4) 
Reclamation shall result in the reestablishment of the type of vegetation which existed prior to the excavation activity and shall include:
(a) 
The planting of a minimum of 1,000 one-year-old seedlings per acre.
(b) 
Stabilization of exposed areas by establishing ground cover vegetation.
(c) 
Planting of characteristic indigenous shrub and tree species to the maximum extent practical. If, for instance, due to a change in elevation, a particular species would no longer thrive, a different species may be permitted.
(5) 
No earlier than 30 days and no later than 90 days after the reclamation plan has been completed, the license holder shall request an inspection of the site by the Township Engineer. Thereafter, the Township Engineer shall inspect and reevaluate the site and determine whether the improvements are in compliance with the approved reclamation plan. Upon certification by the Township Engineer that the approved reclamation plan has been complied with, the Township Council may, in its sole discretion, release the performance guarantee to the license holder, subject to the posting of an acceptable maintenance guarantee in the amount of 20% of the cost of the reclamation plan, and such maintenance guarantee shall be held for a minimum of five years to ensure that the reclamation plan is fully and successfully implemented. In the event that there should be a breach of the reclamation plan by the licensee, written notice to the license holder or its representatives shall be made, and the Township may act on the performance guarantee and proceed with the reclamation of the site in accordance with the reclamation plan.
[1]
Editor's Note: See Ch. 233, Land Management.
A. 
Application. At the time of the application, an application fee shall be paid to the Township in the amount of $5,000.
B. 
Review. At the time of the initial application, an escrow for review shall be established with the Township at the rate of $100 per acre of the site, subject to a minimum escrow of $10,000.
C. 
Inspection. Upon issuance of the license, an inspection escrow shall be posted with the Township in the amount of $5,000. Additional escrow may be required when the original escrow is depleted by 70%.
A. 
As part of the application, the applicant shall submit a performance guarantee in the form of a letter of credit issued by an acceptable financial institution, or cash in lieu thereof, to assure compliance with this article.
B. 
Upon review of the estimate of cost prepared by the applicant, the amount of the performance guarantee required will be determined by the Township Engineer and submitted to the Township Clerk.
C. 
Upon review of the estimate of cost to implement and complete the reclamation plan prepared by the applicant, the amount of the final performance guarantee required will be determined by the Township Engineer and submitted to the Township Clerk.
D. 
The performance guarantee will be conditioned upon the full and faithful performance by the applicant, within the time specified in the application, of all the proposed work in accordance with the provisions of this article and of the license issued pursuant thereto.
E. 
At the request of the applicant, the amount of the performance guarantee may be adjusted annually by the Township Council, upon the recommendation of the Township Engineer.
F. 
The performance guarantee shall remain in full force and effect during the entire period that resource extraction operations are conducted and until completion of implementation of the reclamation plan pursuant to this article.
G. 
The performance guarantee shall be adequate to assure compliance with this article. The guarantee shall remain in place during the period that the resource extraction operations are conducted and until completion of reclamation.
A. 
On the filing of an application for a license, the Township Engineer shall have 30 days to determine if the application is complete and report to the Township Clerk. In the event that the application is deemed incomplete, the applicant will be advised, in writing, of those items or submissions which are deficient, and the applicant shall have 30 days in which to submit a completed application. No review of the application shall take place until the application is deemed complete.
B. 
Once the application has been deemed complete by the Township Engineer, the Township Engineer shall have 45 days to review the application and provide a written report to the Township Manager for presentation to the Township Council.
C. 
The Township Council shall have the option to conduct a public hearing on the application within 30 days of the receipt of the report from the Township Engineer, or the Township Council may appoint the Township Manager, the Township Solicitor, or other designee to serve as a hearing officer to conduct the hearing on the application. The hearing officer shall provide a written report to the Township Council with findings of fact based upon the hearing and a recommendation of whether the application complies with the requirements of this article.
D. 
The Township Council shall take action on the application to either approve, deny or approve with conditions within 30 days of the completion of the hearing, whether conducted by the Township Council or by a hearing officer on its behalf. The Township Council shall not approve the application unless it determines that the actual operation of the resource extraction project will not result in a material adverse impact to the public good.
Unless otherwise more strictly regulated by federal, state or other laws or regulations, the following regulations shall apply to all resource extraction operations:
A. 
Resource extraction operations and related activities shall be conducted starting no earlier than 8:00 a.m. and ending no later than 5:00 p.m., Monday through Friday. There shall be no trucking of any material to or from the resource extraction operation prior to the starting of operations or subsequent to 4:30 p.m. on any day. Emergency equipment maintenance or emergency repair work may be done at any time.
B. 
Resource extraction operations or related activities shall not be conducted on Saturdays, Sundays or legal holidays.
C. 
Excavation shall be operated so as to reduce dust to a minimum. Access roads shall be maintained in a reasonably dust-free condition, and all access roads shall be fully paved.
D. 
Machinery used in the operations will feature "white noise" reverse beepers.
E. 
Blasting shall not be permitted.
F. 
During the term of any license, the limits of the acreage included in the license shall be prominently marked at the site of operation by markers at least five feet in height above ground levels and painted a color to be designated by the Township Engineer so that the limits of the license area shall be readily identifiable. The interval between said markers shall not exceed 100 feet in distance, and no mining operation shall be conducted without such markers being in place.
Any person, firm or corporation who shall violate any of the provisions of this article shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days. Each day of violation shall constitute a separate offense.
This article is enacted pursuant to the police powers permitted by N.J.S.A. 40:48-2 and not pursuant to N.J.S.A. 40:55D-1 et seq., which is provided for in Chapter 233, Land Management.
[Adopted 6-19-1984 by Ord. No. 766; amended in its entirety Ord. No. 1938-2016, 4-12-2016]
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
APPLICANT
Any person making written application to the Department of Public Works for an excavation permit hereunder.
DPW
The Township Public Works Department.
EMERGENCY OPENING
An urgent and immediate opening and repair operation required to protect the health, safety and welfare of the general public from the immediate hazards posed by broken piping, sink holes, eroded or undermined structures, or damaged utilities which present a sudden and unforeseen hazard within a Township public street, easement or right-of-way.
EXCAVATION
The excavation, opening or any other work permitted under a permit and required to be performed under this article.
PERMIT
A street opening permit.
PERMITTEE
Any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
STREET
Any street, highway, alley, avenue or any other public right-of-way or public ground in the Township and under the control of the Township.
TOWNSHIP
The Township of Galloway in the County of Atlantic and State of New Jersey.
A. 
It shall be unlawful, except in an emergency as defined in § 185-7 and as set forth in Subsection B hereunder, for any person to engage in any of the following activities, unless such person shall first have obtained a permit therefore from the DPW as herein provided:
(1) 
To dig up, excavate, tunnel, undermine or in any manner break up any street.
(2) 
To make or cause to be made any excavation in or under the surface of any street for any purpose.
(3) 
To place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street.
(4) 
To perform any other operation on any street which, in any manner, interferes with or disturbs the surface of such street.
B. 
In the event that any street, main, conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as seriously to endanger persons or property, the owner of such sewer, main, conduit or other installation shall immediately notify the Galloway Township Police Department, Galloway Township Utilities Division and Galloway Township Engineer's office. After notifying the appropriate departments, the owner shall remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making any permanent repairs to such street, alley or sidewalk until he shall have secured a permit as hereinunder provided. Such permit shall be applied for within seven days after such break or serious trouble shall have developed and the necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the DPW and shall be completed as soon as practicable after receipt of the permit.
A. 
A written application for the issuance of an excavation permit shall be submitted to the DPW. The application shall state the name and address of the applicant, the location and dimensions of the excavation, the purpose of the excavation, the estimated dates of commencement, completion and restoration of the excavation and such other data as may reasonably be required by the DPW.
B. 
Any plans or drawings attached to the application must be drawn by a professional engineer of the State of New Jersey and must be drawn to a scale sufficient to show clearly the proposed work. Plans shall show profiles and all utilities within 25 feet of the proposed work. An applicant can prepare his own plans without an engineer's stamp if the opening is to be 20 feet in length or less.
C. 
The permittee has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 48:2-73, and all permits issued by the DPW are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site and, if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto. Contact can be made by calling the toll-free clearinghouse telephone number for utility questions and problems: (800) 272-1000.
D. 
All applicants are also responsible for providing construction warning signs and lights in accordance with the Manual of Uniform Traffic Control Devices. Any proposed detours or road closings within the municipality must be submitted to the Galloway Township Police Department and Galloway Township Department of Public Works or their duly authorized representative for approval prior to the application for road opening or road closing / detour.
A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the DPW, in its discretion, may issue a permit to excavate or open the surface of any Township road or right-of-way. The permit shall state the name of the applicant, the nature and purpose of the excavation or opening, the location of the opening and the number of days for which the permit shall remain in force. In no event shall the DPW issue any permit until it has reviewed and approved the application for a permit.
B. 
No permit shall be issued for any opening on any roadway which has been resurfaced by the Township during a period of five calendar years previous to the application date, except for permits for emergency openings as defined in § 185-7. All openings made in a Township right-of-way as described above must be restored in accordance with the specifications pursuant to § 185-17D.
C. 
Any permit issued under this article may be revoked at any time by the DPW.
A. 
Permits shall be issued with a time limit approved by the Department of Public Works, and the permit shall become null and void unless work is commenced within 180 days unless an extension of time is granted by the Director of Public Works.
B. 
The applicant shall give a twenty-four-hour notice to the DPW or its duly authorized representative prior to making any road openings, except in cases of emergency as provided for in § 185-8B. No opening shall be commenced on a Saturday, Sunday or holiday unless in cases of emergency.
C. 
All openings must be backfilled and have temporary pavement installed immediately in conjunction with the road opening.
D. 
No work area shall be closed to traffic for more than three working days without the approval of the DPW.
E. 
Permanent restoration shall take place no less than 30 days nor more than 90 days from the date of completion of the temporary restoration, unless otherwise required by the Director of the Public Works Department.
[Amended 9-26-2017 by Ord. No. 1972-2017]
A. 
Application fees. An application fee shall be charged by the DPW for the issuance of a permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The application fee shall be in an amount varying with the size of the road opening.
(1) 
Roadways:
(a) 
Up to 20 square feet. A fee in the amount of $160 shall be paid to the DPW for each opening up to 20 square feet of total disturbance.
(b) 
Greater than 20 square feet: An initial fee of $160 shall be paid plus an amount of $1 per square foot above 20 square feet.
(c) 
All reinspections required by the Township as a result of the applicant not complying with the restoration requirements in this section shall result in an additional fee of $100.
(2) 
Roadside openings within shoulder areas:
(a) 
Up to 20 square feet: A fee in the amount of $80 shall be paid to the DPW for each opening up to 20 square feet of total disturbance.
(b) 
Greater than 20 square feet: An initial fee of $80 shall be paid plus an amount of $1 per square foot above 20 square feet.
(c) 
All reinspections required by the Township as a result of the applicant not complying with the restoration requirements in this section shall result in an additional fee of $50.
(3) 
Curb and gutter installation permits. An application fee of $160 shall be paid to the DPW for each opening up to 100 linear feet of curb/gutter. For all curbs or gutters greater than 100 linear feet, the applicant shall pay the initial $160 plus an amount of $80 for each additional 100 linear feet of curb/gutter.
(4) 
Driveway openings:
(a) 
An application fee of $200 shall be paid to the DPW for each driveway apron opening/construction up to 10 square yards. For all openings greater than 10 square yards, the applicant shall pay the initial $200 plus an amount of $10 per square yard above 10 square yards.
(b) 
Deferred driveway. There shall be a guarantee fee of $1,200 to defer the construction of a driveway apron. Upon completion and final approval of the installation of the driveway apron, the guarantee fee will be reimbursed less an administrative fee of $50.
(5) 
Pole installation. No application fee is required, but drawings and a permit are required. Inspection fees may be charged at the discretion of the Township.
B. 
Inspection fees. For openings pursuant to § 185-12A(1) to (4), the application fee will cover all inspections by the DPW or the Township Engineer's office. For openings pursuant to § 185-12A(5), if required, the Township will calculate the inspection fee based on an estimate of the total time which will be spent overseeing the work. All inspection fees required pursuant to this section shall be posted in an escrow account and will be used to cover inspection of the road opening requirements by the DPW or Township Engineer's office.
C. 
Performance guaranty. If necessary, a road opening permit shall not be issued until a satisfactory performance guaranty is posted with the Township. The amount of the guaranty shall be an amount 50 times the application fee for the permit unless modified by the DPW. The performance guaranty shall be a certified check, performance bond or letter of credit or cash equivalent in a form approved by the Township Solicitor. Performance bonds or letters of credit must be supplied by an institution authorized to do business in the State of New Jersey. The performance guaranty, whether performance bond or letter of credit, shall be a perpetual surety and shall not contain an expiration date.
D. 
Maintenance guaranty. The performance guaranty shall become the maintenance guaranty after final inspection by the Township and will serve to guarantee that the road, as reconstructed, will remain in good condition for two years after the final acceptance. A maintenance guaranty is not required for driveway openings.
E. 
A utility company or developer may, in lieu of giving a separate bond for each application, annually, in January of each year, post a performance bond, a corporate bond or certified funds in the amount of $50,000 or for an increased amount as determined by the Township. If an increased amount is required, notice of same shall be sent to the utility company by December 15 of each year. A decreased amount may be requested in writing by the utility company based on actual work undertaken in the Township in the previous years. Said request shall be forwarded to the Township Clerk and Public Works Department by December 15 of each year. A reduction in the bonding amount shall be at the discretion of the Township. No permits shall be issued until the bond has been approved by the Township. The Township reserves the right that when the openings or trenches exceed the amount of the bond posted, additional bonds or cash security will be required.
F. 
All checks and bonds under this article shall be submitted to the DPW and shall be made payable to the Township of Galloway. Cash will not be accepted. The DPW will hold performance guaranties until final inspection and will hold maintenance guaranties for two years after posting and final acceptance.
The applicant, upon securing said permit, agrees that Galloway Township will be saved harmless from any and all claims of any nature arising out of the construction of road and street opening work covered by said permit, and, further, that the Township in issuing said permit shall not assume liability in connection therewith. In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon the Township giving written notice to the permittee of such suit or claim, any final judgment rendered against the Township requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the Township's costs and reasonable legal fees in connection with such suit.
Prior to performing any work under the permit, the permittee shall deliver to the DPW a certificate of insurance in the sum of not less than $1,000,000 combined single limit (CSL). Where applicable, the permittee shall demonstrate that the explosion, collapse and underground (XCU) exclusion has been removed from its insurance policy. The insurance carrier will not cancel said insurance without giving the Township at least 10 days' notice thereof in writing.
A. 
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions shall be maintained as nearly normal as practicable, at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall keep all roads and street openings guarded at all times and open no greater part of such road or street than shall be reasonably necessary as determined by the DPW. The permittee shall route and control traffic, including its own vehicles, as directed by the local Police Department. Before any highway may be closed or restricted to traffic, the permittee must receive the approval of the DPW and the local Police Department. Upon completion of the construction work, the permittee shall notify the DPW and the local Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
B. 
Where flagmen are deemed necessary by the DPW, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Township will designate detours. The Township shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee, but in case there are not existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the DPW. All temporary road signs relating to detours shall be covered at the end of each workday.
C. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstruction shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
D. 
All traffic control must comply with the standards contained within the Manual for Uniform Traffic Control Devices (MUTCD).
The following measures shall be taken to ensure the safety and protection of the traveling public:
A. 
If it is necessary to leave an excavation unfinished overnight or for an extended period, the permittee shall place at the site steel plates, barricades and safety caution tape which exhibits his name and a phone number where he can be reached at all times. He shall also notify the local Police Department of the condition of the unfinished excavation and furnish said Police Department with his name and phone number where he can be reached at all times. Flashers or a crash truck must be used. A minimum of two crash trucks or four flashers at the construction site or along the right-of-way, as required by the DPW or its representative, is required.
B. 
Any portions of work areas not closed to traffic must be temporarily patched with cold patch, a minimum of two inches thick and properly maintained, until temporary paving is installed.
C. 
The permittee shall erect and maintain suitable shoring to confine earth from trenches or other excavations in order to encroach upon highways as little as possible.
D. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates of adequate size to accommodate vehicular traffic safely. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches in width and shall be provided with a railing as required by the DPW.
E. 
All permittees must call the New Jersey Utility Opening Service at (800) 272-1000 and obtain clearances before beginning excavation.
The standard for materials and construction methods shall be the New Jersey Department of Transportation (NJDOT) Standard Specifications for Roads and Bridges.
A. 
Off-street rights-of-way restoration specifications.
(1) 
Fill.
(a) 
Fill shall be clean with no organic content and free of roots, stumps, asphalt and foreign objects. "Fill" shall be defined as meeting the requirements of the NJDOT Standard Specifications.
(b) 
Fill shall be compacted by vibratory equipment or rolling equipment, where appropriate and as necessary to ensure that the original grade is obtained.
(2) 
Surface.
(a) 
In the case of a trench or opening in an earth shoulder, the applicant shall restore the top four inches of the trench with topsoil. The area shall then be fertilized, seeded and mulched in accordance with current regulations as set forth by the Cape Atlantic Soil Conservation District.
(b) 
In cases where the shoulder material consists of gravel, the applicant shall replace the material with eight inches soil aggregate, Type I-5. The gravel shall be properly graded and compacted to promote surface runoff of stormwater.
(c) 
In cases where the applicant proposes a trench in the unpaved shoulder that is parallel to the edge of paving and results in an opening less than one foot horizontally from the edge of paving, the applicant shall be required to mill and replace the pavement of the road for a width of two feet from the edge of paving if any crumbling, raveling, alligatoring, or other pavement failure occurs as a result of the trench settlement.
B. 
Bituminous concrete street restoration specifications.
(1) 
Fill.
(a) 
Trenches shall be backfilled in layers not to exceed 12 inches, and a mechanical tamper must be used. Should there be a deficiency of material, additional backfill material shall be supplied. Whenever the DPW or its duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
(b) 
Fill shall be clean with no organic content and free of roots, stumps, asphalt, etc. Clay material shall not be considered acceptable.
(c) 
Ninety-five-percent compaction shall be provided in fill areas through:
[1] 
One foot over underground utilities and hand tamping.
[2] 
One-foot lifts individually compacted by hand or mechanical tamping.
(2) 
Gravel. Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate, Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the NJDOT requirements for I-5 materials. The DPW may, at its discretion, submit samples of the soil aggregate for a gradation analysis, with the cost of said analysis to be borne by the applicant.
(3) 
Temporary restoration.
(a) 
Oil and stone roadways. For openings in oil and stone roadways, the temporary restoration required will consist of the installation of six inches of soil aggregate, Type I-5, to a level 2 1/2 inches below the level of the adjacent paved surfaces. A two-inch minimum depth of stabilized base course, HMA 19M64, shall be placed on the base material to a level 1/2 inch below the adjacent paved surfaces.
(b) 
Asphalt roadways.
[1] 
Less than five square yards.
[a] 
For openings of less than five square yards that are in asphalt roadways, the temporary restoration shall consist of six inches of soil aggregate, Type I-5, to a level four inches below the level of the adjacent paved surfaces. A four-inch lift of stabilized base course, HMA 19M64, shall be installed to grade.
[b] 
These temporary surfaces shall be left in place for a period of not less than 30 days nor more than 90 days to allow sufficient settlement to occur. The permittee shall be responsible for all maintenance deemed necessary by the DPW until such time as the final restoration is completed.
[2] 
Greater than five square yards.
[a] 
For openings that are greater than five square yards that are in asphalt roadways, the temporary restoration shall consist of six inches of soil aggregate, Type I-5, to a level four inches below the level of the adjacent paved surfaces. A four-inch lift of stabilized base course, HMA 19M64, shall then be installed to grade.
[b] 
These temporary surfaces shall be left in place for a period of not less than 30 days nor more than 90 days to allow sufficient settlement to occur. The permittee shall be responsible for all maintenance deemed necessary by the DPW until such time as the final restoration is completed.
(c) 
Maintenance of temporary restoration. All permittees shall be responsible for all temporary restoration until such time as the final restoration is completed. Upon notification from the DPW that the temporary restoration covered under the road opening permit is in need of repair, the permittee shall have seven days to correct all defects and restore the area(s) to an acceptable condition. Failure to respond within seven days will result in penalties being imposed in accordance with § 185-19.
(d) 
Emergency openings. When an emergency opening as outlined in § 185-8B must be made in an asphalt roadway and a hot mix bituminous concrete cannot be obtained during the course of the emergency work, the applicant shall be permitted to use a cold mix emulsified asphalt (cold patch) as a temporary restoration for no longer than 48 hours. The applicant shall advise the DPW in writing if cold patch is used for temporary restoration. Within the forty-eight-hour period, all cold patch should be removed, the excavation should be thoroughly compacted, and the appropriate temporary restoration installed in accordance with this section.
(4) 
Final restoration.
(a) 
Oil and stone roadways. The permittee shall complete the final restoration in oil and stone roadways by capping the existing stabilized base course with a one-inch lift of bituminous concrete surface course, HMA 12.5M64, to a level even with the adjacent paved surfaces. A clean, straight edge shall be obtained prior to the placement of surface course, and all edges shall be prepared with a tack coat.
(b) 
Asphalt roadways.
[1] 
Less than five square yards. For openings less than five square yards, the final restoration will involve the removal of four inches of temporary stabilized base. All edges shall be saw cut beyond the actual trench width disturbed to produce a clean edge, and said edges shall be coated with an asphaltic tack coat. All underlying material must be thoroughly compacted and a four-inch thickness of bituminous concrete surface course, HMA 12.5M64, shall then be placed, in two lifts, to a level even with the existing road grade.
[2] 
Greater than five square yards.
[a] 
For openings greater than five square yards, the trenches shall be milled to a depth of two inches to a distance at least six inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of bituminous concrete surface course, HMA 12.5M64, being placed to a level even with the existing road grade. If the location of the trench is such that it will result in a ribbon of asphalt less than 24 inches wide between the edge of the final trench restoration and the edge of existing paving, then the final restoration shall be taken to the edge of paving.
[b] 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the DPW.
[c] 
The Township will complete an inspection of the final restoration 180 days after the initial excavation took place to ensure that all work was completed properly and no settlement has occurred. Should the final restoration not be completed or there is settlement that the applicant must address, an additional fee of $100 will be required for the Township to oversee the follow-up work required.
(5) 
Infrared. Infrared restoration for repair of asphalt streets that are less than five years old and have been opened for utility work may be required by the Township. The infrared work shall be completed after a one-hundred-twenty-day to one-hundred-eight-day settlement period in accordance with the Township Policy entitled "Galloway Township Method of Construction for Infrared Restoration of Roadways."
C. 
General restoration specifications.
(1) 
Whenever required by the DPW, pipes for making opposite side hookups shall be driven or bored under the paved portion of the road or street without disturbing the surface.
(2) 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the DPW or its representative.
(3) 
All damage done to adjacent elements of the street, curbs, walks, catch basins, storm drains, landscaping, grass area, etc., shall be immediately repaired by the applicant.
(4) 
All work shall be done with care and in a workmanlike manner.
(5) 
The temporary restoration must be completed prior to the opening becoming greater than the length of paving restoration that can be accomplished in one workday. No trenches shall be left open over a weekend or during any holiday period.
(6) 
The DPW shall have the discretion of determining if the final roadway restoration can be completed by a two-inch minimum surface course milling and overlay for the full width of the roadway. If the DPW determines the roadway is not able to be finished as stated to conform to smooth ride as determined by NJDOT specifications, then the DPW may have the permittee reconstruct the roadway in full width by milling the existing roadway and placing a two-inch base course of HMA 19M64 hot mix asphalt and a two-inch surface course of HMA 12.5M64 hot mix asphalt. In addition, the permittee shall provide the engineer with a profile roadway design to show the roadway is to be regraded to conform to AASHTO design requirements. All designs shall be prepared by a licensed New Jersey professional engineer.
(7) 
In lieu of the requirement of final paving of any road opening, the Township may require the applicant to contribute the cost of the final paving to the Township based on the Township Engineer's estimate of the improvement. If the Township decides to accept the money in lieu of final paving, the permittee will be relieved of any responsibility for final paving of the roadway, and the Township shall appropriate the monies collected in the capital budget and use the money contributed to complete the final surface restorations that are deemed necessary by the Township. The permittee may also petition the Township Council for the Township to accept the responsibility of final paving, if it so desires. Whenever an in-lieu payment is required, payment must be made to the DPW prior to the issuance of a permit. Notwithstanding the payment of an in-lieu contribution, the permittee shall retain the responsibility to maintain the temporary trench until such time as the Township completes the final paving. All estimates for final improvements will be determined by the Township Engineer based on the following range of unit prices, and other items of work may be added by the Engineer depending on the extent of work required for final restoration.
Cost for Final Improvements
Type
Unit Price
Milling
$4 per square yard
HMA surface course
$80 per ton
Shoulder restoration
$10 per linear foot
(8) 
The applicant must keep the work area clean each day. The applicant must sweep the surrounding road surface to control dust, mud, dirt, etc. The permittee shall also adhere to all requirements of the Cape Atlantic Soil Conservation District at all times. If the applicant does not comply, the Township will perform the cleanup and act on the performance bond for the cost.
(9) 
Upon completion of the work, the applicant will request a final inspection by the DPW. If acceptable, the performance guarantee will be converted to a maintenance guarantee which will remain in place for a period of two years. In the case of utilities or other entities who are permitted to post a general annual performance bond or lump sum guarantee against multiple permits, the applicant shall be required to control the number of permits open at any one time. These applicants shall be required to submit a quarterly report to the DPW showing the status of all pending permits and identifying those permits where the final restoration has been completed.
(10) 
In any case where the contractor has not complied with these regulations to the satisfaction of the DPW or its representative, the DPW, without notice, may cause the work to be done, and the cost shall be deducted from the performance bond made by the applicant.
(11) 
The time limit for all permits will be determined by the DPW based on the nature of the work to be completed.
(12) 
All permittees are required to send notice that the work covered under their permit has been completed in accordance with the applicable section(s) of Chapter 185 on a form to be provided with the road opening permit.
D. 
Specifications for opening streets under a moratorium.
(1) 
If it is necessary to open a street subject to a moratorium as noted in § 185-10 (B), the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.
(2) 
The distances in either direction of the opening will be determined by the Township Engineer based on the proximity to other roadways or utility concerns. In most cases, final pavement restoration will encompass 50 feet in both directions of the opening for the full width of the existing road. The Township Engineer may allow resurfacing to the center line of the road only if the opening is completed within one lane and does not involve disturbance across the center line.
(3) 
Temporary and final pavement restoration shall be completed in the same method as indicated in § 185-17B except that milling will entail the full length and width that must be repaved.
A. 
If more than two individual excavations are required within a seventy-five-foot length, one continuous patch is required to cover all trenches. The Township reserves the right to require an inspection for all excavations. An inspection fee shall be paid by the permittee to the Township at the prevailing rate. Payment shall be made by a check made payable to the Township of Galloway. Payment of inspection fees shall be a precondition for the release of performance guarantees.
B. 
If an inspection is required outside the normal workday hours, an additional fee may be imposed for the cost of the hours beyond the normal workday.
[Amended 12-13-2016 by Ord. No. 1951-2016]
The penalty prescribed for any violation of this article or any section thereof shall be a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days. Each day that a violation exists shall be considered a separate offense.