[Amended 10-7-1985 by Ord. No. 88-1985]
No person, persons or corporation shall do any
excavating, test drilling or disturb any public street or road surface
or curbing or sidewalks within the right-of-way of any street or road
in the Township of Readington, including all sidewalks, streets and
roads in private developments not a part of the township street system
at the time of excavation, but where it is contemplated that application
will subsequently be made to have said streets or roads become a part
of the township road system, for the purpose of laying, changing,
repairing or connecting any water, gas, sewer pipe, storm drain or
any electric, telephone or telegraph pipes or conduits, or for any
other purpose, whatever, without first having obtained a permit from
the Township Director of Public Works. In the event of emergency where
repairs must be made immediately and the person, persons or corporation
charged with the responsibility for making the repairs would be unduly
delayed in seeking a permit, then, and 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, persons
or corporation 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 Director of Public
Works, a permit may be issued by the Mayor or Councilman in charge
of township streets.
[Amended 10-7-1985 by Ord. No. 88-85]
A. Any person, persons or corporation desiring such permit
shall file with the Director of Public Works, 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 proposed
opening.
(4) Three complete copies of the plans and specifications
showing the work contemplated to be done and indicating clearly the
section of street which the applicant desires to open. Three complete
as-built plans shall be filed if and as required by the Director of
Public Works.
(5) The length, width and depth of the proposed opening.
(6) The outside diameter of all proposed manholes.
(7) 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.
(8) The approximate cost of backfilling, tamping and repaving
work in all cases where a bond is to be furnished.
(9) An agreement in writing to save the Township of Readington
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 §
204-28, relative to New Jersey public utility corporations, the applicant or applicant's contractor shall, as part of each application, annex thereto proof of its liability insurance acceptable to the Township, showing that he, they or it has liability insurance, during the period required for the proposed improvement, in the following minimum amounts:
[Amended 10-4-1999 by Ord. No. 20-99; 9-3-2013 by Ord. No. 18-2013]
(1) The
contractor shall have general liability insurance of $1,000,000 combined
single limit per occurrence / $3,000,000 annual aggregate.
(2) The
contractor shall have umbrella coverage (in excess of the commercial
general liability, employer’s liability and commercial auto
liability policies) of $5,000,000 limit.
(3) The
contractor shall have standard workers’ compensation insurance
covering all of the contractor’s employees directly or indirectly
engaged in the performance of the job covered by the application.
This insurance shall comply with the statutory requirements of the
State of New Jersey and shall have an employer’s liability insurance
limit of not less than $500,000 per accident or $500,000 for disease.
(4) The
applicant or applicant’s contractor shall have insurance for
property damage in the minimum amount of $1,000,000.
(5) The
contractor shall have auto liability insurance of not less than $1,000,000
per accident and must include coverage for owned, nonowned and hired
autos.
(6) The
Township of Readington shall be named as an additional insured on
all certificates of insurance submitted by the contractor, except
workers compensation insurance.
C. Except as provided in §
204-28, relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate showing that the applicant is covered by the items listed in Subsection
B above during the period required for the proposed improvement.
[Amended 9-3-2013 by Ord. No. 18-2013]
D. Each application shall be accompanied by an application
fee in the form of a check or money order drawn to the order of the
Township of Readington.
The word "applicant" shall include the applicant's
agents, servants, representatives and any contractors employed by
it.
[Amended 10-7-1985 by Ord. No. 88-85]
The applicant shall, within 24 hours of excavation, continue construction, installation or repair of any installation as detailed in §
204-13A(4). Where an excavation will be open more than 48 hours, clearance and permission must be received in writing from the Director of Public Works. No excavation will be started on Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
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 or curbing shall be left open at one time in excess of 500
linear feet.
At all times during the course of construction,
1/2 of the street shall be open for public travel, unless the applicant
provides and marks, to the satisfaction of the township police, a
suitable detour. The applicant shall at all times be required to make
provisions for local residents and shall maintain the roadway and
adjacent areas free from needless obstruction.
[Amended 10-7-1985 by Ord. No. 88-85]
The Director of Public Works or his representative
will inspect the work periodically to ensure compliance with this
article. An applicant under this article shall give the Director of
Public Works 48 hours' notice of excavation so that inspections of
the work may be scheduled. The applicant shall pay the cost of inspections
by the Director of Public Works to the Township of Readington, whether
such inspections are the periodic inspections by the Director of Public
Works or special inspections called for by the appropriate township
officials.
[Amended 10-7-1985 by Ord. No. 88-85]
All work performed must be done within the time schedule in §
204-13A(7). If the applicant does not comply with this schedule or if in the judgment of the Director of Public Works keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the township at the expense of the applicant upon two days' notice having been given to the applicant.
[Amended 10-7-1985 by Ord. No. 88-85]
If the dust, dirt or other detrimental material
continues to arise as a result of the work or neglect of the applicant,
its agents, contractors or representative or if a nuisance is, in
the opinion of the Director of Public Works, caused by the actions
of any said parties, the Director of Public Works may stop the work
until the situation complained of is eliminated. Streets must be kept
broom clean. If dust persists, streets may be required to be hosed
clean.
[Amended 10-7-1985 by Ord. No. 88-85]
No blasting shall be allowed unless approved
by the Director of Public Works. All work shall be conducted so as
not to interfere with existing utilities, water mains, sewer lines,
gas pipes or electrical or telephone conduits or the service connections
thereof, and, in the event of injury to such utilities, it shall be
the duty of the applicant to immediately notify the proper utility
so that repairs may be made at the expense of the applicant. The applicant
shall not at any time come closer than three feet to any utility line
without the permission and supervision of the respective utility concerned.
Such utility pipes shall be protected and temporarily supported as
directed by the utility company's representatives or the Director
of Public Works inspecting the excavation.
Where test holes are drilled not exceeding nine
square inches, such holes shall be filled with hot tar to street level
within seven days of repair of the leak or other utility damage.
[Amended 10-7-1985 by Ord. No. 88-85]
Where holes or excavations exceed nine square
inches, the applicant or his contractor shall:
A. Fill with quarry-blend or other suitable backfill
material, as approved by the Director of Public Works, to within 10
inches of the existing street surface. The excavation shall be tamped
sufficiently to keep future settlement to a minimum, such tamping
to be as directed by the Director of Public Works or his representative.
B. Duplicate the existing surfaces with like surfacing
material to conform to said existing street surface, road surface,
curbing, sidewalk areas and grass plantings, as directed by the Director
of Public Works.
C. Replace all damaged or broken drain pipes or conductors,
either through the street or from buildings and residences to the
street.
[Amended 10-7-1985 by Ord. No. 88-85]
A. Pending the actual repaving operation stated in §
204-23, the applicant may use a temporary fill in the excavation of such material as may be directed by the Director of Public Works, to the end that no loose stones, mud or dirt may impede the flow of traffic. The Director of Public Works may, at any time, require any irregularity in the surface to be immediately taken care of and may require temporary paving.
B. The applicant assumes the responsibility of refilling
the excavation, as it may sink from time to time, and keeping it level
with the balance of the street surface.
C. After repavement, the applicant shall be under the
duty of maintaining the excavation for a period of 18 calendar months
and assumes the responsibilities of refilling the excavation as it
may sink. In case of undue settlement, the Director of Public Works,
in his judgment, shall direct the applicant to open the excavation
to ascertain the cause of the undue settlement and to remedy the same.
All engineering costs will be charged to the applicant.
D. Upon the failure of the applicant to comply with any of these requirements, the Township of Readington may do the necessary, repairs and replacements and charge the same to the applicant, as provided for in §
204-19.
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 aggregate
material such as sand or 3/4 quarry blend.
It shall be the responsibility of the applicant
to dispose of all surplus materials from the excavation.
[Amended 10-7-1985 by Ord. No. 88-85; 9-3-2013 by Ord. No.
18-2013]
A. The applicant
shall deposit with the Township Clerk the sum of $75 for an application
fee (nonrefundable) and $50 for a permit fee (nonrefundable) with
each application for each opening to be made in the street.
(1) The applicant shall also post escrow to cover the cost of professional review and inspections associated with the road opening application as provided in Subsection
B below.
(2) Cash
bond. The applicant shall deposit an additional sum of 100% of the
estimated cost of backfilling, compaction and repaving work to be
used to pay the cost of legal services, unrepaired damages or other
legitimate costs to the Township directly related to the project.
B. The initial
review/ inspection escrow shall be as follows:
(1) For
openings located within the right-of-way but outside the Township
road pavement: $300.
(2) For
openings located within the right-of-way and impacting the existing
Township road pavement: $1,200.
C. In the
event an opening runs parallel along a Township road within the right-of-way
for a distance greater than 200 feet, the escrow amount shall be determined
by the Director of Public Works.
D. Escrows
shall be replenished as directed by the Township during the progress
of the work. Any unexpended escrow monies shall be returned to the
applicant, except for a final fee of $100, within two months after
the expiration of the eighteen-month maintenance period.
[Amended 9-3-2013 by Ord. No. 18-2013]
A. Surety bond. The applicant may submit a surety bond, in lieu of the cash bond calculated under §
204-27A which, upon approval of the Township Attorney, shall have the same force and effect as a cash bond. Said bond shall, by its terms, provide for payment of any damages by or from the acts of the applicant, 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 or longer basis in an amount of $5,000.
B. The surety and cash bonds shall remain in effect and shall not be released until the costs and final fee calculated under §
204-27 have been paid to the Township and until the issuance of the final release by the Director of Public Works.
[Amended 10-7-1985 by Ord. No. 88-85]
All streets so restored shall be subject to final release and acceptance, in writing, by the Director of Public Works. No deposit money as specified in §
204-27 shall be returned nor bond released until 18 months after the completion of the project and its acceptance by the Director of Public Works, and then only upon the above-written certification, as stated, that said work has remained in a satisfactory condition for said 18 months.
[Added 12-17-2007 by Ord. No. 41-2007]
A. Notwithstanding anything to the contrary in this chapter, except in the event of an emergency where immediate repairs must be made as provided in §
204-12 above, there shall be no excavating, drilling or any other similar disturbance made to any newly constructed, paved, repaved or improved public street, road surface, curbing or sidewalks located within the right-of-way of any street or road in the Township of Readington for a period of five years from the date the work on such street, road surface, curbing or sidewalk has been completed.
B. Prior to the Township beginning a particular roadway
construction or improvement project in the municipality that would
limit a utility from excavating or otherwise opening the roadway for
a utility line or service connection installation, the Township will
notify such utility companies already operating within the Township
that the project is pending. Any such company that wishes to perform
a roadway excavation on the affected roadway must do so within 90
days after notification has been given from the Township that the
roadway improvement project will be undertaken.
[Amended 10-4-1999 by Ord. No. 20-99]
Any person or corporation who violates the provisions
of this article shall, upon conviction, be subject to a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days and/or a period
of community service not exceeding 90 days.