BE
IT RESOLVED by the Board of Chosen Freeholders of the County of Middlesex
and State of New Jersey, as follows:
SECTION
1. That no person, firm, corporation, public utility, authority
or municipality, shall hereafter, open or excavate any portion of the
right-of-way of any road, highway, street or avenue in the County of
Middlesex, owned, maintained or controlled by the County of Middlesex
as a part of the County road system, for any purpose whatsoever without
first making application for and receiving a permit thereof, signed
in the name of the County of Middlesex by the County Road Supervisor,
or one of his authorized agents. The construction of concrete curbs
and/or gutters along streets or roads shall be considered as tearing
up or opening of County Roads or streets and shall come under the provision
of this resolution. The creating or widening of a driveway or for the
construction of a driveway or street at its connection with a County
road shall come within the provisions of this resolution.
SECTION
2. The written application shall state the name and address of the
owner of the facility for whom the work is being done, the name and
address of the contractor and/or subcontractor performing the work,
number of the County road to be opened, the nature, location and purpose
of the excavation, anticipated time of completion, a statement that
the permittee will comply with all resolutions and laws related to the
proposed work, and any other data as may be reasonably required by the
County Road Supervisor. The application shall be accompanied by a reasonably
accurate sketch plan in triplicate, showing the location, dimensions
of the proposed opening. A separate permit shall be required for each
and every opening. Both the owner and the contractor shall sign the
permit application and shall be jointly and separately bound for all
obligations of the permit and shall be referred to hereafter as permittees.
A permit shall not be transferred except upon prior written consent
of the County Road Supervisor.
The County will charge the residential permittee a minimum Fifty Dollar
($50.00) inspection fee for each and every inspection. Utility Company
and/or commercial permittees will be charged a minimum One Hundred Dollar
($100.00) inspection fee for each and every inspection. Saturday/Sunday
and/or Holiday inspections require previous approval from the County
Road Supervisor - a minimum of $200.00 or the inspector's accrued cost
will be charged for each and every inspection. The County Engineer's
and/or County Road Supervisor's decision on the extent of inspection
charges to be levied shall be final in all cases.
No person to whom a permit has been issued shall disturb or move pavement
other than that for which this permit provides for.
When deemed to be in the best interests of the County and in the sole
discretion of the County Road Supervisor after consultation with the
County Engineer, the permit to be issued may deny any open cut method
and require directional boring or jacking method for installation of
utilities across County roads, when it is determined that one (1) or
more of the following benefits would be present:
1. The pavement would not be open cut.
2. The pavement integrity would be maintained.
3. Settlement concerns would be eliminated.
4. Vehicular traffic would be maintained along the County road while
the work was on-going.
5. Traffic signals would not be affected.
SECTION 3. No permits will be issued for openings in excess of
ten (10) square yards in area, except for emergency openings, requirements
of law, or at the County Road Supervisor's discretion, during the period
from the first day of December to the fifteenth day of March.
SECTION 4.
A permit application fee of One Hundred Dollars ($100.00) shall be charged
by the County Road Supervisor for the issuance of each residential permit.
A permit fee of Two Hundred Dollars ($200.00) shall be charged by the
County Road Supervisor for the issuance of each Utility Company and/or
commercial permit. Persons found excavating in County Right of Way without
a permit WILL BE REQUIRED TO CEASE WORK IMMEDIATELY and
shall be fined a minimum of Five Hundred Dollars ($500.00) not to exceed
a maximum of Two Thousand Dollars ($2,000.00) and will be required to
furnish a Four Hundred Dollar ($400.00) application fee plus inspection
fees as determined by the County Road Supervisor or his Designee, and
any additional costs incurred by the County if this department is needed
to make the necessary repairs.
If Contractor/Subcontractor/Developer fails to respond to after-hour
calls for emergency repairs within their project limits, the County
will impose a minimum fine of Two Thousand Dollars ($2,000.00) plus
expenses for each occurrence.
SECTION 5.
A permittee/contractor and/or subcontractor shall furnish the County
Road Supervisor with a Certificate of Insurance which indicates that
he has in force and will maintain in force during the performance of
the excavation work and the period of the excavation permit, Comprehensive
General Liability insurance, including X, C, & U coverage, which
names the County of Middlesex as an additional insured and has limits
of not less than $1,000,000.00 for any one person, $1,000,000.00 for
any one accident and $300,000.00 property damage duly issued by an insurance
company authorized to do business in this State. The certificate holder
shall be listed as the County of Middlesex, P.O. Box 7356, North Brunswick,
New Jersey 08902 and shall include a 30-day notice of cancellation.
SECTION 6.
All permit fees, including Public Utilities, Municipalities, their contractors
or contractors of State or Federal agencies shall deposit with the Treasurer
of the County of Middlesex in the form of a Certified Check, Bank
Draft, or Money Order in an amount equal to $10.00 per square yard
of disturbance, for each and every opening made in any concrete or bituminous
concrete pavement, and in the amount of $8.00 per square yard of disturbance,
for each and every opening made in other types of surfaces within County
Right of Way, but in no case less than $500.00, unless said deposits
are specifically waived at the discretion of the County Road Supervisor.
The deposits required herein shall be held in escrow by the County.
The accrued inspection fees for the project will be deducted from said
deposits. Upon satisfactory completion of all work and upon receipt
of all necessary approvals from the County Engineer and/or County Road
Supervisor, and the Board of Chosen Freeholders; then the balance of
the aforesaid deposit shall be returned to the permittee as provided
for herein.
Permittees who are subject to the jurisdiction of the Middlesex County
Planning Board, with the performance guarantee requirements in place
as prescribed by the County Engineer, may be required to submit additional
deposits with the Department of Highways for obtaining Road Opening
Permits. However, should the County Road Supervisor, upon final inspection,
determine that construction within County Right of Way was unsatisfactory
and/or otherwise in violation of the approved plans and should the permittee,
upon receipt of written notice of deficiencies fail to remedy the same
in a reasonable amount of time, then the County Road Supervisor shall
initiate the process to deduct from the permittee's performance guarantee,
all expenses incurred by the Department of Highways in performing the
necessary repairs to remediate same. Said costs to be based on current
annual County contract rates, if such are in effect, or a schedule of
costs maintained by the County based on rates in the contractor's blue
book plus 15%.
Any reinspection performed as a result of unsatisfactory or incomplete
work may require additional inspection fees in each instance.
The County Road Supervisor shall have the right to perform borings in
the pavement, cut cores in the pavement or to perform other investigations
as deemed necessary to confirm that the provisions of the Road Opening
Permit have been satisfied. The cost of such investigations shall be
deducted from the escrow amount calculated above if the work is found
to be deficient. The County Engineer and/or County Road Supervisor at
his sole discretion may require the permittee to enter into a maintenance
bond with a surety company in the sum equal to 10% of the escrow amount,
said bond and surety company to be satisfactory to the Board and the
bond shall be in place for a period of ONE (1) YEAR FROM THE DATE OF
ACCEPTANCE OF SAID WORK BY THE BOARD and shall provide that the permittee
guarantee the work in the manner required by the specifications.
The County Engineer and/or County Road Supervisor may require an extended
maintenance period or an additional maintenance bond depending upon
the nature of the work involved or the workmanship achieved during construction.
The escrow amount held by the County shall only be released when maintenance
bonds as described above have been accepted by the Board of Chosen Freeholders.
Each bond filed pursuant to this Section shall be in a form satisfactory
to the County Counsel. The bond shall be executed by the permittee as
principle and surety company licensed to do business in the State of
New Jersey as surety and shall be conditioned as follows:
(1) To indemnify
and hold harmless the County of Middlesex for all loss, damage, claim
or expense, including expenses incurred in defense of any litigation
arising out of injury to any person or property resulting from any work
done by the permittee under the permit.
(2) To indemnify the County of Middlesex for any expense incurred in
enforcing any of the provisions of this section.
(3) To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act or admission of the permittee,
his agents, employees or subcontractors done in the surface and foundation
of the road for which the permit is granted in the manner acceptable
to the County Engineer and/or County Road Supervisor or their designee.
The bond shall be conditioned upon the permittee restoring surface and
foundation of the streets abutting the work site and those streets which
had sustained damage through the use of construction equipment and by
other construction vehicles which had been utilized for the transportation
of material to and from the work site for which the permit is granted
in a manner acceptable to the County Engineer and/or County Road Supervisor,
or their designee.
SECTION 7.
For utility main construction, other or additional regulations may be
prescribed by the Board of Chosen Freeholders. Plans for such projects
must have the approval of the County Engineer before a permit may be
issued. Such approvals must be in writing with a copy provided to the
County Road Supervisor.
SECTION 8.
Prior to the start of any paving or repaving work by the Department
of Highways on any County road, the County Road Supervisor shall mail
a written notice thereof to each permittee of any sewer, main, conduit,
or other utility in or under said County road or any real property,
whether improved or unimproved, abutting said County road. Such notice
shall notify such permittee that no excavation permit shall be issued
for openings, cuts, or excavations in said County road for a period
of five (5) years after the date of such resurfacing, except as provided
for herein. Such notice shall also notify such permittee that applications
for excavation permits, for work to be done prior to such paving or
repaving, shall be submitted promptly in order that the work covered
by the excavation permit may be completed not later than forty-five
(45) days from the date of enactment of such notice. Notice of the proposed
paving or repaving of any County road shall be published in any newspaper
circulating in the area where the work is proposed to be done, notifying
all property permittees that any excavation must be completed not later
than forty-five (45) days from the date of the enactment of the County
resolution authorizing the work or forty-five (45) days from the County
Road Supervisor advising the Board of Chosen Freeholders of his intention
to commence work on said roadways.
Within said forty-five (45) days, every public utility company receiving
notice as prescribed herein shall perform such excavation work, subject
to the provisions of this resolution, as may be necessary to install
or repair sewers, mains, conduits, or other utility installations. In
the event any permittee of real property abutting said County road shall
fail within said forty-five (45) days to perform such excavation work
as may be required to install or repair utility service lines or service
connections to the property lines, any and all rights of such permittee
or his successors in interest to make openings, cuts or excavations
in said County road, shall be forfeited for a period of five (5) years
from the date of enactment of said resolution. During said five-year
period no excavation permit shall be issued to open, cut, or excavate
in said County road unless, in the judgment of the County Engineer and/or
County Road Supervisor, either an emergency as described in this resolution
exists which makes it absolutely essential that the excavation permit
be issued, or the permittee has demonstrated to the satisfaction of
the County Engineer and/or County Road Supervisor, that it has investigated
all other alternatives and that the issuance of an excavation permit
is the only one which is feasible. Should an excavation permit be issued
within said five (5) year period, then the permittee shall be required
to pay a fee, in addition to any other applicable fees, based upon the
following schedule:
(a) if the permit is issued during the first year - $1,000;
(b) if the permit is issued during the second year - $800;
(c) if the permit is issued during the third year - $600;
(d) if the permit is issued during the fourth year - $400;
(e) if the permit is issued during the fifth year - $200
A permittee obtaining
such emergency permits shall observe any special backfill or other construction
requirements requested by the County Engineer and/or County Road Supervisor.
All emergency work performed in the absence of a County representative
shall be subject to testing, if deemed necessary, to determine that
conditions of said permit have been satisfied. All testing costs shall
be charged to the permittee.
Permittees who are the owner/occupiers of one-family, two-family, three-family
and four-family homes shall be exempted from the payment of the additional
fee provided herein. The County Road Supervisor shall develop criteria
which shall be utilized to evaluate whether the additional fee constitutes
a financial hardship for permittees who are small businesses, as defined
by the New Jersey Department of Commerce and Economic Development in
N.J.A.C. 12A:10-2.1(b). Upon a showing that a small business permittee
meets the established criteria, the County Road Supervisor shall have
the authority to waive the additional fee.
SECTION 9.
Wherever it is necessary to cross over, through or under existing bridges,
culverts or storm sewers, plans must be filed with the County Engineer
which will outline in detail the proposed method of crossing such structures.
No work of any kind whatsoever shall be performed until the said supplemental
plans have been approved by the County Engineer. Such approvals must
be in writing with a copy provided to the County Road Supervisor.
Detailed plans of all construction proposed at waterways and bridges
shall be submitted to the New Jersey Department of Environmental Protection
and Energy, for approval when required; after which an approved copy
shall be forwarded to the County Engineer for approval.
SECTION 10.
If future installation of drainage or sewer facilities or the regrading
and/or realignment and widening of pavements is prevented by the presence
of the underground County structures covered by this permit, then the
cost of making the necessary changes in said structures, so as to permit
installation of the proposed drainage or sewer facilities or to permit
regrading and/or realignment and widening of pavements, shall be borne
by the permittee.
SECTION 11
- Maintenance of a Modified Signal System (Intersection) and/or New
Traffic Signal System (Intersection): The contractor/ subcontractor/developer
is responsible for routine and emergency maintenance and operation of
the modified signals of the newly installed traffic signal system (intersection)
until approval of installation by the New Jersey Department of Transportation
or acceptance of the project by the Board of Chosen Freeholders. This
includes, but is not limited to, the following items which are necessitated
for the safe operation of the entire signalized intersection: poles,
mast arms pedestals, traffic signal heads and lamps, wire, overhead
wiring, foundation, conduit, detectors, controllers and timing sequences,
associated highway lighting units and electric services. The maintenance
responsibility for existing signals shall be from the time the contractor/developer
first alters the existing traffic signal, in any manner, until approval
of installation by the State or acceptance of the project by the Board
of Chosen Freeholders. Should the contractor's/subcontractor's/developer's
forces cause any damage to any signal system, modified, existing, or
newly installed as part of the contract or site plan/subdivision conditions
of the County Planning Board, or should any portion of the signal system
fail or malfunction for any reason, it shall be the contractor's/subcontractor's/
developer's responsibility to effect immediate repairs and return the
signal to normal operation. The contractor/ subcontractor/developer
shall also bear the risk of loss or damage to the signal system arising
due to third person or persons, vehicular accidents, vandalism, or from
any other cause until approval of installation by the State or acceptance
of the project by the Board of Chosen Freeholders.
The contractor/subcontractor/developer shall promptly repair, replace,
and make good any such damage or loss at no additional expense to the
County. Work shall begin to repair the signal system within a maximum
of two hours after the damage is caused or after the contractor/subcontractor/developer
is notified of damage or a malfunction. Workmen assigned to such repair
shall work continuously until the signal resumes normal operation.
In addition, if the contractor/subcontractor/ developer fails to respond
to a failure or knockdown within two hours after notification, or does
not begin work within the two-hour limit specified, or does not continue
to work until the traffic signal is back into normal signal operation,
in the interest of safety, the County may respond with its own forces
to restore normal signal operation. If the County responds with its
own forces to effect repair at the intersection(s), the Contractor/Subcontractor/Developer
agrees to pay the County a sum of $5,000 for costs of mobilizing its
forces and equipment. In addition, the contractor/ subcontractor/developer
shall pay the County its labor costs, actual cost of material used to
effect the repair, and shall pay the actual cost of traffic protection
to the agency providing the police, etc. Any such emergency work performed
by County forces will not in any way diminish the Contractor/Subcontractor/Developers'
liabilities as described hereunder.
Additional rights and/or remedies also exist under work which is covered
totally under a Bond as required for a County Planning Board Approval.
All materials, labor, equipment, fees, energy costs and all else necessary
for the contractor/ subcontractor/developer to maintain the signal in
operation shall be at his own expense.
Prior to the start of installation or modification of the existing traffic
signal, the Department of Highways & Bridges shall be given the
names and telephone numbers of the person or persons to be contacted
should a failure or damage occur. These persons shall be a licensed
electrical contractor having a license to do business in the State of
New Jersey and familiarity with traffic signal construction and operation.
The developer/contractor/subcontractor agrees to be fully liable for
the operation of the traffic signal for the term of the contract or
release of bond by the County Planning Board until NJDOT's approval
is granted or acceptance of the project by the Board of Chosen Freeholders
and agrees to defend, indemnify and otherwise save harmless the governmental
agency, its departments, bureaus, boards, officials, and employees from
any and all claims, demands, suits, recoveries, judgements or actions
at law, whether for personal injury, property damage or liabilities
of any kind, including the cost of defense which arise from acts or
omissions whether negligent or not of the contractor/developer, or his
agents, employees, servants, subcontractors, material men or others
working for the
contractor/developer in the construction and/or maintenance of the traffic
signal installation(s) at his own expense.
SECTION 12 -
SITE PLAN RESOLUTION/ DEVELOPER AGREEMENT CONDITIONS
MAINTENANCE/JURISDICTION
Upon completion
of construction and approval of installation by NJDOT or acceptance
by the Board of Chosen Freeholders of the traffic signal system and
equipment, the County, Municipality, and Developer, shall accept and
retain jurisdiction of their respective portions of the roadway improvement
and maintain them in a manner satisfactory to the County and State.
The County shall be responsible for the operation and maintenance of
the traffic signal installation in accordance with the County/Developer's
agreement. This includes signing, striping, and above ground and under
ground traffic signal equipment. All warranties and guarantees associated
with items of work will be transferred to the County upon acceptance
of maintenance and prior to release of guarantees or bonds. The electrical
costs for the traffic signal and street lighting will be the responsibility
of the Municipality/ Developer/Property Owner.
The MUNICIPALITY and DEVELOPER/ PROPERTY OWNER shall maintain their
respective roadway pavement in a condition sufficient to accept the
detection equipment associated with the traffic signal system. The MUNICIPALITY
and DEVELOPER/ PROPERTY OWNER shall effect pavement repairs as necessary
or within two months of written notice, which notice shall be served
upon the Clerk of the MUNICIPALITY and DEVELOPER/PROPERTY OWNER. If
the pavement is not repaired or replaced, the COUNTY reserves the right
to terminate the Agreement and/or, upon thirty day written notice, to
perform the roadway pavement work. The MUNICIPALITY and DEVELOPER/PROPERTY
OWNER shall be responsible for all costs incurred by the COUNTY in the
performance of this roadway pavement work in their portions. If Developer/Property
Owner/Municipality fails to perform pavement repair or reimburse repair
cost to the County, the County will seek legal means to resolve the
dispute.
SECTION 13.
Inlet Castings shall conform to the new Storm Water Management Regulations
(NJAC 7:8), Cast Iron Curb Piece for inlets shall be Campbell Foundry
Type N-Eco or equal; and grate for inlets shall be bicycle safe.
SECTION 14.
The County road when opened pursuant to this resolution and permit shall
conform to the most recent restoration designs, plans, details, specifications
and method of construction and traffic control devices as required by
the County Engineer.
When deemed to be in the best interests of the County and in the sole
discretion of the County Road Supervisor after consultation with the
County Engineer, the permit to be issued may deny any open cut method
and require directional boring or jacking method for installation of
utilities across County roads, when it is determined that one (1) or
more of the following benefits would be present:
1. The pavement
would not be open cut.
2. The pavement integrity would be maintained.
3. Settlement concerns would be eliminated.
4. Vehicular traffic would be maintained along the County road while
the work was on-going.
5. Traffic signals would not be affected.
All permits issued under this section shall be subject to the following
rules and regulations:
1. Safety
a. All work shall be conducted in such
a manner as to cause the least public inconvenience and to permit the
use of the sidewalk by pedestrians, the roadway by vehicles and the
flow of water in the gutters. All openings, digging, excavation, piles
of material, equipment, machinery, barricades or obstructions, including
earth and stone removed from excavation shall be properly guarded at
all times to prevent accidents and a sufficient number of lights, lanterns
or flares shall be maintained between sunset and sunrise by the person
whom such permit has been issued to designate such openings or obstructions
during the hours of darkness. Reflective barrels, blinking lights, warning
signs, flagman, uniformed traffic officers and all other man-powered
equipment as required by or directed by the County Engineer and/or County
Road Supervisor shall be provided.
b. The work area shall be continuously
passable by all emergency vehicles during all phases of the work.
c. In the event that the work requires
the detour of the vehicular traffic, the permittee shall submit a detour
plan for review and approval by the County Road Supervisor, who at his
sole discretion, may require the approval of the municipalities involved
prior to any road closings.
d. If any sidewalk is blocked by any such
work, a temporary sidewalk shall be constructed or provided, which shall
be safe for travel and convenient for users.
2. All existing pavements, road surfaces, sidewalks, curbs, gutters,
pipes, manholes, drains, conduits or other installation or fixtures
and property liable to be injured, damaged or destroyed shall be properly
protected by the person doing any work for which a road opening permit
has been issued during the time when such work is being performed and
the responsibility for any such damage shall be assumed by the person
to whom such permit has been issued.
3. No person shall divert or discharge water into, upon or across any
County road or sidewalk so that a nuisance is created or a hazardous
condition is caused to exist as a result of the work of the permittee
or be cause for the pavement or road surface to be damaged thereby.
4. It shall be unlawful to make any such excavation or tunnel in any
way contrary to or at variance with the terms of the permit thereof.
Proper bracing shall be maintained to prevent the collapse of adjoining
ground, and protection of the workers shall be in accordance with the
regulations of the New Jersey Department of Labor and Industry and the
Occupational Safety and Health Administration; the excavation shall
not have any portion below the surface extending beyond the opening
at the surface.
5. No injury shall be done to any pipes, cables, or conduits in the
making of such excavations or tunnels. Notice shall be given beforehand
to the utility company maintaining any such pipes, cables or conduits
or to the officer charged with the care thereof, which are or may be
endangered or affected by the making of any such excavation or tunnel.
The permittee shall not be authorized to proceed with any excavation
until he submits to the County Engineer and County Road Supervisor a
reference number stating that NEW JERSEY ONE CALL was notified at:
"NEW JERSEY ONE CALL"
399 Hoes Lane
Piscataway, NJ 08854
1-800-272-1000
All work by the permittee shall be done in accordance with the provisions
of N.J.S.A. 34:6-47.1 et.seq., and in accordance with the provisions
of the Federal Occupational Safety and Health Act of 1970 and of subpart
N, Paragraph 1926.550 of the Rules and Regulations issued under said
act.
6. No work shall occur in such a manner as to result in damage or destruction
of any property of Middlesex County unless this is necessary for completion
of the work and written permission has been obtained in advance from
the County Engineer and/or County Road Supervisor.
7. The permittee shall clean up and remove promptly from the work site
at the end of each work day, all surplus excavated material and debris,
and upon final completion of the project shall leave the site of work
in a neat and orderly condition as good as it was previously.
Where top soil, seeded areas or sod are disturbed in the course of the
work, permittee shall restore such ground surfaces to a condition equal
to that prior to commencement of work.
8. If a permittee shall fail to comply with the rules and regulations
as provided in this Section, within forty-eight (48) hours after receipt
of written notice, then the County reserves the right to take any action
to insure compliance with the Section. In that event, the permittee
shall be charged with the cost of same at a rate determined by the County
Engineer and/or County Road Supervisor, or their designee based on annual
County Contract rates, if such are in effect, or a certain schedule
of costs maintained by the County Engineer, based on the rates in the
contractor's blue book plus fifteen (15%) percent. The expense incurred
shall be deducted from the deposit, if any, posted by the permittee.
Permittee shall be responsible for the expense incurred by the County,
if the surety is insufficient to cover such expenses. Any monies due
to the County in excess of the deposit shall be billed upon completion
of the work and shall be paid by the permittee within thirty (30) days
after the receipt of the bill. Failure to pay such dues shall result
in the permittee paying the maximum interest rate allowed by law, as
well as any attorneys' fees and costs incurred by the County in furtherance
of the collection of said monies.
The County Engineer and/or County Road Supervisor shall also have the
authority to deny all future permits until differences identified above
are corrected to the satisfaction of the County Engineer and County
Road Supervisor.
NON-LIABILITY OF COUNTY. The County shall not be liable for damages
for any personal injuries or damage to property sustained as the result
of any excavation or opening in any street made by any person by virtue
of the provisions of this chapter.
Neither the County nor any of its employees shall be deemed to be the
agent or the servant of the permittee for any of the purposes of this
section.
INDEMNIFICATION. Every permittee shall, as a condition for accepting
any permit issued hereunder, save and hold harmless the County and indemnify
the County, its officers, agents, servants and employees from and against
any and all loss, damage, claim, expense or demand whatsoever arising
out of any matter or resulting of the opening of any street and the
issuance of a permit therefore as provided in this section.
RELEASE OF DEPOSIT OR BOND. No security deposit, certified check or
performance bond shall be released until all repairs, payment of all
monies due to the County pursuant to this resolution, and the restoration
and repaving of excavated areas to the satisfaction of the County Engineer
and/or County Road Supervisor or their designee are completed and a
one (1) year guarantee period, if required, in a form acceptable to
County Counsel is in place to insure proper installation and maintenance.
Deposits and bonds shall be released only by a resolution by the Board
of Chosen Freeholders.
SECTION 15.
Within twenty-four (24) hours after the work is performed for which
the opening was made, road repair and backfilling shall be done in accordance
with details prepared by the County Engineer which accompanied the permit.
Excavated material shall not be used as back-fill unless approved by
the County Engineer or County Road Supervisor. Backfilling with clay
or heavy black loam shall not be permitted. Temporary pavement or patch
work shall not be permitted. In all cases the opening shall be restored,
as nearly as possible, to the grade, slope and profile that prevailed
at the time of the opening as directed by the County Engineer or County
Road Supervisor.
SECTION 16.
The permittee shall notify the County Department of Highways in writing
at least forty-eight (48) hours in advance of any land disturbance activity.
Likewise the permittee shall notify the Department of Highways at the
completion of the activity or project. Failure to provide such notification
may result in additional inspection fees being imposed on the permittee.
The contractor must notify the Permit Clerk for a final inspection.
If the final inspection has not been requested within one year from
date of permit, all or part of the monies shall be subject to forfeiture
to Middlesex County. The Contractor may request in writing to the County
Road Supervisor an extension of the one-year time limit.
The permittee shall keep a copy of the Road Opening Permit at the site
at all times. The permittee shall retain full responsibility for any
damages which may result from any construction activity notwithstanding
any approvals, in writing, from the County Road Supervisor.
The excavation and the work required to be done shall be completed within
reasonable time. Trenches shall not be kept open when work is not in
progress. If work is stopped for more than 24 hours, the trench shall
be temporarily back-filled. Upon completion of work, it shall be inspected
by the County Engineer and/or County Road Supervisor or their authorized
representative. If found satisfactory, the deposit of the permittee
shall be returned to the permittee. The permittee shall start work within
10 days of issuance of permit and the permit shall remain valid for
50 calendar days from the start of work. If work on the permit does
not start in 10 days then the permit shall expire and a new permit shall
be obtained, unless a written extension is obtained from the County
Engineer or County Road Supervisor. The validity of a permit may be
extended, if so requested, in writing by permittee prior to the expiration
period thereof for such additional periods as determined by the County
Engineer or County Road Supervisor.
SECTION 17.
In the event the repairs are not performed within a reasonable time
after the opening or in the event the County Engineer and/or County
Road Supervisor, or their representatives, do not approve the replacement,
the permittee shall be so notified in writing and shall be given a reasonable
time to correct the deficiencies. Upon failure of the permittee to correct
said deficiencies, the County Engineer and/or County Road Supervisor,
or their representative, shall cause the County road to be properly
repaired and any deposit made by the permittee shall be applied to the
cost thereof. The County Engineer or County Road Supervisor shall also
have the authority to deny all future permits until deficiencies identified
as above are corrected to the satisfaction of the County Engineer and/or
County Road Supervisor. Certification of the costs of said repairs shall
be made by the County Engineer or County Road Supervisor to the County
Treasurer, and the permittee shall be held liable for said costs thereof.
SECTION 18.
The County Engineer and/or County Road Supervisor, at such time or times
as he shall deem necessary, may cause the work being done by the permittee
to be inspected by an agent of the County. All expenses resulting from
said inspection shall be deducted from the deposit held by the County.
The County Engineer and/or County Road Supervisor may, upon failure
of a permittee to comply with the conditions of the permit and upon
reasonable notice, stop any work being performed in the Right-of-Way.
The County shall have the right to remedy any deficiency and assess
the permittee the costs of any remediation said assessments being charged
to and deducted from the deposits held by the County. The County Engineer
and/or County Road Supervisor may deny any and all future permits to
said permittee until trench backfilling, trench restoration and final
repair activities shall be scheduled in succession and shall not be
fragmented.
SECTION 19.
In the event of any emergency in which a sewer, main, conduit or utility
in or under any street breaks, bursts or otherwise is in such condition
as to immediately endanger the property, life, health or safety of any
individual, the person owning or controlling such sewer, main conduit
or utility, without first applying for and obtaining an excavation permit
hereunder, shall immediately take proper emergency measures to secure
or remedy the dangerous conditions for the protection of property, life,
health and safety of individuals. However, such person owning or controlling
such a facility shall apply for an excavation permit not later than
the end of the next succeeding day during which the County Department
of Highways office is open for business, and shall not proceed with
permanent repairs without first obtaining an excavation permit hereunder.
SECTION 20.
Where the permittee is not making progress satisfactory to the County
Engineer or County Road Supervisor or violates any provision of the
permit, the Board of Chosen Freeholders hereby authorizes the County
Engineer and/or County Road Supervisor, to revoke the permit and to
replace, by its own repair force, the pavement removed by said permittee
on any County Road, Highway, or Bridge, at the expense of the permittee.
Written notice shall be given by the County Road Supervisor of intent
to make such repairs. The permittee shall complete proposed construction
within the time specified in the permit. If not done within this time
and if no extension has been obtained, such failure to complete shall
be deemed a violation.
SECTION 21.
The permittee shall maintain vehicular and pedestrian traffic over the
roadway within the scope of the project at all times in accordance with
the MUTCD.
The permittee shall backfill all excavated areas within the roadway
to a grade compatible with the existing traveled way at such times he
is not actively working. This shall include nights, weekends, and periods
of shut downs.
Trenches shall not remain open overnight under any circumstances.
Roadways and shoulders in areas within which the permittee has actually
commenced construction operations and which are reserved for traffic
shall be maintained by the permittee, at his expense, free from obstructions
and in a smooth riding condition at all times, including seasonal shutdowns.
Escape ramps shall be provided at the edges of pavement lifts or at
excavations.
Final responsibility for the installation of adequate precautions and
for the protection of the traveling public and his own personnel, for
the duration of the work, shall rest with the permittee.
Night time operations shall be in accordance with the current NJDOT
Standard Specifications for Road and Bridge Constructions.
Compliance with all prescribed safety precautions contained herein shall
not relieve the permittee of this primary responsibility to take all
necessary measures to protect and safeguard the public nor relieve him
of any responsibilities described in the resolution.
If the excavation extends the full width of the County road, only one-half
of it shall be made at one time, and shall be backfilled before the
other half is excavated, so as not to interfere with traffic. Where
considered necessary, work under permit shall be carried on only within
such hours as allotted by the County Road Supervisor. If work cannot
be completed within time specified, open trenches shall be backfilled
or covered with steel plates of sufficient strength to carry all traffic
safely. Exceptions to this regulation may be made only by the County
Engineer and/or County Road Supervisor. If, in his judgment, traffic
conditions, the safety or convenience of the traveling public or the
public interest require that the excavation work be performed as emergency
work, the County Engineer and/or County Road Supervisor shall have full
power to order, at the time the permit is granted, that a crew of men
and adequate facilities be employed by the permittee twenty-four (24)
hours a day to the end that such excavation work may be completed as
soon as possible. The County Engineer and/or County Road Supervisor
shall also have full power to limit the hours of work as the public
interest may require.
SECTION 22.
Each permittee shall conduct and carry out the excavation work in such
manner as to avoid unnecessary inconvenience and annoyance to the general
public and occupants of neighboring property. The permittee shall take
appropriate measures to reduce to the fullest extent practicable in
the performance of the excavation work, noise, dust and unsightly debris.
SECTION 23.
Users of sub-surface street space shall maintain accurate drawing and
plans, showing the location and character of all underground structures
including abandoned installations. Said drawings and plans are to be
kept on file in the office of said users and shall at all times be available
for inspection by the County Engineer and/or County Road Supervisor.
SECTION 24.
DUMPSTERS, ROLL-OFFS AND DROP BOXES
a. No dumpsters, roll-offs, or drop boxes
may be placed upon any County roadway or right-of-way without obtaining
a permit from the Department of Highways.
b. Before a permit is issued, a written
application must be made and presented to the Department of Highways.
c. Such permits shall only be issued to
persons or contractors engaging in authorized construction or demolition
projects.
d. The County Engineer and/or County Road
Supervisor may attach conditions to the permit to ensure health, welfare
and safety of the pedestrians and motorists. Dumpsters, roll-offs or
drop boxes shall be placed so as not to interfere with pedestrian or
vehicular traffic on any street, highway, road or sidewalk.
e. All containers shall be clearly marked
with the owner's name, address and business phone number and shall be
equipped with reflectors on each side of the container.
f. Each permit shall specify the name
and residence of the applicant, the place and/or places where the container
is to be located, and time period for which the permit is valid. Additionally,
the permit must be visibly exhibited, must be in the possession of the
parties at the site and must be exhibited to the city/county inspectors
or their authorized representatives upon request. No such permit shall
be valid except for place and time specified thereon.
g. Such permits shall be valid for an
effective period, not to exceed 30 calendar days, to be determined and
specified thereon. Such effective period may be extended, if so requested
in writing by the permittee prior to the expiration thereof, for such
additional period as the County Road Supervisor, at the latter's discretion,
may authorize.
h. The County Road Supervisor shall have
the right to revoke or cancel the permit at any time should be permittee
fail to comply with any of the terms, agreements, covenants and conditions
thereof.
i. The permit shall not be assigned or
transferred except upon the prior written consent of the County Road
Supervisor.
j. No person(s) or corporation shall be
granted a permit to place any dumpster, roll-off, or drop box upon any
County roadway or right-of-way unless there shall be deposited with
the County by certified check an amount sufficient to secure the repairing
and/or replacing such street or other surfaces within the street area
as may be determined by the County. The minimum amount deemed sufficient
for such purposes is a fifty dollar ($50.00) fee for each residential
permit and a one hundred dollar ($100.00) fee for each Utility Company
and/or commercial permit. Additionally, a one hundred dollar ($100.00)
escrow fee is required.
k. No certified check shall be released
until all repairing and replacing of streets or other surfaces of appurtenances
within the street area are fully completed to the satisfaction of the
County Road Supervisor or his representative.
l. Upon the failure or default by the
permittee of any part of the conditions set forth, the deposit may be
used by the County for expenses incurred by the County for reasons of
such failure of default on the part of the permittee.
m. After the expense of such failure or
default has been fully deducted from the amount of deposit, as determined
by the County Road Supervisor, the balance shall be refunded to the
permittee. The permittee shall
be responsible for the expenses incurred by the County if fee is insufficient
to cover such expenses
n. Dumpsters, roll-offs and drop boxes
may be
used at non-residential, commercial and industrial sites when approval
is received by the Department of Highways. All solid waste containers
shall comply with all Occupational Safety Health Act (OSHA) and American
National Standards Institute (ANSI) regulations and meet or exceed the
appropriate Waste Equipment Manufacturers Institute (WEMI) specification.
All containers shall be clearly marked with the owner's name, address
and business phone number and shall be placed on an asphalt or concrete
pad of sufficient thickness and length to allow for the proper loading
and unloading without damaging either the pad or adjacent surroundings.
o. All permission is contingent upon local
approvals.
SECTION 25.
RESOLUTION APPLICABLE TO COUNTY WORK. The provisions of this resolution
are applicable to all Contractors/Subcontractors performing excavation
work under the direction of County authorities by employees of the County
or by any contractor/subcontractor of the County performing work for
and in behalf of the County necessitating openings or excavations in
County roads. All fees will be waived.
SECTION 26.
LIABILITY OF COUNTY. This resolution shall not be construed as imposing
upon the County or any official or employee any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder; nor shall the
County or employee thereof be deemed to have assumed any such liability
or responsibility by reason of inspections authorized hereunder, the
issuance of any permit, or the approval of any excavation work.
SECTION 27.
Any person, firm or corporation violating any of the provisions of this
resolution shall be deemed guilty as a disorderly person, and upon conviction
thereof in a Court of competent jurisdiction shall be fined in an amount
not exceeding Two Hundred Dollars ($200.00) or be imprisoned in the
County jail for a period not exceeding thirty (30) days, or by both
such fine and imprisonment. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
SECTION 28.
If any section, sub-section, sentence, clause, phrase, or portion of
this resolution is for any reason held invalid or unconstitutional,
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
SECTION 29.
Written notification by permittee must be given all utility companies
seventy-two (72) hours prior to any County road opening, as regulated
by statute.
SECTION 30.
All resolutions or parts of resolutions in conflict with the provisions
of this resolution are hereby repealed.
SECTION 31. If
permittee does not comply with all above-mentioned requirements -- this
will result in forfeiture of escrow.
SECTION 32.
This resolution shall take effect immediately upon its passage, publication
and approval according to law.
RESOLUT8
FEBRUARY 2005
