2924-25 Ordinance Amending and Supplementing Chapter 20 Sections 1.1 et seq.- Revised 04292025 (002).pdf

Township of West Orange, NJ 1 1 Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to provide specifications for street and sidewalk construction is part of the general Police power, contained in N.J.S.A. 40:69A-29, 30. 2924-25 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 20, STREETS AND SIDEWALKS, AND SUBSECTIONS 20-1 ET SEQ OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 20, Sections 1.1 et seq. of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: I. PURPOSE: The purpose of this ordinance is to amend and supplement Chapter 20, Section 1.1 et seq. of the Revised General Ordinances of the Township of West Orange (the “Township Code”). II. CHAPTER 20, SECTION 1.1 et seq. SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: §20-1.1 et seq BE AND HEREBY AMENDED AND SUPPLEMENTED AS FOLLOWS: § 20-1. EXCAVATIONS.1 § 20-1.1. Permit Required. [1972 Code § 22-1.1; amended 2-9-2021 by Ord. No. 2635-21 ] No person shall open, dig up, or excavate any street or sidewalk, or any portion thereof for the purpose of connecting any pipe or conduit pipe with a water or gas main, or for any other purpose whatsoever, unless the applicant shall first obtain a permit from the Municipal Engineer. § 20-1.2. Provisions of Permit; Procedures; Fees. [1972 Code § 22-1.2; Ord. No. 729-84 § 3; Ord. No. 1328-95 § 4; amended 2-9-2021 by Ord. No. 2635-21 ] a. The permit shall be in writing, signed by the Township Engineer or his/her representative and shall include: 1. A description of the work to be performed. 2. A reason for said work. 3. The street address including the nearest cross streets where the excavation is to be made. 4. A plan or sketch in proper scale indicating the size and location of the proposed openings which shall include: a. The distance in feet from the nearest intersection and from the nearest curb line; b. The dimensions of the opening including length and width; c. The existing parking restrictions. 5. The start and estimated completion dates. 6. The type of pavement to be opened.

Township of West Orange, NJ 2 7. The name and address of the compaction testing company or laboratory, as required by the Municipal Engineer. 8. Photographs of the street or roadway which will be impacted by the proposed work and the areas immediately adjacent thereto as it exists at the time of the application for the permit. 9. A utility mark out within the area affected. Applicant is responsible for contacting the West Orange Department of Public Works for all Sanitary and/or Storm sewer utility mark outs during working hours, or to notify West Orange Police during all other hours and request a DPW Sewer employee be dispatched. Applicant must notify NJ State One-Call System (811) for all other public utility mark outs. If a utility is damaged, including service connections, immediately notify the affected Utility Company and the Municipal Engineer or Department of Engineering. West Orange Police must be notified for damages that occur during all off-hours emergency work. 10. A written agreement to completely restore the area affected within a specified number of calendar days after the first disruption thereof to the condition it was at the time it was first completed. The selected period of time is subject to the approval of a representative of the Department of Engineering. 11. Specifications, matching those used to construct the street or roadway in the first place, for the complete restoration of any and all bituminous paving, concrete sidewalks, concrete or block curbs, brick pavers, bollards, light poles, benches, trash receptacles, planters, sign posts, parking meters or control boxes, and any and all other aspects of the street or roadway that may be disrupted or impacted in any way by such work. 12. All water valves, gas valves, storm and sanitary sewer castings are to be reset to grade prior to paving operations in accordance with sections 602.03.03- Set Casting, Reset Casting and Reconstructed Inlet and Manhole, 651.03.07-Reset Water Valve Box, 652.03.07-Reset Manhole Sanitary Sewer, and 653.03.04-Reset Gas Valve Box of the latest version of NJDOT Standard Specifications for Road and Bridge Construction. 13. An itemized and detailed estimate of the cost of the proposed work, including the cost of complete restoration of the full-width of street or roadway prepared by the applicant’s architect or engineer. 14. A written agreement to submit

of the cost of the proposed work, including the cost of complete restoration of the full-width of street or roadway prepared by the applicant’s architect or engineer. 14. A written agreement to submit photographs of the street or roadway once the Department of Engineering representative has approved the complete restoration of the street or roadway. 15. The Applicant must submit a copy of the Public Works Contractor Registration Certificate issued by the N.J. Department of Labor and Workforce Development to work on any public or private property that requires road opening. b. No trees within the Township right-of-way shall be disturbed or removed without permission of the Township Forester.

Township of West Orange, NJ 3 c. Application Procedures 1. Application for a permit for the installation of a main line of a utility or drainage system running parallel to the Township right-of-way shall be made to the Department of Engineering. Such application must include a detailed plan showing the limits of such an installation, the depth of the main and utility and other necessary information including full compliance with the requirements and subject to the conditions hereafter provided. Upon approval of the plan by the Municipal Engineer, a permit will be provided. 2. Applications for a permit for the installation of a house connection for water, sewer, or any other purpose where the excavation does not run parallel to the Township right-of-way shall, upon compliance with the requirements, and subject to the conditions hereafter mentioned, be granted a permit. Application for the permit for the installation of water connections that require the excavation or removal of the surface pavement, curbing, or sidewalk shall be made at the Department of Engineering. Upon Approval of the Municipal Engineer, a permit will be granted. 3. All Other Applications. Applications for all other street openings requiring the excavation or removal of the surface pavement, curbing or sidewalk not provided here before shall be made at the Department of Engineering. A permit shall be issued when it can be determined that (i) the necessary documents are acceptable in form and substance, (ii) the applicant has paid the review and inspection fee, (iii) the applicant has posted sufficient insurance, (iv) the applicant has satisfied all other requirements applicable to the issuance of permits in the Township of West Orange. 4. Fees a. The applicant shall pay an application review in an amount to be set by Resolution for each individual Township Street or Roadway affected in a project. b. Additionally, upon issuance of the permit, the applicant shall pay to the Township a fee, in a matter set forth by Resolution at the approval of the Township Council. 5. Authority of the Department. a. The Municipal Engineer or Designated Representative (Department) has the authority to direct the work and the Contractor/Permittee has an obligation to proceed as directed. The Department has the authority to reject work that is not in conformance with the Contract or Permit and direct its

ct the work and the Contractor/Permittee has an obligation to proceed as directed. The Department has the authority to reject work that is not in conformance with the Contract or Permit and direct its removal and replacement. If the Contractor/Permittee fails to promptly remove or replace defective work as directed by the Department, the Municipal Engineer has the authority to direct others to remove or

Township of West Orange, NJ 4 replace the work. The Department has the right to recover costs incurred for such removal and replacement from the Contractor/Permittee. b. The Municipal Engineer will decide questions that arise concerning the following: 1. Quality and Acceptability of the work. 2. Progress of the work. 3. Interpretation of the Contract or Permit 4. Modification of the Contract or Permit 6 Responsibilities of the Contractor/Permittee a. Provide labor and equipment sufficient to perform the work, as specified in the Contract or Permit to completion. Ensure that the labor and equipment used to perform the work does not cause damage to public or private property. Provide workers that have sufficient skill and experience to properly perform the work necessary under the Contract or Permit. Provide equipment of sufficient size and mechanical condition to meet the requirements of the job. b. The Contractor/Permittee shall provide an on-site Supervisor and alternate, or provide a third-party inspector that is competent, English-speaking, and experienced in the type of construction performed on the job at the Contractor’s expense. This person should be agreed upon by the Department prior to starting work. Contact name and phone of the on-site Supervisor and alternate must be provided prior to the commencement of the work. 7. Risks assumed by the Contractor/Permittee The Contractor/Permittee assumes the following distinct risks, whether they arise from acts or omissions, negligent or not, and whether such risks are within or beyond the control of the Contractor/Permittee. a. Damage Caused by the Contractor/Permittee- The Contractor/Permittee bears the risk of all loss or damage caused by the Contractor/Permittee, their agents or employees, subcontractors, suppliers, or delivery persons. Protect and preserve all private and public property from damage or loss in performance of the work. Promptly repair or replace such damage or loss as directed by the Department. b. Risks of Loss or Damage to the Construction- Until final acceptance and review of the project, the Contractor/Permittee bears the risk of all loss or damage to construction performed under the Contract/Permit. Promptly repair or replace such damage or loss. The Department will not make any payments or modify the Contract/Permit time period for such repairs.

Township of West Orange, NJ 5 c. Risks of Claims on Account of Injury, Loss, or Damage- The Contractor/Permittee bears the risk of claims, just or unjust, by third parties made against the Contractor, Permittee, or Township of West Orange on account of injuries, wrongful death, loss, or damage of any kind whatsoever arising or alleged to arise out of or in connection with the performance of the work. d. Risks of Loss to Property of Those Performing the Work- The Contractor/Permittee bears the risk of loss or damage to any property of the Contractor/Permittee, and of claims made against the Contractor/Permittee or the Township for loss or damage to any property of subcontractors, workers, and others performing the work at any time before removal of said property from the project limits or Township property. 8. Suspension of Work, Suspension of Permit- The Municipal Engineer has the right to suspend the work, wholly or in part, as deemed necessary for the following reasons: a. Contractor/Permittee fault- including but not limited to, failure to fulfill Contract requirements, failure to comply with the provisions and procedures of the Permit, working in an unsafe or reckless manner, failure to correct unsafe conditions, and/or failure to carry out directions of the Department. b. Convenience of the Department- this direction will be sent to the Contractor/Permittee in writing. c. Unsuitable Weather Conditions- to be determined by the Department. § 20-1.3. Deposit to Cover Cost of Replacement; Bond. [1972 Code § 22-1.3; Ord. No. 1328-95 § 5; amended 2-9-2021 by Ord. No. 2635-21 ] The applicant shall upon receiving the permit, in order to secure the Township, deposit with the Township a sum to be determined by the Township Engineer, based on the area of the excavation and twice the prevailing cost of replacement, for such excavation. The minimum bond shall be $3,000 cash. The deposit shall be forwarded to the Township Treasurer, who shall use it to defray the expense of the Township in maintaining and completing the work of repairing or replacing the street or road or part thereof, if the permittee has not maintained or completed it to the satisfaction of the Engineer. In lieu of the deposit, the applicant may, at the Township's option, give bond to the Township in the sum of $50,000 with surety or sureties as the Township Council shall approve, conditioned for

eer. In lieu of the deposit, the applicant may, at the Township's option, give bond to the Township in the sum of $50,000 with surety or sureties as the Township Council shall approve, conditioned for the payment from time to time of the expenses of repairing or replacing any and all streets or roads or parts thereof, so torn up or excavated upon permits issued therefor. § 20-1.4. Deposit Payment of Additional Sum. [1972 Code § 20-1.4; Ord. No. 1328-95 § 6]

Township of West Orange, NJ 6 The deposit of any surplus after the completion of the work shall be returned to the applicant within 180 days, upon written authorization of the Township Engineer. If any additional sum is required, it shall be paid by the applicant upon receiving written notice to that effect from the Township Engineer. § 20-1.5. General. [1972 Code § 22-1.5; amended 2-9-2021 by Ord. No. 2635-21 ] a. General. The New Jersey State Department of Transportation 2019 Standard Specifications for Road and Bridge Construction, or latest revision, shall govern all of the work performed under Township of West Orange Road opening permits, except as supplemented below: 1. Any work under an issued permit must be commenced within three months from the date of issue, and completed 45 days from commencement, or said permit shall be deemed void and reapplication shall be required, unless previously approved by the Municipal Engineer. 2. The permittee shall notify the Municipal Engineer 48 hours, not including weekends and holidays, in advance of the actual commencement of any work under a permit. 3. The permittee shall notify the Municipal Engineer at least 24 hours prior to closing any trench or excavation. 4. The permittee shall notify the Municipal Engineer at least 24 hours prior to doing any final repair of a trench or excavation. 5. Permittees whose work results in the closing of a moving traffic lane, or which requires traffic to be diverted to another lane shall at all times while actively working at the site, utilize an authorized traffic plan approved by the West Orange Police Traffic Bureau for the maintenance and protection of traffic. This includes the use of Police Traffic Directors to assist motorists and pedestrians to proceed safely through the site. 6. Barricades, signs, lights, and other approved safety devices shall be displayed in accordance with the Federal latest edition of the Manual on Uniform Traffic Devices. b. Protection of Excavation. Every person, utility or corporation engaged in the digging of any street, in the paving of any street or section of a street, building any sewer or drain, digging any trench for gas, water or other pipes, or in digging and building any manhole or valve box in any public street, or in the placing of any obstruction in any public street, where the work, if left exposed, would be dangerous to vehicles

es, or in digging and building any manhole or valve box in any public street, or in the placing of any obstruction in any public street, where the work, if left exposed, would be dangerous to vehicles or passersby, shall erect a fence or railing at such excavations or work.