[HISTORY: Adopted by the Township Committee of the Township of Holland 12-6-2022 by Ord. No. 2022-21.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 76, Excavations, adopted 10-3-1966, as amended.
A. 
No person, persons, partnership, association or corporation shall excavate, dig, test drill, tunnel, construct or reconstruct or otherwise disturb any public street, road, highway, curb, sidewalk, culvert, utility structure or other public improvement or facility located within any public right-of-way, easement, or property of the Township of Holland, for the purpose of laying, changing, repairing, connecting, constructing or maintaining any water, gas, sewer pipe, or any electric, telephone, cable, telegraph pipes or conduits, or for any other purpose whatsoever, without first having obtained a permit from the Township, in accordance with the rules and procedures specified herein.
B. 
All applicants granted a street opening permit shall be responsible for properly conducting the work in accordance with the requirements of this chapter.
A. 
Permit duration. Permits shall be valid for one year from the date issued. After said date, the permit will be void and a new permit must be obtained. If an extension is necessary to complete all work included under the permit, a request in writing must be made to the Township.
B. 
Nontransferable. Permits issued under the provisions of this chapter are not transferable.
C. 
Revocation of permits. Permits may also be revoked at any time if it is found by the Township that the permittee has failed to comply with the provisions of this chapter or the permit, provided that written notice has been given to the permittee of such failure and that the permittee has failed to correct the defect forthwith. If, after permit revocation, it becomes necessary for the Township to either complete the work or to refill and repair the opening, the cost of such work by the Township will be recovered through the performance guaranty which was posted by the permittee.
A. 
The provisions of this chapter shall not apply to work involved within the rights-of-way of roads or easements owned, or within the control of the County of Hunterdon or the State of New Jersey, or their various departments, bureaus or agencies.
B. 
The provisions of this chapter shall not apply to the installation, erection, replacement or maintenance of wood utility poles for electric distribution, telephone or telegraph installations, nor to such other appurtenances such as stub poles, anchors, guys or ground lines, incidental to these poles, where such poles and appurtenances belong to any of the franchised public utility companies operating within the County.
A. 
Applications for street opening permits shall include the following information:
(1) 
Street opening application form. Application forms shall be obtained from the Township Clerk or Township Engineer.
(2) 
Plan or sketch showing the location of the proposed work in relation to existing streets; existing facilities such as pavement, curbing, sidewalk, driveways, drainage facilities and utilities in the work area; and details of the proposed work, including limits and depth of excavation, proposed facilities, and trench restoration details.
(3) 
Estimate of quantities and cost of the work and number of days to complete.
(4) 
Application fee and escrow deposit.
(5) 
Performance guaranty.
(6) 
Certificate of insurance.
B. 
The application shall include the name of the individual, firm, partnership, corporation or utility company for whom the work is being performed. The application shall be signed by a duly authorized officer or agent of the company for whom the work is being performed.
C. 
The application and supporting documents shall be submitted to the Township Engineer.
D. 
The Township Engineer shall be the issuing authority for street opening permits. Upon receipt of an application for a street opening permit, the Township Engineer shall submit one copy of the application to the Township Attorney for review.
E. 
Upon completion of his review, the Township Engineer shall notify the applicant either that the application is approved or denied, along with reasons for the denial. If, however, additional information is deemed necessary to complete his review, the Township Engineer shall notify the applicant of the additional information which is required to be submitted.
F. 
A copy of the street opening permit shall be maintained on the work site by the contractor/permittee for inspection upon request by the Township.
A. 
Application fees.
(1) 
Zero to 50 square feet of disturbance: $50.
(2) 
Fifty-one to 300 square feet: $300.
(3) 
Over 300 square feet: $500.
B. 
Inspection escrows.
(1) 
Zero to 50 square feet: $750 per day ($375 per half day).
(2) 
Fifty-one to 300 square feet: $750 per day ($375 per half day).
(3) 
Over 300 square feet: $750 per day ($375 per half day).
C. 
Separate checks shall be required for application and escrow fees.
A. 
A performance guaranty in the amount equal to 125% of the construction cost estimate shall be provided as security for the faithful performance of all work. The performance guaranty shall be a certified check, bank draft, irrevocable letter of credit or performance bond. Surety company bond forms meeting the requirements of the State of New Jersey are acceptable. The performance guaranty will be released to the applicant upon successful completion of all work and acceptance by the Township. If all work is not completed in conformance with the permit requirements, the Township may, at its option, use the performance guaranty to complete all work.
B. 
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above performance guaranty, file a corporate bond on an annual basis in an amount of $10,000. Such corporation bond would cover all construction operations of the public utility corporation within the Municipality, thereby exempting said utility from the necessity to file performance guaranties for individual opening projects. However, such public utility corporations, operating under the terms and protection of a corporate bond, will still be required to make application for each opening permit, to file the application fee, and to pay all costs to the Township.
A. 
Upon satisfactory completion of the work, the permittee shall provide a maintenance guaranty in the amount of 5% of the final construction cost to be in effect for a period of one year. The maintenance guaranty shall be a certified check, bank draft, letter of credit or maintenance bond.
B. 
Public utility corporations of the State of New Jersey may, in lieu of providing a maintenance guaranty for each project, provide a blanket guaranty or warranty in lieu of a maintenance bond.
A. 
The permittee/contractor who will actually be performing the work shall continuously maintain insurance and other security for adequate protection of all his work from damage and shall protect the Township's property from damage, injury or loss arising in connection with the permit. The permittee/contractor shall indemnify and hold harmless the Township in regard to any such damage, injury or loss.
B. 
The permittee/contractor shall take all necessary precautions for the safety of personnel on the work site and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where, the work is being performed.
C. 
The permittee/contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public. If it becomes necessary for the permittee/contractor, either as principal or by agent or employee, to enter upon the premises or property of the Township in order to construct, erect, inspect, make delivery, or remove property hereunder, the permittee/contractor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for and to indemnify and hold harmless the Township from the payment of all sums of money by reason of all, or any, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work.
D. 
The permittee/contractor who will actually be performing the work shall procure and maintain:
(1) 
Worker's compensation and employer's liability insurance in conformance with all statutory requirements prescribed by law, which shall be maintained in force during the duration of this permit by the permittee/contractor, covering all employees engaged in performance of this permit in accordance with the applicable statute.
(2) 
General liability insurance with limits of not less than $1,000,000 for any one person; and $1,000,000 for any one accident for bodily injury; and $300,000 aggregate for property damage shall be maintained in force for the duration of the permit by the permittee/contractor. The permittee/contractor shall procure and maintain an umbrella or excess policy with limits of not less than $5,000,000 for any one person or any one accident for bodily injury unless a lesser limit is approved by the Township. In the event more than one insured is named in the policy, a cross-liability endorsement shall be included which provides that the employees of each of the named insured are not excluded under the policy in respect to claims that are made against other named insured.
(3) 
Automobile liability insurance covering permittee/contractor for claims arising from owned, hired and no-owned vehicles with limits of not less than $1,000,000 for any one person; and $1,000,000 for any one accident for bodily injury; and $500,000 each accident for property damage, shall be maintained in force for the duration of this permit by the permittee/contractor.
E. 
Major or high hazard projects undertaken may require higher limits and specific coverages as recommended by the Township's insurance agent.
F. 
A thirty-day notice of cancellation provision shall be provided.
G. 
Certificates of the required insurance as listed above shall be submitted with the Township and the Township Engineer listed as additional insureds.
H. 
Public utilities and municipalities may submit insurance certificates on an annual basis.
Whenever the governing body enacts any ordinance or resolution providing for the reconstruction or resurfacing of any street, the Township Engineer shall promptly mail a written notice thereof to all owners of utilities within said street. Such notice shall notify the utility owner that street opening permits for said street will not be issued for a period of five years after the date of enactment of the ordinance or resolution. During the five-year period, no street opening permit shall be issued to excavate a newly reconstructed or resurfaced street unless, in the judgment of the Township, an emergency, as described in this chapter exists which makes it essential that the street opening permit be issued.
In the event of an emergency in which a sewer, water main, gasline or other conduit breaks or bursts such as to endanger the property, life, health or safety of any individual, the person, firm or corporation owning such line, without first applying for a street opening permit, shall immediately notify the Police Department and then take proper action to remedy the hazardous situation. After remedying the immediate situation, the person or firm owning the utility line shall apply for a street opening permit in accordance with the provisions of this chapter within 48 hours of the repair.
A. 
Accident prevention. The permittee/contractor shall take all necessary precautions to ensure safety of the public at all times with all construction-related activities in accordance with all federal, state and municipal laws. The permittee/contractor's attention is particularly directed to the requirements of the current Construction Safety Code promulgated by the New Jersey Department of Labor and Industry, Bureau of Engineering and Safety. Failure to comply with applicable safety standards will result in appropriate action by the Township to ensure that safety is maintained on the project.
B. 
Maintenance and protection of traffic. The permittee/contractor shall be responsible for maintenance and protection of traffic during construction along or adjacent to the roadway. The current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), U.S. Department of Transportation (USDOT), and all amendments thereto, shall govern the maintenance and protection of traffic during construction. The Township may specify that the permittee/contractor prepare a traffic control plan to ensure the safe and expeditious movement of traffic through work zones. Applicants shall contact the Police Department for traffic control input and/or assistance at least 48 hours prior to the commencement of work in the absence of an emergency.
C. 
Commencement of work. Prior to the commencement of work, the permittee/contractor shall call the New Jersey One-Call Damage Prevention System (1-800-272-1000) for the mark out of all underground utilities. At least 48 hours before the permittee/contractor plans to commence work under a street opening permit, the permittee/contractor shall advise the local police chief that the work is to start. The permittee/contractor shall also contact the Township's Department of Public Works for the mark out of any Township-owned facilities.
D. 
Inspection. The Township Engineer shall be responsible for inspection of the work. All materials, including excavated materials, are subject to inspection and approval by the Township. Where the planned opening will be made through, adjacent to or near another existing public utility facility, the permittee/contractor shall notify said utility company, whose representative shall be given access to the construction to observe and inspect that portion of the work involving said utility facility.
E. 
Protection of private property. Prior to starting work, it shall be the responsibility of the permittee/contractor to advise each nearby or adjacent property owner whose property will be temporarily inconvenienced or disturbed by the project when the work will be commenced and what effect the work will have on the owner's use of his property. The permittee/contractor will be solely responsible for any damage, inconvenience or disruption to nearby or adjacent properties, and will hold the Township harmless from any claims arising from the conduct of work. It will be the permittee/contractor's obligation and responsibility to arrange for any rights of entry or easements needed. The permittee/contractor shall not store tools, machinery, materials, dirt or debris on private property. The permittee/contractor shall not use water, electricity, telephone or other private facilities without first obtaining permission from the property owner.
F. 
Conduct of the work. The work shall be done in an efficient and workmanlike manner and in accordance with the plans and specifications, using proper tools, machinery, materials and manpower to affect a quality and expeditious job. Failure to perform in a manner satisfactory to the Township according to the standards set forth herein may result in revocation of the permit. Where the Township Engineer deems it necessary for the protection of the public, or to proper installation of the permittee's facilities, he may order a cessation of work by the permittee/contractor pending such action by the governing body. Except under emergency conditions, all work will be conducted between the hours of 7:00 a.m. and 7:00 p.m. or dusk.
G. 
Maintenance of opening. After the permanent repair has been completed and approved by the Township Engineer, the permittee shall be responsible for maintaining the opening for a period of 12 months. This work shall include refilling, compacting, repaving, repairing damage, restoring turf or shrubbery, as necessary. The permittee's maintenance bond shall be released at the end of the twelve-month maintenance period, subject to the satisfactory condition of the opening.
H. 
Street closings. The permittee/contractor shall not close or obstruct any streets, sidewalks, alleys or passageways unless specifically authorized by the Township. Prior to the actual closing, the permittee/contractor shall also notify the Police Chief and Fire Chief of the anticipated dates and duration of the closing. No material whatsoever shall be placed or stored in streets, alleys or passageways. The permittee/contractor shall conduct its operations so as to interfere as little as possible with the use ordinarily made of any roads, streets, driveways, alleys, sidewalk facilities, near enough to the work to be affected thereby.
I. 
Cleanliness. If dust, dirt, air pollution, poor housekeeping or detrimental material are allowed to exist, occur or continue as a result of the work to the point where the public is unduly inconvenienced or disturbed, in the opinion of the Township, the Township may stop the work until the condition is corrected. Streets are to be kept broom-cleaned on a daily basis. If dust persists, streets may be required to be water cleaned. The Township may direct the permittee/contractor to spread dust-inhibiting chemicals.
A. 
Above ground utilities. All aboveground utility installations should be in accordance with the standards established by the New Jersey Department of Transportation for utility accommodation in Chapter 25 of the New Jersey Administrative Code. Utility companies should contact the Township prior to poles being relocated or new poles installed to make sure that installations will not conflict with future road improvements.
B. 
Removal of existing features. The existing pavement, blacktop or concrete shall be cut in a straight line or lines, prior to any subsurface excavation, which shall be confined to the area between the cuts. If pavement, curbing, sidewalk, or other surface construction becomes damaged, ragged or zig-zagged when it comes time to repave or replace the facility, the edges shall be cut or recut in a straight line or lines to the satisfaction of the Township, in general parallel with the lines of the excavated trenches and in a width sufficient to accommodate the entire excavation and to create a smooth finished appearance when the construction is completed.
C. 
Curbs, sidewalks, driveways, etc. Where the opening involves cutting through existing curbs, sidewalks, driveways and any other surface structures, the permittee/contractor shall rebuild or replace such surface structures as closely as possible duplicating the original as to dimensions, grade, appearance and materials. Curbs, sidewalks, concrete aprons and other miscellaneous structures shall be reconstructed with NJDOT Class "B" concrete air-entrained.
D. 
Existing pipes, utilities, subsurface structures. Any existing subsurface pipes, utility lines, drains, foundations, abutments, inlets or other structures that may be disturbed, damaged, or removed during the necessary opening work are to be replaced, reconstructed or repaired under the direction of the Township and the appropriate officials of the utility company whose facility may be involved. Such replacement, reconstruction or repair shall be made using materials, methods and standards of workmanship as specified by the Township, or in the case of a public utility facility, to the standards imposed by said utility. Caution and care shall be exercised by the permittee/contractor not to disturb such existing structures or facilities exposed by the opening and found to be in or adjacent to the opening.
E. 
Tunneling. In cases where it becomes necessary to resort to tunneling operations to accomplish the opening work in a most practical way, then the backfill in such tunnel shall be rammed soil composed of a mixture by volume of one part cement to six parts of aggregate material such as sand or three-quarter-inch quarry blend stone. Tunneling shall be permitted only with the approval of the Township and when the need for tunneling is indicated on the application for permit. Jacking or drilling is not considered to be tunneling.
F. 
Jacking and drilling. Jacking and drilling will be permitted when the need is indicated and when the applicant's engineer certifies that in his opinion other existing structures or utilities will not be disturbed or damaged thereby.
G. 
Blasting. No blasting shall be allowed unless the Township is notified in advance. Blasting and the use of explosives shall be permitted provided that all aspects of blasting and the use and storage of explosives shall, at all times, be in accordance with the provisions of the Explosives Act (N.J.S.A. 21:1A-128 et seq.).
H. 
Surplus materials. The permittee/contractor shall remove all surplus or unusable fill, debris and other materials from the job site at his own expense. The area shall be cleaned up and restored at the end of the work, to the satisfaction of the Township. Machinery, vehicles and tools of the permittee/contractor shall be promptly removed from the job site when the work has been completed.
I. 
Excavation.
(1) 
The trench shall be excavated along the lines designated on the approved plans and to a depth sufficient to provide cover over the mains of not less than four feet, except where greater or lesser depths of cover are shown on the detailed plans or are necessary due to the existence of utilities or to connect to existing lines. The trench shall be not less than one foot and no more than two feet wider at the bottom than the outside diameter of the pipe. Where the trench is excavated at any place below the proper grade, excepting at joints, it shall be refilled to grade with sand or loam and thoroughly compacted.
(2) 
No more than 100 feet of trench will be opened in advance of the utility installation, unless permitted by the Township's Engineer. All open trenches shall be backfilled by the end of the work day.
(3) 
The material excavated shall be laid compactly on the side of the trench and kept trimmed up so that it will be of as little inconvenience as possible to the traveling public and to adjoining tenants. Where the streets are paved, the paving material shall be kept separate from the other materials excavated. All streets shall be kept open for travel unless otherwise approved by the Township.
J. 
Sheeting and bracing.
(1) 
The permittee/contractor is solely responsible for the safety of the job site. The permittee/contractor shall furnish, put in place and maintain such sheeting and bracing, etc., as may be required to support the sides of the excavation and to prevent any movement of earth which could in any way diminish the width of the excavation below that necessary for proper construction.
(2) 
All trenching operations will comply with Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1926.1.
K. 
Temporary trench plating.
(1) 
All temporary trench plating shall be designed to carry all legal highway loads. The plating shall be properly supported and anchored to prevent all movement. All plating intended to be left in place overnight shall be recessed into the adjoining pavement so that the top surface of the plating is flush with the pavement.
(2) 
Construction signs will be installed on both approaches warning the motorists of the temporary plating and that it is slippery when wet.
L. 
Backfilling.
(1) 
Backfilling for utility improvements in pavement areas and shoulders or within five feet of the edge of any proposed pavement will be with dense graded aggregate base placed in six-inch lifts. Each layer shall be compacted with flat-face mechanical tampers to 95% minimum dry density. If the pipe area is not to be paved, the dense graded aggregate will be filled to the finished pavement grade.
(2) 
The only methods of compacting the backfill material permitted shall be mechanical compaction in lifts as specified. Consolidation will not be acceptable as a method to achieve the soil densities specified.
(3) 
The Township may require or perform soil density checks at randomly chosen lifts. Density testing will be performed at the completion of the compaction effort. Compaction requirements will be strictly enforced. The cost for compaction testing shall be the responsibility of the permittee.
M. 
Trench restoration.
(1) 
Bituminous concrete and bituminous surface treated pavements. In bituminous concrete and bituminous surface treated pavements, the trench area will be restored with a five-inch bituminous concrete base course and a two-inch bituminous concrete surface course. In areas where the pavement is thicker than six inches, additional bituminous base shall be placed to the depth of the existing pavement. The bituminous concrete repair shall extend at least six inches outside the limits of the trench.
(2) 
Portland cement concrete pavements.
(a) 
In Portland cement concrete pavements and in roads with Portland cement concrete bases, the pavement shall be replaced with the same materials and in the same thickness. When the trench opening is within five feet of a transverse joint, the remaining section of the slab shall be removed and replaced.
(b) 
Care shall be taken to protect expansion joint dowels. Dowels shall be straightened after concrete removal, if disturbed. The existing expansion joint material shall be replaced prior to placing new concrete.
(c) 
Existing subgrade is to be brought back to proper grade and properly compacted. Any soft areas are to be removed and replaced with proper material.
(d) 
If the slab removal ends prior to a joint, number five bars, 18 inches long, are to be drilled and grouted in the center of the slab. Bar spacing will be six inches from the slab edge and 12 inches between bars. The new slab reinforcing steel shall be number four bars, 12 inches on center longitudinally and number four bars, 24 inches on center transversely (minimum of two), set approximately three inches below the top of the finished slab.
(3) 
Repaving required. Milling and repaving shall be required when the opening in the pavement (continuous or separate), spans a distance measured along the center line of the lesser of 200 feet or a distance of 60% of roadway centerline as determined by the Township Engineer. The width of the paving shall be half the width of the road if the work did not cross the center line and the full width of the road if the work crossed the center line or the road width is 15 feet or less. The permittee/contractor shall provide adequate traffic control measures until the pavement has cooled.
(4) 
Restoration of private roadways and driveways. Repairs and restoration within a Township easement on private property shall be performed in accordance with the requirements of this chapter and is subject to review and approval by the Township Engineer.
N. 
Unimproved shoulder areas.
(1) 
Trenches outside the pavement which are required to be backfilled with dense graded aggregate base material shall be brought up to the finished shoulder grade and uniformly compacted.
(2) 
Trenches not requiring dense graded aggregate may be backfilled with suitable material and properly compacted. The final four inches to six inches of the trench shall be backfilled with topsoil, compacted, seeded, fertilized and mulched.
O. 
Temporary surfacing. Pending the actual repaving or reconstruction operations stated above, the permittee/contractor shall provide a temporary pavement or surface over the compacted refilled opening, of such material as shall be directed by the Township. The permittee shall maintain, refill and temporarily repave said surface from time to time as may be required by the Township until a permanent pavement has been constructed to provide a properly graded traveling surface.
P. 
All improvements shall be constructed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended.
A. 
Violations. Any person or persons, firm or corporation violating any section of this chapter which results in damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert shall be responsible for all expenses incurred by the Township for repairing said damage, removing said obstruction in addition to the penalties herein provided.
B. 
Penalties. Any person or persons, firm or corporation violating any section of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $500 or imprisonment for a period not to exceed 30 days, or both. Each and every day that said violation continues shall constitute a separate and specific violation.