[Adopted by Ord. No. 1308 as Ch. 12.08 of the 1998 Code]
[Amended by Ord. No. 2001-9; 5-11-2010 by Ord. No. 2010-15]
It shall be unlawful for any person, firm, corporation or municipal or public utility to make any excavation or place any form of construction in, over or upon any road or street under the control of the Township of Montville, or otherwise endanger or obstruct the normal flow of traffic or normal flow of surface water by the placing of any barricade, structure, material or equipment not normally designed to be operated, placed or used on the public highway, without first obtaining a written permit issued by the Township Engineer. The permit requirement shall apply to any public road or street, any private road or street which the Township of Montville has agreed to maintain, and any dedicated, but unaccepted, road or street.
[Amended by Ord. No. 2000-9; 3-23-2010 by Ord. No. 2010-11; 5-11-2010 by Ord. No. 2010-15; 11-26-2013 by Ord. No. 2013-30; 8-18-2020 by Ord. No. 2020-16]
A. 
There shall be four classes of road openings as follows:
(1) 
Simple road opening to connect any single dwelling or structure.
(2) 
Multiple road opening for installation of sewer mains, water mains, other utility lines and all laterals and other necessary appurtenances.
(3) 
Construction projects of the Montville Township Water and Sewer Department.
(4) 
Road openings under the moratorium period.
B. 
The following shall be required for simple road openings where the surface pavement is greater than three years old:
(1) 
A permit fee as set forth in Chapter 169, Fee Schedule.
(2) 
Cash bond.
(a) 
A minimum cash bond in the amount of $750 must be submitted to a simple road opening within the pavement area of the right-of-way. Bonding will not be required for excavations in driveways and grassy areas within the right-of-way, subject to approval by the Township Engineer. The Township Engineer will determine if additional bonding is required based on the following calculations:
Items
Unit Price
Saw-cut pavement
$1 per linear foot
Backfill with Q.P.
$25 per cubic yard ($50 minimum)
5-inch-thick bituminous stabilized base
$6 per square yard ($300 minimum)
2-inch-thick FABC
$4 per square yard ($200 minimum)
Concrete or granite block curb
$12 per linear foot ($50 minimum)
Concrete sidewalk
$4 per square foot ($50 minimum)
Topsoil and seeding
$3 per square yard ($50 minimum)
(b) 
Performance and maintenance bonds for multiple openings shall be as determined under the requirements of § 230-39 of Chapter 230, Land Use.
(c) 
The cash bond must be posted prior to the issuance of a permit and will be released upon request after one year of the date of issuance of the permit. If during the one year, repairs are required, the Township Engineer must notify the permittee via written notification (sent via certified mail to the address on file with the permit) and request a written response within seven days of the date of notice with a plan of action. If no response to the Township Engineer's correspondence is received within seven days of the date of notice, the Township Engineer shall coordinate with either Montville Township Public Works Department or a private contractor to complete the repairs and deduct costs of said repairs from the cash bond.
(d) 
No bond shall be required for permits applied for by the owner on private roads or streets which the Township of Montville has agreed to maintain, provided that the owner agrees to be financially responsible in the event of a default by his or her contractor.
(3) 
Backfill. Fill around the pipe shall be made in strict accordance with the pipe manufacturer's specifications. Balance of fill shall be shoulder stone in layers of 24 inches mechanically tamped or layers of six inches manually tamped.
(4) 
The opening is to be cut square, straight, neat and true. All edges shall be tack-coated just before placing two-inch-thick FABC paving and thoroughly rolled.
(5) 
All work must be completed within 24 hours of opening road.
(6) 
All pavement patches shall be feathered and shall be installed so as to avoid the possibility of puddles.
C. 
The following shall be required for multiple road openings where the surface pavement is greater than three years old:
(1) 
A permit fee as set forth in Chapter 169, Fee Schedule.
(2) 
A performance bond and maintenance bond in an amount equivalent to requirements of the Montville Township Land Subdivision Ordinance. In lieu of filing individual bonds, public utilities may file a blanket annual bond in an amount of not less than $1,000 to cover all street opening permits during the calendar year, provided that the required bond amount is not exceeded at any one time. No bond shall be required for permits applied for by the owner on private roads or streets which the Township of Montville has agreed to maintain, provided that the owner agrees to be financially responsible in the event of a default by his or her contractor.
(3) 
The openings shall be straight, square, neat and true, and all edges shall be tack-coated just before placing of patching pavement.
(4) 
The backfill around the pipe shall be in strict accordance with the pipe manufacturer's specifications, and the balance of the backfill shall be made in layers of 24 inches of shoulder stone or such other material as approved by the Township Engineer, mechanically tamped, or six inches of shoulder stone manually tamped.
(5) 
Temporary pavement shall be installed on four inches of sand thoroughly tamped and two inches of plant mix thoroughly rolled with a six-ton roller.
(6) 
Permanent pavement shall be installed on four inches of sand thoroughly tamped, then four inches of plant mix stabilized base, followed by 3 1/2 inches of FABC-2.
(7) 
All pavement patches, both temporary and permanent, shall be installed so as to avoid the possibility of puddles.
(8) 
For utility trenches that span more than three feet in width and five feet in length, the applicant shall be required to utilize infrared technology for final pavement repair.
D. 
When the Water and Sewer Department submits to the Township Engineer a project within the Township, the following shall be required where the surface pavement is greater than three years old:
(1) 
The Water and Sewer Department must submit plans and specifications for the project to the Township Engineer for review and approval.
(2) 
The Township Engineer shall review and, if acceptable, approve the plans and specifications within 30 days of the date of their submission. If unacceptable, a letter indicating deficiencies must be issued within said time.
(3) 
Failure of a Township Engineer to take action on plans and specifications submitted in accordance with this section within such time shall constitute approval of the plans and specifications and consent of the Township to construction of the project.
(4) 
Upon approval of the plans and specifications submitted by the Water and Sewer Department, such approved plans and specifications shall govern the project.
(5) 
To the extent that any and all sections of this chapter are inconsistent with the plans and specifications approved by the Township Engineer, the approved plans and specifications shall govern. The Township may enforce sections of this chapter where applicable and not inconsistent with the plans and specifications approved by the Township Engineer. Except where otherwise inconsistent with the plans and specifications approved by the Township Engineer, all ordinances of the Township of Montville must be complied with for each project within the Township.
(6) 
Performance and maintenance bonds posted with the Water and Sewer Department by the third-party contractor shall substitute for the performance and maintenance bonds otherwise required as set forth in Subsections B and C and shall be accepted by the Township.
(7) 
A permit fee as set forth in Chapter 169, Fee Schedule, for simple road openings.
(8) 
A permit fee as set forth in Chapter 169, Fee Schedule, for multiple road openings.
E. 
Road openings under the three-year moratorium period for newly resurfaced roads.
(1) 
On newly paved roads, there shall be a three-year restriction on the issuance of road opening permits. Exceptions shall be granted for utility emergencies, utility openings that impact the safety and welfare of property owners, or if the applicant is able to prove undue hardship to the satisfaction of the Township Engineer. Request for a road opening pursuant to an undue hardship shall be submitted in writing to the Township Committee, through the Township Administrator, who will either confirm or deny the request within 21 days from receipt of the written request, or at the next regularly scheduled Township Committee meeting.
(a) 
For single road openings, in the event that an exception is granted during the moratorium, the applicant shall be responsible to limit the disruption as much as possible, saw cut all excavations, and restore the trench to its original condition, including but not limited to the pavement, surface treatments and striping. All repair paving shall be completed utilizing infrared technology within one week of the trench repair. A nonrefundable fee of $500 will be charged to open a road within its moratorium period. A Township inspector must be on site during all backfilling operations within the right-of-way. All backfilling within the trench must be compacted in twelve-inch lifts.
(b) 
For multiple road openings and utility main installation/replacement, in the event that an exception is granted during the moratorium, the applicant shall be required to complete final payment restoration for the full width of the road to a distance of approximately 100 feet around the area of the openings. A nonrefundable fee of $1,000 will be charged to open a road within its moratorium period. A Township inspector must be on site during all backfilling operations within the right-of-way. All backfilling within the trench must be compacted in twelve-inch lifts.
[1] 
The distances in either direction of the opening will be determined by the Township Engineer based on the proximity to other roadways or utility concerns. In most cases, final pavement restoration will encompass 50 feet in both directions of the opening for a full width of the existing road. The Township Engineer may allow resurfacing to the center line of the road only if the opening is completed within one lane and does not involve disturbance across the centerline.
[2] 
Temporary and final pavement restoration shall be completed in accordance with the Township standards, and milling will entail the full length and width that must be repaved.
(2) 
A permit fee shall be required as set forth in Chapter 169, Fee Schedule.
(3) 
Cash bond.
(a) 
A cash bond in the minimum amount of $1,000. The actual amount is to be determined by the Township Engineer based on the estimated cost for pavement repairs.
(b) 
The bond must be posted prior to the issuance of a permit and will be released two years after satisfactory completion of the work, assuming pavement repair remains in good condition. Any settlement or deterioration of the pavement or curb repair areas within that period will require removal and replacement of repair area, which new repair areas will also be subject to a two-year bonding period.
(c) 
A blanket annual bond from utility companies may be accepted in lieu of the cash bond as determined by the Township Engineer.
(4) 
Backfill. Fill around pipe or curbing shall be made in strict accordance with the pipe manufacturer's specifications. Balance of fill shall be quarry process or approved material in layers of six inches mechanically tamped.
(5) 
The pavement opening is to be saw-cut, straight, neat and true. The pavement shall be repaired using the infrared pavement repair method under the direct supervision of the Township Public Works Inspector. Pavement thickness must meet minimum roadway standards.
(6) 
The extent of roadway pavement repair for each opening shall be determined by the Township Engineer.
[Amended by Ord. No. 2000-9]
A. 
No person, firm, corporation or municipal or public utility shall be granted a permit to open any street until and unless there shall be furnished a certificate of insurance indicating that the person, firm, corporation, municipal or public utility is adequately insured against liability and property damage claims. The amount of insurance shall be determined by the Township Attorney, but in no case shall such insurance be in an amount less than $250,000/$500,000.
B. 
Road openings required to be performed by Township employees or Water and Sewer Department employees are exempt from these permit requirements.
A. 
Application for a road opening permit shall be made on forms obtained from the Township. Said application shall indicate the date upon which the operation will start and the date upon which it will be completed. The application shall contain the name and address of the applicant, the proposed form of construction and the exact location of the proposed construction.
B. 
Permission to make an opening or to tear up the surface of a road does not carry with it any right to make drainage, sewer, water, gas, oil, electric or telephone connection. A separate permit or approval to make such connections must be obtained from the proper officials having jurisdiction.
Unless otherwise approved by the Township Engineer in writing, where an excavation is to extend the full width of the road, only 1/2 of the excavation shall be made at one time, and same shall be properly backfilled and temporary pavement installed before the other half is excavated.
A. 
Pavement cuts and road openings will be permitted and made during daylight hours only. No work shall commence before 8:00 a.m. of each working day, and all work shall be closed in and equipment and materials moved off the road before 4:30 p.m. of each working day.
B. 
No more trench shall be opened during the working day than can be properly backfilled and closed in by 4:30 p.m. of each working day. No trench shall remain open overnight, nor shall any road openings be permitted or made on Sundays. The above working hours do not apply where emergency road openings are required as hereafter outlined in this article.[1]
[1]
Editor's Note: See § 330-27, Emergency openings.
Occupants of abutting properties shall be notified prior to any pavement cut or excavation for a proposed road opening. The notice shall be on forms furnished by the Township and shall state the time, date and location of the road opening. The applicant shall deliver the notice to all residents of abutting properties.
Street openings may be made without the necessity of a written application in case of emergency, such as broken or frozen water mains or other occurrences which would endanger public health, safety and welfare, provided that notice thereof shall be immediately given verbally to the Chief of Police. Written application for a permit shall nevertheless be made to the Township as soon as convenient, but in any event within 48 hours.
It shall be the responsibility of the permittee opening any street or otherwise endangering or obstructing the normal flow of traffic or normal flow of surface water thereon to fully protect both vehicle and pedestrian traffic from possible accident or injury. The permittee shall coordinate control of all traffic through the work area by providing flagmen and/or police officers. Traffic control must be under the direction of the Township Police Chief. The Chief of Police shall determine the adequacy of the barricades, warning lights, signs and other safety devices installed by the permittee at the entrances and exits throughout the work area. Where police officers' services are deemed necessary to provide adequate protection by the Chief of Police, they shall be compensated by the permittee.
A. 
No equipment or material shall be placed outside the rights-of-way without the express permission of the property owner.
B. 
It is the intent of this article to protect and save, where practical, trees, shrubs, etc., within the rights-of-way. Where a minor realignment will avoid removal of or damage to trees, shrubs, etc., such practice will be carried out. Where it is absolutely necessary to remove trees within the rights-of-way, the permittee shall notify the Township in writing at least seven days prior to the date of said removal. Where individual property owners have placed shrubs, flowers, etc., within the right-of-way lines and removal is absolutely necessary, the permittee shall notify the property owner in writing at least seven days prior to the date of said removal. When such notification has been given, removal and replacement shall be the responsibility of the property owner. In the event the permittee fails to notify the property owner as above specified, replacement of all shrubs, flowers, etc., damaged or destroyed shall be the responsibility of the permittee.
C. 
Where property owners maintain a mailbox within the road rights-of-way, in accordance with post office requirements, the permittee shall protect and/or immediately replace all mailboxes damaged by him.
D. 
The permittee shall limit his equipment to the paved and/or shoulder area within the traveled rights-of-way. The permittee shall refrain from operating equipment, either willfully or carelessly, on lawns or private driveways.
E. 
The permittee's attention is called to the necessity for providing continuous access to all commercial/industrial properties during their normal hours of business. The permittee shall take all necessary measures to provide and maintain said access.
F. 
Where construction affects the operation of Police Departments, Fire Departments or other emergency facilities, the permittee must maintain twenty-four-hour access to and from these facilities.
G. 
Where it is necessary to have a blasting operation precede the excavation operation, the blasted area shall be considered as an open trench for the purpose of this article. Where blasting is performed, § 330-25B shall be modified to permit not more than 500 feet of open trench ahead of the excavation operation. Where the permittee's excavation and laying operation has a progress rate different from 250 feet per day, the Township Engineer has the right to adjust the five-hundred-foot limit to the progress that can be accomplished in two working days. The area disturbed by the blasting shall be leveled, a flush surface of quarry process stone installed before the end of the workday and maintained, all to the satisfaction of the Township Engineer. If there is any delay which prevents the accomplishment of the excavation, laying and repavement operation within four working days of the blasting operation, the permittee shall install temporary pavement in accordance with the applicable sections of this article.
H. 
The pipe bedding and backfill around the pipe, conduits, etc., shall be in strict accordance with the manufacturer's and/or the design engineers' specifications. The balance of the backfill shall be the excavated materials only where approved by the Township Engineer. Where approval of excavated material as backfill has not been granted, said material shall be removed and disposed of and shall be replaced with suitable granular material, shoulder stone and/or other materials as directed by the Township Engineer. All backfill must be thoroughly tamped, either mechanically tamped in layers less than 24 inches thick or hand tamped in layers less than six inches thick.
I. 
The temporary and permanent pavement openings shall be straight, square, neat and true, and all edges shall be tack-coated, if required, just before the placement of patching pavement.
J. 
All temporary pavement must be installed within 24 hours of the completion of the backfill of any trench or part thereof. Temporary pavement shall consist of eight inches of thoroughly tamped quarry process stone and a minimum of two inches of Type A pavement thoroughly rolled with an eight-ton roller or other approved equipment. Temporary pavement shall be maintained in a flush condition until permanent pavement is installed. The term "flush condition" shall be defined as maintaining the pavement with one inch of the natural contour of the road.
K. 
Permanent pavement shall be installed after the temporary pavement has been in place a minimum of six months; however, the Township Engineer, at his option, may specify the installation of permanent pavement after any period up to 10 months in duration. The temporary pavement and sufficient quarry process stone shall be removed so that after thorough tamping the remaining quarry process stone is six inches below the natural contour of the pavement. Permanent pavement shall consist of four inches of plant-mixed stabilized base thoroughly rolled with an eight-ton roller or other approved equipment, followed by two inches of FABC thoroughly rolled with an eight-ton roller or other approved equipment.
L. 
All pavement patches, both temporary and permanent, shall be installed as to avoid the possibility of puddles. All permanent pavement shall be feathered.
M. 
Storm sewers, other drainage facilities, traffic signs, curbs, shoulders, driveways, street signs and other property within the Township rights-of-way must be maintained and, if damaged, replaced and/or corrected within 24 hours to the satisfaction of the Township Engineer.
N. 
Pavement shall be broom-swept to a clean condition prior to the close of each day's operation. Pavement brooming shall apply to the immediate construction area, areas with spillage from trucking operations and any other areas affected by the construction.
O. 
All construction equipment, foreign matter, debris and excess materials must be removed from the construction area within 24 hours after completion of any one section.
P. 
All materials must be installed within 14 days after delivery to the area site. The permittee may store material at the storage site for any length of time during the actual performance of the work.
Q. 
The permittee is required to have on hand proper tools, equipment and material to make immediate repairs of an emergency nature caused by permittee's damage to municipal utilities or appurtenances. Such repairs shall be made with the approval and under the supervision of the Township Engineer and other authorized officials.
R. 
During wet weather periods the contractor shall maintain all trenches and streets in a safe and satisfactory condition.
S. 
The entire width of the pavement adjacent to the road opening, if damaged entirely or in part by the permittee's operation, shall be repaired and/or patched to a flush condition to the satisfaction of the Township Engineer for the period covered by the permit. All pavement, temporary or permanent, installed by the permittee shall be maintained in a flush condition for a minimum period ending one year after the completion of the pavement. (The term "flush condition" is defined in Subsection J of this section.)
T. 
All nonpaved areas shall be restored to their original condition, including both the condition and elevation of the surface. In particular, lawn areas shall be topsoiled, leveled, rolled and seeded. Seeded areas shall be covered with burlap or other suitable material, if necessary. The permittee is responsible for replacing and/or restoring seeded areas washed out by erosion and/or damaged by the permittee's equipment, material or personnel. The permittee shall not be responsible for watering the seeded area.[1]
[1]
Editor's Note: Former Subsection U, which immediately followed, regarding road opening permits within five years of completion of the initial roadway, as amended, was repealed 11-26-2013 by Ord. No. 2013-30.
The Township Administrator may make any rules and regulations which he considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provision of this article or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulation shall be effective unless it shall be approved by resolution of the Township Committee. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
The Township Engineer is hereby designated the enforcement officer to enforce the provisions of this article and is the agent acting for the Township Committee of the Township of Montville herein. However, this provision shall not be construed as depriving members of the Police Department of the power to prosecute violators hereof.
Where the Township contemplates road improvements in specific areas, the Township Committee shall have the right to pass a resolution waiving the requirements for the installation of permanent pavement stated in this article. Where said requirements for permanent pavement are waived by the Township Committee, said action shall not affect, impair or invalidate any other provision of this article.
[Amended by Ord. No. 2000-9]
A. 
The permittee shall indemnify and hold harmless the Township and/or the Montville Township Water and Sewer Department and their engineer(s) and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and is caused in whole or in part by any negligent act or omission of the permittee, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
B. 
In any and all claims against the Township and/or the Montville Township Water and Sewer Department and their engineer(s) or any of their agents or employees by any employee of the permittee, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the permittee or any subcontractor under workmen's compensation acts, disability acts or other employee benefit acts.
[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.