[Adopted by Ord. No. 208-77 (Ch. X, Sec. 10-3, of the 1986 Revised General Ordinances); amended
in its entirety 2-21-2019 by Ord.
No. 02-19]
The purpose of this article is to establish regulations and
fees for the making of excavations and openings in public roads or
streets and public places within the Township of Mine Hill and under
the control of the Township of Mine Hill.
No person, persons, partnership, association or corporation
shall excavate, dig, test drill, tunnel, construct or reconstruct
or otherwise disturb any public street, road, highway, alley, 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 Mine Hill, for the purpose of laying, changing,
repairing, connecting, constructing or maintaining any water, gas,
sewer pipe, or any electric, telephone, 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.
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.
Permit extensions. A permit may be renewed or extended for a period
of time not to exceed the total time of the original permit, upon
request of the permittee and upon payment of a new fee.
C.
Permits issued under the provisions of this regulation are not transferable.
D.
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 regulation 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. 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 regulation shall not apply to work involved
within the rights-of-way of roads or easements owned, regulated and
within the responsibility of the County of Morris or the State of
New Jersey, or their various departments, bureaus or agencies, nor
roads or easements that are privately owned.
B.
The provisions of this regulation 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 Township.
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 estimate of days
to complete in half-day increments.
(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
proper authorities.
G.
All applicants granted a street opening permit shall be responsible
for properly conducting the work in accordance with the requirements
of this chapter.
C.
Any balance remaining in the inspection escrow account after the
final approval of the excavation and opening by the Township Engineer
shall be refunded to the applicant after the Township shall have deducted
therefrom any costs associated with the inspection thereof.
A.
A performance guaranty in the amount equal to 120% 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 requirement of the State of New Jersey
are acceptable. The performance guaranty will be returned 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 affecting the Township facility.
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 a yearly basis in an amount of $10,000. Such corporation bond
would cover all construction operations of the public utility corporation
within the Township, 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 street opening and to file the application fee and pay all costs
to the Township associated with each street opening.
C.
Applications with respect to detached one-family or two-family dwellings
for the excavation of a sidewalk or driveway along the frontage of
that dwelling that does not involve any disturbance to a public street
or alley shall be exempt from this section.
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 minimum 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.
C.
Applications with respect to detached one-family or two-family dwellings
for the excavation of a sidewalk or driveway along the frontage of
that dwelling that does not involve any disturbance to a public street
or alley shall be exempt from this section.
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
contract. The permittee/contractor shall completely indemnify the
Township in regard to any such damage, injury or loss. 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. 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.
B.
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 life 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 during the life 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 during the life of this
permit by the permittee/contractor.
C.
Lesser insurance coverages may be allowed for projects with moderate
or medium liability exposure in accordance with the Township's
insurance coverage guidelines. Major or high hazard projects undertaken
may require higher limits and specific coverages as recommended by
the Township's insurance agent.
D.
A thirty-day notice of cancellation provision shall be provided.
E.
Certificates of the required insurance as listed above shall be submitted
with the Township of Mine Hill and the Township Engineer listed as
additional insureds.
F.
Public utilities may submit insurance certificates on an annual basis.
Whenever the Township Council enacts any ordinance or resolution
providing for the reconstruction or resurfacing of any municipally
owned 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. The notice shall
also advise that any application for street opening permits in said
street shall be promptly submitted in order that the excavation work
can be done prior to the street being repaved. 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, gas
line 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 Township Engineer and then take proper
action to cure or 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. The owner shall not
proceed with any permanent repair until he has first obtained a street
opening permit.
A.
Work schedule. No work on this permit shall be performed on Saturdays,
Sundays or legal holidays. The Township may waive this requirement
only if it is in the Township's best interest for public safety
or construction conditions that warrant job continuation.
B.
Accident prevention. The permittee/contractor shall take all necessary
precautions to ensure safety at all times with all construction-related
activities. The U.S. Department of Labor, Occupational Safety and
Health Administration (OSHA) Regulations 29 CFR, shall be complied
with at all times. The permittee's/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. Article 3.6 of the Construction
Safety Code states the requirements regarding reporting of accidents
involving injury, loss of life and property damage. Failure to comply
with applicable safety standards will result in appropriate action
by the Township to ensure that safety is maintained on the project.
C.
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 local police for
traffic control input and/or assistance at least 72 hours prior to
the commencement of work.
D.
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 24 hours before
the permittee/contractor plans to commence work under a street opening
permit, the permittee/contractor shall advise the Township Engineer
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.
E.
Supervision. The permittee/contractor shall have a qualified supervisor
at the site of the street opening work during all working hours.
F.
Inspection. The Township Engineer or designee 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.
G.
Protection of private property. Prior to starting work on the opening,
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's/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.
H.
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 effect 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's Engineer or
designee deems it necessary for the protection of the public, or to
proper installation of the permittee's facilities, the Township
Engineer may order a cessation of work by the permittee/contractor
until such time as corrective action is taken by the contractor. Except
under emergency conditions, all work will be conducted between the
hours of 7:00 a.m. and 7:00 p.m. or dusk, whichever comes first.
I.
Maintenance of opening. After the permanent repair has been completed
and approved by the Township Engineer or designee, the permittee shall
be responsible for maintaining the opening for a period of 12 months.
This work shall include refilling, compacting, repaving, repairing
damage, and 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.
J.
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 Township Engineer, local police 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, etc., near enough to the work
to be affected thereby.
K.
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 hosed
clean. The Township may direct the permittee/contractor to spread
dust-inhibiting chemicals.
A.
Aboveground 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 shall
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 Engineer, 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 street 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 concrete 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 Engineer 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 street 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 shall 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 dense graded aggregate in maximum
six-inch lifts and be 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
or designee. 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. Safety requirements
and precautions for excavations will be implemented prior to that
work being commenced.
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 maximum 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 shall 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 performed when the
opening in the pavement (continuous or separate) spans a distance
measured along the center line of 200 feet or greater as determined
by the Township Engineer. The width of the milling and 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 centerline
or the road width is 15 feet or less. The permittee/contractor shall
provide adequate traffic control measures until the new pavement has
cooled and cured.
(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 and be 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 currently amended.
A.
Violations. Any person or persons, firm or corporation violating
any section of this regulation 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.
