Township of Middletown, NJ Street Excavations

The excavation, removal, replacement, repair, construction or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include but are not limited to curb, sidewalk, driveway and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvement existing within the public right-of-way. For the purposes of this article, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work."

EXISTING STREET IMPROVEMENT

"Excavation work" shall also include the construction, addition, installation or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this article under § 428-36, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.

A public street as identified in the Township of Middletown Infrastructure Management Report on file at the Department of Public Works, Parks, and Engineering.

MILLING

The removal of bituminous concrete pavement by equipment designed and constructed for the in-place removal of bituminous concrete pavement. The "milling" machine shall be a self-propelled planing, grinding or cutting machine with variable speeds, capable of removing bituminous concrete pavement without the use of heat to the depth, profile and cross slope required or directed by Public Works.

NEW STREET IMPROVEMENT

A public street as identified in the Township of Middletown Infrastructure Management Report on file at the Department of Public Works, Parks, and Engineering.

PERMITTEE

Any person who has been granted and has in full force and effect an excavation permit issued hereunder and, for the purposes of §§ 428-9, 428-10, 428-11, 428-12, 428-13, 428-14, 428-15, 428-16, 428-20, 428-21, 428-31, 428-33 and 428-35, includes also any person who has been granted or is required to secure a permit for trench opening from the County of Monmouth Road Department, New Jersey Department of Transportation (NJDOT) or New Jersey Highway Authority, which have an impact on municipal rights-of-way, easements, streets, watercourses or property.

PERSON

Any person, firm, partnership, association, corporation, company or public or private organization of any kind.

PUBLIC WORKS

The Department of Public Works, Parks, and Engineering, Engineering Division of the Township of Middletown.

STANDARD SPECIFICATIONS

The Standard Specifications for Road and Bridge Construction, New Jersey Department of Transportation, latest edition and amendments. All materials, equipment and methods of construction shall be in accordance with the "standard specifications" and it shall be the responsibility of the applicant to familiarize himself with the "standard specifications."

STREET

Any street, highway, sidewalk, alley, avenue, public drainage easement or other public way or public right-of-way or public grounds in the Township, excepting county or state roads or highways.

TOWNSHIP

The Township of Middletown.

TOWNSHIP CLERK

The Township Clerk of the Township of Middletown.

TOWNSHIP COMMITTEE

The Township Committee of the Township of Middletown.

TOWNSHIP ENGINEER

The Township Engineer of the Township of Middletown.

TRAFFIC CONTROL DEVICES

All signs, signals, lights, markings, barricades and any other devices placed on or directly adjacent to a street or highway by authority of the government agency having jurisdiction to regulate, warn or guide traffic. All "devices" shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, latest edition and amendments.

§ 428-3 Permit required; term; limits.

It shall be unlawful for any person to perform any of the excavation work as described in the definition in § 428-2B heretofore or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material, obstructing or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way affect any other public improvement within a public right-of-way as defined in the definition in § 428-2B unless such persons shall first have obtained an excavation permit therefor from the Township Clerk as herein provided.

All street excavation permits issued by the Township Clerk shall expire one year from the permit issued date. Upon expiration of the permit, the applicant will be required to apply for a new permit, pay appropriate excavation permit fees, supplement (if required) any deficient cash repair deposits and shall furnish the Township Clerk satisfactory evidence, in writing, that the permittee has in force and will maintain in force during the performance of the excavation work and the period of excavation permit public liability insurance in accordance with limits and conditions within § 428-37, Insurance requirements.

No permits will be issued for openings in excess of 20 square feet in area, except for emergency openings or openings required by law, during the period from the 15th day of December to the 15th day of March.

§ 428-4 Application for permit.

No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Township Clerk. The written application shall state the name and address of the applicant; the nature, location and purpose of the excavation; the proposed date of commencement and completion of the excavation (which date shall be the expiration date of any permit issued pursuant to the application); and other data as may reasonably be required by Public Works.

The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work and such other information as may be prescribed by Public Works, including complete plan, profile and details of any proposed curb, sidewalk, pavements or other proposed improvements.

No excavation permit shall be issued unless the Chief of Police or a police officer designated by the Chief has reviewed the proposed street opening application and accepted the proposed traffic safety plan. The traffic safety plan shall comply with Chapter 465, Vehicles and Traffic, Article XII, Traffic Safety at Construction and Maintenance Operations.

§ 428-5 Permit fees; waiver.

A permit fee shall be charged by the Township Clerk for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation fee shall be in an amount equal to a percentage of the amount of the cash repair deposit required elsewhere in this article and as per the current fee schedule in Chapter 240, Fees.

[Amended 8-4-1997 by Ord. No. 97-2479]

In those cases where the requirements for all or a portion of the deposit is met by the issuance of a surety bond, Public Works shall estimate, for each permit, what the appropriate cash repair deposit cost would have been should such deposit have been fully required and a permit fee shall be established as heretofore provided.

Permit fee will be waived in the case of installation of repair of sidewalk by, or one acting for, the owner of real property or, in the case of installation of new public improvements, by a subdivider or site developer in accordance with approved plans without cost to the Township.

§ 428-6 Cash repair deposits; waiver.

The application for an excavation permit to perform excavation work under this article shall be accompanied with a cash repair deposit. Such cash repair deposit will take the form of cash or certified check payable to the Township of Middletown and shall be received by the Township Clerk prior to the issuance of any permit.

Amount of deposit.

The amount of the cash repair deposit required shall be in accordance with the current fee schedule in Chapter 240, Fees.

[Amended 8-4-1997 by Ord. No. 97-2479]

In the case of excavation or removal or alteration of other public improvements such as drainage, sidewalks, driveways, driveway aprons, etc., Public Works shall determine in each case the amount of the cash repair deposit in sum total sufficient to allow the Township to perform all required repairs and restorations. Said amount shall be estimated to include gross Township costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.

Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Upon the permittee's completion of the work covered by such permit, in conformity with this article as determined by Public Works, 2/3 of the cash deposit shall be promptly refunded by the Township to the permittee and the balance shall be refunded by the Township to the permittee upon the expiration of such twelve-month period. However, a minimum of $250 will be retained for the twelve-month period. The Township may use any or all of such deposit to pay the cost of inspection and/or any work the Township performs to restore or maintain the street as herein provided in the event that the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Township.

Cash repair deposits will be waived in the case of installation or repair of sidewalk by the owner, or by a person acting for the owner, or real property and may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with the approved plans and without cost to the Township; provided, however, that such waiver will not be granted if, in the opinion of Public Works, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction.

§ 428-7 Surety bond.

If an individual cash repair deposit required by § 428-6 exceeds $1,000, or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000, or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey, then the Township Committee may allow the provision of all or, at the Township Committee's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this section, the applicant shall deposit with the Township Clerk a surety bond in an amount to be determined by Public Works made payable to the Township of Middletown. The required surety bond must be:

With good and sufficient surety;

By a surety company authorized to transact business in the State of New Jersey;

Satisfactory to the Township Attorney in form and substance;

(4)

Conditioned upon the permittee's compliance with this article and to secure and hold the Township and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation permit or for which the Township, the Township Committee or any Township officer may be made liable by reason of any accident or injury to person or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition and to the satisfaction of Public Works all openings and excavation made in streets and to maintain any street where excavation is made in as good condition for the period of 12 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee.

Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Township if such repairs should provide defective. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.

In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon the Township's giving written notice to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date.

§ 428-8 Excavation placard.

The Township Clerk shall provide each permittee at the time a permit is issued hereunder a suitable placard plainly written or printed in English letters at least one-inch high with the following notice: "Township of Middletown, Permit No. . . . expires" and in the first blank space there shall be inserted the number of said permit, and after the word "expires" shall be stated the date when said permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about an excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit.

§ 428-9 Routing of traffic.

The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions remain as nearly normal as practicable and shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that Public Works, with the advice and consent of the Township Police Department, may permit the closing of streets to all traffic for a period of time prescribed by Public Works if, in its opinion, it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Township Police Department.

The following steps shall be taken before any street may be closed or restricted to traffic:

The permittee must receive the approval of Public Works and the Police Department therefor.

The permittee must notify the Chief of the Fire Department of any street so closed.

Where flagmen are deemed necessary by Public Works or by the Police Department, they shall be furnished by the permittee at its own expense.

(4)

Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Chief of Police will designate detours. The Township shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but, in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Township Engineer. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment.

(5)

Upon completion of the construction work, the permittee shall notify Public Works and the Township Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.

§ 428-10 Clearance for fire equipment.

The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

§ 428-11 Safe accommodations of traffic required.

The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by applicable regulations.

§ 428-12 Removal and protection of utilities.

The permittee shall not interfere with any existing utility without the written consent of Public Works and/or the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the Township shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

§ 428-13 Protection of adjoining property.

The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain license from the owner of such private property for such purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate Township department or Township official having control of such property.

§ 428-14 Sidewalk excavations.

Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times.

§ 428-15 Signs and protective devices.

The permittee shall erect and maintain approaching and throughout the site of the excavation work such signs, lights, barricades and other protective devices as are required. In the absence of specific written direction by Public Works or the Police Department, all signs shall be provided as required by the Manual on Uniform Traffic Control Devices, as published by the United States Department of Transportation.

Failure to provide signs and protective devices.

Should Public Works or the Police Department at any time determine that the permittee has failed to provide all required signs and protective devices in accordance with the directions of Public Works or the Police Department and/or the requirements of the previously mentioned Manual on Uniform Traffic Control Devices, the Township may order the work stopped and suspend the permit and/or may provide and erect or cause the provision and erection of such required signs, barricades and traffic control devices, and the cost thereof may be deducted from the cash repair deposit provided by the applicant or may be billed directly to the applicant by the Township. If such billing is made and not paid by the applicant within 15 working days after such billing, the amount may be deemed due and recoverable from the applicant's cash deposit or surety.

The Township shall normally provide the applicant with 24 hours' notice of its intention to provide any such required signs, barricades and traffic control devices and its intention to bill the applicant the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that, in case of immediate emergency or hazard to the public health or safety, the Township may cause the provision and erection of such devices without notice.

The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning through the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.

§ 428-16 Attractive nuisances.

It shall be unlawful for the permittee to cause or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of any attractive nuisance likely to attract children and be hazardous to their safety or health.

§ 428-17 Care of excavated material.

All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, Public Works shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.

§ 428-18 Damage to existing improvements.

All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, Public Works shall have the authority to cause said necessary labor and materials to be furnished by the Township and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.

§ 428-19 Property lines and easements.

Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits.

§ 428-20 Cleanup.

As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of Public Works.

From time to time as required and/or as may be ordered by Public Works and in any event immediately after completion of said work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and, upon failure to do so within 24 hours after having been notified to do so by Public Works, said work may be done by the Township and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.

§ 428-21 Protection of watercourses.

The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as Public Works may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.

§ 428-22 Breaking through pavement.

Prior to excavation, all trench openings shall be neatly saw-cut.

Whenever it is necessary to break through existing pavement for excavation purposes, the base pavement shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line prior to removal. No pile driver or mechanical hammer may be used in breaking up the pavement.

§ 428-23 Tunnels.

Tunnels under pavement shall not be permitted except by permission of Public Works, and if permitted, shall be adequately supported by timbering and backfilling. Detailed plans for the construction and removal/restoration at all such tunnels shall be submitted and approved by the Department of Public Works, Parks, and Engineering prior to construction.

§ 428-24 Backfilling.

Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compaction shall be done by mechanical means such as tamping, vibrating or rolling as required by the soil in question and sound construction practice generally recognized in the construction industry.

All backfilling of excavation in or within 10 feet of any pavement or shoulder area shall be done in thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed three inches in thickness; layers that are power-tamped shall not exceed six inches in thickness. This same requirement shall apply in all areas not within or within five feet of any pavements or shoulder areas except that the backfilling in thin layers shall only be required up to the first 18 inches above the top of any installed pipes or conduits, and the remaining portion of the backfill may be placed in a manner acceptable to Public Works so as to provide a density comparable to that existing in the undisturbed ground adjacent to the excavation.

Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench and the space under, around and six inches above the pipe shall be backfilled with clean sand, noncorrosive soil or 1/4 inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill. Where, in the opinion of Public Works, excavated material is unsuitable for use as backfill, the contractor shall supply other pervious material to be used for backfill.

Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type until the surface is unyielding. The surface shall then be graded as required.

§ 428-25 Restoration of surfaces.

[Amended 12-21-2015 by Ord. No. 2015-3157; 10-7-2019 by Ord. No. 2019-3267]

Restoration required.

The permittee shall restore the surface of all streets, broken into or damaged as a result of excavation work, to its original condition in accordance with the specifications of the Department of Public Works, Parks and Engineering, and at the direction of the Township Engineer.

In the case of utility work undertaken by a public or private utility or contractor, which work involves placing of new or replacing or repairing existing utility infrastructure, including but not limited to gas lines, water lines, electrical lines and sewer lines, or any disturbance of the roadway surface, where the area to be trenched is greater than 50 linear feet, or where multiple small openings in the pavement are made within a fifty-linear-foot or greater length of a roadway, upon completion or within a reasonable amount of time as determined by the Township Engineer, the permittee shall mill and repave the entire pavement surface from edge to edge or curb to curb for the full length of the excavation, in accordance with the specifications of the Department of Public Works and Engineering. Further, should any proposed construction result in an undisturbed section of roadway between two disturbed segments, or between one disturbed segment and an intersecting roadway, and such undisturbed section is 500 linear feet or less in length, said undisturbed section will still require full restoration, edge to edge, in accordance with Township roadway restoration specifications.

Once the excavation work area has been properly saw-cut and the backfill properly compacted, the permittee shall install no less than six inches of hot mix asphalt (HMA) 19M64 base course, to the surface of the excavation. Pavement shall be removed a minimum of six inches on each side of the excavation to expose undisturbed subgrade. Excavations less than two feet from the curbline will require removal of the existing pavement from excavation to the curbline.

All excavations shall be allowed to settle for no less than 90 days and no more than 180 days. During this time period, the permittee shall be responsible for maintaining the surface of the excavation.

Pavement surface restorations shall be as follows:

For existing street improvements, the permittee shall remove the asphalt concrete base repair to a depth of 1 1/2 inches below the surface of the existing street. Milling of excavations in existing street improvements may be required on a case-by-case basis as determined by Public Works. Milling limits shall be in accordance with Subsection D(4).

For new street improvements, the permittee will be required to mill all excavation work to the limits determined by Public Works. Public Works may waive this requirement for a minor individual opening.

For cement concrete streets with asphalt, milling will be required to the full depth of the overlay to the limits determined by Public Works.

(4)

Milling of all street improvements shall conform to the following standards:

(a)

For all excavations in new street improvements, Public Works, at its discretion, may require half-width or full-width milling on all excavations as deemed appropriate.

(b)

The minimum width of milling shall be six feet three inches. Milling shall extend a minimum of six inches for existing streets and 18 inches for new streets on all sides of the excavation work.

(c)

All milling shall extend to the curb or edge of pavement.

(d)

All milling within three feet of the center line of the street shall extend to the center line.

(e)

For excavations which disturb 30% or more of the width of the street surface, milling shall extend from the curb or edge of pavement to the center line of the street.

(f)

Excavations along the center line of the street for more than 50 linear feet will require full-width milling of the street surface.

(g)

Edges of milling will generally be perpendicular and parallel to the curbline or edge of pavement and the center line of the roadway.

(h)

Public Works has the discretion to extend, modify or revise milling limits to accommodate existing pavement and drainage conditions.

(5)

All milled areas shall be treated with a tack coat and paved with a minimum of 1 1/2 inches of hot mix asphalt ( HMA) surface course (Mix 9.5M64).

(6)

The minimum permitted permanent repairs shall be or, in the opinion of Public Works, be equivalent to:

(a)

In streets constructed with cement concrete: replacement of an equivalent concrete pavement.

(b)

In streets constructed with asphalt concrete: construction of a hot-mixed asphalt (HMA) base (Mix 19M64), six inches thick, and a hot-mixed asphalt (HMA) surface course (Mix 9.5M64), 1 1/ 2 inches thick. All pavement edges are to be cut and neatly matched; no overlaying existing pavements will be permitted.

(c)

In streets constructed of cement concrete with an asphalt concrete overlay: replacement of equivalent concrete and asphalt pavement. Asphalt concrete will be hot-mix asphalt concrete surface course (Mix 9.5M64), thickness to match existing, and hot-mix asphalt concrete base (Mix 19M64), thickness to match existing. Replacement of the cement concrete with asphalt concrete is not permitted.

(d)

In streets of lesser construction: as approved by Public Works at time of issuance of permit.

(e)

If the particular existing street pavements exceed these criteria, higher-type repairs may be required.

(7)

All materials and workmanship is to be in accordance with the New Jersey Department of Transportation Standard Specifications.

The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be tamped into place, and this fill shall be topped with a minimum of at least two inches of asphalt concrete (Mix 9.5M64) which is suitable to maintain the opening in good condition until permanent restoration can be made. During the winter months, cold patch may be substituted with the approval of Public Works. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of Public Works. If, in the judgment of Public Works, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, they may direct the permittee to lay a temporary pavement or steel plate or other suitable material over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.

Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by Public Works to restore the street to its original and proper condition, or as near as may be.

Acceptance or approval of any excavation work by Public Works shall not prevent the Township from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. Public Works' presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.

§ 428-26 Restoration by Township.

If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit or shall fail to adhere to other requirements of this article, the Township shall have the right to do all work necessary to restore the street, eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost in addition for general overhead and administrative expenses. The Township shall have a cause of action for all fees, expenses and amount paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided, and the Township shall also enforce its rights under any surety bond provided pursuant to this article. The Township will normally give the permittee 24 hours' notice of its intent to act, under the terms of this section, to eliminate violations of this article or to restore the surface, except that, in the case of immediate danger to public health or safety, certified to by the appropriate officials, no such notice will be provided.

It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for one year after restoring it to its original condition.

§ 428-27 Trenches in pipe laying.

Except by special permission from Public Works, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 250 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work. Except with the written permission of Public Works, no timber bracing, lagging, sheathing or other lumber shall be left in any trench.

§ 428-28 Prompt completion of work required.

The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practical and in any event not later than the date specified in the excavation permit therefor.

§ 428-29 Urgent work.

If, in its judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work. Public Works shall have full power to order, at the time the permit is granted or subsequent thereto, that labor and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.

§ 428-30 Emergency action.

In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Department of Public Works, Parks, and Engineering office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.

§ 428-31 Noise, dust and debris.

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust and unsightly debris and during the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of Public Works or in case of any emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

§ 428-32 Excavations in newly improved streets.

Whenever the Township Committee enacts any ordinance or resolution providing for the paving or repaving of any street, the Township Administrator shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that no excavation permit shall be issued for opening, cuts or excavations in said street for a period of five years after the date of enactment of such ordinance or resolution. Such notice shall also notify such persons that applications for excavation permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Administrator shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and departments or other persons that may desire to perform excavation work in said street.

Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within said 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said street shall be forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless, in the judgment of Public Works, an emergency as described in this article exists which makes it absolutely essential that the excavation permit be used.

Every Township department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five-day period as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said Township street during said five-year period.

§ 428-33 Preservation of monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by Public Works.

§ 428-34 Inspections.

The Department of Public Works, Parks, and Engineering or its designated representative shall make such inspections as are reasonably necessary in the enforcement of this article. The cost of such inspections will be borne by the Township, and the moneys obtained from the street excavation permit fee shall be used to wholly or partially defray these and other administrative costs associated with the enforcement of this article. Public Works shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article and may delegate responsibilities hereunder to subordinates and/or request the advice and assistance of the Township Engineer, other agencies or employees of the Township as necessary.

§ 428-35 Drawings of use of subsurface street space.

Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps, two copies, shall be filed with Public Works within 60 days after new installations, changes or replacements are made.

§ 428-36 Applicability.

The provisions of this article shall not be applicable to any excavation work under the direction of competent Township officials by employees of the Township or by any contractor of the Township or agency or department of the Township performing work for and on behalf of the Township necessitating openings of excavations in streets, nor shall the provisions of §§ 428-5 and 428-7 apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided that such subdividers or site developers have posted cash guaranties and surety in accordance with the applicable article requirements.

§ 428-37 Insurance requirements.

The permittee and/or contractor shall procure and maintain at his own expense, until acceptance by the Township, insurance for liability for damages imposed by law and assumed under the article of the kinds and in the amounts hereinafter provided in insurance companies authorized to do business in the state. Before commencing the work, the permittee and/or contractor shall furnish to the Township a certificate or certificates of insurance, together with declaration pages, in form satisfactory to the Township showing that he has complied with this article. The certificate or certificates and declaration pages shall provide that the policies shall not be changed or canceled until 30 days' notice has been given the Township. All certificates and notices of cancellation or change shall be mailed to the Township Clerk, Township of Middletown, One Kings Highway, Middletown, New Jersey 07748. Upon request, the permittee and/or contractor shall furnish the Township with a certified copy of each policy itself, including the provisions establishing premiums.

The Township Committee may require in cases where the character or nature of the proposed excavation work are such as to present an unusual hazard, or higher-than-normal risk of damage or injury, increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred, by Public Works, for the consideration of the Township Committee prior to the issuance of a permit. If no special provisions are required, the types and minimum limits of insurance are as follows:

Comprehensive general liability insurance.

(a)

The minimum limits of liability for this insurance shall be as follows:

	Bodily Injury/Property Damage Liability
	Each Person	Aggregate
	$1,000,000	$1,000,000

(b)

The above-required comprehensive general liability insurance shall name the Township, its officers and employees as additional named insureds.

(c)

The coverage to be provided under this policy shall be at least as broad as the standard, basic unamended and unendorsed comprehensive general liability policy. Moreover, such policy shall be endorsed so as to delete any exclusions applying to property damage liability arising from underground property damage hazards relating to explosions, damage to underground utilities and collapse hazards.

(d)

The insurance policy shall be endorsed to include board form general liability, contractual liability and completed operations coverage.

Comprehensive automobile liability insurance. The comprehensive automobile liability policy shall cover owned, nonowned and hired vehicles with minimum limits as follows:

	Bodily Injury/Property Damage Liability
	Each Person	Aggregate
	$1,000,000	$1,000,000