Township of Plumsted, NJ Excavation of Streets and Sidewalks

A clearly, legibly drawn plan or sketch delineating the exact location of the street opening. The sketch plan shall include the following information:

(a)

The length and width of the opening.

(b)

Location of the existing Township storm drainage systems and appurtenances within a minimum of twenty-five (25) feet or more in the discretion of the Township Engineer.

(c)

Location of all curbing, sidewalk and other municipal improvements within a one hundred (100) foot radius of the trench of road opening limits.

(d)

Where depths of trenches or excavations in excess of four (4) feet are such that shoring, sheeting or other means of stabilizing or bracing the trench opening is required, detailed plans, bearing the seal and signature of a New Jersey Licensed Professional Engineer.

(e)

Any application for a permit for property located within the Pinelands shall comply with all applicable Pinelands regulations.

Certificate of liability insurance indemnifying and holding harmless the Township of Plumsted from any liability arising from the street opening or trench or restoration thereof.

Performance guaranty conforming to the requirements set forth in § 57-5 herein.

(4)

Application form.

(5)

Application fee in the amount prescribed in § 57-4 herein.

(6)

In the case of trench openings in which traffic detours are required or in which the trench will remain open for periods longer than one (1) day or overnight, a detailed barricade, warning device, and detour plan conforming with all applicable requirements of the Manual on Uniform Traffic Control Devices shall be provided. The plan shall be reviewed and be subject to the approval of the governing body and Plumsted Township Police Department.

(7)

A written schedule of operations indicating the anticipated dates of street openings and excavations and restoration work.

(8)

A written statement by the permittee describing in detail where any and all excavated materials shall be disposed of and written documentation that the proposed location for disposal is a location with all necessary governmental approvals for this purpose and, in particular, if said location is a landfill, proof that said landfill is registered and licensed to accept such material.

(9)

The application shall be referred to the Plumsted Municipal Utilities Authority for its review and recommendation. The Authority shall review the application to determine if the excavation will interfere with municipal water or sewer lines, whether they be existing or proposed.

Permittee. The permit shall be issued jointly in the name of the contractor actually performing the work of the street opening and the person, firm, partnership, utility, corporation or other entity for whom the work is to be performed. It shall be understood that the Township of Plumsted shall hold equally liable and responsible both the contractor actually performing the work and the entity for whom the work is performed regarding all restoration, maintenance of traffic, protection of public safety, repair of defective trench or excavation restoration in the pavement and all else related to the trench or excavation and restoration thereof.

Permit. No street opening or any other work within the right-of-way of a public road, street, highway or thoroughfare of the Township of Plumsted shall commence until a written permit has been duly issued by the governing body or their designee. A copy of the permit shall be available at the work location during all periods of construction and restoration operations and shall be provided for inspection upon demand.

§ 57-4 Schedule of permit fees.

The following schedule of fees is hereby fixed, determined and established as being the fees to be paid the Township of Plumsted for the issuance of all road opening or street excavation permits. Should any additional cost be incurred by the Township of Plumsted due to the permittee's operations or negligence including administrative, engineering, inspection and legal costs, the permittee shall reimburse the Township for all costs incurred. The Plumsted Municipal Utilities Authority shall be exempt from the fees required for road opening or street excavation permits.

Schedule of Fees
Opening Length (feet)	Fee
Under 50	$ 45.00
50 & over but less than 200	60.00
200 and over but less than 1,000	90.00
1,000 or more	120.00

The above fees shall accompany the application when filed with the Township and are not refundable.

Disposition of fees. All fees set forth in § 57-3A herein shall be payable to the Township of Plumsted and shall be nonrefundable. Fees shall become property of the Township of Plumsted.

The contractor shall be responsible for all inspection fees incurred by the Township. The Township reserves the right to require the posting of an inspection escrow to be calculated by the Township Engineer.

§ 57-5 Performance and maintenance guaranties.

Each applicant for a permit for such opening or trench shall post, prior to issuance of any road opening or street excavation permit, a performance guaranty insuring proper and satisfactory completion of all pavement and trench restoration in strict accordance with the specifications set forth herein. The amount of the performance guaranty shall be estimated by the Township Engineer for each street opening or trench excavation and shall be based upon the pavement requirements and restoration necessary for each specific application, as well as the amount necessary for each specific application, as well as the amount necessary to dispose of any and all excavated material in a proper manner and in accordance with the permittee's application submission as set forth pursuant to the requirements of § 57-3A(8).

The performance guaranty shall be posted with the Plumsted Township Chief Financial Officer and shall be in any of the forms indicated herein:

Certified check drawn payable to the Township of Plumsted and drawn on a New Jersey bank.

Letter of credit drawn in favor of the Township of Plumsted and issued by a New Jersey fiduciary institution. The letter of credit shall be subject to the review and approval of the Township attorney for form prior to its acceptance and shall contain an automatic ninety-day renewal provision.

Surety bond issued by a surety company licensed by the State of New Jersey. Evidence shall be submitted as to the solvency of the bonding company issuing the bond. The bond shall be executed by the permittee as principal herein and the surety company shall be the surety therein.

Maintenance guaranty. Upon completion of the final permanent restoration to the satisfaction of the governing body, of the public road, street, highway or thoroughfare in accordance with all standards set forth herein, a maintenance guaranty shall be posted by the permittee.

The maintenance bond shall be in one of the three (3) forms set forth in § 57-5B. The maintenance guaranty shall be in an amount equal to fifty (50) percent of the performance guaranty amount and shall remain in force for a period of not less than two (2) years from the date of acceptance of the permanent pavement restoration by the governing body.

Release of guaranties; performance guaranties. Performance guaranties shall be released upon satisfaction of the following conditions:

Approval of the governing body of all final, permanent road restoration work in accordance with the standards set forth herein.

Posting of an acceptable maintenance guaranty conforming to the requirements set forth in § 57-5C herein.

Proof that any and all excavated material has been disposed of in a legally acceptable and approved manner in accordance with the permittee's application submission.

Utilities.

Any bona fide utility regulated and licensed by the New Jersey Board of Public Utilities, may in lieu of posting separate maintenance and performance guaranties, shall be permitted to post annually a performance guaranty and maintenance guaranty. The amount of the guaranties shall be determined by the governing body. The utility shall provide to the governing body a projected list of openings of scheduled utility extensions during the calendar year, and an estimate of the average number of emergency openings which may be experienced in the course of a year.

The utility shall, upon request, provide the names, addresses, telephone numbers and contact officials of all contractors who will be performing street openings and pavement restoration work. This shall not relieve the utility of any responsibilities for obtaining the necessary road opening permits.

Exemption; Plumsted Municipal Utilities Authority. Notwithstanding any of the foregoing provisions of this section, the Plumsted Municipal Utilities Authority shall be exempted from the requirement that performance and maintenance guaranties be posted prior to the issuance of a street opening permit.

§ 57-6 Pavement restoration requirements.

All pavement restoration shall be in strict compliance with the standards set forth herein and all materials shall conform with all applicable requirements of the Standard Specifications for Road and Bridge Construction - 1983 and as amended by the latest addenda of the New Jersey Department of Transportation, hereinafter referred to as "Standard Specifications."

Bituminous pavement restoration. The restoration of all bituminous surfaced roadways disturbed, opened, excavated or in which trenches have been dug, shall conform to the following pavement types and thicknesses specified herein.

Surface course. All surface courses shall be of bituminous concrete, hot mixed, Type FABC-1, N.J.D.O.T. Mix No. 1-5, having a compacted thickness of either one and one half (1/2) inches or two (2) inches, as required to conform with the pavement surface thickness of the pavement or classification of road in which the restoration is to be performed. The bituminous concrete surface shall be placed on a bituminous stabilized base course as set forth herein. A tack coat conforming to the requirements herein shall be applied to the base course prior to placement of the surface course.

Base course. A bituminous stabilized base course shall be placed in a total compacted thickness of six (6) inches in the trench area and shall conform to all applicable requirements set forth in the Standard Specifications for bituminous stabilized base course, hot mixed, Type CABC-2, stone mix, Mix I-1 or I-2. The base course shall be placed in a minimum of two (2) lifts, each lift having a compacted thickness of not greater than three (3) inches with the first lift being compacted in accordance with the requirements of the Standard Specifications before placing the succeeding lift of base course material. The bituminous stabilized base course shall be placed on an aggregate subbase course conforming to the requirements set forth herein.

Subbase course. A subbase course consisting of a minimum compacted thickness of six (6) inches of Quarry Blend stone conforming to gradation Type 1-5 or eight (8) inches compacted thickness (minimum) of soil aggregate (Bank Run Gravel) conforming to gradation type as set forth in the Standard Specifications. A filter fabric of an approved type and thickness may be placed on the subgrade prior to placement of the subbase.

Gravel surfaced roads. In the case of a gravel or soil aggregate surfaced roadway, the minimum restoration thickness shall consist of not less than the eight (8) inches compacted thickness of soil aggregate conforming to gradation type as set forth in the Standard Specifications. A filter fabric or geotextile of an approved type and thickness may be placed over the subgrade prior to placement of any soil aggregate or gravel surface course.

Sidewalks. Any concrete sidewalk disturbed, damaged or disrupted as part of the trench opening shall be replaced with concrete sidewalk conforming to all applicable standards of the Township of Plumsted. All concrete shall be ready-mixed Air Entrained Portland Cement Concrete conforming to all applicable requirements set forth in the Standard Specifications for Class B concrete. All concrete shall have a minimum compressive strength (28 day) of not less than 4,000 psi. Expansion joints shall be of a minimum thickness of one-half (1/2) inch and shall be of the bituminous cellular type conforming to the requirements of the Standard Specifications. All concrete sidewalk shall have a minimum compacted thickness of not less than four (4) inches, and must comply with the requirements of barrier free accessibility.

Curb and gutters. Where concrete curbing and/or gutters are disturbed, damaged or removed, curbing and gutters of the exact configuration as the existing curbing and/or gutters shall be constructed. Concrete shall be Portland Cement Concrete (air entrained) conforming to the requirements of the Standard Specifications for Class B concrete and shall have a minimum compressive strength of 4,000 psi after twenty-eight (28) days.

Topsoiled and unpaved areas. All topsoiled, seeded or otherwise unpaved areas disturbed in the course of the work shall be topsoiled with a minimum thickness of not less than four (4) inches of loam type topsoil. Fertilizer, lime and all other soil conditioners needed to promote the proper growth of grass shall be incorporated and thoroughly worked into the topsoil. Seed or sod of the species suitable for growth in the location and environment and conforming to the requirements of the Standard Specifications shall be placed in all unpaved areas, and must comply with the requirements of barrier free accessibility.

Gravel shoulder areas. All shoulder areas disturbed in the course of the trench opening shall be restored and graded to provide and maintain the proper flow of drainage and to provide adequate lateral support of the abutting pavement structure. The gravel material shall be soil aggregate, Type I-6 conforming to all applicable requirements of the Standard Specifications. The soil aggregate or gravel shall be a minimum thickness of not less than eight (8) inches compacted thickness.

Concrete drive aprons. All concrete drive aprons disturbed during the course of excavation or trench opening shall be replaced in accordance with all applicable standards for concrete drive aprons as set forth in § 93-37S of the Plumsted Township subdivision ordinance and shall be constructed of Portland Cement Concrete (air entrained), Class B concrete having a 28-day compressive strength of 4,000 psi and a minimum concrete thickness of six (6) inches including the sidewalk area traversing the apron. The apron shall be reinforced with welded steel wire mesh having a mesh grid pattern of six (6) inches by six (6) inches and being of electrically welded construction of ten (10) gauge steel wire.

§ 57-7 Construction standards; methods of construction.

All methods of construction and construction practices employed in the opening of trenches, digging in streets, backfilling, compacting and restoration of pavements shall be in strict compliance with the requirements set forth herein, with the Standard Specifications, or as otherwise directed by the governing body or their designee.

Excavation.

Prior to the removal of any pavement or the excavation of any trench the pavement shall be cut, in a straight line along the lines of the trench or opening. The pavement shall be cut using a pavement saw, chisel cut or other device as approved by the Township Engineer. The cut shall extend through all courses of bituminous concrete surface and base courses. Should broken or failed pavement be encountered within or abutting the limits of the trench, these areas shall be cut back to an area of sound pavement. In the event of overexcavation, the pavement shall be sawcut back to a straight line abutting sound pavement, and firm base, free of undermined areas. In the case of undermining of the area beneath the pavement abutting the trench, the pavement over the undermined area shall be saw or chisel cut in a straight line to produce a straight edge abutting sound pavement over a firm, undisturbed subgrade.

The excavation shall be conducted in such a manner as not to interfere or disrupt any existing utility installations, building connections, foundations, curbing, sidewalk, traffic signal appurtenances, storm drains, or other appurtenances either located or extending into a subsurface area either within the trench area or within proximity of the trench or opening area in such a manner as to possibly be affected by the trenching or opening activity.

All unsuitable backfill material shall be removed from the work area and disposed of in a location and manner as approved by the governing body. The permittee shall replace all unsuitable material conforming to the requirements for Select Borrow, Gradation I-13. All excess material shall be removed and disposed of in a manner and location as approved by the governing body. The removal and disposal of all unsuitable backfill and excess material and the replacement of all unsuitable backfill material shall be at the expense of the permittee.

(4)

Shoring, bracing and stabilization. The permittee shall insure the proper bracing, shoring and other means of trench stabilization shall be constructed wherever required or deemed necessary by the governing body or by any state, federal or local laws. All shoring, bracing and stabilization shall be designed to withstand all lateral pressures and support all loading surcharges imposed by traffic, adjoining structures, or other sources of surcharge loading. All shoring, bracing and stabilization shall conform to the plan, as required hereinabove and shall be designed by a New Jersey Licensed Professional Engineer. All shoring, bracing and stabilization shall conform with all standards set forth by the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor and the Bureau of Workplace Safety Standards of the New Jersey Department of Labor and Industry. In the case of prefabricated steel trench boxes or other devices, only those devices conforming with all applicable standards set forth hereinabove shall be employed.

(5)

No soil, materials or other items shall be placed so as to interfere with public use of the highway, road or street or as to create a traffic hazard.

(6)

Time limit. The opening or trench shall be backfilled and paved, if required, immediately. The final pavement shall be restored in accordance with the requirements of this chapter within forty-five (45) days thereafter, unless extended by the Township Engineer. The permittee shall maintain the trench and regrade the subgrade as required until final paving is installed. In case the work has not been completed before the day of expiration as shown in the permit and the permittee has not requested an extension of time, the governing body may, if he deems it advisable, take steps to back fill the trench and replace a permanent pavement over the opening for which the permit has been issued, and if any extension of time beyond said date is needed for the completion of the work, a new application must be filed if required by the governing body.

Backfilling. All backfilling of trenches, openings and excavations in streets, roads, highways and thoroughfares of the Township of Plumsted shall be performed in strict compliance with the procedures and methods set forth herein and in the Standard Specifications established by the New Jersey Department of Transportation, or as otherwise directed by the governing body or their designee.

Pavement restoration. All pavement restoration shall be performed in strict compliance with all applicable requirements as set forth in the Standard Specifications established by the New Jersey Department of Transportation or as otherwise amended herein or as otherwise directed by the governing body.

§ 57-8 Traffic safety; control; barricade.

The permittee shall bear all responsibility for insuring traffic safety and safety to the public in the trench and work area at all times. The permittee shall also be responsible for maintaining proper traffic circulation throughout the work area. The permittee shall insure compliance with all provisions herein or as otherwise directed by either the governing body or the Police Department.

Barricades, warning devices, traffic control devices.

All barricades, signs, flasher units, cones, traffic warning and direction devices, barrel delineators and all other devices employed in traffic control, warning and direction in and around the work area shall be in strict compliance with all requirements set forth in the Manual for Uniform Traffic Control Devices (MUTCD) including design, placement and maintenance.

It shall be the responsibility of the permittee to erect and maintain at all times all required barricades, signs, warning devices and all other items as required to maintain traffic safety and circulation and public safety and convenience.