[Adopted 3-26-1987 as Ord.
No. 11-87 (Ch. 65 of the 1974 Code)]
No person, firm, partnership, corporation, utility, quasi-public body
or other entity shall open or dig a trench in a public road, street, highway
or thoroughfare of the Township of Lacey nor direct or cause any employee,
agent or contractor of such person, firm, partnership, corporation, utility,
quasi-public body or other entity to open or dig a trench or make any other
excavation or disruption of pavement in any street, highway, road or thoroughfare
of the Township of Lacey until a written permit for such opening, excavation,
trench or other pavement disruption has been duly issued by the Director/Superintendent
of Public Works of the Township of Lacey.
Application for all permits to excavate, open or dig trenches or otherwise
disrupt or break pavements in any public road, highway, street or thoroughfare
of the Township of Lacey shall be made on the forms provided by the Lacey
Township Department of Public Works and submitted to the Superintendent/Director
of the Department of Public Works. Accompanying all applications shall be
the following:
A. Application submissions.
(1) 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 one-hundred-foot radius of the opening.
(c) Location of all curbing, sidewalk and other municipal
improvements within a one-hundred-foot radius of the trench of road opening
limits.
(d) Where depths of trenches or excavations 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.
(2) Certificate of liability insurance indemnifying and holding
harmless the Township of Lacey from any liability arising from the street
opening or trench or restoration thereof.
(3) Performance guaranty conforming to the requirements set forth in §
293-4 herein.
(5) Application fee in the amount prescribed in §
293-3 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 day or overnight, a detailed barricade, warning device and detour plan
conforming to 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 Director/Superintendent of Public Works and Lacey 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.
[Added 1-25-1990 by Ord.
No. 2-90]
(9) The application shall be referred to the Lacey 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.
[Added 7-12-1990 by Ord.
No. 28-90]
B. 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 Lacey 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 and restoration of the pavement and all
else related to the trench or excavation and restoration thereof.
[Amended 7-11-1996 by Ord.
No. 96-36]
C. 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 Lacey shall commence until a written permit has been duly issued by the
Director/Superintendent of Public Works. 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.
[Amended 1-25-1990 by Ord.
No. 2-90]
A. The following schedule of fees is hereby fixed, determined
and established as being the fees to be paid to the Township of Lacey for
the issuance of all road opening or street excavation permits. Should any
additional cost be incurred by the Township of Lacey 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 Lacey Municipal Utilities Authority shall be exempt from the
fees required for road opening or street excavation permits.
[Amended 8-23-1990 by Ord.
No. 39-90; 12-12-2002 by Ord. No. 02-69]
|
Schedule of Fees
|
---|
|
Opening
(square feet)
|
Fee
|
---|
|
Up to 50 of trench
|
$330
|
|
Over 50, up to 250
|
$330, plus $0.30 per square foot over 50 square feet
|
|
Over 250
|
$390, plus $0.15 per square foot over 250 square feet
|
B. Disposition of fees. All fees set forth in §
293-3A herein shall be payable to the Township of Lacey and shall be nonrefundable. Fees shall become property of the Township of Lacey.
C. In addition to the fees set forth above, each permittee
at the time of submitting a permit application shall submit a nonrefundable
administrative fee of $75.
A. 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 property 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 Director/Superintendent of Public Works 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 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 §
293-2A(8).
[Amended 1-25-1990 by Ord.
No. 2-90]
B. The performance guaranty shall be posted with the Lacey
Township Chief Financial Officer and shall be in any of the forms indicated
herein:
(1) Certified check drawn payable to the Township of Lacey
and drawn on a New Jersey bank.
(2) Letter of credit drawn in favor of the Township of Lacey
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.
(3) 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.
C. Maintenance guaranty. Upon completion of the final permanent restoration to the satisfaction of the Lacey Township Director/Superintendent of Public Works, 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 forms set forth in §
293-4B. The maintenance guaranty shall be in an amount equal to 50% of the performance guaranty amount and shall remain in force for a period of two years from the date of acceptance of the permanent pavement restoration by the Township Public Works Director/Superintendent.
[Amended 7-11-1996 by Ord.
No. 96-36]
D. Release of guaranties; performance guaranties. Performance
guaranties shall be released upon satisfaction of the following conditions:
[Amended 1-25-1990 by Ord.
No. 2-90]
(1) Approval of the Lacey Township Public Works Director/Superintendent
of all final, permanent road restoration work in accordance with the standards
set forth herein.
(2) Posting of an acceptable maintenance guaranty conforming to the requirements set forth in §
293-4C herein.
(3) 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.
E. Utilities.
(1) 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, post annually a performance guaranty and maintenance
guaranty. The amount of the guaranties shall be determined by the Director/Superintendent
of Public Works. The utility shall provide to the Director/Superintendent
of Public Works 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.
(2) The utility shall 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.
F. Exemption; Lacey Municipal Utilities Authority. Notwithstanding
any of the foregoing provisions of this section, the Lacey 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.
[Added 7-28-1988 by Ord.
No. 36-88]
All pavement restoration shall be in strict compliance with the standards
set forth herein, and all materials shall conform to 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."
A. 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.
(1) Surface course. All surface courses shall be of bituminous
concrete, hot-mixed, Type FABC-1, N.J.D.O.T. Mix No. I-5, having a compacted
thickness of either one and one-half (1 1/2) inches or two 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.
(2) Base course. A bituminous stabilized base course shall
be placed in a total compacted thickness of six 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 lifts, each lift having a compacted thickness of not greater than three
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.
(3) Subbase course. A subbase course consisting of a minimum
compacted thickness of six inches of quarry blend stone conforming to gradation
Type I-5 or eight 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 shall be
placed on the subgrade prior to placement of the subbase.
B. 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 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 shall be placed over the subgrade
prior to the placement of any soil aggregate or gravel surface course.
C. 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 Lacey. 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 (twenty-eight-day)
of not less than 3,500 pounds per square inch. 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 sidewalk shall be placed on a soil aggregate base conforming to the requirements
specified elsewhere herein. All concrete sidewalk shall have a minimum compacted
thickness of not less than four inches, and all base courses beneath sidewalks
shall have a minimum compacted thickness of not less than four inches.
D. 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 pounds per square inch after 28 days.
E. 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 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.
F. 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 inches' compacted thickness.
G. 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 Chapter
297, Subdivision of Land, and shall be constructed of Portland cement concrete (air-entrained), Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and a minimum concrete thickness of six 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 inches by six inches and being of electrically welded construction of 10-gauge steel wire.
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 Director/Superintendent
of Public Works.
A. Excavation.
(1) 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 cutting
wheel, pavement saw or other device as approved by the Director/Superintendent.
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 saw-cut 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 wheel-cut
in a straight line to produce a straight edge abutting sound pavement over
a firm undisturbed subgrade.
(2) 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.
(3) All unsuitable backfill material shall be removed from
the work area and disposed of in a location and manner as approved by the
Director/Superintendent. 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 Director/Superintendent. 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
ensure that the proper bracing, shoring and other means of trench stabilization
shall be constructed wherever required or deemed necessary by the Director/Superintendent
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 to all standards
set forth by the Occupational Safety and Health Administration (OSHA) of the
United States 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 to 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 Article not less than 30 days
and not more than 45 days thereafter. 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 Director/Superintendent
of Public Works may, if he or she deems it advisable, take steps to backfill
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 Director/Superintendent of Public Works.
[Amended 1-25-1990 by Ord.
No. 2-90; 7-11-1996 by Ord.
No. 96-36]
B. Backfilling. All backfilling of trenches, openings and
excavations in streets, roads, highways and thoroughfares of the Township
of Lacey shall be performed in strict compliance with the procedures and methods
set forth herein and in the Standard Specifications or as otherwise directed
by the Director/Superintendent.
(1) All pipe shall be placed on the proper class and type
of bedding required for the type of soil conditions encountered, depth of
cover over the pipe, type of pipe and traffic loading imposed.
(2) In those instances where the height of cover over the
pipe or conduit is less than the minimum height of cover as required for the
type of conduit or pipe, pipe thickness and diameter needed to withstand a
minimum AASHTO H-20 Loading, the conduit or pipe shall be encased in reinforced
concrete with the encasement being of the thickness, reinforcement and configuration
to support loading. The encasement shall be constructed so that the load is
not carried by the conduit or any other pipe or conduit which is located beneath
the conduit or pipe under construction.
(3) Backfill shall be thoroughly compacted by mechanical
means in six-inch lifts to a minimum ninety-five-percent (AASHTO T-95 Proctor)
relative density. Tampers or compaction equipment shall be designed for the
type of material being compacted. All compaction equipment shall be subject
to the inspection of the Director/Superintendent.
(4) All backfilling operations shall be formed in strict
compliance with all requirements of the Standard Specifications or as otherwise
directed by the Director/Superintendent.
(5) Under no circumstances shall puddling, flooding or other
nonmechanical means of compaction be permitted.
C. Pavement restoration. All pavement restoration shall
be performed in strict compliance with all applicable requirements as set
forth in the Standard Specifications or as otherwise amended herein or as
otherwise directed by the Director/Superintendent.
(1) All existing pavement edges shall be completely tacked
prior to placement of bituminous concrete with heated asphalt cement Grace
AC-10 or AC-20.
(2) Prior to placement of the soil aggregate or quarry blend
subbase course on the subgrade, a filter fabric or geotextile shall be placed
in the trench. The geotextile or filter fabric shall be an approved type and
thickness and shall be installed in strict accordance with the manufacturer's
instructions.
(3) The subbase course shall be thoroughly compacted to a
minimum ninety-five-percent relative density (AASHTO T-95 Proctor) prior to
placing the bituminous stabilized base course.
(4) Prior to placing the bituminous stabilized base course,
a prime coat consisting of an asphalt cutback, Grace MC-250 or approved equal,
shall be applied at a rate of 0.25 gallon per square yard, a minimum of 12
and not greater than 24 hours prior to the placement of the bituminous stabilized
base course. If, in the opinion of the Director/Superintendent, the optimum
moisture content and binder content of the subbase material is sufficient,
the prime coat requirement may be waived upon specific application.
(5) The bituminous stabilized base course material shall
be placed in two immediately successive lifts of three inches' compacted thickness,
with each lift being thoroughly compacted prior to placement of the succeeding
lift. The bituminous stabilized base course shall be brought to the elevation
of the surrounding existing pavement.
(6) A minimum interval of 30 calendar days shall pass between
placement of the final bituminous concrete surface course to allow for settlement.
(7) Prior to placement of the final bituminous concrete surface
course, the trench area shall be thoroughly swept of all soil, foreign material,
moisture, silt, sand and other substances which would prevent proper adhesion
of the bituminous concrete or tack coat. Any failed areas of base course shall
be removed, replaced and recompacted to the satisfaction of the Director/Superintendent.
(8) Prior to placement of the final pavement, the area shall
be tacked with asphalt cutback, Grace MC-70 or approved equal. The tack coat
shall extend to provide smooth transition to the existing pavement.
(9) The final pavement shall be constructed in strict accordance
with all provisions of the Standard Specifications. The finished pavement
shall be blended and finished in such a manner as to provide a smooth transition
to the existing pavement surface providing a smooth joint and edge and bond
between the pavement restoration and the existing pavement. The finished pavement
shall be free of depressions, high areas or other surface irregularities.
(10) Where traffic markings are disturbed in the course of
pavement restoration or trench opening, it shall be the responsibility of
the permittee to ensure that all pavement markings are restored in accordance
with all applicable requirements and to the satisfaction of the Director/Superintendent.
(11) Four months prior to the new paving of any roadway, the
Township of Lacey shall provide notification of the road paving to all property
owners along the roadway.
[Added 2-25-1993 by Ord.
No. 93-14]
(12) Restoration.
[Added 2-25-1993 by Ord.
No. 93-14]
(a) No newly paved road shall be opened for a period of three
years from the date of acceptance by the Township unless such road is restored
in two stages. The two stages shall consist of an initial restoration and
a final restoration as follows:
[1] The initial restoration shall consist of the installation
of six inches of gravel base course, Soil Aggregate Designation I-5, in the
entire excavated area. This shall be covered by an eight-inch-thick course
of bituminous stabilized base course with the surface flush with the existing
surface course.
[2] Final restoration shall consist of the milling out of
1.5 inches of the previously installed bituminous stabilized base course and
an area of existing pavement to a minimum distance of one foot outside the
trench area and the installation of 1.5 inches of bituminous concrete surface
course, Mix No. I-5, within the previously milled out area. The surface course
shall be flush with the existing road surface. Final restoration shall take
place six months after the completion of the initial restoration.
(b) All materials shall conform to the latest revision of
the New Jersey Department of Transportation Standard Specifications for Road
and Bridge Construction.
The permittee shall bear all responsibility for ensuring 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 ensure compliance with all provisions herein
or as otherwise directed by either the Director/Superintendent or the Police
Department.
A. Barricades, warning devices, traffic control devices.
(1) 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.
(2) 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.
(3) Flashers, reflective devices and other items required
to ensure visibility of the trench or work area in hours of darkness shall
be provided in strict compliance with all requirements set forth in the Manual
of Uniform Traffic Control Devices.
(4) Maintenance and emergency situations. The permittee shall
provide to the Director/Superintendent and to the Lacey Township Police Department
the names and telephone numbers of responsible individuals who can be contacted
on a twenty-four-hour-a-day, seven-day-per-week basis to respond to an emergency
involving the trench or street opening and to replace or repair any defective,
nonfunctioning, vandalized, stolen, damaged or otherwise ineffective barrier,
warning device, flasher, sign, barricade or other device as required to repair
or cause to be repaired any trench restoration failure or unsafe condition.
(5) Manholes, inlet castings, valve boxes. Should it be necessary
to allow, for any period of time whatsoever, a manhole casting, storm drainage
inlet casting, valve box, traffic signal detector plates or other appurtenances
in the roadway, shoulder or sidewalk area to remain above the elevation of
the surrounding pavement, ground or sidewalk, barricades, barrel delineators
or other suitable devices provided with flasher units shall be placed over
the appurtenance and shall be secured to prevent toppling or unauthorized
removal or tampering but shall conform with all applicable requirements of
the Manual of Uniform Traffic Control Devices for breakaway in the event of
vehicle collisions. If, in the opinion of the Director/Superintendent, temporary
pavement can be placed around the appurtenance to alleviate the unsafe condition,
the permittee shall be required to place such temporary pavement in accordance
with all requirements specified herein, and to properly remove such pavement
when the appurtenance has been set to proper grade.
(6) Temporary crossings, road plates. Should the permittee
propose the use of road plates or other temporary bridging, the specific approval
for such items must be obtained, in writing, from the Director/Superintendent.
(7) Detours. No detours shall be implemented unless specific
written approval has been granted by the Director/Superintendent and the Township
Police Department. Prior to implementation or approval of any detour, the
permittee must submit a specific application to the Director/Superintendent
and Police Department. Such application shall include the following submissions:
(a) Six copies of a detour plan indicating the following
information:
[1] Location of detour indicating street from which traffic
is to be detoured and streets of alternate route.
[2] Alternate route location.
[3] Signing plan indicating the location of all signs and
details of all signs including advance warning signs, traffic direction signs
and barricades.
[4] Placement of uniformed traffic control officers. Locations
of all traffic control officers conforming to the requirements herein.
[5] Written narrative of detour plan indicating route of
detour, length of time detour is to remain in effect, traffic control measures,
and means to provide access to all residences and businesses within detour
area.
[6] Evidence of notification of all agencies, including but
not limited to:
[a] Volunteer fire company service district in which detour
is located.
[b] First aid squad serving district in which the detour
is located.
[c] Board of Education Transportation Coordinator and Superintendent
of Schools.
[f] All other agencies as may be directed by the Public Works
Department.
B. Application for detour approval must be submitted 30
days in advance of the date of implementation of the detour. A waiver of this
requirement may be permitted if, by determination of the Director/Superintendent,
a bona fide emergency condition exists.
C. Uniformed traffic control directors. Where the need for
traffic control directors or flagmen is indicated, all personnel shall be
uniformed and shall have satisfactorily completed an approved traffic control
and traffic direction course. All traffic control directors shall be equipped
with all required flags, safety attire and communication equipment as required
by the Manual of Uniform Traffic Control Devices and the State of New Jersey.
All traffic control directors shall be subject to the approval of the Lacey
Township Chief of Police.
[Amended 7-11-1996 by Ord.
No. 96-36]
Any person, firm, corporation, utility, quasi-public body or other entity
granted a permit by the Township of Lacey to open or excavate a trench or
other excavation or otherwise disrupt pavement in any area within the right-of-way
of any road in any road, street, highway or public thoroughfare of the Township
of Lacey shall accept, as conditions of being granted the permit, the following
responsibilities:
A. Assume all liability and responsibility arising from
the street opening covered by the permit, including liability arising from
the opening, construction operations, traffic safety and control and restoration,
holding the Township of Lacey harmless from all liability and litigation.
B. Comply with all requirements set forth herein or as otherwise
directed by the Director/Superintendent of Public Works.
C. Provide the Director/Superintendent of Public Works for
the Township of Lacey with a minimum of two working days' notice in advance
of commencement of street-opening work.
D. Notify all utilities or other entities of the street-opening
work as required by New Jersey law.
E. Protect the health, safety and welfare of the public
at all times by employing all required traffic safety devices, warning devices
and other items required to maintain traffic safety and circulation.
F. Prevent to the fullest extent possible the inconvenience
to the public due to road-opening work and maintain at all times safe and
efficient traffic circulation around the work.
G. Provide and maintain proper liability insurance coverage
for work operations protecting and holding the Township of Lacey harmless
from all suits arising from the road opening.
H. Provide and maintain safe working conditions for all
personnel and provide adequate workers' compensation insurance, holding the
Township harmless and protected from all suits arising from injuries sustained
by personnel in the course of the permittee's operations.
I. Maintain proper barricades, signs, warning devices and
all other traffic safety devices at all times.
J. Obey all instructions issued regarding the permit issued
by the Director/Superintendent of Public Works.
K. Post all required maintenance guaranties as required
and repair any defects or failures in the restoration during the period covered
by the maintenance guaranty. The permittee shall ensure that all repairs are
carried out within two working days of notification of restoration defects
or failure by the Public Works Director/Superintendent.
A. All work shall be subject to the inspection by the Township
Department of Public Works Director/Superintendent or his or her designee.
The Director/Superintendent of Public Works shall reserve the right to inspect
all work relating to the street opening, including, but not limited to, excavation,
backfill, bedding, pavement restoration, restoration maintenance and traffic
control and safety measures. If, in the opinion of the Public Works Director/Superintendent,
the permittee is not complying with all requirements set forth herein, or
as otherwise directed, or that the permittee has failed to maintain safe conditions
in the work area creating a hazard to both the public and/or personnel, the
Public Works Director/Superintendent shall reserve the right to revoke the
permit and require the permittee to cease work for which the permit and street
opening is intended until such noncompliances have been rectified to his or
her satisfaction.
[Amended 7-11-1996 by Ord.
No. 96-36]
B. All restoration work shall be subject to the review and approval by the Director/Superintendent of Public Works. No pavement restoration shall be considered to be complete or accepted until approved by the Director/Superintendent of Public Works. Once approved by the Director/Superintendent, notification will be given to the permittee. Release of the performance guaranty will not be authorized until satisfactory posting or acceptance of the maintenance guaranty conforming to the requirements set forth in §
293-4 herein.
[Amended 7-11-1996 by Ord.
No. 96-36]
The permittee shall solely be liable and responsible for any damages,
injuries or claims resulting from the street opening, restoration or which
are by any connection related to the permit, the permittee's operations or
actions. Nothing in this Article shall be understood or construed by any permittee
or other person as to absolve any permittee, his or her employees, agents
or contractors of any responsibility for any damage or injuries suffered by
any person or property in opening or digging in any public road, street, highway
or thoroughfare.
A. The permittee shall post with the Director/Superintendent
of Public Works a certificate of public liability insurance providing a minimum
umbrella or comprehensive coverage limit of not less than $1,000,000 for injuries,
including wrongful death, to any one person and, subject to the same limit
for each person, in an amount not less than $500,000 on account of one accident,
and property damage insurance in an amount of not less than $250,000 for damage
to property for each and every accident.
B. The above policies for public liability and property
damage insurance must be so written as to include contingent liability and
contingent property damage insurance to protect the Township against claims
arising from the operation of the permittee's contractors, subcontractors
or agents.
C. The permittee shall provide to the Township indemnification
against any liability or suits arising from the permittee's operations and
the street opening or any work in connection hereof, and the permittee shall
protect and hold harmless the Township of Lacey, its officers, its employees
and its agents against any claims arising from the permittee's operations
and the street opening or any related work.
[Amended 7-11-1996 by Ord.
No. 96-36]
Any person, firm, corporation, partnership, utility, quasi-public body
or other entity violating or failing to comply with any of the provisions
of this Article shall, upon conviction thereof, be subject to punishment by
a fine of not more than $1,000, by imprisonment for a term not to exceed 90
days and/or by a period of community service not exceeding 90 days, in the
discretion of the Judge. The continuation of such violation shall constitute
a separate offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided for each separate offense.