Township of Lacey, NJ Excavations In Streets

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.

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.

Performance guaranty conforming to the requirements set forth in § 293-4 herein.

Application form.

Application fee in the amount prescribed in § 293-3 herein.

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]

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]

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.

§ 293-3 Schedule of permit fees.

[Amended 1-25-1990 by Ord. No. 2-90]

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

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.

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.

§ 293-4 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 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]

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

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

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.

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 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]

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]

Approval of the Lacey Township Public Works Director/Superintendent 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 § 293-4C 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, 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.

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.

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]

§ 293-5 Pavement restoration requirements.

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."

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. 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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 293-6 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 Director/Superintendent of Public Works.

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 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.

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 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.

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.

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.

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]

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.

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.

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.

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.

All backfilling operations shall be formed in strict compliance with all requirements of the Standard Specifications or as otherwise directed by the Director/Superintendent.

Under no circumstances shall puddling, flooding or other nonmechanical means of compaction be permitted.

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.

All existing pavement edges shall be completely tacked prior to placement of bituminous concrete with heated asphalt cement Grace AC-10 or AC-20.

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.

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.

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.

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.

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.

§ 293-7 Traffic safety; control; barricade.

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.

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.

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.

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.

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.