[Adopted 11-9-1971 by Ord. No. 438 (Ch. 55 of the 1975 Code); amended in its entirety 9-20-2011 by Ord. No. 1370]
No person, firm or corporation shall cut, break into, excavate or tunnel under any street, sidewalk or other public way in the Borough of Haddon Heights, or any portion of the right-of-way thereof, whether the proposed work is new construction or replacement of existing conditions (curb, depressed curb, driveway aprons, utilities, etc.), without having first secured a permit from the Borough Clerk for each such opening in accordance with the provisions hereof.
Application for such a permit shall be made on a form provided by the Borough for such purpose, which application shall contain a description of the kind, purpose and exact size and location of such proposed opening. Said application shall also contain such other information as may be necessary to effectively carry out the intent and provisions of this article. Openings for new work (new development, new water-sewer connections, extensions to water and sewer mains, etc.) require drawings by a state-registered professional engineer to accompany the permit applications. The drawing shall be reviewed by the Borough Engineer. All applications shall also be accompanied by an insurance certificate showing that the applicant carries a minimum of $300,000/$500,000 public liability insurance.
[Amended 7-16-2013 by Ord. No. 1398]
The Borough hereby establishes a five-year ban on road openings following the reconstruction or resurfacing of any road. A listing of current streets with moratoriums is maintained by the Superintendent of Public Works. Applicants for road openings on streets listed as having a current moratorium must have governing body approval prior to applying for a road opening permit, provided, however, if it is determined by the Director of Public Works that the road opening is to address an emergent situation requiring immediate attention, the Director may grant permission to make emergency repairs. The Director of Public Works shall immediately advise the Mayor and governing body member that permission was so granted and shall further provide information as to the nature of the emergency addressed and the manner in which it was addressed.
The fee for each permit shall be as provided in Chapter 213, Fees, which fee shall be paid prior to the issuance of the permit.
A. 
Cash deposit or bond. In addition to the foregoing, the applicant shall also deposit with the Borough Clerk, prior to the issuance of the permit, a sum based upon the following schedule:
Type of Road or Surface
30 Square Feet or Less
Additional Per Square Foot in Excess of 30 Square Feet
Earth or gravel
$100
$2
Blacktop
$200
$4
Plain concrete
$500
$10
Reinforced concrete
$600
$12
Sidewalks
$400
$8
Driveway aprons
$600
$12
Streetscapes
$750
$15
B. 
Exemptions. A "public utility" as defined by N.J.S.A. 48:2-13 shall be exempt from the requirement of making such deposits, provided that it files with the Borough and maintains with the Borough its bond for $5,000, in such form as meets with the Borough Solicitor's approval, conditioned upon full compliance with all other provisions hereof. The State of New Jersey and any political subdivision thereof shall also be exempt from the making of such deposits.
The application for a permit shall contain an undertaking to restore the original surface in such a manner as to conform to the current requirements and specifications of the New Jersey Highway Department to the extent they would be applicable.
All such applications shall be referred by the Operations Manager to the Construction Official, who shall, if the proposed opening meets all the requirements hereof and if the public use, convenience and necessity will not be unduly interfered with, endorse his approval on such application, and the Operations Manager shall thereupon issue the permit. The review cycle shall be completed within 10 business days of receipt of a complete application and all required documentation.
A. 
All street openings shall be backfilled and temporarily resurfaced as soon as possible after completion of the work which necessitated the opening.
B. 
All excavations shall be backfilled and compacted by the permit holder or the holder's contractor, with suitable granular material or flowable fill to a depth of 12 inches below street surface grade. The next 10 inches shall be backfilled with DGA and a temporary two-inch minimum thick compacted asphalt base course applied. (If flowable fill is utilized to the subgrade of the required permanent patch, a temporary patch is not required, but rather final surface course restoration shall be completed.) Tack coat shall be applied to the flowable fill surface and exposed sawcut vertical surfaces of the original roadway material.
C. 
Within four months of the temporary resurfacing, but no sooner than four weeks, a permanent restoration shall be made. The permanent restoration shall consist of sawcutting (A jackhammered edge is not acceptable.) the original road surface two inches outside of the temporary patch, removing the temporary patch to a minimum depth of six inches, removing the sawcut fringe material, and backfilling as follows: Compact the newly exposed DGA surface within the newly formed excavation; place and compact a minimum four-inch thick hot asphalt base course material; place and compact a minimum two-inch thick layer of hot asphalt wearing course to match grades of the original roadway. Prior to placement of the wearing surface, all vertical edge and exposed surfaces of the original asphalt roadway shall receive an application of tack coat material. Asphalt joint sealer shall be applied at all joints between patch and existing roadway.
D. 
All sidewalk openings shall be backfilled and resurfaced as soon as possible after completion of the work which necessitated the opening.
E. 
Concrete sidewalks shall be replaced with 4,000 psi concrete, minimum four inches thick, on top of a minimum four-inch compacted layer of granular material. The replacement shall be to the next undisturbed sidewalk joint on either side of the excavation.
F. 
Concrete driveway aprons shall be replaced with 4,000 psi concrete, minimum six inches thick, on top of a minimum four-inch compacted layer of granular material.
G. 
Streetscapes shall be replaced to match the original materials and pattern design.
H. 
All traffic markings obliterated and/or damaged by the road opening work shall be restored to match the original pattern(s).
I. 
The permit holder is responsible for maintaining any temporary patch until proper permanent restoration of the road surface. Permanent restoration is weather dependent. Waivers designating the Borough as responsible for the final restoration of a road opening issued to a private entity are only allowed if the Borough has a road reconstruction project in the bidding stage or under contract for the road area in question.
The opening shall be commenced within 30 days after the issuance of the permit, and temporary backfilling and resurfacing shall be completed immediately following the work, and final permanent restoration shall be completed as outlined in § 400-27C above.
Within 30 days after notice to him of completion of the temporary backfilling and resurfacing, and in any event within 60 days after the opening of the street, the Construction Official shall inspect the site; and if the opening has not been backfilled and resurfaced or has been insufficiently or incorrectly done, he shall proceed to correct the work either by Borough forces or by contractor, with all costs thereof, including inspection, to be charged against the above-mentioned deposit, and the balance of such deposit shall be refunded.
Within 60 days after completion of the final permanent resurfacing, whether by the grantee of the permit or by the Borough, the Construction Official shall again inspect the site. If the condition of the backfilling and resurfacing is such as to meet with the requirements hereof, he shall authorize a refund by the Operations Manager of the remaining amount of the deposit, less an additional inspection fee as set forth in Chapter 213, Fees. If he determines that the backfilling and resurfacing do not meet such requirements, he shall notify the grantee of the permit to the effect, by ordinary mail to the address shown on the application; and if such surface is not corrected within 10 days after the sending of such notice, he shall so certify to the Operations Manager, and the balance of such deposit shall thereupon be forfeited to the Borough.
As to a public utility which has a bond filed with the Borough as provided for herein, the Construction Official shall make an inspection of the site within 30 days after notice to him of completion of the temporary backfilling and resurfacing, and in any event within 60 days after the opening of the street; and if such work is incorrectly or insufficiently done, he shall so notify the public utility, which shall promptly correct the condition. If final permanent backfilling and resurfacing are not completed to his satisfaction within 120 days after the issuance of the permit, he shall certify such condition to the governing body for such action as may be appropriate. If the backfilling and resurfacing are found by him to be satisfactory, he shall so notify the public utility.
Unless written permission is obtained from the Construction Official, no permit holder shall be allowed permission to break into, excavate or tunnel under any street, sidewalk or other public way for a greater distance than 300 feet at one time, or keep the same opened for a longer period than one week. For all the period during which such street or other public way is being cut, broken into, excavated or opened by the permit holder, there shall be provided by the permit holder a space of street level of at least eight feet in width for the purpose of allowing vehicles free and unimpeded use of the same.
All breaks, excavations or tunneling shall conform in size to the application on which the permit is based and shall be performed in neat, even and rectangular sections. All excavations shall be completed in compliance with all Occupational Safety and Health Administration (OSHA) standards.
All permit holders shall, whenever any cut, excavation or opening would be dangerous if left exposed, erect a suitable barricade or railing around the same in such manner as to prevent danger to pedestrians or vehicles, and place upon such fence or railing and upon any building materials and appliances suitable and sufficient warning lights during the periods of darkness. Such work shall be executed in compliance with OSHA and the Manual on Uniform Traffic Control Devices (MUTCD).
All permit holders shall keep the area of their work clear of dirt and debris at all times and shall carry away and dispose of all excess dirt, debris and other material resulting from their work daily.
In case of an emergency involving any underground gas, water, sewer, telephone or electric facility, where immediate repair is imperative to protect the health, safety and welfare of the general public from immediate hazards posed by delay in completing the repair; prevent loss or damage to streets or property or discontinuance of service, it shall not be necessary to obtain a permit before commencing such repair, but such permit shall be obtained within two days thereafter; and this section shall not be held or taken in any case to exempt the person, partnership, association or corporation repairing said facility from any other of the provisions of this chapter. Notification of the emergency repair work shall be made to the Borough Police Department. Notification of the emergency repair work shall be made to the Superintendent of Public Works, who may require a site visit prior to the start of emergency construction.
In the event that the street or other public way to be cut, broken into, excavated or tunneled under is under the jurisdiction of the State Department of Transportation, the applicant (other than a public utility or the state or any political subdivision) shall, in addition to making the appropriate cash deposit as hereinbefore required, furnish a surety bond in favor of the Borough, in such form and amount as may be approved by the Borough Solicitor, indemnifying the Borough against all cost, claims and liability incurred by the Borough (except by reason of active wrongdoing of the Borough, its agents, servants or employees) as a result of the proposed opening up of said street or other public way, including but not limited to all liability and undertakings of the Borough under a certain written agreement between the Borough and the State of New Jersey dated May 20, 1927.