[Adopted 6-6-2002 by Ord. No. 02-11[1]]
This article shall be known and may be cited
as the "Street Excavation Regulations of the Borough of Carteret."
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
singular, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any person making written application to the Borough Clerk
for an excavation permit hereunder. In the event that the applicant
is a corporation or partnership, the applicant shall be the individual
authorized to make said application on behalf of the corporation or
business entity.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear or immediate danger or hazard to person
or property.
The excavation, removal, replacement, repair, construction, water and sewer connections, gas main connection, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails, or any other public improvements existing within the public right-of-way, and retention/detention basins. For the purposes of this section, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." Except as the same may come under the exclusive regulation of Chapter 222, Streets and Sidewalks, Article II, Sidewalk Construction, the term "excavation work" shall also include construction, addition, installation or other disturbance of the whole or portions of the improvements within a public street, drainage right-of-way, or other public grounds by persons other than those exempted from the provisions of this article, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
Any person who has been issued a permit pursuant to the terms
and conditions of this article and who is obligated to fulfill all
the terms of this article.
Any person, firm, partnership, association, corporation,
company or other public or private organization of any kind.
Any person who has applied for and received prequalification
by submitting the necessary forms to the Borough through a formal
review process established by the Borough Engineer.
[Added 12-7-2017 by Ord.
No. 17-21]
Includes any public street, highway, sidewalk, alley, public
easement, public right-of-way or public grounds accepted or maintained
by the Borough and any state or county road over which the Borough
may have acquired jurisdiction by agreement.
A.
It shall be unlawful for any person to perform any
excavation work, as defined herein, or to dig up, break, excavate,
tunnel, undermine or in any manner break up any street or to make
or to cause to be made any excavation in or under the surface of any
street for any purpose or to place, deposit, or leave upon any street
any earth or other excavated material obstructing or tending to interfere
with the free use of the street or dig up, break, excavate or undermine
or any way affect any other public improvement within a public right-of-way,
unless such person shall first have obtained a permit therefor from
the Borough Clerk of the Borough of Carteret as herein provided.
A.
No excavation permit shall be issued unless a written
application for the issuance of an excavation permit is submitted
to the Borough Clerk, or his/her designee, on the form provided by
the Borough of Carteret and signed by the applicant performing the
work. The form must be completed in such a fashion as to contain a
clear and definite description of the name, address, telephone number
of the applicant, the nature, scope, location and purpose of the excavation,
together with the approximate size of the opening to be made in a
sketch which clearly shows the location and dimensions of the proposed
opening, the proposed dates of commencement and completion of the
excavation, which date shall be the expiration date of any permit
issued pursuant to the application, and such other data as may be
reasonably required by the Borough of Carteret, including complete
plans, profiles and details of any proposed curb, sidewalk, pavement
or other proposed improvement or structure being installed. Upon receipt
of the application, the Borough Clerk shall refer the same to the
Department of Streets and Roads, Construction Code Official, Police
Department, Fire Department, and the Office of Emergency Management
for comments within five business days of receipt of a complete application.
All comments shall be made and the application returned to the Borough
Clerk with a recommendation of approval or disapproval (and the reasons
therefor) within seven days of receipt of the application by the aforementioned
departments. The Borough Clerk shall issue all permits within three
days of receipt of an approved application from said departments or
the expiration of the seven-day comment period, whichever occurs first.
B.
Work on any opening to be made under the permit provided
for herein shall commence within 30 days from the date of the permit
and prosecuted with diligence until its completion. If for any reason
the work is not started within this period, the permit shall be void
and any unused portion of its cash repair deposit or performance bond
shall be refunded to the applicant.
C.
With the exception of utilities regulated by the Board of Public
Utilities, any persons performing excavation work within a public
right-of-way shall be preapproved contractors. A list of preapproved
contractors shall be kept on file with the Borough Clerk, Department
of Streets and Roads and the Borough Engineer. The applicant shall
list the preapproved contractor on the permit application.
[Added 12-7-2017 by Ord.
No. 17-21]
A.
A nonrefundable application fee of $100 shall be paid
to the Borough to cover the cost of processing the application and
providing inspection as outlined herein.
B.
Permit fees may be waived in the case of installation
of new public improvement by a subdivider or site developer in accordance
with approved plans without cost to the Borough.
A.
No permit shall be issued by the Borough Clerk to
any person given notice under this article which would allow an excavation
or opening in any newly paved, resurfaced or reconstructed road, street,
or right-of-way which is less than five years old unless the applicant
can clearly demonstrate that public health or safety requires that
the proposed work be permitted or unless an emergency condition exists.
B.
Street openings will not be permitted between November
15 and March 31 of any year unless it has been determined by the Borough
Engineer, or his designee, to be of an emergent nature, or except
pursuant to § 222-13.18. In no event are roads to be opened
on Saturday and Sunday, except for emergency repairs as determined
by the Borough Engineer, or his designee, or except pursuant to § 222-13.18.
C.
The Mayor and Borough Council may grant exemptions to the requirements of Subsections A and B above, forbidding the opening of roads for a period of five years after a road has been resurfaced and/or reconstructed or forbidding the opening of roads from November 15 to March 31 of any year, upon written request of the applicant. Said written request should indicate on its face that there is good cause to grant said exemption and/or that the applicant will suffer undo hardship if said exemption is not granted. Said request will be considered at the next regularly scheduled session of the Mayor and Borough Council. If the Mayor and Borough Council determines that the applicant has established good cause, and/or undo hardship, said exemption may be approved by resolution of the Mayor and Borough Council.
D.
If, by special action of the Mayor and Borough Council,
a permit is issued to open any newly paved, resurfaced or reconstructed
street surface less than five years old, a surcharge shall be made
for the opening except that the surcharge may be waived by Mayor and
Council in the event that the work is of an emergent nature. The surcharge
shall be on a sliding scale and shall be equal to 2% of the cost of
restoring the opening for each unelapsed month or fraction thereof
of the five-year restricted period, but in no event shall the surcharge
be less than $500.
The Borough Clerk shall provide each permittee
a permit issued hereunder, which shall be plainly written or printed
in English letters with the following notice: "Borough of Carteret;
Permit No. ____, Expiration Date _________." In the first blank space
there shall be inserted the number of said permit and after the words
"expiration date" shall be stated the date on which the permit expires.
It shall be the duty of the permittee hereunder to keep the permit
posted in a conspicuous place at the site of the excavation work.
It shall be unlawful for any person to exhibit such permit at or about
any excavation not covered by such permit or to misrepresent the number
of the permit or the date of expiration of the permit.
A.
The application for an excavation permit to perform excavation work under this article shall be accompanied by a cash repair deposit unless a performance guarantee is accepted in lieu thereof pursuant to § 222-9. Such cash repaid deposit shall take the form of cash or certified check, payable to the Borough of Carteret, and shall be received by the Borough Clerk prior to issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work performed in accordance with the excavation permit. Upon the permitte's completion of the work covered by such permit, in conformity with this article as determined by the Borough, 1/2 of the remaining cash repair deposit shall be promptly refunded by the Borough to the permittee and the balance shall be refunded by the Borough to the permittee upon the expiration of two years from the date of final approval of the work upon the Borough's determination that the permittee has performed the work in conformity with this article.
B.
The amount of cash repair deposit to be collected
by the Borough Clerk shall be:
C.
In the case of excavation or removal or alteration
of the public improvements such as drainage, sidewalks, driveways,
driveway aprons, etc., the Borough Engineer shall determine in each
case the amount of the cash repair deposit in a sum total sufficient
to allow the Borough to perform all required repairs and restorations.
Said amount shall be estimated to include gross Borough costs, including
fees, temporary maintenance costs, permanent restoration costs, engineering
costs, etc.
D.
Cash repair deposits may be waived in the case of installation or repair of sidewalks by the owner or by the person acting for the owner of real property should the same be exclusively regulated pursuant to Article II, Sidewalk Construction, of Chapter 222, entitled "Streets and Sidewalks," and may also be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with the approved plans and without cost to the Borough; provided, however, that such waiver will not be granted if, in the opinion of the Borough, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction.
A.
If an individual cash repair deposit required by § 222-8 exceeds $1,000 or if the aggregate of the cash repair deposits which an applicant expects to be required to provide within a period of one year exceeds $5,000 or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey, then the Borough Council may allow the provisions of all or, at the Borough Council's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirement of this section, the applicant shall deposit with the Borough Clerk a surety bond in an amount to be determined by the Borough Clerk in accordance with Subsection B of this section, made payable to the Borough of Carteret. The required bond must be:
(1)
With good sufficient surety;
(2)
By a surety company authorized to transact business
in the State of New Jersey;
(3)
Satisfactory to the Borough Attorney in form and substance;
and
(4)
Conditioned upon the permittee's compliance with this
article and to secure and hold the Borough and its officers harmless
against any and all claims, judgments, or other costs arising from
the excavation and other work covered by the excavation permit or
for which the Borough, the Borough Council, or any Borough officer
may be made liable by reason of any accident or injury to person or
property through the fault of the permittee either in not properly
guarding the excavation or for any other injury resulting from the
negligence of the permittee, and shall be further conditioned to fill
up, restore and place in good and safe condition as near as may be
to its original condition and to the satisfaction of the Borough,
all openings and excavations made in streets.
B.
The amount of the performance bond to be submitted to the Borough Clerk shall be a minimum of double the amount of the cash repair deposit required pursuant to § 222-8. In the event that the Borough Engineer determines that the cost of proper restoration of the excavation work will exceed the amount of the calculation, the additional bond for the particular job in question may be required by the Borough Clerk in a sum 4etermined by the Borough Engineer.
C.
In lieu of a performance bond per job, any utility regulated by the
Board of Public Utilities, or any contractor expecting to request
multiple permits per year, may post a blanket performance guarantee
in the minimum sum of $25,000 with the Borough on an annual basis.
Preapproved contractors shall post a blanket performance guarantee
in the minimum sum of $25,000 with the Borough on an annual basis
to maintain their prequalification status. In the event the Borough
Engineer or Head of the Department of Streets and Roads determines
that the cost of proper restoration of the area disturbed and pavement
surface will exceed the amount of the blanket bond, an additional
bond for that particular job, in an amount to be determined by the
Borough Engineer, shall be posted by the permittee prior to the issuance
of any permit(s); the balance of the same shall remain unchanged.
[Amended 12-7-2017 by Ord. No. 17-21]
A.
The permittee shall take appropriate measures to ensure
that, during the performance of the excavation work, traffic conditions
shall be maintained as nearly normal as practicable at all times so
as to cause as little inconvenience as possible to the occupants of
the abutting property and to the general public, provided that the
Department of Streets and Roads, with the approval of the Police Department,
may permit the closing or partial closing of streets to all traffic
for a period of time prescribed as necessary. The permittee shall
route and control traffic, including its own vehicles, as directed
by the Borough Police Department, the following steps shall be taken
before any street may be closed or restricted to traffic:
(1)
The permittee must receive the approval of the Police
Department therefor.
(2)
The permittee must notify, in writing, the Carteret
Fire Department, First Aid Squad, the Emergency Management Coordinator
and the Board of Education.
(3)
Upon completion of the construction work the permittee
shall notify, in writing, the Police Department, the Fire Department,
the First Aid Squad, the Emergency Management Coordinator and the
Board of Education before traffic is moved back to its normal flow
so that any necessary adjustments may be made.
(4)
The permittee shall provide police officer(s) and
related equipment (i.e., signs, cones, etc.) for traffic control and
direction of traffic at the street excavation site during the course
of the excavation. The permittee shall pay all costs associated with
the use of any Carteret police personnel, as required, during the
course of the excavation and any work performed in connection therewith
and during cleanup operations. The Borough Council may relax or modify
the requirements of this section in its discretion, upon application
by the permittee.
[Amended 9-4-2003 by Ord. No. 03-36]
B.
Through traffic shall be maintained without the aid
of detours, if possible. In instances where this would not be feasible,
the Police Department will designate detours. The Borough shall maintain
roadway surfaces of existing roadways designated as detours without
expenses to the permittee but in case there are not existing roadways,
the permittee shall construct all detours at its expense and in conformity
with the specifications of the Borough Engineer. The permittee shall
be responsible for any damage caused to any roadways by the operation
of its equipment.
The excavation work shall be performed and constructed
so as not to interfere with access to fire stations, first-aid stations
and fire hydrants. Materials or obstructions shall not be placed within
15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting
equipment shall be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable
barriers to confine to a minimum the encroachment of earth from trenches
or other excavations upon highways. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
roadways under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. Vehicular crossings shall be
constructed and maintained of plank, timbers, sheet steel and blocking
of adequate size to accommodate vehicular traffic safety. Decking,
if timber, shall be not less than four inches thick and shall be securely
fashioned together with heavy wire and staples. Pedestrian crossings
shall consist of planking of three inches thick, 12 inches wide and
of adequate length, together with necessary blocking. The walk shall
not be less than three feet in width and shall be provided with a
railing on both sides.
The permittee shall not interfere with any existing
utility without the written consent of the Borough Engineer and/or
the utility company or the person owning the utility. If it becomes
necessary to remove an existing utility, this shall be done by its
owner. It shall be the responsibility of the applicant to arrange
for this work and the payment of costs thereof as reasonably necessary.
No utility owned by the Borough shall be moved to accommodate the
permittee unless the cost of such work be borne by the permittee.
The cost of moving privately owned utilities shall be similarly borne
by the permittee unless it makes other arrangements with the owner
of the utility. The permittee shall support and protect, by timbers
or otherwise, all pipes, conduits, poles, wire or other apparatus
which may be in any way affected by the excavation work and do everything
necessary to support, sustain and protect them, under, over, along
or across said work, in accordance with applicable statutory provisions.
In case any said pipes, conduits, poles, wires or apparatus should
be damaged, they shall be repaired by the agency or owner unless said
agency or owner authorizes the permittee to undertake repairs and
the expense of such repairs shall be borne by the permittee, and his/her/its
bond shall be liable therefor. The permittee shall be responsible
for any damage done to any public or private property by the reason
of the breaking of any water pipes, sewer, gas pipes, electric conduit,
or other utility, and its bond shall be liable therefor. The permittee
shall inform itself, as required by law, as to the existence and location
of all underground utilities and protect the same against damage.
The permittee shall, at all times and at his
or its own expense, preserve and protect from injury any adjoining
property providing proper foundations and taking other measures suitable
for the purpose. Where in the protection of such property it is necessary
to enter private property for the purpose of taking appropriate protective
measures, the permittee shall obtain permission from the owner of
such private property for such purpose. The permittee shall, at its
own expense, shore up and protect all buildings, walls, fences or
other property likely to be damaged in the process of the excavation
work and shall be responsible for all damage to public or private
property or roadways or highways resulting from its failure to properly
protect and carry out said work. Whenever it may be necessary for
the permittee to trench through any lawn area, the sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this article. All construction and maintenance work shall
be done in a manner calculated to leave the lawn area clean of earth
and debris and in a condition as nearly as possible to that which
existed before such work began. The permittee shall not remove, even
temporarily, any trees or shrubs which exist in parking strip areas
or easements across private property without having first notified
and obtained the consent of the property owner, or in the case of
public property, the appropriate Borough department or Borough official
having control of such property.
Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
over said excavation on the line of the sidewalk, which bridge shall
be at least three feet wide and securely railed on each side so that
foot passengers can pass over safely at all times. This requirement
may be waived by the Head of Department of Streets and Roads, or the
Borough Engineer or his designee, if found unnecessary or unreasonable
because of the nature of the excavation or conditions effecting the
same.
A.
The permittee shall erect and maintain, approaching
and throughout the site of the excavation work, such signs, lights,
barricades and other protective devices as are required. In the absence
of specific written direction by the Police Department, all signs
shall be provided as required by the Manual on Uniform Traffic Control
Devices, section concerning construction signage, as published by
the United States Department of Commerce.
B.
Should the Borough Police Department at any time determine
that the permittee has failed to provide all required signs and protective
devices in accordance with the direction of the Police Department
and/or the requirements of the previously mentioned Manual on Uniform
Traffic Control Devices, the Borough may provide and erect or cause
the provision and erection of such required signs, barricades, and
traffic control devices and the cost thereof may be deducted from
the cash repair deposit provided by the applicant or may be billed
directly to the applicant by the Borough. If such billing is made
and not paid by the applicant within 15 business days after such billing,
the amount may be deemed due and recoverable from the applicant's
cash deposit or surety.
C.
The Borough shall normally provide the applicant with
24 hours' notice of its intention to provide any such required signs,
barricades and traffic control devices and its intention to bill the
applicant the cost thereof, to deduct the cost thereof from the applicant's
cash repair deposit or to recover the cost thereof from the applicant's
surety, except that in case of immediate emergency or hazard to the
public health or safety, the Borough may cause the provision and erection
of such devices without notice.
D.
The permittee shall erect such fence, railing or barriers
about the site of the excavation work as shall prevent danger to persons
using the street or sidewalks, and such protective barriers shall
be maintained until the work shall be completed or the danger removed.
At twilight there shall be placed and maintained upon such place of
excavation and upon any excavated materials or structures or other
obstructions to streets, suitable and sufficient lights which shall
be kept lit throughout the night during the existence of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective bathers or any lights provided there for
the protection of the public at twilight. Excavations of any traveled
portion of the roadway shall be backfilled so as to allow vehicular
traffic to proceed on the roadway unless otherwise directed by the
Department of Streets and Roads.
It shall be unlawful for the permittee to suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device having the characteristics
of an attractive nuisance likely to attract children and hazardous
to their safety or health.
All material excavated from trenches and piled
adjacent to the trench or in any street shall be piled and maintained
in such a manner as not to endanger those working in the trench, pedestrians
or users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Borough shall have the authority to require
that the permittee haul the excavated material to a storage suite
and then rehaul it to the trench site at the time of backfilling.
It shall be the permittee's responsibility to secure the necessary
permission and to make all necessary arrangements for all required
storage and disposal sites.
A.
All damage done to existing improvements during the
progress of the excavation work shall be repaired by the permittee.
Materials for such repairs shall conform with the requirements of
any applicable code or ordinance. If, upon being ordered, the permittee
fails to furnish the necessary labor and materials for such repairs,
the Department of Streets and Roads shall require said labor and materials
to be furnished and the costs shall be charged against the permittee,
and the permittee shall also be liable on his/her/its bond therefor.
B.
The Borough shall normally provide the applicant with
24 hours' notice of its intention to provide any such required work,
and its intention to bill the applicant for the costs thereof, to
deduct the cost thereof from the applicant's cash repair deposit or
to recover the cost thereof from the applicant's surety, except that
in the case of immediate emergency or hazard to the public health
or safety, the Borough may cause the repairs to be made without notice.
Property lines and limits or easements shall
be indicated on the plan of the excavation submitted with the application
for the excavation permit, and it shall be the permittee's responsibility
to confine excavation work within these limits.
As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock, and other debris resulting from such work, All
cleanup operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Department of Streets and Roads. From time to time as may be
ordered by the Department of Streets and Roads, and in any event,
immediately after completion of said work, the permittee shall at
his or its own expense, clean up and remove all refuse and unused
materials of any kind resulting from said work; and upon failure to
do so within 24 hours after being notified to do so by the Borough,
said work may be done by the Borough and the cost thereof to be charged
to the permittee, and the permittee shall also be liable for the cost
thereof under the surety bond provided hereunder.
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace in as good condition as it found them or shall
make such provisions as for them as the Head of the Department of
Streets and Roads, his designee, or the Borough Engineer may direct.
The permittee shall provide for the environmental protection for streams
and watercourses. The permittee shall not obstruct any drainage facility
on any street but shall use all proper measures to provide for the
free passage of surface water. The permittee shall make provisions
to take care of all surplus water, muck, silt, slicking or other runoff
pumped from excavations or resulting from sluicing or other operations
and shall be responsible for any damage resulting from its failure
to so provide.
Whenever it is necessary to break through existing
pavement for excavation purposes and where trenches are to be four
feet or more in depth, the base pavement shall be removed to at least
six inches beyond the outer limits of the subgrade that is to be disturbed
in order to prevent settlement and a six-inch shoulder of undisturbed
material shall be provided in each side of the excavated trench. The
face of the remaining pavement shall be approximately vertical. A
power-driven concrete saw shall be used so as to permit the removal
of concrete pavement or base without ragged edges. Asphalt pavement
shall be scored or otherwise cut in a straight line prior to removal.
No pile driver or mechanical hammer may be used in breaking up pavement.
Tunnels under pavement shall not be permitted
except by permission by the Borough Engineer. If permitted, tunnels
shall be adequately supported by timbering and backfilling under the
direction of the Borough Engineer.
A.
Except as may otherwise be authorized by the Head
of the Department of Streets and Roads, or the Borough Engineer or
his designee, prior to excavation all trench openings shall be neatly
saw cut. Unless specifically allowed, in writing, by the Head of the
Department of Streets and Roads, or the Borough Engineer or his designee,
under unusual circumstances, no excavation work shall remain open
over night. In the event any excavation work area is permitted to
remain open over night, the permittee shall be responsible for taking
appropriate steps to properly block off the excavation work area and
give adequate warning to anyone approaching the same on foot or any
vehicle of any type, including but not limited to the use of lighting,
reflective materia]s and barriers.
B.
Unless otherwise provided for by the Head of the Department
of Streets and Roads, or the Borough Engineer or his designee, the
contractor shall backfill all trenches at the end of each workday
with suitable materials from the trench excavation or with granular
borrow material. Rocks larger than six inches may not be included
in backfill. If the Head of the Department of Streets and Roads, or
the Borough Engineer or his designee, determines the existing material
is unsuitable, select off-site granular material shall be provided.
Backfill materials shall be deposited in layers and mechanically compacted
to a minimum 90% modified proctor density. The density shall be based
upon the latest Standard Test Methods for Moisture Density Relations
of Soils and Soil Aggregate Mixtures using ten-pound rammer and 18
inches drop, ASTM Designation D-1557. In lieu of mechanical compaction
in lifts, compaction by water-jetting or puddling may be used with
written permission from the Head of the Department of Streets and
Roads, or the Borough Engineer or his designee. If the use of either
of these methods is proposed, the contractor shall submit full details
of the methods he intends to employ for approval. Consolidation will
not be acceptable as a method to achieve soil density specified.
C.
The backfilling, replacement of subbase and installation
of base course shall be completed within 24 hours after commencement
of work. Exceptions to the above time limits may be permitted by the
Head of the Department of Streets and Roads, or the Borough Engineer
or his designee, if it is impractical to complete the work within
this time or safety dictates a shorter completion period.
A.
Restoration procedures.
(1)
Once the excavation work area has been properly
saw cut, and the backfill tamped and compacted, the permittee shall
install no less than seven inches of bituminous stabilized base course
(mix I-2) to the trench surface. If the distance from the edge of
the excavation area to the existing curb is less than two feet, the
permittee shall be required to excavate to the curb and evenly install
seven inches of bituminous stabilized base course (mix I-2) in the
entire area.
(2)
The partially restored pavement shall be allowed
to settle for no less than 90 and no more than 180 days. At the end
of the period of time of settlement required by the Head of the Department
of Streets and Roads, or the Borough Engineer or his designee, an
inspection shall be performed by the Head of the Department of Streets
and Roads, or the Borough Engineer or his designee.
(3)
At this time, the permittee shall be required
to mill and restore the excavation work-area surface extending from
the curb to the center line of the road or a minimum of one foot beyond
the outer edges of the excavation, whichever is greater, and install
no less than two inches of FABC surface course (mix I-5). The permittee
shall also be required to provide a tack coat on all existing bituminous
and concrete surfaces and hot-poured rubber asphalt joint sealer (per
Section 908 of DOT Standard Specifications for Roads and Bridges).
If the excavation work area will be within two feet or less of a previous
excavation made within one year by the same permittee along the same
side of the road, the permittee shall be required to mill and restore
between to the outermost excavation from the center line of the roadway
to the curb.
(4)
If the distance from the edge of the excavation
work area to the existing curb is greater than two feet and less than
four inches, the permittee shall be required to mill this area, as
well as the surface of the excavation work area. In the event that
the excavation work area opening is smaller than 10 square yards,
the Department of Streets and Roads or the Borough Engineer may determine
that milling and/or saw-cutting procedures are impracticable and may
allow other trench repair methods to be used.
(5)
The permittee will be required to replace any
structures including, but not limited to, curb, pavement and sidewalk,
that had been undermined by the adjacent trench excavation and restoration
work, at his/her/its expense. Such work shall be performed according
to Borough standards.
(6)
Rules and regulations. Applicants shall comply
with all BOCA Codes, ordinances of the Borough of Carteret, resolutions
or conditions of the Mayor and Council, or any duly constituted Board
and any regulations which the Head of the Department of Streets and
Roads or the Borough Engineer may establish.
B.
Maintenance; inspections.
(1)
Maintenance procedures. When final pavement restoration is approved, as required in Subsection A above, the Head of the Department of Streets and Roads shall notify the Borough Clerk in writing that the portion of the cash repair deposit or performance guarantee pertaining to the street opening permit posted by the permittee at the outset of the project may be released subject to the retainage requested herein below. Such relief shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to repair any adjacent structures including but not limited to, curb, pavement and sidewalks that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough shall retain as a cash retainage, 50% of the cash repair deposit and/or performance guarantee during the two-year maintenance period.
(2)
If an inspection reveals that the restored excavation
work area becomes unacceptable, the Head of the Department of Streets
and Roads, or the Borough Engineer or his designee, shall notify the
permittee that he must repair the area in accordance with the aforementioned
procedure within 30 days from the date of notification or sooner if
safety of public conveyances is involved. If the permittee fails to
repair the trench within this time period, the Head of the Department
of Streets and Roads, or the Borough Engineer or his designee, shall
notify the Borough Clerk and he/she shall allow the Borough to utilize
the permittee's cash retainage and maintenance bond to pay for the
cost of repairing the excavation work area. If the restoration costs
exceed the maintenance bond, the permittee shall be liable for said
additional costs.
(3)
Upon the termination of the two-year maintenance
period, any remaining portion of said maintenance bond that has not
been expended shall be returned to the permittee without interest.
C.
The permittee may be required to place a temporary
surface over openings made in paved traffic lanes. Except when the
permanent replacement pavement is to be replaced before the opening
of the cut or excavation area to traffic, the fill above the bottom
of the existing pavement shall be tamped into place, properly graded
and topped with a minimum of two inches of bituminous patch material
which is suitable to maintain the opening in good condition until
permanent restoration can be made. The crown of the temporary restoration
shall not exceed one inch above the adjoining pavement. The permittee
shall exercise special care in making such temporary restoration and
must maintain such restorations in safe traveling condition until
such time as permanent restorations are made. If, in the judgment
of the Borough Engineer, it is not expedient to replace the pavement
over any cut or excavation made in the street upon completion of the
work allowed under such permit by reason of the looseness of the earth,
or weather conditions or any other reasons, he may direct the permittee
to lay a temporary pavement of steel plate or other suitable material
designated by him over such cut or excavation, to remain until such
time as the repair of the original pavement may be properly made.
D.
Acceptance or approval of any excavation by the Head
of the Department of Streets and Roads, or the Borough Engineer or
his designee, shall not prevent the Borough from asserting a claim
against the permittee and his/her/its surety under the surety bond
requirement for incomplete or defective work if discovered within
24 months from the completion of the excavation work. The presence
of a representative of the Department of Streets and Roads or the
Borough Engineer during the performance of any excavation work shall
not relieve the permittee of its responsibilities hereunder.
A.
If the permittee shall have failed to restore the
surface of the street to its original and proper condition upon expiration
fixed by such permit or shall otherwise have failed to complete the
excavation work covered by such permit or shall fail to adhere to
other requirements of this article, the Borough shall have the right
to do all work necessary to restore the street, to eliminate violations
and to complete the excavation work. The permittee shall be liable
for the actual cost thereof and 25% of such cost, in addition, for
general overhead and administrative expenses. The Borough shall have
a cause of action for all fees, expenses and amounts paid out and
due for such work and shall apply, in payment of the amount due it,
any funds of the permittee deposited as herein provided; and the Borough
shall also enforce its rights under any surety bond provided pursuant
to this article. The Borough will normally give the permittee 24 hours
notice of its intent to act, under the terms of this section, to eliminate
violations of this article or to restore the surface, except that
in the case of an immediate danger to the public health or safety,
certified to by the appropriate Borough Officials, no such notice
will be provided.
B.
It shall be the duty of the permittee to guarantee
and maintain the site of the excavation work in the same condition
it was prior to the excavation for two years after restoring it to
its original condition.
Except by special permission by the Borough
Engineer, no trench shall be excavated more than 150 feet in advance
of pipe laying or be left unfilled more than 150 feet where pipe has
been laid. The length of the trench that may be opened at any one
time shall not be greater than the length of pipe and the necessary
accessories, which are available at the site, ready to be put in place
during that single work day. Trenches shall be braced and sheathed
according to generally accepted safety standards for construction
work and/or as prescribed by the Borough Engineer. Except with written
permission of the Borough Engineer, no timber bracing, lagging, sheathing
or other lumbar shall be left in any trench.
The permittee shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition or as near as may be as soon as practicable and
in any event, not later than the date specified in the excavation
permit therefor.
If traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Head of the Department of
Streets and Roads, or the Borough Engineer or his designee, shall
have full power to order, at the time the permit is granted, or any
time thereafter, that a crew of men and adequate facilities be employed
by the permittee 24 hours a day, to the end that such excavation work
may be completed as soon as possible.
In the event of any emergency in which a sewer
main, conduit, or utility in or under any street breaks or bursts
or otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the owner or operator of
any such sewer main, conduit, or utility, without first applying for
and obtaining an excavation permit hereunder, shall immediately take
proper emergency measures to cure or remedy the dangerous conditions
for the protection for the property, life, health and safety of individuals.
However, such owner or operator shall notify the Police Department
immediately upon initiating any emergency repairs and apply for an
excavation permit not later than the end of the next succeeding day
during which the Borough Clerk's Office is open for business and shall
not proceed with permanent repairs without first obtaining an excavation
permit hereunder.
Each permittee shall conduct and carry out the
excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris, during the hours of 9:00 p.m. and 7:00
a.m. and shall not use, except with the express written permission
of the Head of the Department of Streets and Roads, or the Borough
Engineer or his designee, or in the case of an emergency as herein
otherwise provided, any tool, appliance or equipment producing noise
of sufficient volume to disturb the sleep or repose of occupants of
the neighboring property. Dust shall be controlled by means of maintaining
the work area in a clean condition, cleaning and/or sweeping pavement
areas and applying calcium chloride.
The permittee shall not disturb any survey monuments,
hubs or pipe found on the line of excavation work until and unless
ordered to do so by the Borough Engineer.
A.
Forty-eight hours prior to the commencement of the
work, the permittee shall notify the Department of Streets and Roads
and request that an inspector be present to supervise the excavation
and restoration. As required by law, the permittee shall also notify
all utility companies within such time as they prescribe according
to their rules and regulations prior to the commencement of any work
in order to obtain appropriate utility underground location information.
No pavement service restoration shall be performed until the backfill
operation is complete and approved by the Head of the Department of
Streets and Roads, or the Borough Engineer or his designee.
B.
The Head of the Department of Streets and Roads, and/or
the Borough Engineer or his designee, shall make any and all inspections
as are reasonably necessary in the enforcement of this article.
Users of subsurface street space shall maintain
accurate drawings, plans, and profiles showing the location and character
of all underground utilities including abandoned installations. Two
copies of as-built drawings shall be filed with the Borough Engineer
and one copy with the Head of the Department of Streets and Roads
within 60 days after new installations, changes, or replacements are
made.
The provisions of this article shall not be
applicable to any excavation work by employees of the Borough or by
any contractor of the Borough or agency or department of the Borough
performing work for and on behalf of the Borough necessitating opening
of excavations and streets. Nor shall the provisions of this article
relating to fees, cash deposits and/or surety bonds, except as provided
for therein, apply to any excavation work performed adjacent to or
within public rights-of-way by subdividers or site developers in accordance
with approved subdivision or site plans, provided said subdividers
or site developers have complied with the applicable ordinance requirements
governing subdivisions or site plans. Nothing in this section shall
eliminate the requirement for the preparation of as-built drawings
for the installation of any underground structures, whether installed
by the Borough, a subdivider or site developer.
A.
A permittee, prior to the issuance of the permit to
do the work hereunder, shall furnish to the Borough Clerk satisfactory
certificates of insurance indicating that the permittee has in force
and will maintain in force, during the performance of the excavation
work and during the period of the excavation permit, public liability
insurance of not less than $300,000 for any one person and $1,000,000
for any one accident and property damage insurance of not less than
$500,000, duly issued by an insurance company authorized to do business
in this state. The Borough shall be named as an additional insured
on the permittee's insurance policy. In cases where the character
or nature of the proposed excavation work is such as to present an
unusual hazard or a higher than normal risk of damage or injury, the
Borough Council may require the provisions of increased amounts of
liability and property damage insurance. Any permits which occasion
such increased hazard or liability shall be referred, by the Head
of the Department of Streets and Roads, or the Borough Engineer or
his designee, for the consideration of the Borough Council prior to
the issuance of a permit. In lieu of the filing of the certificate
of insurance for bodily injury and property damage in the amounts
set forth herein, a public utility may, at the discretion of the Borough,
file with the Borough Clerk, at the same time its performance bond
is filed, a letter certifying that it is a self-insurer and exempt
from the necessity of obtaining an insurance policy pursuant to the
laws of the State of New Jersey.
B.
By making an application for a permit, the permittee
agrees to indemnify and save harmless the Borough of Carteret, its
officers, agents and servants from and against any loss, injury or
damage (including the cost of providing a defense) resulting from
any negligence or the fault of the permittee in the case of work covered
by the permit. The permittee shall also indemnify and save harmless
the Borough of Carteret, (again, including the costs of providing
a defense) against any damage done to other utilities as a result
of a road opening.
This section shall not be construed as imposing
upon the Borough or any official or employee any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder; or shall
the Borough or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
The Borough Clerk, Head of the Department of
Streets and Roads, and Borough Engineer or his designee are authorized
to refuse the issuance of any permit, if such refusal is in the interest
of public safety, public convenience or public health. If a permit
is refused by any of the aforementioned officials, an appeal may be
taken to the Borough Council. The Borough Council, after hearing the
applicant and said official(s), and other evidence as may be produced,
may either direct the issuance of such permit or sustain the refusal
to issue the same.
The Borough Engineer may make any rules and
regulations that he considers necessary for the administration and
enforcement of this article, but no regulation shall be substantially
inconsistent with, substantially alter or amend any provision of this
article, or impose any requirement that significantly adds to those
expressly or by implication imposed by this section. No regulation
shall be effective unless they shall be approved by resolution of
the Council. Copies of all current regulations shall be furnished
to each permittee at the time of the issuance of the permit.
For violation of the provisions herein contained,
the Head of the Department of Public Works, or the Borough Engineer
or his designee, may revoke the permit and the excavation or opening
and pavements may be restored by the Borough of Carteret at the expense
of the permittee. In addition, any person, firm or corporation found
guilty in Municipal Court of the Borough of Carteret of a violation
of the terms of this section shall be subject to a fine of not less
than $150, nor more than $1,000 or imprisonment for a period not exceeding
90 days, or both, in the discretion of the Municipal Court Judge.
Each day a violation occurs shall be considered a separate violation.
