[Derived from Ch. XI, Secs. 11-2 and 11-4,
of the 1978 Code]
The following words and phrases, when used in
this article, shall have the meaning given unless inconsistent with
the manifest intent of this chapter:
Any opening of 90º to the center line of the street.
The Superintendent of the Department of Public Works of the
Borough of Fort Lee, appointed by the Mayor and Council, or his duly
authorized representative.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to person or property.
Any excavation, digging, removal or disturbing of any kind
of the surface of a public place.
An opening exceeding 15 square yards.
Pipe, fittings and appurtenances as well as excavation or
backfill.
Any opening of 15 square yards or less.
Any person who has been issued a permit and has agreed to
fulfill all terms of this article.
Any individual, firm, corporation or entity.
Any public street (including curbs, gutters and sidewalks),
any dedicated public thoroughfare, road, avenue or highway, whether
accepted or unaccepted, any public park or any public way or place
of any kind.
That portion of the street lying between the curblines.
Any company regulated by the New Jersey Board of Public Utilities
and granted permission by said Board or by the laws of the State of
New Jersey to operate a public utility within the Borough, and shall
include, without limitation, Public Service Electric and Gas Company,
Hackensack Water Company, Bell Atlantic Telephone Company, Bergen
County Utilities Authority and any corporation granted a franchise
to operate a cable television system within the Borough.
A.
No person and/or utility company shall make any street
opening in or tear up or disturb the surface of the roadway of any
street, park or public place without a written permit therefor; provided,
however, that any person maintaining pipes, lines or other underground
facilities in or under the surface of any street may proceed with
an opening without a permit when emergency circumstances demand the
work to be done immediately, provided that the permit could not reasonably
and practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
Borough is open for business. The contractor shall provide an emergency
phone number and be able to have a crew respond to emergency situations
within two hours.
B.
All permits required by this section shall be issued
by the Director of Public Works, with the amount of cash bond to be
determined by the Borough Engineer and/or Director of Public Works.
The permittee shall secure street opening dates and specifications
from the Director of Public Works. Prior to commencement of work the
permittee shall deliver to the Director of Public Works a cash bond
or a certified check in the amount sufficient to defray the cost of
replacing the pavement excavated in case the applicant fails to replace
such pavement in a manner acceptable to the Director of Public Works
as established by the Borough's specifications. In any event, the
minimum amount of the bond shall be $1,000. Such bond shall be renewed
each calendar year, where necessary, at the discretion of the Borough
Engineer and/or Director of Public Works. Every application for a
road opening or road reconstruction permit shall be submitted to the
Director of Public Works, in writing, on forms prescribed and supplied
by the Borough Council and shall be accompanied by duplicate plans
and profiles of the proposed work, except where the Director of Public
Works determines in his discretion that such plans are unnecessary
or in the event of an emergency.
(1)
The application shall identify:
(a)
The location of the proposed work.
(b)
A detailed description of the type of repair
and extent of the work and the method of repair.
(c)
The location of any and all utilities, storm
drains, sanitary sewers or sewer mains within close proximity to the
proposed opening.
(d)
The estimated cost of such work.
(2)
Along with the application, the applicant shall submit
the following:
(a)
A certified survey of the location of the proposed
work.
(b)
A list of all federal, state or local government
agencies having jurisdiction thereover and, if such agencies require
approval, whether such approval has been obtained and attached copy
of such approval.
(c)
A signed statement by the applicant agreeing
to indemnify the Borough and hold it harmless from and against any
claim, liability, damage and/or expense, including attorney fees,
arising out of the granting of the permit or from any negligence or
fault of such applicant, his servants or agents in connection with
any of the work done under or in connection with such permit.
(3)
Upon the issuance of such a permit, the Director of
Public Works shall forward a copy of the permit to the Borough Engineer,
the Chief of Police and the Borough Clerk.
C.
D.
In making the excavation the permittee shall preserve
the roadway from needless destruction and shall cause the excavation,
installation or repair of utility and backfilling to be one continuous
operation. The person, firm or corporation to whom or to which such
permit is issued shall guard the excavation or excavations by suitable
barricades and lights by night until the excavation is safely closed.
It is the responsibility of the permittee to maintain such road openings
in a safe condition for traffic until such time as he replaces the
pavement and the pavement replacement shall have been approved by
the Director of Public Works.
E.
Inspection fees. All applicants for a permit, including
utility companies, shall pay a fee for inspections to be made by the
Borough Engineer or Director of Public Works as follows:
(1)
The fee for inspection shall be based on the number
of hours spent by the Borough Engineer, Director of Public Works or
their representative in inspecting the work covered by the permit,
computed at the rate of $50 per hour.
(2)
Prior to issuance of a permit, the applicant shall
deposit with the Director of Public Works, on account of such inspection
fees, a sum estimated by the Borough Engineer and/or Director of Public
Works to represent the probable total inspection fees. In the event
the estimated inspection fees deposited by the applicant are insufficient,
the applicant shall deposit with the Director of Public Works such
additional amount as may be required, based on the actual amount of
time spent performing such inspections. In the event the total time
spent on such inspections is less than that originally estimated,
the Director of Public Works shall refund any excess payment to the
applicant; provided, however, that a utility company may establish
an account with the Borough and maintain on deposit with the Borough
funds to cover anticipated costs of inspections, such accounts to
be opened and maintained in a manner to be prescribed by the Borough
Administrator and/or the Director of Public Works and/or the Chief
Financial Officer.
(3)
The permit for any such excavation as aforesaid shall
specify the date the excavation is to be made and the maximum time
allowed for the completion of the excavation and the backfilling thereof.
The backfilling shall be completed within the time stated in such
permit and shall be done in accordance with applicable Borough specifications.
F.
Any person aggrieved by the action of the Borough
Engineer, the Director of Public Works and/or their representatives
with reference to denial, suspension or revocation of a permit as
provided in this section shall have the right to appeal to the Borough
Council within 14 days after notice of the action complained of. Appeals
shall be filed in writing with the Borough Clerk. Upon receipt of
an appeal the Borough Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant.
The decision and order of the Borough Council on such appeals shall
be final and conclusive.
A.
No person or entity shall open or cause to be opened
or tear up or disturb the surface or soil of the roadway of any street,
park or public place, nor shall any person or entity excavate, repair
or install any utility in or on any public street in the Borough without
first obtaining a written permit for road construction or road opening.
This requirement shall apply to utility companies as well as any other
person or entity.
B.
Permits for excavation of either public or private
property shall not be issued unless the applicant presents a written
statement of compliance with N.J.S.A. 48:2-73 et seq., concerning
underground gas pipes.
C.
No permit shall be issued until the fee therefor shall
have been paid to the officer authorized to issue such permits. The
permit fee for all work started prior to the issuance of a permit
covering the same shall be twice the regular fee as herein required.
D.
It is not intended to require a permit for the opening
or excavating within any county or state road for which a permit has
been acquired from the proper authority.
E.
The permittee shall advise the Director of Public
Works, Police Department and Fire Department at least 72 hours before
the commencement of work. During the course of work the permittee
shall, at the completion of work on each day, notify the Police Department
and the Fire Department of the condition of the surface at the site
of the work and, prior to the start of work each day, shall also notify
the Police Department and the Fire Department of the location and
nature of work to take place that day.
F.
Prior to excavating in concrete areas, the sides of
the opening shall be cut with a masonry saw to a minimum depth of
one inch. Prior to excavating in bituminous pavement areas, the sides
of the openings shall be cut to the full depth of the pavement with
pneumatic or hydraulically operated hand-held equipment or by saw
cut. In no case shall large-impact-type equipment be used. In any
excavation, the edges of the excavation shall be trimmed to a neat
regular line, and in no event shall there be excavation or disturbing
of a surface area larger than that which is required for the work
to be performed. Where necessary detour plans shall be submitted and
proper traffic control devices installed. Detour plans shall be reviewed
and approved by the Fort Lee Police Department Traffic Division and
the Borough Engineer. The contractor shall supply, install and maintain
emergency "No Parking" signs as directed by the Police Department.
G.
All work shall be performed in such manner and at
such times as to minimize interference with public travel.
H.
During the course of the work the permittee shall
maintain safe pedestrian crossings along the line of the work and
keep the same properly guarded by suitable barricades and warning
signs during the day and by barricades and lights at night and, where
possible, shall cover work openings with steel road plates when work
is not in progress, with all signs and procedures to conform to procedures
and specifications set out in the current edition of the Manual on
Uniform Traffic Control Devices, issued by the United States Department
of Transportation, Federal Highway Administration. The contractor
shall pay for police traffic directors where required by the Chief
of Police.
I.
During the course of the work the permittee shall
not prevent access to any utility subsurface street openings or fire
hydrants unless necessary for the performance of a part of the work,
in which event such part of the work shall be performed as expeditiously
as possible.
J.
The integrity of the remaining pavement structure,
shoulders and slopes shall be of primary concern, and construction
methods shall be utilized which will keep the damages to existing
pavement and other areas to a minimum.
K.
All blasting shall be conducted in accordance with
applicable state and federal laws and regulations. Prior to proceeding
with blasting, notice shall be given to the Director of Public Works,
Fire Subcode Official, Police Department, Construction Code Official,
owners of utilities within 50 feet and adjacent property owners.
L.
Once commenced, all work shall be prosecuted diligently
and as expeditiously as possible and completed in as short a time
as possible.
M.
If any permittee shall fail to proceed promptly, once
excavation work has commenced, and/or shall fail to promptly restore
the work area after completion of excavation work, the Borough Engineer
and/or Director of Public Works may serve such permittee with a written
notice demanding that he complete such work within such fixed period
of time thereafter as the Borough Engineer and/or Director of Public
Works deems reasonably necessary for such purpose. In the event that
the permittee does not conform to such notice, then the Borough Engineer
and/or Director of Public Works may cause said work to be done and
shall charge the cost thereof to the permittee, which cost shall either
be repaid to the Borough from the bond or certified check deposited
with the Borough by the permittee or collected directly from the permittee.
N.
Backfilling.
(1)
Upon completion of the work, the excavation shall
be backfilled either with the material removed from the excavation,
if the Borough Engineer and/or Director of Public Works determines
that the same is suitable, or otherwise with other suitable material
to be obtained by the permittee.
(2)
Backfill shall be placed in layers not exceeding six
inches, and each layer shall be compacted in such a manner as to eliminate
all voids.
(3)
Compaction shall attain a density of at least 90%
of the maximum density possible.
(4)
Compaction shall be accomplished by approved mechanical
or vibratory means to match the compaction and cohesion of the undisturbed
adjacent material. Consolidation by saturation or puddling shall not
be permitted.
(5)
No backfilling shall take place prior to inspection
by the Borough Engineer and/or Director of Public Works and without
such continued inspection during the course of the backfilling as
the Borough Engineer and/or Director of Public Works shall designate
and which, in his or their judgment, is necessary to ensure proper
backfilling of the excavation.
(6)
In the event that such backfilling shall take place
contrary to directions of the Borough Engineer and/or Director of
Public Works or without inspection by the Borough Engineer and/or
Director of Public Works, the Borough Engineer and/or Director of
Public Works may require such remedial action as he deems necessary,
including but not limited to removal of all of the backfilling material,
alteration thereof, testing thereof or leaving the same in place for
a prescribed period of time during which the Borough Engineer and/or
Director of Public Works shall evaluate the sufficiency thereof.
(7)
Backfilling must be accomplished with select materials.
(8)
Backfilling necessitated by an emergency opening during
the period from December 1 to March 1, inclusive, shall not be made
with frozen materials. In the event that backfilling is made with
frozen material, it shall be removed by the permittee and replaced
with stone dust or bank run sand.
O.
In all cases, full consideration is required to be
given to the adoption and implementation of measures reflecting sound
engineering principles and economic factors necessary to preserve
and protect the integrity and visual quality of the roadway, its maintenance
and efficiency and vehicular and pedestrian traffic safety.
P.
In all cases the Borough of Fort Lee confined space
entry rules and regulations are to be complied with.
Q.
Utility lines are to be located to permit servicing
such lines with minimum interference with vehicular or pedestrian
traffic. Efforts must be made to minimize the construction of chambers
or vaults in the roadway and to avoid their location at street intersections.
R.
Ground-mounted utility facilities shall be of a design
compatible with the visual quality of the roadway section being traversed.
S.
New roadways or roadways resurfaced with a bituminous
concrete surface course shall not be opened for a period of two years
unless an emergency exists.
T.
If any subsequent Borough facility necessitates the
moving or adjusting of utility facilities located by permit, then
such utilities shall bear all costs and expenses for the required
move or adjustment, unless the cost and expense of said move or adjustment
is otherwise provided for by law.
U.
Utility line designs and construction are subject
to minimum safety standards and construction requirements prescribed
by the respective national or industry standard codes.
V.
Pavement.
(1)
Temporary restoration of pavement is to be made immediately
after the Borough Engineer and/or Director of Public Works has inspected
and approved the backfilling. The temporary pavement shall consist
of such material or materials as may be designated by the Borough
Engineer and/or Director of Public Works, giving due consideration
to the surface material of the roadway involved. The permittee shall
maintain such temporary pavement in good repair so as to make the
roadway safe for traffic.
(2)
Permanent restoration of pavement surface over the
street opening shall be made within two months, weather permitting,
or within the same construction season if so noted on the permit,
from the date the temporary pavement was installed.
(3)
Prior to the installation of the permanent pavement,
the subgrade shall be properly prepared and the existing pavement
neatly cut back a minimum of six inches from the edge of the trench
or pavement damage in a straight line with vertical faces free of
foreign matter. A tack coat shall be applied to the vertical faces
of the existing pavement prior to the placement of the patch materials.
(4)
The permanent pavement shall consist of a bottom course
of bituminous stabilized base, Mix 1-2, placed at a compacted thickness
of six inches and a surface course of bituminous concrete, Mix 1-5,
placed at a compacted thickness of 1 1/2 inches.
(5)
All pavement restoration, both temporary and permanent,
shall be constructed in accordance with the applicable specifications
of the New Jersey State Highway Department.
(6)
The top or surface course of the permanent patch shall
be flush with the grade of the surrounding pavement when it is compacted.
The joint between the patch and the existing pavement shall be sealed
with an asphalt emulsion.
(7)
For lateral trenches over 100 feet in length, the
top or surface course of pavement shall extend from the curbline or
edge of pavement to a point of three feet beyond the edge of the bottom
course; however, such width shall not be less than 10 feet. If cross
trenches are located less than 150 feet apart, the entire roadway
shall be resurfaced.
W.
No opening permits will be issued between December
1 and March 1 unless an emergency exists.
X.
No work provided to be done under a permit shall be performed on Saturdays, Sundays or holidays except with prior approval of the Director or in the event of an emergency. Any work regulated hereunder shall be performed between the hours of 8:00 a.m. and 5:00 p.m. and/or per Chapter 284, Noise, unless an emergency exists.
Y.
Any public utility corporation having the lawful right
to construct or maintain pipes, conduits or tracks in any public street
or place may file with the Borough Clerk a bond, in a form approved
by the Borough Attorney, running to the Borough of Fort Lee in the
sum of $50,000, conditioned for the making of all excavations in accordance
with the provisions of this section, and further conditioned that
it will restore the pavement of any road excavated, torn up or disturbed
by it or under its authority in accordance with Borough specifications
to the satisfaction of the Borough Engineer and/or Director of Public
Works within five days after notice from the Borough Engineer and/or
Director of Public Works, and that in case of its failure so to do,
it will, upon demand, pay to the Borough the cost of restoring such
pavement. Such bond shall be renewed each calendar year. Such corporation,
upon filing such bond, shall be entitled to make excavations for the
purpose of construction or maintenance of its pipes, conduits or tracks
for a period of one year. A copy of the bond shall be filed with the
Director of Public Works.
[Amended 10-26-2000 by Ord. No. 2000-41]
Z.
Notwithstanding any other provision of this section,
in the event of any emergency, a utility company may undertake such
emergency repairs without the necessity of compliance with the foregoing.
However, prior to even such emergency repairs, the utility company
shall notify the Fort Lee Police Department in order to report the
location of the emergency and the nature of the problem. Thereafter,
and as soon as possible after undertaking such emergency repairs,
the company shall file a complete report with the Borough in accordance
with the compliance provisions contained herein.
A.
The permittee shall clean up and remove promptly from
the site of the work, upon completion thereof, all surplus excavated
material and debris and shall reinstall any signs removed during construction
and shall leave the site of the work in a neat and orderly condition.
Where concrete curb, asphalt berm, sidewalk or landscaped areas are
disturbed in the course of the work, the permittee shall restore such
surface to its original condition.
B.
In the event that material excavated from within a
public place cannot be replaced within the excavated area or is not
suitable for such purpose, the permittee, upon instructions from the
Director of Public Works, shall deliver such material to such location
within the Borough as shall be designated by the Director of Public
Works, and such material shall be available for use by the Borough
as it deems fit, or, if the Director of Public Works so directs, the
permittee shall dispose of such material at some location outside
the Borough.
C.
Following completion of excavation work, the area
in which such excavation has taken place shall be restored to a condition
at least as satisfactory as that which existed prior to the excavation,
and such restoration work shall be performed according to specifications
and details on file in the office of the Director of Public Works.
D.
The deposit posted by the permittee pursuant to this
section shall be returned to the person receiving the permit one year
after the date of the certificate of the proper restoration.
E.
In the event of the failure to restore the street
opening properly within a reasonable time after the opening has been
made or to maintain the restored street properly for a period of one
year from the date of the aforesaid certificate of proper restoration,
the Borough may, upon three days' notice to the person receiving the
permit, undertake the restoration or maintenance work and have recourse
to the deposit for compensation.
A.
The permittee shall be required to maintain and repair
any defect or imperfection that appears in such restored excavation
area within a period of one year from the date of final inspection
thereof by the Borough Engineer and/or Director of Public Works following
completion of such restoration work.
B.
The person receiving the permit shall be responsible
for proper maintenance of that portion of the street over which the
permit has been issued, including continued backfilling to compensate
for a period of one year from the date of certification of the proper
restoration of the street by the Borough Engineer and/or Director
of Public Works, and shall assume all liability for damages resulting
therefrom or in any way connecting therewith.
In the event any provision of this article shall
conflict with the provision of any statute, state or federal, or with
any rule or regulation of the Public Utility Commission or Federal
Power Commission, such provision to the extent of such conflict shall
not apply.
