Borough of Hasbrouck Heights, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 4-23-1984 by Ord. No. 1262]
[Amended 5-29-1990 by Ord. No. 1538]
The purpose of this article is to establish regulations and fees for the opening of municipal streets, parks and public places within the Borough of Hasbrouck Heights.
The following terms shall, for the purpose of this article, have the meanings here indicated:
EXTENSIVE OPENINGS
An opening, tearing up or excavating, for any purpose, of a Borough road of 100 feet or more of roadway length or where connecting lateral openings are made at average intervals of less than 100 feet along the roadway length or an opening which disturbs 20% or more of the pavement area.
OWNER
Any person, corporation, public utility or other entity on whose behalf a street opening is performed by a permittee.
PERMITTEE
Any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
New Jersey Bell Telephone Company, Public Service Electric and Gas Company, Hackensack Water Company, cable TV company or any other entity having either the power of eminent domain or subject to the regulations by the Public Utilities Commission of the State of New Jersey.
SMALL OPENING
Any opening, tearing up or excavating, for any purpose, of a Borough road which is not an extensive opening.
STREET
Any street, road or other public way dedicated to and accepted by the Borough of Hasbrouck Heights, and shall include all of the area thereof lying within the bounds of the dedicated right-of-way.
A. 
No person, persons or corporation, municipal or private, nor any utility company, public or private, shall for any purpose open, tear up, excavate, bore, tunnel or drive under or in any way impair the surface or subsurface within the limits of the right-of-way of any street in the Borough of Hasbrouck Heights or the surface or subsurface of any park or public place without first obtaining a road-opening permit from the Borough Clerk.
[Amended 5-29-1990 by Ord. No. 1538]
B. 
Only such persons, firms or corporations to whom or to which permits have been granted shall be permitted to perform such work and then only in the manner herein required and only as specifically allowed in the permit. Assignment of rights under any permit issued hereunder is prohibited, and permits purportedly assigned shall be immediately void. Contracting or subcontracting work to a person, firm or corporation to whom or to which no permit has been granted is prohibited.
[Added 12-30-1985 by Ord. No. 1342]
C. 
Nothing contained in this section shall be construed as requiring the issuance of a permit for the performance of any work done by the Borough or under a contract with the Borough for the construction of waterlines, sewer lines or street improvements.
D. 
No person or corporation shall be issued a road opening permit until there is presented satisfactory proof in the form of the authorization number from the One-Call Damage Prevention System as required by N.J.S.A. 48:2-73 et seq.
[Amended 3-22-2016 by Ord. No. 2355]
E. 
No street, road or paved area constructed, reconstructed or repaved within five years of the time that the road is sealed, other than a planned development approved by the Planning Board of the Borough or other regulatory authority, can be excavated, built or patched except in the case of emergency which includes but is not limited to gas leaks, water main leaks and sewer breaks.
[Amended 3-22-2016 by Ord. No. 2355]
F. 
Certification must be provided that all underground facilities have been located and marked using standard color codes for gas, water and other utilities. The certification must indicate a marking authorization number. Final line striping and pavement markings must be restored immediately to original or better condition. The standard for the Borough of Hasbrouck Heights for line striping and traffic markings is the application of six inches minimum width hot extruded thermoplastic.
[Added 3-22-2016 by Ord. No. 2355]
[Amended 3-22-2016 by Ord. No. 2355]
A. 
Form.
(1) 
Applications for a permit shall be made in writing on forms prescribed by the Superintendent of the Department of Public Works and issued by the Borough Clerk and shall be filed at least one week prior to the commencement of any work unless it is an emergency. The application shall specify the name and address of the applicant; the specific location of the proposed excavation and the width, length and depth thereof; the type of road or other surface; and the individual(s), firm or corporation for whose benefit the excavation is to be made and shall be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided, together with the charges as hereinafter set forth.
(2) 
Applications for extensive openings shall require, in addition to the above, information regarding:
(a) 
All improvements.
(b) 
Typical details and sections of construction procedure.
(c) 
Plans, profiles and other details necessary to accurately depict the work.
(3) 
No work may commence by the permittee until the date set forth in the issued permit.
[Amended 3-22-2016 by Ord. No. 2355]
A. 
In the event that an emergency condition exists requiring immediate action by any person, firm or corporation required to obtain a permit pursuant to this article, the person may immediately cause the roadway to be entered and emergency measures taken without first obtaining a permit, provided that:
(1) 
A true emergency exists and the person(s) doing the work notifies the Hasbrouck Heights Police Department prior to start of work; the Police Department shall log the emergency.
(2) 
A permit is applied for within 24 hours of the road opening or on the next business day, whichever is more practical.
(3) 
All work is performed in accordance with the applicable requirements of this article.
(4) 
The Superintendent of the Department of Public Works or the Borough Engineer shall be notified within 24 hours of a road opening. If a road opening commences on a Saturday or Sunday as a result of emergency road work, the Police Department of the Borough shall be notified prior to start of work, and the Superintendent of the Department of Public Works or Borough Engineer shall be notified as soon as possible thereafter.
(5) 
In the event of an emergency opening, the person, company, or utility shall apply for a permit no later than the next business day. Any opening that is found without a permit issued will be subject to an application fee of $1,000 and an inspection fee of $75; no exceptions.
B. 
The Borough reserves the right to issue a written stop-work order when the same is deemed appropriate by the Superintendent of the Department of Public Works or Borough Engineer.
Prior to the issuance of a permit, copies of the application therefor shall be referred to the Borough Superintendent of the Department of Public Works or the Borough Engineer, who shall note any objections to the issuance of a permit or any conditions to be imposed on the application within five working days. All objections and all conditions shall be satisfied prior to or be imposed as conditions upon the issuance of the permit as appropriate.
The applicant must be a licensed contractor or agent of a public utility, whether corporate, individual or partnership, who will be actually engaged in the performance of the work, for the adherence of the work to the specifications and for the safety of the public. The application shall be made for and on the behalf of the owner for whom such work is being done and shall be countersigned by such owner. Permits will not be issued directly to private owners or developers without specific written approval of the Mayor and Council.
Except where otherwise provided by law or where governed by Borough Ordinance No. 1143,[1] the owner shall, as a condition of the issuance of a permit, agree that any facilities, pipes or poles or other object to be installed within the Borough right-of-way pursuant to the permit shall be promptly relocated at the owner's expense, as required by the Borough of Hasbrouck Heights, to accommodate the installation of Borough facilities. Such agreement shall be in writing and contained on the face of the application form and permit.
[1]
Editor's Note: Ordinance No. 1143, the Telephone Franchise Ordinance, is on file in the Clerk's office.
All extensive openings shall first be reviewed and approved by the Superintendent of the Department of Public Works and shall subsequently be reviewed and approved by the Borough Engineer prior to the issuance of a permit.
Street-opening permits shall be issued by the Borough Clerk once reviewed and approved as provided for herein; provided, however, that no permit shall be issued until an application fee and an engineering fee, both of which are nonrefundable, have been paid to the Borough Clerk.
[Amended 3-22-2016 by Ord. No. 2355]
A. 
Generally. The New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction, with all amendments and supplements, shall govern all of the work performed under Borough of Hasbrouck Heights road opening permits, except as supplemented below.
(1) 
No Borough road shall be closed to traffic without prior written consent of the Police Department. In the event that a road is closed, uniformed police may be required to act as traffic directors. Maintenance and protection of pedestrian and traffic control is the responsibility of the applicant and must conform to NJDOT and MUTCD standards along with the requirements of the local municipality. All costs of providing uniformed police shall be the responsibility of the permittee or the owners. In the event that a detour is deemed necessary by the permittee, application shall be made to the Chief of Police, who shall determine the necessity for such detour and the route to be followed. In emergency situations, notification by phone to the Police Department shall be given prior to start of work.
(2) 
Any work under an issued permit must be commenced within three months from the date of issue and completed 45 days from commencement, or the permit shall be deemed void, and reapplication shall be required.
(3) 
With the exception of emergencies and weather permitting, work commenced under a permit shall be continued without interruption during normal working hours until completed. The Borough reserves the right for emergency road openings to permit work to be undertaken upon a "24/7" basis.
(4) 
The applicant shall notify the Borough Clerk, Police Chief and the Superintendent of the Department of Public Works or the Borough Engineer 48 hours in advance of the actual commencement of any work under a permit.
(5) 
The existing pavement must be cut with a compressor, wet saw, or an approved mechanical cutting device, in a straight line and to the full depth of pavement before excavation. All Borough storm drains and catch basins will be protected at all times. Any damage will be repaired by the applicant at its expense.
(6) 
All fill removed from any trench shall be discarded by the applicant. The trench must be of suitable width to obtain proper mechanical compaction. All backfill is to be done with quarry process stone Type 1-5 or DGA, or other suitable material if approved by the Borough Engineer, for the full depth of the trench. First lift of fill, 12 inches above pipe, shall be compacted using a Jumping Jack or vibratory tamper. Successive lifts shall be compacted by mechanical means such as tamping, vibrating or rolling. A vibra plate tamper is not acceptable.
(7) 
For bituminous concrete roadways, upon completion of the proper backfill, a compacted ten-inch layer of bituminous concrete stabilized base mix 1-2 shall be utilized in lifts of no more than three inches (compacted thickness) in all trench areas. For concrete roadways, upon completion of the proper backfill, pavement shall be restored utilizing 10 inches of Class 13 concrete with double wire reinforcing. The specific requirements relative to the restoration of concrete roadways are set forth in § 236-49, Construction specifications, of this article. For both bituminous concrete and concrete roadways, the top surface shall be flush with the adjacent pavement and be uniformly contoured to the existing surrounding surface. For concrete roadways, the concrete material shall be "plated" in accordance with the requirements of this article for a twenty-eight-day period to assure proper curing. If "high early" concrete is utilized, the excavation shall be "plated" for a minimum of 14 days. Under the provisions of this article, to assure proper curing, prior to the possibility of the Borough needing to apply deicing materials, concrete may not be installed after October 20. Should a roadway opening be made after that date, the pavement shall be restored using 10 inches of bituminous concrete stabilized base mix 1-2 installed in accordance with the provisions of this article. The bituminous concrete stabilized based pavement shall be removed after April 1 of the subsequent calendar year and standard concrete pavement installed.
(8) 
The applicant must install and maintain temporary line striping and pavement markings.
(9) 
The applicant further agrees to keep the trench filled to the level of surrounding pavement until settlement has ceased. The Borough of Hasbrouck Heights shall be held harmless in any and all accidents arising out of trench defects.
(10) 
Final restoration.
(a) 
After the Superintendent of the Department of Public Works has determined that the excavation has had a sufficient time period for settlement, final restoration will be undertaken using two inches (compacted thickness) of bituminous concrete surface course mix 1-5 to be placed over the entire area of stabilized base as determined by the Superintendent of the Department of Public Works. The surface pavement shall be "infra-redded" to assure a seamless transition between existing pavement and the opening.
(b) 
The resulting milled surface shall then be swept and tack coat material applied before the two-inch compacted surface course is laid. This course shall be thoroughly compacted flush with the surrounding surface by vibratory rolling and be uniformly contoured to the adjacent pavement.
(c) 
When using infrared resurfacing application, all stabilized base material in the road opening plus a minimum of 12 inches surround cling at the edge of the opening require heating and raking to a depth of one inch. All raked material shall be discarded and replaced by fresh hot FABC top mix.
(d) 
All manhole frames and covers installed within the pavement area shall be set to finished grade. Any scaring or road damage to any other part of a Borough roadway caused by this permit shall be repaired as per the above conditions.
(11) 
When necessary to cross over or under existing bridges or culverts under the jurisdiction of the county, no work whatsoever shall be performed until the Borough Engineer has approved filed plans. There shall be a minimum of 12 inches separation between the Borough drainage system and the utility line.
(12) 
The Borough requires an extended maintenance period of up to two years after permanent restoration and an additional maintenance bond depending upon the nature of the work involved. This additional obligation will be released upon completion and acceptance of the work by the Borough. The maintenance bond shall be executed by the permittee as principle and by a surety company licensed to do business in the State of New Jersey as surety.
(13) 
No road opening permit will be issued between November 15 and March 15 unless an emergency exists. In the event an emergency exists and a permit is issued during this period, the applicant, by accepting this permit, assumes all responsibility for the safe maintenance of said opening and further assumes all liability for damages resulting from or in any way connected to this project.
(14) 
The use of steel plates on Borough roadways between November 15 and March 15 is prohibited. All steel plates that are installed on Borough roadways are to be countersunk, pinned, and ramped.
(15) 
The applicant is responsible for complete and total restoration of opening and surrounding roadway for a period of up to two years after permanent paving. There are no exceptions. All escrow monies and bonds will be released at that time when all workmanship connected with this project is deemed acceptable.
(16) 
Certification shall be provided that all underground facilities having been previously located and marked using standard color codes for gas, water and other utilities. Certification must indicate marking authorization number. Final line striping and pavement markings must be restored immediately to original or better condition. The standard for the Borough of Hasbrouck Heights for line striping and traffic markings is the application of six inches minimum width hot extruded thermoplastic.
(17) 
Additional extensive road opening requirements.
(a) 
Basic requirements.
[1] 
Permanent pavement will be milled and paved from curbline to yellow center line from start to finish. If laterals are 100 feet apart or less, the entire road shall be milled and paved from curb to curb start to finish. Laterals that are more than 100 feet apart shall have infrared paving repairs.
[2] 
Traffic lines with thermoplastic glass beads must be replaced.
[3] 
Backfill quarry process with dust shall be compacted every 10 inches by a mechanical vibratory compactor. The utility company/contractor shall be responsible for a period of two years to make repairs related to any settlement.
[4] 
Before crossing over, or under existing bridges, drainage structures or culverts under Borough jurisdiction, the applicant must notify the Borough and no work whatsoever shall be performed until the Borough Engineer has approved filed plans. (Every effort must be made to have a minimum separation of 12 inches between the outside of your pipes and our drainage structures.)
B. 
Guard. The applicant shall keep the work site properly guarded both day and night and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices placed thereat and maintained throughout the performance of the work and shall interfere as little as possible with traffic along the street or road within the Borough, and only that part of any such street or road as is set forth in the permit shall be opened.
C. 
Minimum cover. All utilities shall be constructed with a minimum cover as shown in Table I set forth below to provide protection for the utilities in the event that future Borough road construction, repair or modification necessitates excavation, undercutting or installation of facilities in the area where the utility is located. This location will in no way relieve the utility owner of the responsibility of relocating the utility at the utility owner's expense in case of conflict with future construction, reconstruction or modification of related facilities, except as otherwise specified herein. The aforementioned minimum cover may be waived by the Superintendent of the Department of Public Works or Borough Engineer if the applicant prepares and files certified plans indicating the location, extent and depth of the facilities and the plans are approved by the Superintendent of the Department of Public Works or Borough Engineer. This subsection shall apply only to new construction.
Table I
Minimum Cover*
Utility Designation
Inches
Cable television
18
Electric
18
Gas
30
Telephone
18
Water
48
*
NOTE: Measured from top of pipe, conduit, duct or cable to finished pavement or ground surface.
D. 
Protection of existing structures. It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person, firm or corporation whose pipe, conduits or other structures are laid in the portion of the street to be opened. The notice shall be given to all utilities by calling the One-Call Damage Prevention System at telephone number 1-800-272-1000 as provided by law, and the permittee shall restore same, at his own expense, to the condition it was in prior to commencement of work.
E. 
Daily closures. All excavations shall be completely backfilled at the end of each working day unless it would constitute a hardship to the permittee or where the size of the excavation makes it impossible to backfill at the end of each working day, in which event a waiver may be granted by the Superintendent of Public Works or Borough Engineer. In the event that a waiver is granted, the contractor or owner shall cover the excavation with heavy one-inch-thick plates secured to existing pavement to prevent rattles and movement and erect appropriate barriers and lights around the entire excavation and arrange to provide appropriate security protection, if such security is necessary, at his own cost, and such other safeguards as may be needed to protect the public from an open excavation. If plates are placed for over a weekend or for an extended period, all edges are to be macadam-sealed and sloped. In no event shall an excavation be left open for more than 72 hours unless an emergency exists and permission has been secured from the Chief of Police, Superintendent of the Department of Public Works, Borough Engineer or their designated representatives.
A. 
The permittee shall be liable to any damage to work-site roads. In the event that any such damage is not repaired within 10 days after completion of the street opening, the cost for the repair of the same shall be deducted from the permittee's deposit held by the Borough Clerk.
[Amended 12-30-1985 by Ord. No. 1342]
B. 
The permittee shall, on a continuing basis, maintain all streets and other property affected by the construction in clean condition free from all rubbish, excess earth, rock and other debris. Upon completion of all work under the permit, the permittee shall again clean the affected property to remove all debris and unused material. In the event that the permittee fails to act as provided herein, the Borough, upon 24 hours' notice to the permittee, may clean and remove all rubbish, excess earth, rock, debris and unused material and charge the permittee with the cost thereof. If the permittee fails to reimburse the Borough for the costs incurred, said costs shall be deducted from the permittee's deposit held by the Borough Clerk.
The Superintendent of Public Works or Borough Engineer shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with the conditions imposed on the issuance of the permit and the specifications. The Borough may, upon the recommendation of either of them:
A. 
Order a temporary stop to any road opening.
B. 
Order that the applicant perform or correct work in accordance with the directions of the Borough.
C. 
Order a stop to any work and revoke the permit, in which event the Borough of Hasbrouck Heights shall complete the work or cause it to be completed and either declare the applicant's cash deposit forfeited or notify the applicant's surety of an intent to file claim on the bond.
D. 
Authorize the correction of any work after notification to the permittee and after the neglect or the refusal of the permittee to make such corrections within 24 hours and, after the completion of the same, either declare the permittee's cash deposit forfeited or notify the permittee's surety of an intent to file a claim on the bond.
E. 
Take any other action deemed reasonable under the circumstances to protect the Borough's interests.
[Amended 12-30-1985 by Ord. No. 1342; 3-22-2016 by Ord. No. 2355]
A. 
No road opening shall be permanently paved until a final inspection has been made by the Borough Engineer or Superintendent of the Department of Public Works and final approval given.
B. 
For all openings:
(1) 
The paved roadway surfaces shall be saw-cut or blade-cut vertically on a straight line with approved pneumatic equipment before excavating.
(2) 
The material excavated from the trench opening shall not be replaced as backfill unless expressly authorized by the Superintendent of the Department of Public Works or Borough Engineer. Excavated materials must be removed from the work site the day of excavation.
(3) 
The backfill of dense graded aggregated or bank run sand, where permitted, shall be furnished from outside sources.
(4) 
The uncompleted length of road opening allowed under a permit at any one time shall not exceed 50 linear feet unless a special need can be established by the permittee and approval to exceed this limitation is secured from the Superintendent of the Department of Public Works or Borough Engineer. Such special need shall be noted in writing to the Superintendent of the Department of Public Works or Borough Engineer before such permission is granted, except in unusual cases and/or emergencies. In that event, such special need shall be documented in writing after approval is granted.
(5) 
Where existing manholes are located in the shoulder areas, a minimum of two inches (compacted thickness) of hot mix asphalt surface pavement, mix I-5 shall be placed for eight feet on both sides of the manhole casting on four inches of compacted dense graded aggregate stone subbase. The width of the hot mix asphalt pavement mix I-5 shall vary to the dimensions of the existing shoulder.
(6) 
All backfill shall be placed in six-inch layers, with each layer thoroughly compacted by mechanical means to the satisfaction of the Superintendent of the Department of Public Works or Borough Engineer. The Superintendent or Borough Engineer shall have the right to require a compaction test to be performed by an independent laboratory at the expense of the permittee.
(7) 
After proper compaction and cutback of the road, the entire width of the trench plus a four-inch overlap shall be paved with the temporary pavement.
C. 
Asphalt pavement openings.
(1) 
For openings in bituminous concrete or penetration macadam pavements, backfill material shall be deposited in one-foot layers and thoroughly compacted to a level 12 inches below the surface level of the adjacent paved surfaces. The opening shall be cut back six inches beyond the edges of the trench opening. The subbase course shall be dense graded aggregate four inches compacted thickness. The base course shall be hot mix asphalt mix 1-2 (stabilized base six inches thick (compacted thickness) placed in three lifts. The surface course shall be two inches (compacted thickness) of hot mix asphalt surface pavement mix I-5 with all joints between the existing pavement and the bituminous concrete surface course to be sealed with a tack coat.
(2) 
When road openings are in sequence or are within three feet of another opening, the surface area of the combined openings will be paved to form one continuous surface. The surface course shall be two inches (compact thickness) of hot mix asphalt surface pavement, mix I-5 and all joints between the existing pavement and the bituminous concrete surface course shall be sealed with a tack coat.
(3) 
The temporary pavement shall consist of four inches (compacted thickness) dense graded aggregate subbase and the hot mix asphalt pavement mix I-2 (stabilized base) course described herein. The temporary pavement shall be placed and compacted one inch below the finished surface of the existing pavement and shall be maintained at this level by the permittee by the addition of hot mix asphalt surface pavement, mix I-5 until final settlement has occurred. After the Borough Engineer and/or Superintendent of the Department of Public Works has determined that final settlement has occurred, the pavement shall be completed by the placing and compaction of additional hot mix asphalt surface pavement, mix I-5, level with the existing pavement. Prior to placing the additional hot mix asphalt pavement, the pavement shall have "tack" applied.
D. 
Concrete pavement surface openings.
(1) 
For all openings in concrete surfaces, the trench backfill shall be compacted in one-foot layers to a level four inches below the top of the adjacent paved surface. The openings shall be cut back six inches beyond the edges of the trench opening. Four inches (compacted thickness) of hot mix asphalt pavement mix I-2 (stabilized base) temporary pavement shall then be placed in two-inch lifts, compacted level with the existing pavement and shall be maintained by the permittee to a pavement, level with the existing pavement by adding additional hot mix asphalt pavement material until final settlement has occurred. After the Borough Engineer and/or Superintendent of the Department of Public Works have determined that final settlement has occurred, the temporary hot mix asphalt pavement shall be removed and the opening excavated to a depth of 10 inches and a pavement of Class B concrete, 10 inches in depth shall be constructed level with the existing pavement surface. The Class B concrete pavement shall be reinforced with a double level of 6 x 6, No. 6 gauge wire mesh reinforcing and shall be placed in the opening and extend fully into the cutback shelf. The "bottom" wire reinforcing shall be set eight inches from the roadway surface. The "upper" reinforcing shall be set two inches from the pavement surface.
(2) 
The concrete pavement shall be "finished" to "match" the roadway surface or with a "broom" finish as directed by the Borough Engineer or Superintendent of the Department of Public Works.
(3) 
After the concrete has been placed and if the roadway is to be opened to traffic prior to full "curing" of the concrete pavement, the roadway shall be "plated" with standard highway plates capable of supporting H20 loading. The plate shall extend a minimum of six inches beyond the limits of the new concrete pavement. The plates shall be secured and installed in accordance with current New Jersey Department of Transportation specifications including temporary ramping and shall remain in place for a minimum of 28 days to permit curing of the concrete. If "high early" concrete is utilized, the plates shall remain in place a minimum of 14 days.
E. 
Nonpaved area. All grass or graveled area or sidewalk areas disturbed within the Borough right-of-way shall be reconstructed, topsoiled, seeded and mulched within 14 days of completion of excavation. All concrete areas will be thoroughly compacted. These limits may be waived by the Superintendent of the Department of Public Works or the Borough Engineer only when abnormal temperatures or inclement weather necessitates the same.
F. 
Guarantee. All work shall be guaranteed for a period of 12 months.
G. 
Openings undertaken within five years of resurfacing. If a utility opening is undertaken less than five years after a roadway has been resurfaced, the utility shall be required to profile and resurface that portion of the roadway deemed necessary by the Borough Engineer and/or Superintendent of the Department of Public Works.
H. 
Sawcuts required. All roadway excavations shall be "saw-cut."
I. 
Restoration. All roadway openings shall be restored using infrared pavement restoration.
[Amended 12-30-1985 by Ord. No. 1342; 3-22-2016 by Ord. No. 2355]
A. 
The applicant shall present evidence satisfactory to the Borough Administrator sufficient to indemnify and save harmless the Borough, its agents and servants against and from all suits and costs of every kind and from all personal injury or property damage resulting from negligence or from any phase of operations performed under the permit.
B. 
The minimum policy limit of such insurance shall be as follows:
(1) 
Bodily injury liability coverage with limits of not less than $1,000,000 for bodily injury, including accidental death, to any one person, and subject to that limit for each person, in an amount not less than $1,000,000 for each accident; and property damage coverage in the amount of not less than $500,000 for each accident;
(2) 
One person in any one accident, amount of $1,000,000;
(3) 
Two or more persons in any one accident, amount of $300,000; and
(4) 
Property damage in any one accident, amount of $500,000 with aggregate property damage limit of $1,000,000.
C. 
Where there is an extensive opening, the Superintendent of the Department of Public Works or the Borough Engineer may request additional insurance if it is deemed necessary under the circumstances.
D. 
Security.
(1) 
The Building Department shall not issue a permit unless the applicant has deposited, as security for faithful performance, a certified check made payable to the Borough of Hasbrouck Heights or filed a bond with a surety satisfactory to the Borough Administrator, the amount thereof to be based upon the security deposit fee schedule as provided herein for the work to be performed.
(2) 
A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least $20,000. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth herein exceeds the $20,000, the public utility applicant shall file a surety bond in an amount equal to the difference between the $20,000 and the required security. For all nonpublic utility applicants, the surety bond shall be at least $1,000. A certified check for a lesser amount may be deposited, however, in the amount as required herein for the work to be performed.
(3) 
Upon satisfactory completion of all work permitted or required under the permit for extensive openings, if the security deposit is $2,000 or less, the Borough of Hasbrouck Heights will retain 100% of the security deposit as security for maintenance of the work for a period not to exceed one year from the date of completion, provided that if the security deposit is in the form of a certified check, the permittee may deposit a surety bond of $2,000 in a form satisfactory to the Borough Administrator in lieu of the certified check. If the security deposit is greater than $2,000, then the Borough will release or refund 60% or more of the same with the approval of the Superintendent of the Department of Public Works or Borough Engineer, and the surety bond will be deposited for the maintenance as set forth above. All bonds and certificates of insurance shall contain a provision that the same shall remain in full force and effect for a period not to exceed one year after the last work under any permit has been completed and accepted by the Borough.
(4) 
In the case of a small opening, the Borough shall retain the security deposit for six months after satisfactory completion of all work permitted or required under the permit, provided that, if the security deposit is in the form of a certified check, the permittee may deposit a security bond in lieu of the check.
E. 
Application fee and escrow deposit.
(1) 
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth herein. Applications other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth herein. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, the fund shall be subject to increase on demand of the Borough Administrator.
(2) 
The Borough shall pay from the escrow deposit fee any costs incurred by its designated representatives or professional consultants for inspection or other engineering services or legal fees required in connection with the proposed opening or excavation at the rate established.
[Amended 7-9-2002 by Ord. No. 1969; 3-22-2016 by Ord. No. 2355]
A. 
Application fee, nonrefundable (other than public utilities).
(1) 
Road opening:
(a) 
Width of road opening:
[1] 
For 1/2 the width of the road being opened: as set forth in Chapter 133, Fees.
[2] 
For the full width of the road being opened: as set forth in Chapter 133, Fees.
(b) 
Length of road opening:
[1] 
Per linear foot: as set forth in Chapter 133, Fees.
[2] 
From 25 linear feet to 50 linear feet by three feet wide, an additional fee as set forth in Chapter 133, Fees.
[3] 
More extensive openings: as set forth in Chapter 133, Fees.
(2) 
Boring, tunneling or driving under road: lump sum minimum as set forth in Chapter 133, Fees.
(3) 
Curb, gutter, apron, sidewalk or driveway: lump sum as set forth in Chapter 133, Fees, when affected by excavation.
(4) 
Application fees shall be accumulated in one account for each public utility, and the funds can be utilized for the payment of expenses incurred by the Borough for any work performed for the permittee without restriction as to which application the funds were originally posted.
(5) 
In lieu of individual application fees, public utilities may pay fees as set forth in Chapter 133, Fees.
B. 
Application fee (utilities).
(1) 
Road opening. Public utilities shall pay an annual flat fee as set forth in Chapter 133, Fees, on or before January 15 of each year, beginning April 1, 2016, and, thereafter, a security deposit fee guaranteeing restoration, pavement curbing and/or topsoil as provided hereafter.
C. 
Security deposit fee for guaranteeing restoration, pavement curbing or topsoil:
(1) 
Opening paved area, curb, gutter, sidewalk or driveway:
(a) 
Base charge: as set forth in Chapter 133, Fees.
(b) 
Charge for each square yard of trench opened: as set forth in Chapter 133, Fees.
(c) 
Charge for each square yard of paving: as set forth in Chapter 133, Fees.
(d) 
Charge for each linear foot of curb: as set forth in Chapter 133, Fees.
(2) 
Opening shoulders and roadside areas:
(a) 
Base charge: as set forth in Chapter 133, Fees.
(b) 
Charge for each square yard of trench opened: as set forth in Chapter 133, Fees.
(3) 
Boring, tunneling or driving under the road:
(a) 
Base charge: as set forth in Chapter 133, Fees.
(b) 
Charge per linear foot of boring: as set forth in Chapter 133, Fees.
D. 
Escrow deposit fee for engineering and legal costs.
(1) 
All road openings, excavations, borings and other work as stated on the permit application: The minimum escrow amount shall be as set forth in Chapter 133, Fees.
(2) 
Actual payment from the escrow deposit fee fund shall be based upon the following rates:
(a) 
Professional engineering services: as set forth in Chapter 133, Fees.
(b) 
Attorney: minimum fee as set forth in Chapter 133, Fees.
(c) 
An inspection fee as set forth in Chapter 133, Fees, covering a minimum of three inspections; an amount as set forth in Chapter 133, Fees, will be charged for any additional inspections.
Upon the completion of any such work, the Superintendent of the Department of Public Works or Borough Engineer shall file a report on a form to be furnished for that purpose, which report shall contain the date of completion, the amount on deposit, the cost to the Borough of resurfacing the area so excavated or opened, if the same shall have been necessary, and the balance, if any, due to the applicant. Upon receipt of the report by the Borough Clerk, the balance due, if any, to the applicant on account of any deposit shall be forthwith returned.
[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person, company, firm or corporation who or which shall violate any of provisions of this article shall, upon conviction of such violation, be subject, for each offense, to such penalties as are provided in Chapter 204 of this Code. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the Borough Clerk to do so, each day that such pavement, road or street remains unrestored shall constitute a separate offense.