[Adopted 9-15-1992 by Ord. No. 1569 (Ch. 174, Art. I, of the 1984 Code);
amended in its entirety 5-14-2020 by Ord. No. 2294]
It shall be unlawful for any person to make any excavation in
or remove the surface of any municipally controlled road or street
in the Borough of North Arlington for any purpose whatsoever, or to
store any material within the right-of-way limits of any municipally
controlled road or street in the Borough for any purpose whatsoever,
without a written permit first having been obtained from the Construction
Code Department hereinafter provided.
Any person having entered into a construction contract with
the Borough to lay and construct pipes, conduits or other structures
in municipally controlled roads or streets shall be governed by the
provisions of the construction contract and shall be exempt from the
provisions of this article.
A permittee shall obtain a separate permit for each 150 linear
feet, or part thereof, of a block segment and for each intersection
where work is to be performed.
A.
Proper notification. Permittee and owners of underground facilities
shall comply with the State of New Jersey's standards relating
to construction, excavation and demolition operations at or near underground
facilities. Permittees shall take the precautions necessary to protect
such pipes, mains, conduits, and other appurtenances at their own
expense.
B.
All work shall be done in accordance with the specifications and
provisions of the New Jersey Department of Transportation (NJDOT).
C.
All debris on the street shall be removed at the expiration of the
permit unless otherwise stipulated.
A.
All applications for a permit for a street opening or excavation
shall be made to the Construction Code Department. Such application
must include:
(1)
A description of the work to be performed;
(2)
The reason for the work;
(3)
The street address, including the nearest cross streets, where the
excavation or street opening is to be made;
(4)
A plan or sketch in proper scale indicating the size and location
of the proposed opening(s), which shall include
(5)
The start and estimated completion dates;
(6)
The type of pavement or surface to be opened;
(7)
Whether the proposed work will be within a streetscape area (if so, the provisions of § 319-11.2 will apply);
(8)
Whether the proposed work will be on a protected street (if so, the provisions of the § 319-11.3 will apply);
(9)
The name and address of the compaction testing company or laboratory,
as required on certain designated emergency streets only;
(10)
Photographs of the street or roadway which will be impacted
by the proposed work and the areas immediately adjacent thereto as
it exists at the time of the application for the permit;
(11)
A utility mark-out within the area affected;
(12)
A written agreement to completely restore the area affected
within a specified number of calendar days after the first disruption
thereof to the condition it was in at the time it was first completed.
The selected period of time is subject to the approval of a representative
of the Department of Public Works;
(13)
Specifications, matching those used to construct the street
or roadway in the first place, for the complete restoration of any
and all bituminous paving, concrete sidewalks, concrete curbs, brick
pavers, bollards, light poles, benches, trash receptacles, planters,
sign posts and all other aspects of the street or roadway that may
be disrupted or impacted in anyway by such work;
(14)
An itemized and detailed estimate of the cost of the proposed
work, including the cost of complete restoration of the street or
roadway prepared by the applicant's architect or engineer;
(15)
A written agreement to submit photographs of the street or roadway
once the Department of Public Works representative has approved the
complete restoration of the street or roadway.
B.
No trees within the sidewalk shall be disturbed or removed without
the permission of the Mayor and Council.
A.
Parallel to property line. Application for a permit for the installation
of a main line of a utility or drainage system running parallel to
the property line of the road or street shall be made to the Construction
Code Department. Such application must include a detailed plan showing
the limits of such installation, the depth of the main or utility
and other necessary information, including full compliance with the
requirements and subject to the conditions hereafter provided. Upon
approval of the plan by the Borough Council, a permit will be granted.
B.
Not parallel to property line. Application for a permit for the installation
of a house connection for water, sewer or any other purpose where
the excavation does not run parallel to the property line of the road
or street shall, upon compliance with the requirements, and subject
to the conditions hereafter mentioned, be granted a permit. Application
for a permit for the installation of water connections that require
the excavation or removal of the surface pavement shall be made at
the Construction Code Department. Upon approval of the plan by the
Borough Council, a permit will be granted.
C.
All other applications. Application for all other street openings
requiring the excavation or removal of the surface pavement, and not
provided for hereinbefore, shall be made to the Construction Code
Department. The Construction Code Department shall issue a permit
to the applicant when it determines that i) the necessary documents
are acceptable in form and substance, ii) the applicant has paid the
review and inspection fee, iii) the applicant has posted sufficient
security, iv) the applicant has satisfied all other requirements applicable
to the issuance of permits in the Borough of North Arlington.
A.
The applicant shall pay an application review and site inspection
fee of $200.
B.
In addition to the review and inspection fee, the amount of all required
payments hereafter mentioned shall be deposited, either in cash or
certified check, with the Construction Code Department, before a permit
will be granted, and the amount thus collected shall be used by the
Borough of North Arlington in payment for the inspection and proper
repairs and restoration of the surface pavements, and no rebate will
be made. The permittee shall be liable and responsible for the care
and maintenance of any opening under the permit granted until the
pavement has been permanently repaired and restored. In the determination
of the actual square yards of pavement to be removed, repaired and
restored, an additional width of eight inches beyond the limits of
the trench shall be included, except under unusual conditions when
a greater width will be used, as determined by the contemplated construction.
A.
Bituminous concrete surface pavements on concrete base and reinforced
concrete pavements: $8 per square yard, but not less than $75.
B.
Bituminous pavements on stone base:, $7.50 per square yard, but not
less than $50.
C.
Earth shoulder opening: $5 per square yard, but not less than: $5.
The foregoing schedule of charges may be increased or decreased
from time to time by ordinance of the Borough Council to correspond
to the increase or decrease of costs occasioned by fluctuation in
the price of labor or material.
A.
Indemnification. Every permittee, as a condition of accepting any
permit issued hereunder, shall save and hold harmless the Borough
of North Arlington and indemnify the Borough of North Arlington, its
officials, agents, servants and employees for and against any and
all loss, damage, claim, expense or demand whatsoever arising out
of or resulting from the opening or excavation of any street and the
issuance of a permit therefor as provided in this section.
B.
Notice of failure to make progress. If the permittee, in installing
the permanent pavement, shall fail to make progress satisfactory to
the Superintendent of the Department of Public Works, the Borough
may give written notice of such failure to the permittee. If, within
20 days after the receipt of such notice, the permittee shall fail
to make progress at a rate satisfactory to the Superintendent of the
Department of Public Works, the Borough shall have the right to complete
the installation of such pavement, in which event the permittee shall
be charged for the cost thereof at the rate the Borough is billed
by the contractor who performs the work, or at the rate it costs the
Borough to perform such work itself, which charges shall be billed
after the receipt of the bill therefor.
A.
The applicant shall post security to ensure the complete restoration
of the street or roadway in an amount equal to 120% of the estimated
cost of the proposed work, including the complete restoration of the
street or roadway as determined by either the Superintendent of the
Department of Public Works or his/her designated representative, which
estimate may exceed that submitted by the applicant's engineer
or architect. The applicant shall post this security by either i)
posting a bond in such amount or ii) depositing cash in such amount
in the Borough's escrow account maintained by the Chief Financial
Officer. There shall be filed with the posted security a written consent
that, if the restoration work is not completed by the date specified,
the Borough may retain a private contractor to perform the restoration
work and draw upon the security to pay the contractor. Security shall
be returned upon final inspection.
B.
Bond in lieu of security deposit. Any public utility subject to regulations
of the Board of Public Utility Commission of this state, in lieu of
security deposit as required above, may execute a bond in the penal
sum of $10,000 to the Borough of North Arlington and file same with
the Construction Code Department. In the event of any emergency, a
public utility may make necessary street openings and repairs prior
to obtaining a permit, provided a permit shall be obtained by it within
48 hours after the opening is made; and provided further that the
public utility shall file with the Construction Code Department its
bond in the sum of $10,000 conditioned upon the payment of all permit
fees due from it to the Borough.
A.
Applications for permits required to be issued under the provisions
of this section shall be accompanied by evidence of insurance against
general liability with limits of at least $1,000,000 per person and
$2,000,000 per accident. The insurance policy shall include the Borough
as an additional named insured and the certificate shall be attached
to the application and filed therewith.
B.
In the alternative, an applicant may deposit with the Borough a policy
evidencing the issuance of the insurance referred to in the foregoing
subsection. The policy may be for a stated period of time and shall
name the Borough as an additional insured. If the policy is so deposited,
it will not be necessary for the applicant to submit proof of insurance
with each application for a permit.
C.
In lieu of evidence of insurance, a public utility applicant for
a permit may file with the Borough a copy of a self-insurance certificate
issued by the Security-Responsibility Bureau of the Department of
Law and Public Safety, New Jersey Motor Vehicle Commission, of the
State of New Jersey pursuant to N.J.S.A. 39:6-52.
D.
A public utility shall, in addition to filing a self-insurer certificate,
file with the Borough its bond in the sum of $100,000 containing the
condition that it shall defend at its own expense any suit brought
against the Borough and that it shall to indemnify and save harmless
the Borough from and against any and all loss, costs, damages or judgment
incurred by reason of any damage to any property, injury to any person,
or any loss of life resulting from any alleged negligence of the permittee,
his agents, employees or contractors in performing the work covered
by the permit.
A.
Proper notice.
(1)
Permittees shall notify the Police Department, the Fire Department
and the Construction Code Department of the construction and street
operations that require street closing permits at least 24 hours in
advance of the commencement of nonemergency work.
(2)
All permittees shall comply with the specifications of the New
Jersey Department of Transportation (NJDOT).
B.
Breaking existing pavement. Precutting of pavement wearing course
and base shall be required for pavement removal. The use of a "Ram
Hoe" or truck-mounted pavement breaker is not permitted, unless otherwise
authorized. Only hand held tools may be used for this purpose. This
applies to all streets at all times. The permittee shall be responsible
for keeping the construction area as clean and neat as possible during
the permit life. No material shall restrict water flow in gutters.
All possible arrangements for the safety of the general public shall
be maintained. Every effort shall be made to keep the pavement opening
dimensions to an absolute minimum.
C.
Excavation.
(1)
Sheeting and bracing. The sides of every open excavation five
feet or more in depth shall be securely held by adequate timber, sheeting
and bracing where the earth is not sloped to the angle of repose of
the material, and where unsafe conditions are created due to composition
of the soil, climatic conditions, depth of excavation or construction
operations.
(2)
Tunneling or jacking.
(a)
Tunneling or jacking. No person shall make any installation
or repair between two or more street openings by means of tunneling
or jacking, without a permit.
(b)
Tunneling or jacking may be permitted for the installation or
replacement of a lateral connection, provided the opening does not
exceed eight inches in diameter. Full trenching shall be required
for all waste line repair/connections.
(c)
Tunneling will not be permitted under any circumstances and
shall be an unlawful exercise of the privileges under any such permit
and a violation hereof, unless special permission has been granted
in writing at the issuance of the permit.
(3)
Traffic and maintenance.
(a)
No more than one lane of traffic may be obstructed, except as
provided by the Police Department stipulation or as otherwise authorized
by the Mayor and Council.
(b)
It shall be the duty of the permittee to properly guard the
excavation by the execution of suitable barriers by day and lights
by night and permittee shall be liable for any neglect to safeguard
the traveling public.
(c)
All unattended street openings or excavations in a driving lane,
including intersections, shall be plated. In the case of gas or steam
leak, barricades in accordance with the Federal Manual on Uniform
Traffic Control Devices shall be used until the leak is corrected.
(d)
Barricades, signs, lights and other approved safety devices
shall be displayed in accordance with the Federal Manual on Uniform
Traffic Control Devices.
(e)
The permit may restrict street operations and construction within
the critical areas to nights, weekends or off-traffic hours.
(f)
Flagpersons. Permittees whose work results in the closing of
a moving traffic lane, which requires traffic to be diverted to another
lane, shall, at all times when actively working at the site, post
a flagperson or utilize an authorized plan for the maintenance and
protection of traffic at the point where traffic is diverted to assist
motorists and pedestrians to proceed around the obstructed lane.
D.
Temporary closing of sidewalks. A minimum four feet sidewalk width
of unobstructed pedestrian passageway shall be maintained at all times.
Where openings and excavations do not allow for four feet of unobstructed
pedestrian passageway, a temporary sidewalk closing plan must be submitted
to the Police Department and approved.
E.
Work site maintenance.
(1)
All excavated material shall be either removed from the site
or stockpiled at a designated curb, properly barricaded in accordance
with the Federal Manual on Uniform Traffic Control Devices and stored
to keep gutters clear and unobstructed.
(2)
All obstructions on the street shall be protected by barricades,
fencing or railing, with flags, lights or signs in accordance with
the Federal Manual on Uniform Traffic Control Devices which shall
be placed at proper intervals and during the hours prescribed. During
twilight hours, the flags shall be replaced with amber lights.
F.
Storage of materials.
(1)
A street opening permit does not include permission to store
construction materials in a designated area adjacent to the permitted
work site.
(2)
No separate permit shall be required for the storage of equipment,
excluding cranes, in a designated area in compliance with any applicable
stipulations on the permit.
(3)
Application for permits to store construction materials shall be made at the office of the Construction Code Department and may be made either in conjunction with the application for permit for road opening or excavation or separately. Permits for storage of material shall be granted to the applicant upon furnishing satisfactory evidence of the necessity for such storage and upon compliance with the requirements and subject to the conditions in Subsection F(4) below.
(4)
The permit shall be granted upon condition that:
(a)
The applicant shall properly guard the material stored by erecting
suitable barriers, maintaining warning signs and lights to safeguard
the traveling public, and at all times leave carriageway of at least
18 feet between the material, and shall also make provision so that
the flow of water along the street may be unobstructed; and
(b)
The space occupied by the storage of material shall be no more
than is necessary for the applicant's needs, or for a longer
time than is necessary to enable him to complete the purpose for which
the permit is granted, and in no case shall the permit be considered
as giving the applicant any right to store material upon the street
in front of property other than that belonging to or leased by the
applicant; and
(c)
The permit shall state the time period for which the applicant
may store materials, and any right under the permit shall not extend
beyond the period of such time; and
(d)
The applicant shall pay to the Borough as an inspection charge
upon receiving such permit $75 for the first 15 days and $200 per
month or portion of month thereafter.
(5)
The designated storage area(s) are subject to review and approval
by the Department of Public Works and the Police Department.
G.
Backfill and compaction.
(1)
Upon completion of repairs in a street, permittees shall backfill
street openings and excavations in a manner in accordance with the
specifications. All materials used for backfill shall be free from
bricks, blocks, excavated pavement materials and/or organic material
or other debris.
(2)
Backfill material shall be deposited in horizontal layers not
exceeding 12 inches in thickness prior to compaction. A minimum of
95% of standard proctor maximum density will be required after compaction.
(3)
When placing fill or backfill around pipes, layers shall be
deposited to progressively bury the pipe to equal depths on both sides.
Backfill immediately adjacent to pipes and conduits shall not contain
particles larger than three inches in diameter.
(4)
Compaction shall be attained by the use of impact rammers, plate
or small drum vibrators, or pneumatic button head compaction equipment.
Hand tamping shall not be permitted except in the immediate area of
the underground facility, where it shall be lightly hand tamped with
as many strokes as required to achieve maximum density. The definition
of the "immediate area" shall be a maximum of 18 inches from the facility.
(5)
Where sheeting has been used for the excavation, it shall be
pulled when the excavation has been filled or backfilled to the maximum
unsupported depth allowed by the New Jersey Department of Transportation
guidelines.
(6)
As a measure of maximum density achieved for temporary restoration,
the pavement surface shall not sink more than two inches from the
surrounding existing surface during the life of the temporary restoration.
More than two inches of settlement shall be deemed a failure of the
compaction of the backfill and cause the removal of said backfill
to the subsurface facility and new fill installed and properly compacted.
(7)
The permittee shall be required to furnish the Department of
Public Works with copies of in-process compaction reports certified
by a professional engineer as to the compliance with the requirement
of the aforementioned backfill requirements. This certified compaction
report shall be submitted along with the cut form for every tenth
street opening permit issued to the permittee or as directed by the
Superintendent of the Department of Public Works.
H.
Temporary asphaltic pavement.
(1)
Immediately upon completion of the compaction of the backfill
of any street opening, the permittee shall install temporary pavement
of an acceptable stabilized asphalt paving mixture, course size 1.5
to two inches, not less than four inches in thickness after compaction,
flush with the adjacent surfaces.
(2)
The permittee has the option of installing full depth pavement
using an acceptable asphalt paving mixture immediately upon completion
of the compaction of the backfill excluding reconstructed protected
streets and full-depth concreted roadways.
(3)
Upon the expiration of the permit, all equipment, construction
materials and debris shall be removed from the site, unless otherwise
stipulated.
(4)
When final restoration is to be done, the materials are to be
removed with hand tools to a depth necessary to accomplish the final
restoration.
I.
Plating and decking.
(1)
All plating and decking installed by the permittee shall be
made safe for vehicles and/or pedestrians and shall be adequate to
carry the load.
(2)
The size of the plate or decking shall be large enough to span
the opening, be firmly placed to prevent rocking and shall overlap
the edges of trenches and openings and be sufficiently ramped to provide
smooth riding and a safe condition.
(3)
All plating and decking shall be fastened by splicing, countersinking
or otherwise protected to prevent movement.
(4)
Where deflections are more than 3/4 inch, heavier sections of
plates or decking or intermediate supports shall be installed.
(5)
All permittees who install plating and decking during the winter
months shall either post signs at the site indicating "steel plates
ahead - raise plow" or shall countersink said plates flush to the
level of the roadway. All signs shall be of the size and type specified
in the Federal Manual on Uniform Traffic Control Devices. These signs
shall be placed on the sidewalk, adjacent to the curb, facing vehicle
traffic five feet prior to the plates. On two-way streets, signs shall
be placed on both sides of the street five feet prior to the plates.
(6)
All plating and decking shall have a skid-resistant surface
equal to or greater than the adjacent existing street or roadway surface.
J.
Base.
(1)
Concrete and asphalt base material shall conform to specifications.
(2)
Concrete for base shall be plated in a driving lane and intersections
or barricaded in accordance with the Federal Manual on Uniform Traffic
Control Devices in a parking lane for a minimum of three days to permit
proper cure of concrete, unless otherwise specified.
(3)
Hot asphalt binder materials may be used in place of concrete
for nonprotected and/or resurfaced streets at a thickness ratio of
1 1/2 inch of asphalt for every inch of concrete.
(4)
The concrete base shall be restored at the same grade as the
existing base.
(5)
At no time will asphalt other than binder be permitted as a
base course. Conduit or pipes shall be installed at a minimum depth
of 18 inches from the surface of the roadway, or below the base, whichever
is greater. Where conduits and pipes cannot be installed at the required
minimum depth, protective plating shall be installed over the facilities
upon written request from the permittee and receipt of written approval
by the Borough Engineer.
K.
Wearing course.
(1)
Wearing course material shall conform to the New Jersey Department
of Transportation (NJDOT) specifications.
(2)
The finished grade of the wearing course shall be flush with
surrounding pavement on all sides of the cut; the restored wearing
course shall extend for a distance of six inches beyond the edge of
the base course.
(3)
The minimum thickness of the wearing course on full depth asphalt
restoration shall be a minimum of two inches.
(4)
When more than one roadway opening is made against a single
permit and the openings are less than three feet apart and the openings
are machine excavated, the existing wearing course between such openings
shall be restored integrally with the opening wearing course restoration,
in accordance with the Borough's standard detail.
(5)
When openings are made by digging with hand tools or handheld
pneumatic tools, the existing wearing course between such openings
need not be replaced.
(6)
When a street opening is 12 inches or less from the curb, the
entire pavement between the opening and curb shall be excavated and
replaced in kind, in accordance with the current Borough's standard
detail. The pavement base shall be inspected and repaired where necessary
and a new wearing course shall be installed from the curb to the street
opening. The areas described above shall be included in the permittee's
guarantee.
(7)
Whenever any street is excavated, the permittee shall restore
such street in kind as to material type, color, finish or distinctive
design.
(8)
The wearing course shall be properly sealed completely at the
edges of the cut with liquid asphaltic cement ironed in with a heated
smoothing iron or by means of infrared treatment to prevent water
seepage into the pavement.
(9)
Any roadway pavement markings, including but not limited to,
crosswalks and lane lines, and any parking or regulatory signs or
supports shall be replaced in kind in accordance with the Manual on
Uniform Traffic Control Devices.
(10)
Final (permanent) restorations shall be completed within 10
working days of the expiration of the permit.
L.
Quality control program requirement for roadways.
(1)
All permittees engaged in street openings shall complete the
work so as to provide smooth riding surfaces throughout the guarantee
period on their respective restorations.
(2)
A documented quality history of restoration shall be maintained
by the responsible permittee. This information should show that inspections
are made at some optimum intervals to assure conformance to the guarantee.
(3)
Quality Control Program information shall be made available
to the Borough upon request.
(4)
The use of experimental methods or materials may be authorized
under selective conditions, upon application to the Borough for approval
prior to use on the Borough's streets.
(5)
Any permittee may file a proposed Quality Control Program with
the Borough for approval. The Borough's Engineer may waive any
of the foregoing specification requirements as part of an approved
program of Quality Control. Any waiver so granted shall remain in
effect as long as the approved program is implemented in a manner
satisfactory to the Borough Engineer.
M.
Other requirements.
(1)
Street opening location form.
(a)
Permittees shall maintain a street opening location form ("cut
form") at their office and shall provide this form to the Borough
upon request. Such cut form shall include the following information:
[1]
A sketch showing the exact dimensions and location
of the restored area, and a description of the opening or trench defined
by distance in feet from the nearest intersection and from the nearest
curbline;
[2]
The street opening permit number;
[3]
The date of completion of the final restoration;
[4]
The name of the final pavement restoration contractor;
and
[5]
A compaction report certified by a licensed professional
engineer, when applicable.
(b)
Failure to submit a cut form upon request may jeopardize future
permit requests and may subject permittees to summonses.
[1]
Guarantee period. Permittees shall be responsible
for permanent restoration and maintenance of street openings and excavations
for a period of three years on unprotected streets, and up to five
years on protected streets commencing on the restoration completion
date. This period shall be the guarantee period.
[2]
Permittees shall comply with all applicable sections
of this article, the specifications, and all other applicable laws
or rules.
[3]
The Borough Engineer can require the use of infrared
technology for smoothing out the repaired or restored surface.
[4]
Any street opening in connection with the installation
of telecommunication equipment that is not confined to within eight
feet of the curbline, including the required cut back, on any street,
regardless of status — protected or unprotected — or where
located within the Borough, and/or within any sidewalk area within
the Borough, shall require full curb-to-curb roadway restoration under
all circumstances.
[5]
In the event that two or more unconnected road
openings are requested and dug only 10 feet or less apart, the restoration
requirements shall include the milling and paving of a continuous
area including the undisturbed area between the trenches.
No street opening activity shall be allowed, except for emergency
work or as authorized by the Borough Council, in an area that will
disrupt or impact in any way streetscape improvements, unless permittee,
in addition to satisfying all other requirements of this article,
shall satisfy the following requirements before a permit shall issue.
A.
Permit issuance. Applicants for an excavation and street opening
permit in a streetscape improvement area shall submit the following
documents to the Construction Code Enforcement Department;
(1)
Plans, at proper scale, illustrating the proposed work;
(2)
Photographs of the streetscape improvements which will be impacted
by the proposed work and the areas immediately adjacent thereto (collectively,
the "streetscape area") as it exists at the time of the application
for the permit;
(3)
A utility markout within the streetscape area;
(4)
A written agreement to completely restore the streetscape area
within a specified number of calendar days after the first disruption
thereof to the condition it was in at the time it was first completed.
The selected period of time is subject to the approval of a representative
of the Construction Code Enforcement Department;
(5)
Specifications, matching those used to construct the streetscape
improvements in the first place, for the complete restoration of any
and all bituminous paving, concrete sidewalks, concrete curbs, brick
pavers, bollards, light poles, benches, trash receptacles, planters,
sign posts and all other aspects of the streetscape improvements that
may be disrupted or impacted in any way by such work;
(6)
An itemized and detailed estimate of the cost of the proposed
work, including the cost of the complete restoration of the streetscape
area, prepared by the applicant's architect or engineer;
(7)
A written agreement to submit photographs of the streetscape
area once the Construction Code Enforcement representative has approved
the complete restoration of the streetscape area.
A.
No street opening activity shall be allowed, except for emergency
work or as authorized by the Borough Council, in a protected street
for a period of 10 years from the completion of the street improvement.
A protected street shall be defined as a street segment or intersection
that has been resurfaced or reconstructed by the Borough. The Borough
Engineer shall, once a year, or as often as may be appropriate, provide
to public utility providers and the general public notice of planned
work on municipal roads, advising that any work requiring excavation
or disruption of pavement within or about those roads will have to
be completed prior to the Borough paving project. Such notice shall
state that no road opening permits shall be issued for openings, cuts
or excavations in newly paved roads for a period of 10 years from
the completion of the paving project. The notice shall also provide
that applications for road opening permits for work to be done prior
to the Borough paving project shall be submitted promptly in order
that the work covered by the permit may be completed before paving.
B.
Notice to public utility providers shall be by certified mail. Notice
to the public shall be provided by publication in an official newspaper
designated by the Borough Council.
(1)
Permit issuance.
(a)
No permit to use or open any street, except for emergency work,
shall be issued to any person within a ten-year period after the completion
of the construction of a capital project relating to such street requiring
resurfacing or reconstruction, unless such person demonstrates that
the need for the work could not have reasonably been anticipated prior
to or during such construction.
(b)
Notwithstanding the foregoing provisions, the Borough Council
may authorize the issuance of a permit to open a street within such
ten-year period upon a finding of necessity therefor.
(2)
Conditions. Permittees shall be responsible to contact the Borough
Engineer and Department of Public Works to determine whether a street
is scheduled to be rebuilt under a street reconstruction project.
(3)
Application.
(a)
Permittees shall include on the application the justification
for any street opening activities on protected streets.
(b)
Prior to obtaining the permit, the permittee shall attach to
the permit application any additional forms as required by the Construction
Code Department related to protected streets.
(4)
Restorations.
(a)
No backfill of any opening or excavation on a protected street
shall be performed unless the permittee notifies the Department of
Public Works at least two hours prior to the scheduled start time
for the backfill. In no case shall the permittee commence the backfill
prior to the scheduled start time. For the base and wearing course,
the permittee shall fax its daily paving schedule to the Department
of Public Works prior to commencing work. In addition, during the
backfill and compaction phase of the work, permittees must provide,
on-site, a certified compaction tester from an approved laboratory
or a licensed certified tester to test that the compaction of the
backfills is in accordance with the Department of Public Work's
rules and specifications.
(b)
The Department of Public Works may inspect any phase of the
work, including but not limited to initial excavation, backfill and
compaction, performance of required cutbacks, and final restoration.
(c)
A certification issued by a New Jersey licensed professional
engineer shall be provided to the Borough Engineer within 30 days
of completion of work on protected streets. The certification shall
state that the type of work performed was as described in the permit
application, and that all phases of the restoration were performed
in accordance with the Borough rules and specifications.
(d)
Permittees shall be responsible for the proper repair of the
street opening or excavation for a period of three years from the
date of completion or for the duration of the protected street guarantee
period, whichever is longer.
(e)
Where street openings cannot be confined to within four feet
of the curbline, including the required cutback, and/or within the
sidewalk area, full curb-to-curb roadway restoration shall be required
where protected street status has been in effect for 24 months or
less, unless otherwise directed by the Borough Council.
(f)
In the event a permanent restoration pavement installed in violation of the provisions of Subsection B(4)(a) settles more than two inches below the surrounding existing surface during the life of such permanent restoration, this shall be deemed a failure of the backfill compaction, in which case, the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill and the final finish should be infrared for a smooth trench.
A.
Permit requirements.
(1)
No person shall perform emergency work without obtaining an
emergency number from the North Arlington Police Department. Permittees
shall fax the emergency street opening permit request form to the
Police Department's Dispatcher to obtain an emergency permit
number.
(2)
An emergency permit number may be requested only for emergency
work performed on existing services.
B.
Conditions.
(1)
A permittee shall begin emergency work within two hours after
obtaining an emergency permit number.
(2)
A permittee shall perform emergency work on an around-the-clock
basis until the emergency is eliminated. Once the emergency is eliminated
on a critical roadway, the permittee shall suspend work, restore the
full width of the roadway and resume work, if necessary, during nights,
weekends or off-traffic hours. Such resumption of work shall only
be undertaken within the forty-eight-hour duration of the emergency
permit number. A permittee working with an emergency number on a roadway
other than a critical roadway may suspend or resume work at any time
within the forty-eight-hour period covered by the emergency number.
(3)
No more than one lane of traffic may be obstructed, however,
if an emergency street opening is larger than eight feet by 10 feet,
permittee may occupy up to a maximum of 12 feet on one side of the
opening and maximum of six feet on the other side.
(4)
All unattended street openings or excavations in a driving lane,
including intersections, shall be plated, except as otherwise directed
by the Borough Engineer. The Borough Engineer may require all street
openings and excavations at any location to be plated when no work
is in progress. In the case of gas or steam leaks, barricades in accordance
with the Federal Manual on Uniform Traffic Control Devices shall be
used until the leak is corrected.
(5)
Barricades, signs, lights and other approved safety devices
shall be displayed in accordance with the Federal Manual on Uniform
Traffic Control Devices.
(6)
A minimum of four feet sidewalk width of unobstructed pedestrian
passageway shall be provided and pedestrians shall be directed by
signs to the opposite sidewalk.
(7)
No private vehicles shall be kept within the work area.
(8)
Emergency permit numbers shall be kept on site and shall be
presented upon the request of any police officer or other authorized
Borough employee. Any additional information regarding the emergency
work that is requested at the site by a Department of Public Works
inspector shall be provided by the permittee and/or the persons performing
such work.
(9)
Flagpersons. Permittees whose work results in the closing of
a moving traffic lane, which requires traffic to be diverted to another
lane, shall, at all times during which the permittee is actively working
at the site, post a flagperson or utilize an authorized plan for the
maintenance and protection of traffic at the point where traffic is
diverted to assist motorists and pedestrians to proceed around the
obstructed lane.
C.
Application. When applying for an emergency permit number by fax,
a permittee shall submit all information required by the Construction
Code Department. This information includes, but is not limited to,
the following:
A.
No permit shall issue for work on a newly constructed street, which street shall have been constructed after the passage of this article, for a period of 10 years from the date of acceptance of such construction, except in cases of emergency as described in § 319-11.4.
A.
Any person who shall violate any of the provisions of this article,
or take part in or assist in any violation, or who shall violate or
fail to comply with any order or regulation made under the provisions
of this article, or shall make any excavation or store any material
within the line of any municipally controlled road or street in the
Borough of North Arlington, except as allowed by permit under the
provisions of this article, shall severally for each and every such
violation or noncompliance, respectively, not otherwise provided for,
be liable for the penalty stated in the North Arlington ordinances.
B.
Should any person firm or corporation in violating any of the provisions
of this article, after notice of such violation, continue such violation,
each 24 hours that the same shall be continued shall be construed
to constitute a separate and distinct violation.
