Borough of River Edge, NJ Article III Street Excavations

[Adopted 12-13-2021 by Ord. No. 21-33[1]]

[1] Editor's Note: This ordinance superseded former Art. III, Street Excavations, adopted 10-13-2020 by Ord. No. 20-18. Prior history includes an ordinance adopted 12-31-1975 as § 11-1 of the 1975 Code, as amended.

§ 362-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BLOCK PAVEMENT

A street having a granite, wooden or stone substance in block form.

CONCRETE PAVEMENT

Any pavement having a concrete surface.

DEPARTMENT

Except where otherwise required by the context, shall mean the Public Works Manager.

HISTORICAL STREET

Any street within the Borough of River Edge designated in Chapter 240.

PERMANENT PAVEMENT

A street having an asphalt Topeka surface on a stone base.

SEMIPERMANENT

A street having macadam or a penetration surface.

UNIMPROVED STREET

Any street having a dirt or cinder surface.

§ 362-12 Permit required.

No person shall remove, obstruct, excavate, dig up or in any way disturb the surface of any street, road, avenue or public place within the Borough, or any gutter or pavement thereon, for any purpose, without obtaining a written permit from the Borough Clerk. In the event of the Clerk's absence, such permit can be issued by the Deputy Clerk and/or Borough Administrator. A street shall be defined as set forth in § 362-11. No person shall make an excavation in, or tunnel under, any street without the necessity of the issuance of a permit. Where an emergency has arisen which makes it necessary to commence work immediately, provided that the application for a permit is filed with the responsible municipal official no later than the commencement of work together with an estimate of fees required and estimated performance guarantee, provided further that such procedure may be delayed until the next business day succeeding the commencement of work where the emergency arises subsequent to the departure for the day of the responsible municipal official, the permit, when issued, shall be retroactive to the date on which the work has begun.

§ 362-13 Application; fees.

A. Application. All permits granted under § 362-12 shall be done by completing Borough of River Edge street opening application. The permit shall specify the full name of the person to whom it is granted and the place or places at which the work is to be done, the character of the work and the time within which it is to be completed. No such permit shall be valid except for the place, time and character of the work specified therein. No permits shall be granted to dig up or excavate any street, road, avenue or public place until there shall have been paid to the Borough Clerk a fee as hereinafter provided. The fee shall become the property of the Borough to be used for the repairing and maintenance of the surface of the trench or opening until it has been properly filled. The fee shall also be for the use of the Borough for preparing and recording every permit and inspecting the street when the work is completed.

B. Fees shall be paid simultaneously with the submission of the permit application. Applicants for residential and commercial properties shall be charged a nonrefundable permit fee of $500 for each opening permit, or such higher fee as is set forth in Chapter 206. Utilities are exempt from this application fee.

§ 362-14 Rules and regulations.

All permits issued under this section shall be subject to the following rules and regulations:

A. All excavations shall be kept properly barricaded by the permittee at all times. No excavation work area shall be open overnight. This regulation shall not excuse the permittee from taking any other reasonably necessary precaution for the protection of persons or property.

B. All work shall be done in such a manner as to cause a minimum of disruption to the community at large.

C. No work shall be done in such a manner as to interfere with any water main or sewer line, or any connection with either of the same, from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Borough Engineer. No work shall be carried on in such a manner as to result in destruction or damage of any property of the Borough unless this is necessary for completion of the work and permission has been obtained in advance from the Borough department or agency having jurisdiction over such property.

D. Pavement shall be cut with mechanical pavement cutters, saws or other like tools. The edges of the opening shall be kept as square and clean cut as possible. The paved roadway surfaces shall be cut vertically on a straight line at least 12 inches beyond the outer limits of the trench before excavating to avoid undermining the adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface and in such a manner and to such depth and width as will give suitable room for bracing and supporting, pumping and drainage at the permittee's discretion.

E. All applications for excavations exceeding four feet in depth shall be accompanied by engineering documents showing how the excavation will be supported from side wall collapse and how adjacent property and structures shall be protected.

F. No trench may be backfilled until such time as the Director of Public Works, Borough Engineer or their designee has inspected the subterranean installations and approved same.

G. All excavations shall be completely backfilled at the end of each working day by the permittee. As much as possible of suitable material excavated modified proctor density.[1] Consolidation will not be acceptable as a method to achieve the soil densities specified. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Director of Public Works, Borough Engineer or their designee determines that any backfilled excavation has settled or caved in, he shall so notify the permittee, who shall promptly continue backfilling until the Director of Public Works, Borough Engineer or their designee determines that settlement is complete.

[1] Editor's Note: So in original.

H. All required utility mark outs, including the Borough if necessary, should be done in a timely fashion, specifically before excavation takes place.

I. It is the responsibility of the permittee to ensure traffic safety arrangements have been arranged with the River Edge Police Department.

J. A permit shall be valid for 60 calendar days to open and restore the street, in accordance with § 362-17. If the work is not completed during that time frame, a new permit will be required to obtained in accordance with all the terms and conditions of this chapter.

§ 362-15 Bonds.

No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Director. The Director may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:

A. Bond amounts per application as follows: residential, $1,500; commercial, $2,500; exception: historical streets (Lincoln Avenue, Webb Avenue), $3,600.

B. A public utility company, in lieu of giving a separate bond for each project, may (annually, once) in January of each year post a bond for each project in the amount (see below) sufficient to encompass the estimated work performed by said utility during the ensuing calendar year. In the event that the actual street opening work exceeds the posted bond amount, additional bonds and/or cash security will be required.

Utility Yearly Bond Amounts:
Gas, Electric, Water	$50,000
Cable, Telephone	$25,000
All Others	$25,000

C. To indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.

D. To indemnify the Borough for any expense incurred in enforcing any of the provisions of this article.

E. To indemnify any person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.

F. The bond shall also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Public Works Manager.

G. One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Director of Public Works.

§ 362-16 Insurance.

A. Contractor. No permit shall be issued until the contractor has furnished the Director of Public Works with satisfactory proof that contractor is insured against injury to persons and damage to property caused by any act or omission of the contractor, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The contractor shall carry the following coverages:

(1) Commercial general liability insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the insurance policy shall be a combined single limit of $1,000,000 for injury to any one person, for injuries to more than one person in the same accident and for property damage for a single incident. Contractual liability must be included on all certificates of insurance as well as evidence of XCU (explosion, collapse, and underground) coverage.

(2) Business auto liability insurance with limits of $1,000,000 per accident combined with single limit for bodily injury and property damage.

(3) Workers' compensation insurance in accordance with the statutes of the State of New Jersey. Under Coverage A, Workers' Compensation, such coverage will be statutory. Under Coverage B, Employer's Liability, coverage will be no less than $1,000,000 each accident, $1,000,000 each employee, $1,000,000 policy limit. If any contractor operates as a sole proprietor, partnership, limited liability partnership (LLP), or limited liability company (LLC), the certificate of insurance shall state when applicable that the self-employed persons, partners, partners of the LLP or members of the LLC have elected to be deemed employees of the business and therefore covered under the policy.

(4) Umbrella/excess liability insurance policy with limits of at least $2,000,000 per occurrence. No umbrella/excess liability insurance policy shall be more restrictive than the coverage provided for under the above-described primary policies.

(5) Indemnification and hold harmless. The contractor hereby agrees to release, indemnify and hold harmless the Borough of River Edge, including their employees, officers, agents and officials, from and against any loss, damage, liability, judgment or demand, including attorney fees and defense costs which arise out of injuries to persons, including death, or damage to property caused by that party, his employees, agents, subcontractors or any other person or persons. The contractor expressly represents and warrants that he has complied with all the requirements concerning insurance and contractual indemnification.

B. The contractor is required to carry as a minimum the coverage described above. The contractor is also required to verify that all of subcontractors carry the coverages listed in the minimum limits shown, and to obtain certificates of insurance from all such subcontractors verifying the existence of coverage. The contractor shall submit to the Borough of River Edge prior to the start of any work a certificate of insurance specifically naming the Borough of River Edge as additional insured on all liability policies, including general liability, commercial automobile liability and umbrella/excess liability coverage, including bodily injury and property damage, with the minimum limits of liability set forth herein. The governing body of the Borough of River Edge reserves the right to waive any requirement at its discretion by passage of a resolution.

C. The following requirements shall pertain to every resident/applicant for a street opening permit:

(1) Every application for a street opening permit must be accompanied by a certificate of insurance demonstrating that the applicant possesses personal liability insurance, including bodily injury and property damage with minimum limits of liability of not less than $500,000 under a homeowners' or similar policy. Said insurance shall be maintained by the permittee during the period of construction. Utility companies may file an annual certificate showing proof of coverage.

(2) The resident/applicant hereby agrees to release, indemnify and hold harmless the Borough of River Edge, including their employees, officers, agents and officials, from and against any loss, damage, liability, judgment or demand, including attorney fees and defense costs which arise out of injuries to persons, including death, or damage to property caused by that party, his employees, agents, subcontractors or any other person or persons or employees in conjunction with the work authorized by said street opening permit.

§ 362-17 Restoration of surface required.

Restoration of the various roadway surfaces shall be in accordance with the following rules and regulations.

A. Bituminous concrete roads:

(1) Following compaction, the permittee shall install no less than six inches of virgin dense graded aggregate followed by eight inches of bituminous stabilized base course to the trench. If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate followed by eight inches of bituminous stabilized base course in the entire area (See Detail-A, Detail-B, Detail-C, Detail-D and Detail-E[1]).

[1] Editor's Note: Said detail illustrations are on file in the Borough offices.

(2) The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days (period of settlement). The Borough has the responsibility to inspect the trench at any time during the settlement period or after at its sole discretion. If the trench becomes unacceptable, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 15 business days.

(3) Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in this article and install no less than two inches of fine aggregate bituminous concrete (FABC) 9.5 HMA 64 surface course. The permittee shall also be required to provide a tack coat on all existing bituminous concrete surfaces and a hot-poured, rubber asphalt joint sealer per Section 914 of NJDOT Standard Specifications for Roads and Bridges.

(4) All longitudinal excavations shall require milling and restoration of the excavation work area extending from the curb to curb of the road and/or a minimum of one foot beyond the outer edges of the excavation. Individual excavations less than 120 square feet shall be restored via the "infrared" method. If square excavations are located within 50 feet on center, full curb-to-curb restoration for the entire distance between excavations shall be required (See Detail-C, Detail-D and Detail-E[2]).

[2] Editor's Note: Said detail illustrations are on file in the Borough offices.

(5) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line stripping, trees, etc., that are affected by the excavation and restoration work.

(6) With written approval from the Borough Engineer, the center line of road milling and restoration may be offset by the distance necessary to avoid disturbing the existing line striping or markers.

B. Concrete roads:

(1) Following compaction, the permittee shall install no less than six inches of virgin dense graded aggregate.

(2) The permittee shall install No. 4 longitudinal and transverse reinforcing bars (two rows spaced four inches apart). The permittee shall install No. 4 reinforcing bars (steel dowels; 18 inches long), which shall be set in predrilled holes in the existing concrete pavement spaced every two feet along the cut edge. Following approval by the Borough Engineer, the permittee shall then follow with eight inches of 5,000 psi concrete with polypropylene fibers at a mix of one pound per cubic yard, bringing the finished trench to grade. If concrete has been overlaid with asphalt, the same thickness of asphalt present (minimum two inches) shall be installed (See Detail-F and Detail-G[3]).

[3] Editor's Note: Said detail illustrations are on file in the Borough offices.

(3) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, trees, etc., that are affected by the excavation and restoration work.

C. Granite paver crosswalks and intersections:

(1) Following compaction, the permittee shall install no less than six inches of dense graded aggregate base course to the trench. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate base course in the entire area (See Detail-H[4]).

[4] Editor's Note: Said detail illustration is on file in the Borough offices.

(2) The permittee shall follow with matching brick pavers approved by the Borough Engineer, 2 1/4 inches thick on a 1 1/2-inch sand setting bed leaving a separation for swept-in sand. The subgrade will consist of 12 inches of virgin dense graded aggregate, along with Geogrid fabric for structural strength (See Detail-H[5]).

[5] Editor's Note: Said detail illustration is on file in the Borough offices.

(3) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work.

§ 362-18 Permit conditions and regulations.

A. Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.

B. Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended, in writing, by the Borough Clerk. In the event of the Clerk's absence, such permit can be issued by the Deputy Clerk and/or Borough Administrator.

C. Possession of permit. A copy of the permit, together with a copy of the plan, endorsed with the approval of the Director of Public Works, Borough Engineer or their designee, must be kept in possession of the person actually performing the work and shall be exhibited on demand to Director of Public Works, Borough Engineer or their designee, any duly authorized employee of the Department of Public Works or to any police officer of the Borough.

D. Revocation of permit. The Director of Public Works, Borough Engineer or their designee may revoke a permit for any of the following reasons:

(1) Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.

(2) Violation of any conditions of the permit issued.

(3) Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provisions of this Code to constitute a nuisance.

E. The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses, except that the initial hearing shall be before the Director of Public Works, Borough Engineer or their designee with a right of appeal to the Council; and the Director of Public Works, Borough Engineer or their designee may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.

F. Modification of permit conditions. In a special case, the Council may by resolution impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not apply or shall be altered.

G. There will be no street opening work permitted on Saturday or Sunday in accordance with this article unless it is an emergency.

§ 362-19 Power to make additional rules and regulations.

The Borough may make any rules and regulations which it considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provision of this article, or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they shall be approved by resolution of the Council. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit.

§ 362-20 Permit and fee for storing material.

It shall be unlawful for any person to store any material upon the right-of-way of any road or street in the Borough for the maintenance of which the Borough is responsible without first obtaining a storing permit. The charge for each storing permit shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk. The permit shall run for the time as so designated when issued by the Clerk. Each permit can be renewed upon application and a further payment as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk.

§ 362-21 Approvals required.

Any person, company, firm or corporation who has applied for and received approval before the Planning or Zoning Board of the Borough shall apply for the permit required under this article and shall pay the appropriate fee. Prior to granting approval to any applicant, the Planning or Zoning Board must consult with the Borough Engineer or his/her designee regarding any activity. Such work shall be performed under the authority of the Borough Engineer. Additional escrow fees necessary under this section shall be determined at time of permit application.

§ 362-21.1 Inspections.

No performance guarantees will be returned until such time as the Director of Public Works, Borough Engineer or their designee has satisfied himself that the permittee has complied with all of the requirements of this chapter relative to opening, backfilling and restoration of the street surface.

§ 362-21.2 Notice and inspections.

Forty-eight hours prior to the commencement of work, the permittee shall notify the Director of Public Works, Borough Engineer or their designee and request that an inspector be present to observe the excavation and restoration. The permittee shall also call for a utility mark-out prior to undertaking any excavating activity and supply the Dig Number to the Borough.

§ 362-21.3 Inspection fees.

At the time of submission of the permit application, there shall be a nonrefundable inspection fee of $500 for each opening permit (includes up to two inspections of a maximum duration of one hour each). Inspection fees are as follows: $150 per hour or such higher amount as may be set forth in Chapter 206, which shall be deposited with the Borough of River Edge to defray the cost of inspections.

§ 362-21.4 Maintenance procedures.

A performance bond will be released when final pavement restoration is approved by Director of Public Works, Borough Engineer or their designee. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. As such, the Borough shall retain as a cash retainage 50% of the cash repair deposit and/or performance guarantee during the two-year period. If an inspection reveals that the restored excavation area becomes unacceptable, the Director of Public Works, Borough Engineer or their designee shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair a trench within this time limit, the Borough will utilize the permittee's cash retainage and maintenance bond to pay for the cost of the repairs. Upon termination of the two-year maintenance period, any remaining portions of said maintenance bond that has not been expended shall be returned to the permittee without interest.

§ 362-21.5 Newly paved streets.

A. Notice of improvements: Before any street is improved or paved, the Borough shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. Such notice shall state that all connections and repairs to utilities in the street and all other work which requires excavation of the street, including the installation of sewer laterals and other utility connections from sewer, gas or water mains to the curb line of unimproved lots, shall be completed within 30 days of the receipt of notice. The time for the completion of work may be extended, in writing, by the Director of Public Works, Borough Engineer or their designee upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in this article, except that there will be no requirement of posting a performance guarantee for the street restoration. In the event an excavation must be made, the requirement for restoration of the surface, § 362-17, shall control with the addition of a curb-to-curb restoration and an extension of 10 feet past the excavation in each direction of the opening.

B. Restrictions on excavation.

(1) For a period of three years following the completion of the street improvements causing notice to be issued pursuant to this article, no person to whom such notice was given shall be issued a permit to excavate the newly improved street unless its issuance is approved by the Borough Engineer.

(2) Subsection B(1) shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given, or where the public health or safety requires the performance of the street opening.

§ 362-21.6 Violations and penalties.

For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof.