[Adopted 1-17-1962 by Ord. No. 1-62]
[Amended 6-24-2015 by Ord. No. 7-2015]
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb the surface of any street or sidewalk, or curb area (including the alteration of any curb cut), within the Borough of Riverdale for any purpose whatsoever without first securing a permit therefor as hereinafter provided.
[Amended 6-24-2015 by Ord. No. 7-2015]
Application for permission to make an excavation in any street between the curblines or in any sidewalk area shall be made to the Borough Engineer on forms provided by the Borough. Such application shall be signed by the owner of the premises and shall specify the length and width of such excavation, the purpose for which the excavation is made, and the estimated time required to complete the work and restore the surface. The application shall be accompanied by a survey or other accurate map showing the exact location of the proposed work.
[Amended 4-20-1976 by Ord. No. 3-76; 8-20-1984 by Ord. No. 4-84; 6-24-2015 by Ord. No. 7-2015]
The Borough Engineer shall determine the amount of the deposit to accompany the application based upon the estimated cost of restoration. In addition, an application fee of $100 plus an additional $2 for each additional linear foot beyond 20 feet shall be paid at the time the application is filed. Additional inspection fees may be required for complex projects in an amount to be determined by the Borough Engineer.
For any work done under this agreement the permittee shall submit blueprints or plans in duplicate to the Borough Council of the Borough of Riverdale for approval, and if it is considered necessary or desirable, a joint general inspection may be directed by said Borough Council to be made by the Borough Engineer or Road Foreman and the permittee. After the approval of the blueprint or plan, if, in the course of the proposed construction shown thereon any changes or deviations become necessary in the work, the permittee shall, before making such changes or deviations, obtain the approval of same by the Borough Engineer or Road Foreman. Upon completion of the entire work permittee shall file plans showing in full detail all of the work after its completion.
Openings and installations shall be under the direction of Borough Engineer and/or Borough Road Foreman or their representative, and all instructions given by them or their representative shall be faithfully and promptly complied with, whether herein specified or not. Services of an inspector, Borough Engineer or Borough Road Foreman shall be paid for by the permittee at the prevailing rate. Material inspection, when ordered by Borough officials, shall be paid for by the permittee. Payments shall be deducted from the permit fee and the balance, if any, returned to the applicant.
The permittee shall consult with the Borough of Riverdale Shade Tree Commission if the installation is to be constructed along side of shade trees as the permittee will be required to comply with all shade tree laws.
The Borough Engineer or Borough Road Foreman shall be notified in writing by the permittee at least 48 hours before work on the project is started stating the exact date and time the opening is to be made.
If, in the opinion of the Borough Engineer or Borough Road Foreman work is not being performed in a satisfactory manner or not in accordance with the specifications, he shall issue a stop notice to the permittee's foreman stopping all work until the defects are corrected to the satisfaction of said officials.
The permittee shall provide and maintain such watchmen, barriers, lights and signals at his own expense as will effectually prevent any accident in consequence of his work, for which the Borough might be liable, and the permittee shall be liable for all injuries and damage occasioned in any way by his act or neglect or that of his employees. The permittee shall, when ordered by any official of the Borough of Riverdale, furnish additional watchmen, barriers, lights or signals at his own expense.
Where the street lines are indefinite, the permittee shall, if ordered by officials of the Borough of Riverdale, have the street lines surveyed by a New Jersey licensed surveyor at the expense of said permittee in order that the utility appurtenances be placed at the proper location within the road or street right-of way.
All work should be performed in such a manner that all roads and thoroughfares shall be at all times accessible for the passage of fire apparatus, mail delivery, police vehicles, ambulances and all other emergency or essential equipment. The complete blocking of any road or thoroughfare will not be permitted.
The permittee agrees to comply with all the provisions of this article, all rules and regulations printed upon the back of the application form, and to the following general specifications, and the acceptance of the permit shall be deemed an agreement to abide by all the conditions as herein set forth.
Shoulder openings. Trenches for the construction of gas, water, sewers, telephone or other installations shall be excavated so that the near side of the trench shall be at least three feet from the edge of the pavement. The applicant shall furnish and put in place at his own expense such shores, braces, sheeting, etc., as may be considered by the Borough Engineer or Borough Road Foreman to be necessary for the safety of the work or the public. It shall be removed as the work progresses in such manner as to prevent the caving in of the side of the trench unless ordered left in place by the Borough Engineer or Borough Road Foreman. Trench drains or any roadway installations that are removed, damaged or destroyed shall be replaced, using new materials. All driveways shall be restored as directed by the Borough Engineer or Borough Road Foreman.
The applicant will be required to backfill the trench in layers not over six inches in depth, and each successive layer shall be thoroughly compacted by a power operated tamper or a trench roller where possible. When the trench has been backfilled to within 10 inches of the existing grade, the remainder of the trench, after properly preparing and rolling the subgrade, shall be filled with six inches of two-and-one-half-inch stone, filling all voids with stone dust, and four inches of shoulder stone, in that order, each operation being thoroughly rolled. If further settlement occurs in the trench, from time to time it shall be brought to grade with additional shoulder stone and rolled. Should the excavated material prove unsatisfactory for backfill in the opinion of the Borough Engineer or Borough Road Foreman, it shall be removed from the site and replaced with material, such as bank-run sand or gravel, approved by the Borough Engineer or Borough Road Foreman. All surplus material remaining after backfill shall be removed from the site. Embankments disturbed shall be hand graded to a one-on-one and 1/2 slope, and if original slope was in grass, shall be topsoiled and reseeded. Damage caused to the pavement adjacent to the trench and on the opposite side of the road shall be repaired to the satisfaction of the Borough Engineer or Borough Road Foreman. The use of any bucket with teeth in removing dirt deposited on the pavement is forbidden. Under no conditions shall any installation be made through the flow area of any storm sewer, catch basin, culvert or bridge. Where, in the opinion of the Borough Engineer or Borough Road Foreman, the soil is satisfactory for puddling, the backfill shall be puddled.
When directed by the Borough Engineer or Borough Road Foreman, the road shall be swept with an approved street sweeper and when directed by said officials the dust shall be controlled by sprinkling the same with water or spreading calcium chloride.
Pavement replacement (temporary). After the width of the trench has been determined, the outlines shall be marked on the pavement. A pavement cutter shall then be used to cut through the pavement before the trench digging machinery shall operate. Insofar as these may apply, the general specifications for shoulder openings shall control the excavation of pavement openings, except that there shall be a temporary pavement consisting of eight inches of two-and-one-half-inch stone filling all voids with stone dust which shall then be covered with a layer of bituminous concrete, FABC, 2 1/2 inches in thickness thoroughly compacted and finished to grade. Upon any further settlement, the trench shall be brought to grade by adding more bituminous concrete-type FABC. Where the trench is under the pavement, the trench shall be backfilled with two-and-one-half-inch stone. However, a cushion of sand shall be used around and over the pipe not exceeding eight inches above the crown of the pipe.
Pavement replacement (permanent). When in the opinion of the Borough Engineer or Borough Road Foreman the settlement of the backfill has ceased, the pavement on all sides of the opening shall be cut to a sharp line eight inches back. If there are cracks or settlement beyond the trench, the entire pavement from the side of the trench shall be cut eight inches back of the crack or settlement making cuts normal and parallel to the trench. All material within these limits is to be then removed to a depth of 4 1/2 inches below the existing pavement. All the base within these limits shall be brought to a grade 4 1/2 inches below the existing pavement. If additional stone is required because of settlement, clean two-and-one-half-inch stone shall be used, filling the voids with stone dust, and this base course shall be rolled thoroughly and true to grade. The edges of the pavement shall be painted with bituminous material approved by the Borough Engineer or Borough Road Foreman. Upon this base a modified penetration macadam course shall be constructed consisting of clean one-and-one-half-inch stone of such depth that after ultimate compression it shall have a uniform depth of two inches. This course shall be bound with bituminous binder consisting of tar grade RT-11 or RT-12 or asphaltic oil grade OA-4 applied at the rate of 1.65 to 1.85 gallons of bitumen per square yard of surface coated. This bitumen shall be applied from an approved pressure distributor. Crushed stone, 5/8 inch in size, shall then be applied at the rate of 25 pounds per square yard and thoroughly rolled. Upon the modified penetration macadam course there shall then be constructed 2 1/2 inches of bituminous concrete, type FABC, the same to be thoroughly rolled, the finished surface to be neither higher or lower than the existing pavement. All this work shall be performed as directed by the Borough Engineer or Borough Road Foreman.
Responsibility for injury to persons and properties.
The applicant shall indemnify and save harmless said Borough of Riverdale, its agents, servants and employees from and against all suits, damages, claims, demands and actions for any injury to any person or persons, including injury causing death, and for any injury, damage and/or destruction of property sustained, or alleged to have been sustained, by any party or parties, corporation or corporations, in, about and in connection with the construction of the work, or any part thereof, or any negligence in guarding the same, or by, on account of any act of commission or omission of said applicant, his employees, servants or agents; and in case of any such action being brought against the Borough the applicant shall immediately take charge of and defend the same, at his own cost and expense. The applicant shall carry all bonds and insurance necessary to adequately cover the provisions stipulated herein.
The Borough Engineer or Borough Road Foreman is charged with the enforcement of all the provisions of these regulations and are the agents acting for the Mayor and Borough Council of the Borough of Riverdale.
Access to fire hydrants, intersecting streets and private driveways shall be maintained at all times during the course of the work.
The permittee shall conduct his operations so as to cause as little interference to traffic as possible. Trenches shall be opened for a distance of not more than 300 feet in advance of the laying of the subsurface structure. Transverse openings involving the full width of any roadway shall be made so that only 1/2 of the roadway will be obstructed at any one time.
Services. Where possible services shall be driven or bored.
[Added 2-14-1962 by Ord. No. 2-62]
Should an emergency situation develop, necessitating the opening of any road or street, whereby there would be insufficient time for any person, firm or corporation to make the necessary application required by this article, or to give the required forty-eight-hour notice, then such person, firm or corporation shall immediately contact the Mayor of the Borough of Riverdale, or in his absence, the next chief executive officer of the Borough of Riverdale, and set forth the entire nature of the emergency and the contemplated work. Should the Mayor or other chief executive officer determine that an emergency situation does exist, and the ordinance cannot be complied with, then said Mayor or other chief executive officer may permit the street opening to be made for such emergency situation, upon such terms and conditions as set forth by said Mayor or other chief executive officer. However, should such emergency permission be given, then the applicant shall forthwith, within 24 hours thereafter, make the necessary application to the Borough of Riverdale and post the payment required by this article; said applicant, shall, however, comply fully with all other terms and conditions of this article in respect to said street opening and all of the terms and conditions set forth in this article shall be deemed to be immediately applicable to the applicant and acceptable by the applicant.
[Added 2-14-1962 by Ord. No. 2-62]
If the contemplated street opening is necessary to supply a utility for heating or cooking for a residential use, and the building containing said residential use is occupied by said residents, then the forty-eight-hour notice required under § 147-11 of this article may be reduced to 24 hours' notice.
[Amended 9-21-1992 by Ord. No. 4-92; 6-24-2015 by Ord. No. 7-2015]
Any person, firm or corporation violating this article shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, in the discretion of the judge imposing the same.