[Adopted 3-8-1983 by Ord. No. 3-83 (Ch.
176, Part 2, of the 1985 Code)]
The purpose of this article is to establish
regulations and fees for the opening of municipal streets within the
Village of Ridgefield Park.
The following terms shall, for the purpose of
this article, have the meanings here indicated:
An opening, tearing up or excavating for any purpose of a
Village road of 100 feet or more of roadway length and/or where connecting
lateral openings are made at average intervals of less than 50 feet
along the roadway length; or an opening which disturbs 20% or more
of the pavement area.
Any person, firm or corporation applying for a permit or
his duly authorized representative.
Sewer service, gas, electricity, water, telephone, television,
roads, streets and similar services provided or maintained by any
public or private entity.
[1]Any opening, tearing up or excavating for any purpose of
a Village road which is not an extensive opening.
Any street, road or other public way dedicated to and accepted
by the Village of Ridgefield Park, and includes 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 or in any way impair the surface or subsurface
within the limits of the right-of-way of any street in the Village
of Ridgefield Park without first obtaining a road opening permit from
the Village Clerk, which shall first be reviewed by the Superintendent
of the Department of Public Works or his designated representative.
B.
Nothing contained in this section shall be construed
as requiring the issuance of a permit for the performance of any work
done by the Village or under a contract with the Village for the construction
of waterlines, sewer lines or street improvements.
C.
No person or corporation shall be issued a road opening
permit until he presents satisfactory proof in the form of a written
statement from the person or corporation engaged in the distribution
or submission of manufactured, mixed or natural gas or synthetic natural
gas, liquefied natural gas or propane gas in the area of the proposed
road opening that said applicant has complied with the requirements
of N.J.S.A. 48:2-73 et seq., which provides, among other things, that
said applicant give to any person or corporation engaged in the distribution
or transmission of the aforesaid gases in the area of the proposed
excavation written notice of the proposed excavation and ascertain
from such person or corporation the location of all such gas lines
or pipelines within 200 feet of the proposed excavation.
D.
Nonopening of road. No street, road or paved area
constructed, reconstructed or repaved within three years of the time
that the road is sealed can be excavated or patched without demonstrating
that an emergency exists on behalf of the permittee. Gas leaks, water
main leaks and sewer breaks shall be considered examples of emergencies.
E.
No person, persons, contractor nor any utility company,
public or private, shall, for any purpose, knowingly or deliberately
store, place, mix or dump any cement, mortar, concrete, insulation,
plaster, waterproofing or any other by-product of these items onto
Village streets, nor shall any equipment used for the delivery, transportation,
placement or finishing up of these items be washed or flushed into
or onto Village streets.
[Added 2-14-1989 by Ord. No. 1-89]
F.
Any accidental spillage or dumping of any product,
regardless of the cause, onto Village streets, including but not limited
to concrete, stone, gravel, sand, construction materials, demolition
debris, landscaping debris, petroleum products, garbage, refuse, trash,
paint, etc., shall be removed immediately by the person, corporation,
contractor or utility creating the spillage or dumping and the area
returned to its original condition.
[Added 2-14-1989 by Ord. No. 1-89]
A.
Form.
(1)
Application for a permit shall be made in writing
on forms to be prescribed by the Superintendent of the Department
of Public Works and issued by the Village Clerk and shall be filed
at least one week prior to the commencement of any work. Applications
shall be reviewed by the Superintendent of the Department of Public
Works or his designated representative. 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), partnership 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.
(3)
No work may commence until the date set forth in the
issued permit and payment of all fees to the Village Clerk.
B.
Emergency conditions. In the event that an emergency
condition exists requiring immediate action by any person requested
to obtain a permit pursuant to this section, the person may immediately
excavate or open the roadway and take such emergency measures as are
necessary without first obtaining a permit, provided that:
(1)
A true emergency exists and the person calls the police,
who shall log the call. The Village retains the right to issue a stop-work
order where necessary.
(2)
A permit is applied for and received 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 provisions
of this article.
(4)
The Superintendent of the Department of Public Works
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 roadwork,
the Police Department of the Village of Ridgefield Park shall be notified
and the Superintendent of the Department of Public Works shall be
notified on the first business day thereafter.
(5)
No road opening shall be permanently paved until authorized
by the Village or its representative.
C.
Reference. Prior to the issuance of a permit, copies
of the application therefor may be referred to the Village Superintendent
of Public Works, 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
or shall be imposed as conditions upon the issuance of the permit,
as appropriate.
D.
Applicant. The applicant must be a contractor or owner,
whether corporate, individual or partnership, who will be actually
engaged in the performance of the road opening work under the permit
or who will be directly responsible for the protection 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 behalf of
the owner for whom the work is being done and shall be countersigned
by such owner.
E.
Agreement. The owner shall agree, as a condition of
the issuance of a permit, that any facilities, pipes or poles or other
object to be installed within the Village right-of-way pursuant to
the permit shall be promptly relocated at the owner's expense, except
where otherwise provided by law, as required by the Village of Ridgefield
Park to accommodate the installation of Village facilities. Such agreement
shall be in writing and contained on the face of the application form
and permit.
F.
Review. All extensive openings shall first be reviewed
by the Superintendent of the Department of Public Works or his designated
representatives and shall subsequently be reviewed by the Village
Engineer prior to the commencement of work.
G.
Fee. A fee, which is nonrefundable, shall be paid
for both the application and an engineering fee.
A.
Generally. The New Jersey State Department of Transportation
1961 Standard Specifications for Road and Bridge Construction, with
all amendments and supplements, shall govern all of the work performed
under Ridgefield Park road opening permits, except as supplemented
below:
(1)
No Village road shall be closed to traffic without
the prior written consent of the Village Commissioners. In the event
that a road is closed, uniformed police may be required to act as
traffic directors, and the proper traffic control devices shall be
erected and maintained in accordance with standards described in the
Manual on Uniform Traffic Control Devices, 1971 Edition. All costs
of providing uniformed police shall be the responsibility of the applicant/contractor.
In the event that a detour is deemed necessary by the permittee, application
shall be made to the Director of Public Safety, who shall determine
the necessity for such detour and the route to be followed. Any work
under an issued permit must be commenced within three months from
the date of issue and be completed within three months from commencement,
or said permit shall be deemed void and reapplication shall be required.
(2)
Work commenced under a permit shall be continued without
interruptions during normal working hours until completed.
(3)
The applicant shall notify the Village Clerk and the
Superintendent of the Department of Public Works 24 hours in advance
of the actual commencement of any work under a permit.
B.
Guard. The applicant shall keep the excavation 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 Village street or road, and no greater part of any such street
or road shall be opened than shall be set forth in the permit.
C.
Minimum cover. All utilities shall be constructed
with a minimum of four feet of cover to provide protection for the
utilities in the event that future Village road construction, repair
or modifications necessitate 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 said utility at said utility owner's expense in case of
conflict with future construction, reconstruction or modification
of related facilities, except as otherwise specified herein. The aforementioned
four-foot minimum cover may be waived by the Commissioner of the Department
of Public Works or by the Superintendent of Public Works or by their
designated representative if the applicant prepares and files certified
plans indicating the location, extent and depth of the facilities
and said plans are approved by the Commissioner of the Department
of Public Works or by the Superintendent of Public Works or their
designated representative. This subsection shall apply only to new
construction.
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 structure are laid in the portion of the street to be opened.
Said notice shall be given in writing a minimum of 72 hours before
commencing said opening, and the permittee shall, at his own expense,
carefully support, maintain in operation and protect from injury such
pipe, conduits or other structures. If any damage is caused to such
pipes, conduits or structures, the permittee shall restore same, at
his own expense, to the condition they were prior to the commencement
of work.
E.
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 the Department of Public Works.
In the event that a waiver is granted, the contractor or owner shall
cover the excavation with heavy steel plates 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. 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 Commissioner in charge of the
Department of Public Works or the Commissioner of Public Safety or
the Superintendent of the Department of Public Works or their designated
representative.
A.
The permittee shall be liable for any damage to Village
roads caused by the operation of equipment over said roads. In the
event that any such damage is not repaired within a reasonable period
of time, the cost for the repair of same shall be deducted from the
permittee's deposit held by the Village Clerk.
B.
The permittee shall, on a continuing basis, maintain
all streets and other property affected by the construction in a 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 Village, 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 Village for the costs incurred, said costs shall
be deducted from the permittee's deposit held by the Village Clerk.
The Village Clerk may take such other action as the Clerk deems necessary
and deduct the cost from the permittee's deposit.
The Superintendent of Public Works and the Building
Department or their designated representatives 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 Village
may, upon the recommendation of its inspectors:
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 Village.
C.
Order a stop to any work and revoke the permit, in
which event the Village of Ridgefield Park shall complete or cause
to be completed the work and declare the applicant's cash deposit
forfeited or notify the applicant's surety of an intent to file claim
on the bond.
D.
Correct any work after notification to the applicant
and the neglect or the refusal of the applicant to make such corrections
as indicated and, upon doing so, declare the applicant's cash deposit
forfeited or notify the applicant's surety of an intent to file a
claim on the bond.
E.
Take any other action deemed reasonable under the
circumstances.
A.
For all openings.
(1)
The concrete paved roadway surfaces and concrete base
surfaces shall be saw cut vertically with a saw on a straight line
after excavating. On asphaltic paved surfaces, the use of a sharp
tool is permitted.
[Amended 3-26-1985 by Ord. No. 6-85]
(2)
The material excavated from the trench opening shall
not be replaced as backfill unless specifically permitted by the Superintendent
of Public Works or his authorized agent.
(3)
Clean granular backfill 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 applicant and approval for
exceeding this limitation is secured from the Superintendent of Public
Works. The reason for such special need shall be noted in writing
to the Superintendent of Public Works 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)
In old asphalt pavements and newly constructed, reconstructed
and overlaid asphalt pavements, before placing the base course the
opening shall be cut back six inches beyond the perimeter of the trench
opening and a tack coat applied to all joints.
[Amended 3-26-1985 by Ord. No. 6-85]
(6)
Where existing manholes are located in the shoulder
areas, a minimum of two inches of asphalt FABC-1, Mix 5 shall be placed
eight feet on both sides of the manhole casting on four inches of
quarry processed stone. The width of the FABC-1, Mix 5 shall vary
to the dimensions of the existing shoulder.
(7)
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. If not satisfied,
the Superintendent shall have the right to require a compaction test
to be performed by an independent laboratory, at the expense of the
permittee.
B.
Extensive openings.
[Added 5-14-1985 by Ord. No. 10A-85[1]]
(1)
For all extensive openings, the trench backfill shall
be thoroughly compacted with six-inch layers, to an elevation eight
inches below the top of the adjacent paved surface. A base consisting
of eight inches compacted depth (two lifts) of bituminous stabilized
base, stone mix, Mix No. 1, shall be constructed level with the existing
pavement.
(2)
After proper settlement, for any portion of the road,
the entire width or a portion of the width, depending on the area
disturbed by the excavation and to the satisfaction of either the
Village Engineer or the Superintendent of the Department of Public
Works or their designated representatives, shall be overlaid with
a one-and-one-half-inch minimum thickness FABC-1, Mix No. 5 pavement
applied to the entire length of the disturbed area and rolled in place
to obtain a smooth pavement surface.
C.
Old asphalt pavement openings. Backfill material shall
be deposited in six-inch layers and thoroughly compacted to a level
eight inches below the level of the adjacent paved surfaces, The openings
shall be cut back six inches beyond the perimeter of the trench opening.
The base course shall be bituminous stabilized base stone mix, Mix
No. 1, six inches thick (two lifts). The surface course shall be two-inches
compacted depth of FABC-1, Mix No. 5. All joints between the new and
existing pavements shall be sealed with a tackcoat.
[Amended 3-26-1985 by Ord. No. 6-85]
D.
Concrete pavement surface openings. For all openings
in concrete pavement surfaces, the trench backfill shall be compacted
in six-inch layers to a level two inches below the top of the adjacent
paved surface. A two-inch compacted depth of stabilized base shall
then be placed, compacted level with the existing pavement, and shall
be maintained by the permittee to a pavement level by adding additional
bituminous material until final settlement has occurred. The opening
shall be cut back by saw six inches beyond the perimeter of the trench
opening. A pavement course of four-thousand-pound concrete eight inches
in depth shall be constructed level with the existing pavement surface.
A layer of heavy six-by-six No. 6 gauge wire mesh reinforcing shall
be placed in the opening and extend fully into the cut-back shelf
at a point six inches below the finished elevation.
E.
Nonpaved area. All grass or graveled areas or sidewalks
disturbed within the Village right-of-way shall be reconstructed in
accordance with the Village Sidewalk Ordinance,[2] topsoiled, seeded and mulched within 14 days of completion
of excavation. All concrete areas will be thoroughly compacted. When
abnormal temperatures or inclement weather exists, these limits may
be waived only by the Superintendent of the Department of Public Works,
the Building Department or the Commissioner in charge of the Department
of Public Works. All work shall be guaranteed for a period of 12 months
from the date of completion of all work.
A.
Insurance. The applicant shall present evidence satisfactory
to the Village Board of Commissioners or its designated representatives
of insurance sufficient to indemnify and save harmless the Village,
its agents and servants against and from all suits and costs of every
kind and from all damages resulting from negligence or from any phase
of operations performed under the permit. Said insurance shall provide
limits of not less than $300,000 of liability coverage per individual
and $500,000 per accident. Where there is an extensive opening, the
Superintendent of the Department of Public Works or the Village Engineer
may request additional insurance if it is deemed necessary under the
circumstances.
B.
Security.
(1)
The Village Clerk shall not issue a permit unless
the applicant has deposited, as security for faithful performance,
a certified check made payable to the Village of Ridgefield Park,
or filed a bond with surety satisfactory to the Village, the amount
thereof to be based upon the security deposit fee schedule as contained
in the schedule of charges and fees as hereinafter provided. A public
utility applicant may, in lieu of the security required by the first
sentence of this subsection, deposit a surety bond in the amount of
at least $20,000 for a particular project or projects, depending on
the expensiveness of a particular project. The surety bond shall be
renewed annually. In the event that a public utility applicant applies
for a permit for a road opening and/or road openings and the security
deposit fee set forth in the first sentence of this subsection exceeds
said $20,000, the public utility applicant shall file a surety bond
in an amount equal to the difference between the $20,000 and the original
security deposit. 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, and shall be in accordance with the work
to be performed or done within the Village.
(2)
The applicant shall also pay, by separate money order
or certified check or, if the applicant is a public utility as herein
defined, by a corporate check, a nonrefundable application fee and
engineering fees, if necessary, as stipulated in the fee schedule.
Applicants 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 in said schedule contained
in this article. The unused portion of the escrow deposit shall be
returned. Should the escrow deposit fee account at any time become
insufficient to cover the actual or anticipated inspection and professional
expenses, said fund shall be subject to increase on demand.
(3)
Upon satisfactory completion of all work permitted
or required under the permit for extensive openings, the Village of
Ridgefield Park will retain 100% of the security deposit as security
for maintenance of said work for a period not to exceed one year from
the date of completion, if said security deposit is $2,000 or less.
If the security deposit is less than $2,000 and is a certified check,
the applicant may deposit a surety bond in the amount of $2,000, satisfactory
to the Village, in lieu of said certified check. If the security deposit
is greater than $2,000, then the Village will release or refund 60%
or more, with the approval of the Superintendent of Public Works,
of the security deposit, and a surety bond may be deposited for the
maintenance. 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 Village. Within six months
after satisfactory completion of all work permitted or required under
the permit for nonextensive openings, the Village will release the
full amount of the security deposit.
(4)
The Village 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 rates established.
A.
Application fee, nonrefundable.
(2)
Curb, gutter, apron, sidewalk or driveway: lump sum
of $15.
(3)
Application fees may be accumulated in one account,
and said funds can be utilized for the payment of expenses incurred
by the Village for any work performed for a permittee without restriction
as to which application the funds were originally posted.
C.
Escrow deposit fee, engineering and legal costs.
(1)
All road openings, excavations, borings and other
work as stated on the permit application.
(a)
Base charge, including first five square yards
of any trench, driveway or sidewalk opened, torn up or excavated and
including the first 20 linear feet of any curb or gutter torn up or
excavated: $100.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection C(1)(a) above, a work schedule shall be submitted to and approved by the Village and/or its designated representative, who shall estimate the total escrow deposit fee required based thereon. If at any time during the course of the work it appears evident to the Village and/or its designated representative that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Village and paid to the Village, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
Upon the completion of any such work, the Superintendent
of Public Works and the Construction Official or their designated
representative shall file a report on a form to be furnished for that
purpose, which report shall contain the date of completion, the amount
of deposit, the cost to the Village of resurfacing the area so excavated
or opened, if the same shall have been necessary, and the balance,
if any, due the applicant. The report shall be countersigned by the
designated representative of the Department of Public Works and the
Building Department. Upon receipt of the report by the Village Clerk,
the balance, if any, due the applicant on account of any deposit shall
be returned.
Any person, firm or corporation who shall violate any of the provisions of this article shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II, General Penalty. In case of failure to restore pavements or roads or streets as hereinbefore provided after written notice by the Village Clerk to do so, each day that such pavement, roads or streets remain unrestored shall constitute a separate offense.
