Borough of Harrington Park, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park 7-18-1997 by Ord. No. 498. Amendments noted where applicable.]
GENERAL REFERENCES
Fines and penalties — See Ch. 164.
Noise — See Ch. 219.
Rodent extermination — See Ch. 256.
Streets and sidewalks — See Ch. 297.
Soil removal — See Ch. 350, Art. XI.
[Amended 4-18-2011 by Ord. No. 658]
This chapter shall be known and may be cited as the "Excavation Ordinance of the Borough of Harrington Park."
For the purposes of this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
APPLICANT
Any person filing an application pursuant to the provisions of this chapter or performing any work which is regulated by the provisions hereof and his agents, employees and/or servants.
APPROPRIATE BOROUGH OFFICIAL
For a major street opening, the Borough Engineer; for a minor street opening, the Superintendent of the Department of Public Works.
BOROUGH
The Borough of Harrington Park.
BOROUGH COUNCIL
The Borough Council of the Borough of Harrington Park.
EMERGENCY
Such combination of circumstances as may constitute a threat to life, health or property and which shall be determined as such by the Mayor or appropriate Borough official or their designees.
LEGAL HOLIDAY
Such legal holidays as may be established from time to time by the State of New Jersey.
MAJOR STREET OPENING
Any excavation or tunnel which is not a minor street opening.
MINOR STREET OPENING
Any excavation or tunnel which extends less than 30 linear feet and is less than six feet in depth.
PERSON
Any person or persons, partnership, firm or corporation
A. 
Any road, street, curb, sidewalk or other public place dedicated to, designed or accepted by the Borough or any portion thereof.
B. 
The paved area of the public right-of-way, including the sidewalks, curbs, gutters, catch basins and manholes.
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit issued through the Borough Clerk's office following review of the street opening (major or minor) by the Superintendent of the Department of Public Works and the Borough Engineer.
[Amended 4-18-2011 by Ord. No. 658[1]]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
B. 
A tunnel or excavation may be commenced without a permit when an emergency has arisen which makes it necessary to commence work immediately; provided, however, that prior to such commencement, the application for a permit shall have been filed with the Borough Clerk, together with an estimate of the requisite fees and of the performance guaranty; provided further, however, that the filing of such application and estimates may be deferred until the next business day following the commencement of work when the emergency arises after closing of the office of the Borough Clerk. The permit, when issued, shall be retroactive to the date on which the work commenced.
C. 
Such permit shall remain in effect for 30 days, provided that such time may be extended, upon application made to the Borough Clerk within said thirty-day period, for an additional 30 days upon good cause being demonstrated to the appropriate Borough official for the noncompletion of the work within the initial period.
A. 
All applications for street opening permits shall be made through and filed with the Borough Clerk's office on forms provided by such office and shall recite the following information:
[Amended 4-18-2011 by Ord. No. 658[1]]
(1) 
Name, address and telephone number of the applicant.
(2) 
Name, address and telephone number of the party to be reached in the event of an emergency.
(3) 
Street address of premises adjacent to the proposed opening.
(4) 
The Tax Map lot and block numbers of properties abutting and lying adjacent to that portion of the street to be opened.
(5) 
Name, address and telephone number of the property owner for whose benefit the opening is to be performed.
(6) 
Classification of the street opening, i.e., major or minor.
(7) 
Character and purpose of the proposed work.
(8) 
Estimated time when the work is to be commenced and completed.
(9) 
Plans and specifications, in quadruplicate, showing exact locations and dimensions with respect to major street openings only.
(10) 
Name, address and telephone number of the person who is to perform the work.
(11) 
An acknowledgement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter, bike path, sidewalk, catch basins, manholes and all other disturbed areas, so as to restore said area to such state and condition as complies with Borough standards, within 90 days of the street opening; provided, however, that within 24 hours of such opening, the area shall be temporarily restored by the placement of a stabilized base course, maintained as determined in the reasonable judgment of the appropriate Borough official until the final surface has been laid. The final surface shall not be installed between November 15 and April 15 unless otherwise permitted by a written authorization signed by the Mayor.
(12) 
A certification by the applicant that he has followed the mark-out procedure for determining the locations of utilities and obstructions within the area of the proposed work and submission of a mark-out reference number.
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
B. 
Application hereunder shall be filed not less than two days in advance of any excavation, except that in case of emergency, the application shall be filed pursuant to § 150-3.
A. 
Each applicant for a permit shall, before its issuance, pay to the Borough Clerk minor street opening or major street opening fees in accordance with the Borough Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
B. 
In the event that a public utility company shall be exempted by statute from payment of fees as required by the preceding subsection, the utility company shall nevertheless file with the Borough Clerk annually a surety bond, approved as to form by the Borough Attorney, in the penal sum of not less than $25,000, conditioned upon the complete restoration of the disturbed surface to such condition as complies with Borough standards.
A. 
No permit shall be issued until the applicant has filed with the Borough Clerk a cash bond in an amount equal to 120% of the estimated cost of closing the road in a manner as is herein provided and completing any work incidental thereto as estimated by the appropriate Borough official. The Borough Council may, in its discretion, upon appropriate application by a public utility, require the posting of a surety bond or waive the bond requirement of this section upon the presentation of satisfactory proof that the utility is capable of meeting any claim against it arising out of the work anticipated to be performed. Such bond shall be executed by the applicant as principal and by a surety company in good standing and licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
(1) 
To indemnify and hold harmless the Borough from all losses, damages, claims and expenses, including expenses incurred in the defense of any litigation arising out of injury to person or property resulting from any work done by the applicant under the permit.
(2) 
To indemnify the Borough for any expense incurred in enforcing any of the provisions of this chapter.
(3) 
To indemnify any person who shall sustain personal injuries or damages to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors in the course of any work under the permit.
(4) 
Upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the appropriate Borough official.
B. 
A single bond may be accepted to cover a number of excavations by the applicant. Bonds shall remain in force for a period of 12 months after the date the last work is performed to guarantee the integrity of the street closing.
C. 
A bond may be waived by the appropriate Borough official if it is already provided for in a subdivision or developer's agreement.
Each applicant shall deposit in trust with the Borough Clerk an amount as determined by the appropriate Borough official which is an estimate of all anticipated inspection and engineering costs and fees. In the event that such actual costs and fees are less than the amount deposited in trust, then the Borough shall refund the difference between the amount deposited in trust and the actual costs and fees charged to the applicant. In the event that such actual costs and fees exceed the amount deposited in trust, then the difference between the actual costs and fees and the amount deposited in trust shall be payable from the bond required by the terms of § 150-6.
A. 
No bond shall be released unless the surface and foundations of the road or street shall have been satisfactorily restored in accordance with the provisions of this chapter. Any determination as to whether or not such road or street shall have been so restored shall be made solely by the Borough Council after receiving the advice and recommendation of appropriate Borough officials, and the determination of the Borough Council shall be final and conclusive.
B. 
The bond shall also secure the Borough against damage to, removal of or interference with Borough property.
C. 
Upon written notification to the applicant by the appropriate Borough official that Borough property has been damaged, removed or interfered with, the applicant shall correct such condition within a reasonable time thereafter as determined by the appropriate Borough official or the cost of such correction shall be payable from such bond. The bond shall also secure the Borough for the costs of engineering and inspection fees, as specified in § 150-7.
Except in the case of an emergency, the following limitations shall be applicable to all roads and streets within the Borough:
A. 
No excavation or backfilling shall be undertaken from November 15 through March 31, and no restoration or pavement construction shall be undertaken prior to April 15 except upon special written approval signed by the Mayor, upon written advice of the appropriate Borough official. Such special approval may be granted if weather conditions permit and suitable materials are available; provided, however, that no such special approval will be granted if ambient temperatures below 40° F. are anticipated during the course of the work or where frozen subgrade exits. No such special approval shall relieve the applicant from compliance with all other provisions of this chapter.
B. 
No street or road which has been paved with macadam or bituminous concrete surface shall be excavated or otherwise opened for a period of three years from the date of completion thereof except upon prior approval granted by the Mayor.
A. 
During the course of any work for which application is required pursuant to the provisions of this chapter, the applicant shall at all times provide and maintain suitable and sufficient barricades with warning lights, danger signals and signs. Barricades with warning signs shall be placed at all roads or streets closed to traffic. Warnings and detour signs shall be placed at all closures and intersections and along detour routes such as to clearly mark the same. All barricades and warning lights shall be illuminated from sunset until sunrise. Wherever necessary for adequate protection of the public, a watchman and/or flagman will be provided by the applicant, as determined by the Chief of Police.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
B. 
No person shall remove, displace, break or change any sign or lights or signals set up or placed in any street or public place as a warning of danger or indicating an excavation or obstruction or showing that any street or public place is closed to traffic, and no person shall, between the hours of sunset and sunrise, extinguish any light used for any of the purposes aforesaid.
[Added 4-18-2011 by Ord. No. 658]
[Amended 4-18-2011 by Ord. No. 658]
Each applicant shall furnish proof at the time of application that it maintains sufficient public liability insurance with an insurance company licensed to transact business in the State of New Jersey, in an amount of not less than $1,000,000/$3,000,000. Said policy of insurance shall specifically designate the Borough and its employees and agents as named insured and shall require 10 days' written notice to the Borough prior to termination thereof. Policies shall also provide motor vehicle liability coverage in identical amounts and shall have X, C and U exclusions deleted.
No applicant shall enter upon or make use of any private property without the written permission of the owner thereof.
Except in case of emergency, no work for which application is required pursuant to the provisions of this chapter shall be performed or undertaken on Sundays or legal holidays or between the hours of 8:00 p.m. and 8:00 a.m.
Notice of commencement of work for which application is required pursuant to the provisions of this chapter shall be given to the appropriate Borough official not less than two days in advance thereof, and such work shall be completed within the time limits specified hereinafter. Thereafter, the Borough may cause such work to be completed, and the costs thereof shall be payable from the applicant's bond.
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
The following specifications and procedures shall be applicable to all excavations and trenches:
A. 
The applicant shall determine the exact location of all underground structures, known or unknown, and shall take appropriate measures for protection of adjacent piping or utilities. The applicant shall be responsible for any damages to pipelines or utilities and shall give notice to any utility concerned prior to repair or backfill.
B. 
The pavement shall be cut by saw or pavement cutters in straight lines. Trenches shall be dug so that pipe can be laid to the alignment and depth required. Minimum depth of cover from the surface of the ground to the top of the pipe barrel shall be as shown on drawings. Trenches shall be braced and drained so that the workers may work safety and efficiently; the applicant shall comply with requirements of the State Construction Code and the Federal Occupational Safety and Health Act.
C. 
Discharge from trench dewatering pumps, free of soil materials, shall be conducted to natural drainage channels or drains.
D. 
Trenches shall be excavated to a depth required to provide a uniform and continuous bearing and support for pipe on solid and undisturbed ground. Any portion of trench excavated below specified grade shall be corrected with approved material and thoroughly compacted. Where the bottom of trench at subgrade is unstable or includes ashes, cinders, refuse, vegetable or fragments of inorganic material, the applicant shall excavate and remove such unsuitable material.
E. 
Hand methods of excavation shall be employed in locations designated on drawings. Otherwise, the applicant may utilize trench digging machinery or hand methods of excavation.
Trenches and excavations above pipe grade shall be backfilled within 24 hours after subsurface work is completed, unless written approval is obtained from the appropriate Borough official. Backfill shall be approved granular material, free of organic matter, clay, silts, cinders or other deleterious materials. Backfill shall be placed in maximum nine-inch layers and mechanically tamped after placement of each layer such as to achieve a density equal to preexcavation conditions. Backfill shall be sufficiently moist to achieve proper compaction.
The following specifications and procedures shall be applicable to all pavement on roads and streets:
A. 
For openings of less than 100 square feet in surface area, the upper 7 1/2 inches of trench shall be filled by the applicant with graded one-and-one-half-inch stone equal to Division 3, Section 2, of State Specification, with dust, compacted by a five-ton roller. After 24 hours of traffic, or other period as stipulated by the appropriate Borough official, the edges of the trench shall be saw cut parallel to the street center line and six inches outside the widest trench limits, after which the upper 3 1/2 inches of stone shall be removed and final pavement shall be constructed. After 30 days, and after six months, the applicant shall place fine aggregate bituminous concrete in depressed areas to form a smooth, even street surface.
B. 
For openings of greater than 100 square feet in surface area, the upper 7 1/2 inches of trench shall be filled by the applicant with five inches of graded one-and-one-half-inch stone equal to Division 3, Section 20, of State Specification, with dust, and 1 1/2 inches of stabilized base material equal to Division 3, Section 2A, of State Specification, compacted by a ten-ton roller. The surface shall be maintained by the applicant for not less than 30 days and, at the discretion of the appropriate Borough official, to a maximum of 90 days, such that maximum surface depression is one inch. Thereafter, the edges of the trench shall be saw cut parallel to the street center line and six inches outside the widest trench limits, after which the upper 3 1/2 inches of material shall be removed and final pavement shall be constructed. After six months, the applicant shall place fine aggregate bituminous concrete in depressed areas to form a smooth, even street surface.
C. 
For emergency openings from November 15 through March 31, the procedure shall be as for openings greater than 100 square feet, except that temporary paving material may be approved cold patching compound, if hot material is not available.
D. 
Final pavement, in all cases, shall be four inches of graded one-and-one-half-inch stone, equal to Division 3, Section 20, of State Specification, with dust, two inches of stabilized base material equal to Division 3, Section 2A, of State Specification, 1 1/2 inches of fine aggregate bituminous concrete equal to Division 3, Section 12, Type SM-1 of State Specification, feathered over a twelve-inch width of tack coat, to meet adjacent surfaces. All thickness shall be as measured after compaction by a ten-ton roller.
E. 
Where a trench exceeds 100 feet in length, a one-and-one-half-inch surface course shall be placed from curb to street center line on dead-end streets and from curb to curb on through streets. Where a trench exceeds six feet in width, is skewed to street center line or is connected to spur trenches, a one-and-one-half-inch surface course shall be placed from curb to curb. In all cases surface shall be cleaned end tack coat placed before application of surface course, which shall be feathered toward each curb.
F. 
Where excavations total and/or exceed 100 square feet in area over a six-month time period within a continuous, 400-linear-foot roadway section, a one-and-one-half-inch surface course shall be placed from curb to curb on all streets in accordance with current NJDOT Specifications. The surface shall be cleaned and tack coat placed before application of surface course, which shall be feathered toward each curb.
[Added 10-10-2017 by Ord. No. 716[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection F as Subsection G.
G. 
Upon prior approval of the appropriate Borough official, subgrade stone may be replaced with an equivalent thickness of stabilized base material.
Pavement in new streets or roads shall be in accordance with specifications and procedures specified in § 150-17D.
Curbs damaged by excavations shall be restored and curbs in new streets and roads shall be installed in accordance with the following specifications and procedures:
A. 
Curbs shall be six inches wide at the top, nine inches wide at the bottom and 20 inches deep, of which six inches shall extend above finished grade at gutter.
B. 
Foundations under curbs shall be undisturbed, compacted, nonorganic material. If placed on fill, such material shall be granular, nonorganic and compacted in nine-inch layers.
C. 
Curbs shall be poured in approved forms, using four-thousand-pounds-per-square-inch concrete with maximum stump of four inches. Forms shall be inspected before pouring, and concrete shall be thoroughly vibrated and cured as approved. No concrete shall be poured except in dry weather, at ambient temperatures between 50° F. and 90° F.
D. 
Curb sections shall not exceed 10 feet in length and shall be separated by contraction joint material.
E. 
Depressed curb sections shall be poured at driveways and barrier-free ramps. Breaking of full curbs to create depressed curbs is prohibited.
Sidewalks damaged by excavations shall be restored and sidewalks on new streets and roads shall be installed in accordance with the following specifications and procedures:
A. 
Sidewalks shall be 48 inches thick, set to approved grades.
B. 
Foundations under sidewalks shall be undisturbed, compacted, nonorganic material. If placed on fill, such material shall be granular, nonorganic and compacted in nine-inch layers.
C. 
Sidewalks shall be poured in approved forms, using three-thousand-pounds-per-square-inch concrete with maximum slump of four inches. No concrete shall be poured except in dry weather, at ambient temperatures between 50° F. and 90° F. and concrete shall be cured in approved fashion.
[Amended 11-20-2017 by Ord. No. 719]
D. 
Sidewalk sections shall be separated by contraction joints at four-foot intervals and by construction joints at twelve-foot intervals. Surfaces shall be troweled to approved finish.
If the applicant does not satisfactorily comply with the provisions of §§ 150-16, 150-17, 150-18, 150-19 and 150-20, then the Borough may give notice to the applicant that the applicant must comply with the specified provisions within 48 hours, weather permitting. Satisfactory compliance is to be determined by the appropriate Borough official. If the applicant fails to satisfactorily comply within the forty-eight-hour period, then the Borough may remedy said noncompliance without further notice to the applicant at the sole cost of the applicant. Such cost shall be charged against the bond as specified in § 150-6.
The applicant shall, at all times, maintain the excavated street or road in a clean condition. All dirt, rubbish and excess materials shall be regularly removed by the applicant, and backfill shall be mounded within the limits of the excavation. All tools and temporary structures shall be removed by the applicant upon completion of work.
All materials and subcontractors shall be subject to the approval of appropriate Borough officials, who shall be authorized to order such special maintenance, pavement procedures and safety requirements as circumstances may require.
A. 
The Borough Council may impose such conditions in any case it deems necessary and appropriate.
B. 
Under extraordinary conditions not covered by this chapter, the Borough Engineer shall receive a copy of the plan of the permittee and, after an evaluation, set a fee commensurate with the circumstances in the exercise of his reasonable judgment.
The Borough Engineer may make any reasonable rules and regulations which he considers necessary for the administration and enforcement of this chapter, but no regulation shall be inconsistent with, alter or amend any provision of this chapter or impose any requirement which is in addition to those expressly or by implication imposed by this chapter. No regulation shall be effective unless it shall have been approved by resolution of the Borough Council. Copies of all current rules and regulations shall be furnished to each permittee at the time of the issuance of the permit.
A. 
Utility companies, including those engaged in the installation of gas, water and electric lines, shall report to the Department of Public Works, quarterly, their intentions with regard to prospective work requiring future street openings in the community, for the purpose of coordinating such activity with pavement projects anticipated by the Borough.
B. 
Except in the case of emergency, the Borough shall have the right to schedule street openings with utility companies in a manner which will create the least disturbance to pavement courses, in furtherance of which purpose the Borough shall provide to the utilities a schedule of expected street construction and resurfacing.
In the event of an emergency as hereinabove defined, application for waiver of specific provisions of this chapter may be made to the Mayor or to the appropriate Borough official who is authorized in such cases to permit waiver of requirements and impose additional conditions as required to protect the public interest and Borough property.
[Added 4-18-2011 by Ord. No. 658]
Violation of any provision of this chapter shall be punishable as set forth in Chapter 164, Fines and Penalties.