[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park 7-18-1997 by Ord. No. 498. Amendments
noted where applicable.]
[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:
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.
For a major street opening, the Borough Engineer; for a minor
street opening, the Superintendent of the Department of Public Works.
The Borough of Harrington Park.
The Borough Council of the Borough of Harrington Park.
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.
Such legal holidays as may be established from time to time
by the State of New Jersey.
Any excavation or tunnel which is not a minor street opening.
Any excavation or tunnel which extends less than 30 linear
feet and is less than six feet in depth.
Any person or persons, partnership, firm or corporation
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]]
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.
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]
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.
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.
