[Adopted 2-9-2006 as Ch. 150, Art. I, of the 2006 Code of the Borough of
High Bridge]
A.
No person, persons or corporation, county or private, nor any utility
company, public or private, shall for any purpose open, tear up, excavate,
bore, tunnel or drive under or in any way impair the surface or subsurface
within the limits of the right-of-way of any municipal road without
first obtaining a permit from the Borough Clerk. The permit must be
filled out completely and include the number of copies specified along
with the required permit fee and other required exhibits under the
terms of this article or present on such form. The permit or copy
thereof shall be displayed at the site during the duration of the
work and shall be presented for inspection upon request of the Borough
Engineer or his authorized representative.
B.
No permit shall be issued to open the pavement of any road which
has been constructed or reconstructed for a period of five years from
the date of completion of said construction except in the event of
an emergency.
C.
No permit shall be issued to open the pavement of any road which
has been resurfaced for a period of three years from the date of completion
of said work except in the event of an emergency. An emergency is
a situation which may result in harm to the public's health,
safety and welfare or damage to public and/or private property.
A.
Application for a permit shall be made, in writing, on forms as prescribed
by the Borough Clerk and filed at least two weeks prior to the proposed
commencement of any work. Plans, profiles and other details necessary
to accurately depict the work to be performed shall be submitted with
the application. When an opening is less than 100 feet long and municipal
facilities other than road surfaces will not be affected, the Borough
Engineer or his authorized representative may waive the requirements
for submission of plans. If the requirement for submission of plans
is waived, a sketch attached to the application showing the proposed
work and its exact location will suffice.
B.
The Borough Engineer or his authorized representative shall review
the application and accompanying data. The applicant will then be
notified as to any objections to the application, the amounts of application
and deposit fees to be posted, and any conditions to be imposed on
the application.
C.
When satisfied that the applicant has complied with all provisions
governing the application, the Borough Clerk will issue a permit.
No work shall commence until the date set forth in the issued permit.
Except in the event of an emergency, the first day of work for which
a permit is issued cannot be a Friday, Saturday, Sunday or eve of
a legal holiday.
D.
In the event of an emergency, the two-week filing period may be waived
by the Borough Engineer or his authorized representative and the permit
may be issued within a shorter period of time as may be deemed appropriate.
If circumstances warrant, an oral application may be made and a temporary
permit may be issued followed by a written application submitted within
48 hours. In emergency matters and the absence of the Borough Engineer,
Borough Administrator or Borough Clerk, a permit may be issued by
the Mayor, or by his direction by any member of Council or the Director
of Public Works.
E.
The applicant must be a contractor, either corporate, individual
or partnership, who will be actually engaged in the performance of
the work under the permit and who will be directly responsible for
the performance 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. Permits will
not be issued directly to private owners without specific approval
of the Borough Engineer or his authorized representative.
F.
Prior to the issuance of a road-opening permit which shall involve
a sanitary sewer connection or repair or disturbance of the stabilization
of a sanitary sewer, the applicant must first obtain the appropriate
permit from the High Bridge Sewer Department.
G.
Drawings. The applicant shall file, along with the permit form, an
estimate of the cost of the improvement and appropriate engineering
drawings, in triplicate, which may show the following details:
(1)
A key map showing schematically the location of the proposed opening
relative to surrounding streets or other key landmarks.
(2)
Existing facilities, such as pavement, curbing, sidewalks, driveways,
drainage and utilities in the working area.
(3)
Details of the proposed opening and work to be done, including excavation,
plan and profile and appropriate sections of the opening, construction
details and soil erosion and sediment control measures, where applicable.
A.
The Borough Engineer will not issue a permit unless the applicant
has deposited, as security for faithful performance, a certified check
made payable to the "Borough of High Bridge," the amount thereof to
be based on the deposit fee schedule as contained in the fee schedule
herein provided.[1] When the required deposit fee exceeds $4,000 the remainder may be in the form of a bond with surety satisfactory to the Borough. The applicant shall also pay, by separate money order or certified check, a nonrefundable application fee as set forth in said schedule and shall submit proof of self insurance as set forth in § 343-8 of these general provisions.
B.
Permits, application fees and deposit fees will not be required of
person or corporations under contract to the Borough of High Bridge
to perform work in municipal roads within the limits of the contract.
However, any person or corporation under contract to a municipality
to install water lines, sanitary sewer lines, or any other facility
shall comply fully with all provisions stipulated herein.
C.
Application fees will but deposit fees will not be required of any
public utility, as defined in N.J.S.A. 48:2-13, which is subject to
the jurisdiction and control of the Board of Public Utility Commissioners
of the State of New Jersey when performing work with their own forces
and which has filed with the Borough a continuing bond, approved by
the governing body as to form and surety, and in the amount or amounts
to be determined by the Board from time to time to guarantee the proper
maintenance and restoration of the road or right-of-way areas to be
disturbed. When the calculated deposit fee for a single project exceeds
more than 1/2 of the amount of a continuing bond, a separate bond
for that project will be required. The governing body may at any time
decline to grant the issuance of further road opening permits under
the continuing bonds and require the appropriate deposit of cash or
certified checks to be furnished instead. However, any person or corporation
under contract to a public utility to install, replace or repair any
pipe, conduit or facility shall comply fully with all provisions stipulated
herein.
D.
In order for a utility company to avoid the requirement that its contractor comply with all the provisions of these specifications, the utility company may satisfy the requirement in § 343-6 by signing a standing agreement with the Borough of High Bridge which provides the following:
(1)
Depositing a $4,000 cash bond with the High Bridge Borough Treasurer
to be used by the Borough for emergency road repairs.
(2)
In the event any monies are drawn against the cash bond, the utility
company must immediately replace the sum withdrawn upon notification
by the Borough.
(3)
Comply with the requirements to provide insurance certificates for
themselves and their contractors as required in these specifications.
(4)
The utility company must have a representative on the job and/or
site at all times, and have this representative serve as the liaison
between the utility company and its contractor and be prepared to
immediately implement and carry out the Borough's instructions,
requirements and directives.
(5)
The utility company must have access to its contractor day and night
and provide the Borough with the telephone numbers for its field representative
so that the Borough can contact this representative day or night,
seven days a week.
(6)
Post a standing bond in the amount of $500,000 to insure and guarantee
restoration of the roads, compliance with the specifications and all
the obligations set forth in his specifications and fee schedule for
road opening permits.
(7)
The standing agreement will be entered into on an annual basis and
may not be renewed if the utility company has not complied with the
terms in these specifications and the annual standing agreement.
A.
The applicant shall notify the Borough Engineer and the Borough Police
Department at least 48 hours in advance of the actual commencement
of any work. The applicant shall also provide the local Police Department
with the names and night phone numbers of at least two individuals
authorized to make emergency repairs to the road opening.
B.
The applicant shall comply with all applicable statutes pertaining
to notification of any person or corporation engaged in the distribution
or transmission of manufactured, mixed or natural gas or synthetic
natural gas, liquefied natural gas or propane gas in the area of the
proposed road opening and ascertain from such person or corporation
the location of all such gas lines or pipe lines within 200 feet of
the proposed excavation. The applicant shall be solely responsible
for ascertaining the location of all utilities and for the repair
of same if damaged as a result of work for which the road opening
permit is issued.
C.
The applicant shall notify all property owners at least 48 hours
in advance of any work which will interfere with access to their residence
or place of business.
The latest New Jersey State Department of Transportation Standard
Specifications for Road and Bridge Construction with all amendments
and supplements shall govern all of the work performed under these
specifications except as supplemented herein.
All utilities shall be constructed with a minimum of four feet
of cover to provide protection for the utilities in the event that
future municipal road reconstruction, repair or modifications which
necessitates excavation, undercutting, or installation of facilities
in the area where the utility is located.
A.
Traffic control, including but not restricted to signage and devices,
shall be provided for all openings in municipal roads in accordance
with standards described in the Manual on Uniform Traffic Control
Devices, latest revised edition.
B.
Construction signage will be installed 24 hours in advance of a multiday
construction project and arrangements made for the Borough Engineer
or his representative to inspect same, before construction commences.
C.
Approved construction signage shall remain in place until the construction
within the municipal right-of-way is complete and approved by the
Borough Engineer.
D.
Existing permanent traffic control signage and devices, including
guide rail, shall not be removed without the prior consent of the
Borough Engineer.
E.
No municipal road shall be closed to traffic without the prior consent
of the Borough Engineer. The applicant shall submit the proposed detour
plan and signage to the Borough Engineer for his review and approval.
When approval from the Borough Engineer is obtained, the detour plan
is to be submitted to the local municipal Police Departments for their
review. The applicant shall also obtain all approvals and/or permits
required by any other jurisdiction affected by the detour or the signage
for same.
F.
Once approval to close a road has been obtained, the applicant shall
notify at least one week in advance the affected Police Departments,
Boards of Education, Fire Departments, Rescue Squads, and the Office
of County Communications as to the dates the closing will be in effect.
G.
Traffic shall not be constricted on any municipal road without the
prior consent of the Borough Engineer and the municipal Police Department.
H.
Work which constricts traffic on any municipal road will be limited
to 9:00 a.m. to 4:00 p.m.
A.
The applicant shall indemnify and save harmless the Borough, its
officers and employees, from all suits, actions, or claims of any
character brought because of any injuries or damage received or sustained
by any person, persons, or property on account of or in consequence
of any neglect in safeguarding the work; or through use of unacceptable
materials in constructing the work; or because of any act or omission,
neglect, or misconduct of said applicant; or because of any claims
or amounts recovered from any infringements of patent, trademark,
or copyright; or from any claims or amounts arising or recovered under
the Workers' Compensation Act,[1] or any other law, ordinance, order or decree; and so much
of the money due the said applicant under and by virtue of his work
under this permit as may be considered necessary by the Borough for
such purpose may be retained for the use of the Borough or, in case
no money is due, his surety may be held until such suit or suits,
action or actions, claim or claims for injuries or damages as aforesaid
shall have been settled and suitable evidence to that effect furnished
to the Borough; except that money due to the applicant will not be
withheld when the applicant produces satisfactory evidence that he
is adequately protected by public liability and property damage insurance.
[1]
Editor's Note: See N.J.S.A. 34:15-1 et seq.
B.
Workers' compensation and liability insurance shall be maintained
in force during the life of the work under the permit by the applicant
covering all employees engaged in performance of the work under this
permit in accordance with applicable statute.
C.
As a minimum, the applicant shall carry the following kinds and amounts
of insurance in addition to any other forms of insurance or bonds
required under the terms of these specifications. When applying for
a permit, the applicant shall file with the Borough Engineer a certificate
from his insurance, showing the amounts of insurance carried and the
risks covered thereby, or a copy of the required insurance policies.
All insurance policies described herein shall contain a provision
that the same shall remain in full force and effect for a period not
to exceed two years after the last work under any permit has been
completed and accepted by the Borough, and shall name the Borough
of High Bridge, its officers and employees as additional insureds.
D.
The applicant and contractor shall maintain the following insurance
and shall provide the Borough with a certificate of insurance reflecting
the following forms of insurance and limits of liability:
(1)
Public liability insurance for all bodily injury and property damage
arising out of the activities covered under this application. A comprehensive
broad form general liability coverage must be included as well as
coverage for independent contractors. The limit of liability should
be not less than $1,000,000 combined single limit.
(2)
Automobile liability insurance covering claims arising from owned,
hired as well as nonowned vehicles shall be covered in the amount
of at least $1,000,000 combined single limit.
(3)
Workers compensation coverage with coverage B employers' liability,
showing limits of $500,000/$1,000,000.
E.
The applicant and contractor shall assume sole liability for injury
to its employees and to any and all persons employed upon or in connection
with the work hereby contemplated, whether by it or by any subcontractor,
and for injury to employees of the Borough or to the public with respect
both to persons and property. The contractor shall indemnify and save
harmless the Borough with respect to all claims for or relating to
all of such injuries or any of them.
F.
It is specifically agreed between the parties executing this permit
that it is not intended by any of the provisions of any part of these
specifications to create for the public or any member thereof a third-party
beneficiary hereunder, or to authorize anyone not a party to the requirements
of this permit to maintain a suit for personal injuries or property
damage pursuant to the terms or provisions of this permit.
The Borough Engineer shall periodically inspect all road openings
and the repair and resurfacing thereof for the purpose of determining
compliance with any conditions imposed on the issuance of the permit
and compliance with the specifications. The Borough Engineer may,
upon the recommendation of its inspector:
A.
Order a temporary stop to any road opening and order that the applicant
perform or correct specified work in accordance with the directions
of the Borough Engineer.
B.
Order a stop to any work and revoke permit in which event the Borough Engineer shall complete, or cause to be completed, any work necessary to restore the road (see general fee schedule provisions, § 343-12B).
C.
Correct, or cause to be corrected, any work after notification to the applicant by the local police or the Borough Engineer and the neglect or refusal of the applicant to make corrections as indicated (see general fee schedule provisions, § 343-12B.
D.
Correct, or cause to be corrected, any work should the local police or the Borough Engineer be unable to contact the applicant or any of the applicant's representatives whose phone numbers appear on the permit application (see general fee schedule provisions, § 343-12B).
E.
Take any other action deemed reasonable under the circumstances.
Upon satisfactory completion and acceptance of all restoration
work required under the permit, the applicant shall post with the
Borough a two-year maintenance guaranty. The maintenance guaranty
shall be 20% of the deposit fee. Should the amount of the required
maintenance guaranty be $4,000 or less, said amount will be retained
from the deposit fee. Should the amount of the required maintenance
guaranty exceed $4,000, the remainder of the amount may be in the
form of a bond with surety satisfactory to the Borough. All maintenance
bonds shall contain a provision that the same shall remain in effect
for a period not to exceed two years after the last restoration work
under any permit has been completed and accepted by the Borough.
The provisions herein set forth are designed as minimum requirements
for the safety and welfare of the general public. However, if an applicant
can demonstrate that, with reference to his application, the ideal
enforcement of one or more of said provisions will exact an undue
hardship, the governing body may permit such waiver or waivers as
may be reasonable and within said general purposes.
A.
Unless otherwise provided for in this section under Subsections C and D, the applicant shall deposit with the Clerk, along with the permit form, and prior to the start of construction, a minimum sum of $150 with each application for each opening permit, plus an additional 10% of the estimated cost of the improvement or opening.
B.
The money so filed shall be used to pay the cost of the engineering,
inspection and legal services, unrepaired damages or other legitimate
costs to the Borough assignable directly to the project. Within two
months after completion and final approval of the project or opening,
which also means two months after the expiration of the eighteen-month
maintenance period, all unexpended money remaining shall be returned
to the applicant, except for an additional $50, which shall be retained
by the Borough as its final application fee.
C.
Surety bond. The applicant may, in lieu of the above cash deposit, submit a surety bond in the same amount, which upon approval of the Borough Attorney, shall have the same force and effect as a cash bond. Said bond shall by its terms provide for payment of any damages by or from acts of the permittee and name the Borough harmless from any suits at law or otherwise which may result directly or indirectly from the work performed under the permit. In the event that this surety bond device is used, the bond will remain in effect and not be released until the costs and final fee calculated above under Subsection A has been paid by the permittee to the Borough.
D.
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit (Subsection A) or surety bond (Subsection B), may file a corporate bond on a yearly basis in an amount of $10,000. Such corporation bond would cover all construction operations of the public utility corporation within the Borough, thereby exempting said utility from the necessity to file cash or surety bonds for individual opening projects. However, such public utility corporations, operating under the terms and protection of a corporation bond, will still be required to make application for each opening permit to file the minimum fee of $50 and pay all costs to the Borough as calculated under Subsection A of this section.
E.
If all the required exhibits and fees have been received to the satisfaction
of the Clerk, the opening permit will be issued and shall contain
a list of the supporting documents, plans and specifications, including
a description of the location of the proposed opening, work contemplated,
termination date and the method and amount of fees paid.
F.
An opening permit may be renewed for a period of time not to exceed
the total time of the original permit upon a written request of the
permittee and an additional payment of $30. Opening permits under
the provisions of this article are not transferable.
G.
Permits issued under the provisions of this article will expire at
12:00 midnight of the day indicated on the permit. Permits may be
revoked by the Borough Engineer at the direction of the Mayor and
Council if the permittee has failed to comply with the provisions
of this article.
H.
The trench widths to be used to compute deposit fees for pipe sizes
and/or depths not shown on the trench width chart[1] shall be as determined by the Borough Engineer or his
authorized representative. When it is not possible to use the trench
width chart and/or the fee schedules to compute the application fees
and/or the deposit fees due to the nature of the proposed work, said
fees shall be as determined by the Borough Engineer.
I.
In the event the Borough Engineer is required to make repairs to
a road opening or is required to make arrangements for such work,
the Borough is authorized to utilize the cash bond to pay for such
work and the applicant shall reimburse the Borough for any cost in
excess of the cash bond prior to further disturbance of the road.
J.
Should the need for Borough repairs to a road opening occur after
normal working hours, minimum charges per the fee schedule will be
in effect.
K.
In the event the Borough finds it necessary to file a claim against
the applicant's surety, said claim must also be satisfied prior
to the further disturbance of the Borough road by the applicant.
L.
At the conclusion of the work, the permittee shall file with the
Borough Clerk three sets of as-built plans or record drawings showing
dimensionally all subsurface facilities as finally located and installed
and also showing changes, if any, made to surface features. Revisions
made by the permittee to the original plans submitted will be annotated
and dated for any new opening revisions.
A.
Paved roadway surfaces shall be saw cut vertically to the full depth
of the existing pavement. The surfaces shall be cut in such a manner
that lifting of pavement adjacent to the trench will not occur during
excavating. Any concrete encountered shall be saw cut and all bars
cut flush with the edges of the concrete. Roadway surfaces beyond
the limits of the trench cuts shall not be disturbed.
B.
Backfill material shall meet the requirements of soil designation
I-3 or dense-graded aggregate base course. Backfill materials shall
be deposited in layers and compacted in such a manner and by such
methods as to achieve ninety-five-percent standard proctor density
throughout the entire backfill. At no time shall the thickness of
each layer exceed 12 inches.
C.
The trench opening shall be backfilled and paved as prescribed herein
by the end of the working day. Exceptions to this provision will not
be permitted except in the following instances:
(1)
The applicant submits detailed plans with the application for a permit
showing how the trench and surrounding area will be protected for
approval by the Borough Engineer or his authorized representatives.
(2)
When a trench must be excavated and left open due to an emergency,
the trench and surrounding area is to be protected so as to allow
for the safe passage of vehicular and pedestrian traffic. The Borough
Engineer must be notified as soon as possible so that a determination
as to the need for additional safety measures can be made.
D.
For road openings on a municipal road that has been resurfaced or
reconstructed within the previous 10 years final pavement restoration
and width will be determined on a case-by-case basis by the Borough
Engineer.
E.
For openings in pavement where Portland concrete pavements do not
exist, the trench backfill shall be compacted to a level three inches
below the level of the adjacent paved surface. All adjacent paved
surfaces of the trench shall be tack coated. A three-inch compacted
thickness of bituminous stabilized base shall then be constructed.
After a minimum of six months, a saw shall be used to cut the pavement
to its full depth in neat straight lines a minimum of one foot beyond
the perimeter of the existing trench. The trench shall then be excavated
to a depth of eight inches and all adjacent surfaces of said trench
shall be tack coated. A six-inch (two lifts) compacted thickness of
bituminous stabilized base, and two-inch compacted thickness bituminous
concrete surface course mix I-5 shall be constructed level with adjacent
paved surfaces.
F.
For openings in concrete pavements or in concrete pavements overlaid
with bituminous concrete, the trench backfill shall be compacted to
a level three inches below the level of the adjacent paved surfaces.
All adjacent surfaces of the trench shall be tack coated. A three-inch
compacted depth of bituminous stabilized base shall be constructed.
After a minimum of six months, a saw shall be used to cut the bituminous
pavement in neat, straight lines a minimum of six inches beyond the
perimeter of the existing trench or to the nearest construction joint
of the existing roadway if within two feet of the new trench. In the
case of a concrete road that has not been overlaid, recutting the
concrete will not be required if the original cut is satisfactory
and remains undamaged during the course of the work. The trench shall
then be excavated to a depth of nine inches and all adjacent surfaces
of said trench shall be tack coated. A seven-inch (two lifts) compacted
thickness of bituminous stabilized base, and a two-inch compacted
thickness of bituminous concrete surface course mix no. I-5 as specified
by the Borough Engineer shall then be constructed level with the adjacent
paved surfaces.
G.
Where openings are made in unpaved shoulder areas, the trench backfill
shall be compacted to a level six inches below the top of the adjacent
shoulder surfaces. A six-inch compacted depth of dense-graded aggregate
base course shall then be constructed. After a minimum of six months,
the shoulder area shall again be compacted and redressed with a compacted
layer of dense-graded aggregate base course.
H.
Where existing or proposed manholes are located in disturbed shoulder
areas, a minimum of two inches of bituminous concrete surface course
mix no. I-5 shall be placed eight feet on both sides of the manhole
casting on six inches of dense graded aggregated base course. The
width of the pavement shall vary to the dimensions of the existing
shoulder.
I.
All openings beyond the shoulder areas shall be brought to grade
with compacted backfill. After a minimum of six months, a minimum
thickness of four inches of topsoil shall be constructed in the trench
area and seeded, fertilized, and mulched or sodded. Should a proper
growth not be achieved, the area shall be refertilized, reseeded and
remulched or resodded as necessary.
J.
Tunneling may be permitted for the installation of conduits along
or crossing a municipal road. All voids created by tunneling shall
be filled with concrete by an approved method.
K.
Repair of Borough facilities, other than pavements, shoulders or
lawn areas, which are disturbed as a result of work performed under
the permit, shall be as required by the Borough Engineer or his authorized
representative.
L.
If dust, dirt, air pollution, poor tidiness or detrimental material
are allowed to exist or occur as a result to the work, the Borough
Engineer may stop all work until the situation is corrected.
|
Chart for Trench Widths (in feet) to be Used to Compute
Deposit Fees
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Depth
(feet)
|
4" Pipe
|
8" Pipe
|
10" Pipe
|
16" Pipe
|
24" Pipe
|
36" Pipe
|
48" Pipe
|
60" Pipe
|
|
0 to 6
|
4.0
|
4.0
|
4.5
|
5.0
|
6.0
|
7.5
|
9.0
|
10.5
|
|
6 to 8
|
4.0
|
4.5
|
5.0
|
5.5
|
6.5
|
8.0
|
9.5
|
11.0
|
|
8 to 10
|
4.5
|
5.0
|
5.5
|
6.0
|
7.0
|
8.5
|
10.0
|
11.5
|
|
10 to 12
|
5.0
|
5.5
|
5.5
|
6.0
|
7.0
|
8.5
|
10.0
|
12.0
|
|
12 to 14
|
5.5
|
6.0
|
6.0
|
6.5
|
7.5
|
9.0
|
10.5
|
12.0
|
|
14 to 18
|
6.0
|
6.5
|
7.0
|
7.5
|
8.5
|
10.0
|
11.5
|
12.5
|
|
18 to 20
|
6.5
|
7.0
|
7.5
|
8.0
|
9.0
|
10.5
|
12.0
|
13.0
|
|
20 to 22
|
7.0
|
7.5
|
8.0
|
8.5
|
9.5
|
11.0
|
12.5
|
13.5
|
The bottom of sign shall be a minimum height of seven feet off
the edge of the pavement. Installation shall be free of obstruction
from trees and utility poles.
A.
Any person, firm or corporation who shall not comply with any order
issued in accordance with the provisions hereof as provided herein
or who shall violate any of the provisions of this chapter shall,
upon complaint of the Borough Clerk or any other person and upon conviction
in the Municipal Court of the Borough, forfeit and pay a fine of not
more than $1,000 or any such person, whether he or she is an individual
or a partner or officer in a firm or corporation, may be imprisoned
in the county jail for not more than 90 days, or by a period of community
service not exceeding 90 days. All such fine and imprisonment is the
discretion of the Judge before whom such person may be brought. Each
day that a violation is permitted to exist shall constitute a separate
offense.
B.
The High Bridge Police Department shall be responsible for the enforcement
of provisions contained in this article.
