Borough of Red Bank, NJ Article IX Excavations and Openings in Streets

[Adopted 2-13-2006 by Ord. No. 2006-1]

§ 608-30 Permit required.

No person, company, firm or corporation shall remove, excavate, dig or in any way disturb the surface of any street for any purpose without first obtaining a written permit for so doing from the Director of Public Utilities.

§ 608-31 Application for permit.

Application for permit shall be made to the Director and shall contain the following information:

A. Name and address of the applicant.

B. Name of the street where the opening is to be made and the street number(s), if any, of the abutting properties.

C. The Borough of Red Bank Tax Map block and lot number(s) of the properties for the benefit of which the opening is to be made.

D. Nature of the surface in which the opening is to be made.

E. Character and purpose of the work proposed.

F. Time when the work is to be commenced and completed.

§ 608-32 Issuance of permit.

Permits shall be issued under the authority of the Director and in accordance with the provisions of this article and the regulations which the Director may establish. The Director shall determine the initial time limit during which the permit shall be valid.

§ 608-33 Contents of permit; filing.

Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the estimated dimensions of the opening and the period during which the permit shall be valid and the date by which temporary surface restoration must be made. The original of each permit shall remain on file with the Director.

§ 608-34 Fee; bond.

Fees shall be paid simultaneously with the submission of the permit application. Applicants shall be charged a permit fee of $100 for each opening permit. In addition, the applicant shall be required to post a performance guarantee in the form of cash or an approved surety bond in the amount of $1,000, provided that the estimated dimensions of the opening are 120 square feet or less, and in the amount of $1,000 plus $10 per square foot for each square foot of openings estimated to exceed 120 square feet, to insure the restoration of the street in accordance with the requirements of this article. A public utility company, in lieu of giving a separate bond for each project, may annually, once in January of each year, post a bond in an amount sufficient to encompass the estimated work performed by said utility during the ensuing calendar year. In the event that the actual street opening work exceeds the posted bond amount, additional bonds and/or cash security will be required.

§ 608-35 Rules and regulations.

All permits issued under this article shall be subject to the following rules and regulations:

A. All excavations shall be kept properly barricaded by the permittee at all times. No excavation work area shall be open overnight. This regulation shall not excuse the permittee from taking any other reasonably necessary precaution for the protection of persons or property.

B. All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Police Department. The Police and Fire Departments shall be informed of all street closings at least 24 hours in advance.

C. The Director may, upon application by the permittee, extend the time limit during which the permit shall be valid.

D. No work shall be done in such a manner as to interfere with any water main or sewer line, or any connection with either the same, from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Director. No work shall be carried on in such a manner as to result in destruction or damage of any property of the Borough unless this is necessary for completion of the work and permission has been obtained in advance from the Borough department or agency having jurisdiction over such property.

E. Pavement shall be cut with mechanical pavement cutters, saws or other like tools. The edges of the opening shall be kept as square and clean-cut as possible. The paved roadway surfaces shall be cut vertically on a straight line at least 12 inches beyond the outer limits of the trench before excavating to avoid undermining the adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface and in such a manner and to such depth and width as will give suitable room for bracing and supporting, pumping and drainage at the permittee's discretion.

F. All applications for excavations exceeding four feet in depth shall be accompanied by engineering documents showing how the excavation will be supported from sidewall collapse and how adjacent property and structures shall be protected.

G. No trench may be backfilled until such time as the Director or his designee has inspected the subterranean installations and approved same.

H. All excavations shall be completely backfilled at the end of each working day by the permittee. As much as possible of suitable material excavated shall be replaced. Rocks larger than six inches in diameter may not be included in backfill. Such material shall be compacted by tamping or other suitable means in a manner prescribed by the Director. Where the Director determines that the excavated materials are unsuitable for backfill, the permittee shall back fill the excavation with suitable material approved by the Director. Backfill shall be placed in layers not exceeding six inches in depth and thoroughly compacted to a minimum 90% modified proctor density. Consolidation will not be acceptable as a method to achieve the soil densities specified. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Director determines that any backfilled excavation has settled or caved in, he shall so notify the permittee, who shall promptly continue backfilling until the Director determines that settlement is complete.

§ 608-36 Restoration of surface.

Restoration of the various roadway surfaces shall be in accordance with the following rules and regulations:

A. Bituminous concrete roads.

(1) Following compaction, the permittee shall install no less than six inches of dense-graded aggregate followed by eight inches of bituminous stabilized base course to the trench. If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense-graded aggregate followed by eight inches of bituminous stabilized base course in the entire area.

(2) The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. The permittee shall have the responsibility to monitor and maintain the trench so that a depression does not develop. If at any time during the settlement period the trench becomes unacceptable in the view of the Department of Public Works or Borough Engineer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 24 hours of such notification by the Director of Public Works. In the absence of such repair, the Borough may use bond fees to repair said trench. If the total charges are not recouped from the permittee's performance guarantee, they may be recovered by an action in any court of competent jurisdiction.

(3) Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in Subsection A(4) of this section and install no less than two inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous concrete surfaces and a hot-poured, rubber asphalt joint sealer per Section 908 of DOT Standard Specifications for Roads and Bridges.

(4) All longitudinal excavations shall require milling and restoration of the excavation work area extending from the curb or edge of pavement to the center line of the road and/or a minimum of one foot beyond the outer edges of the excavation, whichever is greater. Square excavations shall require milling and restoration extending one foot beyond the outer edges of the excavation. Individual excavations less than 120 square feet shall be restored via the "infrared" method. If square excavations are located within 50 feet on center, full curb-to-center-line restoration for the entire distance between excavations shall be required.

(5) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work.

(6) With Department of Public Utilities approval, the center line of road milling and restoration may be offset by the distance necessary to avoid disturbing the existing line striping or markers.

B. Concrete roads.

(1) Following compaction, the permittee shall install no less than six inches of dense-graded aggregate base course to the trench. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense-graded aggregate in the entire area.

(2) The permittee shall install #3 longitudinal and transverse reinforcing bars as shown on Detail "B" (two rows spaced four inches part).[1] Steel dowels (18 inches long, 1 1/8 inch diameter epoxy coated) shall be set in pre-drilled holes in the existing concrete pavement spaced very two feet along the cut edge, as per Bar Embedment Detail in Detail "B." Following approval by the Borough Engineer, the permittee shall then follow with eight inches of 4,000 per square inch concrete, bring the finished trench to grade. If concrete has been overlaid with asphalt, the same thickness of asphalt present (minimum two inches) shall be installed.[2]

[1] Editor's Note: Detail "B" is included as an attachment to this chapter.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

(3) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work.

C. Granite paver crosswalks and intersections.

(1) Following compaction, the permittee shall install no less than six inches of dense-graded aggregate base course to the trench. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense-graded aggregate base course in the entire area.

(2) The permittee shall follow with matching brick pavers approved by the Department of Public Works, 2 1/4 inches thick on a one-and-one-half-inch sand setting bed leaving a separation for swept-in sand.

(3) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work.

§ 608-37 Permit conditions and regulations.

A. Transferability. Every permit shall apply to the person to whom it is issued and shall not be transferable.

B. Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate.

C. Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Director, must be kept in the possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Director or to any police officer of the Borough.

D. Revocation of permit.

(1) The Director may revoke a permit for any of the following reasons:

(a) Violation of any provision of this article or any other applicable law, ordinance, regulation, or code.

(b) Violation of any condition of the permit issued.

(c) Carrying on the work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.

(2) When any permit is revoked, the Director may provide in his decision that the revocation shall not become effective if the permittee corrects the conditions which led the Director to move to revoke the permit.

§ 608-38 Power to make additional rules and regulations.

The Director may make any rules and regulations which he considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provisions of this article, or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they shall be approved by resolution of Borough Council. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit.

§ 608-39 Exceptions.

The provisions of §§ 608-30 through 608-34 of this article shall not apply to any Borough department, nor any person, company, firm or corporation who performs work under contract to the Borough. A written permit will be obtained, but the fee schedule shall not be applicable. All work for which plans and specifications have been prepared by the Borough Engineer shall be performed under the authority of the Borough Engineer. The Director of Public Utilities shall be consulted and informed regarding any work performed.

§ 608-40 Approvals required; Borough Engineer authority over work.

Any person, company, firm or corporation who has applied and received approval before the Planning or Zoning Board of the Borough shall apply for the permit required under this article and shall pay the appropriate fee. Prior to granting approval to any applicant, the Planning or Zoning Board must consult with the Director of Public Utilities regarding any activity covered under this article. Such work shall be performed under the authority of the Borough Engineer.

§ 608-41 Insurance and indemnification.

The following requirements shall pertain to every applicant for a street opening permit.

A. Every application for a street opening permit must be accompanied by a certificate of insurance demonstrating that the applicant possesses personal injury liability insurance in the amount of $1,000,000 combined single limit and property damage liability insurance in the amount of $500,000 per occurrence. Said insurance shall be maintained by the permittee during the period of construction. Utility companies may file an annual certificate showing proof of coverage.

B. Every application for a street opening permit shall contain an agreement by the applicant, in writing, to indemnify and hold harmless the Borough of Red Bank, its agents, servants and employees, including its reasonable attorney's fees, resulting from any damage or liability, sustained by any person or property arising out of the activities of the permittee or its agents, servants and employees in conjunction with the work authorized by said street opening permit.

§ 608-42 Inspections.

Except in the case of an emergency, the permittee shall be required to notify the Director prior to opening any street. The purpose of such notification is to enable the Director to cause his designated inspector to be at the site prior to commencement of the street opening. Inspections will be required prior to any backfilling, temporary surface restoration and final surface restoration. A schedule will be maintained by the Director for the purpose of enabling permittees to make appointments with the inspector for the purpose of conducting the requisite inspections hereunder. No performance guarantees will be returned until such time as the Director has satisfied himself that the permittee has complied with all of the requirements of this article relative to opening, backfilling and restoration of the street surface.

§ 608-43 Notice and inspections.

Forty-eight hours prior to the commencement of work, the permittee shall notify the Department of Public Utilities and request that an inspector be present to observe the excavation and restoration. The permittee shall also call for a utility markout prior to undertaking any excavating activity.

§ 608-44 Inspection fees.

At the time of submission of the permit application, a nonrefundable inspection fee of $150 for each opening permit shall be deposited with the Borough of Red Bank to defray the cost of inspections.

§ 608-45 Maintenance procedures.

Performance bond will be released when final pavement restoration is approved by the Department of Public Utilities. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. As such, the Borough shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year period. If an inspection reveals that the restored excavation area becomes unacceptable, the Department of Public Works shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair the trench within this time limit, the Borough will utilize the permittee's cash retainage and maintenance bond to pay for the cost of the repairs. Upon termination of the two-year maintenance period, any remaining portions of said maintenance bond that has not been expended shall be returned to the permittee without interest.

§ 608-46 Emergency action.

[Amended 6-26-2006 by Ord. No. 2006-33]

In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of individuals, such owner, operator, or person responsible for the affected utility may engage only in such work or excavations reasonably necessary to alleviate such emergency. However, such owner, operator or person responsible shall apply for an excavation permit not later than the end of the next succeeding day during which the Department of Public Utilities is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit.

§ 608-47 Newly paved streets.

A. Notice of improvements. Before any street is improved or paved, the Borough shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. Such notice shall state that all connections and repairs to utilities in the street and all other work which requires excavation of the street, including the installation of sewer laterals and other utility connections from sewer, gas or water mains to the curbline of unimproved lots, shall be completed within 30 days of the receipt of notice. The time for the completion of the work may be extended, in writing, by the Director upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in this article,except that there will be no requirement of posting a performance guarantee for the street restoration.

B. Restrictions on excavation.

(1) For a period of three years following the completion of the street improvements causing notice to be issued pursuant to this article , no person to whom such notice was given shall be issued a permit to excavate the newly improved street unless its issuance is approved by Borough Council.

[Amended 6-26-2006 by Ord. No. 2006-33]

(2) Subsection B(1) of this section shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given, or where the public health or safety requires the performance of the work in question.

(3) The Borough Engineer shall submit a report to the Mayor and Council biannually describing all road openings that occur during the three-year moratorium period described in Subsection B(1) of this section.

§ 608-48 Fines and restitution.

A. Any person violating any provision of this article shall be subject to a fine in an amount not to exceed $2,000 or 90 days in prison, or both; and

B. In addition to any fines authorized by this article, any person who violates any provision of this article shall be liable to pay restitution to the Borough for all of its costs to repair or restore the street in accordance with the standards set forth in this article, as well as its costs resulting from enforcement of any provision of this article, including but not limited to costs of suit, including reasonable attorney's fees, witness fees and costs of investigation.