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