[HISTORY: Adopted by the City Council of
the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 6, Art. III, Secs. 16:3-1
through 16:3-10, of the 1968 Code. Amendments noted where applicable.]
[Added 7-16-2012 by Ord. No. 21-2012[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
Residents along any street between cross street to cross
street or cross street to dead end where a roadway opening is being
made.
Work required to be performed by a utility company in order
to preserve public safety, life and property.
Chapter 184, Noise Pollution, of the East Orange Municipal Code.
[Amended 5-27-1986 by Ord. No. 25-1986]
No person shall open, dig or excavate any street,
avenue, sidewalk or public place, or take up, obstruct or disturb
the pavement, curbing, guttering, flagging or other surface laid thereon,
or dig, excavate or disturb the subsurface thereof in any way for
any purpose whatsoever, without first obtaining from the Director
of Public Works a permit therefor, provided that no such permit shall
be required for opening, digging, excavating, taking up, obstructing,
disturbing or other act in pursuance of some statute, franchise or
grant of the state; and provided, further, that, in case of accident
or emergency requiring immediate action, such permit may be obtained
within 24 hours after the work thereunder is begun.
[Added 7-16-2012 by Ord. No. 21-2012[1]]
No person shall be granted a permit to open any street unless
he shall furnish a certificate of insurance from a responsible insurance
company authorized to do business in New Jersey, to be filed with
the Director of Public Works, showing that he is adequately insured
against liability and property damage claims. The minimum amount of
such comprehensive public liability insurance shall be $1,000,000
for each claim for bodily injury, $3,000,000 for multiple claims for
bodily injury arising from a single accident and $1,000,000 for property
damage for a single accident. As such insurance shall remain in full
force and effect throughout the effective period of the permit as
well as any authorized extensions thereof, all such insurance shall
carry an endorsement to the effect that the insurance company will
provide at least 10 days' written notice to the City prior to any
modification or policy cancellation. The City shall be named as additional
insured on all such insurance certificates or the certificate shall
contain adequate cross-indemnification provisions in favor of the
City. The certificate of insurance shall be in legal form satisfactory
to the Corporation Counsel.
[Amended 5-27-1986 by Ord. No. 25-1986; 7-16-2012 by Ord. No. 21-2012]
The Director of Public Works, upon application
therefor, shall issue permits for such acts referred to in the preceding
section, subject to the conditions of this chapter. All permits shall
have a duration of 60 days with one thirty-day extension. No extension
shall be granted which allows permits to expire past the street opening
moratorium date. There shall be a street opening moratorium for nonemergency
street openings beginning on November 15 of each year and ending on
January 31 of the following year. In the event of an emergency, the
requirements pertaining to permitted roadway openings can be waived
at the sole discretion of the Director of Public Works.
[Amended 9-12-1983 by Ord. No. 32-1983; 11-14-1983 by Ord. No. 44-1983]
A.
Utility companies. The applicant for a permit under
this chapter, if a utility company operating under the jurisdiction
of the Public Utilities Commission, shall first pay to the Collector
of Taxes a nonrefundable permit fee for each square foot of roadway
opening, based on a chart entitled "Roadway Opening, Permit Fees,
(Utility Company), City of East Orange" which is attached hereto and
made part hereof;[1] and/or $3 for each square foot of roadway opening involving
a vault or manhole; and/or $0.25 for each square foot of sidewalk
opening; and/or $2 for each square foot of sidewalk opening involving
a vault or manhole. All such utility companies shall also provide
the City of East Orange with a performance bond in the amount of $50,000
at the time that application to perform the roadway opening is submitted
to the City for approval. The surety shall be issued by a firm licensed
to sell surety bonds in the State of New Jersey. All such utility
companies shall also provide the City of East Orange with a one-year
maintenance bond for each roadway opening made in the amount of $10,000.
The surety shall be issued by a firm licensed to sell surety bonds
in the State of New Jersey.
[Amended 7-16-2012 by Ord. No. 21-2012]
[1]
Editor's Note: Said chart is on file in the
office of the Director of Public Works.
B.
Other applicants. All other applicants for a permit
under this chapter shall first pay to the Collector of Taxes a nonrefundable
permit fee of $1 for each square foot of roadway opening and/or $0.25
for each square foot of sidewalk opening.
C.
Receipt and filing of plan. All applicants, including
utility companies, shall, upon paying the required fee or fees, obtain
a written receipt therefor and present the same to the Director of
Public Works along with a plan showing the extent and location of
the work to be done and the time when it will be commenced and completed.
[Amended 5-27-1986 by Ord. No. 25-1986]
The permit issued pursuant to this chapter shall
state, in effect, that the receipt has been presented and plan filed
as aforesaid and shall recite the time within which the work shall
be completed.
[Amended 9-12-1983 by Ord. No. 32-1983; 7-16-2012 by Ord. No. 21-2012]
No permit required by this chapter shall be
issued unless, at the time of application therefor, there shall be
deposited with the Collector of Taxes and Revenue such sum as shall
be reasonably sufficient to cover the cost and expense to the City
of supplying the necessary material and labor or otherwise providing
for repairing, repaving, replacing or otherwise restoring such street,
avenue, highway or public place so opened, dug, taken up, obstructed,
excavated or disturbed, and providing against future subsidence thereof.
The amount of such deposit shall be $4 for each square foot of roadway
opening; $6 for each square foot of roadway opening involving a vault
or manhole; $1 for each square foot of sidewalk opening; and $4 for
each square foot of sidewalk opening involving a vault or manhole.
An inspection fee of $50 shall be charged for all sidewalk, driveway,
curb and leader drain work. For all roadway opening work, a fee of
$75 shall be charged. This fee shall be paid at the time the permit
is applied for. In the event that the inspection time exceeds three
hours in the aggregate, an additional charge of $20 per hour for inspection
time shall be charged.
[Amended 5-27-1986 by Ord. No. 25-1986; 7-16-2012 by Ord. No. 21-2012]
One hundred percent of the balance of such deposit,
if any, shall, one calendar year after the date of approval of such
work, be paid to the applicant for such permit upon the presentation
to the Chief Financial Officer, in writing, of such approval by the
Director of Public Works.
[Amended 5-27-1986 by Ord. No. 25-1986; 7-16-2012 by Ord. No. 21-2012]
The Director of Public Works may accept from
an applicant for a permit under this chapter, in lieu of the deposit
required by this chapter, a bond in amount and with surety satisfactory
to the Director of Public Works, conditioned for the payment by the
applicant to the City, upon the written demand of the Director of
Public Works, of a sum sufficient to cover the cost and expense to
the City of supplying the necessary material and labor or of otherwise
providing for repairing, repaving, replacing or otherwise restoring,
as aforesaid, such street, avenue, highway or public place, and of
the cost of repairing any future subsidence thereof in the event of
such work being caused to be done, in whole or in part, by the Director
of Public Works. In the case of persons who, in the ordinary course
of their business, require permits from time to time during a stated
period, the Director of Public Works may accept, in lieu of the deposit
or bond required by this chapter for such permit, a general bond in
amount and with surety satisfactory to the Director of Public Works,
covering the work, in whole or in part, to be done under any and all
permits issued during such stated period and conditioned as aforesaid.
All surety bonds shall have an effective date that coincides with
the date of issue of the permit and a life of one calendar year.
[Amended 5-27-1986 by Ord. No. 25-1986; 7-16-2012 by Ord. No. 21-2012]
Excavations or openings, after the purpose thereof is accomplished,
shall consist of the excavation of the roadway surface course, intermediate
course, base course and subbase, the placing of pipe or conduit in
the trench and backfilling and paving.
A.
Materials. Materials shall be as specified herein and shall conform
to the current version of the New Jersey Department of Transportation
Standard Specifications, as amended and supplemented.
B.
Method of construction.
(1)
A neat line shall be saw cut in the pavement. The saw cut line shall
extend five feet beyond the width of the trench on each side of the
trench. See details below:
Plan View - Horizontal and Vertical Cuts
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Plan View - Mixed
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Plan View - Mixed Cut
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Section through Trench
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(2)
The existing pavement, base and subbase material shall be excavated
in such manner and using such equipment so as to prevent damage to
existing utility lines and conduit which are to remain. The excavation
of material within the vicinity of utility lines shall be performed
by hand. All material removed from the trench shall be immediately
removed from the site.
(3)
The utility company/contractor shall replace/install its pipe or
conduit. Prior to the installation of conduit or pipe, the contractor
shall place a layer of pipe bedding, Class "B" or three-fourths-inch
crush stone, six inches below the pipe. The stone shall be thoroughly
compacted. Pipe should then be installed. Pipe bedding, Class "B,"
shall be placed a width of 18 inches on each side of the pipe and
above the pipe for a distance of two feet. Work should not be performed
on wet, muddy or frozen areas. All irregularities must be corrected.
C.
Backfill.
(1)
The contractor shall provide subbase as described in Section 208
of the NJDOT Standard Specifications. Material shall be free of clay,
large stones and organic matter.
(2)
Backfill shall be placed in six-inch lifts and compacted to 95% dry
density. Backfill shall be placed until a space of 10 inches exists
between the top of the compacted backfill and the finished grade of
the roadway.
(3)
A concrete base course, eight inches thick, as described in Section
305 of the NJDOT Standard Specifications, shall be poured, properly
worked and allowed sufficient time to adequately cure. During the
time that the concrete is setting up, the contractor shall provide
adequate safeguards in the form of steel plates to cover the trench
and or sufficient barricades with flashing lights and signage as necessary
to warn and direct vehicular and pedestrian traffic. Next, apply tack
coat, at the rate of 0.08 to 0.15 gallon per square yard to the top
of the concrete base and all edges of the trench. Special care should
be taken to ensure that all trench edges are thoroughly coated with
tack coat prior to the placement of the Mix I-5.
(4)
Place hot mix asphalt surface course Mix I-5, two inches thick. Meet
existing grade, do not exceed grade level by more than 1/4 inch at
center of trench. Compact and roll thoroughly.
(5)
Permanent pavement shall be placed immediately after the concrete
base is sufficiently cured. All work shall be done to the satisfaction
and approval of the Director of Public Works within the time limited
in the permit. Failure to complete the permitted work within the time
frame shown on the permit will result in liquidated damages of $50
per calendar day being assessed against the permittee. The applicant
warranties the street opening repair for a period of one year from
the date of final inspection and acceptance.
[Amended 5-27-1986 by Ord. No. 25-1986]
In the event of the failure of the applicant
to restore the surface to its original condition, the Director of
Public Works may, at the option of the Director of Public Works, cause
the excavation or opening to be filled, rammed, packed and puddled
and the surface replaced and restored, either in whole or in part,
and the expense thereof or incurred thereby, including the cost of
any new material, shall be deducted from the deposit theretofore made.
The City shall, in addition to any sums so deducted, retain 15% of
such deposit, which 15% is hereby estimated to be the cost of repairing
any future subsidence of such surface, and such sums so deducted or
retained shall be reported by the Director of Public Works to the
Collector of Taxes.
All excavations or obstructions shall be properly
guarded or caused to be so guarded by the permittee under this chapter
and shall be provided with safety lights at night from the time when
the work shall be commenced until the work is completed.
[Added 7-16-2012 by Ord. No. 21-2012; amended 4-25-2016 by Ord. No. 16-2016]
All traffic control plans shall comply with the latest edition of New Jersey Department of Transportation Specifications for Roads and Bridges, Sections 617.09 and 617.10, and with the Manual of Uniform Traffic Control Devices, Part 6. All road construction, traffic control or public safety functions required which interfere with motor vehicle traffic on City streets (curb to curb) shall require the use of a uniformed police officer. The applicant is required to contact the East Orange Police Department, Outside Employment Unit, at least 48 hours in advance of opening to schedule traffic protection.
[Added 7-16-2012 by Ord. No. 21-2012]
A.
Any party making an excavation in the City's right-of-way shall notify,
in writing, residents of properties abutting the proposed work area.
This notification shall contain the following:
B.
A copy of the written notice is to be provided to the Department
of Public Works at the time the roadway opening permit is applied
for. This notice shall be delivered to each property on the street
where the work is to be done at least 24 hours before work is scheduled
to commence. All contractors are to follow the City's Noise Ordinance
during the prosecution of their work. For emergency work, the notice
is to be delivered on the day that work is being done.
[Added 7-16-2012 by Ord. No. 21-2012]
There shall be a penalty of $250 for all nonemergency street
openings made without a valid permit. There will be a penalty of $100
for failure to submit a permit application for an emergency roadway
opening within 24 hours of street opening. There will be a penalty
of $100 for failure to adequately notice affected residents and the
Department of Public Works of proposed work.
