[1]
Editor's Note: For state statute authorizing a municipality
to enact ordinances to prescribe the time, manner in which, and terms
upon which, persons shall exercise any privilege granted to them in
digging up streets and highways, see N.J.S.A. 40:67-1c.
[Ord. No. 2-62, § 1]
No person shall remove, dig, disturb, excavate, or take up,
or use, or procure to be removed, disturbed, excavated or dig up the
pavement, curb, flagging or other surface of any public street, sidewalk,
or other public place without first having obtained a permit as herein
required or without complying with the provisions of this article
or in violation of or variance from the terms of any such permit.
[Ord. No. 2-62, §§ 2, 3]
(a)
Application shall be made in writing for said permit on forms provided
by the Borough and filed with the Borough Clerk. Said application
shall state the purpose thereof, such as an opening or excavation
for sewer, water, gas, telephone or any other purpose.
(b)
The applicant shall submit a plan in duplicate to the Borough Clerk
with the application showing the work to be done pursuant to the provisions
of this article.
[Ord. No. 2-62, § 3; Ord.
No. 5-97, § 1; Ord. No.
4-2020, § 1]
(a)
The Borough Clerk shall submit the plan referred to in Section 20-10
to the Borough Engineer or Public Works Superintendent, as appropriate.
(b)
Upon the approval of the Borough Engineer or Public Works Superintendent,
as appropriate, being endorsed upon the said plan and a copy thereof
so endorsed returned to the Borough Clerk to be retained with the
application, the Borough Clerk shall issue the permit.
(c)
If the Borough Engineer or Public Works Superintendent, as appropriate,
shall refuse to approve the plan as submitted or revised by agreement
between the applicant and the Borough Engineer or Public Works Superintendent,
as appropriate, no permit shall be issued unless, upon submission
to it of the application and plan, the Council shall so order by resolution.
Said resolution may specify conditions upon which the permit may be
issued, including a limitation of time within which all work must
be completed.
[Ord. No. 2-62, §§ 2, 4; Ord. No. 5-97, § 2; Ord.
No. 4-2020, § 2]
(a)
The issuance of the permit required by Section 20-9 shall not carry
with it the right to make sewer, water or gas connections. A separate
permit to make such connections must be obtained.
(b)
Subsequent to the approval of the plan, no changes therein or deviations
therefrom shall be permitted without the approval of the Borough Engineer
or Public Works Superintendent, as appropriate.
(c)
Upon completion of the work the applicant shall file a revised plan
with the Borough Clerk, showing in full detail the work actually done
with the approval of the Borough Engineer or Public Works Superintendent,
as appropriate, endorsed thereon.
[Ord. No. 2-62, § 14; Ord.
No. 5-62, § 1; Ord. No. 15-80, § 1]
(a)
No permit shall be granted or issued to any applicant until a payment
to the Borough is made in such amount as the Borough Engineer shall
estimate and certify to the Borough Clerk as necessary to defray expenses
to the Borough for inspection and the cost of replacing the pavement,
curbing and sidewalks. By inspection fees is meant the cost of supervision
by the Borough. Material testing when ordered by the Borough Engineer
or, in case of a dispute, by the Borough Council shall be paid for
by the applicant.
(b)
Whenever the cost of replacement of pavement, curbing and sidewalks
as described under Paragraph (a) above is $1,500 or less, then, in
lieu of a payment to the Borough for the cost of said replacement,
a property owner may execute a form prepared by the Borough wherein
such payment is waived; however, any and all costs incurred by the
Borough to correct any deficiencies or to make such replacements shall
become a tax lien.
(c)
In lieu of a payment to the Borough for cost of replacing the pavement,
curbing and sidewalks, a public utility corporation having a number
of openings to make in the streets, highways, alleys or public places
in the Borough may file a bond, satisfactory in form, amount and surety
to the Council, with the Borough Clerk, which bond shall be conditioned
upon any such opening or openings being satisfactorily completed in
the manner required in this article. The filing of such bond shall
not relieve the public utility corporation of the necessity of securing
a permit and paying the inspection fees and otherwise complying with
all the other terms and conditions of this article.
[Ord. No. 2-62, §§ 5, 6; Ord. No. 8-87, § 1; Ord. No. 5-97, § 3; Ord. No. 4-2020, § 3]
(a)
The Borough Engineer or Public Works Superintendent, as appropriate,
shall be notified in writing by the applicant at least 48 hours before
work is commenced, stating the exact date and time the same shall
commence.
(b)
All work, openings and installation shall be under the direction
of the Borough Engineer or Public Works Superintendent, as appropriate,
and all instructions given by him shall be faithfully and promptly
complied with.
[Ord. No. 5-97, § 5]
In the event of any emergency in which a sewer, water main,
conduit or utility in or under any street breaks, bursts or is otherwise
in such condition as to immediately endanger the property, life, health
or safety of any individual, the person or entity owning or controlling
such sewer, water main, conduit or utility, without first applying
for and obtaining an excavation permit, shall immediately take proper
emergency measures to cure or remedy the dangerous condition for the
protection of property, life, health and safety of individuals. However,
the person or entity owning or controlling the facility shall apply
for an excavation permit not later than the end of the second succeeding
day during which the Borough Clerk's office is open for business
and shall not proceed with permanent repairs without first obtaining
an excavation permit.
[Ord. No. 2-62, § 9; Ord.
No. 6-63, § 1; Ord. No. 5-97, §§ 6, 7,
8; Ord. No. 4-2020, § 4,
5, 6, 7, 8]
The permittee shall comply with the following general specifications:
(a)
Shoulder openings. Trenches for the construction of gas, water, sewer,
telephone or other installations shall be excavated so that the near
side of the trench shall be at least three feet from the edge of the
pavement. The permittee shall be responsible for furnishing and putting
in place at his own cost and expense such shores, braces, sheeting
and the like as necessary for the safety of the work or the public.
It shall be removed as the work progresses in such manner as to prevent
the caving in of the side of the trench. French drains or any roadway
installations that are removed, damaged or destroyed shall be replaced
by the permittee, using new materials.
(b)
Backfill requirements for shoulder openings. The permittee shall
backfill the trench in layers not over six inches in depth and each
successive layer shall be thoroughly compacted by a power-operated
tamper or a trench roller where possible. When the trench has been
backfilled to within 10 inches of the existing grade, the remainder
of the trench, after properly preparing and rolling the subgrade,
shall be filled with six inches of two-and-one-half-inch stone, filling
all voids with stone dust, and four inches of shoulder stone, in that
order, each operation being thoroughly rolled. If further settlement
occurs in the trench, from time to time it shall be brought to grade
with additional shoulder stone and rolled. Should the excavated material
prove unsatisfactory for backfill in the opinion of the Borough Engineer
or Public Works Superintendent, as appropriate, it shall be removed
from the site and replaced with material, such as bank run sand or
gravel, approved by the Borough Engineer or Public Works Superintendent,
as appropriate. All surplus material remaining after backfill shall
be removed from the site. Embankments disturbed shall be handgraded
to a one-to-one-and-one-half slope and, if the original slope was
in grass, shall be topsoiled and reseeded. Damage caused to the pavement
adjacent to the trench and on the opposite side of the road shall
be repaired to the satisfaction of the Borough Engineer or Public
Works Superintendent, as appropriate. The use of any bucket with teeth
in removing dirt deposited on the pavement is forbidden. Under no
conditions shall any installation be made through the flow area of
any storm sewer, catch basin, culvert or bridge. Where, in the opinion
of the Borough Engineer or Public Works Superintendent, as appropriate,
the soil is satisfactory for puddling, the backfill shall be puddled.
When directed by the Borough Engineer or Public Works Superintendent,
as appropriate, the road shall be swept with an approved street sweeper
and, when directed by said official, the dust shall be controlled
by sprinkling the same with water or spreading calcium chloride.
(c)
Pavement replacement (temporary) and backfill requirements for pavement
openings. Pavement openings are herein defined as openings in the
traveled roadway or between curbs where curbs exist on a street. After
the width of the trench has been determined, the outlines shall be
marked on the pavement. A pavement cutter shall then be used to cut
through the pavement before the trench-digging machinery shall operate.
Insofar as these may apply, the general specifications for shoulder
openings shall control the excavation of pavement openings excepting
that there shall be a temporary pavement consisting of eight inches
of 2 1/2 inch stone filling all voids with stone dust which shall
then be covered with a layer of bituminous concrete, FABC, 2 1/2
inches in thickness thoroughly compacted and finished to grade. Upon
any further settlement, the trench shall be brought to grade by adding
more bituminous concrete type FABC. When the trench is under the pavement,
the trench shall be back-filled with 2 1/2 inch stone or type
5, class A soil aggregate (commonly known as quarry-processed stone)
conforming to New Jersey state highway specifications. The back-filled
material shall be placed in layers not exceeding six inches in depth
and each layer shall be thoroughly compacted by a trench vibrator.
However, a cushion of sand shall be used around and over the pipe
not exceeding eight inches above the crown of the pipe.
(d)
Pavement replacement (permanent). When in the opinion of the Borough
Engineer the settlement of the backfill has ceased, the pavement on
all sides of the opening shall be cut to a sharp line eight inches
back. If there are cracks of settlement beyond the trench, the entire
pavement from the side of the trench shall be cut out eight inches
back of the crack or settlement making cuts normal and parallel to
the trench. All material within these limits is to be then removed
to a depth of 4 1/2 inches below the existing pavement. All the
base within these limits shall be brought to a grade 4 1/2 inches
below the existing pavement. If additional stone is required because
of settlement, clean 2 1/2 inch stone shall be used. Filling
the voids with stone dust and this base course shall be rolled thoroughly
and true to grade. The edges of the pavement shall be painted with
bituminous material approved by the Borough Engineer. Upon this base
a modified penetration macadam course shall be constructed consisting
of clean 1 1/2 inch stone of such depth that after ultimate compression
it shall have a uniform depth of two inches. This course shall be
bound with bituminous binder consisting of tar grade RT-11 or RT-12
or asphaltic oil grade OA-4 applied at the rate of 1.65 to 1.85 gallons
of bitumen per square yard of surface coated. This bitumen shall be
applied from an approved pressure distributor. Crushed stone, 4/8
inch in size, shall then be applied at the rate of 25 pounds per square
yard and thoroughly rolled. Upon the modified penetration macadam
course there shall be constructed 2 1/2 inches of bituminous
concrete, type FABC, the same to the thoroughly rolled, the finished
surface to be neither higher or lower than the existing pavement.
Pavement openings shall be filled, paved and seal coated the full
width of the street for the length of the opening. All this work shall
be performed as directed by the Borough Engineer.
(e)
Driveway
openings. Driveway openings shall be replaced in kind, and the appropriate
specifications for shoulder openings or pavement openings shall govern
the replacement of the same.
(f)
Pavement
cuts in newly paved streets. No shoulder or pavement opening or excavation
shall be permitted within the surface of any public roadway, street
or right-of-way under the control of the Borough upon which a permanent
pavement replacement has occurred within five years of the date of
the permit application, except as set forth in Section 20-15.
[Ord. No. 2-62, § 11]
All work shall be performed in such a manner that all streets,
roads or thoroughfares shall be at all times accessible or the passage
of fire apparatus, mail delivery, police vehicles, ambulances and
all other emergency or essential equipment. Access to fire hydrants,
intersecting streets and private driveways shall be maintained at
all times during the course of the work. The permittee shall conduct
operations so as to cause as little interference to traffic as possible.
Trenches shall be opened for a distance of not more than 300 feet
in advance of the laying of the subsurface structure. Transverse openings
involving the full width of any roadway shall be made so that only
1/2 of the roadway will be obstructed at any one time. The complete
blocking of any road or thoroughfare is prohibited. Wherever possible,
services shall be driven or bored.
[Ord. No. 4-2020, § 10[1]]
(a)
It shall
be the responsibility of the person, firm, corporation, or municipal
or public utility permittee opening any street or roadway, or otherwise
endangering or obstructing the normal flow of traffic or normal flow
of surface water thereon, to fully protect both vehicular and pedestrian
traffic from possible accident or injury by the placing of watchmen,
suitable barriers, crosswalks, notices, warnings, caution signs by
day, flares and flashing lights at night, at the permittee's own expense
in accordance with the provisions of Title 39 of the Revised Statutes
of the State of New Jersey and in accordance with the recommendations
of the Chief of Police, Borough Engineer, and/or the Superintendent
of Public Works. Upon the recommendation of the Chief of Police, Borough
Engineer, and/or the Superintendent of Public Works, the Borough Council
may require the permittee to provide additional safeguards at the
permittee's expense when, in its opinion, such additional safeguards
are necessary for the protection of the public.
(b)
The person,
firm, corporation, or municipal or public utility permittee opening
any street or roadway, or otherwise endangering or obstructing the
normal flow of traffic or normal flow of surface water thereon, must
also post a sign stating "Temporary Construction Work" and including
on the sign the name of the permittee and its phone number. The sign
may only be removed upon completing the final top course of the roadway.
(c)
Any person,
firm, corporation, or municipal or public utility permittee performing
any street or roadway opening and excavation work in, over, or upon
any public road right-of-way or easement shall be totally responsible
for providing safe working conditions for its employees and the public.
These conditions include but are not limited to trench safety and
confined space entry. The permittee shall comply with all Occupational
Safety and Health Administration (OSHA) requirements and all Manual
on Uniform Traffic Control Devices (MUTCD). Furthermore, any person,
firm, corporation, or municipal or public utility permittee shall
comply with all applicable federal, state and local laws, statutes,
ordinances, and regulations, including, without limitation, all applicable
provisions of federal and New Jersey State labor laws. Observation
of the work by Borough personnel or agents is solely to determine
the review of the adequacy of construction and is not intended to
and shall not include, or be construed to include, the review of the
adequacy of the permittee's safety measures in, on or near the work
site.
[1]
Editor's Note: This ordinance also repealed former Section
20-18, Safeguards for protection of public, as amended.
[Ord. No. 2-62, § 10]
Where the street lines are uncertain, the permittee shall, if
ordered by the Council, have the street lines surveyed, by a surveyor
licensed in New Jersey, at the expense of the permittee in order that
the work be accomplished at the proper location within the road or
street right-of-way.
[Ord. No. 2-62, § 13]
The permittee shall consult with the Shade Tree Commission of
the Borough when the work to be performed endangers, or is likely
to endanger, the shade trees within the street right-of-way and shall
comply with the requirements of said Commission.
[Ord. No. 2-62, § 8; Ord.
No. 5-97, § 10]
If, in the opinion of the Public Works Superintendent or the
Borough Engineer, the work is not being performed in a satisfactory
manner or not in accordance with the provisions of this article or
with conditions under which the permit was issued pursuant to Section
20-11(c), he shall issue a stop notice to the permittee or the person
actually in charge of the work at the location thereof. Upon the issuance
of the stop notice, the progress of the work shall cease until the
defects are corrected to the satisfaction of the Public Works Superintendent
or the Borough Engineer, or, in the case of a dispute, until ordered
by the Council.
[Ord. No. 2-62, § 15]
The permittee in accepting a permit under this article shall
be deemed to have agreed to indemnify and save harmless the Borough,
its agents, servants and employees, from and against all suits, damages,
claims, demands and actions for any injury to any person or persons,
including injury causing death, and for any injury, damage or destruction
of property sustained by any party in, about or in connection with
the work or any part thereof, or any negligence in guarding the same,
or by or on account of any act of commission or omission on the part
of the permittee or permittee's employees, servants or agents.
In case of any such action being brought against the Borough, the
permittee, at the permittee's own cost and expense, shall immediately
take charge of and defend the same. The permittee shall file with
the Borough Clerk the necessary bond or insurance, approved in form
and sufficiency by the Borough attorney, to adequately cover the provisions
stipulated herein and shall furnish a certificate as to such coverage
upon request.
[Ord. No. 2-62, § 16; Ord.
No. 8-87, § 3; Ord. No. 5-97, §§ 11, 12]
The provisions of this article shall be enforced by the Public
Works Superintendent and/or the Borough Engineer, and the Public Works
Superintendent is charged with the day-to-day supervision of any work
performed pursuant to this article.
[Ord. No. 2-62, § 17; Ord.
No. 19-69, § 1]
The provisions of Section 1-9 of these Revised Ordinances shall
be applicable to this article.
