The following are the rules and regulations, including fees,
which shall govern road opening permits within the City of Hoboken.
As used in this article, the following terms shall have the meanings
indicated:
APPLICANT
Any public or private utility company making application
to the City Engineer for a road opening permit hereunder. If the applicant
is a contractor who will be performing the excavation work on behalf
of another party, the contractor shall be a co-applicant, and the
party on whose behalf the work is being performed shall be the applicant.
CITY
The City of Hoboken.
CITY ENGINEER
The person appointed to the position of City Engineer or
any person authorized to act as his or her representative.
CO-APPLICANT
A contractor who will be performing excavation work on behalf
of the applicant, and who is jointly and severally responsible and
liable along with the applicant for compliance with all items and
conditions of this article and any penalty or claim filed by the City
as a result of any violation of this article.
DRIVEWAY
An area consisting of depressed curb height constructed for
the purpose of accommodating vehicular access to abutting property.
ESCROW FEE
A cash, check, or cash-equivalent deposit to be used by the
City to reimburse outside professionals and/or inspectors deemed reasonable
and necessary to protect the interest of the City.
[Added 7-12-2023 by Ord.
No. B-574]
EXCAVATION
The digging, displacing, undermining, opening, boring, tunneling,
auguring or in any manner breaking up of any improved or unimproved
road, street, curb, sidewalk, gutter or other public property in any
roadway or any portion of a City right-of-way.
HEALTH AND SAFETY PLAN (HASP)
A written plan that outlines the safety management systems
that will be used by the applicant/permittee and their contractor(s)
to control losses at the excavation/work site.
[Added 7-12-2023 by Ord.
No. B-574]
INFRARED
A paving restoration method utilizing infrared heat to properly
restore existing asphalt.
LINEAR FOOT
Common unit of English measurement used to determine openings
in City roads, equal to 12 inches.
MAINTENANCE GUARANTY/BOND FEE
Security in the form of either a bond, certified check, or
other security acceptable to the City posted by an applicant or co-applicant
to guarantee proper maintenance of the reconstruction of the site
of any road opening for a period of two or five years after final
acceptance.
[Amended 7-12-2023 by Ord. No. B-574]
MUTCD
Manual on Uniform Traffic Control Devices.
PERFORMANCE GUARANTY
Security, in the form of either a bond, letter of credit
or a certified check posted by an applicant or co-applicant to guarantee
proper closure and satisfactory reconstruction of the road opening.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation,
municipality, company or organization of any kind.
PROPERTY OWNER
Person or entity who has the legal or rightful title to the
property in question; the person to whom the property belongs.
[Added 7-12-2023 by Ord.
No. B-574]
RESIDENTIAL DRIVEWAY
An excavation for a single-family dwelling, duplex or common
driveway, which serves two single-family residences in accordance
with a subdivision approval requirement of the City's Planning Board.
SQUARE FOOT
The surface area of the opening made in the City roadway
or property by the permit applicant. It shall be the product of the
length and width of the opening measured in feet. In case of irregular
openings, the City may, at its sole discretion, choose to average
the length and/or width.
STREET
Any street, highway, road, roadway, sidewalk, alley, avenue,
pavement, shoulder, gravel base, subgrade, curb, gutter, including
drainage structures, utility structures and all other appurtenant
structures, trees and landscaping; or any other public right-of-way
or public ground in the City of Hoboken and/or under control of the
City of Hoboken.
[Amended 7-12-2023 by Ord. No. B-574]
UTILITY COMPANY
A regulated entity that provides a public service or commodity,
such as telephone, fiber optic cable, wireless, water, sewer, gas
and electric.
[Amended 7-12-2023 by Ord. No. B-574]
A. All permittees [excluding public utilities, their registered and
authorized contractor(s)/subcontractor(s), agents or contractor(s)/subcontractor(s)
of county, state or federal agencies] will deposit a guaranty of credit
with the City Engineer in the form of a bond, or note of certified
funds, acceptable to the City Engineer. Two years after final restoration
of work and upon written request by the permittee, pending the approval
of the City Engineer, the guaranty will be released, with the exception
of newly paved roads, where the bond must be for five years. However,
should the City Engineer, upon final inspection, determine that the
construction and/or reconstruction done under the permit was unsatisfactory
and/or otherwise in violation of the approved plans or conditions
attached to the permit, and should the permittee, upon receipt of
written notice of deficiencies, fail to remedy same within 30 days,
then the City shall deduct from the permittee's guaranty all expenses
incurred by the City in performing the necessary repairs to remediate
same.
B. Bond fee. Each applicant/permittee shall submit and maintain with the City a cash deposit in accordance with §
168-58 or other security acceptable to the City Engineer, securing the faithful performance of the obligations of the City and/or permittee under any permit(s) to excavate and the compliance with all terms and conditions of this chapter. Municipal excavators and other frequent applicants may submit a single bond for multiple excavations so long as a constant balance of $25,000 is maintained on file with the City. If the City Engineer has deducted from such a bond, the utility or municipal excavator or other frequent applicant must restore the full amount of the bond prior to the City's issuance of a subsequent permit.
C. The City Engineer shall have the right to perform borings in the
pavement, cut cores in the pavement or to perform other investigations
as deemed necessary to confirm that the provisions of the road opening
permit have been satisfied. Upon a finding that the permittee failed
to satisfy the provisions of the permit and/or this article, the cost
of such investigation and all rehabilitation and/or remediation costs
shall be billed to the permittee.
D. The City Engineer may require an extended maintenance period in excess
of one year and an additional maintenance guaranty, depending upon
the nature of the work involved. This additional obligation shall
be noticed to the permittee at the time of approval of the application
and shall be released upon completion of the work and acceptance of
the work by the City Engineer.
E. When a maintenance bond is posted, it will be executed by the permittee
as principal and a surety company licensed to do business in the State
of New Jersey as surety.
F. The release of the guaranty will also be conditioned upon the permittee
restoring the surface and any damage to the streets abutting the work
site, and those streets which had sustained damage through the use
of construction equipment, and vehicles.
G. For utility main construction, other or additional conditions may
be prescribed by the City. The City requires the permittee to hand
dig wherever proposed work is within five feet of a marked-out water
main. Plans for such projects must have the approval of the Director
of Transportation and Parking the City Engineer before a permit may
be issued.
H. If the work requires the temporary displacement or loss of on-street
parking, then the permittee shall provide proof of purchase of temporary
no-parking signs to the extent that both the proposed work area and
the days and hours planned are properly reserved and demarcated. If
temporary parking signs are obtained, the Hoboken Parking Utility
and/or the Hoboken Police Department may relieve the area of unmoved
parked vehicles.
I. The City requires that the applicant/permittee post an initial escrow
of $5,000, to be replenished by the permittee as needed, to cover
the following costs:
(1) Engineering review of design drawings and construction procedures.
(2) Exercising of water system valves in general vicinity of proposed
work area to ensure a shutdown of the water main can occur, if needed.
(3) Full-time inspection during roadway openings where the water main
is 12 inches in diameter or greater.
J. In the instance where administration of this article or inspection of an excavation is complex and therefore unusually costly to the City, the City Engineer, in his or her discretion, may require an applicant or permittee to pay an additional sum in excess of the amounts charged pursuant to §
168-58C. This additional sum shall be sufficient to recover actual costs incurred by the City and shall be charged solely on a time and materials basis. The City Engineer also may charge for any time and material costs incurred by other agencies, authorities, board, commissions, or departments of the City in connection with the administration or inspection of the excavation. Whenever additional fees are charged, the City Engineer will provide in writing the basis for their imposition. The City Engineer may, whenever practicable, provide the permittee with a cost estimate of additional fees to be levied by the City prior to the issuance of a permit.
The applicant will provide insurance as follows:
A. No permit shall be issued until all insurance as required under the
following subsections is submitted and until such insurances have
been approved by the City Engineer, nor will the permittee allow any
of his/her contractor(s)/subcontractor(s) to commence work on his/her
subcontract until all similar insurances required have been obtained
and approved. All certificates of insurance shall be presented prior
to the permit being approved and released. All certificates of insurance,
except workers' compensation insurance, as required herein, shall
name the City, and all of its officers, employees, agents and assignees,
as additional insured. All certificates of insurance shall include
a thirty-day notice to the City of Hoboken prior to termination of
the insurance. All insurance coverages shall be with an insurance
carrier licensed to provide insurance of the nature offered in the
State of New Jersey.
B. The permittee will take out and maintain during the work under the
permit workers' compensation insurance for all of his/her employees
at the site of the project; and in case any work is sublet, the permittee
will require the subcontractor(s) similarly to provide workers' compensation
insurance for all of the latter's employees, unless such employees
are covered by the protection afforded by the permittee. In case any
class of employees engaged in hazardous work under the permit at the
site of the project is not protected under the workers' compensation
insurance status, the permittee will provide and will cause each subcontractor(s)
to provide workers' compensation insurance status for the protection
of his/her employees not otherwise protected.
C. The permittee will obtain and keep in force during the work under
the permit general and public liability and property damage insurance
coverage(s), in a form to be approved by the City of Hoboken Office
of Corporation Counsel. Said insurance will provide coverage to the
permittee, any contractor(s)/subcontractor(s) performing work provided
by the permittee, and the City. The City and its officers, agents,
servants and employees, as their interest shall appear, will be named
as additional insured on said policy insofar as the work and obligations
performed under the permit concerned with address and location of
the work site. The coverage so provided shall protect against claims
for personal injuries, including death, as well as claims for property
damage which may arise from any act or omission of the City, the permittee
or the contractor(s)/subcontractor(s), or by anyone directly employed
by either of them, and the minimum policy limits of such insurance
will be as follows:
(1) Bodily injury liability coverage with limits of not less than $1,000,000
per occurrence.
(2) For bodily injury, including accidental death to any one person,
and subject to that limit each person in the amount not less than
$1,000,000.
(3) For each accident and property damage coverage in an amount of not
less than $1,000,000 for each accident.
D. The permittee. Its employees and agents agree to save the City, its
officers, agents, servants and employees from all loss damages occasioned
to it, or to any third person, or property by reason of any carelessness
or negligence on the part of the permittee, its contractor(s)/subcontractor(s),
agents, and employees in the performance of the work under the permit
and will, after reasonable notice thereof, defend and pay the expense
of defending any suit which may occur against the City, its officers,
agents, servants and employees, as their interest may appear, by the
third person alleging injury by reason of such carelessness or negligence,
and will pay any judgment which may be obtained against the City,
its officers, agents, servants and employees, as their interest may
appear, in such suit. The permittee will furnish the insurance required.
E. Automobile and truck insurance, covering vehicles owned, leased,
rented, loaned and/or operated by the permittee, and vehicles operated
for the permittee, including those employees when so operated, will
be provided as follows:
(1) One person in any one accident: amount of $1,000,000.
(2) Two or more persons in any one accident: aggregate minimum amount
of $3,000,000.
(3) Property damage in any one accident: amount of $500,000, with an
aggregate property damage policy limit of $1,000,000.
Construction on City streets/roads/sidewalks, pursuant to this
article, will conform to the most-recent design standards, plans,
details, specifications, method of construction and traffic control.
All work shall be conducted within a clearly defined work zone, and
conforming to the Manual on Uniform Traffic Control Devices, as published
by the USDOT-FHA, and in compliance with underground utility mark-out
requirements. All permits issued shall be subject to the following
rules regulations.
A. Safety.
(1) All work will be conducted in such a manner as to cause the least public inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles, and the flow of water in the gutters. The permittee shall plan and carry out his or her work to provide for the safe and convenient passage of such traffic and to cause as little inconvenience as possible to the occupants of adjoining properties. (See §
168-65, Manner of conducting and carrying out work; maintenance of accurate drawings and plans required.) All openings, digging, excavations, plies of material, equipment, machinery, barricades, scaffolds/pedestrian sheds or obstructions, including earth and stone removed from excavations, shall be removed immediately or properly guarded at all times to prevent accidents. A sufficient number of lights and/or lanterns shall be maintained between sunset and sunrise by the person to whom such permit has been issued to designate such openings, excavations, construction or obstructions during the hours of darkness. Reflective barrels, blinking lights, warning signs, flagmen, uniformed traffic officers and all other man-powered equipment as required by, or directed by, the City Engineer shall be provided by the permittee or its designated contractor(s)/subcontractor(s).
(2) The work area shall be made passable to all emergency vehicles during
all phases of work.
(3) In the event that the work zone requires a full street or sidewalk
closure and the detour of vehicular and/or pedestrian traffic, the
permittee will submit a detour plan for review and approval by the
City Engineer. If the detour plan could potentially affect a neighboring
municipality, the Mayor's office must review and approve prior to
any road closings. All detours must be reviewed and approved by the
Hoboken Police Department. The detour signage must be properly installed
and maintained at all times. Any damage to the detour route must be
corrected by the permittee.
(4) If the sidewalk is to be blocked or removed as part of the work,
the permittee shall maintain a minimum four-foot-wide pedestrian access
route or MUTCD-complaint pedestrian detour route. If the detour plan
requires the temporary sidewalk must be stabilized with asphalt which
will be ADA-compliant and safe for all users. No gravel fills will
be allowed as temporary sidewalks.
B. Traffic directors. Whenever a sidewalk or roadway is closed, either
partially or in full, traffic directors may be required.
[Amended 7-12-2023 by Ord. No. B-574]
(1) Police traffic directors will be off-duty police officers from within
the City of Hoboken. Police traffic directors will be located at specific
locations as required by the Hoboken Police Outside Employment (OEP)
Program or Traffic Divisions during construction hours. Applicants
must contact OEP in order to obtain the services of police traffic
directors. The name, address and telephone number of the local representative
is listed below:
OEP Office
City Hall
94 Washington Street
Hoboken, New Jersey 07030
Tel: (201) 420-2000, extension 1303
oep@hobokennj.gov
(2) The permittee must provide payment in advance for police traffic
directors, which includes the use of police equipment and services,
as required for and by the police. This payment is separate from fees
associated with the road opening permit and is intended only for the
direct compensation of the police to perform their duties as police
traffic directors for the permitted work.
C. Other stipulations. All work by the permittee will be done in accordance
with the provisions of N.J.S.A. 34:6-47.1 et seq., N.J.A.C. 12:186
and in accordance with the provisions of the Federal Occupational
Safety and Health Act of 1970, and Subpart N, Paragraph 1926.550,
of the rules and regulations issued under said acts.
D. The City will not be liable for damages or for any personal injuries
or damages to property sustained as the result of any excavation or
opening in any road, street, bridge, sidewalk or curb work made by
any person by virtue of the provisions of this chapter.
E. Neither the City nor any of its employees will be deemed to be the
agent or the servant of the permittee for any purpose of this section.
The permittee will notify the City Engineer by phone or email
at least 48 hours in advance of any activity and, likewise, at the
completion of the activity or project. Failure to provide such notification
may result in the cancellation of the permit. The permittee will keep
a copy of the permit at the job site at all times. The permittee will
retain full responsibility for any damages which may result from any
construction activity notwithstanding any approvals from the City
Engineer. Trenches may not be kept open when work is not in progress.
If work is stopped for more than 24 hours, the trench shall be temporarily
backfilled and capped with temporary pavement.
The provisions of this article will not be applicable to any
work under the direction of the City, by employees of the City or
by any contractor(s)/subcontractor(s) of the City performing work
for, and on behalf of, the City, necessitating openings or excavations
in City roads, streets, sidewalks, curbs, parks, utilities, facilities,
or any portion thereof. In the City of Hoboken, owned, maintained
or controlled by the City of Hoboken's infrastructure.
Any work done by the county and/or state governmental agencies,
their departments and divisions must be performed under the provisions
of this article, except that the City may waive any and all fees.
This article will not be construed as imposing upon the City,
or any official or employees, any liability or responsibility for
damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor will
the City or employees thereof be deemed to have assumed any such liability
or responsibility by reason of inspections authorized hereunder, the
issuance of any permit or the approval of any excavation work.