[Adopted 4-21-1986 by Ord. No. 86-3 (Ch. 218, Art. I, of
the 1986 Code)]
The purpose of this article is to establish regulations and
fees for the opening of municipal streets within the Borough of Wood-Ridge.
The following terms shall, for the purpose of this article,
have the meanings here indicated:
An opening, tearing up or excavating, for any purpose, of
Borough road of 100 feet or more of roadway length or where connecting
bilateral openings are made at average intervals of less than 100
feet along the roadway length or an opening which disturbs 20% or
more of the pavement area.
Any person, corporation, public utility or other entity on
whose behalf a street opening is performed by a permit hereunder.
Any person, firm or corporation granted a permit hereunder.
New Jersey Bell Telephone Company or its successor corporation
or corporations, Public Service Electric and Gas Company, Hackensack
Water Company, cable television company or any other entity having
either the power of eminent domain or subject to the regulations of
the Board of Public Utilities of the State of New Jersey.[1]
Any opening, tearing up or excavating, for any purpose, of
the Borough road which is not an extensive opening.
Any street, road or other public way dedicated to and accepted
by the Borough of Wood-Ridge, and shall include all of the area lying
within the bounds of the dedicated right-of-way.
A.
No person, persons or corporation, municipal or private, nor any
utility company, public or private, shall, for any purpose, open,
tear up, excavate, bore, tunnel or drive under or in any way impair
the surface or subsurface within the limits of the right-of-way of
any street in the Borough of Wood-Ridge without first obtaining a
road opening permit from the Borough Clerk (hereinafter "Clerk").
B.
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any work done by the
Borough or under a contract with the Borough for the construction
of waterlines, sewer lines or street improvements.
C.
No person or corporation shall be issued a road opening permit until
he presents satisfactory proof, in the form of a request number, which
may be verified through the "one number to call center" of the appropriate
utility, or a written statement from the person or corporation engaged
in the distribution or submission of manufactured, mixed or natural
gas or synthetic natural gas, liquefied natural gas or propane gas
in the area of the proposed road opening, that said applicant has
complied with the requirements of the Underground Facility Protection
Act, N.J.S.A. 48:2-73 et seq., which provide, among other things,
that said applicant give to any person or corporation in the distribution
or transmission of the aforesaid gases in the area of the proposed
excavation written notice of the proposed excavation and ascertain
from such person or corporation the location of all such gas lines
or pipelines within 200 feet of the proposed excavation.[1]
D.
Non-opening of road. No street, road or paved area constructed, reconstructed
or repaved within three years of the time that the road is sealed
can be excavated, built or patched without a demonstration by the
permittee that an emergency exists. Gas leaks, water main leaks and
sewer breaks shall be considered examples of emergencies.
E.
Certification of all underground facilities having been previously
located shall be marked using standard color codes for gas, water
and other utilities. Certification must indicate marking authorization
number.
A.
Form. Application for a permit shall be made, in writing, on forms
to be prescribed by the Superintendent of the Department of Public
Works (hereinafter "Superintendent") and issued by the Clerk and shall
be filed at least one week prior to the commencement of any work.
The application shall specify the name and address of the applicant;
the specific location of the proposed excavation and the width, length
and depth thereof; the type of road or other surface; and the individual(s),
partnership or corporation for whose benefit the excavation is to
be made and shall be accompanied by a nonrefundable fee for the issuance
of the permit as hereinafter set forth. Application for extensive
openings shall require, in addition to the above, information regarding
all improvements; typical detail and section of construction procedure;
and plans, profiles and other details necessary to accurately depict
the work. The requirements of the preceding sentence shall not be
necessary in the event of an application by a public utility. No work
may commence by a permittee until the date set forth in the issued
permit.
B.
Emergency road opening.
(1)
In the event that an emergency condition exists requiring immediate
action by any person required to obtain a permit pursuant to this
article, the person may immediately cause the roadway to be entered
and emergency measures taken without first obtaining a permit, provided
that:[1]
(a)
A true emergency exists and the person has notified the Wood-Ridge
Police Department prior to the start of work, which shall log the
emergency.
(b)
A permit is applied for within 24 hours of the road opening
or on the next business day, whichever is more practical.
(d)
The Superintendent or the Borough Engineer shall be notified
within 24 hours of a road opening. If a road opening commences on
a Saturday or Sunday as a result of emergency work, the Police Department
of the Borough of Wood-Ridge shall be notified prior to the start
of work immediately, and the Superintendent or Borough Engineer (hereinafter
"Engineer") shall be notified on the morning of the first business
day thereafter.
(2)
The Borough reserves the right to issue a written stop-work order
where the same is deemed appropriate by the Superintendent or Engineer.
C.
Review of the application for small openings. Prior to the issuance
of a permit, copies of the application therefor shall be referred
to the Superintendent or the Engineer, who shall note any objections
to the issuance of a permit or any conditions to be imposed on the
application within five working days. All objections and all conditions
shall be satisfied prior to or be imposed as conditions upon the issuance
of the permit, as appropriate.
D.
Applicant. With the exception of private homeowners, all applicants
must be contractors licensed by the State of New Jersey or agents
of a public utility, whether corporate, individual or partnership,
who will actually be engaged in the performance of the work and who
will be responsible for the adherence of the work to the specifications
and for the safety of the public. With the exception of private homeowners
and public utilities, the application shall be made for and on the
behalf of the owner for whom such work is being done and shall be
countersigned by such owner. Permits cannot be issued directly to
private developers without specific written approval of the Mayor
and Council.[2]
E.
Agreement. Except where otherwise provided by law or where governed
by Borough ordinance, the owner shall, as a condition of the issuance
of a permit, agree that any facilities, pipe or poles or other objects
to be installed within the Borough right-of-way pursuant to the permit
shall be promptly relocated, at the owner's expense, as required
by the Borough of Wood-Ridge to accommodate the installation of Borough
facilities. Such agreement shall be in writing and contained on the
face of the application form and permit.
F.
Review of application for small and extensive openings. All small
and extensive openings shall first be reviewed and approved by the
Superintendent, and extensive openings shall subsequently be reviewed
and approved by the Engineer prior to the issuance of a permit.
G.
Issuance. Street opening permits shall be issued by the Clerk once
reviewed and approved as provided for herein; provided, however, that
no permit shall be issued until an application fee and an engineering
fee, both of which are nonrefundable, have been paid to the Clerk.
A.
Generally. The New Jersey State Department of Transportation 1983
Standard Specifications for Road and Bridge Construction, with all
amendments and supplements, shall govern all of the work performed
under Borough of Wood-Ridge road opening permits, except as supplemented
below:
(1)
No Borough road shall be closed to traffic without prior written
consent of the Police Department. In the event that a road is closed,
uniformed police may be required to act as traffic directors, and
the proper traffic control devices shall be erected and maintained
in accordance with standards described in the Manual on Uniform Traffic
Control Devices. All costs of providing uniformed police shall be
the responsibility of the permittee or the owners. In the event that
a detour is deemed necessary by the permittee, application shall be
made to the Chief of Police, who shall determine the necessity for
such detour and the route to be followed. In emergency situations,
notification by phone to the Police Department shall be done prior
to the start of work.[1]
(2)
Any work under an issued permit must be commenced within three months
from the date of issue and completed 45 days from commencement, or
said permit shall be deemed void, and reapplication shall be required.
(3)
Work commenced under a permit shall be continued without interruption
during normal working hours until completed.
(4)
The applicant shall notify the Clerk and the Superintendent or the
Engineer 24 hours in advance of the actual commencement of any work
under a permit.
B.
Guard. The applicant shall keep the work site property guarded both
day and night and shall have lights, barriers and adequate safety
devices, as described in the Manual on Uniform Traffic Control Devices,
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with traffic along the street
or road within the Borough, and only that part of any such street
or road as is set forth in the permit shall be opened.
C.
Minimum cover. All utilities shall be constructed with a minimum
of three feet of cover to provide protection for the utilities in
the event that future Borough road construction, repair or modification
necessitates excavation, undercutting or installation of facilities
in the area where the utility is located. This location will in no
way relieve the utility owner of the responsibility of relocating
said utility at said utility owner's expense in case of conflict
with future construction, reconstruction or modification of related
facilities, except as otherwise specified herein. The aforementioned
three-foot minimum cover may be waived by the Superintendent or Engineer
if the applicant prepared and filed certified plans indicating the
location, extent and depth of the facilities and said plans are approved
by the Superintendent or Engineer. This subsection shall apply only
to new construction.
D.
Protection of existing structures. It shall be the responsibility
of the permittee to give proper notice of the proposed street opening
to any person, firm or corporation whose pipes, conduits or other
structures are laid in the portion of the street to be opened. Said
notice shall be given, in writing, a minimum of 72 hours before commencement
of said opening, and the permittee shall, at his own expense, carefully
support, maintain in operation and protect from damage such pipes,
conduits or other structures. If any damage is caused to such pipes,
conduits or structures, the permittee shall restore the same, at his
own expense, to the condition they were prior to commencement of work,
except that gas facilities must be repaired by Public Service Electric
and Gas Company.
E.
All excavations shall be completely backfilled at the end of each
working day, unless it would constitute a hardship to the permittee
or where the size of the excavation makes it impossible to backfill
at the end of each working day, in which event a waiver may be granted
by the Superintendent or Engineer. In the event that a waiver is granted,
the contractor or owner shall cover the excavation with heavy one-inch-thick
plates secured to existing pavement to prevent movement and erect
appropriate barriers and lights around the entire excavation and arrange
to provide appropriate security protection, if such security is necessary,
at his own cost and such other safeguards as may be needed to protect
the public from an open excavation. If plates are placed for over
a weekend or for an extended period, all edges are to be macadam-sealed
and sloped. In no event shall an excavation be left open for more
than 72 hours, unless an emergency exists and permission has been
secured from the Chief of Police, Superintendent, Engineer or their
designated representative.[2]
A.
The permittee shall be liable to any damage to work site roads. In
the event that any such damage is not repaired within 30 days after
completion of the street opening, the cost for the repair of the same
shall be deducted from the permittee's deposit held by the Clerk.
B.
The permittee shall, on a continuing basis, maintain all streets
and other property affected by the construction in clean condition
free from all rubbish, excess earth, rock and other debris. Upon completion
of all work under the permit, the permittee shall again clean the
affected property to remove all debris and unused material. In the
event that the permittee fails to act as provided herein, the Borough,
upon 24 hours' notice to the permittee, may clean and remove
all rubbish, excess earth, rock, debris and unused material and charge
the permittee for the cost thereof. If the permittee fails to reimburse
the Borough for the costs incurred, said costs shall be deducted from
the permittee's deposit held by the Clerk.
The Superintendent or Engineer shall periodically inspect all
road openings and the repair and resurfacing thereof for the purpose
of determining compliance with the conditions imposed on the issuance
of the permit and the specifications. The Borough may, upon the recommendation
of either of them:
A.
Order a temporary stop to any road opening.
B.
Order that the applicant perform or correct work in accordance with
the directions of the Borough.
C.
Order a stop to any work and revoke the permit, in which event the
Borough of Wood-Ridge shall complete the work or cause it be completed
and either declare the applicant's deposit forfeited or notify
the applicant's surety of an intent to file claim on the bond.
D.
Authorize the correction of any work after notification to the permittee
and after the neglect or the refusal of the permittee to make such
corrections within 24 hours and, after the completion of the same,
either declare the permittee's deposit forfeited or notify the
permittee's surety of an intent to file a claim on the bond.
E.
Take any other action deemed reasonable under the circumstances to
protect the Borough's interests.
No road opening shall be permanently paved until a final inspection
has been made by the Engineer or Superintendent and final approval
given.
A.
For all openings:
(1)
The paved roadway surfaces shall be saw cut or blade cut vertically
on a straight line before excavating.
(2)
The material excavated from the trench opening shall not be replaced
as backfill unless expressly authorized by the Superintendent or Engineer.
Excavated materials must be removed from the work site the day of
excavation.
(3)
The backfill of stone or bank-run sand shall be furnished from outside
sources.
(4)
The uncompleted length of road opening allowed under a permit at
any one time shall not exceed 50 linear feet, unless a special need
can be established by the permittee and approval to exceed this limitation
is secured from the Superintendent or Engineer. Such special need
shall be noted, in writing, to the Superintendent or Engineer before
such permission is granted, except in unusual cases and/or emergencies.
In that event, such special need shall be documented, in writing,
after approval is granted.
(5)
Where existing manholes are located in the shoulder areas, a minimum
of two inches of asphalt FABC-1 Mix No. 5 shall be placed eight feet
on both sides of the manhole casting on four inches of quarry-processed
stone. The width of the FABC-1 Mix No. 5 shall vary to the dimensions
of the existing shoulder.
(6)
All backfill shall be placed in six-inch layers, with each layer
thoroughly compacted by mechanical means to the satisfaction of the
Superintendent or Engineer. The Superintendent or Engineer shall have
the right to require a compaction test to be performed by an independent
laboratory, at the expense of the permittee.
(7)
After proper settlement and cutback, for any portion of the road,
the entire width of the trench, plus a four-inch overlap, shall be
overlaid with a one-and-one-half-inch minimum thickness FABC Mix No.
5 pavement applied to the entire length of the disturbed area and
rolled in place to obtain a smooth pavement surface and sealed at
all edges.
B.
Asphalt pavement openings.
(1)
For openings in old asphalt pavements, backfill material shall be
deposited in six-inch layers and thoroughly compacted to a level eight
inches below the surface level of the adjacent paved surfaces. The
openings shall be cut back six inches beyond the perimeter of the
trench opening. The base course shall be bituminous stabilized base
stone mix, Mix No. 1, six inches thick (two lifts). The surface shall
be two inches' compacted depth of FABC-1 Mix No. 5. All joints between
the new and existing pavements shall be sealed with a tack coat.
(2)
When road openings are in sequence or are within three feet of another
opening, the surface area of the combined openings will be paved to
form one surface. The surface course shall be two inches' compacted
depth of FABC-1 Mix No. 5, with all joints between the new and existing
pavements sealed with a tack coat.
C.
Concrete pavement surface openings. For all openings in concrete
pavement surfaces, the trench backfill shall be compacted in six-inch
levels to a level two inches below the top of the adjacent paved surface.
The opening shall be cut back six inches beyond the perimeter of the
trench opening. A two-inch compacted depth of stabilized base shall
then be placed, compacted level with the existing pavement and shall
be maintained by the permittee to a pavement level by adding additional
bituminous material until final settlement has occurred. A pavement
of four-thousand-pound concrete eight inches in depth shall be constructed
level with the existing pavement surface. A layer of heavy six-by-six
No. 6 gauge wire mesh reinforcement shall be placed in the opening
and extend fully into the cutback shelf at the point six inches below
the finished elevation.
D.
Nonpaved area. All grass or graveled area or sidewalk areas disturbed
within the Borough right-of-way shall be reconstructed, topsoiled,
seeded and mulched within 14 days of completion of excavation. All
concrete areas will be thoroughly compacted. These limits may be waived
by the Superintendent or Engineer only when abnormal temperatures
or inclement weather necessitates the same.
E.
All work shall be guaranteed for a period of 12 months.
A.
Insurance. The applicant shall present evidence satisfactory to the
Borough Attorney of insurance sufficient to indemnify and save harmless
the Borough and its agents and servants against and from all suits
and costs of every kind and from all personal injury or property damage
resulting from negligence or from any phase of operations performed
under the permit. Said insurance shall provide limits of not less
than $1,000,000 single limit or, in the case of a public utility,
may be in the form of a certificate of self-insurance. Where there
is an extensive opening, the Superintendent or the Engineer may request
additional insurance, if it is deemed necessary under the circumstances.
B.
Security.
(1)
The Clerk shall not issue a permit unless the applicant has deposited, as security for faithful performance, a certified check made payable to the Borough of Wood-Ridge or filed a bond with surety satisfactory to the Borough Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in § 468-10 of this article. A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least $50,000. The surety bond shall be renewal annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fees set forth in § 468-10 exceed said $50,000, the public utility applicant shall file a surety bond in an amount equal to the difference between the $50,000 and the required security deposit. For all non-public utility applicants, the surety bond shall be at least $1,000. A certified check for a lesser amount may be deposited, however, in the amount provided by § 468-10, for the work to be performed.
(2)
Upon satisfactory completion of all work permitted or required under
the permit for extensive openings, if the security deposit is $2,000
or less the Borough of Wood-Ridge will retain 100% of the security
deposit as security for maintenance of said work for a period not
to exceed one year from the date of completion, provided that, if
the security deposit is in the form of a certified check, the permittee
may deposit a surety bond of $2,000, satisfactory to the Borough Attorney,
in lieu of said certified check. If the security deposit is greater
than $2,000, then the Borough will release or refund 60% or more of
the same, with the approval of the Superintendent or Engineer, and
a surety bond may be deposited for the maintenance as set forth above.
All bonds and certificates of insurance shall contain a provision
that the same shall remain in full force and effect for a period not
to exceed one year after the last work under any permit has been completed
and accepted by the Borough.
(3)
In the case of a small opening, the Borough shall retain the security
deposit for six months after satisfactory completion of all work permitted
or required under the permit, provided that, if the security deposit
is in the form of a certified check, the permittee may deposit a security
bond in lieu of said check.
C.
Application fee and escrow deposit.
(1)
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in § 468-10 of this article. Applicants other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in § 468-10 of this article. The unused portion of the escrow deposit shall be returned. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said fund shall be subject to increase on demand of the Clerk.
(2)
The Borough shall pay from the escrow deposit fee any costs incurred
by its designated representatives or professional consultants for
inspection or other engineering services or legal fees required in
connection with the proposed opening or excavation at the rates established.
A.
The application fee, nonrefundable (other than public utilities),
shall be as follows:
(2)
Boring, tunneling or driving under road, lump-sum minimum: $75.
(3)
Curb, gutter, apron, sidewalk or driveway: lump sum, plus $15 when
affected by excavation.
(4)
Application fees shall be accumulated in one account for each public
utility, and said funds can be utilized for the payment for expenses
incurred by the Borough for any work performed for the permittee without
restriction as to which application the funds were originally posted.
(5)
In lieu of individual application fees, public utilities may pay
annual fees of $1,000.
B.
C.
The escrow deposit fee, engineering and legal costs shall be as follows.
(1)
All road openings, excavation, boring and other work as stated on
the permit application:
(a)
Base charge, including first five square yards on any trench,
driveway or sidewalk opening torn up or excavated, and including the
first 20 linear feet of any curb or gutter torn up or excavated: $100.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection C(1)(a) above, a work schedule shall be submitted to and approved by the Superintendent or the Engineer, who shall estimate the total escrow deposit fee required based thereon. If at any time during the course of the work it appears evident to the Superintendent or the Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent or the Engineer and paid to the Clerk, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
Upon the completion of any such work, the Superintendent or
Engineer shall file a report on a form to be furnished for that purpose,
which report shall contain the date of completion, the amount of deposit,
the cost to the Borough of resurfacing the area so excavated or opened,
if the same shall have been necessary, and the balance, if any, due
to the applicant. Upon receipt of the report by the Clerk, the balance
due, if any, to the applicant on account of any deposit shall be forthwith
returned.
Any person, company, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction of such violation, be punishable as set forth in Chapter 1, General Provisions, Article II, of the Code. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the Clerk to do so, each day that such pavement, roads or streets remain unrestored shall constitute a separate offense.[2]
