[Amended 6-24-2014 by Ord. No. 1743]
It shall be unlawful for any person, firm, association, or corporation,
whether public, private or municipal, except for the Township of Wyckoff,
to excavate, dig, test drill, tunnel, construct, reconstruct, or otherwise
disturb any public street, roadway, curb, sidewalk, grass area, bridge,
culvert, or other public improvement located within the right-of-way
lines of any public street of the Township of Wyckoff without having
first obtained a written permit from the Township Engineer in accordance
with the rules, procedures and specifications set forth herein. However,
in the event of an emergency, where repairs to existing underground
facilities must be made immediately and where a permit could not reasonably
and practically have been obtained in advance, and the health, safety
and welfare of the public may be adversely affected, then, in that
event, the opening may be made to correct the condition giving rise
to the emergency without making prior application for a permit. The
person in charge of said repair shall immediately apply for a permit
in accordance with this article on the first regular business day
on which the Township is open for business following the emergency.
[Added 6-24-2014 by Ord. No. 1743]
A. It is not intended to require a permit for opening or excavating
within any county or state roadway for which a permit has been obtained
from the proper jurisdiction.
B. A right-of-way opening permit shall be valid for an effective period
not to exceed 30 consecutive calendar days. Such effective period
may be extended by the Township Engineer for an additional 30 days
if requested in writing by the permittee prior to the expiration thereof
and if, in the opinion of the Township Engineer, the granting of such
an extension will not result in any adverse public condition which
could otherwise be avoided by performing the work at another time.
C. Right-of-way opening permits shall not be issued between December
1 and April 15 unless emergency conditions exist and as approved by
the Township Engineer.
D. No work to be performed under a permit shall be performed on Saturdays,
Sundays, or holidays except with prior approval by the Township Engineer
or in the event of an emergency. Work hours for work performed within
the public right-of-way shall be Monday through Friday, 7:00 a.m.
to 4:00 p.m.
E. The permittee shall notify the Township Engineer and the Police Department
not less than 48 hours in advance of performing the work, except in
the event of an emergency. Prior to obtaining the permit, the permittee
shall submit a traffic control/detour plan and obtain approval by
the Police Traffic Control Officer.
F. Newly constructed or resurfaced roadways shall not be permitted to
be opened for a period of five years unless an emergency affecting
public health, safety and welfare exists. Waivers of this condition
may only be granted by the Township Engineer, which may reasonably
impose additional conditions to the requirements of the permit which
may include full curb-to-curb restoration per Township standards.
G. Permittees shall be responsible for complying with the Manual of
Uniform Traffic Control Devices and the requirements of the Wyckoff
Police Department. All road openings must be coordinated with the
Wyckoff Police Department Division of Traffic Safety at least 48 hours
in advance. All costs for police traffic safety officers shall be
borne directly by the permittee and billed by the Police Department.
The permittee may be required to post escrow monies with the Township
prior to obtaining a permit to cover the cost of anticipated traffic
control officers.
H. Roadway work shall be performed using rubber-tire or rubber-track
machinery unless approved otherwise by the Township Engineer.
I. The work site shall remain clean and free of all dust and debris.
Excavated material shall not be placed or stockpiled on the roadway.
J. No trench shall remain open beyond the daily work hours. The Township
Engineer may permit excavations to remain open in circumstances where
work cannot be completed during normal working hours, provided that
said openings are properly plated so as not to interfere with the
flow of traffic or endanger the public.
K. Construction equipment and materials shall not be left on the street
overnight unless special permission is granted by the Township Engineer
in writing.
L. The permittee must comply with stormwater management control measures
for protecting the municipal stormwater collection system as directed
by the Township Engineer and/or the Bergen County Soil Conservation
Service. Failure to maintain soil control measures will result in
intervention by the Township Public Works Department on an emergency
basis at the expense of the permittee. The Township Engineer may issue
a stop-work order until all said measures are corrected.
M. Inspection required before backfilling. No backfilling shall be done
by the permittee until the work being done under the permit shall
have first been inspected and the backfilling authorized by the Township
Engineer or his designee. In case of nonconformity with this requirement,
the Township Engineer shall have the right to require that the work
be uncovered by the permittee, at the permittee's own expense,
so that proper inspection may be made.
It is the intention of this article to regulate
and control the excavation of pavement within the right-of-way to
change the grade of the area of the right-of-way between the edge
of pavement and the right-of-way line, the type and grade of any driveway
construction and the construction, alteration or repair of any street
or curb. It is not intended to require a permit for opening or excavating
any county road for which a permit has been acquired from the proper
county authority or for any owner or tenant to seed, fertilize or
maintain the area between his property line and the edge of pavement
or curb.
As used in this article, the following words
and phrases shall have the following meanings, unless the context
clearly indicates that a different meaning is intended:
APPLICANT
Any person who makes application for a permit.
CONTRACTOR
A person who performs work or supplies materials on behalf
of the owner or public utility.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to Township properties.
ENGINEER
The Township Engineer or an authorized deputy, representative
or inspector.
OPENING
Any excavation, tearing up or disturbance of the surface
of any street or public right-of-way.
PERMITTEE
Any person who has been issued a permit and is obligated
to fulfill all of the terms of this article and any other person opening
any street within the Township.
PERSON
Any natural person, partnership, firm, association, utility,
corporation, contractor or authority created pursuant to statute.
Whenever used in any section prescribing and imposing a penalty, the
term "person," as applied to associations, shall mean the partners
or members thereof and, as applied to corporations, the officers and
directors thereof.
PUBLIC UTILITY
Any entity defined in N.J.S.A. 48:2-13 and subject to regulations
by the Board of Public Utilities.
STREET
A public street, public easement, public right-of-way, public
highway, public alley, public way or public road accepted or maintained
by the Township and any state or county road over which the Township
may have acquired jurisdiction by agreement or applicable law or other
special management, and shall also include the public sidewalk. The
provisions of this article shall not be applicable in those instances
where the highway is maintained by the State of New Jersey or by the
County of Bergen, except in such cases where the Township may have
special arrangements or shared jurisdiction with the state or county.
[Amended 6-24-2014 by Ord. No. 1743]
Application for a permit under this article shall be made to
the Township Engineer. No permit shall be issued unless the Township
Engineer shall have approved the application. Upon receipt of a completed
application, the Township Engineer shall have a minimum of 10 business
days to review the application prior to issuing a right-of-way opening
permit. The applicant must submit an application in writing on the
form provided by the Township of Wyckoff, signed by the applicant
performing the work. Application for a right-of-way opening permit
for work to be performed for a utility shall be made by the utility,
and such permit shall be issued to the utility and not to the contractor.
A separate application shall be made and a separate permit issued
for each individual opening requested by the applicant.
A. The name, address and telephone number of the applicant
and the name, address and telephone number of an employee or officer
of the applicant who shall act as liaison between the Township and
the applicant for purposes of the application and the work performed
pursuant to any permit issued hereunder.
B. The location of the property.
D. The purpose of the opening.
E. The exact location in the street by diagram.
F. The period of time required to complete the work and
to restore the street.
G. A performance guaranty in favor of the Township in an amount as determined by the Township Engineer, but not less than $250, in accordance with §
165-19 herein. Ten percent of the performance guaranty shall be in the form of a cash deposit.
H. A signed statement by the applicant agreeing to perform the work for which the permit is granted strictly in accordance with the conditions of the permit and Wyckoff Code Chapter
165, Article
III.
I. A list of all federal, state or local government agencies
having jurisdiction thereover and, if such agencies require approval,
state whether such approval has been obtained and attach a copy of
such approval, if obtained, and, if not obtained, a statement as to
the reasons for the lack of approval.
J. A signed statement by the applicant and/or contractor
which shall indemnify and hold harmless the Township of Wyckoff, the
Township Committee and any of its officers, agents, employees and
representatives from any and all liability for damages, for injury
to person or property, including death, and against and from all suits
and actions and all costs and damages and charges of whatsoever kind
and nature, including attorney's fees which the Township may incur
on account of any injury to any person or property resulting from
the performance or conduct of the applicant's and/or contractor's
operations or by or in consequence of any act or neglect or omission
on their part in the performance of operations, whether such conduct
or operations shall be by the applicant and/or contractor or their
representatives. A form of indemnification agreement approved by the
Township Administrator and Attorney shall be executed by the applicant
and/or contractor. The contractor shall also hold the Township and/or
its representatives harmless for any damages to the contractor's equipment
utilized in performance of the installation.
K. A certificate of insurance in accordance with §
165-15.
L. A dig number for markouts by utility companies. The
number shall be indicated on the permit application. The applicant
also shall be responsible for utility locations that are not covered
by the dig number call system.
Any application for a permit for excavation
or fill to be made between the edge of the pavement and the right-of-way
line shall be accompanied by a sketch, drawn to scale, showing existing
and proposed grades. Such grades and grades of driveways shall be
in accordance with construction details adopted by the Township. No
variance from such details shall be permitted unless the same is approved
by the Township Engineer.
Any curb or sidewalk constructed shall be in
accordance with standard details of the Township. Any curb to be depressed
for a driveway opening shall be completely removed and reconstructed.
No such opening shall be in excess of 12 feet in width without approval
from the Township Engineer.
Any drainage facility, whether operating by
gravity flow or pumped by mechanical means, which originates within
a building or structure and connects into a public drainage facility
within a right-of-way or easement of the Township of Wyckoff shall
contain a check valve or other backflow prevention device approved
by the Township Engineer. Said valve or device may be located at any
point in the drainage pipe, provided that the same is outside said
building or structure.
[Amended 6-24-2014 by Ord. No. 1743]
No person, firm, corporation or contractor shall be granted a permit to open any street until there shall be deposited with the Township Clerk an amount sufficient to cover the cost of repairing and replacing such public street. The amount of the performance guaranty and cash portion thereof shall be determined by the Township Engineer in a form approved by the Township Attorney. The amount of the performance guaranty shall not exceed 120% of the cost of installation of the improvement as verified and/or estimated by the Township Engineer. The applicant and/or contractor shall also furnish a cash maintenance guaranty, to be posted with the Township Clerk for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement or the sum of $500, whichever is greater. The cash deposit requirement may be waived by the Township Engineer where a public utility furnishes the satisfactory performance guaranty in accordance with the provisions of §
165-24 herein. Upon expiration of the two-year period, the applicant shall submit a written request for return of the maintenance guaranty.
[Amended 6-24-2014 by Ord. No. 1743]
The applicant and/or contractor shall reimburse the Township
for reasonable inspection fees as determined by the Township Engineer
for inspections to be performed from the time any right-of-way is
opened until the final restoration has been performed. The initial
minimum inspection fee of $100 for up to two site inspections and
$137 per hour, for any additional inspections, or the current rate
as approved annually by the Township Committee, is required under
the same permit. Depending on the size and scope of the work performed
under the permit, the Township Engineer may calculate and require
an escrow deposit to cover the cost of inspections performed by the
Township Engineer or Township's consultant at the current rate
charged to the Township for said inspection.
[Amended 6-24-2014 by Ord. No. 1743]
A. In performing the excavation, the permitee shall preserve the roadway
from needless destruction and shall cause the excavation, installation
or repair of utility and backfilling to be completed in one continuous
operation. In opening of the pavement, the permittee shall use sufficient
equipment to provide a neat and smooth edge to finish. A street saw
or other appropriate cutting instrument shall be used in opening the
pavement.
B. The permittee shall maintain safe crossing along the line of opening
and keep the same properly guarded with suitable barricades and warning
signs during the daytime and with barricades and lights at nighttime.
C. If excavation shall extend the full width of the road, only half
of the road shall be opened and backfilled before the other half is
opened and backfilled, or the installation of temporary steel plates
shall be properly anchored to the satisfaction of the Township Engineer
so as to permit a free flow of traffic. It shall be the responsibility
of the permittee, prior to the commencement of work, to notify the
Wyckoff Police Department and to comply with the requirements of the
Wyckoff Police Department for the maintenance of normal flow of traffic
and protection of both vehicular and pedestrian traffic from possible
accident or injury. The permittee shall also post sufficient warning
and/or caution signs in accordance with the provisions of Title 39
of the Revised Statutes of New Jersey, as amended and supplemented,
and in accordance with the Manual of Uniform Traffic Control Devices
(MTUCD), and shall otherwise exercise due care in the performance
of the work; and access shall be provided for emergency vehicles such
as fire and police vehicles or ambulances at all times.
D. Notices to property owners and tenants. If the work to be undertaken
is such that it will affect the use of properties abutting or adjoining
the project or any subsurface installations in the vicinity of the
proposed opening, then the permittee shall serve each owner and/or
tenant of such properties or subsurface installations, personally
or by certified mail, return receipt requested, with a notice at least
five days prior to the date the work is to commence describing the
work, its start and completion date and the location and size of the
opening.
E. Tunneling. Underground tunneling or mechanical methods of boring
or sleeving shall be permitted in accordance with the requirement
of the Township Engineer. However, tunneling is required under sidewalks
and driveways less than 25 feet wide for utility mains less than four
inches in diameter. This requirement may be waived by the Township
Engineer if it is demonstrated that tunneling or the use of mechanical
moles cannot operate in the existing ground conditions.
F. Backfilling. Backfilling must be completed using quarry process stone
or dense graded aggregate (DGA) mechanically compacted in twelve-inch
lifts for the full depth of the trench. Sandstone shall be utilized
around water copper services, PVC pipe and other utilities in order
to protect the pipe when necessary. This sand shall be compacted and
shall not be greater than one foot above the utility. The remainder
of the trench, however, must be backfilled with quarry process stone
or DGA as specified above to minimize settlement. All excess materials
shall be removed from the roadway during operations. Ninety-five percent
of compaction of backfill material is required. The permittee shall
provide notice to the Township Engineer at least 24 hours prior to
the commencement of backfilling or shall supply a licensed engineer's
certification that backfilling was performed and completed in accordance
with Township specifications.
G. Final and permanent pavement of road sewer main opening trenches
and other trenches, as determined by the Township Engineer, shall
extend from edge of pavement to edge of pavement (full roadway surface
width) in accordance with specifications and standards of the Township
of Wyckoff. This requirement shall also apply to the opening of Township
and county roads located in the Township of Wyckoff when sewer construction
is performed, unless a waiver is granted by the Township Committee.
H. Temporary asphalt pavement (cold patch) shall be permitted only during
winter months when hot-mix asphalt is not practical or readily available
or during emergency work where materials may not be readily available.
Temporary pavement shall consist of "asphalt cold patch" material
placed not less than three inches thick and mechanically compacted
immediately following an emergency repair; and if temporary pavement
is not available, quarry process stone may be permitted to grade if
approved by the Township Engineer. In such emergency conditions, the
trench must be temporarily restored with asphalt material as soon
as possible after the emergency repair is complete. The permittee
shall be responsible for the maintenance of the temporary asphalt
until conditions permit permanent restoration to be performed as approved
by the Township Engineer.
I. Permanent restoration of roadway surface course above the street
opening shall be completed not sooner than three months from the date
of installation of the temporary pavement and as approved by the Township
Engineer.
J. Prior to the installation of the permanent pavement, the subgrade
shall be properly prepared and the existing pavement neatly cut back
a minimum of 12 inches from the edge of the trench or pavement damage
in a straight line with vertical faces free of foreign matter. A tack
coat shall be applied to the vertical faces of the existing pavement
prior to the placement of the patch material. In lieu of cutting the
pavement prior to the installation of permanent pavement, milling
shall be permitted. For trenches greater than three feet from the
edge of road, surface restoration shall extend to the edge of the
pavement or curb as directed by the Township Engineer.
K. Permanent restoration shall be as shown on the road restoration detail
and shall consist of a bottom course of bituminous stabilized base,
Mix I-2, placed at a compacted thickness of four inches, and a surface
course of bituminous concrete, Mix I-5, placed at a compacted thickness
of two inches. The placement of six inches of I-2 stabilized base
may be installed in two three-inch lifts level with the existing roadway
surface and then milled two inches prior to placement of the final
two-inch I-5 surface course. Infrared technology may be used in lieu
of milling, sawcutting and joint sealing when a minimum six-inch-thick
base course has been installed in the road opening. All stabilized
base material within the trench plus 12 inches' surrounding edge
shall be heated and raked to a depth of one inch. All raked material
shall be discarded and replaced with hot I-5 bituminous concrete and
rolled smooth. All utility road openings other than continuous trenches
shall be restored as listed above, with the exception that the final
asphalt shall be restored using infrared pavement technology.
L. All pavement restoration, both temporary and permanent, shall be
constructed in accordance with the applicable specifications of the
Township of Wyckoff's road construction standards and this article.
M. The top or surface course of the pavement shall be level with the
grade of the surrounding pavement when it is compacted. The joint
between the patch and the existing pavement shall be sealed with an
asphalt emulsion.
N. If cross trenches are located less than 25 feet apart, the entire
roadway, beginning at a point three feet prior to the trench and running
to a point three feet beyond the trench, shall be resurfaced.
O. Milling shall be performed in accordance with the requirements of
the Township Engineer based upon conditions and elevations of the
existing surface of the street, curb face, drainage characteristics
and bonding with the permanent pavement such that unraveling of new
permanent pavement will not occur. Millings shall be disposed of by
the permittee or recycled, and tonnage thereof shall be reported to
the Municipal Recycling Coordinator.
[Amended 6-24-2014 by Ord. No. 1743]
The fees to be paid to the Township for permits shall be as
follows:
A. Driveway apron reconstruction, sidewalk repair or replacement and
opening of the unpaved portion of the right-of-way between the curb
and property line: $25.
B. Fee for issuance of permit for street opening involving pavement,
curb repair or installation, or utility work: $100.
[Amended 6-24-2014 by Ord. No. 1743]
A. Performance and maintenance guaranty. Any public utility authorized
by law to install or repair underground pipelines or conduits in the
Township shall file other satisfactory performance guaranties in favor
of the Township in the sum of $10,000. The performance guaranty shall
be approved as to form and surety by the Township Attorney and filed
with the Township Clerk. The performance guaranty shall be conditioned
upon:
(1) Indemnification of the Township for the cost of temporary and permanent
restoration to the same condition as before work was commenced of
any street or portion thereof that may be opened by the company. The
performance guaranty shall provide that it is a continuing obligation
for the full amount thereof for each opening made and the repair thereto.
(2) The repair of any defects in the restoration which may appear within
two years of such opening.
B. Permit. At least 10 business days before the opening of any street,
a public utility company, except in emergencies, shall apply to the
Township Engineer for a permit to open a street. The application shall
describe with reasonable certainty the proposed street opening and
the purpose for which it is to be made.
C. In an emergency, nothing in this section shall prevent any opening by a public utility company where immediate repairs would be necessary in order to prevent escaping gas from becoming a hazard to the public. In the case of emergency openings, the permit required in Subsection
B shall be obtained from the Township Engineer within 48 hours after such opening is made and shall clearly state the date, time and nature of emergency requiring the road opening. Emergency conditions shall not absolve the utility contractor from complying with all trench restoration standards contained herein.
D. Whenever a public utility, having filed such a performance guaranty
and while it is in full force and effect, requests the issuance of
a street opening permit, the Township Clerk shall charge a fee in
the amount of $100 for each such street opening, to be billed monthly
by the Township Clerk.
E. Any public utility, during the period when the performance guaranty is in full force and effect, shall be exempt from the requirements of §
165-15; excepting, however, that in lieu of filing a certificate of insurance as required herein, the public utility shall furnish a letter certifying that it is self-insured in the amount required under §
165-15 and that it is exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the New Jersey statutes.
F. Waiver of fees. The Township Committee reserves the right to waive
any and all fees for public utility companies working in the Township.
The waiver may be granted after written application of a public utility
to the Township Committee and shall be considered on a case-by-case
basis for good cause shown.
G. Nontransferability. Permits issued under this article are not transferable
from one person to another, and the work shall be carried out only
at the location specifically designated on the permit.
Any person, firm, contractor or corporation
violating any of the provisions of this article shall be subject to
a fine not to exceed $500 or to imprisonment not to exceed 90 days,
or both. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.