[Adopted 11-16-1964 by Ord. No. 452 Ch.
22, Art. II, of the 1964 Code; amended in its entirety 8-18-2015 by Ord. No. 1310-15]
As used in this article, the following words or phrases shall
have the meanings indicated herein:
The area of a street between the nearest two cross streets.
The actual road surface area from curbline to curbline, which
may include travel lanes and parking lanes. Where there are no curbs,
the cartway is that portion between the edges of the paved or hard
surface width.
The area of the proposed street opening.
January 1 of the year following actual acceptance by the
Borough of a paved cartway.
Includes removing, digging in, disturbing, excavating or
taking up any surface, pavement or road in any road or street as defined
by this article.
A lane usually set on the side or sides of a travel lane,
designed to provide on-street parking.
Includes the regularly traveled portion of any street or
roadway for which the Borough is responsible, being constructed by
bituminous concrete, portland cement concrete, macadam or other materials.
A person (as defined herein) holding a permit to do the work
which is regulated by this article.
A person, corporation, partnership, association or any other
organization.
Any public utility as defined in N.J.S.A. 48:2.13, as amended.
Any road or street, including sidewalks, curbs and shoulders
thereof, in the Borough of Caldwell for the maintenance of which the
Borough of Caldwell is responsible.
Includes that area within the street right-of-way adjacent
to the existing pavement as described above and available for use
by vehicular traffic.
The portion of the cartway used for vehicular travel.
A.
No person shall make any excavation, tear up or place or conduct
construction in, over or upon any road or street in the Borough of
Caldwell or otherwise endanger, disturb or obstruct the normal flow
of traffic or normal flow of surface water by the placing of any barricade,
structure, material or equipment not designated normally to be operated,
placed or used on a road or street without first obtaining a written
permit approved by the Borough Engineer, which shall be issued by
the Construction Official upon payment of such fees as required by
this article and complying with all the terms and conditions of this
article.
(1)
Before a permit is issued, application must be made therefor upon
forms provided by the Borough, which are available at the Department
of Public Works or in the office of the Borough of Caldwell Construction
Official. The applications shall be accompanied by four sets of drawings
satisfactory to the Borough Engineer and Construction Official, showing
all details of any structure, pipes, ducts, wires, cables or other
facilities being installed, replaced or repaired in the road or street
or shoulder of any road or street being altered.
(2)
Every permit shall specify the name and residence of the applicant,
the place and places at which the work is to be done, the character
of the work, the Borough Tax Map block and lot number of the property
for the benefit of which the opening is to be made and the time within
which such work is to be completed and other such information as required
by the Borough Engineer or Construction Official. A permit issued
shall be valid only for the place, time period and character of work
specified in such permit.
B.
No permit shall be issued for work on a newly constructed street, which street shall have been constructed after the passage of this article, for a period of five years from the date of acceptance of such construction, except in cases of emergency as described in § 207-23.1, or as otherwise authorized by the Mayor and Council. Ninety days prior to the start of construction of permanent pavement on any street, the Construction Official shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Chief, and the Fire Chief of such construction and of the provisions of this section. Sidewalks shall be exempt from the provisions of this section.
C.
The following provisions shall apply to certain street opening permits:
(1)
If, by action of the Mayor and Council, a permit is issued to open
any paved and improved street surface less than seven years from the
pavement's effective acceptance date, a penalty charge shall be made
for the opening, provided that such penalty shall be waived by the
Borough Engineer in the event the work is of an emergency nature.
The penalty charge shall be equal to 2% of the cost of restoring the
opening for each unelapsed month or fraction thereof of the seven-year
restricted period. The cost of restoration and the validity of any
claim of an emergency shall be determined by the Borough Engineer.
The minimum penalty charge shall be $1,000.
D.
Denial of permit.
(1)
The Borough Engineer is authorized to refuse the issuance of any
such permit if such refusal is in the interest of public safety, public
convenience or public health. In the event that any permit shall be
refused by the Borough Engineer, an appeal may be taken to the Mayor
and Council. The Mayor and Council, after hearing the applicant and
other evidence as may be produced, may either direct the issuance
of such permit or sustain the refusal of the Borough Engineer.
(2)
No permit shall be granted in the event that there are currently
outstanding two permits for construction in an area within a one-block
radius of the permit application site. The permit shall not be granted
until such time as work pursuant to one or more of the outstanding
permits has been satisfactorily completed in accordance with the terms
of this article.
E.
No work permit will be issued for work that requires blasting.
F.
Power to make additional rules and regulations. The Borough Engineer,
subject to the approval of the Mayor and Council, may make any rules
and regulations which he considers necessary for the administration
and enforcement of this section, but no regulation shall be inconsistent
with, alter or amend any provision of this section or impose any requirement
which is in addition to those expressly or by implication imposed
by this section. No regulations shall be effective unless they shall
be approved by resolution of the Borough Council. Copies of all current
regulations shall be furnished each permittee at the time of the issuance
of the permit.
Prior to the issuance of a permit for excavation below pavement
grade, the applicant shall file a certificate of insurance with the
Construction Official certifying that there is in full force and effect
liability and property damage insurance for the protection of the
applicant, the Borough or its agents and employees connected therewith
from any and all claims for personal injury, including accidental
death and for property damage, in minimum amounts of $500,000 to $1,000,000
for bodily injury and $100,000 for property damage.
A.
No person shall be granted a permit to open any street or perform
any work as described in this article on or in a street or road until
and unless there shall be deposited with the Construction Official,
by certified check, an amount sufficient to secure the cost of repairing
and replacing such street or other surfaces or appurtenances within
the street area as may be determined by the Construction Official.
Such sum shall be forwarded to the Borough Treasurer, and the minimum
amount deemed sufficient for such purposes shall be $1,000, and such
deposit shall be held for a period of 90 days. Any person may file
a performance surety bond in the amount stated herein to secure the
cost of repairing and replacing such street or other surfaces or appurtenances
within the street area in the manner as herein provided.
B.
Each bond filed pursuant to this article shall be in a form satisfactory
to the Borough Attorney.
A.
In addition to the deposit or bond as provided in § 207-15, each applicant for a permit shall pay the following fees for the purposes of issuance of the permit, examination of drawings, and as an initial deposit for the administration and inspection of work:
(1)
Small opening fee. For an opening of not more than eight square feet:
a combined application, administration, and inspection fee of $180.
(3)
Notwithstanding Subsection A(2) above, if the work to be done is described in § 207-13C(2), then the engineering fee and the inspection fee shall be calculated by the applicant and submitted to and approved by the Borough Engineer.
B.
Should any additional costs be incurred by the Borough due to the
permittee's operations or negligence, including administrative, engineering,
inspection and legal costs, the permittee shall reimburse the Borough
for all costs incurred. The permittee shall be required to post adequate
funds in escrow to reimburse the Borough for costs of the Borough
Engineer's inspection. Any excess moneys shall be remitted to the
permittee upon approval and acceptance by the Borough Engineer of
all final, permanent restoration work in accordance with the standards
set forth herein. All costs shall be paid by the permittee prior to
the issuance of a permit by the Borough Engineer, as provided herein.
No such security deposit, certified check or performance surety
bond shall be released by the Construction Official until all repairing
and replacing of streets or other surfaces or appurtenance within
the street are completed fully to the satisfaction of the Borough
Engineer, all fees have been paid, as provided by this article, and
there shall be compliance with all other provisions of this article.
In no event shall any such security deposit, certified check or performance
surety bond be released without obtaining written approval thereof
by the Borough Engineer. However, no such approval of the Borough
Engineer shall be given for a period of three months from the completion
of such work.
A.
Unless otherwise directed by the Borough Engineer, the following
procedures shall govern the street opening process:
(1)
The permittee shall provide 48 hours' notice of the start of the
street opening to the Borough Engineer.
(2)
All excavations within paved surfaces shall be preceded by the sawcutting
of the surface.
(3)
Forty-eight hours prior to the commencement of the backfilling, the
Borough Engineer shall be notified by the permittee.
(4)
The permittee shall provide access for the Borough Engineer to perform
the required inspections. The inspections performed by the Borough
Engineer do not relieve the permittee's responsibilities to perform
all work in accordance with the provisions of this article.
(5)
The permitee must notify the Borough Engineer at least 24 hours prior
to close of the trench.
B.
Unless otherwise directed by the Borough Engineer, the following
specifications shall govern the street opening process:
(1)
All road, shoulder and driveway openings shall be backfilled with
material meeting the requirements of the New Jersey Department of
Transportation dense graded aggregate (DGA) unless otherwise specifically
permitted by the Borough Engineer. The backfill shall be tamped in
twelve-inch layers with a mechanical tamper and made thoroughly compact,
firm and unyielding as backfilling progresses. The backfill material
shall be brought to eight inches from the finished surface in roadway
areas.
(2)
All material not suitable for backfill and all excess backfill material
shall be removed from the site. The proper disposal of excavated material
shall be the sole responsibility of the permittee.
(3)
Temporary pavement of eight inches of bituminous stabilized base
course (I-2 or Borough Engineer-approved equal) shall be placed in
the opening in two lifts and separately compacted so as to provide
a smooth surface. A thin tack coat shall be applied to the sides of
the existing pavement.
(4)
The contractor or owner performing construction shall enclose or
cover by tarpaulin or other suitable means all sand, gravel and other
construction materials stored on the property or any portion of the
street or sidewalk whenever the contractor or owner doing construction
is not engaged in construction and take all necessary steps to prevent
dislodging or washing of construction materials from their stored
site onto the sidewalks, streets or adjacent property in the Borough
or into any public sanitary or storm sewer or catch basins in the
Borough. The contractor shall not store any material within the right-of-way
unless specifically authorized by the Borough Engineer and police.
(5)
The holder of the permit shall guard the excavation or excavations
by the erection of suitable barriers by day and the maintenance of
suitable lights by night. The Borough Engineer and/or police may require
additional security measures as required for public welfare. Under
no circumstances shall an open trench remain open overnight. All open
trenches shall be temporarily backfilled or sufficiently plated with
steel plates anchored to the existing street.
Unless otherwise directed by the Borough Engineer, upon completion
of the opening and backfill, the following specifications shall govern
the maintenance and repair of street openings by the permittee:
A.
The permittee shall notify the Borough Engineer at least 24 hours
prior to final repair of the trench.
B.
The following table shall define the scope of the required street restoration, which shall be subject to the standards of Subsection C.
|
Elapsed Time from Effective Acceptance Date to Date of
proposed Work
(years)
|
Size of Opening in Travel of Parking Lane
(square feet)
|
Required Final Repair
|
|---|---|---|
|
Less than 7
|
Less than 16
|
Infrared road opening repair to the extent determined by the
Borough Engineer
|
|
Less than 7
|
More than 16 but less than 25% of the block
|
Perform a 2-inch mill and 2-inch overlay between the curbline
and center line of the roadway; if the permit extends to the next
block or fraction of the next block, the repaving will include the
full block area from curb to center line
|
|
Less than 7
|
More than 16 and 25% or more of the block
|
Perform a 2-inch mill and 2-inch overlay between the curblines
of the roadway; if the permit extends to the next block or fraction
of the next block, the repaving will include the full block area from
curb to curb
|
|
More than 7
|
Any size
|
To be repaired as required by § 207-19C
|
C.
The final repair of the street opening shall meet the following standards:
(1)
Six inches of bituminous stabilized base course shall be placed and
compacted so as to provide a smooth surface. A thin tack coat shall
be applied to the sides of the existing pavement.
(2)
The permittee shall maintain pavement openings to the existing grade by the addition of bituminous concrete as required by this article. Should the permittee fail to do so in the opinion of the Borough Engineer, the Borough Engineer shall notify the Construction Official of such failure, and the Construction Official shall, upon 24 hours' notice, whether oral or written, to the permittee, order such conformity with this article or such repair or any such work deemed necessary and proper by the Borough Engineer and/or Construction Official, whereupon the Department of Public Works of the Borough shall commence such work, and the cost thereof shall be deducted from deposits received under § 207-15 hereof. If sufficient funds are not available, the permittee will be notified immediately.
(3)
When, in the opinion of the Borough Engineer, settlement in the pavement
opening has ceased, the bituminous concrete surface course and base
course shall be removed to the required depth and the edges of the
existing pavement shall be neatly cut back to a minimum of six inches
with a pavement saw or pneumatic cutting tool, and a permanent pavement
shall be installed in the following manner:
(a)
There shall be no varying width in the final repair.
(b)
The edges of the existing pavement shall be painted with asphaltic
oil, and hot-mixed bituminous concrete pavement shall be installed
consisting of six inches of a New Jersey Department of Transportation-approved
bituminous stabilized base course mix (I-2 or Borough Engineer-approved
equal), and two inches of a New Jersey Department of Transportation-approved
bituminous concrete surface course mix (I-5 or Borough Engineer-approved
equal).
(4)
For openings in reinforced concrete pavement when the settlement
in the temporary pavement has ceased, the temporary pavement shall
be removed to the required depth, and permanent pavement shall be
installed. The edges of the existing pavement shall be neatly cut
back to a minimum of six inches with a pavement saw or pneumatic cutting
tool to expose the existing reinforcement steel. There shall be no
varying width in the final repair. New steel of the same size as the
existing steel shall be wired to the existing steel with a six-inch
overlap. New concrete, 2,500 psi, eight inches thick, shall be installed
to complete the permanent repair.
(5)
Driveway openings shall be replaced in kind, and the appropriate
specifications for the shoulder openings or pavement openings shall
govern replacement of same.
(6)
Adequate provision, as approved by the Borough Engineer, shall be
made to maintain and restore drainage facilities.
(7)
In the event that the street opening requires removal of a portion
or the whole crosswalk, the permittee is required to replace the existing
crosswalk strip from curb to curb in its entirety. In the case where
the crosswalk being disturbed is other than striped, for example,
stamped or textured asphalt or pavers or bricks on a concrete base,
the entire crosswalk and, if applicable, the sidewalk area, shall
be removed and replaced in kind, including the striping, pursuant
to details approved by the Borough Engineer.
All provisions of this article, except §§ 207-15 through 207-17, shall apply to state, county or municipal authorities in addition to all persons described herein, as well as to contractors performing work in Borough streets under construction contracts with such state, county or municipal authorities, and such contracts shall contain provisions and specifications to ensure compliance with the provisions of this article.
A.
Warning devices.
(1)
Every person making an excavation shall be required to place and
maintain suitable warning devices, precaution notices, barriers and
lighting devices pursuant to the requirement of Title 39 of the Revised
Statutes of the State of New Jersey and amendments thereto, and such
additional safety warning devices as deemed suitable by and in the
opinion of the Borough Engineer, Chief of Police (or his designee),
or Construction Official.
(2)
In addition to any other provision of this article or any state regulation
or law or any other provision of any Borough of Caldwell ordinance
or chapter of this Code, any person performing excavation work or
roadway construction within 2,000 feet of any school (public or private)
located in the Borough of Caldwell shall have an adequate number of
traffic directors or flagmen as determined by the Borough of Caldwell
Police Department to provide for the safety of all pedestrians, including
school children, and for the expeditious movement of traffic; and
the public school affected through the Borough of Caldwell Board of
Education or the private school within said 2,000 feet, as the case
may be, shall be notified of such work seven days in advance of such
work by the Borough of Caldwell Police Department and the person(s)
performing such work.
B.
All work shall be conducted in such manner as to minimize the obstruction
of traffic and inconvenience to the public and occupants of adjoining
property. Where fewer than two complete traffic lanes are maintained,
flagmen shall be employed. Where an excavation extends the full width
of a street, only half of such street shall be open and backfilled
prior to opening the remaining half.
C.
When work is being conducted on roadways with only one travel lane,
the contractor shall notify the Police Department 48 hours in advance
of the work's commencing in order to establish an emergency no-parking
area, if necessary.
D.
All persons making excavations in the street shall inquire of the
Chief of Police to determine if flagmen or detours of traffic are
needed or the work is to be scheduled in order to minimize disturbance
of the normal traffic flow.
E.
Preconstruction meeting.
(1)
It shall be the responsibility of the person, contractor, or public
utility wishing to conduct work on, under or above the roadway to
contact the Traffic Bureau of the Caldwell Police Department in order
to arrange a preconstruction meeting in order to submit plans for
the safe movement of traffic during such period of construction work.
Any person, contractor or utility who fails to comply with this section
prior to the start of such work or whose plans are not approved by
the Traffic Bureau of the Caldwell Police Department is in violation
of this section.
(2)
Public utilities conducting routine maintenance work expected to
require less than one day need not comply with the preconstruction
meeting requirements.
F.
Prior to the start of any work, the person, contractor, or utility
shall provide the Traffic Bureau of the Caldwell Police Department
with at least two emergency contact phone numbers to be called in
case of emergency problems at the construction or maintenance site.
If for any reason the emergency contact cannot be reached, or if the
emergency contact person does not respond to the call from the Police
Department to correct a hazardous condition, the Borough may respond
to correct such hazardous condition. The reasonable fees for such
emergency service by the Borough shall be charged to the person.
G.
There shall be no construction, maintenance operations or utility
work on any roadway in the Borough before the hour of 9:00 a.m. or
after 4:00 p.m. This time limit may be adjusted to permit work prior
to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Traffic
Bureau of the Caldwell Police Department. If it is determined by the
officer in charge of the Police Traffic Bureau that the construction
or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would
substantially delay traffic or cause a safety or health hazard, the
work shall then be permitted only between 9:00 a.m. and 4:00 p.m.
H.
Road closings and/or traffic detours shall not be permitted unless
approved by the Caldwell Police Department.
I.
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Caldwell Police Department that same
are necessary to provide for the safety and expeditious movement of
traffic.
J.
The Caldwell Police Department shall have the authority to stop work,
including the removal of equipment and vehicles, stored material within
the street right-of-way, backfilling of open excavations and/or other
related work, in order to abate any nuisance and/or safety hazard
or for any violation of this section.
K.
No materials, vehicles or equipment are to be placed in the roadway
or sidewalk area until all construction, signs, lights, devices, and
pavement markings are installed.
Any street opening must be backfilled in accordance with § 207-18 within a period of 48 hours after commencement of excavation. Temporary repaving in accordance with this article shall be completed promptly as trenches are backfilled. The permittee may request an extension to the 48 hours by submitting a construction schedule that is approved by the Borough Engineer and the Chief of Police. Notwithstanding such extension, any street opening which may be permitted to be longer than a period of 48 hours shall be covered with a one-inch fixed steel road plate. Permit and pavement replacement shall be completed within a period of six months from the date of installation of temporary pavement unless the Borough Engineer shall designate a shorter period of time. During the winter season, as determined by the Borough Engineer, the permit and pavement replacement will be deferred until weather permits.
A.
Any public utility subject to regulations by the Board of Public Utility Commissioners of this state may, in lieu of security deposits required in § 207-15, execute a bond in the penal sum of $25,000 to the Borough and file the same with the Construction Official. Such bond shall be conditioned upon compliance with the applicable provisions of this article. In lieu of filing certificates of insurance as provided in § 207-14, a public utility may file with the Construction Official evidence certifying that it is qualified as a self-insurer, pursuant to the appropriate statutes of this state. The provisions of this article shall not apply to the installation of public utility poles and anchors.
B.
Each public utility, in lieu of complying with Subsection A herein, may file each year with the Construction Official of the Borough of Caldwell a maintenance guaranty bond in the penal sum of $25,000, conditioned upon compliance with the applicable provisions of this article.
C.
Notwithstanding any other section of this article, all public utilities may choose to be exempted from permit and inspection fees as provided in § 207-15; provided, however, that such public utility company shall pay an annual public utility combined permit and inspection fee of $6,500, such fee to be paid on or before January 15 of each calendar year.
D.
Each bond filed pursuant to this article shall be in a form satisfactory
to the Borough Attorney and shall remain in effect for a period of
one year after the last restoration work under any permit which has
been completed and accepted by the Borough.
A.
In the case of emergency repair work where construction maintenance
operations or emergency utility work must be performed that will obstruct,
interfere or detour traffic or any roadway in the Borough, the person,
contractor or utility performing such operation shall notify the Caldwell
Police Department of such emergency operation. The person, contractor
or utility shall disclose the nature of the emergency, location and
hours of operation.
B.
All emergency construction and maintenance operations shall be performed
with full regard to safety and to keep traffic interference to an
absolute minimum. During such emergency repair work, the person, contractor
or utility shall comply with the provisions of the Manual on Uniform
Traffic Control Devices while performing such emergency repair work.
A.
Every permittee shall, as a condition of accepting any permit issued
hereunder, save and hold harmless the Borough and indemnify such Borough,
its officials, agents, servants and employees from and against any
and all loss, damage, claim expense or demand whatsoever arising out
of any matter or resulting from the opening of any street and the
issuance of a permit therefor, as provided in this article.
B.
If the permittee, in installing the permanent pavement, shall fail
to make progress satisfactory to the Borough Engineer, the Borough
may give written notice of such failure to the permittee. If, within
20 days after the receipt of such notice, the permittee shall fail
to make progress at a rate satisfactory to the Borough Engineer, the
Borough shall have the right to complete the installation of such
pavement, in which event the permittee shall be charged for the cost
thereof at rates the Borough is billed by the contractor who performs
the work or at the rate it costs the Borough to perform such work
itself, which charges shall be billed after the receipt of the bill
therefor.
A.
This article only regulates street and road openings as defined herein.
It is not suggested or implied that permittees are exempt from obtaining
other permits for work involved in the street or road opening, including
but not limited to other Borough permits, water company hookup fee
permits, other utility permits and the like.
B.
This article only regulates the surface of the streets and roads,
and it shall not be interpreted to extend to such regulation.
The provisions of this article shall be enforced by the Borough
Engineer and/or the Construction Official or their designees.
Any person, contractor or utility who commits a violation of
this article shall, upon conviction thereof for a first offense, pay
a fine of not less than $100 nor more than $500 and/or be imprisoned
in the county jail for a term not exceeding 90 days; for a second
offense, upon conviction thereof, pay a fine of not less than $250
and/or be imprisoned in the county jail for a term not exceeding 90
days; for a third or subsequent conviction, pay a fine of not less
than $500 and/or be imprisoned in the county jail for a term not exceeding
90 days.
