[Adopted 8-18-2015 by Ord. No. 15-2483[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
VI, Excavations, adopted 7-20-1982 by Ord. No. 1179.
The purpose of this article is to establish regulations and
fees for the opening of municipal streets within Borough of Bergenfield.
As used in this article, the following terms shall have the
meanings indicated:
An opening, tearing up or excavating, for any purpose, of
a Borough road of 100 feet or more of roadway length or where connecting
lateral 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 permittee.
Any person, firm or corporation granted a permit hereunder.
Telephone, telecommunications, electric, water, gas and cable
television companies or any other entity having either the power of
eminent domain or subject to the regulations by the Public Utilities
Commission of the State of New Jersey.
Any opening, tearing up or excavating, for any purpose, of
a Borough road, which is not an extensive opening.
Any street, road or other public way dedicated to and accepted
by the Borough of Bergenfield, and shall include all of the area thereof
lying within the bounds of the dedicated right-of-way.
The Bergenfield police officers.
A.
No person, persons or corporation, municipal or private, nor any
utility company, public or private, or licensed contractor 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 Bergenfield without first
obtaining a road permit from the Building Department of the Borough.
B.
Only such persons, firms or corporations to whom or to which permits
have been granted shall be permitted to perform such work and then
only in the manner herein required and only as specifically allowed
in the permit. Assignment of rights under any permit issued hereunder
is prohibited, and permits purportedly assigned shall be immediately
void. Contracting or subcontracting work to a person, firm or corporation
to whom or to which no permit has been granted is prohibited.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any work done by the
Borough of Bergenfield or under a contract with the Borough for the
construction of waterlines, sewer lines, storm sewers, or street improvements.
No person or corporation shall be issued a road opening permit
until he presents satisfactory proof in the form of the authorization
number from the One-Call Damage Prevention System as required by N.J.S.A.
48:2-73 et seq. Confirmation shall be attached as an exhibit with
the permit application.
[Amended 10-19-2021 by Ord. No. 21-2587]
No street, road or paved area constructed, reconstructed or
repaved within five years of the time that the road is sealed, other
than for an application approved by the Planning Board or Zoning Board
of the Borough or other regulatory authority, and/or required for
new construction, can be excavated, built or patched except in the
case of emergency, which includes but is not limited to gas leaks,
water main leaks and sewer breaks. In the event 20% or more of the
roadway is disturbed, the responsible party shall repave the impacted
area curb to curb.
Certification of all underground facilities having been previously
located and marked using standard color codes for gas, water and other
utilities is required. Such certification must indicate the marking
authorization number. Confirmation is to be submitted to the Borough
with the application.
A.
Form.
(1)
Application for a permit shall be made in writing on forms prescribed
by the Superintendent of the Department of Public Works and issued
by the Building Department and shall be filed at least one week prior
to the commencement of any work unless it is an emergency. 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),
firm 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 provided, together with the charges as hereinafter
set forth.
(3)
No work may commence by the 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, firm or corporation 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:
(a)
A true emergency exists and the person(s) doing the work notified
the Bergenfield Police Department prior to the start of work; the
Police Department 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 of the Department of Public Works 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 road work, the Police Department of the Borough shall be
notified prior to start of work, and the Superintendent of the Department
of Public Works or Borough 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 same is deemed appropriate by the Superintendent of the Department
of Public Works or Borough Engineer.
C.
Review of application. Prior to the issuance of a permit, copies
of the application therefor shall be referred to the Superintendent
of the Department of Public Works or the Borough Engineer who shall,
within five working days, note any objections to the issuance of a
permit or any conditions which shall be satisfied prior to or be imposed
as conditions upon the issuance of the permit, as appropriate.
D.
Applicant. The applicant must be a licensed contractor or agent of
a public utility, whether corporate, individual or partnership, who
will be actually engaged in the performance of the work to ensure
the safety of the public and that the work is done in accordance with
Borough specifications. 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 will not be issued directly to
private owners or developers without specific written approval of
the Mayor and Borough Council.
E.
Agreement. Except where otherwise provided by law, the owner shall
agree, as a condition of the issuance of a permit, that any facilities,
pipes or poles or other object(s) to be installed within the Borough
right-of-way pursuant to the permit shall be promptly relocated at
the owner's expense, except where otherwise provided by law, as required
by the Borough of Bergenfield 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 small and extensive openings. All small and extensive openings
shall first be reviewed and approved by the Superintendent of the
Department of Public Works, and extensive openings shall subsequently
be reviewed and approved by the Borough Engineer prior to the issuance
of a permit.
G.
Issuance. Street opening permits shall be issued by the Building
Department 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 Building Department.
A.
Generally. The New Jersey State Department of Transportation Standard
Specifications for Road and Bridge Construction (latest edition),
with all amendments and supplements, shall govern all of the work
performed under Borough of Bergenfield 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,
Bergenfield uniformed police may be required to act as traffic directors,
and the proper traffic control device 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 start of work.
(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
the 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 Borough Clerk and the Superintendent
of the Department of Public Works or the Borough Engineer 24 hours
in advance of the actual commencement of any work under a permit.
B.
Guard. The applicant shall keep the work site properly 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
cover as shown in Table 1 set forth below 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 the utility at the utility owner's expense in case of conflict
with future construction, reconstruction or modification of related
facilities, except as otherwise specified herein. The aforementioned
minimum cover may be waived by the Superintendent of Public Works
or Borough Engineer if the applicant prepares and files certified
plans indicating the locations, extent and depth of the facilities
and the plans are approved by the Superintendent of Public Works or
Borough Engineer. This subsection shall apply only to new construction.
|
Table 1
| ||
|---|---|---|
|
Utility Designation
|
Minimum Cover*
(inches)
| |
|
Cable Television
|
18
| |
|
Electric
|
18
| |
|
Gas
|
30
| |
|
Telephone
|
18
| |
|
Water
|
48
| |
|
NOTES:
| ||
|
*
|
Measured from top of pipe, conduit, duct or cable to finished
pavement or ground surface.
| |
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 pipe, conduits or other structures
are laid in the portion of the street to be opened. The notice shall
be given to all utilities by calling the One-Call Damage Prevention
System at telephone number (800) 272-1000 as provided by law, and
the permittee shall restore same, at his own expense, to the condition
it was in prior to commencement of work.
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 of Public Works or Borough 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 rattles and 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 of the Department of Public Works,
Borough Engineer or their designated representatives.
F.
Traffic control. (Reserved)
A.
The permittee shall be liable for any damage to the roadway leading
to or adjacent to the work site.
B.
The permittee shall, on a continuing basis, maintain all streets
and other property affected by the construction in a 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 and 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
the cost thereof. If the permittee fails to reimburse the Borough
for the costs incurred, the costs shall be deducted from the permittee's
deposit held by the Borough Clerk.
The Superintendent of Public Works or Borough 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 Bergenfield shall complete the work, or cause it to 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 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 Borough Engineer or Superintendent of Department
of Public Works 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 with approved pneumatic equipment before excavating.
(2)
The material excavated from the trench opening shall not be replaced
as backfill unless expressly authorized by the Superintendent of the
Department of Public Works or Borough Engineer. Excavated materials
must be removed from the work site the day of excavation.
(3)
The backfill of dense graded aggregate 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 of the Department of Public Works
or Borough 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 (compacted thickness) of hot mix asphalt surface pavement,
Mix 1-5, shall be placed for eight feet on both sides of the manhole
casting on four inches of compacted dense graded aggregate stone subbase.
The width of the hot mix asphalt pavement, Mix 1-5, 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 of Department of Public Works or Borough Engineer.
The Superintendent or Borough 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 compaction and cutback of the road, the entire width
of the trench plus a four-inch overlap shall be paved with the temporary
pavement.
B.
Asphalt pavement openings.
(1)
For openings in bituminous concrete or penetration macadam pavements,
backfill material shall be deposited in one-foot layers and thoroughly
compacted to a level 12 inches below the surface level of the adjacent
paved surfaces. The opening shall be cut back six inches beyond the
edges of the trench opening. The subbase course shall be dense graded
aggregate four inches compacted thickness. The base course shall be
hot mix asphalt, Mix 1-2 [stabilized base six inches thick (compacted
thickness) placed in three lifts]. The surface course shall be two
inches (compacted thickness) of hot mix asphalt surface pavement,
Mix 1-5, with all joints between the existing pavement and the bituminous
concrete surface course to 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 continuous surface. The surface course shall be two inches
(compact thickness) of hot mix asphalt surface pavement, Mix 1-5,
with all joints between the existing pavement, and the bituminous
concrete surface course shall be sealed with a tack coat.
(3)
The temporary pavement shall consist of four inches (compacted thickness)
dense graded aggregate subbase and the hot mix asphalt pavement, Mix
1-2 (stabilized base) course described herein.
(4)
The temporary pavement shall be placed and compacted one inch below
the finished surface of the existing pavement and shall be maintained
at this level by the permittee by the addition of hot mix asphalt
surface pavement, Mix 1-5, until final settlement has occurred. After
the Borough Engineer and/or Superintendent of Public Works has determined
that final settlement has occurred, the pavement shall be completed
by the placing and compaction of additional hot mix asphalt surface
pavement, Mix 1-5, level with the existing pavement. Prior to placing
the additional hot mix asphalt pavement, the pavement shall have tack
applied.
C.
Concrete pavement surface openings.
(1)
For all openings in concrete surfaces, the trench backfill shall
be compacted in one-foot layers to a level four inches below the top
of the adjacent paved surface. The openings shall be cut back six
inches beyond the edges of the trench opening. Four inches (compacted
thickness) of hot mix asphalt pavement, Mix 1-2 (stabilized base)
temporary pavement shall then be placed in two-inch lifts, compacted
level with the existing pavement and shall be maintained by the permittee
to a pavement level with the existing pavement by adding additional
hot mix asphalt pavement material until final settlement has occurred.
After the Borough Engineer and/or Superintendent of Public Works have
determined that final settlement has occurred, the temporary hot mix
asphalt pavement shall be removed and the opening excavated to a depth
of 10 inches and a pavement of Class "B" concrete, 10 inches in depth,
shall be constructed level with the existing pavement surface. The
Class "B" concrete pavement shall be reinforced with a double level
of six by six, No. 6 gauge wire mesh reinforcing and shall be placed
in the opening and extend fully into the cutback shelf. The bottom
wire reinforcing shall be set eight inches from the roadway surface.
The upper reinforcing shall be set two inches from the pavement surface.
(2)
The concrete pavement shall be finished to match the roadway surface
or with a broom finish as directed by the Borough Engineer or Superintendent
of Public Works.
(3)
After the concrete has been placed and if the roadway is to be opened
to traffic prior to full curing of the concrete, the roadway shall
be plated with standard highway plates capable of supporting H20 loading.
The plate shall extend a minimum of six inches beyond the limits of
the new concrete pavement. The plates shall be secured in accordance
with current New Jersey Department of Transportation specifications,
including temporary ramping, and shall remain in place for a minimum
of 28 days to permit curing of the concrete. If "high early" concrete
is utilized, the plates shall remain in place a minimum of 14 days.
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 of the Department of Public Works or the Borough
Engineer only when abnormal temperatures or inclement weather necessitates
the same.
E.
All work shall be guaranteed for a period of 12 months.
F.
Openings undertaken within five years of resurfacing. If a utility
opening is undertaken less than five years after a roadway has been
resurfaced, the utility shall be required to profile and resurface
that portion of the roadway deemed necessary by the Borough Engineer
and/or Superintendent of Public Works.
G.
All roadway excavations shall be saw-cut.
H.
Roadway openings shall be restored using infrared pavement restoration.
I.
All edges of the opening (extensive and small) shall receive an application
of sealant (tack) to repel water infiltration.
A.
Insurance. The applicant shall present evidence satisfactory to the
Borough Attorney or Risk Manager of insurance sufficient to indemnify
and save harmless the Borough, its agents and servants against and
from all suits and costs of every kind and form, all personal injury
or property damage resulting from negligence or from any phase of
operations performed under the permit. The insurance shall provide
limits of not less than $1,000,000 of 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 of the Department
of Public Works or the Borough Engineer may request additional insurance
if it is deemed necessary under the circumstances.
B.
Security.
(1)
The Building Department shall not issue a permit unless the applicant
has deposited as security for faithful performance a certified check
made payable to the Borough of Bergenfield or filed a bond with a
surety satisfactory to the Borough Attorney, the amount thereof to
be based upon the security deposit fee schedule for the work to be
performed.
(2)
A public utility applicant may, in lieu of the security required
above, deposit an annual corporate bond in the amount of at least
$20,000. The surety bond shall be renewed 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 fee exceeds the $20,000,
the public utility applicant shall file a surety bond in an amount
equal to the difference between the $20,000 and the required security
deposit. For all nonpublic 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 for the work to be performed.
(3)
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 Bergenfield will retain 100% of the security
deposit as security for maintenance of the 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 the 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 of the Department
of Public Works or Borough Engineer, and the surety bond will 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.
(4)
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 the 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. 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 herein. Should the escrow deposit
fee account at any time become insufficient to cover the actual or
anticipated inspection and professional expenses, the fund shall be
subject to increase on demand of the Building Department.
(2)
The Borough shall pay for 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
connecting the proposed opening or excavation at the rate established.
Fees shall be as follows:
A.
Application fee, nonrefundable (other than public utilities).
(1)
Road opening:
(2)
Boring, tunneling or driving under road: lump sum minimum of $75.
(3)
Curb, gutter, apron, sidewalk or driveway: lump sum of $15 when affected
by excavation.
(4)
Application fees shall be accumulated in one account for each public
utility, and the funds can be utilized for the payment of expenses
incurred by the Borough for any work performed for the permittee without
restriction as to which application the funds were originally posted
for.
(5)
In lieu of individual application fees, public utilities may pay
annual fees of $250.
B.
Application fee (utilities).
(1)
Road opening: Public utilities shall pay an annual flat fee of $2,000
per year beginning January 1 and thereafter.
D.
Escrow deposit fee for engineering and legal costs.
(1)
All road openings, excavating, borings and other work as stated on
the permit application:
(a)
Base charge, including the first five square yards on any trench,
driveway or sidewalk opened, 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 D(1)(a) above, a work schedule shall be submitted to and approved by the Superintendent of the Department of Public Works or the Borough 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 of the Department of Public Works or the Borough 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 of the Department of Public Works or the Borough Engineer and paid to the Borough 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 of
the Department of Public Works or Borough 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
for 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 Building Department, the balance
due, if any, to the applicant on account of any deposit shall be forthwith
returned.
Any person who shall violate any of the provisions of this article shall, upon conviction, be liable to the penalty stated in § 273-34. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the Borough Clerk to do so, each day that such pavements, roads or streets remain unrestored shall constitute a separate offense.
