[Adopted 8-19-1974 by Ord. No. 399]
As used herein, the following terms shall be defined as follows:
Any person or persons, partnership, association, corporation
or public utility making application for a street opening permit.
The Borough of Demarest.
Any unforeseen and unexpected occurrence which causes a clear
and immediate danger to persons or damage to property, thereby requiring
immediate repair.
Any excavation, removal, repair, construction, reconstruction,
drilling or tunneling within the rights-of-way of accepted or unaccepted
streets or easements owned or regulated by the Borough, and including
but not limited to drilling or cutting through pavements, curbs, gutters,
drainage facilities, shoulders, embankments, utility lines or structures.
Test holes of small diameter, whether drilled, driven or cut, are
to be considered "openings"; however, only one application permit
and fee shall be required for a series of such test holes.
Any applicant who has been issued a permit and is obligated
to fulfill the terms and conditions of this article.
Includes but shall not be limited to a highway, road, avenue,
alley, lane or place dedicated to public use, whether or not accepted
and whether or not subsequently vacated, and including other areas
between the side lines thereof.
Any road whose traveled way is surfaced with cinders, dirt,
gravel or stone without bituminous or cement binder, and any road
which may exist within an approved subdivision but which is not yet
accepted for ownership, maintenance or legal jurisdiction by the Borough.
No person, partnership, association, corporation or public utility
shall cause the opening of or otherwise disturb any public street
or any other public improvement or facility located therein without
first having obtained a permit from the Borough Clerk in accordance
with the rules, specifications and procedure hereinafter set forth.
The Borough reserves the right to exempt itself from the permit requirement.
In the event of an emergency, the opening may be made to remove,
repair or correct the emergency, provided that a reasonable attempt
is made to first contact the Borough Engineer or Borough Clerk for
immediate approval. If the Borough Engineer or the Borough Clerk cannot
be contacted, then and in any event the Police Department shall be
notified prior to any opening. The application for a permit, as provided
for in this article, shall be made thereafter as soon as possible.
A.
Permit application. Application for a permit shall be made on forms
provided by the Borough Clerk and must be filled out completely and
in the number and copies specified on the form and filed with the
Borough Clerk, along with the required permit fee and other required
exhibits as set forth herein. Said forms shall request the name of
the applicant, the location of the work to be performed, the purpose
of the work and the estimated length of time to completion.
B.
Drawings. The applicant shall file, along with the application form,
appropriate engineering drawings, in triplicate, which show the following
details:
(1)
Key map showing schematically the location of the proposed opening
relative to surrounding streets or other key landmarks.
(2)
Existing facilities, such as pavement, curbing, sidewalks, driveways,
drainage and utilities, in the working area.
(3)
Details of proposed opening and work to be done, including excavation,
plan, profile and appropriate sections of the opening and construction
details.
C.
Review of permit application. Upon the submission of the permit application and all of the above-mentioned required documents and drawings, the Borough Clerk shall forward the entire file to the Borough Engineer. The Borough Engineer shall review the application. He shall reject the application or he shall instruct the Borough Clerk to grant the permit, subject to the fulfillment of the requirements of Subsections B and D of this section where, in his opinion, the application can be approved without any special limitations or conditions and where the requirements of this article are met. He shall make his recommendations for approval or rejection of the application, with special limitations to be imposed upon the permit, to the Mayor and Council. The Mayor and Council shall review the application.
D.
Additional requirements prior to issuance of permit. After approval
of the application but prior to the issuance of the permit, the applicant
shall:
(1)
Insurance. Obtain and keep in full force and effect, for the entire
term of the work to be performed, a policy or policies of insurance
providing general comprehensive liability insurance covering bodily
injury and property damage with limits of at least $1,000,000 per
occurrence and $2,000,000 in aggregate. There shall be submitted a
certificate of insurance evidencing that such insurance is in full
force and effect and will remain in full force and effect for the
entire time of the proposed work. The certificate shall also state
that the insurance policy or policies evidenced thereby shall not
be cancelable without 10 days' notice to the Borough.
[Amended 12-3-2012 by Ord. No. 1000]
(2)
Save-harmless agreement. File an agreement, in writing, to save the
Borough harmless from any loss, injury, damage or liability whatsoever
resulting from the course of construction, whether directly or indirectly
connected with the work, or from any negligence or fault of the applicant,
its agents, servants, representatives or contractors in connection
with the work covered by the plan and permit.
(3)
Cost schedule. File an estimate of the cost of the opening work to
be done, including the cost of backfill and replacement work, and
an estimate of all starting and completion dates. Cost schedules shall
be subject to the review and approval of the Borough Engineer.
[Amended 11-18-1974 by Ord. No. 404; 12-3-2012 by Ord. No. 1000]
A.
Prior to the issuance of a permit, the applicant shall deposit with
the Borough Clerk the following:
(1)
Permit fee. A nonrefundable application fee in the amount of $250
shall be paid to the Borough for each road opening permit.
(2)
Escrow for engineering services. The applicant shall deposit with
the Borough an escrow in the amount of $500 to pay the cost of engineering
services and fees for inspection services by the Borough Engineer.
In the event this escrow is exhausted, the applicant shall be required
to replenish the escrow. Failure to submit additional escrow funds
when directed by the Borough shall result in suspension and/or revocation
of the permit.
(3)
Performance guarantee.
(a)
No permit shall be issued until the applicant has submitted
to the Borough a performance guarantee in the form of cash, certified
check, or surety bond issued by a bonding or surety company licensed
to do business in the State of New Jersey in an amount determined
to be sufficient by the Borough Engineer, not to exceed 150% of the
Borough Engineer's estimate of the cost of performing the work. Any
surety bond shall be subject to approval as to form, sufficiency and
execution by the Borough.
(b)
The performance guarantee shall be for compliance with all provisions
of this article by the permittee, including the faithful performance
of the work to be performed under the permit including the cost of
backfill and replacement work as well as any damage to persons or
property resulting from the work, repair of any defective work, and
payment of all monies due under this article. The performance guarantee
shall remain in effect for a period of two years from the completion
of the work. However, the Borough may release the performance guarantee
sooner upon the Borough Engineer's determination that the work has
been completed in accordance with the provisions of this article and
that the excavation will not settle or cave in.
(4)
Annual performance guarantee. A public utility, as defined in N.J.S.A.
48:2-13, or a governmental agency may, in lieu of posting a separate
performance guarantee for each road opening, yearly deposit and maintain
the sum of $15,000 with the Borough Clerk in cash or surety bond issued
by a bonding or surety company licensed to do business in the State
of New Jersey. Such deposit shall ensure compliance with the applicable
provisions of this article and shall be a continuing obligation to
the full amount thereof with respect to each street opening. However,
this provision shall not exempt a public utility or governmental agency
from the escrow fee for engineering services, nor shall it exempt
a public utility from the application fee.
B.
Upon the failure of the permittee to comply with any of the requirements
of this article, after notice of noncompliance and after providing
the permittee with a reasonable time in which to comply, the Borough
may perform or cause to be performed such work as is necessary to
secure such compliance. The permittee and any surety on said surety
bond shall be liable for any cost incurred as a result thereof. The
cost of any work which the Borough performed or causes to be performed
pursuant to this section and any damages of any sort as to which a
surety bond may be given may be satisfied, in whole or in part, out
of the required cash deposits or surety bond.
C.
The cash deposit or surety bond shall be subject to the review of
the Borough Engineer. If the Borough Engineer determines that the
amount of the deposit or bond is insufficient to secure compliance
with this article, then an amount sufficient to secure such compliance
may be required.
A.
Terms. Upon satisfactory completion of the procedure outlined above,
the Clerk shall issue the opening permit. The permit shall set forth
the following data:
(1)
The name of the permittee.
(2)
A brief description of the location of the proposed opening and the
work contemplated.
(3)
A commencement and termination date.
(4)
Any special conditions the Borough has imposed.
(5)
A listing of the supporting documents, plans, specifications, etc.,
which serve as a basis for the permit.
[Amended 12-3-2012 by Ord. No. 1000]
C.
Nontransferability. Opening permits issued under the provisions of
this article are nontransferable.
D.
Revocation. Permits will be revoked at any time it might be found
by the Mayor and Council, upon recommendation of the Borough Engineer,
that the permittee has failed to comply with the provisions of the
permit and after 24 hours' written notice has been given to the permittee
without correction of said failure to comply. If, after permit revocation,
it becomes necessary for the Borough either to complete the work or
to refill or repair the opening, the cost of such work by the Borough
will be deducted from any deposited fees that may have been paid by
the permittee, or, if a surety bond has been given, then said bond
will be declared to be in default to the extent of such unpaid costs.
A revoked permit may be reinstated only after favorable recommendation
of the Borough Engineer and on majority affirmative vote of the Borough
Mayor and Council.
[Amended 12-3-2012 by Ord. No. 1000]
Except in emergency situations, at least 24 hours prior to the
planned commencement of work, the permittee shall advise the Borough
Engineer or such other official of the Borough as may be designated
by the Mayor and Council that the work is to commence.
A.
Conduct of the opening work. The work shall be done in an efficient
and workmanlike manner and in accordance with the plans and specifications,
using proper tools, machinery, materials and manpower to effect a
quality and expeditious job. Except under emergency conditions, the
opening work will be conducted between the hours of 7:00 a.m. and
4:00 p.m., except on Fridays, Saturdays, Sundays and all legal holidays,
when no opening work will be permitted.
[Amended 4-18-1983 by Ord. No. 562]
B.
Supervision. The permittee will have a qualified supervisor at the
site of the opening work during all working hours.
C.
Inspection. The Engineer, the Mayor and Council or their authorized
representatives shall be given access to the construction site during
progress of the work in order to observe and inspect the work. All
materials, including excavated materials, are subject to inspection
and approval by such Borough officials. Where the planned opening
will be made through, adjacent to or near an existing public utility
facility, the permittee shall notify said utility company, whose representative
shall be given access to the construction to observe and inspect that
portion of the work involving said utility facility.
D.
Removal of existing features. The existing pavement, blacktop or
concrete shall be cut in a straight line or lines prior to any subsurface
excavation, which shall be confined to the area between the cuts.
If pavement, curbing or other surface construction becomes damaged,
ragged or zigzagged, when it comes time to repave or replace the facility,
then the edges shall be cut or recut in a straight line or lines to
the satisfaction of the Borough Engineer, in general, parallel with
the lines of the excavated trenches and in a width sufficient to accommodate
the entire excavation and to create a smooth finished appearance when
the construction is complete. When cutting through reinforced concrete
pavement, the saw cutting will be done in such a way as to permit
the exposing of existing reinforcement, which is not to be cut but
is to be exposed, retained and allowed to project into the excavation
at least 18 inches. These exposed bars will later be reformed to tie
into the patched concrete. No trees or shrubs may be removed without
permission of the Shade Tree Commission[1], and any damaged will be replaced by the permittee.
E.
Protection of unpaved areas. On banks and slopes of unpaved or unimproved
roads or grass-planted areas, the topsoil shall be saved and carefully
reduced to a four-inch depth after the opening has been refilled and
resettled. The topsoil shall be raked evenly and shall have rye grass
seed, other acceptable grass seed or approved sod placed thereon.
The permittee will be responsible for turf growth through two mowings.
If sufficient topsoil is available from the excavation, then the permittee
will bring new topsoil in and place same as required above.
F.
Backfilling. After the scheduled work of construction has been completed
in the open excavation, the backfilling shall be done using excavated
material, if acceptable to the Borough Engineer, or, if excavated
material is unacceptable, using imported clean shale, bank-run gravel,
quarry blend stone or other acceptable material. In placing backfill,
the permittee or his contractor shall use a mechanical or vibrating
tamping device or machine, placing fill in six-inch to ten-inch compacted
lots as directed by the Engineer.
(1)
Unimproved roads and shoulders. On unimproved roads and shoulders,
the backfill shall be brought up to within seven inches, after compaction,
of the existing surface grade. There shall then be placed five inches
of two-and-one-half-inch crushed stone ballast, which shall be bound
on top only with Grade B screenings or bank-run gravel, quarry-blended
stone or slag and thoroughly compacted. The remaining two inches shall
be three-fourths-inch crushed stone, quarry blended sufficient times
to make a tight, stable surface.
(2)
Improved roads.
(a)
On improved roads with bituminous pavements, the backfill shall
be brought up to a level, relative to the original pavement, where
a proper based and hot mix asphalt pavement can be constructed. The
pavement courses shall be in accordance with current requirements
of N.J.A.C. 5:21-4 and in accordance with the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
2007 Edition or as amended. The surface course of pavement shall extend
a minimum of 36 inches beyond the excavation on all sides. The restoration
shall be performed so as to have the repaved area appear reasonably
similar to the existing pavement. Infrared or equal type of technology
may be required to be used for the restoration process.
[Amended 12-3-2012 by Ord. No. 1000]
(b)
On improved roads with portland cement concrete pavements, the
backfill shall be brought up to a level, relative to the original
pavement, where a proper and complete concrete surface pavement can
be reconstructed at least to the total thickness of the original pavement,
and provided further that a minimum of eight inches of concrete pavement
shall be reconstructed. Reinforcement, using No. 3 longitudinal reinforcement
bars spaced six inches center to center, shall be set in the new concrete
overlapping with the old, exposed bars and of the same approximate
vertical positioning. End surfaces of existing concrete pavement are
to be thoroughly cleaned, soaked with water and coated with a brush
coat of neat cement prior to placing new concrete in contact with
same. Concrete shall be Class B conforming to the requirements specified
therefor in Article 4.1.2 of the Standard Specifications (1961) of
the New Jersey Department of Transportation, as amended and supplemented.
(3)
Shoulders. Where shoulders are unimproved, backfilling and surface repairs shall be as specified or unimproved roads in Subsection F(1) above. Where shoulders are of bituminous pavement, the provisions of Subsection F(2)(a) above shall apply. Where shoulders are of portland cement concrete, the provisions of Subsection F(2)(b) above shall apply.
G.
Curbs, gutters and driveways. Where the opening involves cutting
through existing curbs, gutters, driveways and any other surface structures,
the permittee or his contractor shall rebuild or replace such surface
structures, as closely as possible duplicating the original as to
dimensions, grade, appearance and materials. Curbs and gutters shall
be reconstructed of state highway Class B concrete, and concrete aprons
and other miscellaneous structures as shall be reconstructed of state
highway Class C concrete or superior.
H.
Existing pipes, utilities and subsurface structures. Any existing
subsurface pipes, utility lines, drains, foundations, abutments, inlets
or other structures, such as survey markers or monuments, that may
be disturbed, damaged or removed during the necessary opening work
are to be replaced, rebraced, reconstructed or repaired under the
direction of the Borough Engineer and, if applicable, the appropriate
officials of the utility company whose facility may be involved. Such
replacement, reconstruction or repair shall be made using materials,
methods and standards of workmanship at least equal to those of the
existing feature or, in the case of a public utility facility, to
the standards imposed by said utility. Caution and care shall be exercised
by the permittee not to disturb such existing structures or facilities
exposed by the opening, and no blasting will be done in these areas.
I.
Other ordinances. If and when the Borough may have adopted other
ordinances defining standards or specifications for the construction
of any structures or facilities covered above, then such ordinance
provisions shall govern the standards to be applied for openings or
excavations under this article.
J.
Blasting. No blasting shall be allowed unless approved by the Borough
Engineer. Blasting work shall be done only by an experienced and,
where required, licensed firm, person or corporation and only after
all required safety precautions have been taken and other necessary
permits or additional insurance coverage as the Mayor and Council
requires, if any, obtained.
K.
Surplus materials. The permittee or his contractor shall remove all
surplus or unusable fill, debris and other materials from the jobsite
at his own expense. The area shall be left clean and in a neat condition
at the end of the work to the satisfaction of the Borough Engineer.
Machinery, vehicles and tools of the contractor shall be promptly
removed from the jobsite when the work is completed.
A.
Safety precautions. The permittee and his contractor shall keep all
openings, all excavated materials and all machinery, tools or other
materials properly guarded and shall place and maintain barricades,
temporary fencing, guards or other appropriate warning devices at
all times during the progress of the work. Adjustable flashing warning
lights shall be operated at the opening site to warn the public from
one hour before sunset until one hour after sunrise unless the Borough
deems it necessary that the opening be closed because of any circumstance.
The permittee and his contractor shall at all times comply with all
state safety regulations outlined in the Construction Safety Code
of the Department of Labor and Industry, Bureau of Engineering and
Safety, State of New Jersey, effective November 15, 1963, as may be
amended from time to time.
B.
Cleanliness. If dust, dirt, air pollution and poor housekeeping of
detrimental material are allowed to exist, occur or continue as a
result of the work to the point where a public nuisance has occurred
in the opinion of the Borough Council or the Borough Engineer, the
Borough Engineer may stop the work until the situation complained
of is eliminated. Streets are to be kept broom-cleaned on a daily
basis. If dust persists, streets may be required to be hosed clean.
The Borough Engineer may direct the permittee or his contractor to
spread dust-inhabiting chemicals.
C.
Maintenance of traffic.
(1)
At all times during the course of construction, at least 1/2 of the
traveled way shall be kept open for public vehicular travel, unless
the permittee or his contractor provides and marks, to the satisfaction
of the Police Department, a suitable detour. The permittee shall at
all times make provision for local residents to have access to their
properties and shall maintain the roadway and adjacent areas free
from needless obstruction. No length of street, road, shoulder or
embankment shall be left open at any one time in excess of 500 linear
feet. No street may be completely closed to traffic unless authorization
is obtained from the Mayor and Council.
(2)
The applicant shall, for the protection of the traveling public and
his personnel, familiarize himself with and adhere strictly to the
requirements of these specifications and to the requirements of Title
39, Motor Vehicle and Traffic Regulations, of the New Jersey Revised
Statutes, wherever it shall pertain to necessary and required precautionary
measures regarding the type of work being done.
(3)
Traffic on all roadways within the municipality is under the direct
supervision and control of the Police Department of the Borough, hereinafter
referred to as the "police," who will enforce these requirements and
the Motor Vehicle Code as they pertain to the applicant.
(4)
If the police notify the permittee or his superintendent of any hazardous
construction practice, violation of the regulations or violations
of the Motor Vehicle Code, or if traffic volumes becomes excessive,
all operations shall be summarily discontinued and immediate remedial
action shall be taken to the satisfaction of the police before work
is resumed.
(5)
The safety measures outlined herein shall be considered as elementary
only and not necessarily sufficient in every instance to guarantee
the protection of the traveling public. The final responsibility for
the installation of adequate safety precautions and for the protection
of the traveling public and the workers employed shall rest with the
applicant.
(6)
Compliance with all prescribed safety precautions contained herein
shall not relieve the applicant of his primary responsibility to take
all necessary measures to protect and safeguard the work, nor relieve
him of any responsibilities.
(7)
No contractor, subcontractor or employee of any company shall begin
work in or immediately adjacent to any roadway, sidewalk or any walkway
until the provisions of these specifications have been complied with
and the Chief of Police or Traffic Safety Officer of the Police Department
has inspected and approved all traffic inspection devices proposed
by the contractor for use. Furthermore, the applicant shall, where
it may be necessary for emergency repairs or service at the site of
the work under construction, register at police headquarters the names
and telephone numbers of responsible representatives of the applicant
who may be contacted to correct or lessen any hazardous conditions
which may arise at times other than the normal working hours.
(8)
Whenever the applicant will be performing an operation which requires
the closing of a lane of traffic even for brief periods of time, the
applicant shall close the lane and so mark it with necessary protective
devices in accordance with the requirements hereinafter set forth.
Flagmen shall be placed in advance of all lane closings. Additional
flagmen shall be placed in the work area whenever trucks or other
vehicles enter or leave the traffic stream. These flagmen shall be
uniformed wherever the vehicle speeds or volumes are high and present
the need for such personnel. All flagmen shall be provided and paid
for by the contractor. Personnel vehicles shall not be permitted to
park in the work area or immediately adjacent thereto.
(a)
The work shall include the installation, transportation, continuous
maintenance, repair and replacement of all protective and warning
devices required by these provisions, including immediate repair or
replacement of any such devices as may be damaged by weather, vehicular
traffic or other causes.
D.
Protection of private property. Prior to starting work on the opening,
it shall be the responsibility of the permittee to advise each nearby
or adjacent property owner whose property will be temporarily inconvenienced
or disturbed or whose access or use of his property or the road facilities,
utilities or other features will be affected by the opening work,
either directly or indirectly, when the work will be done and as far
as possible the effect it will have on the owner's free use of his
property. The permittee will be solely responsible for any damage,
inconvenience or disruption to nearby or adjacent properties and will
save the Borough harmless for any neglect, real or alleged, that may
arise from the conduct of his work. It will be the permittee's obligation
and responsibility to arrange for any trespass permission needed.
The permittee shall not store tools, machinery, materials, dirt or
debris on private property nor use water, electricity, telephone or
other private facilities without first obtaining permission from the
property owner.
The permittee shall assume the responsibility of refilling the
excavation as it may sink, consolidate or break out from time to time.
Whether the repair is temporary or permanent and approved by the Borough,
the permittee shall be responsible for maintaining the opening for
a period of 24 months and for refilling, compacting, repaving, repairing
damage or restoring turf or shrubbery, all as directed by the Borough
Engineer when necessary, and in the case of undue trench settlement,
it may be required to reopen the trench excavation to ascertain the
cause of the undue settlement, all as required by the Borough Engineer.
A.
Final release. All openings made and restored under the terms of this article and any permits issued shall be subject to final release and acceptance in writing by the Borough Engineer. No deposit money shall be returned or bond released until after said written release has been effected. The final release shall not issue until the expiration of the twenty-four-month period specified in § 150-10 above, unless the Borough Council, for good cause shown, decides otherwise.
B.
Exemptions.
(1)
The provisions of this article shall not apply to work being done
on openings in the Borough by working forces of the Borough.
(2)
Major subdivisions. The provisions of this article shall apply to
openings involved within newly developed major subdivisions in the
Borough whenever it is intended that the Borough will accept the roads,
easements or utility facilities within the Borough street system or
for Borough maintenance and responsibility, except that whenever the
subdivision construction work, including such proposed openings, is
covered under a surety or performance bond arrangement or a cash deposit
as a condition imposed for subdivision approval, then no additional
deposit arrangement or permit procedures will be required under this
article.
C.
Filing of plans. At the conclusion of the work, the permittee shall
file with the Borough Clerk three sets of as-built plans or drawings
showing dimensionally all subsurface facilities as finally located
and installed and also showing changes, if any, made to surface features.
Revisions made to old plans by the permittee, previously filed, will
be annotated and dated for any new opening revisions.
[Amended 7-15-1991 by Ord. No. 703]
Any person who shall violate any of the provisions of this article
shall, upon conviction, be subject to a fine, for each separate offense,
not to exceed $1,000 or to imprisonment in the county jail for not
more than 90 days or to a period of community service not exceeding
90 days, or all of the above, in the discretion of the Judge imposing
the same.
