[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 23, Art. 3, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person who makes application for a permit.
DEPOSIT
Any cash deposit or other security provided in accordance with this article.
[Added 10-13-2015 by Ord. No. 15-076]
ENGINEER
The City Engineer or his authorized deputy, representative or inspector.
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
EXCAVATION
The removal from a place of all materials including but not limited to earth, sand, silt, clay, rock, topsoil, boggy waste, rubbish, ashes, cinders, and organics such as peaty or humus materials regardless of depth to water encountered.
[Added 10-13-2015 by Ord. No. 15-076]
PERMIT
Permission to perform an excavation as it has been approved, amended, or renewed by the City.
[Added 10-13-2015 by Ord. No. 15-076]
PERMITTEE
Any applicant who has been issued a permit and has agreed to fulfill all the terms of this article.
[Amended 10-13-2015 by Ord. No. 15-076]
STREET
The improved portion of the right-of-way of any public street, public highway, public way, public road or public easement within the City, including that portion of the right-of-way improved with curbs and sidewalks.
[Amended 10-13-2015 by Ord. No. 15-076]
[Amended 10-13-2015 by Ord. No. 15-076]
No person shall make any tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the City for each separate undertaking except as provided in § 435-27 of this article.
A. 
Any person maintaining pipes, lines or underground conduits in or under the surface of any street by virtue of any law, ordinance or franchise may proceed with an excavation or opening without a permit when emergency circumstances demand the work be done immediately and the permit could not reasonably and practically have been obtained beforehand.
B. 
Such person, however, shall thereafter apply for a permit on the first regular business day on which the office of the City Engineer is open for business, and said permit shall be retroactive to the date when the work was begun. All other requirements of this article must be complied with.
C. 
If any such emergency condition shall not be immediately attended to by the owner or person responsible for such facility, the Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the same on the basis of cost plus 15% to such person.
Every person applying for a permit shall:
A. 
Pay a nonrefundable application fee of $10 upon receiving an application form from the Engineer.
B. 
Present a properly completed application form to the Engineer's office.
C. 
Agree to save the City, its officers, employees and agents from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of said work to be done in said application. The acceptance of any permit under this article shall constitute such agreement by the applicant whether the same is expressed or not.
The application for a permit shall contain:
A. 
An agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the City and the laws of the State of New Jersey in relation thereto.
B. 
Two copies, when required by the Engineer, of plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of proposed excavated surfaces, the location of the excavation work and such other information as may be prescribed by the Engineer.
A. 
The Engineer, upon receipt of the properly completed application, shall determine the amount of the application fee to be made by the applicant; provided, however, that it shall never be less than $10. Such fees shall be submitted to the City at the time the application is applied for. The purpose of the application fee is to reimburse the City for the cost of any work and materials furnished by it in connection with the work authorized by the permit.
B. 
The Engineer will have a minimum of three working days to review the application and after reviewing said application form will approve or deny a street opening permit.
C. 
When the Engineer denies an application, he will so advise the applicant, in writing, and explain the reason or reasons the permit is denied.
D. 
When the Engineer approves an application, he will advise the applicant as to the correct fees, as shown in § 435-31 herein, applicable to the particular street or right-of-way stated in said application. He shall at this time advise the applicant of the amount of liability insurance and performance and/or maintenance bond necessary to cover work proposed in said application.
E. 
The Engineer will also state the probable inspection costs that may be incurred and advise the applicant of such costs.
F. 
Once the applicant meets all requirements stated by the Engineer, the Engineer will grant the permit.
Every person obtaining a permit shall:
A. 
Pay a permit fee for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The minimum excavation permit fee shall be in an amount varying with the type, amount and age of the surface to be opened, dug or excavated under the permit issued, as follows:
[Amended 6-9-1999 by Ord. No. 99-032]
(1) 
On roadways constructed, reconstructed or resurfaced within two years prior to the issuance of the excavation permit, $500, in addition to any inspection costs related to the proposed opening.
(2) 
On all other roadways, $100, in addition to any inspection costs related to the proposed opening.
(3) 
On sidewalk areas, $50, in addition to any inspection costs related to the proposed opening.
B. 
Pay an inspection fee based on the cost of inspection, plus 15%.
C. 
Make a deposit as required by § 435-37 of this article.
D. 
Furnish a certificate of insurance as required by § 435-38 of this article.
E. 
Provide a faithful performance bond as required by § 435-39 of this article.
F. 
Submit, when required by the Engineer, a list of owners and tenants of all property abutting the area where the work authorized by the permit is to be performed.
G. 
Present evidence that all materials, labor and/or equipment which are needed to complete such undertaking as authorized by the permit are available.
H. 
Keep the original copy of the permit at all times while such work is in progress and show such permit upon demand to any authorized representative of the City.
In granting any permit under this article, the Engineer may attach such other conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:
A. 
Limitations on the period of the year in which the work may be performed.
B. 
Restrictions as to the size and type of equipment.
C. 
Designation of routes upon which material may be transported.
D. 
The place and manner of disposal of excavated materials.
E. 
Requirements as to the laying of dust, cleaning of streets, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof.
F. 
Regulations as to the use of streets in the course of the work.
[Amended 10-13-2015 by Ord. No. 15-076]
The deposit may be in the form of cash or certified treasurer's check or surety bond made payable to the City and meeting the approval of the Engineer. The surety bond must be written by a reputable surety company licensed to do business in the State of New Jersey, and the bond shall be conditioned upon the payment of all charges required in this article. The aforementioned bond must be approved by the City Law Director as to form. The Engineer shall have the right to require the submission of the deposit in any of the above specified forms.
If the deposit made is less than sufficient to pay all fees and costs, the permittee shall, upon demand, pay to the City an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, additional permits shall not be issued to such permittee.
Where trenches are to be opened parallel to the street or where a number of cross trenches are to be laid in close proximity to one another by the permittee or where the equipment used may damage adjacent paved surfaces, it shall be the prerogative of the Engineer to require a negotiated contribution from the permittee for the resurfacing in place of patching of such streets if the total area of the proposed patch or probable damaged area exceeds 15% of the total pavement surfacing between curb faces or between concrete or stone gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation per calendar year, it may post a surety bond for the calendar year or part thereof to cover the estimated fees and cost of any and all work. Said bond must be written by a reputable surety company licensed to do business in the State of New Jersey, and the bond shall be conditioned upon the payment of all charges estimated to be required by this article during the term of the bond. Such bond must be approved by the City Law Director as to form.
A. 
The certificate of insurance required of the applicant under § 435-31 of this article shall indicate that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations and shall provide complete third-party coverage for the City.
B. 
The amount of such insurance shall be prescribed by the Engineer in accordance with the nature of the risks involved; provided, however, that the liability insurance for bodily injury in effect shall be in an amount not less than $100,000 for each person and $300,000 for each accident and for property damages an amount not less than $50,000.
C. 
Failure of the applicant to file such certificate shall be grounds for denying a permit.
D. 
City departments, franchised public utilities and other governmental agencies may be relieved of the obligation of submitting such a certificate if they do the work contemplated under the permit with their own personnel or with a contractor insured as required; however, such waiver shall not release any such organization from any and all liability under any of the obligations provided herein.
A. 
Each applicant, upon the receipt of a permit, shall provide the City with a surety bond to guarantee the faithful performance of work authorized by a permit granted pursuant to this article.
B. 
The amount of the bond shall be 100% of the estimated cost of restoring the opening. However, in no event shall the bond furnished be in an amount less than $1,000.
C. 
If the permittee contemplates requesting more than one permit per year as required by this article, the Engineer may require the permittee to furnish one bond as above in such amount as the Engineer deems necessary. Said bond must be written by a reputable surety company licensed to do business in the State of New Jersey and must be approved by the City Law Director as to form.
The terms of each bond posted shall begin upon the date of the posting thereof and shall end upon the receipt by the permittee of a certificate of final inspection from the Engineer.
If, in the opinion of the Engineer, the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, he shall require the permittee to submit a list of the names and addresses of the owner and/or tenants of such properties. Upon receipt of such list, the City shall notify the affected property owners or tenants of the proposed work to be done.
A. 
The Engineer shall notify, in writing, the City Police and Fire Divisions of any street opening or excavation permit he grants which affects the flow of traffic in streets and alleys within the City. Such notification shall state the nature of the work to be done and the location of such project. He shall also notify the Police and Fire Divisions when any openings or excavations have been closed, permitting traffic to flow thereon.
B. 
The permittee shall in all cases be responsible for and required to have traffic directors to maintain traffic with regards to safety and flow.
A. 
The Engineer or his authorized agents shall make daily inspections of all work authorized by permits issued pursuant to this article.
B. 
The Engineer is empowered to employ an inspector if the Engineer is of the opinion that the work to be performed pursuant to a permit authorized by this article is such that an inspector is necessary to ensure compliance with the various provisions of this article.
Street opening permits will not be required for any contracts proposed by the City. All guaranties are provided for within plans and/or specifications so provided by the City.
A. 
No person to whom a permit has been granted under the provisions of this article shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that, upon the approval by the Engineer and payment of the additional fee, additional work may be done under the provisions of the permit in an amount not greater than 10% of the amount specified in the permit.
B. 
Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
A. 
Work for which a permit has been issued pursuant to this article shall commence within 30 days after the issuance of the permit therefor.
B. 
If not so commenced, the permit shall be automatically terminated and the permit fee, inspection fee and any cash deposit shall be refunded to the permittee, with the exception of the ten-dollar application fee.
C. 
Permits thus terminated may be renewed upon the payment of an additional application fee and the required permit and inspection fees as determined by the Engineer and defined within this article.
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 in the permit.
A. 
Every permit issued hereunder shall expire at the end of the period of time specified in the permit.
B. 
If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present, in writing, to the Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Engineer, such an extension is necessary, the permittee may be granted additional time for the completion of the work.
Any permit issued under this article may be revoked by the Engineer after notice for:
A. 
Violation of any condition of the permit.
B. 
Violation of any provision of this article or any other applicable ordinance or law relating to the work.
C. 
The existence of any condition or the doing of any work constituting or creating a nuisance or endangering the lives or property of others.
A. 
Written notice of such violation shall be served upon the person to whom the permit was granted or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such permit.
B. 
Such notice may be given, whether by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.
Upon receiving notice of revocation of permit, the permittee is immediately to suspend all work originally covered by the permit and will proceed with backfill and repair of the opening. Failure to properly backfill and repair will result in the City's utilizing either the deposit or performance bond to effect proper repairs.
A. 
No openings or excavations in any street shall extend beyond the center line of the street until the surface of the street is restored to a condition safe and convenient for travel.
B. 
Unless authorized by the Engineer, no more than 250 feet measured longitudinally shall be opened in any street at any one time until the surface of the street is restored to a condition safe and convenient for travel.
C. 
The work of excavation shall be so conducted as not to interfere with any utility lines or connections or other underground facilities unless permission of the proper authorities in connection with such facilities shall have been obtained.
A. 
The permittee shall expose all utility facilities, including sewers, storm drains, gas mains, water mains, telephone and electrical conduits, and other utility obstructions sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation if necessary.
B. 
Where a pipe drain, pipe culvert or other structure or facility is encountered, it shall be replaced, restored, straightened or protected by the permittee.
C. 
If, in the process of his work, the permittee damages any public or private utility property, the utility may make the necessary repairs and file a claim against the permittee with the City for the cost thereof. If the claim is not paid promptly by the permittee, the amount may be withheld by the Engineer from the deposit or charged against the permittee's performance bond.
D. 
The contractor shall provide, operate, and maintain satisfactory facilities and equipment including well pints, cofferdams, if necessary, with which to contain, collect, and pump all water entering excavations or other parts of the work to suitable places for disposal. All excavations shall be kept free of water. Groundwater shall be lowered in advance of excavation and maintained at a level at least two feet below the bottom of the excavation at all times until the work therein is completed.
[Added 10-13-2015 by Ord. No. 15-076]
Any monument of granite, concrete, iron, steel, brass or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission, in writing, from the Engineer to do so. Permission shall be granted only upon the condition that the permittee shall pay all expenses incidental to proper replacement of such monument, survey reference point or bench mark.
If any work performed under the permit interferes with the established drainage system of any street, provisions shall be made by the permittee to provide proper drainage to the satisfaction of the Engineer.
When any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any street so as to create a nuisance or endanger life or property, the person responsible therefor shall cause the same to be removed immediately from the street upon notification to do so by the Engineer. In the event that it is not removed within eight hours after notification, the Engineer shall cause such removal and the cost of such removal shall be paid by the permittee or deducted from his deposit.
A. 
To protect the public, every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Engineer.
B. 
All safety requirements and precautionary measures prescribed by the Engineer shall be based upon and in conformance with, where applicable, the requirements set forth in New Jersey Department of Transportation publication Standard Specifications for Roads and Bridges, including all amendments (latest edition). Copies of this publication are available in the office of the Engineer for inspection by any permittee.
C. 
Whenever any person fails to provide or maintain the safety devices required by the Engineer, such device shall be installed and maintained by the City. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit.
D. 
No unauthorized person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this article.
A. 
While work is in progress and while workmen are on the site, every permittee shall maintain safe crossing for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than 300 feet.
B. 
Two lanes of traffic shall be held open at all intersections, where possible, by the removal of dirt and the use of covering steel plates. While work is in progress and workmen are not on the site, all excavations, whether at intersections or elsewhere, shall be covered by steel plates. All plates must lie firmly secured and, when necessary and practical, embedded in bituminous material so as to withstand the normal flow of traffic on the street.
C. 
When the size and character of the excavation make it impractical to use steel plates, the permittee shall so advise the Engineer at the time when he applies for his permit and shall not proceed with the work until he obtains the Engineer's consent not to use steel plates.
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
[Amended 10-13-2015 by Ord. No. 15-076]
A. 
Excavations made adjacent to or in proximity of existing structures shall be made with special care and in such a manner as not to damage the structures or disturb the supporting backfill and foundation of such structures.
B. 
Excavated material shall be placed in a manner that will not obstruct the work nor endanger the workers or the public, or obstruct sidewalks, driveways, roadways, or other structures. Placement of excavated material shall be done in compliance with OSHA, federal, state, and local regulations.
C. 
The limits of excavations, including trenches, shall be adequately sheeted and braced so as to not only provide safe protection to workers, but also to prevent damage to adjacent structures from slippage, shifting, and settling of earth outside of the excavation lines, to maintain stability of soil outside of excavation lines, and other purposes, such as for maintaining proper control of operations and full dimensions of structure work. Sheeting and bracing shall be of sufficient dimensions and strengths necessary to attain proper restraint and temporary stability as the work progresses.
D. 
Wherever necessary, in the opinion of the Engineer, in order to expedite the flow of traffic or to abate a dirt or dust nuisance, toe boards or bins will be required to prevent the spreading of excavated material into traffic lanes; temporary wooden plank walks shall be installed where the excavated area is muddy and causes inconvenience to pedestrians.
E. 
If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee or his agent shall keep a passageway at least 1/2 the sidewalk width open along such sidewalk line.
[Amended 10-13-2015 by Ord. No. 15-076]
A. 
Trench preparation shall proceed in advance of pipe installation only as far as approved by the City.
B. 
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or over in depth, the pavement in the base shall be removed to at least one foot beyond the outer limits of the subgrade that is to be distributed in order to prevent settlement, and a one-foot shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical.
C. 
Roadways may have a concrete subbase, which may be removed as may be required to complete the work.
D. 
In general, the width of pipe trenches shall not be wider than the outside diameter of the pipe barrel plus two feet unless otherwise approved.
E. 
The maximum length of trench opening at any given time shall not exceed 100 feet. Trenches shall be closed at the end of the day.
F. 
A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement without ragged edges.
G. 
Asphalt paving shall be scored or otherwise cut in a straight line.
H. 
No pile driver may be used in breaking up the pavement.
I. 
Discharge from any trench-dewatering pumps shall be filtered and conducted to natural drainage channels, storm sewers, or as directed by the City or applicable regulatory agencies.
J. 
Filling and backfilling of areas or trenches shall be done in uniformly spread layers of not more than six inches loose depth and compacted by rolling or machine tamping to the designated density. Such compaction shall be done by rolling, rerolling, and cross rolling.
No tunneling shall be allowed without the express approval of the Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Engineer and shall be done only in a method approved by him.
[Amended 10-13-2015 by Ord. No. 15-076; 2-28-2017 by Ord. No. 17-005]
The work of restoration to be carried out by the permittee, including both paving surface and paving base, shall be performed as follows:
A. 
The contractor shall restore, rebuild or reconstruct all structures or other objects removed or damaged during the performance of the work, including any opening or excavation. The surface shall be restored to the same condition as it was before the opening, and such restoration shall be in accordance with the requirements of the City or specifications of the Department of Transportation of the State of New Jersey, which specifications are hereby adopted as specifications of the City, for restoration of surfaces of public streets in the City.
B. 
As restored, the surface shall conform to the part of the street immediately adjoining the opening. Additionally, the following subsections of this Subsection B are additional requirements in the event that a road opening is required for installation of a new utility or the repair of an existing utility or for any other such reason that requires the disturbance of existing roadway pavement that is three years or less in age since pavement installation, or if the length of the excavation exceeds 100 feet.
(1) 
The road shall be milled and paved the entire width of roadway curb to curb and 10 feet in both directions of the road opening.
(2) 
The milled surface shall be no less than two inches deep from existing grade, a tack coat shall be applied, and pavement shall be replaced to a compacted condition level with the abutting existing street surface.
(3) 
The replacement pavement shall be of like quality of the existing pavement in accordance with the requirements of the New Jersey Department of Transportation.
(4) 
The final milling and replacement pavement work shall be completed within four months of the road opening.
(5) 
Until the final milling and replacement pavement work is completed, the road opening trench shall be backfilled and temporary pavement installed in accordance with Chapter 435 of the City Code.
(6) 
All restoration work shall require the approval of the City Engineer, and said approval shall be a condition to the release of any bond or similar deposit.
C. 
In addition to requirements of Subsection B of this section, in the event that a road opening is required for installation of a new utility or the repair of an existing utility or for any other such reason that requires the disturbance of existing roadway pavement that is three years or less in age since pavement installation, and the length of the excavation is less than 100 feet:
(1) 
The road shall be milled and paved the entire width of roadway curb to curb and 10 feet in both directions of the road opening.
(2) 
The milled surface shall be no less than 1.5 inches deep from existing grade, a tack coat shall be applied, and pavement shall be replaced to a compacted condition level with the abutting existing street surface.
(3) 
The replacement pavement shall be of like quality of the existing pavement in accordance with the requirements of the New Jersey Department of Transportation.
(4) 
The final milling and replacement pavement work shall be completed within four months of the road opening.
(5) 
Until the final milling and replacement pavement work is completed, the road opening trench shall be backfilled and temporary pavement installed in accordance with Chapter 435 of the City Code.
(6) 
The final restoration shall include infrared (IR) or a joint sealer if deemed appropriate by the engineer.
(7) 
All restoration work shall require the approval of the City Engineer, and said approval shall be a condition to the release of any bond or similar deposit.
[Amended 10-13-2015 by Ord. No. 15-076]
A. 
All pavement cuts, openings and excavations shall be properly made and backfilled. All backfill and fill shall be approved by the City. Backfill shall be placed in lifts that are no thicker than necessary to achieve the specified compaction with the equipment that is being utilized for compaction. Where ordered by the City, soil compaction and optimum dry density of backfill and fill, be it imported or native to the site, shall be determined in accordance with the most recent revision of ASTM D-1557 by a geotechnical laboratory, certified by the state. The geotechnical laboratory results, certified by an engineer that is licensed in the state is to be submitted to the City for approval.
B. 
All backfill for trenches and excavations within the City's ROWs shall be approved imported granular backfill material. Backfill shall be placed from six inches above the top of pipe to the underside of paving to be placed.
C. 
Unsuitable backfill shall consist of excavated material containing rejected organic matter, boggy, peaty humus or other unsuitable material such as silt, rubbish, waste, ash, or cinders. Frozen earth and any stones more than three inches in the largest dimension shall not be used for backfill or fill.
D. 
Approved imported granular backfill shall consist of bank run sand and gravel. Bank run sand and gravel shall consist of hard, sharp, clean granular material, free of organic matter. The material shall be free of any considerable amount of flat, laminated, or elongated particles and shells, silt, clay, limestone, shale, or other deleterious matter. The material must be capable of compaction to the densities specified or required. The material shall contain no stones larger than three inches in their largest dimension, and no more than 10% of the material by weight shall pass a No. 200 sieve. A particle size analysis of backfill and fill, be it imported or native to the site, shall be determined in accordance with the most recent revision of ASTM D-422 by a geotechnical laboratory, certified by the State of New Jersey. The geotechnical laboratory result certified by an engineer that is licensed in the state, is to be submitted to the City for approval.
E. 
If approved by the City, backfill shall consist of sand and gravel, approved blast furnace slag, or stone. Subbase material shall be free from organic or other deleterious materials.
F. 
Gravel and crushed stone shall consist of hard, sharp, clean material, shall be free from fines, shells, clay, limestone, shale or other deleterious matter, and shall be supplied as a mixture of sizes with 5% to 10% of the material passing a No. 40 sieve and the remainder ranging in size from 3/8 inch to one inch.
G. 
Dense graded aggregate and its installation shall be in accordance with Section 301 of the Standard Specifications for Road and Bridge Construction, NJDOT, 2007 or latest edition.
H. 
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug.
I. 
Backfill shall be placed to a subgrade such that it permits topsoil or pavement of the required depth to be placed and compacted to finished grade. As far as practicable, the underlying backfill shall be given time to settle through several heavy rains and by artificial wetting before the new topsoil or pavement is placed.
J. 
Backfilling up to the first 18 inches above the top of utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are power-tamped shall not exceed four inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over 24 inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer slightly moistened and not saturated and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes 24 inches or less in diameter shall be flooded or tamped as specified above to a depth of 18 inches above the tops of the pipe before any additional backfilling is placed thereon.
K. 
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench, and the space under, around and six inches above the pipe shall be backfilled with clean river sand, noncorrosive soil or one-quarter-inch minus gravel. Broken pavement, stones and debris shall not be used in the backfill.
L. 
The contractor shall provide additional material as required, to compensate for settlement of backfill and fill.
M. 
Compaction of soils shall be achieved by the use of suitable methods and adequate equipment acceptable and approved by the Engineer. The minimum density to be obtained in compacting soils shall be the following percentages of "maximum dry density" as defined in ASTM D-1557, Moisture Density Relations of Soils (Modified Proctor Compaction Test), Method D:
Location
Percentage
Foundation material under slabs on grade, piping and other structures
95%
Backfilling of trenches
Compaction shall be 95% when pavement will be placed atop the backfill and 90% when grass will be placed atop the backfill
N. 
Compacted fill and pavement courses not meeting required density when tested in place shall be replaced or reworked until additional tests, performed at contractor's expense, indicate compliance with the City's requirements.
O. 
Subgrade for all pavements shall be compacted materials placed to the lines and grades required.
P. 
Subbase: dense graded aggregate and its installation shall be in accordance with Section 301 of the Standards Specifications for Road and Bridge Construction, NJDOT, 2007 or latest edition.
Q. 
Bituminous materials shall conform to NJDOT Standard Specification Section 902. Fine aggregate, course aggregate and mineral filler shall conform to NJDOT Standard Specification Section 901.
R. 
Binder course shall be hot plant mix placed to the compacted thickness utilizing paving machinery approved by the owner.
S. 
Aggregate for binder course shall be composed in such proportions that the resulting composite blend meets the following as per the NJDOT Table 901.11-1.
Table 401-1:
Sieve Size
Percentage Passing
2"
100%
3/4"
65% to 100%
No 4
40% to 75%
No 50
5% to 30%
No 200
0% to 7%
Bituminous Dense Surface Course (NJDOT Mix I-5):
Aggregates for bituminous dense surface course shall be composed in such proportions that the resulting composite blend meets the following as per the NJDOT Table 901.11-1:
Sieve Size
Percentage Passing
2"
100%
3/4"
70% to 100%
No 4
30% to 80%
No 50
10% to 35%
No 200
5% to 12%
T. 
A prime coat shall be applied to any and all layers of aggregate subbase prior to the placement of asphalt courses. The prime coat shall be allowed to cure properly prior to asphalt placement. No traffic will be permitted on aggregate subbases after prime coat has been placed. Tack coats shall be prepared and applied as specified in Section 904 of the NJDOT Standard Specifications for Road and Bridge Construction, 2007 or latest edition.
U. 
All joints and key areas cut for the pavement restoration work shall be sealed in accordance with Section 914, Joint Materials, of the NJDOT Standards Specifications for Road and Bridge Construction, 2007 or latest edition.
V. 
The contractor shall furnish and apply thermoplastic pavement stripes, markings, and symbols as necessary to replace disturbed pavement striping markings, and symbols in accordance with Section 912, Paints, Coatings, Traffic Stripes and Traffic Markings, of the Standard Specifications for Road and Bridge Construction, 2007 or latest edition.
W. 
The temporary pavement shall be a layer of bituminous stabilized base course, six inches thick. Temporary pavement shall be allowed to settle for a period of not less than three months, but no more than six months, before final pavement is installed.
X. 
The final pavement shall be installed by milling two inches from the temporary pavement and placing the surface course as required.
A. 
After such excavation or opening is commenced, the work of backfilling the same shall be prosecuted with due diligence and so as not to obstruct the street more than is actually necessary.
B. 
If the work is not so prosecuted or if the work does not, in the judgment of the Engineer, comply with the terms of this article, he shall so notify the person named in the permit and shall require such person within three days after the service of such notice to proceed with the diligent prosecution of such work or properly to complete the same as the case may be.
C. 
If such notice is not complied with, the City shall do such work as may be necessary to backfill such excavations and to restore the street or part thereof excavated to the same condition as before such excavation was made.
D. 
All expenses incurred by the City shall be recovered from the permittee's deposit or surety, plus 15%.
E. 
No further permit shall be granted any person unless and until any opening or excavation already made by him has met all requirements of this article.
F. 
The Engineer shall be the sole judge of proper performance and his opinion shall be controlling; provided, however, that such decision may be appealed to the City Council as indicated in § 435-84 of this chapter.
If, in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
A. 
Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Engineer, in writing, on a form prescribed by him.
B. 
A certificate of final inspection shall be issued by the Engineer to the permittee no sooner than two years after the permanent restoration of the opening or excavation has been made, provided that the work authorized by the permit has been performed according to City specifications.
C. 
Prior to the issuance of a certificate, the Engineer shall make a final inspection of the restoration to determine whether City specifications have been adhered to.
Upon certification by the permittee that all work authorized by the permit has been completed and after inspection by the Engineer, the Engineer shall refund to the permittee his deposit, less all costs incurred by the City in connection with the permit. However, in no event is the application fee or inspection fee to be refunded.
A. 
In the event that any work performed by or for a permittee shall, in the opinion of the Engineer, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him or in the event that the work for which the permit was granted is not complete within the time fixed by the Engineer, the City may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 15%, to the permittee or his surety. The cost shall include, but not be limited to, any costs that the Engineer deems expedient and appropriate related to consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, authorities, boards, commissions, or departments of the City that were made necessary by said excavation. The Engineer's determination as to the cost of any work done or repairs made shall be final.
[Amended 10-13-2015 by Ord. No. 15-076]
B. 
If within two years after the restoration of the surface as herein provided defects shall appear therein resulting from defective workmanship by the permittee, he shall reimburse the City for the cost of all necessary repairs to the permanent paving, plus 15%.
C. 
If any settlement in a restored area occurs within a period of two years from date of completion of the permanent restoration, it shall in general be as conclusive evidence of defective backfilling. Any expense which may be incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond, plus 15%.
Whenever the Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Engineer to be reasonably necessary for the completion of such work.
A. 
After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the Engineer the estimated cost of doing the work as set forth in the notice. Upon the receipt of such moneys, the Engineer shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand.
B. 
In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on his behalf shall have the right to go upon the premises to complete the required work or make it safe.
C. 
No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
A. 
Unless part of the work is being performed by the City, no opening or excavation made by a permittee shall be considered in the charge or care of the City or of any officer or person employed by the City, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening or excavation except in the exercise of police power where and when it is necessary to protect life and property.
B. 
This article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit or the approval of any excavation work.
Every person owning, controlling or having an interest in pipes, conduits, ducts, tunnels or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water, sewage, steam, oil or any other material to or from the City or to or from its inhabitants or for any other purposes shall file with the Engineer, upon his request, any map or set of maps showing the location, size and description of all such installations when required for municipal purposes.
Within 30 days after the first day of January of each and every year, such person shall file with the Engineer a corrected map or set of maps showing such installations, including all those made during the previous year, to and including the last day of such year. However, such person may at his own option elect to provide corrected atlas sheets throughout the year as they are available rather than proceed as above noted.
Each map herein required shall be accompanied by an affidavit endorsed thereon to the effect that the same correctly exhibits the details required to be shown by this article.
When the City shall improve or pave any street, the Engineer shall first give notice to all persons owning property abutting on the street about to be paved or improved and to all public utility companies operating in the City, and all such persons and utility companies shall do all work which would necessitate excavation of the street within 45 days from the giving of such notice. The time may be extended if permission has been requested in writing and has been approved by the Engineer.
The Engineer is authorized to establish a schedule of charges for inspections, labor, materials and such other expenses and requirements of this article. The schedule shall be open to public inspection in the office of the Engineer upon demand.
The decision of the Engineer as to the cost of any work done or repairs made by him or under his direction pursuant to the provisions of this article shall be controlling; provided, however, that such decision may be appealed to the City Council as indicated in § 435-84 of this chapter.
Any person believing himself to be aggrieved by a decision of the Engineer or his refusal to grant a permit shall have the right to appeal to the City Council within 30 days from the Engineer's decision or refusal to grant a permit, and the Council's decision on such appeal shall be final.
A. 
In case any person shall violate any provision of this article, any permit issued by the City to such person under this article shall be revoked, and such person, upon conviction before the courts, shall be sentenced to pay a fine of not more than $1,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days, or any combination thereof, and costs of prosecution.
[Amended 12-19-1995 by Ord. No. 95-068]
B. 
The penalty provided for in Subsection A of this section and the imposition thereof shall not constitute a bar to or be deemed in substitution of the exercise of any right or power or remedy of the City provided for in this chapter or in any other provision of this Code of the City of Paterson applicable to the subject matter of this chapter.