Editor's Note: See Chapter 14, Property Maintenance, for owner and tenant responsibilities concerning sidewalks.
[Ord. No. 2007-31 § 12.04]
This section shall be known and may be cited as the "Street
Excavation Ordinance of the Borough of Fair Haven."
[Ord. No. 2007-31 § 12.04.010]
As used in this section:
Shall mean any person making written application to the Borough
Clerk for an excavation permit hereunder. In the event that the applicant
is a corporation or partnership, the applicant shall be the individual
authorized to make the application on behalf of the corporation or
business entity.
Shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property.
Shall mean the excavation, removal, replacement, repair,
construction, water and sewer connections or other disturbance of
any portion of the public improvements within a public street or drainage
right-of-way. These public improvements include, but are not limited
to, curbs, sidewalks, driveways and driveway aprons, drainage structures
and conduits, pavements, base courses, gutters, retaining walls, channels,
headwalls, railings, guardrails or any other public improvements existing
within the public right-of-way, and retention/detention basins. For
the purposes of this section, that work which is being performed outside
of the public right-of-way, but which requires the storage of materials
or the operation of equipment within the public right-of-way, in such
a manner as may cause damage, will also be deemed "excavation work."
The term "excavation work" shall also include the construction, addition,
installation or other disturbance of the whole or portions of the
improvements within a public street, drainage right-of-way or other
public grounds by persons other than those exempted from the provisions
of this section, including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
Shall mean any person who has been issued a permit pursuant
to the terms and conditions of this section and who is obligated to
fulfill all the terms of this section.
Shall mean any person, firm, partnership, association, corporation,
company or public or private organization of any kind.
Shall mean and include any public street, highway, sidewalk,
alley, public easement, public right-of-way or public grounds accepted
or maintained by the Borough and any State or County road over which
the Borough may have acquired jurisdiction by agreement.
[Ord. No. 2007-31 § 12.04.02]
a.
It shall be unlawful for any person to perform any excavation work,
as defined herein, or to dig up, break, excavate, tunnel, undermine
or in any manner break up any street or to make or cause to be made
any excavation in or under the surface of any street for any purpose
or to place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of
the street or dig up, break, excavate or undermine or in any way affect
any other public improvement within a public right-of-way, unless
such persons shall first have obtained a permit therefor from the
Borough Clerk of the Borough of Fair Haven as herein provided.
b.
This section shall not apply to corporations having, by their charters
under the laws of this State, authority to excavate or open the surface
of streets or roads without the consent of the municipal or local
authorities, so far as concerns the uses and purposes to which such
authority extends, but shall in other respects apply to such corporations
in full force.
[Ord. No. 2007-31 § 12.04.030;
amended 4-17-2023 by Ord. No. 2023-04]
a.
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit is submitted to the Borough
Clerk on the form provided by the Borough of Fair Haven and signed
by the applicant performing the work. The form must be completed in
such a fashion as to contain a clear and definite description of the
name, address, telephone number of the applicant, the nature, scope,
location and purpose of the excavation, together with the approximate
size of the opening to be made in a sketch which clearly shows the
location and dimensions of the proposed opening, the proposed dates
of commencement and completion of the excavation, which date shall
be the expiration date of any permit issued pursuant to the application,
and such other data as may be reasonably required by the Department
of Public Works, including complete plans, profiles and details of
any proposed curb, sidewalk, pavement or other proposed improvement
or structure being installed. Upon receipt of the application, the
Borough Clerk shall refer the same to the Superintendent of Public
Works or his designee and the Construction Official for comments within
five business days of receipt of a complete application. The Superintendent
of Public Works, or his or her designee, shall review the application
and make a determination of completeness within 30 days of submission.
An application will be deemed complete when the information required
by this section, inclusive of the nonrefundable permit application
fee, have been received by the Borough and approved for administrative
completeness by the Superintendent of Public Works. In the event an
application is deemed incomplete, the permit will be considered denied.
If resubmitted within 90 days, all previously paid fees will be credited.
In no case shall a permit be issued without compliance with this section.
Within 30 days of the determination by the Superintendent of Public
Works that the application is complete, the Superintendent of Public
Works shall review submitted materials for technical compliance with
these regulations and shall advise the Borough Clerk, who will issue
a permit with conditions deemed to be reasonably necessary to carry
out the purposes of this section, if any, or decline to issue a permit
as inconsistent with the requirements of this section.
b.
Work on any opening to be made under the permit provided for herein
shall commence within 30 days from the date of the permit and prosecuted
with diligence until its completion. If for any reason the work is
not started within this period, the permit shall be void and any unused
portion of its cash repair deposit or performance bond shall be refunded
to the applicant.
[Ord. No. 2007-31 § 12.04.040; Ord. No. 2010-01; Ord.
No. 2010-20; amended 4-17-2023 by Ord. No. 2023-04]
A nonrefundable application fee of $250 shall be paid to the
Borough to cover the cost of processing the application as outlined
herein. (Fees restated at 2-56.1, Fee Schedule.)
Permit fees may be waived in the case of installation of new
public improvements by a subdivider or site developer in accordance
with approved plans without cost to the Borough.
For each road opening permit, the applicant also pay to the
Clerk an inspection fee of $300 to cover the costs of inspecting the
applicant’s excavation and restoration.
[Ord. No. 2007-31 § 12.04.050]
The Borough Clerk shall provide each permittee a permit issued
hereunder, which shall be plainly written or printed in English letters
with the following notice: "Borough of Fair Haven; Permit No. _____,
Expiration Date __________," and the first blank space there shall
be inserted the number of the permit and after the words "expiration
date" shall be stated the date when the permit expires. It shall be
the duty of the permittee hereunder to keep the permit posted in a
conspicuous place at the site of the excavation work. It shall be
unlawful for any person to exhibit such permit at or about any excavation
not covered by such permit or to misrepresent the number of the permit
or the date of expiration of the permit.
[Ord. No. 2007-31 § 12.04.060;
amended 4-17-2023 by Ord. No. 2023-04]
a.
The application for an excavation permit to perform excavation work under this section shall be accompanied by a cash repair deposit unless a performance guaranty is accepted in lieu thereof pursuant to subsection 15-1.8. Such cash repair deposit shall take the form of cash or certified check, payable to the Borough of Fair Haven, and shall be received by the Borough Clerk prior to the issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work performed in accordance with the excavation permit. Upon the permittee's completion of the work covered by such permit, in conformity with this section as determined by the Borough, 1/2 of the remaining cash repair deposit shall be promptly refunded by the Borough to the permittee and the balance shall be refunded by the Borough to the permittee upon the expiration of two years from the date of final approval of the work upon the Borough's determination that the permittee has performed the work in conformity with this section.
b.
The amount of the cash repair deposit to be collected by the Borough
Clerk shall be:
1.
For road opening permits of 200 square feet or less, the applicant must furnish to the Borough a cash deposit to guarantee that the opening made by the applicant will be properly restored as required by subsection 15-1.25. The cash deposit amount shall be $20 per square foot, calculated based upon the area required to be restored. A minimum cash deposit of $500 shall be required.
2.
In the case of openings more than 200 square feet, or non-excavated activities such as installation of curbs, utility poles, or other disturbances of public improvements, the applicant must furnish to the Borough a cash deposit or surety bond to guarantee that the work by the applicant will be properly restored as required by subsection 15-1.25. The amount of the cash deposit or surety bond shall be calculated by the Borough Engineer and/or the Superintendent of the Department of Public Works consistent with the same procedure outlined in N.J.S.A. 40:55D-1 et seq. for posting of performance bonds based upon the area required to be restored.
3.
In the case of excavation or removal or alteration of the public
improvements such as drainage, sidewalks, driveways, driveway aprons,
etc., the Borough Engineer shall determine in each case the amount
of the cash repair deposit in sum total sufficient to allow the Borough
to perform all required repairs and restoration. Said amount shall
be estimated to include gross Borough costs, including fees, temporary
maintenance costs, permanent restoration costs, engineering costs,
etc.
4.
Cash repair deposits may be waived in the case of installation or
repair of sidewalk by the owner or by a person acting for the owner
of real property and may be waived in the case of installation of
new public improvements by a subdivider or site developer in accordance
with the approved plans and without cost to the Borough; provided,
however, that such waiver will not be granted if, in the opinion of
the Borough, a cash repair deposit is necessary to assure protection
of existing improvements or to guarantee against damages during construction.
[Ord. No. 2007-31 § 12.04.070;
amended 4-17-2023 by Ord. No. 2023-04]
a.
If an individual cash repair deposit required by subsection 15-1.7 exceeds $2,500 or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $10,000 or if the applicant is a public utility regulated by the Federal government and/or the State of New Jersey, then the Borough Council may allow the provisions of all or, at the Borough Council's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirement of this subsection, the applicant shall deposit it with the Borough Clerk in accordance with paragraph b of this subsection, made payable to the Borough of Fair Haven.
b.
The required bond must be:
1.
With good sufficient surety.
2.
By a surety company authorized to transact business in the State
of New Jersey.
3.
Satisfactory to the Borough Attorney in form and substance.
4.
Conditioned upon the permittee's compliance with this section and
to secure and hold the Borough and its officers harmless against any
and all claims, judgments or other costs arising from the excavations
and other work covered by the excavation permit or for which the Borough,
the Borough Council or any Borough Officer may be made liable by reason
of any accident or injury to person or property through the fault
of the permittee either in not properly guarding the excavation or
for any other injury resulting from the negligence of the permittee,
and shall be further conditioned to fill up, restore and place in
good and safe condition as near as may be to its original condition
all openings and excavations made in streets to the satisfaction of
the Borough.
The amount of the performance bond to be submitted to the Borough Clerk shall be a minimum of double the amount of the cash repair deposit required pursuant to subsection 15-1.7. In the event that the Borough Engineer or Superintendent of Public Works or his designee determines that the cost of proper restoration of the excavation work will exceed the amount of the calculation, the additional bond for the particular job in question may be required by the Department of Public Works in a sum determined by the Borough Engineer.
c.
In lieu of a performance bond per job, any utility regulated by the
Board of Regulatory Commissioners, or any contractor expecting to
request multiple permits per year, may post a blanket performance
guarantee in the minimum sum of $25,000 with the Borough on an annual
basis. In the event the Borough Engineer or Superintendent of Public
Works or his designee determines that the cost of proper restoration
of the area disturbed and pavement surface will exceed the amount
of the blanket bond, an additional bond for that particular job, in
an amount to be determined by the Borough Engineer, shall be posted
by the permittee prior to the issuance of any permit(s).
[Ord. No. 2007-31 § 12.04.080]
a.
The permittee shall take appropriate measures to insure that during
the performance of the excavation work, traffic conditions shall be
maintained as nearly normal as practicable at all times so as to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public, provided that the Department of
Public Works with the approval of the Traffic Safety Officer, may
permit the closing or without expenses to the permittee but in case
there are not existing highways, the permittee shall construct all
detours at its expense and in conformity with the specifications of
the Borough Engineer. The permittee shall be responsible for any damage
caused to any roadways by the operation of its equipment.
[Ord. No. 2007-31 § 12.04.090]
The excavation work shall be performed and conducted so as not
to interfere with access to First Aid Stations Fire Stations and fire
hydrants. Materials or obstructions shall not be placed within 15
feet of fire hydrants. Passageways leading to fire escapes or fire-fighting
equipment shall be kept free of piles of material or other obstructions.
[Ord. No. 2007-31 § 12.04.100]
The permittee shall erect and maintain suitable barriers to
confine to a minimum the encroachment of earth from trenches or other
excavations upon highways. The permittee shall construct and maintain
adequate and safe crossings over excavations and across highways under
improvement to accommodate vehicular and pedestrian traffic at all
street intersections. Vehicular crossings shall be constructed and
maintained of plank, timbers, steel sheet and blocking of adequate
size to accommodate vehicular traffic safely. Decking, if timber,
shall be not less than four inches thick and shall be securely fastened
together with heavy wire and staples. Pedestrian crossings shall consist
of planking three inches thick, 12 inches wide and of adequate length.
The walk shall be not less than three feet in width and shall be provided
with a railing on both sides.
[Ord. No. 2007-31 § 12.04.110]
The permittee shall not interfere with any existing utility
without the written consent of the Borough Engineer and/or the utility
prior to closing of streets to all traffic for a period of time prescribed
as necessary. The permittee shall route and control traffic, including
its own vehicles, as directed by the Borough Police Department.
a.
The following steps shall be taken before any street may be closed
or restricted to traffic:
1.
The permittee must receive the approval of the Police Department
thereof.
2.
The permittee must notify, in writing, the Fair Haven Fire Department,
the First Air Squad, the Emergency Management Coordinator and the
Board of Education.
3.
Upon completion of construction work, the permittee shall notify,
in writing, the Borough Police Department, the Fire Department, the
First Aid Squad, the Emergency Management Coordinator and the Board
of Education before traffic is moved back to its normal flow so that
any necessary adjustments may be made.
4.
The permittee shall provide trained uniformed traffic directors with
appropriate safety attire and equipment as required and/or Police
officer and related equipment (i.e., signs, cones, etc.) for traffic
control and direction of traffic at the street excavation site during
the course of the excavation. Permittee shall pay all costs associated
with the use of any private traffic directors or the use of Fair Haven
Police personnel, if they are required during the course of the excavation,
any work performed in connection therewith and during cleanup operations.
Through traffic shall be maintained without the aid of detours,
if possible. In instances in which this would not be feasible, the
Chief of Police will designate detours. The Borough shall maintain
roadway surfaces of existing roadways designated as detours company
or person owning the utility. If it becomes necessary to remove an
existing utility, this shall be done by its owner. It shall be the
responsibility of the applicant to arrange for this work and the payment
of the costs thereof, as reasonably necessary. No utility owned by
the Borough shall be moved to accommodate the permittee unless the
cost of such work be borne by the permittee. The cost of moving privately
owned utilities shall be similarly borne by the permittee unless it
makes other arrangements with the owner of the utility. The permittee
shall support and protect, by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work and do everything necessary to support, sustain
and protect them under, over, along or across said work, in accordance
with applicable statutory provisions. In case any said pipes, conduits,
poles, wires or apparatus should be damaged, they shall be repaired
by the agency or owner unless the agency or owner authorizes the permittee
to undertake repairs and the expense of such repairs shall be borne
by the permittee, and his or its bond shall be liable therefor. The
permittee shall be responsible for any damage done to any public or
private property by reason of the breaking of any water pipes, sewer,
gas pipe, electric conduit or other utility, and its bond, shall be
liable therefor. The permittee shall inform itself as to the existence
and location of all underground utilities and protect the same against
damage.
[Ord. No. 2007-31 § 12.04.120]
The permittee shall, at all times and at his or its own expense
preserve and protect from injury any adjoining property providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property, it is necessary to enter
private property for the purpose of taking appropriate protective
measures, the permittee shall obtain permission from the owner of
such private property for such purpose. The permittee shall, at its
own expense, shore up and protect all buildings, walls, fences or
other property likely to be damaged during the progress of the excavation
work and shall be responsible for all damage to public or private
property or highways resulting from its failure to properly protect
and carry out the work. Whenever it may be necessary for the permittee
to trench through any lawn area, the sod shall be carefully cut and
rolled and replaced after ditches have been backfilled as required
in this section. All construction and maintenance work shall be done
in a manner calculated to leave the lawn area clean of earth and debris
and in a condition as nearly as possible to that which existed before
such work began. The permittee shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas or easements
across private property without first having notified and obtained
the consent of the property owner or, in the case of public property,
the appropriate Borough Department or Borough Official having control
of such property.
[Ord. No. 2007-31 § 12.04.130]
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge over the excavation
on the line of the sidewalk, which bridge shall be at least three
feet wide and securely railed on each side so that foot passengers
can pass over safely at all times. This requirement may be waived
by the Superintendent of the Department of Public Works, or his designee,
if found unnecessary or unreasonable because of the nature of the
excavation or conditions affecting same.
[Ord. No. 2007-31 § 12.04.140]
a.
The permittee shall erect and maintain, approaching and throughout
the site of the excavation work, such signs, lights, barricades and
other protective devices as are required. In the absence of specific
written direction by the Police Department, all signs shall be provided
as required by the "Manual on Uniform Traffic Control Devices," section
concerning construction signing, as published by the United States
Department of Commerce.
b.
Should the Borough Police Department, at any time, determine that
the permittee has failed to provide all required signs and protective
devices in accordance with the directions of the Police Department
and/or the requirements of the previously mentioned Manual on Uniform
Traffic Control Devices, the Borough may provide and erect or cause
the provision and erection of such required signs, barricades and
traffic control devices and the cost thereof may be deducted from
the cash repair deposit provided by the applicant or may be billed
directly to the applicant by the Borough. If such billing is made
and not paid by the applicant within 15 working days after such billing,
the amount may be deemed due and recoverable from the applicant's
cash deposit or surety.
c.
The Borough shall normally provide the applicant with 24 hours' notice
of its intention to provide any such required signs, barricades and
traffic control devices and, its intention to bill the applicant the
cost thereof, to deduct the cost thereof from the applicant's cash
repair deposit or to recover the cost thereof from the applicant's
surety, except that in case of immediate emergency or hazard to the
public health or safety, the Borough may cause the provision and erection
of such devices without notice.
d.
The permittee shall erect such fence, railing or harriers about the
site of the excavation work as shall prevent danger to persons using
the street or sidewalks, and such protective barriers shall be maintained
until the work shall be completed or the danger removed. At twilight
there shall be placed and maintained upon such place of excavation
and upon any excavated materials or structures or other obstructions
to streets, suitable and sufficient lights which shall be kept burning
throughout the night during the existence of such obstructions. It
shall be unlawful for anyone to remove or tear down the fence or railing
or other protective barriers or any lights provided there for the
protection of the public at twilight. Excavations of any traveled
portion of the roadway shall be backfilled so as to allow vehicular
traffic to proceed on the roadway unless otherwise directed by the
Borough Engineer.
[Ord. No. 2007-31 § 12.04.150]
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
or health.
[Ord. No. 2007-31 § 12.04.160]
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such a manner
as not to endanger those working in the trench, pedestrians or users
of the streets and so that as little inconvenience as possible is
caused to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, such as might be the case in
a narrow alley, the Borough shall have the authority to require that
the permittee haul the excavated material to a storage site and then
rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and to make all necessary arrangements for all required storage and
disposal sites.
[Ord. No. 2007-31 § 12.04.170]
a.
All damage done to existing improvements during the progress of the
excavation work shall be repaired by the permittee. Materials for
such repairs shall conform with the requirements of any applicable
code or ordinance. If, upon being ordered, the permittee fails to
furnish the necessary labor and materials for such repairs, the Department
of Public Works shall require the labor and materials to be furnished
and the cost shall be charged against the permittee, and the permittee
shall also be liable on his or its bond therefor.
b.
The Borough shall normally provide the applicant with 24 hours' notice
of its intention to provide any such required work, and its intention
to bill the applicant for the cost thereof, to deduct the cost thereof
from the applicant's cash repair deposit or to recover the cost thereof
from the applicant's surety, except that in case of immediate emergency
or hazard to the public health or safety, the Borough may cause the
repairs to be made without notice.
[Ord. No. 2007-31 § 12.04.180]
Property lines and limits or easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit, and it shall be the permittee's responsibility to confine
excavation work within these limits.
[Ord. No. 2007-31 § 12.04.190]
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Department
of Public Works. From time to time as may be ordered by the Department
of Public Works and, in any event, immediately after completion of
the work, the permittee shall at his or its own expense clean up and
remove all refuse and unused materials of any kind resulting from
the work; and upon failure to do so within 24 hours after having been
notified to do so by the Borough, the work may be done by the Borough
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the surety bond provided
hereunder.
[Ord. No. 2007-31 § 12.04.200]
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as it found them or shall make
such provisions for them as the Superintendent of the Department of
Public Works, his designee or the Borough Engineer may direct. The
permittee shall provide for environmental protection for streams and
watercourses. The permittee shall not obstruct any drainage facility
on any street but shall use all proper measures to provide for the
free passage of surface water. The permittee shall make provisions
to take care of all surplus water, muck, silt, slicking or other runoff
pumped from excavations or resulting from sluicing or other operations
and shall be responsible for any damage resulting from its failure
to so provide.
[Ord. No. 2007-31 § 12.04.210]
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be four feet or
more in depth, the base pavement shall be removed to at least six
inches beyond the outer limits of the subgrade that is to be disturbed
in order to prevent settlement and a six inch shoulder of undisturbed
material shall be provided in each side of the excavated trench. The
face of the remaining pavement shall be approximately vertical. A
power-driven concrete saw shall be used so as to permit removal of
concrete pavement or base without ragged edges. Asphalt paving shall
be scored or otherwise cut in a straight line prior to removal. No
pile driver or mechanical hammer may be used in breaking up pavement.
[Ord. No. 2007-31 § 12.04.220]
Tunnels under pavement shall not be permitted except by permission
of the Borough Engineer. If permitted, tunnels shall be adequately
supported by timbering and backfilling under the discretion of the
Borough Engineer.
[Ord. No. 2007-31 § 12.04.230]
a.
Prior to excavation, all trench openings shall be neatly saw cut.
Unless specifically allowed, in writing, by the Superintendent of
the Department of Public Works, or his designee, under unusual circumstances,
no excavation work area shall remain open overnight. In the event
any excavation work area is permitted to remain open overnight, the
permittee shall be responsible for taking appropriate steps to properly
block off the excavation work area and give adequate warning to anyone
approaching same on foot or any vehicle of any type, including but
not limited to the use of lighting, reflective materials and barriers.
b.
Unless otherwise provided by the Superintendent of the Department
of Public Works, or his designee, the contractor shall backfill all
trenches at the end of each working day with suitable materials from
the trench excavation or with granular borrow material. Rocks larger
than six inches may not be included in backfill. If the Superintendent
of the Department of Public Works, or his designee, determines the
existing material is unsuitable, select off-site granular material
shall be provided. Backfill material shall be deposited in layers
and mechanically compacted to a minimum 90% Modified Proctor Density.
The densities shall be based upon the latest Standard Test Methods
for Moisture Density Relations of Soils and Soil Aggregate Mixtures
using 10 lb. Rammer and 18 inches Drop, ASTM Designation D-1557. In
lieu of mechanical compaction in lifts, compaction by water jetting
or puddling may be used with written permission from the Superintendent
of the Department of Public Works, or his designee. If the use of
either of these methods is proposed, the contractor shall submit full
details of the methods he intends to employ for approval. Consolidation
will not be acceptable as a method to achieve the soil densities specified.
c.
The backfilling, replacement of subbase and installation of base
course shall be completed within 24 hours after commencement of work.
Exception to the above time limits may be permitted by the Superintendent
of the Department of Public Works, or his designee, if it is impractical
to complete the work within this time or safety dictates a shorter
completion period.
[Ord. No. 2007-31 § 12.04.240; Ord. No. 2018-06; amended 12-19-2022 by Ord. No.
2022-18; 4-17-2023 by Ord. No. 2023-04]
a.
Restoration Procedures. Unless authorized by the Department of Public
Works, all excavations shall require milling and restoration of the
excavation work area extending from curb to curb, or edge of pavement
to edge of pavement, to encompass the entire road width.
1.
Once the excavation work area has been properly saw cut, and the
back fill tamped and compacted, the permittee shall install no less
than eight inches of bituminous stabilized base course to the trench
surface. If the distance from the edge of the excavation work area
to the existing curb is less than two feet, the permittee shall be
required to excavate to the curb and evenly install eight inches of
bituminous stabilized base course in the entire area.
2.
The partially restored pavement shall be allowed to settle for no
less than 90 days and no more than 180 days. If at any time during
the settlement period the trench becomes unacceptable as determined
by the Superintendent of the Department of Public Works, the permittee
shall be notified of the condition requiring repair, and such repair
shall be performed by the permittee within 24 hours of such notification
by the Superintendent of the Department of Public Works. If the repair
is not made in the time specified, the Borough may make the repair,
and any cost thereof will be charged against the permittee's
cash repair deposit and/or maintenance bond. At the end of the period
of time of settlement required by the Superintendent of the Department
of Public Works or his designee, an inspection shall be performed
by the Superintendent of Public Works or his designee.
3.
At the time set forth in paragraph 2 above, the permittee shall be
required to mill the excavation work area surface as specified and
install no less than two inches of hot mix asphalt (HMA) material
surface course. The permittee shall also be required to provide a
tack coat on all existing bituminous and concrete surfaces and a hot-poured,
rubber asphalt joint sealer (per NJDOT Standard Specifications for
Roads and Bridges 2019). As an alternative to the provisions in this
subsection, but only if the Superintendent of the Department of Public
Works deems it acceptable, the permittee may utilize infrared treatment
as the final restoration of the pavement.
4.
Unless otherwise authorized by the Superintendent of the Department
of Public Works, all excavations shall require milling and restoration
of the excavation work area extending from the curb (or edge of pavement)
of the road, and the permittee shall be required to mill and restore
the entire roadway curb to curb and/or edge to edge.
5.
The pavement restoration shall extend 10 feet past the limits of
the trench excavation in each direction.
6.
If the excavation extends beyond a curbline of any intersecting street,
the restoration shall extend through the entire intersection to the
opposite curbline.
7.
Traffic striping shall be replaced in kind.
8.
The permittee will be required to replace any structures including,
but not limited to, curb, pavement and sidewalk, that had been undermined
by the adjacent trench excavation and restoration work, at his or
its expense. Such work shall be performed according to Borough standards.
9.
Rules and Regulations. Applicant shall comply with all BOCA Codes,
Ordinances of the Borough of Fair Haven, resolutions or conditions
of the Mayor and Council, or any duly constituted Board and any regulations
which the Superintendent of Public Works or the Borough Engineer may
establish.
b.
Maintenance Procedures.
1.
When final pavement restoration is approved, as required in paragraph
a above, the Superintendent of Public Works or his designee, shall
notify the Borough Clerk, in writing, that the portion of the cash
repair deposit or performance guarantee pertaining to the street opening
permit posted by the permittee at the onset of the project may be
released subject to the retainage requested herein below. Such release
shall be subject to the permittee agreeing to maintain the restored
excavation work area for a period of two years from the date of final
approval of the work and posting a maintenance bond to guarantee same.
The permittee shall also agree to repair any adjacent structures including
but not limited to curb, pavement and sidewalk that are damaged as
a result of any excavation work area settlement during this period
of time. In furtherance of these agreements, the Borough Clerk shall
retain as a cash retainage, 50% of the cash repair deposit and/or
performance guarantee during the two year maintenance period.
2.
If an inspection reveals that the restored excavation work area becomes
unacceptable, the Superintendent of the Department of Public Works,
or his designee shall notify the permittee that he must repair the
area in accordance with the aforementioned procedure within 30 days
from the date of notification or sooner if safety on public conveyances
is involved. If the permittee fails to repair the trench within this
time, the Superintendent of the Department of Public Works, or his
designee shall notify the Borough Clerk and he shall allow the Borough
to utilize the permittee's cash retainage and maintenance bond to
pay for the cost of repairing the excavation work area. If the restoration
costs exceed the maintenance bond, the permittee shall be liable for
the additional costs.
3.
Upon the termination of the two year maintenance period, any remaining
portion of said maintenance bond that has not been expended shall
be returned to the permittee without interest.
c.
The permittee may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the permanent replacement
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the existing pavement shall be tamped
into place, properly graded and topped with a minimum of two inches
of bituminous patch material which is suitable to maintain the opening
in good condition until permanent restoration can be made. The crown
of the temporary restoration shall not exceed one inch above the adjoining
pavement. The permittee shall exercise special care in making such
temporary restorations and must maintain such restorations in safe
traveling condition until such time as permanent restorations are
made. If, in the judgment of the Borough Engineer, it is not expedient
to replace the pavement over any cut or excavation made in the street
upon completion of the work allowed under such permit by reason of
the looseness of the earth or weather conditions or any other reason,
he may direct the permittee to lay a temporary pavement of steel plate
or other suitable material designated by him over such cut or excavation,
to remain until such time as the repair of the original pavement may
be properly made.
d.
Acceptance or approval of any excavation work by the Superintendent
of the Department of Public Works, his designee, or the Borough Engineer
shall not prevent the Borough from asserting a claim against the permittee
and his or its surety under the surety bond required hereunder for
incomplete or defective work if discovered within 24 months from the
completion of the excavation work. The presence of a representative
of the Department of Public Works or the Borough Engineer during the
performance of any excavation work shall not relieve the permittee
of its responsibilities hereunder.
e.
Additional Permit Fee for Excavations on Paved Streets Less than
Five Years Old.
1.
No permit shall be issued by the Superintendent of Public Works of
the Borough of Fair Haven which would allow an excavation or opening
of a paved or improved street surface less than five years old unless
the applicant can clearly demonstrate that public health or safety
requires that the proposed work be permitted or unless an emergency
condition exists.
2.
If, by special permission of the Superintendent of Public Works,
a permit is issued to open any paved or improved street surface less
than five years old, an additional fee shall be charged for the opening,
except that the additional fee shall be waived in the event the work
is of an emergency nature. The additional fee shall be equal to the
sum of $1,000 for the first two years and $500 for years three through
five.
3.
The Borough Council may, for good cause, allow an excavation or opening
of a paved or improved street surface less than five years old, provided
that the Borough Engineer approves a restoration plan for the area
excavated or opened.
[Ord. No. 2018-06]
|
(Fees restated at subsection 2-56.1, Fee Schedule.)
|
[Ord. No. 2007-31 § 12.04.250]
a.
If the permittee shall have failed to restore the surface of the
street to its original and proper condition upon the expiration of
the time fixed by such permit or shall otherwise have failed to complete
the excavation work covered by such permit or shall fail to adhere
to other requirements of this section, the Borough shall have the
right to do all work necessary to restore the street, to eliminate
violations and to complete the excavation work. The permittee shall
be liable for the actual cost thereof and 25% of such cost, in condition,
for general overhead and administrative expenses. The Borough shall
have a cause of action for all fees, expenses and amounts paid out
and due it for such work and shall apply, in payment of the amount
due it, any funds of the permittee deposited as herein provided; and
the Borough shall also enforce its rights under any surety bond provided
pursuant to this section. The Borough will normally give the permittee
24 hours' notice of its intent to act, under the terms of this subsection,
to eliminate violations of this section or to restore the surface,
except that in the case of immediate danger to the public health or
safety, certified to by the appropriate officials, no such notice
will be provided.
b.
It shall be the duty of the permittee to guarantee and maintain the
site of the excavation work in the same condition it was prior to
the excavation for two years after restoring it to its original condition.
[Ord. No. 2007-31 § 12.04.260]
Except by special permission from the Borough Engineer, no trench
shall be excavated more than 150 feet in advance of pipe laying or
left unfilled more than 150 feet where pipe has been laid. The length
of the trench that may be opened at any one time shall not be greater
than the length of pipe and the necessary accessories which are available
at the site ready to be put in place during that single working day.
Trenches shall be braced and sheathed according to generally accepted
safety standards or construction work and/or as prescribed by the
Borough Engineer. Except with the written permission of the Borough
Engineer, no timber bracing, lagging, sheathing or other lumber shall
be left in any trench.
[Ord. No. 2007-31 § 12.04.270]
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition,
or as near as may be, as soon as practicable and, in any event, not
later than the date specified in the excavation permit therefor.
[Ord. No. 2007-31 § 12.04.280]
If 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 Superintendent of the Department
of Public Works, his designee or the Borough 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.
[Ord. No. 2007-31 § 12.04.290]
In the event of any emergency in which a sewer main, conduit
or utility in or under any street breaks or bursts or otherwise is
in such condition as to immediately endanger the property, life, health
or safety of any individual, the owner or operator of such sewer main,
conduit or utility, without first applying for and obtaining an excavation
permit hereunder, shall immediately take proper emergency measure
to cure or remedy the dangerous conditions for the protection of property,
life, health and safety of individuals. However, such owner or operator
shall apply for an excavation permit not later than the end of the
next succeeding day during which the Borough Clerk's office is open
for business and shall not proceed with permanent repairs without
first obtaining an excavation permit hereunder.
[Ord. No. 2007-31 § 12.04.300]
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris, and during the hours of sunset and 7:00 a.m., shall not use,
except with the express written permission of the Superintendent of
the Department of Public Works, or his designee, or in the case of
any emergency as herein otherwise provided, any tool, appliance or
equipment producing noise of sufficient volume to disturb the sleep
or repose of occupants of the neighboring property. Dust shall be
controlled by means of maintaining the work area in a clean condition,
cleaning and/or sweeping pavement areas and applying calcium chloride.
[Ord. No. 2007-31 § 12.04.310]
The permittee shall not disturb any survey monuments, hubs or
pipe found on the line of excavation work until and unless ordered
to do so by the Borough Engineer.
[Ord. No. 2007-31 § 12.04.320]
a.
Forty-eight hours prior to the commencement of the work, the permittee
shall notify the Department of Public Works and request that an inspector
be present to supervise the excavation and restoration. The permittee
shall also notify all utility companies within such time as they prescribe
according to their rules and regulations, prior to commencement of
any work, in order to obtain appropriate utility underground location
information. No pavement surface restoration shall be performed until
the backfill operation is complete and approved by the Superintendent
of the Department of Public Works, or his designee.
b.
The Superintendent of the Department of Public Works or his designee
shall make any and all inspections as are reasonably necessary in
the enforcement of this section.
[Ord. No. 2007-31 § 12.04.330]
Users of subsurface street spaces shall maintain accurate drawings,
plans and profiles showing the location and character of all underground
structures including abandoned installations. Two copies of as-built
drawings shall be filed with the Borough Engineer and one copy with
the Superintendent of the Department of Public Works within 60 days
after new installations, changes or replacements are made.
[Ord. No. 2007-31 § 12.04.340]
The provisions of this section shall not be applicable to any excavation work by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work, for and on behalf of the Borough necessitating openings of excavations in streets. The provisions of subsections 15-1.5 and 15-1.7 shall not apply to any excavation work performed adjacent to or within public right-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided such subdividers or site developers have complied with applicable ordinance requirements governing subdivisions or site plans. Nothing in this subsection shall eliminate the requirement for the preparation of as-built drawings for the installation of any underground structures, whether installed by the Borough, a subdivider or a site developer.
[Ord. No. 2007-31 § 12.04.350]
a.
A permittee, prior to the issuance of the permit to do the work hereunder,
shall furnish to the Borough Clerk satisfactory certificates of insurance
indicating that the permittee has in force and will maintain in force,
during the performance of the excavation work and the period of the
excavation permit, public liability insurance of not less than $300,000
for any one person and $1,000,000 for any one accident, and property
damage insurance of not less than $500,000, duly issued by an insurance
company authorized to do business in this State. The Borough shall
be named as an additional insured on the permittee's insurance policy.
In cases where the character or nature of the proposed excavation
work is such as to present an unusual hazard or a higher than normal
risk of damage or injury, the Borough Council may require the provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability shall be
referred, by the Superintendent of the Department of Public Works,
for the consideration of the Council prior to the issuance of a permit.
b.
By the making of an application for a permit, the permittee agrees
to indemnify and save harmless the Borough of Fair Haven, its offices,
agents and servants from and against any loss, injury or damage (including
the costs of providing a defense) resulting from any negligence or
the fault of the permittee in the case of work covered by the permit.
The permittee shall also indemnify and save harmless the Borough of
Fair Haven (including the costs of providing a defense) against any
damage done to other utilities as a result of a road opening.
[Ord. No. 2007-31 § 12.04.360]
This section shall not be construed as imposing upon the Borough
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 Borough
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Ord. No. 2007-31 § 12.04.370]
The Borough Superintendent of the Department of Public Works
is authorized to refuse the issuance of any permit, if such refusal
is in the interest of public safety, public convenience or public
health. If a permit is refused by the Superintendent of the Department
of Public Works, an appeal may be taken to the Borough Council. The
Council after hearing the applicant and the Borough Superintendent
of the Department of Public Works and other evidence as may be produced,
may either direct the issuance of such permit or sustain the refusal
of the Borough Superintendent of Public Works.
[Ord. No. 2007-31 § 12.04.380;
New]
For the violation of the provisions herein contained, the Superintendent of the Department of Public Works or the Borough Engineer may revoke the permit and the excavation or opening and pavements may be restored by the Borough of Fair Haven at the expense of the permittee. In addition, any person, firm or corporation found guilty in the Municipal Court of the Borough of Fair Haven of a violation of the terms of this section shall be subject to the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of $150.
[Ord. No. 2007-31 § 12.05.010]
a.
No person shall paint, stencil, color, mark or deface the pavement,
sidewalk or curb of any public street in the Borough; provided, however,
that this section shall not be applicable to painting under the direction
of the Chief of Police of the Borough of Fair Haven, or his designee,
in the regulation of the traffic and parking of motor vehicles within
the Borough of Fair Haven.
b.
PUBLIC UTILITY
UTILITY MARK-OUT
Definitions.
As herein used, shall have the meaning set forth in N.J.S.A.
48:2.13.
Pursuant to N.J.S.A. 48:2-80, shall mean the marking, staking,
locating or other identification of underground facilities performed
by utility providers or their agents, that may be affected by a planned
excavation or demolition.
c.
Temporary marking is customarily done in indelible paint on the ground
surface above the utility to indicate its location in order to enable
an excavator to employ prudent construction techniques to determine
the precise location of the provider's underground facilities. The
mark-out is performed within three business days after receipt of
a notice of intent of any person performing excavations, exploratory
borings, or subsurface probing, and demolition, in public or private
properties.
d.
Public and private utility providers shall insure that painted mark-out
must be removed no later than four weeks after the mark-outs are ordered
or performed, but no less than the term of longevity required under
State law. Removal of the mark-outs shall not destroy, damage or mar
the public streets, sidewalks or curbs on which the paint exists.
[Ord. No. 2007-31 § 12.05.020]
Any public utility, private utility, private contractor, corporation
or individual who fails to remove indelible paint mark-outs on public
sidewalks, curbs or streets within the time prescribed shall be subject
to a penalty of $500 for each offense, plus the cost to the Borough
for the restorational repair of the sidewalk, curbs or streets. Each
offense shall consist of responding to a request for the marking-out
of underground utilities.
[Ord. No. 2007-31 § 12.05.030]
Upon application, and upon such terms as the Mayor and Council
may believe reasonable, the Mayor and Council may agree to waive the
terms and conditions set forth or to any terms and conditions as set
forth in the within section.
[2002 Code § 9.12.120; New]
No person shall encumber or obstruct any street or public place
in the Borough with any article or thing whatsoever without having
first made application to the Borough Clerk in writing and having
received permission.
[Ord. No. 2010-11]
a.
Collection of Residential Leaves, Recyclable Materials and Solid
Waste. Any homeowners' association (HOA), natural areas association,
or property owners' association that contracts with a private hauler
for the collection and disposal of leaves, recyclable materials and
solid waste may request reimbursement from the Borough of Fair Haven
effective January 1, 2011. The reimbursement which may be requested
shall be the lesser of either the cost incurred by the homeowners'
association for collection service or the cost the Borough pays for
garbage collection on an annual basis per household or per cubic yard,
whichever is less.
b.
Street Lighting. Any homeowners' association, natural areas association,
or property owners association that privately contracts with a public
utility for the provision of street lighting, but not installation
or maintenance, may be reimbursed by the Borough of Fair Haven upon
request for reimbursement. The Borough will reimburse the homeowners'
association for 100% of the cost of providing street lighting beginning
January 1, 2011.
c.
Snow and Ice Removal. Any homeowners' association (HOA), natural
areas association, or property owners association that contracts with
a private hauler for the removal of snow, ice and other obstructions
may request reimbursement from the Borough of Fair Haven effective
January 1, 2011. The reimbursement which may be requested shall be
the lesser of either the cost incurred by the homeowners' association
for the service or the cost the Borough pays for the service on an
annual basis per household or otherwise, whichever is less.
[Ord. No. 2010-11]
The general conditions which shall apply for this reimbursement
policy are as follows:
a.
Each HOA, as a condition for reimbursement for garbage collection
shall be required to comply with all of the Borough ordinances on
mandatory recycling, all of the recycling to be done by the HOA or
their private collector.
b.
In the event that an HOA either changes its private collector or
receives an increase of more than 10% per year in collection costs
over the previous year, the HOA shall be required to obtain three
quotes for services to be rendered to the HOA for collection of refuse
and garbage prior to being eligible to apply for reimbursement under
this section. The quotes obtained must be submitted to the Borough
Business Administrator prior to the award of any contract to the private
collector.
c.
The request for reimbursement shall be in writing on a form provided
for said purpose by the Borough of Fair Haven.
d.
Upon receipt of said request, copies of same shall be reviewed by
the Administrator, Borough Attorney, Borough Treasurer and Director
of the Department of Public Works in order that they may review same
and determine if there are any objections to granting said request
from their particular viewpoints.
e.
The request herein referred to shall be made on a quarterly basis
on or before April 30, July 31, October 31 and January 31 unless a
time extension is granted by the Business Administrator. Requests
shall be accompanied by copies of invoices or proof of payment to
the subject private hauler or electrical utility.
f.
The Council shall provide for funding for this program in the annual
budget in accordance with the above provisions.
g.
After receipt from the aforementioned administrative staff, the Borough
Council shall adopt a resolution either approving the requests for
reimbursement or denying the requests, setting forth their reasons
for such denial.
h.
All payments shall be made directly by the Borough to the homeowners'
association.
