[Ord. No. 02/02 § 73-1]
No person, company, firm, corporation or other entity, municipal
or private, nor any utility company, public or private, shall for
any purpose, open, tear up, excavate, disturb, bore, tunnel or drive
under or in any way impair the surface or subsurface of any municipal
roadway, sidewalk, right-of-way or public land without having first
obtained a permit from the Borough Engineer, whose duty it shall be
to grant such permit when all the requirements of this section have
been complied with. A separate permit shall be required for each opening.
The permit or copy thereof shall be available at the site during the
duration of the work and shall be presented for inspection upon request.
For excavations performed on County of Somerset or State of New Jersey
roadways or other areas under their control, permits must be obtained
from the County or State as appropriate.
The entity obtaining the permit shall be responsible to comply
with all applicable laws and requirements pertaining to construction
site safety.
[Ord. No. 02/02 § 73-2]
No permit shall be issued to open the pavement surface course
of any road which has been newly constructed or reconstructed, either
with New Jersey Department of Transportation (NJDOT) Municipal Aid
Grant or municipal funds, for a period of five years from the date
of completion of said work except in the event of an emergency.
No permit shall be issued to open the pavement surface course
of any road which has been resurfaced for a period of three years
from the date of completion of said work except in the event of an
emergency.
An emergency shall include a utility line break or any situation
which may result in harm to the public health, safety or welfare or
damage to public and/or private property. New residential/commercial
utility connections do not constitute an emergency.
[Ord. No. 02/02 § 73-3]
An application for a permit authorizing an excavation within
streets or rights-of-way shall be made in writing and signed by a
properly authorized person on forms as prescribed by the Borough Engineer
at least five business days prior to the proposed commencement of
any work. Such application shall state the location and approximate
size of the proposed opening, along with other information required
by the Borough Engineer.
Plans, profiles, and other details necessary to accurately depict
the work to be performed and all required State, County and Borough
permits and approvals, as determined necessary by the Borough Engineer,
shall be submitted with the application.
The Borough Engineer will issue a permit only when the applicant
has satisfied all provisions governing the application. Except in
the event of an emergency, no work shall commence until a minimum
of 48 hours notice [two working days] is given to the Borough Engineer
after the date set forth in the issued permit.
In the event of an emergency, the Borough Engineer or his/her
authorized representative may issue the permit within a shorter period
if deemed necessary and appropriate. If circumstances warrant, the
Borough Engineer may also issue a permit authorizing an oral application.
In such cases, the applicant shall submit a formal written application
within two days. Permits will not be required of any entity under
contract with the Borough to perform work in Borough roads or other
areas set forth above. They shall, however, comply fully with all
provisions stated in this section.
[Ord. No. 02/02 § 73-4]
The applicant must be the person, company, firm, corporation
or other entity, municipal or private, or utility company, public
or private, who will be actually engaged in the performance of the
work under the permit and who will be directly responsible for the
performance of the work, for compliance with the specifications, and
for the safety of the public. In addition, except for public utility
corporations, all applications shall be made for and on behalf of
the property owner for whom the work is being done and shall be countersigned
by the property owner. Permits will not be issued to private property
owners unless the property owner has certified that he/she is to complete
the scope of work without the assistance of a contractor.
[Ord. No. 02/02 § 73-5]
The applicant shall pay to the Borough, before any permit is
granted, the permit fee and nonrefundable engineering review/inspection
fee as provided for in the Fee Schedule[1] and shall submit proof of insurance as required by this
section.
Public utility companies, as defined in N.J.S.A. 48:2-13, which
are subject to the jurisdiction and control of the Board of Public
Utilities of the State of New Jersey, shall pay the required permit
fees to the Borough before any permit is granted. Engineering review
and inspection fees will not be required provided the public utility
company has filed with the Borough a standing agreement and continuing
bond.
[Ord. No. 02/02 § 73-6]
The Borough Engineer will not issue a permit unless the applicant
has deposited, as security for faithful performance, a certified check
made payable to the "Borough of Watchung," the amount thereof to be
based on the Performance Guarantee Schedule.*
Public utility companies, as defined in N.J.S.A. 48:2-13, which
are subject to the jurisdiction and control of the Board of Public
Utilities of the State of New Jersey shall file with the Borough a
standing agreement and continuing bond, approved by the Governing
Body as to form and surety, and in the amount or amounts to be determined
by it from time to time to guarantee the proper excavation, maintenance
and restoration of the roadway, sidewalks, rights-of-way or public
lands to be disturbed. However, any person, partnership or corporation
under contract to a public utility to install, replace or repair any
pipe, conduit or facility shall comply fully with all provisions stated
herein.
When deemed necessary by the Borough Engineer or Public Works
Manager, the Borough shall be authorized to use the performance guarantee
to perform general or emergency road repairs.
[Ord. No. 02/02 § 73-7]
In order for a public utility company to avoid the requirement
that its contractor comply with the provisions of this section requiring
the payment of nonrefundable engineering review/inspection fees and
the deposit of the performance guarantee, the public utility company
must enter into a standing agreement with the Borough which provides
for the following:
a.
The public utility company shall post a continuing bond in the amount
of $25,000 to insure and guarantee the restoration of the roadway
excavation and compliance with the specifications and obligations
set forth in the technical provisions[1] of this section.
b.
The public utility company shall deposit a four thousand ($4,000.00)
dollar performance guarantee cash bond with the Borough to be used
by the Borough to perform general or emergency road repairs when deemed
necessary by the Borough Engineer or Public Works Manager.
c.
In the event any monies are drawn against the cash bond, the public
utility company must immediately replace the sum withdrawn upon notification
by the Borough.
d.
Comply with the requirements to provide insurance certificates for
themselves and their contractors as required in these specifications.
e.
The public utility company must have a representative on the job
site at all times. This representative shall serve as the liaison
between the public utility company and its contractor and shall be
responsible to inform the Borough Engineer of the status of the work.
f.
The public utility company must provide emergency telephone numbers
for its field representative. The field representative must be available
day or night, seven days a week.
g.
The public utility company shall be responsible to maintain all road
excavation restorations for so long as the road restoration is visible.
Upon reconstruction or overlay of the road by the Borough, the public
utility company's maintenance obligation ceases.
h.
The standing agreement will be entered into on an annual basis and
may not be renewed if the public utility company has not complied
with the terms of this section.
[Ord. No. 02/02 § 73-8]
The applicant shall notify the Borough Engineer and the Borough
Police Department at least 48 hours in advance of the actual commencement
of any work. The applicant shall also provide the Borough Police Department
with the names and night phone numbers of at least two individuals
authorized to make emergency repairs to the road opening.
The applicant shall comply with all applicable laws pertaining
to notification of any person, company, firm, corporation or other
entity, municipal or private, or utility company, public or private,
engaged in the distribution or transmission of manufactured, mixed
or natural gas or synthetic natural gas, liquefied natural gas or
propane gas in the area of the proposed road opening and ascertain
from such person or corporation the location of all such gas lines
or pipe lines within 200 feet of the proposed excavation.
The applicant shall be solely responsible for ascertaining the
location of all utilities and for the repair of same if damaged as
a result of work for which the road opening permit was issued.
The applicant shall notify all property owners at least 48 hours
in advance of any work which will interfere with access to their residence
or place of business.
[Ord. No. 02/02 § 73-9]
The latest New Jersey State Department of Transportation Standard
Specifications for Road and Bridge Construction with all amendments
and supplements shall govern all of the work performed under these
specifications except as supplemented herein.
[Ord. No. 02/02 § 73-10]
All utilities shall be constructed with a minimum of four feet
of cover to provide protection for the utilities in the event that
future municipal road reconstruction, repair or modifications necessitate
excavation, undercutting, or installation of facilities in the area
where the utility is located.
[Ord. No. 02/02 § 73-11]
Traffic must be maintained throughout the project area during
construction. As required, prior to the commencement of any work,
the contractor shall submit a traffic control plan to the Borough
for review and approval by the Borough Engineer and Police Department.
No work within the Borough road right-of-way shall be started until
the plan has received the necessary approvals. Traffic control shall
be in conformance with the NJDOT Standard Specifications, as amended.
The contractor shall provide and/or be prepared to provide traffic
protection in accordance with the Manual on Uniform Traffic Control
Devices (MUTCD) 1988 edition for streets and highways. All roads shall
remain open to at least one lane of traffic during construction unless
a detour plan has been previously approved by the Borough. A reduction
in the number of lanes available for traffic will not be permitted
until after 9:00 a.m. and shall be removed prior to 4:00 p.m. unless
otherwise directed by the Borough Engineer. Work which will interfere
with traffic or restrict the width of traveled way available for traffic
shall not be performed on Saturdays, Sundays or legal holidays unless
otherwise directed by the Borough Engineer.
All roads which do not have an approved detour for overnight
road closing shall be open to two way traffic at the end of the work
day.
Construction signing shall be installed 24 hours in advance
of a multiday construction project and arrangements made with the
Borough Engineer or his/her representative to inspect same before
construction begins.
Approved construction signing shall remain in place until the
construction within the municipal right-of way is complete and approved
by the Borough Engineer.
[Ord. No. 02/02 § 73-12]
The contractor will make all arrangements for establishing,
maintaining and signing any detours. The contractor shall furnish,
erect and maintain all traffic control devices as specified.
All traffic control devices shall conform to the standard details
for traffic control devices as developed by the New Jersey Department
of Transportation.
Traffic control devices shall be placed as directed by the Borough
Engineer to provide traffic control for persons doing inspections,
sampling or taking measurements required for the project.
The contractor shall barricade all obstructions within the project
limits in accordance with the MUTCD. The contractor shall install
all necessary barricades to provide alternate two way traffic maintained
in a single lane, whenever a contractor's operations require
closing of a lane or a portion of a lane, whenever a contractor's
equipment or vehicles are entering or leaving active roadways at other
than normal traffic control devices (traffic signals, signs) within
a work area and whenever else in the opinion of the Engineer or Police
Department the contractor's operations cause such hazards to
require the use of traffic directors.
Traffic directors (employed at the expense of the contractor)
shall be responsible and thoroughly familiar with their responsibilities
and while serving as traffic directors shall not be required to perform
any other duties. Traffic directors shall be provided with STOP/SLOW
sign paddles, an orange or orange fluorescent traffic safety vest
and white or orange hard hats or other appropriate head gear. In general,
the use of red flags is not permitted and shall be limited to emergency
situations and at low-speed and/or low volume locations which can
best be controlled by a single flagger. The contractor may, at his
option and expense, secure the services of uniformed police officers.
[Ord. No. 02/02 § 73-13]
Every applicant shall, as a condition of accepting any permit
issued hereunder, save and hold harmless the Borough and indemnify
the Borough from and against any loss, damage, claim, expense or demand
whatsoever, including legal fees and court costs, arising out of any
matter or resulting from the opening of any street or the issuance
of a permit therefor.
Workmen's compensation and liability insurance shall be
maintained in force during the life of the work under the permit by
the applicant covering all employees engaged in performance of the
work under this permit in accordance with applicable law.
As a minimum, the applicant shall carry the following kinds
and amounts of insurance in addition to any other forms of insurance
or bonds required under the terms of this section or by the Municipal
Joint Insurance Fund. When applying for a permit, the applicant shall
file with the Borough Engineer a certificate from his insurers, showing
the amounts of insurance carried and the risks covered thereby, or
a copy of the required insurance policies. All insurance policies
described herein shall contain a provision that the same shall remain
in full force and effect for a period not to exceed two years after
the last work under any permit has been completed and accepted by
the Borough and shall name the Borough, its officers and employees
as additional insureds.
Public liability insurance of not less than $500,000 for all
damages arising out of bodily injury or death of one person, and subject
to that limit for each person a total limit of $1,000,000 arising
out of bodily injury or death of two or more persons in ay one accident
or occurrence.
Property damage liability insurance providing for the limit
of not less than $500,000 for all damages arising out of injury or
destruction of property in any one accident or occurrence and subject
to that limit per accident, a total or aggregate limit of $1,000,000
for all damages arising out of injury to or destruction of property
during the policy period.
Automobile liability insurance covering the applicant for claims
arising from owned, hired or non-owned vehicles with limits of not
less than $1,000,000 per person and $3,000,000 any one accident for
bodily injury and $1,000,000 each accident for property damage shall
be maintained in force during the life of the work under this permit.
In addition, with respect to the operations the applicant's
subcontractors perform, the applicant shall carry for them and in
the name of the Borough, regular protective liability insurance in
the amount of $500,000/$1,000,000 and regular protective property
damage liability insurance in the amount of $500,000/$1,000,000.
It shall be agreed by the permit holder that it is not intended
by any of the provisions of any part of this section to create for
the public or any member thereof a third party beneficiary hereunder,
or to authorize anyone not a party to the requirements of this permit
to maintain a suit for personal injuries or property damage pursuant
to the terms or provisions of this permit.
[Ord. No. 02/02 § 73-14]
The Borough Engineer or his/her authorized representative shall
periodically inspect all road openings and the repair and resurfacing
thereof for the purpose of determining compliance with any conditions
imposed on the issuance of the permit and compliance with this section.
The Borough Engineer may:
a.
Order a temporary stop to any road opening and order that the applicant
perform or correct specified work in accordance with the decision
of the Borough Engineer.
b.
Order a stop to any work and revoke the permit in which event the
Borough Engineer shall complete or cause to be completed any work
necessary to restore the road.
c.
Correct or cause to be corrected any work, after notification to
the applicant by the Borough Police or Borough Engineer and the neglect
or refusal of the applicant to make corrections as indicated.
d.
Correct or cause to be corrected, any work should the Borough Police
or Borough Engineer be unable to contact the applicant or any of the
applicant's representatives whose phone numbers appear on the
permit application.
e.
Take any other action deemed reasonable under the circumstances.
[Ord. No. 02/02 § 73-15]
Upon satisfactory completion and acceptance of all restoration
work required under the permit, the applicant shall post a one year
cash maintenance guarantee. The maintenance guarantee shall be 20%
of the performance guarantee, minimum of $250. The amount of the required
maintenance guarantee shall be retained from the performance guarantee.
All maintenance bonds shall remain in effect for a period not
to exceed one year after the restoration work has been completed and
accepted by the Borough Engineer.
[Ord. No. 02/02 § 73-16]
[Ord. No. 02/02 § 73-17]
a.
Site Preparation. Prior to the start of construction, all warning
or detour signs shall be in place in conformance with the MUTCD and
as required by the Borough Engineer.
Prior to the start of construction, all materials of construction
shall be inspected and accepted by the Borough Engineer.
Prior to the start of construction, the applicant shall make
all arrangements with adjacent property owners to remove and replace
landscaping, fencing, trees or other obstructions when necessary for
construction, whether they are on municipal rights-of-way or private
property. The Applicant shall also make all arrangements with utility
providers for the necessary relocation of facilities.
b.
Excavation. Paved roadway surfaces shall be saw cut to the full depth
of the existing pavement on a straight line before excavating. Roadway
surfaces beyond the limits of the trench shall not be disturbed and
the lifting of pavement adjacent to the trench shall be prevented.
Tunneling may be permitted along or crossing Borough roads.
All voids created by tunneling shall be filled with concrete by an
approved method.
The applicant shall not allow excavated material to be placed
on lawn areas. Surplus earth shall be properly stockpiled in an approved
area or immediately removed from the site.
Excavated pavement materials shall be separated from the excavated
earth material and shall be removed from the site and properly disposed
of in accordance with all laws.
c.
Backfill and Restoration of Pavement Areas. Backfill material shall
meet the requirements of Soil Aggregate Type I-3 or Dense Graded Aggregate
Base Course or approved equal. Backfill material shall be deposited
in layers and compacted in such a manner and by such methods to achieve
95% standard proctor density throughout the entire backfill. At no
time shall the thickness of each layer exceed 12 inches. The material
excavated from the trench opening shall not be used as backfill unless
specifically permitted by the Borough Engineer.
The trench opening shall be backfilled and paved as prescribed
herein by the end of the working day. Exceptions to this provision
will not be permitted except for the following:
1.
The applicant has submitted and the Borough Engineer has approved
detailed plans for an alternate method of protecting the trench area,
or,
2.
When the trench must remain open due to an emergency condition. In
the case of an emergency, the applicant must immediately notify the
Borough Police Department and the Borough Engineer. The applicant
shall be fully responsible to assure that all reasonable and proper
precautions are followed to protect the trench and the surrounding
area so as to allow for the safe passage of vehicular and pedestrian
traffic.
Prior to paving, the applicant shall be responsible to set all
manholes, inlets, utility boxes, and trench drains so that they conform
to the final grade of the restored surface of the roadway.
The compaction of pavement courses shall be by use of rollers
having a minimum weight of 10 tons or the equivalent thereof.
The trench backfill shall be compacted to a level three inches
below the level of the adjacent pavement surfaces. All adjacent pavement
surfaces of the trench shall be tack coated and a three inch compacted
thickness of Bituminous Stabilized Base shall be constructed level
with the existing pavement surface. After a minimum of six months,
the pavement surface course shall be saw cut to its full depth in
neat straight lines a minimum of 12 inches beyond the perimeter of
the existing trench repair. The trench shall then be excavated to
a depth of eight inches and all adjacent surfaces of said trench shall
be tack coated. A six inch compacted thickness of Bituminous Stabilized
Base (two lifts) and a two inch compacted thickness of I-5 FABC surface
course paving material shall then be constructed level with the adjacent
pavement surfaces.
d.
Backfill and Restoration in Unpaved Shoulder Areas. Backfill material
shall meet the requirements of Soil Aggregate Type I-3 or Dense Graded
Aggregate Base Course or approved equal. Backfill material shall be
deposited in layers and compacted in such a manner and by such methods
to achieve 95% standard proctor density throughout the entire backfill.
At no time shall the thickness of each layer exceed 12 inches. The
material excavated from the trench opening shall not be used as backfill
unless specifically permitted by the Borough Engineer.
All openings in unpaved shoulder areas shall be brought to grade
with compacted backfill material. After a minimum of six months, the
shoulder area shall again be compacted and redressed with a layer
of Dense Graded Aggregate Base Course. Where existing or proposed
manholes are located in disturbed shoulder areas, a minimum of three
inches of I-5 FABC surface course paving material shall be placed
around the manhole casting for a minimum distance of four feet from
the manhole casting.
e.
Backfill and Restoration of Non-Pavement Areas. All openings beyond
the shoulder area shall be brought to grade with compacted backfill.
After a minimum of six months, a minimum thickness of four inches
of topsoil shall be constructed in the trench area and seeded, fertilized
and mulched or sodded. Should a proper growth not be achieved, the
area shall be re-seeded, fertilized and mulched or sodded as necessary.
f.
Authorization of the Borough Engineer. The Borough Engineer may modify
or add to the above technical provisions as appropriate or necessary
for the specific project.
The Borough Engineer may require, at any time during the maintenance
guarantee period, that any portion of a trench be re-excavated and
restored in accordance with the provisions contained herein.
Borough facilities other than pavements, shoulders or lawn areas,
which have been disturbed as a result of work performed, shall be
repaired to the satisfaction of the Borough Engineer.
[Ord. No. 02/02 § 73-18;
New]
[Ord. No. 02/02 § 73-19]
The provisions herein set forth are designed as minimum requirements
for the safety and welfare of the general public. However, if an applicant
can demonstrate that, with reference to his application, the ideal
enforcement of one or more of said provisions will exact an undue
hardship, the Borough Council may permit such waiver or waivers as
may be reasonable and within said general purposes.
[1]
Editor's Note: Former Section 17-2, Driveways, previously
codified herein and containing portions of 1972 Code §§ 69-1
through 69-5, was repealed in its entirety by Ordinance No. 04-23,
Section 18. See Charter 138, Zoning, found in a separate Volume for
driveway regulations.
[1972 Code § 84-1]
This section is adopted for the purpose of preventing the creation
of any obstacles to vehicular traffic and otherwise providing for
the safety of persons traveling in vehicles during and following periods
of snowfall.
[1972 Code § 84-2]
This section shall apply to all roads within the Borough regardless
of authority for maintenance, unless otherwise indicated.
[1972 Code § 84-3; Ord. No. 14/05]
Any owner, occupant, tenant, snow plow contractor or any other
person who removes or causes to be removed snow, ice, slush or any
combination thereof from driveways or any other place within the Borough
shall not place the same on any public street or thoroughfare or right-of-way
after such time as the street or thoroughfare or right-of-way has
been plowed and cleared for the purpose of allowing free and safe
passage of vehicular traffic thereon.
[1972 Code § 84-4; Ord. No. 14/05]
[1972 Code § 85-1]
As used in this section:
Shall mean a residential condominium, cooperative, fee simple
community or horizontal property regime, comprised of a community
trust, trust device, condominium association, or association of homeowners
wherein the cost of snow removal of roads within the community is
paid for by a not-for-profit entity consisting exclusively of unit
owners within the community, as defined and applied under N.J.S.A.
40:67-23.2.
Shall mean a paved surface used to carry motor vehicle traffic
within the community, but shall not include areas used exclusively
for parking.
[1972 Code § 85-2]
Any qualified private community within the Borough shall be entitled to reimbursement for the cost of removal of ice and snow on roadways within the community pursuant to the formula established in subsection 17-4.4.
[1972 Code § 85-3]
a.
The Borough shall make a single payment to each QPC by July 1 of each year for reimbursement of ice and snow removal costs incurred by the QPC during the preceding twelve (12)-month period. The amount of reimbursement will be calculated in accordance with the formula established in subsection 17-4.4.
b.
The reimbursement payments will be made to the homeowners' association
or other legal representative established under the bylaws of the
qualified private community.
[1972 Code § 85-4]
The maximum amount to be reimbursed to the qualified private
community shall be the actual cost to the QPC for providing ice and
snow removal during the applicable 12-month period, but shall not
exceed the per-mile reimbursement calculation established below.
The per-mile reimbursement calculation shall be established
each year by the Borough Administrator by taking the total amount
expended by the Borough for the plowing, salting and sanding of public
streets during the applicable 12-month period, and dividing that amount
by the number of miles of public streets within the Borough. The Borough
shall then reimburse the QPC on a per-mile basis for each mile, or
fraction thereof, of roadway within the community.
[1972 Code § 85-5]
By June 1 of each year, each QPC shall provide to the Borough
Administrator an accounting of the actual costs incurred by the QPC
for the removal of snow and ice during the applicable period. The
QPC shall make available to the Borough Administrator all invoices,
vouchers and payment slips pertaining to ice and snow removal upon
request by the Borough Administrator. Any QPC which fails to submit
the required data in timely fashion shall not receive the reimbursement
payment until the following year.
The Borough Administrator shall submit his per-mile calculation
to the Chief Financial Officer of the Borough for distribution to
each QPC at the time of the reimbursement payment.
[1972 Code § 85-6]
The Borough shall not be responsible for the performance of
any snow or ice removal activity on roadways located within QPCs,
but shall only be responsible to reimburse the QPCs for the costs
thereof in the manner consistent with this section.
[1972 Code § 85-7]
This section shall not prevent any QPC and the Borough from
entering into a separate agreement for the performance of services
within the community as permitted under law.
