[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 9-11-84 by Ord. No. 84-30. Amended 11-27-84 by Ord. No. 84-49; 4-24-90 by Ord. No. 90-10; 9-22-92 by Ord. No. 92-35; 1-26-93 by Ord. No. 93-3; 10-12-93 by Ord. No. 93-60; 4-12-94 by Ord. No. 94-4. Amended in its entirety 4-10-12 by Ord. No. 2012-15. Subsequent amendments noted where applicable.]
As used in this chapter the following words or phrases shall have the meanings indicated herein:
- The area as defined by the Manual of Uniform Traffic Control Devices and the areas defined by ordinance within the town right-of-way.
- Removing, digging in, disturbing, penetrating the surface, excavation or taking up any surface, pavement or road in any road or street as defined by this chapter.
- The regularly traveled portion of any street or roadway for which the town is responsible, being constructed of bituminous concrete, Portland cement concrete, macadam, streetscape stamped asphalt surfacing system in crosswalks and painted crosswalks or other materials.
- A person (as defined herein) holding a permit to do the work which is regulated by this chapter.
- Any person, corporation, partnership, association, or any other organization.
- PUBLIC UTILITY
- Any public utility as defined in Section 48:2.13 of the Revised Statutes of the State of New Jersey, as amended.
- Any road or street, including sidewalks, curbs and shoulders thereof in the Town of Secaucus, for the maintenance of which the Town of Secaucus is responsible.
- That area within the street right-of-way, adjacent to the existing pavement as described above and available for use by vehicular traffic.
No person shall make any excavation, tear up, create a penetration, or place or conduct construction in, over or upon any road or street in the Town of Secaucus, or otherwise endanger or obstruct the normal flow of traffic or normal flow of surface water by the placing of any barricade, structure, material or equipment not designated normally to be operated, placed or used on a road or street without first obtaining a written permit, approved by the Town Engineer, which shall be issued by the Construction Official upon payment of such fees as required by this chapter and complying with all the terms and conditions of this chapter. Before a permit is issued, application must be made upon forms provided by the town, which are available in the office of the Secaucus Construction Official. The application shall be accompanied by drawings satisfactory to the Town Engineer and Construction Official, showing all details of any structure, pipes, ducts, wires, cables, or other facilities being installed in the road or street of any road or street being altered. Every permit shall specify the name and residence of the applicant, the place and places at which the work is to be done, the character of the work and the time within which such work is to be completed, and other such information as required by the Construction Official. A permit issued shall be valid only for the place, time period and character or work specified in such permit.
No permit shall be issued for a newly constructed, reconstructed, or resurfaced street, which street shall have been constructed, reconstructed or resurfaced for a period of five years from the date of acceptance of such work, except in cases of emergency as described in § 117-13, or as otherwise authorized by the Mayor and Council. 90 days prior to the start of construction reconstruction or resurfacing of any street as authorized by the Town Council, the Town Engineer shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Chief and the Fire Chief of such construction and of the provisions of this section. Sidewalks shall be exempt from the provisions of this section.
If, by special action of the Mayor and Council, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the five year restricted period. The cost of restoration and the validity of any claim of an emergency shall be determined by the Town Engineer. The minimum penalty charge shall be $1,000.
If the application for street opening permit requires the street to be opened more than 25% of the surface area of the travel lane or parking lane in one block, the applicant shall be required to perform a two inch mill and two inch overlay between the curbline and centerline of the roadway. If the permit extends to the next block or fraction of the next block the repaving will include the full block area from curb to centerline. Only the Mayor and Council shall have the ability to waive this requirement.
Prior to the issuance of any permit for excavation or penetration below existing pavement grade, the applicant shall file a certificate of insurance with the Construction Official certifying that there is in full force and effect liability and property damage insurance for the protection of the applicant, the town, and its agents and employees connected therewith from any and all claims for personal injury, including accidental death, and property damage in minimum amounts of $500,000 to $1,000,000 bodily injury and $100,000 property damage.
No person shall be granted a permit to open any street until and unless there shall be deposited with the Town Engineer, in cash or by certified check, an amount sufficient to secure the cost of repairing and replacing such street or other surfaces or appurtenances within the street area as may be determined by the Town Engineer. Such sum shall be forwarded to the Town Treasurer and the minimum amount deemed sufficient for such purposes shall be $500, and such deposit shall be held for a period of 90 days. Any person may file a performance surety bond in the amount stated herein to secure the cost of repairing and replacing such street or other surfaces or appurtenances within the street area in the manner as herein provided.
[Amended 8-27-2019 by Ord. No. 2019-34]
Each bond filed pursuant to this chapter shall be in a form satisfactory to the Municipal Counsel.
In addition to the deposit or bond as provided in § 117-4 hereof, each applicant for a permit shall pay the following fees for the purposes of issuance of the permit, examination of drawings, and initial deposit for the administration and inspection of work:
Should any additional costs be incurred by the Town of Secaucus due to the permittee's operations or negligence, including administrative, engineering, inspection and legal costs, the permittee shall reimburse the town for all costs incurred. The permittee shall be required to post adequate funds in escrow to reimburse the town for costs of the Town Engineer's inspection. Any excess moneys shall be remitted to the permittee upon approval and acceptance by the Town Engineer of all final, permanent restoration work in accordance with the standards set forth herein. All costs shall be paid by the permittee prior to the issuance of a permit by the Town Engineer, as provided herein.
No such security deposit, certified check or performance surety bond shall be released by the Construction Official until all restorations of streets or other surfaces or appurtenances within the street are completed fully to the satisfaction of the Town Engineer, all fees have been paid as provided by this chapter and compliance with all other provisions of this chapter. In no event shall any such security deposit, certified check or performance surety bond be released without obtaining written recommendation for release by the Town Engineer and final approval from the governing body to release the deposit or bond. However, no such approval of the Town Engineer shall be given for a period of three months from the completion of such work.
Unless otherwise directed by the Town Engineer, the following specifications shall govern street opening process:
The permittee shall provide 48 hours notice of the start of the street opening to the Town Engineer and Department of Public Works.
All excavations within paved surfaces shall be preceded by the sawcutting of the surface.
48 hours prior to the commencement of the backfilling, the Town Engineer shall be notified by the permittee. The permittee shall provide access for the Town Engineer to perform the required inspections. The inspections performed by the Town Engineer do not relieve the permittee's responsibilities to perform all work in accordance with the provisions of this Article.
All road, shoulder and driveway openings shall be backfilled with material meeting the requirements of the NJDOT Dense Graded Aggregate (DGA) unless otherwise specifically permitted by the Town Engineer. The backfill shall be tamped in 12 inch layers with a mechanical tamper and made thoroughly compact, firm and unyielding as backfilling progresses. The backfill material shall be brought to eight inches from the finished surface in roadway areas.
All material not suitable for backfill and all excess backfill material shall be removed from the site. The proper disposal of excavated material shall be the sole responsibility of the permittee.
Eight inches of bituminous stabilized base course shall be placed in two lifts and separately compacted so as to provide a smooth surface. A thin tack coat shall be applied to the sides of the existing pavement.
The contractor or owner performing construction shall enclose or cover by tarpaulin or other suitable means all sand, gravel and other construction materials stored on the property or any portion of the street or sidewalk whenever the contractor or owner doing construction is not engaged in construction and take all necessary steps to prevent dislodging or washing of construction materials from its stored site onto the sidewalks, streets or adjacent property in the Town of Secaucus or into any public sanitary or storm sewer or catch basins in the Town of Secaucus. The contractor shall not store any material within the right-of-way unless specifically authorized by the Town Engineer and Police.
The holder of the permit shall guard the excavation or excavations by the erection of suitable barriers by day and the maintenance of suitable lights by night. The Town Engineer and or Police Department may require additional security measures as required for public welfare. Under no circumstances shall an open trench remain open overnight. All open trenches shall be temporarily backfilled or sufficiently plated with steel plates anchored to the existing street.
The holder of the permit must notify the Town Engineer at least 24 hours prior to close of the trench.
Unless otherwise directed by the Town Engineer or Construction Official, upon completion of the opening and backfill as specified in § 117-7, the following specifications shall govern the maintenance and repair of street openings by the permittee.
The permittee shall notify the Town Engineer at least 24 hours prior to final repair of the trench.
Eight inches of bituminous stabilized base course shall be placed and compacted so as to provide a smooth surface. A thin tack coat shall be applied to the sides of the existing pavement.
It shall be the responsibility of the permittee to maintain such pavement openings to the existing grade by the addition of bituminous concrete as required by this chapter. Should the permittee fail to maintain such pavement openings as required by this chapter, in the opinion of the Town Engineer, the Town Engineer shall notify the Construction Official of such failure and the Construction Official shall, upon 24 hours notice, whether oral or written, to the permittee, order such conformity with this chapter or such repair or any such work deemed necessary and proper by the Town Engineer and/or Construction Official, whereupon the Department of Public Works of the Town of Secaucus shall commence such work and the cost thereof shall be deducted from deposits received under § 117-4 hereof. If sufficient funds are not available the permittee will be notified immediately.
When, in the opinion of the Town Engineer or the Construction Official, settlement in the pavement opening has ceased, the bituminous concrete surface course and base course shall be removed to the required depth and the edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool, and a permanent pavement shall be installed in the following manner. There shall be no varying width in the final repair. The edges of the existing pavement shall be painted with asphaltic oil, and hot mixed bituminous concrete pavement shall be installed consisting of six inches of a N.J. Department of Transportation approved bituminous stabilized base course mix, and two inches of a N.J. Department of Transportation approved bituminous concrete surface course mix.
For openings in reinforced concrete pavement when the settlement in the temporary pavement has ceased, the temporary pavement shall be removed to the required depth and permanent pavement shall be installed. The edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool to expose the existing reinforcement steel. There shall be no varying width in the final repair. New steel of the same size as the existing steel shall be wired to the existing steel with a six inch overlap. New concrete, 2500 psi, eight inches thick shall be installed to complete the permanent repair.
Driveway openings shall be replaced in kind and the appropriate specifications for the shoulder openings or pavement openings shall govern replacement of same.
Adequate provision shall be made to maintain and restore drainage facilities.
In the event that the Mayor and Council grant the street opening permit for a street that has been improved or paved within five years an infrared process, or approved equal as determined by the Town Engineer shall be used on all seams to blend in the final repair with the existing pavement.
In the event that the street opening requires removal of a portion or the whole crosswalk, the permittee is required to replace the existing crosswalk stripe from curb to curb in its entirety. In the case where the crosswalk being disturbed is stamped or textured asphalt, the entire crosswalk shall be removed and replaced in kind including the striping.
All provisions of this chapter except §§ 117-4 through 117-6 shall apply to state, county, or municipal authorities. Contractors performing work in town streets under construction contracts with such state, county, or municipal authorities and such contracts shall contain provisions and specifications to insure compliance with the provision of this chapter.
Every person making an excavation shall be required to place and maintain suitable warning devices, precaution notices, barriers and lighting devices pursuant to the requirements of Title 39 of the Revised Statutes of the State of New Jersey and amendments thereto, and such additional safety warning devices as deemed suitable by, and in the opinion of, the Town Engineer, Police, or Construction Official.
In addition to any other provision of this chapter or any state regulation or law or any other provision of any Secaucus ordinance or chapter of this code, any person performing excavation work or roadway construction within 2,000 feet of any school (public or private) located in the Town of Secaucus shall have an adequate number of traffic directors or flagmen as determined by the Secaucus Police Department to provide for the safety of all pedestrians including school children and for the expeditious movement of traffic; and, the public school through the Secaucus Board of Education or the private school within said 2,000 feet, as the case may be, shall be notified of such work seven days in advance of such work by the Secaucus Police Department and the person(s) performing such work.
All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public and occupants of adjoining property. Where less than two complete traffic lanes are maintained, flagmen shall be employed. Flagmen shall meet the criteria set forth by the N.J. Department of Transportation. Where an excavation extends the full width of a street, only one-half of such street shall be open and backfilled prior to opening the remaining one- half.
When work is being conducted on roadways with only one travel lane, the contractor shall notify the Police Department 48 hours in advance of the work commencing in order to establish emergency no-parking area, if necessary.
All persons making excavations in the street shall inquire of the Chief of Police to determine if flagmen or detours of traffic are needed, or the work is to be scheduled in order to minimize disturbance of the normal traffic flow.
No excavation shall be made after 6:00 p.m. or on Sundays except in an emergency.
Any street opening must be backfilled in accordance with Section 117-7 within a period of 48 hours after commencement of excavation; temporary repaving shall be completed promptly as trenches are backfilled. The permittee may request an extension to the 48 hours by submitting a construction schedule that is approved by the Town Engineer and the Chief of Police. Permanent pavement replacement shall be completed within a period of six months from the date of installation of temporary pavement unless the Town Engineer shall designate a shorter period of time. During the winter season as determined by the Town Engineer, the permanent pavement replacement will be deferred until weather permits.
[Amended 3-12-2019 by Ord. No. 2019-6]
Any public utility subject to regulations by the Board of Public Utility Commissioners of this state may, in lieu of security deposits required in § 117-4, execute a bond in the penal sum of $25,000 to the Town and file same with the Construction Official. Such bond shall be conditioned upon compliance with the applicable provisions of this chapter. In lieu of filing certificates of insurance as provided in § 117-3, a public utility may file with the Construction Official evidence certifying that it is qualified as a self-insurer pursuant to the appropriate statutes of this state. The provisions of this chapter shall not apply to the installation of public utility poles and anchors.
Each bond filed pursuant to this chapter shall be in a form satisfactory to the Municipal Counsel and shall remain in effect for a period of one year after the last restoration work under any permit which has been completed and accepted by the town.
Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would appear reasonably to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in § 117-10. Immediate written notice thereof shall be forwarded to the Construction Official, Chief of Police and Town Clerk. Applications for a permit shall thereafter be made within a period of 72 hours and there shall be compliance with all other provisions of this chapter.
Every permittee shall, as a condition of accepting any permit issued hereunder, save and hold harmless the town and indemnify such town, its officials, agents, servants and employees from and against any and all loss, damage, claim, expense or demand whatsoever arising out of any matter or resulting from the opening of any street and the issuance of a permit therefor as provided in this chapter.
If the permittee, in installing the permanent pavement, shall fail to make progress satisfactory to the Town Engineer, the town may give a written notice of such failure to the permittee. If, within 20 days after the receipt of such notice, the permittee shall fail to make progress at a rate satisfactory to the Town Engineer, the town shall have the right to complete the installation of such pavement in which event, the permittee shall be charged for the cost thereof at rates the town is billed by the contractor who performs the work, or at the rate it costs the town to perform such work itself, which charges shall be billed after the receipt of the bill therefor.
This chapter only regulates street and road openings as defined herein. It is not suggested or implied that permittees are exempt from obtaining other permits for work involved in the street or road opening, including but not limited to other town permits, water company hookup fee permits, and other utility permits.
This chapter only regulates the disturbance within the town right-of-way and it shall not be implied to mean more.
The provisions of this chapter shall be enforced by the Town Engineer and/or the Construction Official, or their designees.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.