As used in this chapter the following words or phrases shall
have the meanings indicated herein:
CROSSWALK
The area as defined by the Manual of Uniform Traffic Control
Devices and the areas defined by ordinance within the town right-of-way.
OPENING
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.
PAVEMENT
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.
PERMITTEE
A person (as defined herein) holding a permit to do the work
which is regulated by this chapter.
PERSON
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.
ROAD/STREET
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.
SHOULDER
That area within the street right-of-way, adjacent to the
existing pavement as described above and available for use by vehicular
traffic.
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 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:
A. The permittee shall provide 48 hours notice of the start of the street
opening to the Town Engineer and Department of Public Works.
B. All excavations within paved surfaces shall be preceded by the sawcutting
of the surface.
C. 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.
D. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
A. The permittee shall notify the Town Engineer at least 24 hours prior
to final repair of the trench.
B. 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.
C. 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.
D. 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.
E. 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.
F. All sidewalks, driveway openings, curbing and curb cuts shall be
replaced with NJDOT Class B concrete. Curb cuts shall be formed by
full depth depressed curb of a material consistent with the existing
curb and installed in accordance with N.J.A.C. 5:21-4.17. Appropriate
specifications for the shoulder openings or pavement openings shall
govern replacement of same.
[Amended 3-22-2022 by Ord. No. 2022-6]
G. Adequate provision shall be made to maintain and restore drainage
facilities.
H. 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.
I. 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.
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]
A. 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.
B. Permit and inspection fees for public utilities shall be in accordance with §
117-5.
C. 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.
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.