[Adopted 12-13-2021 by Ord. No. 21-33[1]]
[1]
Editor's Note: This ordinance superseded former Art. III,
Street Excavations, adopted 10-13-2020 by Ord. No. 20-18. Prior history
includes an ordinance adopted 12-31-1975 as § 11-1 of the
1975 Code, as amended.
As used in this article, the following terms shall have the
meanings indicated:
A street having a granite, wooden or stone substance in block
form.
Any pavement having a concrete surface.
Except where otherwise required by the context, shall mean
the Public Works Manager.
Any street within the Borough of River Edge designated in Chapter 240.
A street having an asphalt Topeka surface on a stone base.
A street having macadam or a penetration surface.
Any street having a dirt or cinder surface.
No person shall remove, obstruct, excavate, dig up or in any way disturb the surface of any street, road, avenue or public place within the Borough, or any gutter or pavement thereon, for any purpose, without obtaining a written permit from the Borough Clerk. In the event of the Clerk's absence, such permit can be issued by the Deputy Clerk and/or Borough Administrator. A street shall be defined as set forth in § 362-11. No person shall make an excavation in, or tunnel under, any street without the necessity of the issuance of a permit. Where an emergency has arisen which makes it necessary to commence work immediately, provided that the application for a permit is filed with the responsible municipal official no later than the commencement of work together with an estimate of fees required and estimated performance guarantee, provided further that such procedure may be delayed until the next business day succeeding the commencement of work where the emergency arises subsequent to the departure for the day of the responsible municipal official, the permit, when issued, shall be retroactive to the date on which the work has begun.
A.
Application. All permits granted under § 362-12 shall be done by completing Borough of River Edge street opening application. The permit shall specify the full name of the person to whom it is granted and the place or places at which the work is to be done, the character of the work and the time within which it is to be completed. No such permit shall be valid except for the place, time and character of the work specified therein. No permits shall be granted to dig up or excavate any street, road, avenue or public place until there shall have been paid to the Borough Clerk a fee as hereinafter provided. The fee shall become the property of the Borough to be used for the repairing and maintenance of the surface of the trench or opening until it has been properly filled. The fee shall also be for the use of the Borough for preparing and recording every permit and inspecting the street when the work is completed.
B.
Fees shall be paid simultaneously with the submission of the permit application. Applicants for residential and commercial properties shall be charged a nonrefundable permit fee of $500 for each opening permit, or such higher fee as is set forth in Chapter 206. Utilities are exempt from this application fee.
All permits issued under this section shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded by the permittee
at all times. No excavation work area shall be open overnight. This
regulation shall not excuse the permittee from taking any other reasonably
necessary precaution for the protection of persons or property.
B.
All work shall be done in such a manner as to cause a minimum of
disruption to the community at large.
C.
No work shall be done in such a manner as to interfere with any water
main or sewer line, or any connection with either of the same, from
any building unless that is the purpose of the excavation or permission
has been obtained in advance from the Borough Engineer. No work shall
be carried on in such a manner as to result in destruction or damage
of any property of the Borough unless this is necessary for completion
of the work and permission has been obtained in advance from the Borough
department or agency having jurisdiction over such property.
D.
Pavement shall be cut with mechanical pavement cutters, saws or other
like tools. The edges of the opening shall be kept as square and clean
cut as possible. The paved roadway surfaces shall be cut vertically
on a straight line at least 12 inches beyond the outer limits of the
trench before excavating to avoid undermining the adjacent roadway.
The trench in which any utilities and/or appurtenances are to be constructed
shall be excavated in open cut from the surface and in such a manner
and to such depth and width as will give suitable room for bracing
and supporting, pumping and drainage at the permittee's discretion.
E.
All applications for excavations exceeding four feet in depth shall
be accompanied by engineering documents showing how the excavation
will be supported from side wall collapse and how adjacent property
and structures shall be protected.
F.
No trench may be backfilled until such time as the Director of Public
Works, Borough Engineer or their designee has inspected the subterranean
installations and approved same.
G.
All excavations shall be completely backfilled at the end of each
working day by the permittee. As much as possible of suitable material
excavated modified proctor density.[1] Consolidation will not be acceptable as a method to achieve
the soil densities specified. Upon completion of the work, the permittee
shall remove any excess material and leave the premises in a clean
condition. If the Director of Public Works, Borough Engineer or their
designee determines that any backfilled excavation has settled or
caved in, he shall so notify the permittee, who shall promptly continue
backfilling until the Director of Public Works, Borough Engineer or
their designee determines that settlement is complete.
[1]
Editor's Note: So in original.
H.
All required utility mark outs, including the Borough if necessary,
should be done in a timely fashion, specifically before excavation
takes place.
I.
It is the responsibility of the permittee to ensure traffic safety
arrangements have been arranged with the River Edge Police Department.
No permit shall be issued until the applicant has filed a bond
in an amount determined to be sufficient by the Director. The Director
may waive the requirements of this section in the case of public utilities
upon the presentation of satisfactory proof that it is capable of
meeting any claims against it up to the amount of the bond which would
otherwise be required. The bond shall be executed by the applicant
as principal and a surety company licensed to do business in the State
of New Jersey as surety and shall be conditioned as follows:
A.
Bond amounts per application as follows: residential, $1,500; commercial,
$2,500; exception: historical streets (Lincoln Avenue, Webb Avenue),
$3,600.
B.
A public utility company, in lieu of giving a separate bond for each
project, may (annually, once) in January of each year post a bond
for each project in the amount (see below) sufficient to encompass
the estimated work performed by said utility during the ensuing calendar
year. In the event that the actual street opening work exceeds the
posted bond amount, additional bonds and/or cash security will be
required.
|
Utility Yearly Bond Amounts:
| |
|
Gas, Electric, Water
|
$50,000
|
|
Cable, Telephone
|
$25,000
|
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All Others
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$25,000
|
C.
To indemnify and hold harmless the Borough from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation arising out of injury to any person or property resulting
from any work done by the applicant under the permit.
D.
To indemnify the Borough for any expense incurred in enforcing any
of the provisions of this article.
E.
To indemnify any person who sustains personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors done in the course of any
work under the permit.
F.
The bond shall also be conditioned upon the applicant's restoring
the surface and foundation of the street for which the permit is granted
in a manner acceptable to the Public Works Manager.
G.
One bond may be accepted to cover a number of excavations by the
same applicant. Bonds shall remain in force for a period to be determined
by the Director of Public Works.
A.
Contractor. No permit shall be issued until the contractor has furnished
the Director of Public Works with satisfactory proof that contractor
is insured against injury to persons and damage to property caused
by any act or omission of the contractor, his agents, employees or
subcontractors done in the course of the work to be performed under
the permit. The contractor shall carry the following coverages:
(1)
Commercial general liability insurance shall cover all hazards likely
to arise in connection with the work, including but not limited to
collapse and explosion, and shall also insure against liability arising
from completed operations. The limits of the insurance policy shall
be a combined single limit of $1,000,000 for injury to any one person,
for injuries to more than one person in the same accident and for
property damage for a single incident. Contractual liability must
be included on all certificates of insurance as well as evidence of
XCU (explosion, collapse, and underground) coverage.
(2)
Business auto liability insurance with limits of $1,000,000 per accident
combined with single limit for bodily injury and property damage.
(3)
Workers' compensation insurance in accordance with the statutes
of the State of New Jersey. Under Coverage A, Workers' Compensation,
such coverage will be statutory. Under Coverage B, Employer's
Liability, coverage will be no less than $1,000,000 each accident,
$1,000,000 each employee, $1,000,000 policy limit. If any contractor
operates as a sole proprietor, partnership, limited liability partnership
(LLP), or limited liability company (LLC), the certificate of insurance
shall state when applicable that the self-employed persons, partners,
partners of the LLP or members of the LLC have elected to be deemed
employees of the business and therefore covered under the policy.
(4)
Umbrella/excess liability insurance policy with limits of at least
$2,000,000 per occurrence. No umbrella/excess liability insurance
policy shall be more restrictive than the coverage provided for under
the above-described primary policies.
(5)
Indemnification and hold harmless. The contractor hereby agrees to
release, indemnify and hold harmless the Borough of River Edge, including
their employees, officers, agents and officials, from and against
any loss, damage, liability, judgment or demand, including attorney
fees and defense costs which arise out of injuries to persons, including
death, or damage to property caused by that party, his employees,
agents, subcontractors or any other person or persons. The contractor
expressly represents and warrants that he has complied with all the
requirements concerning insurance and contractual indemnification.
B.
The contractor is required to carry as a minimum the coverage described
above. The contractor is also required to verify that all of subcontractors
carry the coverages listed in the minimum limits shown, and to obtain
certificates of insurance from all such subcontractors verifying the
existence of coverage. The contractor shall submit to the Borough
of River Edge prior to the start of any work a certificate of insurance
specifically naming the Borough of River Edge as additional insured
on all liability policies, including general liability, commercial
automobile liability and umbrella/excess liability coverage, including
bodily injury and property damage, with the minimum limits of liability
set forth herein. The governing body of the Borough of River Edge
reserves the right to waive any requirement at its discretion by passage
of a resolution.
C.
The following requirements shall pertain to every resident/applicant
for a street opening permit:
(1)
Every application for a street opening permit must be accompanied
by a certificate of insurance demonstrating that the applicant possesses
personal liability insurance, including bodily injury and property
damage with minimum limits of liability of not less than $500,000
under a homeowners' or similar policy. Said insurance shall be
maintained by the permittee during the period of construction. Utility
companies may file an annual certificate showing proof of coverage.
(2)
The resident/applicant hereby agrees to release, indemnify and hold
harmless the Borough of River Edge, including their employees, officers,
agents and officials, from and against any loss, damage, liability,
judgment or demand, including attorney fees and defense costs which
arise out of injuries to persons, including death, or damage to property
caused by that party, his employees, agents, subcontractors or any
other person or persons or employees in conjunction with the work
authorized by said street opening permit.
Restoration of the various roadway surfaces shall be in accordance
with the following rules and regulations.
A.
Bituminous concrete roads:
(1)
Following compaction, the permittee shall install no less than six
inches of virgin dense graded aggregate followed by eight inches of
bituminous stabilized base course to the trench. If the distance from
the edge of the excavation work area to the existing curb or roadway
edge is less than two feet, the permittee shall be required to excavate
to the curb and evenly install six inches of dense graded aggregate
followed by eight inches of bituminous stabilized base course in the
entire area (See Detail-A, Detail-B, Detail-C, Detail-D and Detail-E[1]).
[1]
Editor's Note: Said detail illustrations are on file
in the Borough offices.
(2)
The partially restored pavement shall be allowed to settle for no
less than 90 days and no more than 180 days (period of settlement).
The Borough has the responsibility to inspect the trench at any time
during the settlement period or after at its sole discretion. If the
trench becomes unacceptable, the permittee shall be notified of the
condition requiring repair, and such repair shall be performed by
the permittee within 15 business days.
(3)
Following the period of settlement, the permittee shall be required
to mill the excavation work area surface as specified in this article
and install no less than two inches of fine aggregate bituminous concrete
(FABC) 9.5 HMA 64 surface course. The permittee shall also be required
to provide a tack coat on all existing bituminous concrete surfaces
and a hot-poured, rubber asphalt joint sealer per Section 914 of NJDOT
Standard Specifications for Roads and Bridges.
(4)
All longitudinal excavations shall require milling and restoration
of the excavation work area extending from the curb to curb of the
road and/or a minimum of one foot beyond the outer edges of the excavation.
Individual excavations less than 120 square feet shall be restored
via the "infrared" method. If square excavations are located within
50 feet on center, full curb-to-curb restoration for the entire distance
between excavations shall be required (See Detail-C, Detail-D and
Detail-E[2]).
[2]
Editor's Note: Said detail illustrations are on file
in the Borough offices.
(5)
The permittee shall be required to replace any facilities, including
but not limited to curb, pavement, sidewalk, line stripping, trees,
etc., that are affected by the excavation and restoration work.
(6)
With written approval from the Borough Engineer, the center line
of road milling and restoration may be offset by the distance necessary
to avoid disturbing the existing line striping or markers.
B.
Concrete roads:
(1)
Following compaction, the permittee shall install no less than six
inches of virgin dense graded aggregate.
(2)
The permittee shall install No. 4 longitudinal and transverse reinforcing
bars (two rows spaced four inches apart). The permittee shall install
No. 4 reinforcing bars (steel dowels; 18 inches long), which shall
be set in predrilled holes in the existing concrete pavement spaced
every two feet along the cut edge. Following approval by the Borough
Engineer, the permittee shall then follow with eight inches of 5,000
psi concrete with polypropylene fibers at a mix of one pound per cubic
yard, bringing the finished trench to grade. If concrete has been
overlaid with asphalt, the same thickness of asphalt present (minimum
two inches) shall be installed (See Detail-F and Detail-G[3]).
[3]
Editor's Note: Said detail illustrations are on file
in the Borough offices.
(3)
The permittee shall be required to replace any facilities, including
but not limited to curb, pavement, sidewalk, line striping, trees,
etc., that are affected by the excavation and restoration work.
C.
Granite paver crosswalks and intersections:
(1)
Following compaction, the permittee shall install no less than six
inches of dense graded aggregate base course to the trench. 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 six inches of dense graded aggregate
base course in the entire area (See Detail-H[4]).
[4]
Editor's Note: Said detail illustration is on file in
the Borough offices.
(2)
The permittee shall follow with matching brick pavers approved by
the Borough Engineer, 2 1/4 inches thick on a 1 1/2-inch
sand setting bed leaving a separation for swept-in sand. The subgrade
will consist of 12 inches of virgin dense graded aggregate, along
with Geogrid fabric for structural strength (See Detail-H[5]).
[5]
Editor's Note: Said detail illustration is on file in
the Borough offices.
(3)
The permittee shall be required to replace any facilities, including
but not limited to curb, pavement, sidewalk, line striping, etc.,
that are affected by the excavation and restoration work.
A.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extended, in writing, by the Borough Clerk. In the event of the Clerk's
absence, such permit can be issued by the Deputy Clerk and/or Borough
Administrator.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan, endorsed with the approval of the Director of Public
Works, Borough Engineer or their designee, must be kept in possession
of the person actually performing the work and shall be exhibited
on demand to Director of Public Works, Borough Engineer or their designee,
any duly authorized employee of the Department of Public Works or
to any police officer of the Borough.
D.
Revocation of permit. The Director of Public Works, Borough Engineer
or their designee may revoke a permit for any of the following reasons:
(1)
Violation of any provision of this article or any other applicable
rules, regulations, law or ordinance.
(2)
Violation of any conditions of the permit issued.
(3)
Carrying on work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or declared by any provisions of this Code to constitute a nuisance.
E.
The procedure for revoking a permit shall be the same as that set
forth in this Code for the revocation of licenses, except that the
initial hearing shall be before the Director of Public Works, Borough
Engineer or their designee with a right of appeal to the Council;
and the Director of Public Works, Borough Engineer or their designee
may provide in his decision that the revocation shall not become effective
if the permittee corrects the violation within a specified period
of time.
F.
Modification of permit conditions. In a special case, the Council
may by resolution impose special conditions to which the issuance
of the permit may be subject, or may decide that any provision of
this article shall not apply or shall be altered.
G.
There will be no street opening work permitted on Saturday or Sunday
in accordance with this article unless it is an emergency.
The Borough may make any rules and regulations which it considers
necessary for the administration and enforcement of this article,
but no regulation shall be inconsistent with, alter or amend any provision
of this article, or impose any requirement which is in addition to
those expressly or by implication imposed by this article. No regulations
shall be effective unless they shall be approved by resolution of
the Council. Copies of all current regulations shall be furnished
to each permittee at the time of the issuance of the permit.
It shall be unlawful for any person to store any material upon
the right-of-way of any road or street in the Borough for the maintenance
of which the Borough is responsible without first obtaining a storing
permit. The charge for each storing permit shall be as set forth in
the Borough Fee Schedule, adopted by resolution of the Borough Council,
on file in the office of the Borough Clerk. The permit shall run for
the time as so designated when issued by the Clerk. Each permit can
be renewed upon application and a further payment as set forth in
the Borough Fee Schedule, adopted by resolution of the Borough Council,
on file in the office of the Borough Clerk.
Any person, company, firm or corporation who has applied for
and received approval before the Planning or Zoning Board of the Borough
shall apply for the permit required under this article and shall pay
the appropriate fee. Prior to granting approval to any applicant,
the Planning or Zoning Board must consult with the Borough Engineer
or his/her designee regarding any activity. Such work shall be performed
under the authority of the Borough Engineer. Additional escrow fees
necessary under this section shall be determined at time of permit
application.
No performance guarantees will be returned until such time as
the Director of Public Works, Borough Engineer or their designee has
satisfied himself that the permittee has complied with all of the
requirements of this chapter relative to opening, backfilling and
restoration of the street surface.
Forty-eight hours prior to the commencement of work, the permittee
shall notify the Director of Public Works, Borough Engineer or their
designee and request that an inspector be present to observe the excavation
and restoration. The permittee shall also call for a utility mark-out
prior to undertaking any excavating activity and supply the Dig Number
to the Borough.
At the time of submission of the permit application, there shall be a nonrefundable inspection fee of $500 for each opening permit (includes up to two inspections of a maximum duration of one hour each). Inspection fees are as follows: $150 per hour or such higher amount as may be set forth in Chapter 206, which shall be deposited with the Borough of River Edge to defray the cost of inspections.
A performance bond will be released when final pavement restoration
is approved by Director of Public Works, Borough Engineer or their
designee. 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. As such, the Borough shall retain as a cash
retainage 50% of the cash repair deposit and/or performance guarantee
during the two-year period. If an inspection reveals that the restored
excavation area becomes unacceptable, the Director of Public Works,
Borough Engineer or their 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 a
trench within this time limit, the Borough will utilize the permittee's
cash retainage and maintenance bond to pay for the cost of the repairs.
Upon termination of the two-year maintenance period, any remaining
portions of said maintenance bond that has not been expended shall
be returned to the permittee without interest.
A.
Notice of improvements: Before any street is improved or paved, the Borough shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. Such notice shall state that all connections and repairs to utilities in the street and all other work which requires excavation of the street, including the installation of sewer laterals and other utility connections from sewer, gas or water mains to the curb line of unimproved lots, shall be completed within 30 days of the receipt of notice. The time for the completion of work may be extended, in writing, by the Director of Public Works, Borough Engineer or their designee upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in this article, except that there will be no requirement of posting a performance guarantee for the street restoration. In the event an excavation must be made, the requirement for restoration of the surface, § 362-17, shall control with the addition of a curb-to-curb restoration and an extension of 10 feet past the excavation in each direction of the opening.
B.
Restrictions on excavation.
(1)
For a period of three years following the completion of the
street improvements causing notice to be issued pursuant to this article,
no person to whom such notice was given shall be issued a permit to
excavate the newly improved street unless its issuance is approved
by the Borough Engineer.
For a violation of any provision of this article, the maximum
penalty, upon conviction thereof, shall be a fine not exceeding $1,000,
or imprisonment for up to 90 days, or a period of community service
not exceeding 90 days, or any combination thereof.
