[Adopted 1-7-1997 as § 18-1 of the 1996 Revised General Ordinances, as amended through Ord. No. 2001-9]
[Amended 10-10-2017 by Ord. No. 2017-23; 10-21-2025 by Ord. No. 2025-18]
As used in this article, the following terms shall have the meaning as indicated:
APPLICANT
A person who applies for a permit.
CONSTRUCTION CODE OFFICIAL
The Construction Code Official for the City of Union City.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons and properties.
ENGINEER
The Engineer appointed by the City of Union City, or his/her duly accredited representative acting within the powers assigned to him/her.
PERMITTEE
A person who has been issued a permit or the person(s) on behalf of whom a permit has been issued. A "permittee" shall include the owner of a private property who has been determined to be the cause of damage requiring any repairs to a road, street, or sidewalk less than 10 years.
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the City as a public street, as well as any state or county road or highway over which the City has acquired jurisdiction by agreement.
[Amended 10-10-2017 by Ord. No. 2017-23; 10-21-2025 by Ord. No. 2025-18]
A. 
Permit required. No person shall make an excavation in, tunnel under, or conduct any attempt at roadway or sidewalk restoration or repair without the issuance of a permit.
B. 
Term. Such permit shall remain in effect for 30 days, provided that such time may be extended upon application made to the appropriate City official within the 30-day period for an additional 30 days, upon good cause being demonstrated for the noncompletion of the work within the initial period.
C. 
Case of emergency.
(1) 
In the event of an emergency, work may commence immediately, provided that:
(a) 
An application has been filed with the Building Department with an estimate of fees required and with an estimated performance guarantee.
(b) 
The procedure in Subsection C(1) above may be implemented the next business day succeeding the commencement of the work, in the event the emergency takes place after the close of the business day, provided that a call is made to the Police Department citing the information required in § 366-13A(1) through (7) and (9).
(c) 
The permit, when issued, shall be retroactive to the date on which the work was begun.
(2) 
The Director of Public Safety is to turn over to the Commissioner of Revenue and Finance immediately all fees received by him/her pursuant to this article.
(3) 
If a contractor, on behalf of the City of Union City, performs an emergency street and/or sidewalk excavation or opening to make emergency repairs to a sewer and/or water line, the contractor shall obtain the required street and/or sidewalk excavation permit on behalf of the owner of the property that required the emergency repairs, after the emergency repairs are completed.
(4) 
If a property owner is determined to be responsible for payment of emergency repair costs to a private lateral sewer and/or water line, the owner of the subject property requiring the emergency repairs, shall also be responsible for payment of the escrow deposit (i.e., the "repavement fee") to be utilized by the City of Union City to mill, repave, and restore the roadway (from curb-to-curb, cross-street to cross-street). The property owner shall be subject to all requirements and for payment of all costs as set forth within this chapter.
D. 
Failure to abate, repair, and/or restore in a reasonable period of time.
(1) 
If a private property owner is determined to be responsible for damage to a roadway or sidewalk within the municipality; and the owner received a notice from the City to abate, repair, or restore the roadway or sidewalk; and the private property owner fails to do so within a reasonable period of time, then the City, on behalf of the property owner, may obtain a permit, as set forth by § 366-11 and § 366-12 of this chapter, in order to repair or restore the roadway or sidewalk; and following the completion of the repair or restoration by the City, then the City is entitled to recover the full cost of work done by the City in the event the roadway or sidewalk at issue has been repaved within the last 10 years as set forth by § 366-21 of this chapter.
[Amended 10-10-2017 by Ord. No. 2017-23]
A. 
All applications for street opening permits shall be filed with the appropriate City official on forms provided by such office and shall provide the following information, as applicable:
(1) 
Name, address and telephone number of the applicant.
(2) 
Names, addresses and telephone numbers of parties to be reached in the event of an emergency.
(3) 
Street address of premises adjacent to proposed opening.
(4) 
The Tax Map lot and block numbers of properties abutting and adjacent to the portion of the street to be opened.
(5) 
Name, address and telephone number of property owner for whose benefit opening is to be performed.
(6) 
Character and purpose of the proposed work.
(7) 
Estimated time when work is to be commenced and completed.
(8) 
Plans and specifications or other drawings on permit, showing the exact location and dimensions of all openings.
(9) 
Name, address and telephone number of the person who is to perform the work.
(10) 
An acknowledgment that the applicant agrees to replace, at his/her own cost and expense, the pavement, curb, gutter, lawn, sidewalk and all other disturbed areas in accordance with current City standards within 30 days of any particular street opening with the following exceptions:
(a) 
Within 24 hours of such opening the area shall be restored by complete backfilling with a dense graded aggregate in accordance with the New Jersey Department of Transportation specifications for the full depth of the trench, excepting the uppermost portion, which shall be restored by base course Mix I-2 and two inches of bituminous concrete surface course Mix I-5. The surface course shall consist of five inches of stabilized base.
(b) 
The surface course may be delayed with consent of the Building Department or City Engineer until a reasonable time to allow for trench settlement.
(c) 
The placement of the surface course may be delayed in the event of the winter season to a date not beyond April 15.
(d) 
Certain underground conduits, pipes, etc., which may require a sand cushion adjacent to the structure for protective reasons, will be permitted if indicated in the application and with approval of the Department of Public Works or City Engineer.
(e) 
Edges of all excavation shall be cut in a straight line with a saw or an approved pavement cutter.
(11) 
The nature, location and purpose of the work.
(12) 
A statement that the permittee will comply with the ordinance, regulations and laws relating to the proposed work.
(13) 
Any other data reasonably required by the Construction Code Department and/or Engineer.
B. 
A permit shall be required for each and every road excavation unless otherwise agreed upon. A written record of any exception shall be made and held by the Construction Code Official and Engineer.
C. 
A permit shall not be transferred except upon prior written consent of the Construction Code Official.
D. 
Each permittee shall call 1-800-272-1000 to obtain a utility mark out at least 48 hours prior to commencement of excavation of any street and certify that (s)he has followed the mark-out procedure for determining the location of utilities and obstructions within the area of the proposed work, and submit a mark-out reference number, as provided by the Garden State Underground Plant Location Service.
E. 
Commencement of work. Work for which a permit has been issued shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
[Amended 10-10-2017 by Ord. No. 2017-23]
A. 
Each permittee shall keep each respective opening properly guarded with lights, devices and manpower as may be required. Barricades, signs and traffic control shall be in accordance with the Manual of Uniformed Traffic Control Devices. Work shall be performed in a manner and by a schedule so as to affect the least traffic interference. No road shall be closed to traffic unless permission is granted through the office of the Chief of Police; provided, further, that no road shall be so closed on a daily basis for more than one day without the grant of permission from the Director of Public Safety, or his/her designee. In the event the Police Chief, or his/her designee, deems it necessary, an off-duty City police officer shall be employed by the applicant to direct traffic. The permittee shall be responsible for any and all costs associated with the employment of such off-duty City police officer for the time required to appropriately carry out their duties in connection with the permit.
B. 
The permittee shall hold harmless the City, its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee, or the agents of the permittee, in connection with the performance of work covered by the permit. In the event the work has not been completed on or before the expiration date of the permit and the permittee has not requested an extension of time, the Building Department, if it deems it advisable, may take steps to backfill the trench and replace a permanent pavement over the opening for which the permit was issued and charge or deduct same against the bond required in § 366-17. If any extension of time beyond the date is required for the completion of the work, a new application must be filed if the City Engineer or Building Department so requires (§ 366-12B).
C. 
Except in the case of an emergency or in the case of special construction requirements, all road openings shall be closed within 24 hours by the permittee, or its delegated agent, and thereafter maintained in a safe condition for vehicular traffic until the permanent surface has been restored. In the case of an emergency, a substituted closing may be constructed as directed by the Building Department.
D. 
Any work for which a permit is issued shall be conducted so as not to interfere with any water main or sewer, or any connection from a water main or sewer to any building, unless prior permission for interference has been obtained from the subcode official of the Building Department or the City Engineer. All rock within five feet of any water main, sewer or other pipe which may become damaged shall be removed without blasting. No excavation which may damage trees or shrubbery shall be made without the prior permission of the Building Department or the City Engineer.
E. 
When closing the street, each permittee shall completely backfill the trench with material which is to be placed in layers not exceeding 12 inches in thickness, moistened as required, and each layer tamped until thoroughly compacted.
F. 
In the restoration of original pavement in an excavation, the following rules shall govern:
(1) 
The foundation shall be restored to a width of 12 inches wider than the width of the trench, except where deemed unnecessary in the reasonably exercised judgment of the appropriate City official.
(2) 
The surface pavement shall extend 12 inches wider than the width of the foundation and six inches longer than the length of the foundation.
(3) 
The permittee must install the restored foundation as well as the restored surface of all openings.
G. 
In cases where it is necessary to resort to tunneling operations to reach the point of connection with any main line, the backfill in the tunnel shall be of rammed cement concrete composed of a mixture of one part of cement and six parts of coarse aggregate material.
H. 
The Building Department or the City Engineer may impose special conditions in any case.
I. 
Under extraordinary conditions not covered by this section, the City Engineer shall receive a copy of the plan of the permittee and, after evaluation, set a fee commensurate with the circumstances in the exercise of his/her reasonable judgment.
J. 
The City Engineer may make any reasonable rules and regulations which (s)he considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provisions of this article or impose any requirement which is in addition to those expressly imposed by this article. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[Amended 5-7-2024 by Ord. No. 2024-8]
A. 
Utility companies, including those engaged in the installation of gas, water and electric lines, shall report to the Department of Public Works and the City Engineer, yearly, their intentions with regard to prospective work requiring future street openings in the community for the purpose of coordinating such activity with pavement projects anticipated by the City.
B. 
Except in the case of an emergency, the City shall have the right to schedule street openings with utility companies in a manner which will create the least disturbance to pavement courses, in furtherance of which purpose the Department of Public Works shall provide to the utilities a schedule of expected street construction and resurfacing.
C. 
Prior to the commencement of any street or sidewalk openings, utility companies must obtain a permit from the Building Department and provide an estimated date of completion for milling and paving of the street and/or restoration of the sidewalk.
D. 
Road and sidewalk excavation moratorium. There shall be no roadway or sidewalk excavation work performed by a utility company between November 1 and March 1 each year.
(1) 
Any street and/or sidewalk excavation or opening project by a public utility company (emergency or nonemergency) commencing between March 1 and November 1 (i.e., outside of the moratorium each year) must be completely restored within 30 days of the completion of work. This shall include the completion of any milling, repaving, and complete restoration of the roadway and/or sidewalk.
(2) 
Any street and/or sidewalk excavation project by a public utility company commencing between November 1 and March 1 (during the moratorium period) must have final restorations complete by no later than May 15.
E. 
Roadway restoration and repaving shall be completed by a public utility company as set forth within this chapter unless otherwise directed by the City Engineer or the Union City Construction Code Official due to proximity of the subject excavation project to a public school wherein repaving can be delayed until school is out-of-session during the summer break.
F. 
Any milling, paving, and/or roadway restoration work performed pursuant to § 366-15 shall be performed as directed by the City Engineer. The City Engineer shall be authorized to compel or delay the deadlines for completion of any milling, paving, or roadway restoration work by a public utility company as set forth in Chapter 366.
[Amended 10-10-2017 by Ord. No. 2017-23]
A. 
Each applicant for a permit, before its issuance, shall pay to the Building Department a fee as set forth in Chapter 155, Fees, per opening.
B. 
The permittee shall deposit with the Building Department such fees as are reasonably anticipated to be required to reimburse the City for the cost of plan review and inspections, as may be required by the Building Department and/or the City Engineer. In the event the project extends beyond the anticipated completion time, the City Engineer may deem that additional fees be deposited to cover City expenses.
C. 
If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the City an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the City may institute an action to recover the same in any court of competent jurisdiction. Until the deficiency is paid in full, no additional permits shall be issued to the permittee.
[Amended 10-10-2017 by Ord. No. 2017-23]
A. 
All permittees, including, but not limited to contractors or contractors of state or federal agencies, shall deposit a guarantee with the Treasurer of the City in the form of a bond, certified check or bank draft acceptable to the City. The deposits required herein shall be held in a separate account by the City and will carry no interest to the permittee. One year after final restoration of the work pending the approval of the Construction Code Official, the guarantee shall be returned to the permittee. However, should the Construction Code Official, upon final inspection, determine that the construction under this permit was unsatisfactory and/or otherwise in violation of the approved plans or conditions attached to the permit and should the permittee, upon receipt of written notice of deficiencies fail to remedy the same in 30 days, then the Construction Code Official shall initiate the process to deduct from the permittee's guarantee all expenses incurred by the City in performing the necessary repairs to remediate the same in the same manner as set forth in § 366-16C.
B. 
The Construction Code Official shall have the right to perform borings in the pavement, cut cores in the pavement or to perform other investigations as deemed necessary to confirm that the provisions of the road opening permit have been satisfied. The cost of such investigations shall be billed to the permittee.
C. 
The Construction Code Official may require an extended maintenance period in excess of one year and an additional maintenance guarantee depending upon the nature of the work involved. This additional obligation will be released upon completion of the work and acceptance of the work by the Construction Code Official.
D. 
When a maintenance bond is posted, it shall be executed by the permittee as the principle and surety company licensed to do business in the State of New Jersey as surety.
E. 
The release of the guarantee shall be also conditioned upon the permittee restoring the surface and any damage to the streets abutting the work site and those streets which had sustained damage through the use of construction equipment and vehicles.
F. 
For utility main construction, other or additional conditions may be prescribed by the City. Plans for such projects must have the approval of the Construction Code Official before a permit may be issued.
G. 
Each applicant, before the receipt of a permit, shall provide the City with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether the performance is by the applicant, his subcontractor or anyone directly or indirectly employed by him and naming the City as one of the insured. The insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the City in accordance with the nature of the risk involved, provided, that the liability insurance for bodily injury in effect shall not be in an amount less than $1,000,000 for each person and for each accident and for property damages in an amount not less than $1,000,000 with an aggregate of $2,000,000 for all accidents. Public utilities and authorities may be relieved of the obligation of submitting such a certificate if they are insured in accordance with the requirements of these regulations.
(1) 
In lieu of filing a certificate of insurance, a public utility or authority may file with the City a copy of a self-insurer certificate issued by the Security-Responsibility Bureau of the Department of Law and Public Safety, Division of Motor Vehicles of the State of New Jersey, pursuant to N.J.S.A. 39:6-52.
[Amended 10-10-2017 by Ord. No. 2017-23]
Whenever, in the opinion of the Commissioner of Public Works, Engineer or Construction Code Official, the nature of any street improvement through which an excavation has been made is such that it will be for the best interest of the City that the replacement holding the permit for the excavation to temporarily fill in and close the same, bringing the filling to grade with such tops as the Commissioner shall seem proper to make the same safe and fit for public travel. In that event, any moneys deposited upon application for the permit shall be held to meet the expense of such repavements and the holder of the permit shall be entitled to receive only the balance of the moneys so deposited after deducting the cost of repaving. Money deposited and withheld, however, must be accounted for to the holder of the permit within one year from the date of deposit.
Should the pavement not be replaced within 30 days in the manner and condition to correspond with the remainder of the pavement on the highway, the person holding the permit shall be in violation of this article. In that event the City, under the direction of the Department of Public Works, may repair that portions of the street, all expenses shall be deducted from the permit fee on deposit with the Commissioner of Revenue and Finance. Should there be a deficit after making this deduction, the City may institute suit of recovery against the permit holder in a court of proper jurisdiction.
[Amended 10-10-2017 by Ord. No. 2017-23]
Any person who shall violate, permit, allow or suffer to be violated any provision of this article shall be subject to a fine of not more than $200 for each violation, and the imposition of the payment of the required fees, as provided for in Chapter 155, Fees. For the purpose of this article, each day that a violation remains in effect may be considered a separate violation.
A. 
Revocation of permits. Any permit may be revoked by the Engineer after notice to the permittee, for:
(1) 
Violations of any condition of the permit or of any provisions of these regulations.
(2) 
Violations of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of two days from the date of notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before the permit is revoked.
(4) 
Written notice of any violation or condition shall be served upon the permittee or the permittee's agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
(5) 
When any permit has been revoked and the work authorized by permit has not been completed, the Engineer shall do any work which may be necessary to restore the street or part therof to as good a condition as before the opening was made. All expenses incurred by the City shall be recovered from the deposit or bond the permittee has made or filed with the City.
[Amended 10-6-2015; 9-4-2018; 10-21-2025 by Ord. No. 2025-18]
A. 
Once a year, the Construction Code Official shall notify public utility providers and municipalities of planned work on City roads, streets and sidewalks. Any work to be done on these roads, streets and sidewalks will have to be done before paving is started. Such notice shall state that no road, street or sidewalk opening permit shall be issued for openings, cuts or excavations in such City road, street or sidewalk for a period of 10 years after the date of paving. The notice shall also notify such permittee that applications for road, street and sidewalk opening permits, for work to be done prior to such paving shall be submitted promptly in order that the work covered by the permit may be completed before paving.
B. 
During such 10-year period, no permit shall be issued to open, cut, excavate, modify, fill, or repair such City road, street or sidewalk unless, in the judgment of the Construction Code Official, an emergency or other condition exists which makes it absolutely essential that the permit involving a road, street, or sidewalk repair be issued.
C. 
Upon application for a permit involving street, road and/or sidewalks that have been repaved or otherwise restored in the preceding 10 years, the City Engineer, in conjunction with the City's Construction Official, shall determine the cost to repave, or otherwise restore, the sidewalk, road or street (from curb-to-curb, cross-street to cross-street and including restoration of signage, pavement marking and all other appurtenances) where the street opening will occur ("repavement fee"). The City Engineer will convey the amount of the repavement fee to the applicant and prior to issuance of the permit, the applicant will provide payment by cash, certified check or bank draft to the City Treasurer in that complete amount. The repavement fee will be deposited in an escrow account.
D. 
In the event of an emergency pursuant to § 366-12, an initial estimated repavement fee of $30,000 will be assessed. This initial estimated fee may increase - or decrease - upon final assessment of the application. If the repavement fee is assessed in an amount above the estimate, applicant will be required to immediately pay the difference. All payments shall be by cash, certified check or bank draft to the City Treasurer in that complete amount. In the event the repavement fee is calculated at an amount less than $30,000, the difference shall be returned to the applicant.
(1) 
If it is determined that a private property owner (or the owner's "agent") is responsible for damage to a City-owned road, street, and/or sidewalk that is less than 10 years old, the private property owner shall be responsible for payment of all emergency repair costs and for payment of the escrow deposit for the road, street, and/or sidewalk excavation permit required after the emergency repairs have been completed.
E. 
In lieu of the permittee restoring or repaving the road, street and/or sidewalk, the City will ensure same is accomplished by hiring a contractor to perform the work in compliance with the requirements of the Local Public Contracts Law. In the event the repavement fee is calculated at an amount that is more than the cost to the City to have performed the resurfacing or repavement, the difference shall be returned to the applicant.
[Amended 10-10-2017 by Ord. No. 2017-23]
A. 
Roadway restoration requirements for all excavation work involving roads of the City shall require the following: a six-inch thick dense grated aggregate subbase, base coat of stabilized eight-inch thick Mix 1-2 and two-inch surface course of bituminous concrete Mix I-5.
B. 
All driveways and/or sidewalks at any intersection impacted by work done under a road opening permit must be restored with six-inch-thick Class B concrete with wire mesh reinforcement. All regular sidewalks, when being restored or replaced as part of a road opening permit, must have four-inch-thick Class B concrete. The acceptance of all work done under the aforesaid specifications shall be under the jurisdiction of the Construction Code Official.
[Amended 9-4-2018]
C. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
D. 
No more than 250 feet, measured longitudinally, shall be opened in any street at any one time. In the event that an opening longer than 250 feet is required, application for same must be submitted to and approved by the Construction Code Official.
E. 
All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and permit their relocation, if necessary.
F. 
Pipe drains, pipe culverts, or other facilities encountered shall be protected by the permittee.
G. 
Any facilities or utilities damaged by the permittee must be repaired by the permittee under the supervision of the interested person or make payment to that person to cover repairs made by the utility company or interested person.
H. 
Monuments of concrete, iron or other lasting materials set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Engineer. Permission shall be granted upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
I. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Engineer.
J. 
When any earth, gravel or other excavated material is caused to roll, flow, or wash upon any street, the permittee shall cause the same to be removed from the street within eight hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Engineer shall cause the removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
K. 
Every permittee shall place around the project any barriers, barricades, lights, warning flags and danger signs which shall be determined by the Engineer or police authorities for the protection of the public. Additional safety requirements may be prescribed by the Engineer or police authorities and, where applicable, shall be in conformance with the requirements set forth in the United States Department of Army Corps of Engineers, publication: Safety Requirements (1941 edition, revised 1951).
L. 
Whenever any person fails to provide or maintain the safety devices required by the Engineer or Construction Code Official, such devices shall be installed and maintained by the City. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit.
M. 
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of these regulations.
N. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provisions of such access. Free access must be provided at all times to fire hydrants.
O. 
Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Engineer or Construction Code Official may require the permittee to provide toe boards, or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway of at least 1/2 the sidewalk width open along such sidewalk line.
P. 
Work authorized by a permit shall be performed between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, unless the permittee obtains written consent from the Engineer or Construction Code Official to do the work at an earlier or later hour. Permission shall be granted only in case of an emergency.
Q. 
In granting any permit, the Engineer or Construction Code Official may attach other conditions which may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. These conditions may include but shall not be limited to:
(1) 
Limitations on the period of the year in which the work may be performed;
(2) 
Restrictions as to the size and type of equipment;
(3) 
Designation of routes upon which materials may be transported;
(4) 
The place and manner of disposal of excavated materials;
(5) 
Requirements as to the laying of dust, the cleaning of streets, the prevention of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof;
(6) 
Regulations as to the use of streets in the course of the work.
R. 
Backfilling and restoring opening.
(1) 
All pavement cuts, openings, and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to regulations as set forth in § 366-22S(2).
(2) 
The Engineer must be notified by the permittee during the twenty-four-hour period preceding the beginning of backfilling, of the date and approximate time at which backfilling shall begin.
(3) 
No backfilling shall be accomplished unless or until the Engineer or a designated City inspector is present. Backfilling methods shall conform to restrictions as set forth in § 366-22S(2)(i).
(4) 
The work of the restoration, including both paving surface and paving base may be performed by the permittee according to specifications as set forth in § 366-22S(2).
(5) 
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
(6) 
The Engineer shall make daily inspection of all work authorized by a permit. The Engineer is empowered to provide a full-time inspector if the work to be performed is of a nature that a full-time inspector is necessary to ensure compliance with the provisions of these regulations. The cost of the inspector shall be borne by the permittee.
(7) 
If any settlement in a restored area occurs within a period of two years from date of completion of the permanent restoration, any expense incurred by the City in correcting the settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Engineer that the settlement was not due to defective backfilling.
(8) 
In no case shall any opening made by a permittee be considered in the charge or care of the City or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any opening, except in the exercise of the police power, when it is necessary to protect life and property.
(9) 
Excavation along or across county and state highways shall be in accordance with the regulations of those respective agencies.
S. 
Improvement and acceptance of streets for public use.
(1) 
No street, avenue, or road in the City shall hereafter be accepted as a public street or road unless and until the same shall have been improved in accordance with the minimum requirements contained in this section consisting of the excavation and grading of the street for its entire width, the laying of water mains with appurtenances and connections to the curbline to serve all lots, the construction of storm drains, catch basins, and appurtenances, the construction of curbs on both sides of any street, the paving of the roadway from curb to curb, the construction of sidewalks, the construction and installation of sanitary sewers, placing of monuments, erecting street signs, planting of shade trees, and City inspection.
(2) 
Excavation and grading of streets. Each street shall be graded to its full width but not less than 50 feet according to the following specifications:
(a) 
Excavation. Excavation shall not be carried below grade, and backfill used to bring foundations of slabs, footing, pipelines or pavements to proper grade shall be of concrete or other approved materials placed in such manner as approved by the Engineer.
(b) 
Fill material placing. Fill shall be spread in six-inch layers using bulldozers, pans or road graders, and compacted by the rolling or vibrating method of compaction by one of the following alternate types of equipment:
[1] 
Smooth-faced power rollers, either solid surface or pad-type, weighing not less than 10 tons and having a load of not less than 330 pounds per inch of width of roller surface.
[2] 
Pneumatic tire wabble-wheel rollers having a load of not less than 225 pounds per inch of width of tire surface.
[3] 
Tamping type or sheepsfoot roller having projecting studs of not less than 6 1/2 inches and developing a load of not less than 200 pounds per square inch of bearing surface. Each layer shall be thoroughly compacted to the satisfaction of the Engineer before proceeding with the next layer.
(c) 
Rock excavation. Blasting operation shall be conducted in strict accordance with all existing ordinances. In all cases of blasting, the prepared blast shall be covered with blasting mats, logs with proper chains or cables or both as may be necessary. No blasting shall be done within five feet of any gas or water main. Very light charges of explosives shall be used in the vicinity of sewers or other subsurface structures. All exposed structures shall be carefully protected from the effects of the blast.
(d) 
Excavation lines for rock excavations; trenches. Depth shall be from the original surface of the rock to a point six inches below the outside bottom of the barrel of the pipe, excluding bells. Depth will also be measured from the original surface of the rock to the outside bottom of all drains, conduits, or to the neat line of the bottom of all excavation for all broken stone, concrete or other foundation material ordered placed; width shall be vertical planes separated by a distance equal to the inside diameter of the pipe plus two feet; widths for underdrains shall be two feet, six inches.
(e) 
Roadway excavation. Rock and boulders shall be excavated to a depth of not less than one foot below roadway subgrade between outside edges of shoulders or curbs, and the space left thereby shall be refilled to subgrade level with material and in a manner satisfactory to the Engineer. Rock slopes shall be finished to a fairly uniform surface, and pieces of rock which have been loosened or may become loose, in the opinion of the Engineer, within the right-of-way lines, shall be removed. Earthslopes, shoulders and other formed surfaces shall have a neat finish. Roadway excavation shall be carried out so that the subgrade is kept well drained at all times.
(f) 
Channel excavation. The excavation shall be neatly finished as directed or approved by the Engineer. Suitable excavated materials shall be used for embankments. Flow of water from adjacent land into the channel or ditch shall not be obstructed.
(g) 
Trench excavation.
[1] 
Trenches for pipe shall not, unless specifically authorized by the Engineer, be opened for a distance of more than 100 feet in advance of the laying of the pipe and shall be opened in accordance with the lines and grades given for the work by the Engineer. Trench widths greater than the outside diameter of the barrel of the pipe plus 16 inches shall not be permitted for the lower one-third depth of the trench, unless, in the opinion of the Engineer, details and conditions of construction otherwise require. Trenches shall be properly shored, braced and sheathed as conditions may warrant and as directed by the Engineer. When the material of the bottom of an excavation is, in the opinion of the Engineer, soft or otherwise unsuitable, the material shall be removed to a width and depth as the Engineer may direct. Rock and boulders present in excavations for all pipes shall be removed within six inches of the sides and bottom of the pipe. The space excavated below the grade of the structures shall be refilled with material of approved quality, thoroughly consolidated to provide a firm foundation for the structure, firm and unyielding, at the true grade, and shaped to conform to the shape of the subsurface structure, provided that for vitrified clay and concrete pipe the foundation shall be firm but not rigid and shall provide a uniformly compacted bedding, six inches thick, around the lower half of the pipe.
[2] 
If, in the opinion of the Engineer, a subbase is required, then the subbase will conform to the requirements as set forth in § 366-22S(2)(h). If, in the opinion of the Engineer, an underdrain is required, then the underdrain shall conform to the requirements as set forth in § 366-22U. Pavement cuts in street areas, paved drives or other paced areas will be made with a pavement cutter; maximum width of opening shall be four feet. All trenching within the pavement lines shall be precut prior to the excavation of the trench. After the trench has been thoroughly backfilled, all uneven pavement edges shall be trimmed to form neat and straight edges and shall extend six inches on each side beyond the edges of the trench excavation to provide bearing for patch. The material used to backfill all trenches within the lines of pavement shall be gravel, sand and gravel, one-and-one-half-inch road stone, dust bound one-and-one-half-inch cracked stone or other suitable material approved by the Engineer. The backfill material shall be placed and compacted in six-inch layers. Excavation along or across county and state highways shall be in accordance with the regulations of those respective agencies.
(h) 
Subbase. Unsuitable material for subgrade shall be excavated with the prescribed lines and the excavation shall be refilled with crushed stone, screen gravel or other materials. Subbase shall not be constructed during freezing weather or with frozen material. Subbase of more than eight-inch compacted thickness shall be placed and compacted in two or more courses of equal thickness and compacted as specified herein or by approved vibratory compactors or flat-faced mechanical tampers.
(i) 
Backfill. Backfill shall follow immediately after subsurface structure is in place and approved by the Engineer. Backfill of pipes shall be of selected materials, free of stones and shall be hand placed and thoroughly compacted in such manner as will completely fill the space below and around the pipe, taking care not to displace the pipe or injure the joints. The backfill shall be hand placed to a point two feet above the top of the pipe. All backfill more than two feet above the top of pipes shall be backfilled as follows:
[1] 
In undeveloped areas not subject to vehicular traffic the remaining backfill may be made with the use of approved mechanical backfillers, taking care not to place stones larger than six inches in diameter into the excavation. Sufficient suitable backfill material shall be placed to avoid formation of depressions in the surface.
[2] 
In developed area, streets and thoroughfares, the remaining backfill may be made with approved mechanical backfillers in layers 12 inches thick and thoroughly compacted with approved mechanical or vibratory compactors, or the excavation may be backfilled with sand and gravel and compacted as above provided for. Backfill on state and county roads shall be excavated in full accordance with the specifications of those agencies.
T. 
Water mains. Prior to the improving of the roadway, water mains with appurtenances and connections shall be laid in accordance with the provisions of all existing ordinances relating to the construction and laying of water mains in the City.
U. 
Storm drains. There shall be constructed in each street storm sewers, catch basins and appurtenances in accordance with the following specifications:
(1) 
Materials.
(a) 
Nonreinforced concrete sewer pipe will not be permitted.
(b) 
Reinforced concrete sewer pipe shall conform with the requirements of current A.S.T.M. Specifications Designation C-76 for Class III pipe of 4,500 pounds per square inch concrete.
(c) 
Reinforced concrete pipe may be bell and spigot, or tongue and groove, as directed by the Engineer.
(d) 
Corrugated metal pipe shall conform to the requirements of current Specifications Designation M-36-38 of the AASHO.
(e) 
Concrete blocks for manholes and catch basins shall be solid precast segmented concrete masonry units conforming to the requirements of current A.S.T.M. Specifications Designation C139 for 5,000 pound concrete.
(f) 
Steps shall conform to the current A.S.T.M. Specifications Designation A153 for zinc coating (hot dip) on iron and steel hardware. Approved aluminum steps may be used.
(g) 
Manhole frames and covers shall conform to the requirements of current A.S.T.M. Specifications Designation A48-46 Class 20 for gray iron castings, and shall be Campbell Foundry, pattern No. 1203 or equal.
(h) 
Catch basins shall be of the curb inlet type. The grate shall be of "Streamline" design, Pattern No. 2548, as manufactured by the Campbell Foundry Company of Harrison, or equal.
(i) 
Mortar used in the construction of manholes and catch basins shall be of one part cement and two parts sand, with an approved waterproofing admixture. It shall be mixed with the least amount of water that will produce the desired consistency. Mortar must be mixed in an approved mixer or a suitable box or on an approved platform. No mortar shall be used that has been mixed more than 1/2 hour or that shows evidence of having taken its original set. Tempering of mortar shall not be permitted.
(2) 
Construction of storm sewers. Excavation for storm drains shall conform with the requirements of § 366-22S(2)(g). Pipe shall be laid to the lines and grades as given by the Engineer and in such manner as to prevent sudden offsets of the flow line. Each pipe shall be carefully inspected before being lowered into the trench; pipe found damaged, defective or not meeting the requirements of the specifications shall be rejected. Pipe shall not be dropped from the bank, but shall be lowered into the trench by means of ropes or mechanical equipment. The trench shall be kept clear of water, and if necessary, shored to prevent slides or cave-ins. All pipe shall be laid with bell end upgrade and so adjusted that the spigot end enters to the full depth of the socket. All adjustments to the line and grade of the pipes shall be made by scraping away or filling in the earth under the body of the pipes. The trench bottom shall be carefully graded to provide the maximum bearing area throughout the entire length of the pipe. Care shall be taken not to excavate below grade. Material excavated below grade shall be replaced with broken stone or other material meeting the approval of the Engineer. Backfill shall be in accordance with § 366-22S(2)(i). Existing drains, when directed by the Engineer, shall be taken up without causing damage to the pipes, shall be cleaned, and shall be relaid, extended, or renewed in accordance with these specifications.
(3) 
Storm drain manholes. Manholes shall be constructed of precast concrete block, reinforced concrete or precast reinforced concrete pipe. Concrete for manhole foundations shall be Class B-4000 pound concrete. Concrete blocks shall be clean and laid with flush joints in a full bed of mortar. Blocks shall be laid in courses with broken joints. All joints shall be pointed and left with a clean hard finish. Inverts in manholes shall be formed by using half pipe, or by extending full pipe through limits of manhole chipping off the upper 1/3 portion of the pipe after the concrete base has set. Angle and "t" intersection inverts shall be formed by using appropriate channels. Manholes shall be plastered on the exterior with three-quarter-inch coat of Portland cement plaster to which a sufficient amount of liquid waterproofing compound has been added. The mortar coat shall be thoroughly cured and hardened before backfill is placed. All manholes shall be neatly struck and shall give a workmanlike appearance. Manholes of precast reinforced concrete pipe shall conform to the requirements of current A.S.T.M. Specifications Designation C478 and as approved by the Engineer. No chimneys will be permitted in manholes. Where manholes are to be raised, batter courses must be broken back and rebuilt to proper grade. Shallow manholes shall be constructed of reinforced concrete or as approved by the Engineer.
(4) 
Catch basins. Catch basins shall be constructed at the required locations, to the prescribed lines, grades, and dimensions as directed by the Engineer. Foundations shall be constructed of Class C concrete. Precast concrete catch basin blocks shall conform to § 366-22U(1).
(5) 
Underdrains. Underdrains shall be of the type and size specified and shall be constructed to the prescribed lines and grades at the locations ordered by the Engineer.
(a) 
Materials. Pipe shall be of the type and size specified and shall conform to the current A.S.T.M. specifications for same. Salt hay shall be of good quality, satisfactory to the Engineer. Stone and gravel shall be of the size specified, washed and clean.
(b) 
Construction. Excavation, laying of pipe and backfill shall conform to the requirements of § 366-22S(1). Underdrain type "F" shall be of the type and size prescribed, laid with open joints in a trench and backfilled with stone or gravel to within six inches of the finished grade. The stone shall be covered with a layer of salt hay, prior to placing final cover to grade. Underdrain type "S" shall be stone or gravel of the size prescribed, placed in a trench of the size and depth prescribed. Backfill shall be as provided in § 366-22S(2)(i). Underdrain for subsurface structures shall be pipe of the type and size specified laid with open joints on a foundation of six inches of stone. The pipe shall then be covered completely with six inches of stone, taking care not to disturb the pipe during placing of stone. Underdrains shall be laid so that the top of the barrel of the pipe is at least six inches below the outside barrel of the main sewer or substructure.
(6) 
Combination storm drain. Unless otherwise specified by the Engineer, combination storm drain shall be reinforced concrete pipe and shall be laid with open joints and stone fill. The pipe shall be encircled with a minimum of six inches of three-fourth-inch stone and carried up to subgrade. Trench depth to be fixed by the Engineer. Under certain conditions it may be found necessary to seal the upper half of the joint. When this condition arises, the lower half of the joint shall be left open, and the upper half of the joint sealed with cement mortar on the outside, in accordance with § 366-22U(1). Storm drain under curb shall be reinforced concrete pipe installed directly beneath the curb, with a minimum cushion of six inches and maximum of 10 inches, between the bottom of the concrete base of the curb and the top of the pipe.
V. 
Curbs. Curbs shall be constructed of either concrete or granite block in accordance with the following specifications:
(1) 
Granite block curbs shall be of uniform quality, structure, and texture, and free from seams; the blocks shall be dressed so that all faces are approximately rectangular. Edges shall be straight and even. The dimensions of the blocks shall be as follows:
Not less than
Not more than
Length
10 inches
16 inches
Width
5 inches
7 inches
Depth
4 inches
6 inches
(2) 
Excavation shall conform to the requirements of § 366-22S(2). Blocks shall be clean and sound, with all edges parallel with and right angles to each other. Mortar shall conform to § 366-22U(1). Granite block curbs shall be constructed by setting the blocks in Class C 3,000 pound concrete. Concrete shall be placed in forms set to proper line and grade. The blocks shall be set with the greatest dimensions vertical, and the least dimensions perpendicular to the line of the curb. When the blocks are in final position the concrete shall be not less than six inches in depth under the blocks for a width of not less than 12 inches, and shall extend to within four inches of the top of the blocks at which point the concrete shall be at least four inches in width. The blocks shall be set with open joints 1/2 to 3/4 inch. Expansion joints shall be provided at intervals of 50 feet. The blocks shall be set with a batter of at least one inch away from the face of the curbline. After all forms and supports have been removed from the blocks and before backfill is made, the vertical joints between the blocks shall be filled with 1.2 cement mortar. All joints are to be raked and pointed to a half round nose in such a manner as to give a clean, sharp, finished appearance.
The blocks are to be cleaned of all excess mortar so that the natural grain and color of the stone are restored. Drainage openings, as directed by the Engineer, shall be provided through the curb. Concrete shall not be placed while the temperature is at or below 35° F. and no concrete shall be placed upon a subbase that is frozen or otherwise unsatisfactory to the Engineer. At driveway entrances, the top of the curb shall be lowered to a point of 1 1/2 inches above the grade of the gutter.
(3) 
Concrete curbs shall be constructed monolithically of 4,000 pound concrete. Except where otherwise specifically provided, concrete curbs shall be seven inches at the top, nine inches at the bottom, and 20 inches in depth, with sloping side as curb face. Forms for concrete curbs shall be metal, unless otherwise approved by the Engineer. The concrete shall be tamped and spaded or vibrated so that forms are completely filled, the concrete thoroughly compacted and mortar flushed to the face and top. Before initial set, the top and, as soon as the forms can be removed, the face shall be finished with a wood float to an even, smooth and dense surface. Curbs shall be constructed in ten-foot sections with a clear space of 1/4 inch between adjacent sections. A pre-moulded joint filled shall be formed at intervals of 50 feet.
W. 
Pavement. The roadway shall be paved for a minimum width of 30 feet and shall conform to the following specifications:
(1) 
Materials.
(a) 
Stone shall be trap rock of the sizes specified conforming to the requirements of the New Jersey State Highway Department.
(b) 
Bituminous binder, hot application shall be asphalt cement penetration grade 85-100 or 100-120 to tar grade RT-11 or RT-12 conforming to the current requirements of the New Jersey State Highway Department specifications.
(c) 
Hot mixed bituminous concrete shall be FABC conforming to the specifications of the New Jersey State Highway Department for one or two course construction, as may be directed.
(2) 
Construction.
(a) 
Excavation shall be "roadway excavation" as provided for in § 366-22S(2). The full width of the right-of-way shall be graded, banks shall be sloped away from the right-of-way line in such manner as to produce a slope not in excess of two to one.
(b) 
Subgrade construction shall be done after all underlying drains and other subsurface structures have been placed and their trenches properly backfilled and consolidated. The subgrade shall not be prepared during freezing weather, or when it is unsuitable because of excessive moisture. The subgrade shall be formed to the required lines, grades and cross-sections. The subgrade shall be shaped and consolidated by rolling with a three-wheel power roller, weighing not less than 300 pounds per lineal inch of tread of the rear wheels, until it presents a firm and unyielding surface. Unstable places shall be excavated and refilled with suitable material and consolidated. The finished subgrade shall be at the proper grade and contour, smooth and properly drained, and shall be so maintained until the pavement or pavement foundation is placed thereon. Pavement mixtures shall not be deposited upon the subgrade until it is in a properly finished condition, and not wet or frozen.
(c) 
Macadam base course shall be constructed of two-and-one-half-inch-size stone spread over the prepared subgrade so that when consolidated as hereinafter specified there shall be uniform depth of not less than five inches. Compaction by rolling method shall be with three-wheel power rollers of not less than ten-ton weight. Compaction by vibrating method shall be with vibratory compactors capable of operating at the optimum frequency of vibration required for the size of the compactor and the material being used to obtain a 95% compaction rate. Vibratory compaction shall be such that stones are keyed sufficiently to permit rolling with power roller. As the rolling progresses, any irregularities in the surface of the base course shall be corrected by the addition or removal of aggregate where necessary and reshaping and rerolling. After completion of shaping and rolling as above specified, screenings of stone sand shall then be spread over the surface by means of stone spreaders, sufficient in total quantity to completely fill the voids in the stone course. The screenings may be vibrated into the voids of the stone base or swept into voids with street brooms. More binder shall be spread, swept and rolled as many times as may be necessary, care being taken to form no crust. No rolling shall be done when this binder is wet. Binder shall not be dumped or stored on the stone base. The finished base course shall be at the prescribed grade and contour of proper thickness and shall be free from excess binder, ruts and loose stones, and show no evidence of instability.
(d) 
Hot mixed bituminous concrete surface course shall consist of the construction of type FA-BC-1 laid in one course upon a prepared base course. Bituminous concrete plant and equipment, bituminous concrete pavers and bituminous concrete mixtures shall all conform to the current requirements of the New Jersey State Highway Department Specifications. Bituminous concrete mixtures shall not be placed when the atmospheric temperature is below 40° F.; the surface of the base course of existing pavement shall be dry and free from frost. Macadam base course shall be treated with a prime coat of MC-0 or 1, RT-1 or 2, or MS-1 applied at the rate of 0.10 to 0.25 gallon per square yard, not less than 12 hours prior to the placing of the bituminous concrete and shall not be applied when base course is wet or frozen. Contact surfaces of curbing, manholes, catch basins and other structures shall be painted with a thin uniform coating of asphaltic oil grade RC-2 or 3, prior to placing of bituminous concrete mixture against them. Binder course of plant mix bituminous concrete FABC-1 shall then be applied at the rate of 205 pounds per square yard to a compacted thickness of two inches. Wearing surface of plant mix bituminous concrete FABC-1 shall then be applied at the rate of 165 pounds per square yard to a compacted thickness of 1 1/2 inches. Methods of transportation, spreading, finishing and compaction of bituminous concrete mixtures shall conform to the current requirements of the New Jersey State Highway Department specifications.