[Adopted 6-12-2003 by Ord. No. 1277]
The purpose of this article is to establish
regulations and fees for the opening of municipal streets within the
Township of Saddle Brook.
The following terms shall, for the purposes
of this article, have the meanings here indicated.
An opening, tearing up or excavating for any purpose of a
Township road of 100 feet or more of roadway length, or where connecting
lateral openings are made at average intervals of less than 100 feet
along the roadway length, or an opening which disturbs 20% or more
of the curb-to-curb width of the pavement area.
Any person, corporation, public utility or other entity on
whose behalf a street opening is performed by a permittee.
Any person, firm or corporation granted a permit hereunder.
New Jersey Bell Telephone Company or its successor corporation
or corporations, Public Service Electric and Gas Company, Hackensack
Water Company, cable television company or any other entity having
either the power of eminent domain or subject to regulation by the
Public Utilities Commission of the State of New Jersey.
Any opening, tearing up, drilling or excavating, for any
purpose of a Township road, which is not an extensive opening and
generally not larger than 48 inches by 48 inches or 16 square feet
in size.
Any street, road, highway or other public way dedicated to
and accepted by the Township of Saddle Brook and shall include all
of the area thereof lying within the bounds of the curbing or, in
the absence of curbing, the dedicated right-of-way.
Any opening, tearing up or excavating, for any purpose, of
a Township road, street, other public way dedicated to and accepted
by the Township of Saddle Brook, curb or sidewalk.
A.
Permit required.
(1)
No person, persons or corporation, municipal or private,
nor any utility company, public or private, shall for any purpose
open, tear up, excavate, bore, tunnel or drive under or in any way
impair the surface or subsurface within the paved or unpaved limits
of any street in the Township of Saddle Brook without first obtaining
a road opening permit.
(2)
Only such persons, firms or corporations to whom or
to which permits have been granted shall be permitted to perform such
work and then only in the manner herein required and only as specifically
allowed in the permit. Assignment of rights under any permit issued
hereunder is prohibited; the permittee is always responsible for performance
under this article.
B.
Nothing contained in this section shall be construed
as requiring the issuance of a permit for the Township for the construction
of waterlines or street improvements.
C.
Underground utilities, gas lines and pipelines.
(1)
No permit applicant shall begin work until he receives
the authorization number from the Underground Location Service and
the appropriate utility and until he tenders to the Department of
Public Works the utility's confirmation number and proof of receipt.
(2)
The applicant must comply with the requirements of
N.J.S.A. 2C:17-4 and 2C:17-5, which provide, among other things, that
said applicant give to any person or corporation engaged in the distribution
or transmission of manufactured, mixed or natural gas or synthetic
natural gas, liquefied natural gas or propane gas in the area of the
proposed excavation written notice of the proposed excavation and
ascertain from such person or corporation the location of all such
gas lines or pipelines within 200 feet of the proposed excavation.
D.
No street, road or paved area constructed, reconstructed
or repaved within three years of the time that the road is sealed
can be excavated, built or patched except in the case of emergency,
which includes but is not limited to gas leaks.
A.
Form.
(1)
Application for a permit shall be made in writing
on forms to be prescribed by the Township of Saddle Brook and issued
by the Superintendent of Public Works and shall be filed at least
one week prior to the commencement of any work. The application shall
specify the name and address of the applicant; the specific location
of the proposed excavation and the width, length and depth thereof;
the type of road or other surface; and the individuals, firm or corporation
for whose benefit the excavation is to be made, and such other and
further information as the Township may reasonably request in the
application. The application shall be accompanied by a nonrefundable
fee for the issuance of the permit as hereinafter provided, together
with the charges as hereinafter set forth, and any bond that is required
pursuant to this article.
(2)
Information.
(a)
Applications for extensive openings shall require,
in addition to the above, information regarding:
[1]
All improvements.
[2]
Typical details and sections of construction
procedure.
[3]
Plans, profiles and other details necessary
to accurately depict the work.
[4]
Emergency contact phone numbers to insure that
the contractor can be communicated with at any time and respond to
an emergency within two hours of notification.
(b)
Standard details used by public utilities and accepted and approved by the Superintendent of Public Works or the Township Engineer may be used to satisfy the requirements of Subsection A(2)(a)[2] and [3] preceding.
(3)
No work may commence by the permittee until the date
set forth in the issued permit.
B.
Emergency road opening.
(1)
In the event that an emergency condition exists requiring
immediate action by any person, firm or corporation required to obtain
a permit pursuant to this section, the person may immediately cause
the roadway to be entered and emergency measures taken without first
obtaining a permit, provided that:
(a)
A true emergency exists and the person(s) doing
the work notifies the Saddle Brook Police Department prior to start
of work; the Police Department shall log the emergency.
(b)
A permit is applied for within 72 hours of the
road opening or on the next business day, whichever is more practical.
(c)
All work is to be performed in accordance with
the appropriate provisions of the Township Code.
(d)
The Superintendent of Public Works or the Township
Engineer shall be notified within 24 hours of a road opening. If a
road opening commences on a Saturday or Sunday as a result of emergency
road work, the Police Department of the Township of Saddle Brook shall
be notified prior to start of work, and the Superintendent of Public
Works or the Township Engineer shall be notified on the morning of
the first business day thereafter.
(2)
The Township reserves the right to issue a written
stop-work order where the same is deemed appropriate by the Superintendent
of Public Works, Township Engineer or Police Department.
C.
Review of the application of small openings. Prior
to the issuance of a permit, copies of the application therefor shall
be referred to the Superintendent of Public Works or the Township
Engineer who shall, within five working days, note any objections
to the issuance of a permit or any conditions which shall be satisfied
prior to or be imposed as conditions upon the issuance of the permit,
as appropriate.
D.
Applicant. The applicant must be a licensed contractor
or agent of a public utility, whether corporate, individual, or partnership,
who will be actually engaged in the performance of the work to ensure
the safety of the public and that the work is done in accordance with
Township specifications. The application shall be made for and on
the behalf of the owner for whom such work is being done and shall
be countersigned by such owner. Permits will not be issued directly
to private owners or developers without specific written approval
of the Mayor.
E.
Agreement. The owner shall agree, as a condition of
the issuance of a permit, that any facilities, pipes or poles or other
object(s) to be installed within the Township right-of-way pursuant
to the permit shall be promptly relocated at the owner's expense,
except where otherwise provided by law, as required by the Township
of Saddle Brook, to accommodate the installation of Township facilities.
Such agreement shall be in writing and contained on the face of the
application form and permit.
F.
Review of application for small and extensive openings.
All small and extensive openings shall first be reviewed and approved
by the Superintendent of Public Works, and extensive openings shall
subsequently be reviewed and approved by the Township Engineer prior
to the issuance of a permit.
G.
Review of all applications. All applications shall
be reviewed by the Chief of Police, or his designee, in order to determine
whether the proposed activities of the applicant will require that
the site and/or surrounding area require the supervision of police
officers to direct traffic and otherwise insure the safety of the
public and, if so, the number of officers and traffic control vehicles,
if any, which are required. In making these determinations, the Chief
of Police or his designee shall consider the safety of motor vehicle
traffic and the safety of pedestrians in the area as well as having
due regard for maintaining efficient flow of traffic. In the event
that the Chief of Police or his designee determines that one or more
officers and/or one or more traffic control vehicles are necessary
for the proposed project, he shall so note those requirements on the
application and permit. Determinations by the Chief of Police or his
designee shall be final and binding. An applicant who is required
to have the supervision of police officers and/or traffic control
vehicles shall do so by complying with the appropriate provisions
of the Code of the Township of Saddle Brook.
H.
Issuance. Street opening permits shall be issued by
the Department of Public Works once reviewed and approved as provided
for herein; provided, however, that no permit shall be issued until
an application fee and an engineering fee, as described in this article,
have been paid to the Township Clerk.
A.
Generally. The New Jersey State Department of Transportation
1989 Standard Specifications for Road and Bridge Construction, with
all amendments and supplements, shall govern all of the work performed
under a Township of Saddle Brook road opening permit, except as supplemented
below.
(1)
No Township road shall be closed or partially closed
to traffic without prior written consent of the Police Department.
In the event that a road is closed or partially closed, uniformed
police may be required to act as traffic directors in conformity with
the provisions of this article, and the proper traffic control devices
shall be erected and maintained in accordance with standards described
in the Manual on Uniform Traffic Control Devices, 1988 Edition. All
costs of providing uniformed police shall be the responsibility of
the permittee or the owners pursuant to the provisions of the Code
of the Township of Saddle Brook. In the event that a detour is deemed
necessary by the permittee, application shall be made to the Chief
of Police, who shall determine the necessity for such detour and the
route to be followed. In emergency situations, notification by phone
to the Police Department must be made prior to start of work.
(2)
Any work under an issued permit must be commenced
within three months from the date of issue and completed 45 days from
commencement, or said permit shall be deemed void, and reapplication
shall be required. The Superintendent of Public Works or the Township
Engineer may grant a single forty-five-day completion extension past
the original permit expiration date.
(3)
Work commenced under a permit shall be continued expediently
during normal working hours until completed.
(4)
The applicant shall notify the Superintendent of Public
Works or the Township Engineer 24 hours in advance of the actual commencement
of any work on an extensive opening or on the same day for a minor
opening.
B.
Guard. The applicant shall keep the work site properly
guarded both day and night and shall have lights, barriers and adequate
safety devices as described in the Manual of Uniform Traffic Control
Devices placed thereat and maintained throughout the performance of
the work and shall interfere as little as possible with the traffic
along the street or road within the Township, and only that part of
any such street or road as is set forth in the permit shall be opened.
C.
Cover and protection. All utilities shall be constructed
with adequate depth of cover protection for the utilities in the event
that future Township road construction, repair or modification necessitates
excavation, undercutting or installation of facilities in the area
where the utility is located. This location will in no way relieve
the utility owner of the responsibility of relocating said utility
at said utility owner's expense in case of conflict with future construction,
reconstruction or modification of related facilities, except as otherwise
specified herein.
D.
Protection of existing structures. It shall be the
responsibility of the permittee to give other notice of the proposed
street opening to any person, firm or corporation whose pipe, conduits
or other structures are laid in the portion of the street to be opened.
Said notice shall be given to all utilities by calling the Garden
State Underground Plant Location Service, at telephone number 1-800-272-1000,
48 hours before commencement of said opening, or as provided by law,
and the permittee shall restore the same, at his own expense, to the
condition it was in prior to commencement of work.
E.
All excavations shall be completely backfilled at
the end of each working day unless it would constitute a hardship
to the permittee or where the size of the excavation makes it impossible
to backfill at the end of each working day, in which event a waiver
may be granted by the Superintendent of Public Works or Township Engineer.
In the event that a waiver is granted, the contractor or owner shall
cover the excavation with heavy one-inch-thick steel plates secured
to existing pavement to prevent rattles and movement and erect appropriate
barriers and lights around the entire excavation and arrange to provide
appropriate security protection, if such security is necessary, at
his own cost, and such other safeguards as may be needed to protect
the public from an open excavation. If steel plates are placed for
over a weekend or for an extended period, all edges are to be macadam-sealed
and sloped. In no event shall an excavation be left open for more
than 72 hours unless an emergency exists and permission has been secured
from the Chief of Police, Superintendent of Public Works and Township
Engineer or their designated representatives.
F.
Under the direction of the Superintendent of Public
Works or the Township Engineer, upon the completion of the project,
the permittee shall set a six-inch steel pin into the pavement, which
steel pin shall have imprinted thereon the permit number on file with
the Superintendent of Public Works.
A.
The permittee shall be liable for any damage to the
roadway leading to or adjacent to the work site.
B.
The permittee shall, on a continuing basis, maintain
all streets and other property affected by the construction in a clean
condition free from all rubbish, excess earth, rock and other debris.
Upon completion of all work under the permit, the permittee shall
again clean the affected property and remove all debris and unused
material. In the event that the permittee fails to act as provided
herein, the Township, upon 24 hours' notice to the permittee, may
clean and remove all rubbish, excess earth, rock, debris and unused
material and charge the permittee the cost thereof. If the permittee
fails to reimburse the Township for the costs incurred, said costs
shall be deducted from the permittee's deposit held by the Township
Clerk.
A.
The Superintendent of Public Works or Township Engineer
shall periodically inspect all road openings and the repair and resurfacing
thereof for the purpose of determining compliance with the conditions
imposed on the issuance of the permit and the specifications. The
Township may, upon the recommendation of either of them:
(1)
Order a temporary stop to any road paving.
(2)
Order that the applicant perform or correct work in
accordance with the direction of the Township.
(3)
Order a stop to any work and revoke the permit, in
which event the Township of Saddle Brook shall complete the work or
cause it to be completed, and either declare the applicant's deposit
forfeited or notify the applicant's surety of an intent to file claim
on the bond, or both, to the extent necessary to complete the work.
(4)
Authorize the correction of any work after notification
to the permittee and after the neglect or the refusal of the permittee
to make such corrections within 24 hours and, after the completion
of the same, either declare the permittee's deposit forfeited or notify
the permittee's surety of an intent to file a claim on the bond, or
both, to the extent necessary to make the necessary corrections.
(5)
Take any other action deemed reasonable under the
circumstances to protect the Township's interests.
(6)
The Traffic Bureau of the Saddle Brook Police Department
shall have the authority to stop work, including the removal of equipment
and vehicles, stored material within the street right-of-way, backfilling
of open excavations and/or other related work, in order to abate any
nuisance and/or safety hazard or for any violation of this section.
Small road openings may be permanently paved
after a thirty- to sixty-day normal settlement period or as directed
sooner or later than that period by the Township Engineer or Superintendent
of Public Works. No extensive road opening shall be permanently paved
until a final inspection has been made by the Township Engineer or
Superintendent of Public Works and final approval given.
A.
For all openings:
(1)
The existing pavement must be saw-cut or blade-cut
vertically in a straight line to the full depth of the pavement before
excavation begins.
(2)
The material excavated from the trench opening shall
not be replaced as backfill. Unauthorized excavated materials must
normally be removed from the work site within five calendar days after
the day of excavation or within 24 hours at the direction of the Superintendent
of Public Works or Township Engineer.
(3)
The backfill of quarry process or bank-run sand shall be furnished from outside sources, except as authorized pursuant to Subsection A(2).
(4)
The uncompleted length of road opening (not having
a surface course of stabilized base at the end of the workday) allowed
under a permit at any one time shall not exceed 50 linear feet unless
a special need can be established by the permittee and approval to
exceed this limitation is secured from the Superintendent of Public
Works or Township Engineer. Such special need shall be noted in writing
on the permit application to the Superintendent of Public Works or
Township Engineer before such permission is granted, except in unusual
cases and/or emergencies. In that event, such special needs shall
be documented in writing after approval is granted.
(5)
Sewer and water lines and electrical conduit shall
be banked with a minimum of one-forty bank-run before the utilization
of backfill.
(6)
Where existing manholes are located in the road shoulder
areas, a minimum of two inches of bituminous concrete Mix No. I-5
shall be placed for four feet on both sides of the manhole casting
over four inches of quarry-processed stone. The width of the bituminous
concrete Mix No. I-5 shall vary to the dimensions of the existing
shoulder.
(7)
All backfill shall be placed in eight- to twelve-inch
layers, with each layer thoroughly compacted by mechanical means to
the satisfaction of the Superintendent of Public Works or Township
Engineer. The Superintendent or Township Engineer shall have the right
to require a compaction test to be performed by an independent laboratory
at the expense of the permittee.
(8)
After proper compaction, the entire area of the opening
shall be paved with the temporary pavement, maintaining a smooth transition
with the adjoining paved areas.
B.
Asphalt pavement openings:
(1)
For openings in asphalt-surfaced pavements or penetration macadam pavements, backfill material shall be deposited and compacted as described in Subsection A(6) preceding to a level similar to the bottom of the adjoining subbase course, but not less than six inches below the surface level of the adjacent paved surfaces.
(2)
The Superintendent of Public Works or the Township
Engineer may direct that for extensive openings the subbase course
shall be quarry-processed stone of not less than four inches' compacted
thickness.
(3)
The base course shall be bituminous concrete Mix No.
I-2 (stabilized base) not less than six inches' compacted thickness
constructed in a single lift.
(4)
The pavement surface shall be placed and compacted
flush with the finished surface of the existing pavement and shall
be maintained at this level by the permittee by the addition of bituminous
concrete Mix No. I-5 (FABC) until final settlement has occurred.
(5)
After a thirty- to sixty-day normal settlement period,
or as directed sooner or later than that period by the Township Engineer
or Superintendent of Public Works, a final pavement surface course
will be applied wherever necessary to maintain a flush and level surface.
(6)
The final pavement surface course shall be bituminous
concrete Mix No. I-5 with all joints between the existing pavement
and the bituminous concrete surface course to be sealed with a tack
coat.
(7)
During the winter months, if bituminous stabilized
base material of FABC is not available, cold mix bituminous concrete
may be substituted with the provision that this material is removed
and replaced with bituminous base material and FABC when these materials
become available.
C.
Concrete pavement surface openings. For all openings
in concrete surfaces, the trench backfill shall be compacted in one-foot
layers to a level four inches below the top of the adjacent paved
surface. A four-inch compacted depth of bituminous concrete Mix No.
I-2 pavement shall then be placed, compacted level with the existing
pavement, and shall be maintained by the permittee to a pavement level
by adding additional bituminous material until final settlement has
occurred; the temporary bituminous concrete pavement shall be removed,
and the opening excavated to a depth of 10 inches; and a pavement
Class B concrete 10 inches in depth shall be constructed level with
the existing pavement surface. A layer of heavy six-by-six No. 6 gauge
wire mesh reinforcing shall be placed in the opening at a point eight
inches below the finished elevation.
D.
Nonpaved area. All grass or graveled areas or sidewalk
areas disturbed within the Township right-of-way shall be reconstructed,
topsoiled, seeded and mulched within 14 days of completion of excavation.
All concrete areas will be thoroughly compacted. These limits may
be waived by the Superintendent of Public Works or the Township Engineer
only when abnormal temperatures or inclement weather necessitates
the same.
E.
All work shall be guaranteed for a period of at least
12 months from its completion and acceptance by the Superintendent
of Public Works or the Township Engineer.
F.
When deemed appropriate by the Superintendent of Public
Works or the Chief of Police or his designee, the contractor shall,
before commencing work, arrange a preconstruction meeting in order
to review plans, discuss the timing and scope of work, and the safe
movement of traffic and pedestrians during construction.
G.
There shall be no construction, maintenance operations
or utility work on any roadway in the Township before the hour of
9:00 a.m. or after 4:00 p.m. These time frames may be adjusted to
permit work prior to 9:00 a.m. or after 4:00 p.m. by the Chief of
Police or his designee, provided that it is determined by the Chief
of Police or his designee that the construction or maintenance operations
prior to 9:00 a.m. or after 4:00 p.m. would not substantially delay
traffic or cause a safety or health hazard.
A.
Insurance. The applicant shall present evidence of
insurance, satisfactory to the Township Attorney, sufficient to indemnify
and save harmless the Township, its agents and servants against and
from all suits and costs of every kind and from all personal injury
or property damage resulting from negligence or from any phase of
operations performed under the permit. Said insurance shall provide
limits of not less than $1,000,000 per single limit or, in the case
of a public utility, may be in the form of a certificate of self-insurance.
Where there is an extensive opening, the Superintendent of the Department
of Public Works or the Township Engineer may request additional insurance
if it is deemed necessary under the circumstances.
B.
Security deposit; maintenance of extensive openings.
(1)
The Township Clerk shall not issue a permit unless
the applicant has deposited as security for faithful performance a
certified check made payable to the Township of Saddle Brook, or filed
a bond with the surety satisfactory to the Township Attorney, the
amount thereof to be based upon the security deposit fee schedule
as contained in this article.
(2)
In lieu of the security deposit required above, a
public utility applicant may file with the Township Clerk a corporate
performance bond in the amount of at least $20,000. This corporate
performance bond must be an annual one and must be renewed annually.
In the event that a public utility applicant applies for a permit
for road opening and/or road openings and the required security deposit
fee set forth in this article exceeds said $20,000, the public utility
applicant shall file a corporate performance bond in an amount equal
to the difference between the $20,000 and the required security deposit.
For all nonpublic utility applicants, the surety bond shall be at
least $1,000. A certified check for a lesser amount may be deposited,
however, in the amount provided by this article for the work to be
performed.
(3)
Upon satisfactory completion of all work permitted
or required under the permit for extensive openings, if the security
deposit is $2,000 or less, the Township of Saddle Brook will retain
100% of the security deposit as security for maintenance of said work
for a period not to exceed one year from the date of completion, provided
that, if the security deposit is in the form of a certified check,
the permittee may deposit a surety bond of $2,000 satisfactory to
the Township Attorney in lieu of said certified check. If the security
deposit is greater than $2,000, then the Township will release or
refund 60% or more of the same with the approval of the Superintendent
of Public Works or Township Engineer, excepting it shall retain a
minimum of $2,000, and the surety bond will be deposited for the maintenance
as set forth above. All bonds and certificates of insurance shall
contain a provision that the same shall remain in full force and effect
for a period of one year after the last work under any permit.
C.
Application fee and escrow deposit:
(1)
Manner of payment; insufficient funds.
(a)
The applicant shall also pay, by separate money
order, certified check or, if the applicant is a public utility as
herein defined, by a corporate check, a nonrefundable application
fee as set forth in this article.
(b)
An applicant other than a public utility shall
pay, by separate money order or certified check, a refundable escrow
deposit fee for inspection and professional services as set forth
in this article.
(c)
A public utility applicant shall pay by separate
money order, certified check or corporate check a refundable escrow
deposit fee for inspection and professional services, which escrow
deposit fee shall be determined by the Mayor.
(d)
Should the escrow deposit fee account at any
time become insufficient to cover the actual or anticipated inspection
and professional expenses, said fund shall be subject to increase
on demand of the Township Clerk.
(2)
The Township shall pay from the escrow deposit fee
any costs incurred by its designated representatives or professional
consultants for inspection or other engineering services or legal
fees required in connection with the proposed opening or excavation
at the rate established.
Fees shall be as follows:
A.
Application fee, nonrefundable (other than public
utilities).
C.
An escrow deposit fee for engineering and legal costs
will be required of all nonpublic utility applicants.
(1)
All road openings, excavations, borings and other
work as stated on the permit application:
(a)
Base charge, including the first five square
yards on any trench, driveway or sidewalk opened, torn up or excavated
and including the first 20 linear feet of any curb or gutter torn
up or excavated: $100.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection C(1)(a) above, a work schedule shall be submitted to and approved by the Superintendent of Public Works or the Township Engineer, who shall estimate the total escrow fee required based thereon. If, at any time during the course of the work, it appears evident to the Superintendent of Public Works or the Township Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent of Public Works or the Township Engineer and paid to the Township Clerk, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fee being available.
Upon the completion of any such work, the Superintendent
of Public Works or Township Engineer shall file a report, which report
shall contain the date of completion, the amount of deposit, the cost
to the Township for resurfacing the area so excavated or opened, if
the same shall have been necessary, and the balance, if any, due to
the applicant. Upon receipt of the report by the Township Clerk, the
balance due, if any, to the applicant on account of any deposit shall
be forthwith returned.
Any person, company, firm or corporation who
or which shall violate any of the provisions of this article shall,
upon conviction of such violation, be subject for each offense to
a fine of not less than $150 and not more than $1,000 or imprisonment
for a term not exceeding 90 days, or both. In case of failure to restore
payments or roads or streets as hereinabove provided, after written
notice by the Township Clerk to do so, each day that such pavement,
roads or streets remain unrestored shall constitute a separate offense.
