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.
EXTENSIVE OPENING
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.
OWNER
Any person, corporation, public utility or other entity on
whose behalf a street opening is performed by a permittee.
PERMITTEE
Any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
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.
SMALL OPENING
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.
STREET
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.
STREET OPENING
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.
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.
Fees shall be as follows:
A. Application fee, nonrefundable (other than public
utilities).
(1) Road opening.
(a)
First five linear feet by three feet wide: $25.
(b)
From five linear feet to 25 linear feet by three
feet wide to be defined as the longest dimension: an additional $20.
(c)
From 25 linear feet to 50 linear feet by three
feet wide: an additional $40.
(2) Boring, tunneling or driving under road: lump-sum
minimum of $75.
(3) Curb, gutter, apron, sidewalk or driveway: lump sum
of $15 when affected by excavation.
(4) In lieu of individual application fees set forth above,
public utilities as defined above may pay a single annual fee of $250.
B. Security deposit fee for guaranteeing paved area curb,
sidewalk, driveway or grass area.
(1) Opening paved area, curb, gutter, sidewalk or driveway:
(b)
Charge for each square yard of trench opened:
$15.
(c)
Charge for each square yard of paving: $5.
(d)
Charge for each linear foot of curb: $7.
(2) Opening shoulders and roadside areas:
(b)
Charge for each square yard of trench opened:
$5.
(3) Boring, tunneling or driving under the road:
(b)
Charge per linear foot of boring: $1.
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.
(2) Actual payment from the escrow deposit fee fund shall
be based upon the following rates:
(a)
Professional engineering services: minimum fee
of $90 per hour.
(b)
Attorney: minimum fee of $95 per hour.
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.