[Adopted 9-11-2003 by Ord. No. 1290[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Excavations in Streets, adopted 5-9-1952 by Ord. No. 357, as amended.
This article shall be known and may be cited
as the "Street Excavation Ordinance of the Township of Saddle Brook."
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any person making written application to the Director of
the Department of Public Works for an excavation permit hereunder.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger or hazard to person
or property.
The excavation, removal, replacement, repair, construction
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include, but are not limited to, curbs, sidewalks, driveways and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, excavate or open the
surface of streets or roads without the consent of the municipal or
local authorities, so far as concerns the uses and purposes to which
such authority extends, but shall in other respects apply to such
corporations in full force.
A.
No excavation permit shall be issued unless a written
application for the issuance of an excavation permit is submitted
to the Director of Public Works on the form provided by the Township
of Saddle Brook and signed by the applicant performing the work. The
form must be completed in such a fashion as to contain a clear and
definite description of the name, address and telephone number of
the applicant, the nature, scope, location and purpose of the excavation,
together with the approximate size of the opening to be made, in a
sketch which clearly shows the location and dimensions of the proposed
opening; the proposed dates of commencement and completion of the
excavation, which date shall be the expiration date of any permit
issued pursuant to the application; and such other data as may be
reasonably required by the Department of Public Works, including complete
plan, profile and details of any proposed curb, sidewalk, pavement
or other proposed improvement or structure being installed. Upon receipt
of the application, the Director of Public Works may refer same to
the office of the Township Engineer for comments within five business
days of receipt of a completed application. All comments shall be
made and the application returned to the Director of Public Works
with a recommendation of approval or disapproval (and the reasons
therefor) within seven days of the receipt of the application by the
Township Engineer. The Director of Public Works shall issue all approved
permits within three days of receipt of the comments by the Township
Engineer or the expiration of the seven-day comment period, whichever
occurs fist.
B.
Work on any opening to be made under the permit provided
for herein shall commence within 30 days from the date of the permit
and prosecuted with diligence until its completion. If for any reason
the work is not started within this period, the permit shall be void
and any portion of the application fee in excess of the twenty-five-dollar
minimum shall be refunded to the applicant, together with any unused
portion of its cash repair deposit or performance bond.
C.
Permit fees. Application for a permit shall be made
on written forms provided by the Director of Public Works along with:
(1)
Twenty-five-dollar application fee.
(2)
Permit fee of $15 for every 100 square feet or fraction
thereof to be excavated in any avenue, street, or other public place.
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Permit will be issued by Director of Public
Works, or his duly designated representative, providing all local
regulations are complied with.
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D.
Deposit. Each applicant prior to the receipt of a
permit shall provide the Township with an acceptable performance bond
in the sum of $5,000 or more, at least 10% of which shall be paid
in cash, at the discretion of the Director of Public Works, to guarantee
faithful performance of the work authorized by a permit granted pursuant
to this article.
A.
The Director of Public Works shall provide each permittee
at the time a permit is issued hereunder a suitable placard plainly
written or printed in English letters at least two inches high with
the following notice: "Township of Saddle Brook, Permit No. _____
_____, Expires _____," and in the first blank space there shall be
inserted the number of said permit and after the word "expires" shall
be stated the date when said permit expires. It shall be the duty
of any permittee hereunder to keep the placard posted in a conspicuous
place at the site of the excavation work. It shall be unlawful for
any person to exhibit such placard at or about any excavation not
covered by such permit or to misrepresent the number of the permit
or the date of expiration of the permit.
B.
In lieu of a performance bond per job, any utility
regulated by the BPU or any contractor expecting to request multiple
permits per year may post a blanket performance guarantee in the minimum
sum of $5,000 with the Township on an annual basis. In the event the
Township Engineer determines that the cost of proper restoration of
the area disturbed and pavement surface will exceed the amount of
the blanket bond, an additional bond for that particular job, in an
amount to be determined by the Township Engineer, shall be posted
by the permittee prior to the issuance of any permit(s).
The permittee shall take appropriate measures
to insure that during the performance of the excavation work traffic
conditions shall be maintained as nearly normal as practicable at
all times so as to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public, provided
that the Department of Public Works with the approval of the Traffic
Safety Officer may permit the closing or partial closing of streets
to all traffic for a period of time prescribed as necessary. The permittee
shall route and control traffic, including its own vehicles, as directed
by the Township Police Department. The following steps shall be taken
before any street may be closed or restricted to traffic:
A.
The permittee must receive the approval of the Police
Department therefor.
B.
The permittee must notify, in writing, the Township
Fire Chief, First Aid Squad, and Board of Education prior to any detouring
or restricting of traffic.
C.
Upon completion of construction work, the permittee
shall notify, in writing, the Township Police Department, Fire Company,
First Aid Squad, and Board of Education before traffic is moved back
to its normal flow so that any necessary adjustments may be made.
D.
The permittee shall provide police officers and related
equipment (i.e., signs, cones, etc.) for traffic control and direction
of traffic at the street excavation site during the course of the
excavation as per the Township Code. Permittee shall pay all costs.
All material excavated from trenches and piled
adjacent to the trench or in any street shall be piled and maintained
in such manner as not to endanger those working in the trench, pedestrians
or users of the streets, and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Township shall have the authority to require
that the permittee haul the excavated material to a storage site and
then rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and to make all necessary arrangements for all required storage and
disposal sites.
All damage done to existing improvements during
the progress of the excavation work shall be repaired by the permittee.
Materials for such repairs shall conform with the requirements of
any applicable code or ordinance. If, upon being ordered, the permittee
fails to furnish the necessary labor and materials for such repairs,
the Department of Public Works shall require said labor and materials
to be furnished and the cost shall be charged against the permittee,
and the permittee shall also be liable on his or its bond therefor.
Property lines and limits or easements shall
be indicated on the plan of excavation submitted with the application
for the excavation permit, and it shall be permittee's responsibility
to confine excavation work within these limits.
As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All
cleanup operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Department of Public Works. From time to time as may be ordered
by the Department of Public Works and, in any event, immediately after
completion of said work, the permittee shall at his or its own expense
clean up and remove all refuse and unused materials of any kind resulting
from said work, and upon failure to do so within 24 hours after having
been notified to do so by the Township, said work may be done by the
municipality and the cost thereof charged to the permittee, and the
permittee shall also be liable for the cost thereof under the cash
repair deposit and/or surety bond provided hereunder.
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as it found them
or shall make such provisions for them as the Department of Public
Works may direct. The permittee shall provide for environmental protection
for streams and watercourses. The permittee shall not obstruct any
drainage facility on any street but shall use all proper measures
to provide for the free passage of surface water. The permittee shall
make provisions to take care of all surplus water, muck, silt, slicking
or other runoff pumped from excavations or resulting from sluicing
or other operations and shall be responsible for any damage resulting
from its failure to so provide.
Whenever it is necessary to break through existing
pavement for excavating purposes and where trenches are to be four
feet or more in depth, the base pavement shall be removed to at least
six inches beyond the outer limits of the subgrade that is to be disturbed
in order to prevent settlement, and a six-inch shoulder of undisturbed
material shall be provided in each side of the excavated trench. The
face of the remaining pavement shall be approximately vertical. A
power-driven concrete saw shall be used so as to permit removal of
concrete pavement of base without ragged edges. Asphalt paving shall
be scored or otherwise cut in a straight line prior to removal. No
pile driver or mechanical hammer may be used in breaking up pavement.
Tunnels under pavement shall not be permitted
except by permission of the Department of Public Works. If permitted,
tunnels shall be adequately supported by timbering and backfilling
under the direction of the Township Engineer.
A.
Prior to excavation, all trench openings shall be
neatly saw cut. Unless specifically allowed, in writing, by the Department
of Public Works, under unusual circumstances, no excavation work area
shall remain open over night. In the event any excavation work area
is permitted to remain open overnight, the permittee shall be responsible
for taking appropriate steps to properly block off the excavation
work area and give adequate warning to anyone approaching same on
foot or any vehicle of any type, including but not limited to the
use of lighting, reflective materials and barricades. All safety devices
provided shall be inspected and approved prior to their installation
by the Director of Public Works and/or Police Department.
B.
Unless otherwise provided by the Department of Public
Works, contractor shall backfill all trenches at the end of each working
day with suitable materials from the trench excavation or with granular
borrow material. Rocks larger than six inches may not be included
in backfill. If the Department of Public Works determines the existing
material is unsuitable, select off-site granular material shall be
provided. Backfill material shall be deposited in layers and mechanically
compacted to a minimum 90% Modified Proctor Density. The densities
shall be based upon the latest Standard Test Methods for Moisture-Density
Relations of Soils and Soil Aggregate Mixtures using ten-pound Rammer
and eighteen-inch Drop, ASTM Designation D-1557. In lieu of mechanical
compaction in lifts, compaction by water-jetting or puddling may be
used with written permission from the Department of Public Works.
If the use of either of these methods is proposed, the contractor
shall submit full details of the methods he intends to employ for
approval. Consolidation will not be acceptable as a method to achieve
the soil densities specified.
C.
The backfilling, replacement of subbase and installation
of base course shall be completed within 24 hours after commencement
of work. Exceptions to the above time limits may be permitted by the
Department of Public Works if it is impractical to complete the work
within this time or safety dictates a shorter completion period.
A.
Once the excavation work area has been properly saw
cut, and the backfill tamped and compacted, the permittee shall install
no less than six inches of bituminous stabilized base course to the
trench surface. If the distance from the edge of the excavation work
area to the existing curb is less than two feet, the permittee shall
be required to excavate to the curb and evenly install six inches
of bituminous stabilized base course in the entire area.
(1)
The partially restored pavement shall be allowed
to settle for no less than 90 and no more than 180 days. If at any
time during the settlement period, the trench becomes unacceptable
as determined by the Director of Public Works, the permittee shall
be notified within 24 hours of such notification by the Director of
Public Works. If the repair is not made in the time specified, the
Township may make the repair, and any cost thereof will be charged
against the permittee's cash repair deposit and/or maintenance bond.
At the end of the period of time of settlement required by the Department
of Public Works, an inspection shall be performed by the Department.
(2)
At this time, the permittee shall be required to mill the excavation
work area surface curb to curb if the initial repair is done on either
side of the street or 15 feet in each direction of the initial repair
if the work is done in the center of the street, and, in both cases,
to install no less than two inches of FABC surface course. The permittee
shall also be required to provide a tack coat on all existing bituminous
and concrete surfaces.
[Amended 8-6-2015 by Ord.
No. 1597-15]
(3)
If the distance from the edge of the excavation
work area to the existing curb is greater than two feet and less than
four feet, permittee shall be required to mill this area, as well
as the surface of the excavation work area. In the event that the
excavation work area opening is smaller than 10 square yards, the
Department of Public Works may determine that milling and/or saw-cutting
procedures are impracticable and may allow other trench repair methods
to be used.
(4)
In the case where the pavement repair is performed in a roadway
surface that is less than three years old, the permittee shall incorporate
the repair into the surrounding roadway through infrared technologies.
[Added 8-6-2015 by Ord.
No. 1597-15]
B.
Maintenance procedures. When final pavement restoration is approved, as required in Subsection A above, the Department of Public Works shall notify the Township Clerk in writing that he may release the cash repair deposit or performance guarantee posted by the permittee at the onset of the project, subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. The permittee shall also agree to repair any adjacent structures, including but not limited to curb, pavement and sidewalk, that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Township Clerk shall retain as a cash retainage, 50% of the cash repair deposit and/or performance guarantee during the two-year maintenance period.
(1)
If an inspection reveals that the restored excavation
work area becomes unacceptable, the Department of Public Works shall
notify the permittee that he must repair the area in accordance with
the aforementioned procedure within 30 days from the date of notification
or sooner if safety on public conveyances is involved. If the permittee
fails to repair the trench within this time, the Department of Public
Works shall notify the Township Clerk, and he shall allow the municipality
to utilize the permittee's cash retainage and maintenance bond to
pay for the cost of repairing the excavation work area. If the restoration
costs exceed the maintenance bond, the permittee shall be liable for
said additional costs.
(2)
Upon the termination of the two-year maintenance
period, any remaining portion of said maintenance bond that has not
been expended shall be returned to the permittee without interest.
C.
The permittee may be required to place a temporary
surface over openings made in paved traffic lanes. Except when the
permanent replacement pavement is to be replaced before the opening
of the cut to traffic, the fill above the bottom of the existing pavement
shall be tamped into place, properly graded and topped with a minimum
of two inches of bituminous patch material which is suitable to maintain
the opening in good condition until permanent restoration can be made.
The crown of the temporary restoration shall not exceed one inch above
the adjoining pavement. The permittee shall exercise special care
in making such temporary restorations and must maintain such restoration
in safe traveling condition until such time as permanent restorations
are made. If, in the judgment of the Township Engineer, it is not
expedient to replace the pavement over any cut or excavation made
in the street upon completion of the work allowed under such permit
by reason of the looseness of the earth or weather conditions or any
other reason, he may direct the permittee to lay a temporary pavement
of steel plate or other suitable material designated by him over such
cut or excavation, to remain until such time as the repair of the
original pavement may be properly made.
D.
Acceptance or approval of any excavation work by the
Department of Public Works or the Township Engineer shall not prevent
the Township from asserting a claim against the permittee and his
or its surety under the surety bond required hereunder for incomplete
or defective work if discovered within 24 months from the completion
of the excavation work. The presence of a representative of the Department
of Public Works or the Township Engineer during the performance of
any excavation work shall not relieve the permittee of its responsibilities
hereunder.
A.
If the permittee shall have failed to restore the
surface of the street to its original and proper condition upon the
expiration of the time fixed by such permit or shall otherwise have
failed to complete the excavation work covered by such permit or shall
fail to adhere to other requirements of this article, the Township
shall have the right to do all work necessary to restore the street,
to eliminate violations and to complete the excavation work. The permittee
shall be liable for the actual cost thereof and 25% of such cost,
in addition, for general overhead and administrative expenses. The
Township shall have a cause of action for all fees, expenses and amounts
paid out and due it for such work and shall apply, in payment of the
amount due it, any funds of the permittee deposited as herein provided;
and the Township shall also enforce its rights under any surety bond
provided pursuant to this article. The Township will normally give
the permittee 24 hours' notice of its intent to act, under the terms
of this section, to eliminate violations of this article or to restore
the surface, except that, in the case of immediate danger to public
health or safety certified to by the appropriate officials, no such
notice will be provided.
B.
It shall be the duty of the permittee to guarantee
and maintain the site of the excavation work in the same condition
it was prior to the excavation for one year after restoring it to
its original condition.
Except by special permission from the Township
Engineer, no trench shall be excavated more than 150 feet in advance
of pipe laying or left unfilled more than 150 feet where pipe has
been laid. The length of the trench that may be opened at any one
time shall not be greater than the length of pipe and the necessary
accessories which are available at the site ready to be put in place
during that single working day. Trenches shall be braced and sheathed
according to generally accepted safety standards for construction
work and/or as prescribed by the Township Engineer. Except with the
written permission of the Township Engineer, no timber bracing, lagging,
sheathing or other lumber shall be left in any trench.
The permittee shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition, or as near as may be, as soon as practicable and,
in any event, not later than the date specified in the excavation
permit therefor.
If traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Department of Public Works
shall have full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
24 hours a day, to the end that such excavation work may be completed
as soon as possible.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any street breaks or bursts or
otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the owner or operator of
such sewer, main, conduit or utility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such owner or operator shall apply for an excavation permit
not later than the end of the next succeeding day during which the
Department of Public works is open for business and shall not proceed
with permanent repairs without first obtaining an excavation permit
hereunder.
Each permittee shall conduct and carry out the
excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce, to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris and, during the hours of 9:00 p.m. and 7:00
a.m., shall not use, except with the express written permission of
the Department of Public Works or in case of any emergency as herein
otherwise provided, any tool, appliance or equipment producing noise
of sufficient volume to disturb the sleep or repose of occupants of
the neighboring property. Dust shall be controlled by means of maintaining
the work area in a clean condition, cleaning and/or sweeping pavement
areas and applying calcium chloride.
The permittee shall not disturb any survey monuments,
hubs or pipes found on the line of excavation work until and unless
ordered to do so by the Township Engineer.
A.
Forty-eight hours prior to the commencement of the
work, the permittee shall notify the Department of Public Works and
request that an inspector be present to supervise the excavation and
restoration. The permittee shall also notify all utility companies
within such time as they prescribe according to their rules and regulations,
prior to commencement of any work, in order to obtain appropriate
utility underground location information. No pavement surface restoration
shall be performed until the backfill operation is complete and approved
by the Department of Public Works.
B.
The Department of Public Works shall make any and
all inspections as are reasonably necessary in the enforcement of
this article.
Users of subsurface street space shall maintain
accurate drawings, plans and profiles showing the location and character
of all underground structures, including abandoned installations.
Two copies of as-built drawings shall be filed with the Township Engineer
within 60 days after new installations, changes or replacements are
made.
The provisions of this article shall not be
applicable to any excavation work by employees of the Township or
by any contractor of the Township or agency or department of the Township
performing work, for and in behalf of the Township, necessitating
openings of excavations in streets. This section shall not be construed
as exempting the Housing Authority or the Sewerage Authority.
A.
A permittee, prior to the commencement of excavation
work hereunder, shall furnish to the Township Clerk satisfactory certificates
of insurance indicating that the permittee has in force and will maintain
in force, during the performance of the excavation work and the period
of the excavation permit, public liability insurance of not less than
$300,000 for any one person and $1,000,000 for any one accident, and
property damage insurance of not less than $500,000, duly issued by
an insurance company authorized to do business in this state. The
Township shall be named as an additional insured on the permittee's
insurance policy. In cases where the character or nature of the proposed
excavation work are such as to present an unusual hazard or a higher
than normal risk of damage or injury, the Township Council may require
the provision of increased amounts of liability and property damage
insurance. Any permits which occasion such increased hazard or liability
shall be referred, by the Department of Public Works, for the consideration
of the Council prior to the issuance of a permit.
B.
By the making of an application for a permit, the
permittee agrees to indemnify and save harmless the Township of Saddle
Brook, its offices, agents and servants from and against any loss,
injury or damage (including the costs of providing a defense) resulting
from any negligence or the fault of the permittee in the case of work
covered by the permit. The permittee shall also indemnify and save
harmless the Township of Saddle Brook (including the costs of providing
a defense) against any damage done to other utilities as the result
of a road opening.
This article shall not be construed as imposing
upon the Township or any official or employee any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder; nor shall
the Township or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
For the violation of the provisions herein contained,
the Director of Public Works may revoke the permit and the excavation
or opening and pavements may restored by the Township of Saddle Brook
at the expense of the permittee. In addition, any person, firm or
corporation found guilty in the Municipal Court of the Township of
Saddle Brook of a violation of the terms of this article shall be
subject to a fine of not more than $1,000 or imprisonment for a period
not exceeding 90 days or both in the discretion of the Municipal Court
Judge.
