[Amended 5-25-1982 by Ord. No. 1846]
As used in this article, the following terms
shall have the following meanings ascribed to them by this section:
Any person who makes application for a permit.
Any opening at 90° to the center line of the street.
The Director of Public Works of the Village or his duly authorized
representative.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to person or property.
An opening exceeding 15 square yards.
Includes pipes, fittings and appurtenances as well as the
excavation or backfill.
An opening of 15 square yards or less.
Any qualified nonprofit, religious, or tax-exempt organization
domiciled within the Village of Ridgewood and having a Village of
Ridgewood mailing address.
[Added 8-11-2010 by Ord. No. 3260]
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Any individual, firm, corporation or entity.
The cartway or paved area only.
The improved portion of the right-of-way of any public street,
public highway, public way, public road or public easement within
the Village, including that portion of the right-of-way improved with
curbs and sidewalks.
Any utility, public, private or government.
The Village of Ridgewood.
A.
No person, firm or corporation shall open or cause
to be opened, by cutting or excavating, the surface or soil of any
street, roadway or other public property for any purpose whatsoever
without first obtaining therefor from the Director a written permit;
provided, however, that any person maintaining pipes, lines or other
underground facilities in or under the surface of any street may proceed
with an opening without a permit when emergency circumstances demand
the work to be done immediately, provided that the permit could not
reasonably and practically have been obtained beforehand. The person
shall thereafter apply for a permit on the first regular business
day on which the Village is open for business.
B.
It is not intended to require a permit for the opening
or excavating within any county or state road for which a permit has
been acquired from the proper authority.
C.
A permit shall be valid for an effective period not
to exceed 30 consecutive calendar days. Such effective period may
be extended if so requested by the permittee prior to the expiration
thereof for an additional period not to exceed 30 days. An additional
extension for a final period not to exceed 30 days may be requested
and granted. A permit may not be extended for a period in excess of
90 days from the date the original permit was issued.
D.
No work shall proceed between November 15 and March
15 unless emergency circumstances exist or approval is specifically
granted by the Director and/or his/her designated representative to
expedite the removal of any pole no longer in use as well as any other
debris generated or created by the work of the permit, within the
public right-of-way.
[Amended 3-14-2012 by Ord. No. 3329]
E.
No work provided to be done under a permit shall be
performed on Saturdays, Sundays or holidays except with prior approval
of the Director or in the event of an emergency. Any work regulated
hereunder shall be performed between the hours of 8:00 a.m. and 5:00
p.m. unless an emergency exists.
F.
No person, firm, or corporation shall, during the course of their work within the Village's public rights-of-way requiring a permit under this chapter, occupy metered parking spaces without the proper compensation due the Village in accordance with the fees set forth in Chapter 145, Fees.
[Added 6-9-2010 by Ord. No. 3254]
G.
Any nonprofit/tax
exempt organization seeking to occupy a portion of the Village's parking
metered public right-of way shall, prior to their occupation, request
and receive permission in the form of a permit from the Office of
the Village Manager. The request shall state the dates of any occupation
of the Village's parking metered public right-of-way, the anticipated
duration, and the number of parking meters to be occupied. There shall
be no permit fee for any qualified nonprofit/tax exempt organizations.
The maximum duration of occupancy to be permitted, with no fee, shall
be two hours per day.
[Added 8-11-2010 by Ord. No. 3260]
H.
The Village
Manager shall have the discretion to waive the bagged meter fee for
the Village's parking metered right-of-way for any organization that,
prior to its occupation of said spaces, applies for and receives a
permit from the Office of the Village Manager. The said permit shall
be limited to no more than 15 metered parking spaces at a time per
event. The waiver of the bagged meter fee shall be noted on the permit
issued.
[Added 3-12-2014 by Ord. No. 3407]
I.
For special
events. When a special event, free to the public, desires to utilize
metered parking spaces adjacent to a Village Park or public space
(i.e., Van Neste Square, the train station, etc.) on a Sunday, the
Village Manager shall have the option, upon request, to issue a permit
waiving the fee for bagging the parking meters desired by the event.
[Added 3-12-2014 by Ord. No. 3407]
The permittee shall not begin or carry on any
part of the work provided to be done, except in the event of an emergency,
without first notifying the Director not less than 24 hours in advance
and obtaining his approval therefor.
A.
In all cases, full consideration is required to be
given to the adoption and implementation of measures reflecting sound
engineering principles and economic factors necessary to preserve
and protect the integrity and visual quality of the roadway, its maintenance
and efficiency and vehicular and pedestrian traffic safety.
B.
Utility lines are to be located to permit servicing
such lines with minimum interference with vehicular or pedestrian
traffic. Efforts must be made to minimize the construction of chambers
or vaults in the roadway area and to avoid their location at street
intersections.
C.
Ground-mounted utility facilities shall be of a design
compatible with the visual quality of the roadway section being traversed.
D.
Opening of new or resurfaced roadways or municipal
parking lots.
[Amended 6-10-2009 by Ord. No. 3194; 8-13-2014 by Ord. No. 3424; 9-14-2016 by Ord. No. 3545; 2-8-2023 by Ord. No. 3939]
(1)
New roadways or municipal parking lots and roadways resurfaced with
a bituminous concrete surface course in the Village of Ridgewood shall
not be opened (excavated in) for a period of five calendar years from
the date of the pavement surface completion unless an emergency exists.
When an emergency exists necessitating an opening, the contractor
or utility firm performing the opening shall compensate the Village
of Ridgewood an additional $2,500 per individual opening or $2,500
for every 50 linear feet of pipe trench, whichever is greater, in
addition to any requirements stated in the Village's street opening
permit process.
(2)
All municipal roadways and parking lots that have been resurfaced
with a bituminous concrete surface course upon which imprinted preformed
thermoplastic crosswalk material has been installed, shall not be
opened for a period of five calendar years from the date of the imprinted
preformed thermoplastic crosswalk material's installation unless an
emergency exists. When an emergency exists necessitating an opening
or crossing of the thermoplastic material, the contractor or utility
firm performing the opening or crossing shall compensate the Village
of Ridgewood an additional $200 per measured square foot of thermoplastic
crosswalk material damaged or removed, in addition to any requirements
stated in the Village's street opening permit process.
E.
If any subsequent Village facility necessitates the
moving or adjusting of utility facilities located by permit, then
such utilities shall bear all costs and expenses of the required move
or adjustment unless the cost and expense of said move or adjustment
is otherwise provided for by law.
F.
Utility line designs and construction are subject
to minimum safety standards and construction requirements prescribed
by the respective national or industry standard codes.
G.
All excavations made in the roadways of the Village of Ridgewood
shall be properly backfilled. Backfill materials shall be compacted
by mechanical means to 95% of Modified Proctor Test, as described
in ASTM D1557. When requested by the Village Engineer, the holder
of a street opening permit shall provide to the Village of Ridgewood
satisfactory documentation that backfill soils have been properly
compacted.
[Added 8-13-2014 by Ord. No. 3424]
Any person desiring a permit for street opening
shall make application therefor to the Director for each such opening
upon forms provided for that purpose. Application for a street opening
permit for work to be performed for a utility shall be made by the
utility, and such permit shall be issued to the utility and not to
the contractor. A separate application shall be made and a separate
permit issued for each street to be opened by the permittee.
A.
Except to the extent waived by the Director and/or
his/her designated representative in case of an emergency, the application
shall show or include the following information for a minor street
opening:
[Amended 10-13-1992 by Ord. No. 2375; 6-9-2010 by Ord. No. 3254; 3-14-2012 by Ord. No. 3329]
(1)
The name, address, office telephone number, email
contact address, and cellular telephone of the applicant or his/her
designated contact person.
(2)
The name, address and telephone number of the owner
of the property in front of which or for whom the work is to be performed.
(3)
The location of the property.
(4)
The extent and nature of the work to be done.
(5)
The date or dates when the work is to be done.
(6)
Evidence that all materials, labor and/or equipment
which are needed to complete such undertaking as authorized by the
permit are available.
(7)
A signed statement by the applicant that he agrees
to perform the work for which the permit is granted strictly in accordance
with the conditions of the permit and this article.
(8)
A list of all federal, state or local government agencies
having jurisdiction thereover and, if such agencies require approval,
a statement whether such approval has been obtained and attachment
of a copy of such approval.
(9)
A signed statement by the applicant that the Village
is to be saved harmless by the applicant from any loss, injury or
damage arising out of the granting of the permit or from any negligence
or fault of such applicant, his servants or agents in connection with
any of the work done under or in connection with such permit.
(10)
Certificates of insurance.
(a)
A certificate of insurance stating that 10 days'
written notice shall be given to the Village before a policy covered
thereby shall be changed or cancelled, indicating that the applicant
is insured against all hazards and risks of loss which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor or anyone directly or indirectly employed
by him, and shall include protection against liability arising from
completed operations. This insurance shall be written in comprehensive
form, and the liability limits shall not be less than the following:
(b)
With the approval of the Director, public utilities
subject to regulation by the Board of Public Utilities may furnish
a self-insurance certificate in lieu of a liability insurance certificate.
(12)
The number of parking meters the proposed work will obstruct. The
number of days the parking meters will be obstructed. Obstruction
counts anytime the parking space is not available to the public due
to the work of the permit.
B.
The application for a major street opening permit shall require the items in Subsections A(1) through (10), both inclusive, and, in addition thereto, three sets of plans and specifications, a traffic control plan in accordance with the manual on Uniform Traffic Control Devices and/or a detour plan as required by the Director, together with a nonrefundable application fee as set forth in Chapter 145, Fees.
[Amended 10-13-1992 by Ord. No. 2375]
A.
The Director will have a minimum of three working
days to review the application prior to issuing a street opening permit.
B.
When the Director approves an application, he shall
at that time advise the applicant of the amount of deposit necessary
to cover the work proposed in said application.
C.
The Director will also state the probable inspection
costs that may be incurred and advise the applicant of such costs.
D.
Once the applicant meets all the requirements of this
article, the Director will grant the permit.
Every person obtaining a permit shall:
In granting any permit under this article and
to prevent danger 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, the following conditions
will apply:
A.
Only rubber-tired equipment shall be used.
B.
Routes upon which materials may be transported are
to be approved by the Village before the permit is issued.
C.
Disposal of excavated materials within the Village of Ridgewood is subject to Chapter 246, Soil Removal, of the Village Code.
D.
Dust resulting from construction procedures is to
be kept to a minimum.
E.
Excessive noise shall be prohibited.
F.
Roadways and sidewalks are to be kept clear for pedestrian
and vehicular traffic. All operations shall be planned with full regard
to safety and to keep traffic interference to an absolute minimum.
No trench shall remain open beyond the hours of work. Gas companies,
however, shall be permitted to leave open small openings for the purpose
of adequately venting natural gas, provided that said small openings
are adequately protected with traffic control devices and that proper
notice is given to the Village. Said openings shall be maintained
for no longer than 48 hours. The Director may permit other small openings
in circumstances where work cannot be completed during normal working
hours, provided that said openings are properly plated so as not to
interfere with the flow of traffic or to endanger the public.
G.
Construction equipment and materials shall not be
left on the street overnight unless special permission is given, in
writing.
H.
Traffic shall be controlled in accordance with the
appropriate sections of the Manual on Uniform Traffic Control Devices,
which includes information regarding the furnishing and erecting of
traffic control devices necessary to move pedestrians and vehicular
traffic safely through or around the work area.
I.
All parking
meters obstructed by the work of the permit shall be bagged with bags
provided by the Village of Ridgewood Traffic and Signal Division only.
[Added 6-9-2010 by Ord. No. 3254]
J.
All parking
meters to be obstructed by a permit issued to a nonprofit/tax exempt
organization shall be covered only by bags approved by the Village
of Ridgewood Traffic and Signal Division.
[Added 8-11-2010 by Ord. No. 3260]
K.
All parking
meters permitted to be obstructed by a permit issued by the Village
Manager shall be bagged with bags provided by the Village of Ridgewood
Traffic and Signal Division only.
[Added 3-12-2014 by Ord. No. 3407]
[Amended 4-8-2015 by Ord. No. 3469]
The amount of deposit for street openings shall be a minimum
of $1,000 or shall be computed in accordance with the unit prices
the Village received for its most recent street resurfacing/restoration/reconstruction
bid, as determined by the Director of Public Works, whichever is greater.
The deposit may be in the form of cash, a certified,
treasurer's or cashier's check or surety bond made payable to the
Village and meeting the approval of the Director. The surety bond
must be written by a reputable surety company licensed to do business
in the State of New Jersey, and the bond shall be conditioned upon
the payment of all charges required by this article. Such bond must
be approved by the Village Attorney as to form. The Village shall
have the right to require the submission of the deposit in any of
the above specified forms.
A.
The amount of deposit shall be retained by the Village
for the duration of the period of maintenance as defined hereunder.
B.
Upon failure or default by the permittee of any of
the terms, agreements, covenants and conditions of the permit on the
permittee's part to be done or performed, said deposit may be used
by the Village for any expense incurred by the Village by reason of
such failure or default on the part of the permittee.
C.
Any balance left after the expense of such failure
or default, as determined and certified by the Director, has been
paid and deducted from the amount of the deposit shall be refunded
to the permittee.
If the deposit made is less than sufficient
to pay all fees and costs, the permittee shall, upon demand, pay to
the Village an amount equal to the deficiency. If the permittee fails
or refuses to pay such deficiency upon demand, the Village may recover
the same by action in any court of competent jurisdiction. Until such
deficiency is paid in full, additional permits shall not be issued
to such permittee.
Whenever any public utility or municipal authority
maintaining underground facilities shall contemplate more than one
street opening or excavation per calendar year, it may post a surety
bond for the calendar year or part thereof to cover the estimated
fees and cost of any and all work. Said bond must be written by a
reputable surety company licensed to do business in the State of New
Jersey or other approved surety, and the bond shall be conditioned
upon the payment of all charges estimated to be required by this article
during the term of the bond. Such bond must be approved by the Village
Attorney as to form.
A.
The period of maintenance shall be construed as a period of one year
after the date of final completion, as determined by the Director,
of the work to be done pursuant to the terms of the permit; except,
however, that in the event that the termination of said one-year period
shall fall between November 1 and April 1, inclusive, then and in
that event, the period of maintenance shall be construed as extending
until the 15th day of May next thereafter.
[Amended 4-8-2015 by Ord. No. 3469]
B.
The permittee shall be responsible for the entire
work and shall keep every portion of said work in perfect order and
repair during the entire period of maintenance, and should said permittee
fail to make needed repairs to the work or to adequately maintain
surfaces disturbed by said permittee, the Director reserves the right,
and without prior notice to the permittee, to cause such repairs to
be made or such surfaces to be maintained by the Village's own forces
or by contract or otherwise, in which case all expenses incurred by
the Village shall be deducted from the deposit as herein otherwise
provided for.
If the work to be undertaken by the permittee
is such that it will affect the use of properties abutting or adjoining
the project, the permittee shall, in writing, notify by hand delivery
or mail the affected property owners or tenants of the proposed work
to be done. The permittee shall submit a list of names and addresses
of the owners and/or tenants of such properties to the Director along
with a copy of the notification.
The permittee shall notify the Village Police
and Fire Directors of any street opening or excavation which affects
the flow of traffic in the streets within the Village. Such notification
shall state the nature of the work to be done and the location of
such project. He shall also notify the Police and Fire Directors when
any openings or excavations have been closed, permitting traffic to
flow thereon.
Any person receiving a permit as provided in
this article shall cause the same to be kept in the possession of
the person in charge of the work, who shall exhibit the same to any
official or police officer in the Village on demand.
Except in the case of emergency, no work shall
be performed by the permittee unless the Director shall be present
or permission has been given by the Director to proceed in his absence.
Such permission should not be unreasonably denied.
A.
The Director or his authorized agents shall make daily
inspections of all work authorized by permits issued pursuant to this
article from the time the street is opened until the temporary pavement
is installed. Timely inspections shall be made during the time the
temporary pavement is in place and during the maintenance period.
B.
The Village is empowered to employ an inspector if
the Village is of the opinion that the work to be performed pursuant
to a permit authorized by this article is such that an inspector is
necessary to ensure compliance with the various provisions of this
article.
[Amended 3-10-2021 by Ord. No. 3847]
Street opening permits shall be required for
any and all contracts proposed by the Village. All guaranties required
for the permit shall be provided for within the plans and/or specifications
for the work. No permit fee shall be charged for work performed for
or by the Village of Ridgewood. However, all information required
for a street opening permit shall be submitted to the Engineering
Division of the Department of Public Works.
A.
No person to whom a permit has been granted under
the provisions of this article shall perform any of the work authorized
by such permit in any amount or quantity greater than that specified
in the permit, except that upon the approval by the Director and payment
of the additional fee, additional work may be done under the provisions
of the permit in an amount not greater than 10% of the amount specified
in the permit.
B.
Any deposit and bond posted in connection with the
original permit shall be deemed to cover any such additional work
as may be approved pursuant to this section within the limits mentioned
herein.
A.
Work for which a permit has been issued pursuant to
this article shall commence within 30 days after the issuance of the
permit therefor and shall be carried out as expeditiously as possible.
B.
If not so commenced or proper time extension granted,
the permit shall be automatically terminated and the permit fee, inspection
fee and any cash deposit shall be refunded to the permittee, with
the exception of the application fee.
C.
Permits thus terminated may be renewed upon the payment
of an additional application fee and the required permit and inspection
fees as defined within this article.
Permits issued under this article are not transferable
from one person to another, and the work shall be carried out only
at the location specifically designated in the permit.
It shall be the duty of the permittee to notify
any company whose pipes, conduits or other structures are laid in
the street in which any work is to be done by the permittee not less
than 72 hours before commencing such opening or work. The permittee
doing such work shall, at its own expense, carefully support, maintain
in operation and protect from injury such pipes, conduits or other
structures and, in case of injury, shall restore the same at its own
expense or allow the company to whom the pipes, conduits or other
structures belong, at its option, to make the necessary repairs, and
costs thereof sustained by said company thereby shall be paid by said
permittee to said company upon presentation of a bill.
A.
Trenches shall be cut to have vertical faces, where
soil and depth conditions permit, with a maximum width of two feet,
plus the outside diameter of the pipe to be installed. Trenches shall
be braced as necessary in accordance with all applicable federal,
state, county and municipal laws and regulations.
B.
Pipe bedding shall be installed in accordance with
the manufacturer's or industry standard instructions for the pipe
or conduit being used.
C.
Prior to the excavation of the trench, the existing
pavement shall be cut by pneumatic or hydraulically operated hand-held
equipment or by saw cut. In no case shall large impact-type equipment
be used.
D.
The integrity of the remaining pavement structure,
shoulders and slopes shall be of primary concern, and construction
methods shall be utilized which will keep the damages to existing
pavement and other areas to a minimum.
E.
All blasting shall be conducted in accordance with
applicable state and federal laws and regulations. Prior to proceeding
with blasting, twenty-four-hour notice shall be given to the Director,
owners of utilities within 50 feet and adjacent property owners.
A.
Utility installations must meet the minimum requirements
of the national or industry associations, institutes or codes which
recommend methods of installation and utilization.
B.
Wherever possible, the depth of bury for pipelines
and conduits shall be of a minimum of 30 inches. Sufficient vertical
and horizontal clearance between pipeline or structure of another
utility facility shall be provided to permit the proper maintenance
of the pipeline or structure.
No backfilling shall be done by the permittee
until the work being done under the permit shall have first been inspected
and the backfilling authorized by the Director. In case of nonconformity
with this requirement, the Director shall have the right to require
that the work be uncovered by the permittee at the latter's own expense
so that proper inspection may be made.
A.
Backfilling must be done with a pervious material
placed in two stages. The first stage includes the fill to a level
of one-foot above the top of the pipe, and the second stage includes
the remaining portion of the trench to finished grade. Backfill for
the first stage shall be carefully deposited and compacted in six-inch
layers without in any way injuring or disturbing the completed pipe
or structure. The remaining portion of the trench shall be backfilled
and compacted in twelve-inch layers.
B.
Backfilling must be accomplished with select material.
Backfilling necessitated by an emergency opening during the period
from November 15 to March 15, inclusive, shall not be made with frozen
material. In the event that backfilling is made with frozen material,
it shall be removed by the permittee and replaced with stone dust
or backrun sand.
C.
Compaction shall be accomplished by approved mechanical
or vibratory means to match the compaction and cohesion of the undisturbed
adjacent material. Consolidation by saturation or puddling shall not
be permitted.
A.
Immediately after backfilling the excavation, the
permittee shall place thereon an acceptable temporary pavement as
provided herein below. Such temporary pavement shall be maintained
even with the roadway surface until the permanent restoration is placed.
B.
Temporary pavement shall consist of three inches of
bituminous concrete, Mix I-5 or approved equal, when the opening was
made in an existing pavement, and six inches of quarry process stone
in all other cases, except that where topsoil, seeded areas or sod
have been disturbed by the excavation, the permittee shall restore
the ground surface to its original condition.
A.
Permanent restoration of pavement surface over the
street opening shall be made within two months, weather permitting,
or within the same construction season if so noted on the permit,
from the date the temporary pavement was installed.
B.
Prior to the installation of the permanent pavement,
the subgrade shall be properly prepared and the existing pavement
neatly cut back a minimum of six inches from the edge of the trench
or pavement damage in a straight line with vertical faces free of
foreign matter. A tack coat shall be applied to the vertical faces
of the existing pavement prior to the placement of the patch material.
C.
The permanent pavement shall consist of a bottom course
of bituminous stabilized base, Mix I-2, placed at a compacted thickness
of six inches and a surface course of bituminous concrete, Mix I-5,
placed at a compacted thickness of 1 1/2 inches.
D.
All pavement restoration, both temporary and permanent,
shall be constructed in accordance with the applicable specifications
of the New Jersey State Highway Department.
E.
The top or surface course of the permanent patch shall
be flush with the grade of the surrounding pavement when it is compacted.
The joint between the patch and the existing pavement shall be sealed
with an asphalt emulsion.
F.
For lateral trenches over 100 feet in length, the
top or surface course of pavement shall extend from the curbline or
edge of pavement to a point of three feet beyond the edge of the bottom
course; however, such width shall not be less than 10 feet. If cross
trenches are located less than 250 fee apart, the entire roadway shall
be resurfaced.
G.
Restoration of imprinted preformed thermoplastic decorative crosswalks
shall be by a contractor qualified in the execution of such work.
All restoration efforts shall match the surrounding material in color
and appearance. The Director of Public Works or the designee shall
be the sole judge of a contractor's qualification to properly perform
the work. All restoration work to thermoplastic decorative crosswalks
shall adhere to the same schedule and conditions that apply for asphalt
pavement restoration work.
[Added 9-14-2016 by Ord.
No. 3545]
A.
The permittee shall clean up and remove promptly from
the site of the work, upon completion thereof, all surplus excavated
material and debris and shall leave the site of the work in a neat
and orderly condition.
B.
Where concrete curb, asphalt berm, sidewalk or landscaped
areas are disturbed in the course of the work, the permittee shall
restore such surface to its original condition. A letter of release
shall be furnished to the Village of Ridgewood from the affected property
owner prior to the release of the deposit or bond.
Any permit issued under this article may be
revoked by the Director, after notice, for:
Deviations from the provisions of this article
may be issued by the Village upon review and approval of a written
petition by the permittee which shall include, in detail, the reason
why such a deviation is being requested.
