The purpose of this article is to establish
regulations and fees for the opening of municipal streets within the
Borough of Franklin Lakes.
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
50 square feet or more of a Borough roadway, 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.
[Amended 7-19-2011 by Ord. No. 1524]
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, Rockland
Electric, Hackensack Water Company, cable television company or any
other entity having either the power of eminent domain or subject
to the regulations by the Public Utilities Commission of the State
of New Jersey.
STREET
Any street, road or thoroughfare within the Borough which
has been dedicated to the Borough, the county or the state, whether
or not the street or thoroughfare has been accepted, including the
full width and length of the public right-of-way.
[Amended 3-21-2017 by Ord. No. 1700]
[Amended 7-19-2011 by Ord. No. 1524]
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 Borough,
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 Borough
for the costs incurred, said costs shall be deducted from the permittee's
deposit held by the Chief Financial Officer.
[Amended 12-20-2011 by Ord. No. 1532]
The Superintendent of the Roads and Parks Department
or Borough 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 Borough may, upon the recommendation of
either of them:
A. Order a temporary stop to any road paving.
B. Order that the applicant perform or correct work in
accordance with the direction of the Borough.
C. Order a stop to any work and revoke the permit, in
which event the Borough of Franklin Lakes 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.
D. 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 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.
E. Take any other action deemed reasonable under the
circumstances to protect the Borough's interests.
[Amended 2-12-2008 by Ord. No. 1401]
A. The existing pavement must be cut with a compressor,
wet saw or an approved mechanical cutting device in a straight line
and to the full depth of pavement before excavation. All storm drains
and catch basins will be protected at all times. Any damage will be
repaired by the applicant at the applicant’s expense.
B. All fill removed from the trench is to be discarded
by the applicant. The trench must be of suitable width to obtain proper
mechanical compaction. All backfill is to be done with quarry process
stone Type I-5 or DGA for the full depth of the trench. The first
lift of fill, 12 inches above pipe, shall be compacted using a Jumping
Jack tamper. Successive lifts shall be compacted by mechanical means
such as tamping, vibrating or rolling. A vibra plate tamper is not
acceptable.
C. Upon completion of the proper backfill compaction,
a ten-inch layer of bituminous stabilized base Mix I-2 shall be utilized
in two lifts of five inches each compacted in all trench areas. The
top surface shall be flush with the adjacent pavement and be uniformly
contoured to conform to the existing surrounding surface.
D. For installation of plastic piping, the applicant
shall place a sand cushion around the plastic piping for a minimum
distance of 12 inches from the pipe.
E. The applicant must install and maintain temporary
line striping and pavement markings.
F. The applicant further agrees to keep the trench filled
to the level of surrounding pavement until settlement has ceased.
The Borough shall be held harmless in any and all accidents arising
out of trench defects.
G. After a reasonable settlement period, final restoration
will require infrared application or a two-inch compacted surface
course of bituminous surface course Mix I-5 to be placed over the
entire area of stabilized base.
(1) Infrared resurfacing shall be permitted in accordance with the specifications set forth in Subsection
H below. When using infrared resurfacing application, all stabilized base material in the road opening, plus a minimum of six inches surrounding the edge of the opening, require heating and raking to a depth of one inch. All raked material is to be discarded and replaced by fresh, hot FABC top mix.
(2) Prior to the application of the surface course, the
entire area of stabilized base, including 12 inches surrounding the
edge of the opening, shall be milled by a milling machine (self-propelled,
power-operated planing, grinding or cutting machine) to a minimum
depth of two inches from the outside edge of the trench to the curbline
in a uniform width a minimum of 10 feet wide. Furthermore, for any
opening that is equal to or greater than 50 square feet, whether continuous
or separate, permanent restoration shall consist of milling up to
two-inch-thick of the existing pavement for 25 feet past the trench
on each end from curb to center line. For any single excavation that
crosses the center line, same shall apply from curb to curb rather
than curb to center line.
[Amended 8-17-2021 by Ord. No. 1847]
(3) The resulting milled surface shall then be swept,
and tack coat material applied, before the two-inch compacted surface
course is laid. This course shall be thoroughly compacted flush with
the surrounding surface by vibratory rolling and be uniformly contoured
to the adjacent pavement.
(4) All manhole frames and covers installed within the
pavement area shall be set to finished grade. Any scarring or road
damage to any other part of a roadway caused by this permit shall
be repaired as per the above conditions.
H. Specifications for infrared restoration.
(1) The purpose of this specification is to establish
a consistent and standard process for infrared paving applications
and to insure the quality of infrared restoration for road openings.
(2) The contractor shall provide all materials, equipment
and labor required to perform a seamless, to-grade, permanent infrared
restoration.
(3) The infrared contractor shall provide FABC at plant
temperature of 275° F. to 300° F. The infrared contractor
must guarantee that the asphalt will be transported and stored in
a thermostatically controlled storage unit. Asphalt should not be
kept in a storage unit at plant temperature for a period longer than
24 hours.
(4) Required equipment:
(a)
The infrared heater must have the ability to
soften asphalt to a depth of 1 1/2 inches to two inches in eight to10
minutes without burning the surface. The heater must be a minimum
size of six feet by eight feet. A truck-mounted infrared heater is
the preferred equipment.
(b)
A thermostatically controlled asphalt storage
unit which maintains a temperature of 275° F. to 300° F.
(c)
A roller-type compactor that will generate at
least one ton of applied force per square inch.
(d)
A steel asphalt rake that is strong enough to
scarify to a depth of two inches.
(e)
A thirty-six-inch asphalt loot.
(5) The contractor opens the road and performs the repair
or adds a new service. The hole is then filled in accordance with
specific Borough requirements for sub-base fill and compaction. Adequate
space is left for base asphalt. The vertical inside edge of the existing
pavement is cleaned of dirt and then tack coated. If this edge is
not tack coated, sheer point cracking may occur after the infrared
repair is completed. The opening is then filled with binder asphalt
(three-fourths-inch aggregate) as a stabilized base, being sure to
properly compact the asphalt even with the existing road. The repair
should settle within 60 to 90 days to allow weather, traffic and time
to thoroughly compact the repair before the infrared repair is performed.
I. Final line striping and pavement markings must be
restored immediately to original or better condition. The standard
for the Borough for line striping and traffic markings is the application
of thermoplastic.
[Amended 7-19-2011 by Ord. No. 1524]
A. Insurance.
(1) The applicant shall present evidence satisfactory to the Borough
Attorney of insurance sufficient to indemnify and save harmless the
Borough, 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
of 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 Roads and Parks Department or the
Borough Engineer may request additional insurance if it is deemed
necessary under the circumstances.
(2) All certificates of insurance shall contain a provision that the
same shall remain in full force and effect for a period of one year
following the approval by the Borough of the completion of the work
under the permit.
B. Security.
(1) The Code Enforcement Official shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Franklin Lakes or filed a bond with the surety satisfactory to the Borough Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in §
425-22 of this article.
[Amended 8-15-2017 by Ord. No. 1720]
(2) In lieu of the security deposit required above, a public utility
applicant may file with the Borough Clerk a corporate performance
bond or surety bond in the amount of $20,000.
(3) All bonds shall contain a provision that the same shall remain in
full force and effect for a period of one year following the approval
by the Borough of the completion of the work under the permit.
[Amended 7-19-2011 by Ord. No. 1524]
Fees shall be as follows:
A. Application fee, nonrefundable:
(1) Road opening; boring, tunneling or driving under road; curb, gutter,
apron sidewalk or driveway: $200, except as provided hereinbelow for
an extensive opening.
(2) For an extensive opening, the fee shall be determined by the Borough
Engineer, based on an estimate prepared by the Borough Engineer of
the amount required to cover all costs of inspection and/or other
professional costs. If, at any time during the course of the work,
it appears evident to the Borough Engineer that the fee is or will
be insufficient to cover all costs of inspection and/or other professional
services, additional fees shall be estimated by the Borough Engineer
and paid to the Code Enforcement Official.
[Amended 8-15-2017 by Ord. No. 1720]
B. Security deposit for guaranteeing restoration of paved area, curb,
sidewalk, driveway or grass area:
(1) Road opening; boring, tunneling or driving under road; curb, gutter,
apron sidewalk or driveway: $1,000, except as provided hereinbelow
for an extensive opening.
(2) For an extensive opening, the security deposit shall be determined
by the Borough Engineer, based on an estimate prepared by the applicant
and reviewed and approved by the Borough Engineer of the amount required
to guarantee proper restoration of all paved areas, curbs, sidewalks,
driveways and grass areas.
[Amended 7-19-2011 by Ord. No. 1524; 8-15-2017 by Ord. No. 1720]
Upon the completion of any such work, the Superintendent of
Public Works or Borough Engineer shall inspect the work and shall
file a report, which report shall contain the date of completion,
the cost to the Borough for resurfacing the area so excavated or opened,
if the same shall have been necessary, and the balance, if any, due
to the applicant. Following approval, the security deposit or bond
shall be held by the Borough for a period of one year from the date
of approval to guarantee proper restoration of all paved areas, curbs,
sidewalks, driveways and grass areas in the event of settlement of
the areas disturbed by the excavation. Upon expiration of the one-year
maintenance period, the Superintendent of Public Works or the Borough
Engineer shall inspect the work and shall file a report of inspection.
Upon receipt of a report approving the work, the Code Enforcement
Official shall return the security deposit or bond to the applicant.
[Added 8-15-2017 by Ord.
No. 1720]
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 not exceeding
$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 Code Enforcement Official to
do so, each day that such pavement, roads or streets remain unrestored
shall constitute a separate offense.