[Adopted by Ord. No. 976 (Sec. 14-3 of the 1988 Code)]
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.
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]
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, 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.[1]
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]
[1]
Editor's Note: The former definition of "small opening," which
immediately followed this definition, was repealed 7-19-2011 by Ord.
No. 1524.
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 Borough of Franklin Lakes without first obtaining
a road opening permit from the Code Enforcement Official.
[Amended 8-15-2017 by Ord. No. 1720]
(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.
(3)
Permits under this chapter shall expire 30 days following issuance
of the permit. If work has not been completed within the thirty-day
period, the applicant will be required to obtain a new permit for
the work and pay such fees as may be required for a permit under this
chapter.
[Added 7-19-2011 by Ord. No. 1524]
B.
Nothing contained in this article shall be construed
as requiring the issuance of a permit for the performance of any work
done by the Borough of Franklin Lakes or under a contract with the
Borough for the construction of waterlines or street improvements.
C.
No permit applicant shall begin work until he receives
the authorization number from the Underground Location Service and
the appropriate utility. 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
excavations and ascertain from such person or corporation the location
of all such gaslines or pipelines within 200 feet of the proposed
excavation.
D.
Nonopening of road. No street, road or paved area constructed, reconstructed
or repaved within five 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. In the event that, due to
an emergency, a street, road or paved area is excavated within the
five-year period, the applicant shall be required to repave the entire
width of the road to achieve a cosmetic and surface match.
[Amended 8-18-2015 by Ord. No. 1638]
E.
No Borough street shall be excavated between November
1 and March 30 without prior approval of the Mayor and Council, except
that the Borough Administrator, with the recommendation of the Borough
Engineer, may allow such excavations in emergencies.
[Added 2-12-2008 by Ord. No. 1401; amended 3-17-2015 by Ord. No. 1621]
A.
Form.
(1)
Application for a permit shall be made in writing
on forms to be prescribed by the Borough of Franklin Lakes and issued
by the Code Enforcement Official 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 individual(s), firm or corporation
for whose benefit the excavation is to be made and shall be accompanied
by a nonrefundable fee for the issuance of the permit as hereinafter
provided, together with the charges as hereinafter set forth.
[Amended 8-15-2017 by Ord. No. 1720]
(2)
Additional information.
(b)
Standard details used by Public Utilities and accepted and approved by the Superintendent of the Roads and Parks Department or the Borough Engineer may be used to satisfy the requirements of Subsection A(2)(a)[2] and [3] above.
(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 article, 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 or persons
doing the work notify the Franklin Lakes 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.
(d)
The Superintendent of the Roads and Parks Department
or the Borough 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 Borough
of Franklin Lakes shall be notified prior to start of work, and the
Superintendent of the Roads and Parks Department or the Borough Engineer
shall be notified on the morning of the first business day thereafter.
(2)
The Borough reserves the right to issue a written
stop-work order where same is deemed appropriate by the Superintendent
of the Roads and Parks Department or Borough Engineer.
C.
Review of the application. Prior to the issuance of
a permit, copies of the application therefor shall be referred to
the Superintendent of the Roads and Parks Department or the Borough
Engineer who shall 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.
[Amended 7-19-2011 by Ord. No. 1524]
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
Borough 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 and Council.
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 Borough 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 Borough
of Franklin Lakes, to accommodate the installation of Borough facilities.
Such agreement shall be in writing and contained on the face of the
application form and permit.
G.
Issuance. Street opening permits shall be issued by the Borough Clerk 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 § 425-22 of this article, have been paid to the Borough Clerk.
A.
Generally. The New Jersey State Department of Transportation
2007 Standard Specifications for Road and Bridge Construction, with
all amendments and supplements, shall govern all of the work performed
under Borough of Franklin Lakes road opening permits, except as supplemented
below.
[Amended 2-12-2008 by Ord. No. 1401]
(1)
No Borough road shall be closed to traffic without
prior written consent of the Police Department. In the event that
a road is closed, uniformed police may be required to act as traffic
directors, 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. The Borough will bill the permittee for such services at the
prevailing rate specified annually by the Borough. 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 shall be done prior
to start of work.[1]
(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 Roads and Parks Department
or the Borough 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 the
Roads and Parks Department or the Borough 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 Borough, 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 further Borough 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 the Roads and Parks Department
or Borough 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 the Roads and Parks Department and Borough Engineer or their designated
representatives.
[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.
[1]
Editor's Note: Former § 425-24, Violations and penalties,
was repealed 3-21-2017 by Ord. No. 1700.
