[Adopted 10-4-1965 (Ch. 97 of the 1977 Code)]
For the purpose of this article, the term "person"
shall mean and include the singular and plural and shall mean and
include any firm, partnership, corporation or association.
[Amended 12-15-1983 by Ord. No. 1983-54]
No person, other than duly authorized servants
or agents employed or engaged by the Borough of South River for the
purpose, shall dig up or make any excavation or opening in or upon
any Borough-owned street or right-of-way or portion thereof in the
Borough of South River for the purpose of installing, making, altering,
replacing or repairing any water, gas, sanitary sewer, storm sewer,
electric, telephone or other underground utility therein or for any
other purpose whatsoever without first obtaining a written permit
therefor.
[Amended 12-15-1983 by Ord. No. 1983-54]
A.
Applications for such permits shall be made to the
Borough Clerk and shall include a detailed location plan and construction
drawings when applicable. The application shall describe the location
of the intended excavation or tunnel, the size thereof, the purpose
thereof and the person, firm or corporation doing the actual excavation
work and the name of the person, firm or corporation for whom or which
the work is being done and shall contain an agreement that the applicant
will comply with all ordinances and laws relating to the work to be
done.
B.
An application shall be required for all emergency
repairs. Should the repairs be required to protect the public safety,
health and welfare, they shall be performed immediately with an application
filed with the Borough Clerk within 24 hours or the next business
day, whichever is sooner.
A.
Fee schedule. The fee schedule is found in Chapter 155, Fees.
[Amended 2-25-1982 by Ord. No. 1982-4; 12-15-1983 by Ord. No.
1983-54; 12-9-2002 by Ord. No. 2002-42]
B.
Each applicant shall maintain the project specified
in the permit for a period of two years after the completion of repaving,
and the deposit posted hereunder shall be held by the Borough for
said term to ensure proper installation and maintenance.
C.
In lieu of the foregoing deposit set forth in Subsection
A(1) and (2), any responsible applicant for such permit may file with
the Borough Clerk a bond, renewable annually, in an amount to be determined
by the Borough Engineer, said bond to be conditioned upon the filling
and paving of all street openings and the restoring of them to their
original level and condition within 15 days after completion of the
projects specified in the permit, and, further, upon the proper maintenance
of said project for two years after completion and repaving.
A.
It shall be unlawful to make any such excavation or
tunnel in any way contrary to or at variance with the terms of the
permit therefor. Proper bracing shall be maintained to prevent the
collapse of adjoining ground, and protection of workers shall be in
accordance with the regulations of the New Jersey Department of Labor
and Industry and the Occupational Safety and Health Administration;
and in excavations, the excavation shall not have anywhere below the
surface any portion which extends beyond the opening at the surface.
[Amended 12-15-1983 by Ord. No. 1983-54]
B.
No injury shall be done to any pipes, cables or conduits
in the making of such excavations or tunnels; and notice shall be
given to the persons maintaining any such pipes, cables or conduits
or to the Borough department or officer charged with the care thereof,
which are or may be endangered or affected by the making of any such
excavation or tunnel, before such pipes, cables or conduits shall
be disturbed.
D.
Safety.
[Added 12-15-1983 by Ord. No. 1983-54]
(1)
The person performing an excavation within the Borough
street or right-of-way shall continuously protect pedestrian and vehicle
traffic during the course of the work under which the permit has been
granted. Reflective barrels, blinking lights, warning signs, flagmen,
uniformed traffic officers and all other manpower and equipment as
required or directed by the Borough Police Department, Engineer, Road
Superintendent or other Borough official shall be provided.
(2)
The work area shall be continuously passable by all
emergency vehicles during all phases of the work.
(3)
In the event that the work requires the detour of
the vehicular traffic, the person in possession of the permit shall
submit a detour plan for review and approval by the Borough Police
Department prior to the implementation of the work.
If any sidewalk is blocked by any such work,
a temporary sidewalk shall be constructed or provided, which shall
be safe for travel and convenient for users.
A.
Any person, firm or corporation making any excavation
or tunnel in or under any public street, alley or other public place
in the Borough shall restore the surface to its original condition
if there is no pavement there. Refills shall be properly tamped down,
and any bracing in such tunnel or excavation shall be left in the
ground.
B.
Any opening in a paved or improved portion of a street
shall be repaired and the surface relaid by the applicant in compliance
with the following schedule of pavement restoration and with the ordinances
of the Borough and under the supervision of the Superintendent of
Streets and Roads or the lead person of said Department, whoever shall
be designated or available:
[Amended 12-17-1980 by Ord. No. 1980-49; 12-15-1983 by Ord. No. 1983-54]
(1)
Bituminous concrete.
(a)
The edges of the excavated roadway shall be
neatly trimmed to a clean vertical edge. Bituminous-concrete stabilized
base complying with the requirements of New Jersey Department of Transportation
Standard Specifications, latest revision, shall be placed to a minimum
compacted thickness of six inches on top of the specified backfill
material. The stabilized base shall be placed in two lifts, minimum,
and compacted to its optimum density.
(b)
The top course of bituminous concrete shall
be FABC-1 as specified in the New Jersey Department of Transportation
Standard Specifications, latest revision. The FABC-1 shall be placed
in a minimum compacted thickness of 1 1/2 inches and compacted
to its optimum density.
(c)
The vertical edge shall be tack-coated with
asphaltic oil, Grade RC-D, or emulsified asphalt, Grade RS-1, as specified
in the New Jersey Department of Transportation Standard Specifications,
latest revision.
(2)
Portland cement concrete roadway.
(a)
The edges of the excavated roadway shall be
neatly trimmed to a clean vertical edge. Welded-steel-wire fabric,
six by six inches, No. 6 gauge minimum, shall be placed in the excavation
on top of the specified backfill material and tied to the existing
roadway reinforcement exposed at the excavation vertical.
(b)
The portland cement concrete shall be air-entrained,
4,000 pounds per square inch, twenty-eight-day strength minimum, poured
to a minimum depth of nine inches. The concrete shall be floated and
finished with a stiff broom.
(3)
Temporary pavement.
(a)
When the roadway excavation restoration is to
be performed during seasonal periods which are not conducive to the
placement of bituminous concrete or portland cement concrete, the
applicant shall provide temporary pavement restoration on top of the
specified backfill material until such time as suitable climatic conditions
exist to effect the permanent restoration.
(b)
The temporary pavement shall consist of the
placement of a minimal compacted thickness of four inches of cold-mix
bituminous concrete Type HA or HT, in accordance with New Jersey Department
of Transportation Standard Specifications, latest revision.
(c)
It shall be the applicant's responsibility to
continuously maintain this temporary pavement as directed by the Borough
representatives.
(d)
Prior to effectuating the permanent repairs,
the temporary pavement shall be completely removed, and the disturbed
backfill material recompacted.
(4)
Bituminous concrete overlaid portland cement concrete
roadway. When excavations are made in bituminous concrete overlaid
portland cement concrete roadways, the requirements for replacement
shall be in accordance with the specifications for portland cement
concrete roadways, with a top course of bituminous concrete of the
same thickness as the existing overlay complying with the specifications
for same.
C.
Backfilling.
[Amended 12-17-1980 by Ord. No. 1980-49; 12-15-1983 by Ord. No. 1983-54]
(1)
The backfilling of any excavation shall be done with
Type 1, Class C, soil aggregate in accordance with New Jersey Department
of Transportation Standard Specifications, latest revision, for bank-run
sand and gravel. The backfill shall be placed in lifts which can be
compacted to a standard proctor density of 95%.
(2)
The backfill material and method of compaction shall
be subject to the approval of the Superintendent of Streets and Roads.
Under no circumstances shall wet or frozen material be used as backfill.
Backfill containing organic material, brick, rock, tile or demolition
rubble is also unacceptable as backfill.
In the event the applicant does not restore
the ground and lay the pavement in the manner and within the time
provided for herein, then the Borough shall properly restore said
ground and lay said pavement, charging the expense thereof to the
deposit, if any, posted by the applicant. The deposit or balance thereof
after proper compliance with this article shall be returned to the
applicant without interest.
Any person who shall make an excavation or opening
in or upon any street for any of the purposes aforesaid shall maintain
sufficient and appropriate guards, barriers and signals and otherwise
exercise such reasonable precaution in the area as may be necessary
to avoid damage to property and injury to persons.
The Borough of South River shall not be liable
for damages for any personal injuries or damage to property sustained
as the result of any excavation or opening in any street made by any
person by virtue of the provisions of this article.
