Borough of Allendale, NJ Street Openings and Excavations

No person or corporation, public 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 Allendale without first obtaining a road opening permit from the Director of Operations.

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.

Permits under this article shall expire as outlined in § 233-11A(2) of this article following issuance of the permit. If work has not been completed within the prescribed 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 article.

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 Allendale or under a contract with the Borough for the construction of utilities/infrastructure or street improvements.

No permit applicant shall begin work until he/she 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. 48:2-73, the "Underground Facility Protection Act."

Nonopening of road. No street, road or paved area constructed, reconstructed or repaved within three 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.

No Borough street shall be excavated between November 1 and March 30 without prior approval of the Public Works Committee of the Mayor and Council.

§ 233-10 Application requirements; review; issuance of permit.

Form.

Application for a permit shall be made in writing on forms to be prescribed by the Borough of Allendale and issued by the Director of Operations and shall be filed at least two weeks 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.

Additional information.

(a)

Applications for extensive openings shall require, in addition to the above, information regarding:

[1]

All improvements;

[2]

Typical details and sections of construction procedure;

[3]

Plans, profiles and other details necessary to accurately depict the work.

(b)

Standard details used by public utilities and accepted and approved by the Director of Operations or the Borough Engineer may be used to satisfy the requirements of § 233-14.

No work may commence by the permittee until the date set forth in the issued permit.

Emergency road opening.

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 Allendale 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.

(c)

All work is to be performed in accordance with the provisions of §§ 233-11, 233-12, 233-13 and 233-14.

(d)

The Director of Operations 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 Allendale shall be notified prior to the start of work, and the Director of Operations or the Borough Engineer shall be notified on the morning of the first business day thereafter.

The Mayor and Council reserve the right to issue a written stop-work order upon the advice of the Director of Operations or Borough Engineer.

Review of the application. Prior to the issuance of a permit, copies of the application therefor shall be referred to the Director of Operations 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.

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.

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 Allendale, to accommodate the installation of Borough facilities. Such agreement shall be in writing and contained on the face of the application form and permit.

Issuance. Street opening permits shall be issued by the Director of Operations once reviewed and approved as provided herein; provided, however, that no permit shall be issued until an application fee and an engineering fee, as described in § 233-16 of this article, have been paid to the Borough Chief Financial Officer.

§ 233-11 Work requirements.

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 Allendale road opening permits, except as supplemented below.

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, 2009 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 requested 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 the start of work.

Any work under an issued permit must be commenced within two months from the date of issue and completed within 30 days from commencement, or said permit shall be deemed void, and reapplication shall be required. The Director of Operations or the Borough Engineer may grant up to a single forty-five day completion extension past the original permit expiration date.

Work commenced under a permit shall be continued expediently during normal working hours until completed.

The applicant shall notify the Director of Operations or the Borough Engineer 24 hours in advance of the actual commencement of any work on an opening.

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 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.

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.

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 72 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.

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 Director of Operations 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/her 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, Director of Operations and Borough Engineer or their designated representatives.

§ 233-12 Repair and cleaning of streets and property.

The permittee shall be liable for any damage to the roadway leading to or adjacent to the work site.

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.

§ 233-13 Inspections.

The Director of Operations 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 Mayor and Council may, upon the recommendation of either of them:

Order a temporary stop to any road paving.

Order that the applicant perform or correct work in accordance with the direction of the Borough.

Order a stop to any work and revoke the permit, in which event the Borough of Allendale 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.

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.

(5)

Take any other action deemed reasonable under the circumstances to protect the Borough's interests.

§ 233-14 Specifications.

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.

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 1-5, dense-graded aggregate, or other material as approved by the Director of Operations or Borough 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.

Upon completion of the proper backfill compaction, a six-inch layer of bituminous stabilized base Mix I-2 shall be utilized in two lifts of three 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.

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.

The applicant must install and maintain temporary line striping and pavement markings.

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.

After a reasonable settlement period not to exceed nine months, 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 as determined by the Director of Operations or Borough Engineer.

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 fine aggregate bituminous course top mix.

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.

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.

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.

Specifications for infrared restoration.

The purpose of this specification is to establish a consistent and standard process for infrared paving applications and to ensure the quality of infrared restoration for road openings.

The contractor shall provide all materials, equipment and labor required to perform a seamless, to-grade, permanent infrared restoration.

The infrared contractor shall provide fine aggregate base course 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.

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 to 10 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.

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 materials.

§ 233-15 Insurance and security.

Insurance.

The applicant shall present evidence satisfactory to the Borough Attorney and Borough insurance agent 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 Director of Operations or the Borough Engineer may request additional insurance if it is deemed necessary under the circumstances.

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.

Security.

The Director of Operations shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Allendale 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 § 233-16 of this article.

In lieu of the security deposit required above, a public utility applicant may file with the Chief Financial Officer a corporate performance bond or surety bond in the amount of $20.

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 Director of Operations or Borough Engineer of the completion of the work under the permit.

§ 233-16 Fees.

Fees shall be as follows:

Application fee, nonrefundable:

Road opening; boring, tunneling or driving under road; curb, gutter, apron, sidewalk or driveway: $200, except as provided hereinbelow for an extensive opening.

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 Director of Operations.

Security deposit for guaranteeing restoration of paved area, curb, sidewalk, driveway or grass area:

Road opening; boring, tunneling or driving under road; curb, gutter, apron, sidewalk or driveway: $1,000, except as provided hereinbelow for an extensive opening.