[Adopted 6-19-2006 by Ord. No. 06-06[1]]
[1]
Editor's Note: This ordinance repealed and replaced former Art. IV, Street Openings and Excavations, adopted 8-29-1988 by Ord. No. 1070 (§§ 175-65 to 175-86 of the 1982 Code), as amended.
No person, company, firm or corporation shall remove, excavate, dig or in any way disturb the surface of any street for any purpose without first obtaining a written permit for so doing from the Building Department. A street shall be defined as set forth in § 250-2.[1] No person shall make an excavation in, or tunnel under, any street without the necessity of the issuance of a permit. Where an emergency has arisen which makes it necessary to commence work immediately, provided that the application for a permit is filed with the responsible municipal official no later than the commencement of work together with an estimate of fees required and estimated performance guarantee, provided further that such procedure may be delayed until the next business day succeeding the commencement of work where the emergency arises subsequent to the departure for the day of the responsible municipal official. The permit, when issued, shall be retroactive to the date on which the work has begun.
[1]
Editor's Note: See Ch. 250, Zoning.
Application for a permit shall be made to the Building Department and shall contain the following information:
A. 
Name and address of the applicant.
B. 
Name of the street where the opening is to be made and the street number(s), if any, of the abutting properties.
C. 
The Borough of Leonia tax map block and lot number(s) of the properties for the benefit of which the opening is to be made.
D. 
Nature of the surface in which the opening is to be made.
E. 
Character and purpose of the work proposed.
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the estimated dimensions of the opening and the period during which the permit shall be valid and the date by which the temporary surface restoration must be made. The original of each permit shall remain on file with the Director.
Fees shall be paid simultaneously with the submission of the permit application. Applicants shall be charged a permit fee of $100 for each opening permit, or such higher fee as is set forth in Chapter 123. In addition, the applicant shall be required to post a performance guarantee in the form of cash or an approved surety bond in the amount of $1,000, provided that the estimated dimensions of the opening are 120 square feet or less, and in the amount of $1,000 plus $10 per square foot for each square foot of openings estimated to exceed 120 square feet, to insure the restoration of the street in accordance with the requirements of this chapter. A public utility company in lieu of giving a separate bond for each project may annually, once in January of each year, post a bond for each project in the amount of $10,000 sufficient to encompass the estimated work performed by said utility during the ensuing calendar year. In the event that the actual street opening work exceeds the posted bond amount, additional bonds and/or cash security will be required.
All permits issued under this section shall be subject to the following rules and regulations:
A. 
All excavations shall be kept properly barricaded by the permittee at all times. No excavation work area shall be open overnight. This regulation shall not excuse the permittee from taking any other reasonably necessary precaution for the protection of persons or property.
B. 
All work shall be done in such a manner as to cause a minimum of disruption to the community at large.
C. 
No work shall be done in such a manner as to interfere with any water main or sewer line, or any connection with either of the same, from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Director. No work shall be carried on in such a manner as to result in destruction or damage of any property of the Borough unless this is necessary for completion of the work and permission has been obtained in advance from the Borough department or agency having jurisdiction over such property.
D. 
Pavement shall be cut with mechanical pavement cutters, saws or other like tools. The edges of the opening shall be kept as square and clean cut as possible. The paved roadway surfaces shall be cut vertically on a straight line at least 12 inches beyond the outer limits of the trench before excavating to avoid undermining the adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface and in such a manner and to such depth and width as will give suitable room for bracing and supporting, pumping and drainage at the permittee's discretion.
E. 
All applications for excavations exceeding four feet in depth shall be accompanied by engineering documents showing how the excavation will be supported from side wall collapse and how adjacent property and structures shall be protected.
F. 
No trench may be backfilled until such time as the Superintendent of Public Works or his designee has inspected the subterranean installations and approved same.
G. 
All excavations shall be completely backfilled at the end of each working day by the permittee. As much as possible of suitable material excavated modified proctor density. Consolidation will not be acceptable as a method to achieve the soil densities specified. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Director determines that any backfilled excavation has settled or caved in, he shall so notify the permittee who shall promptly continue backfilling until the Director determines that settlement is complete.
H. 
All required utility mark outs, including the Borough if necessary, should be done in a timely fashion, specifically before excavation takes place.
Restoration of the various roadway surfaces shall be in accordance with the following rules and regulations.
A. 
Bituminous concrete roads.
(1) 
Following compaction, the permittee shall install no less than six inches of dense graded aggregate followed by eight inches of bituminous stabilized base course to the trench. If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate followed by eight inches of bituminous stabilized base course in the entire area.
(2) 
The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. The permittee shall have the responsibility to monitor and maintain the trench so that a depression does not develop. If at any time during the settlement period the trench becomes unacceptable in the view of the Department of Public Works or Borough Engineer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 24 hours.
(3) 
Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in this article and install no less than two inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous concrete surfaces and a hot-poured, rubber asphalt joint sealer per Section 908 of DOT Standard Specifications for Roads and Bridges.
(4) 
All longitudinal excavations shall require milling and restoration of the excavation work area extending from the curb or edge of pavement to the center line of the road and/or a minimum of one foot beyond the outer edges of the excavation. Individual excavations less than 120 square feet shall be restored via the "infrared" method. If square excavations are located within 50 feet on center, full curb-to-center line restoration for the entire distance between excavations shall be required.
(5) 
The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line stripping, etc. that are affected by the excavation and restoration work.
(6) 
With Department of Public Works written approval, the center line of road milling and restoration may be offset by the distance necessary to avoid disturbing the existing line striping or markers.
B. 
Concrete roads.
(1) 
Following compaction, the permittee shall install no less than six inches of base.
(2) 
The permittee shall install No. 3 longitudinal and transverse reinforcing bars as shown on Detail B (two rows spaced four inches apart). Steel dowels (18 inches long, 1 c ) shall be set in predrilled holes in the existing concrete pavement spaced every two feet along the cut edge. Following approval by the Borough Engineer, the permittee shall then follow with eight inches of 4,000 psi concrete, bringing the finished trench to grade. If concrete has been overlaid with asphalt, the same thickness of asphalt present (minimum two inches) shall be installed.
(3) 
The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work.
C. 
Granite paver crosswalks and intersections.
(1) 
Following compaction, the permittee shall install no less than six inches of dense graded aggregate base course to the trench. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate base course in the entire area.
(2) 
The permittee shall follow with matching brick pavers approved by the Department of Public Works, 2 1/4 inches thick on a one-and-one-half-inch sand setting bed leaving a separation for swept-in sand.
(3) 
The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work.
A. 
There will be no street opening work permitted on Saturday or Sunday in accordance with this article unless it is an emergency.
B. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Director, must be kept in the possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Borough or to any police officer of the Borough.
C. 
Revocation of permit. The Superintendent of Public Works or the Construction Code Official may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this section or any other applicable law, ordinance, regulation or code.
(2) 
Violation of any condition of the permit issued.
(3) 
Carrying on the work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
(4) 
When any permit is revoked, the Superintendent of Public Works or Construction Code Official may provide in his decision that the revocation shall not become effective if the permittee corrects the conditions which led the Director to move to revoke the permit.
The Borough may make any rules and regulations which it considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provisions of this article, or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulation shall be effective unless they shall be approved by resolution of Borough Council. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit regarding any work performed.
Any person, company, firm or corporation who has applied and received approval before the Planning or Zoning Board of the Borough shall apply for the permit required under this article and shall pay the appropriate fee. Prior to granting approval to any applicant, the Planning or Zoning Board must consult with the Superintendent of Public Works and/or Construction Code Official regarding any activity. Such work shall be performed under the authority of the Borough Engineer. Additional escrow fees necessary under this section shall be determined at time of permit application.
The following requirements shall pertain to every applicant for a street opening permit:
A. 
Every application for a street opening permit must be accompanied by a certificate of insurance demonstrating that the applicant possesses personal injury liability insurance in the amount of $1,000,000 combined single limit and property damage liability insurance in the amount of $500,000 per occurrence. Said insurance shall be maintained by the permittee during the period of construction. Utility companies may file an annual certificate showing proof of coverage.
B. 
Every application for a street opening permit shall contain an agreement by the applicant, in writing, to indemnify and hold harmless the Borough of Leonia, its agents, servants and employees, including its reasonable attorney's fees, resulting from any damage or liability, sustained by any person or property arising out of the activities of the permittee or its agents, servants and employees in conjunction with the work authorized by said street opening permit.
No performance guarantees will be returned until such time as the Director has satisfied himself that the permittee has complied with all of the requirements of this chapter relative to opening, backfilling and restoration of the street surface.
Forth-eight hours prior to the commencement of work, the permittee shall notify the Construction Code Official or Superintendent of Public Works and request that an inspector be present to observe the excavation and restoration. The permittee shall also call for a utility markout prior to undertaking any excavating activity.
At the time of submission of the permit application, a nonrefundable inspection fee of $150 for each opening permit, or such higher amount as may be set forth in Chapter 123, shall be deposited with the Borough of Leonia to defray the cost of inspections.
Performance bond will be released when final pavement restoration is approved by the Department of Public Works. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. As such, the Borough shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year period. If an inspection reveals that the restored excavation area becomes unacceptable, the Department of Public Works shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair trench within this time limit, the Borough will utilize the permittee's cash retainage and maintenance bond to pay for the cost of the repairs. Upon termination of the two-year maintenance period, any remaining portions of said maintenance bond that has not been expended shall be returned to the permittee without interest.
A. 
Notice of improvements. Before any street is improved or paved, the Borough shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. Such notice shall state that all connections and repairs to utilities in the street and all other work which requires excavation of the street, including the installation of sewer laterals and other utility connections from sewer, gas or water mains to the curbline of unimproved lots, shall be completed within 30 days of the receipt of notice. The time for the completion of work may be extended, in writing, by the director upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in this article, except that there will be no requirement of posting a performance guarantee for the street restoration.
B. 
Restrictions on excavation.
(1) 
For a period of three years following the completion of the street improvements causing notice to be issued pursuant to this article, no person to whom such notice was given shall be issued a permit to excavate the newly improved street unless its issuance is approved by the Superintendent of Public Works, in consultation with the Borough Engineer.
(2) 
Subsection B(1) shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given, or where the public health or safety requires the performance of the street opening.
A. 
Any person violating any provision of this chapter shall be subject to a fine pursuant to Leonia Fees chapter, Chapter 123.
B. 
In addition to any fines authorized by this chapter, any person who violates any provision of this chapter shall be liable to pay restitution to the Borough for all of its costs to repair or restore the street in accordance with the standards set forth in this chapter, as well as its costs resulting from enforcement of any provision of this chapter, including but not limited to costs of suit, including reasonable attorney's fees, witness fees and costs of investigation.