[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Editor's Note: This ordinance repealed and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.
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.
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.
