[Adopted 4-15-1997 by Ord. No. 97-7]
As used in this article, the following words or phases shall have the meanings indicated herein:
BLOCK
The area of a street between the nearest two cross-streets.
[Added 12-16-2014 by Ord. No. 2014-15]
CARTWAY
The actual road surface area from curbline to curbline, which may include travel lanes and parking lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.
[Added 12-16-2014 by Ord. No. 2014-15]
DISTURBED AREA
The area of the proposed street opening.
[Added 12-16-2014 by Ord. No. 2014-15]
EFFECTIVE ACCEPTANCE DATE
January 1 of the year following actual acceptance by the Borough of a paved cartway.
[Added 12-16-2014 by Ord. No. 2014-15]
OPENING
Includes removing, digging in, disturbing, excavation or taking up any surface, pavement or road in any road or street as defined by this article.
PARKING LANE
A lane usually set on the side or sides of a travel lane, designed to provide on-street parking.
[Added 12-16-2014 by Ord. No. 2014-15]
PAVEMENT
Includes the regularly traveled portion of any street or roadway for which the Borough is responsible, being constructed by bituminous concrete, portland cement concrete, macadam or other materials.
PERMITTEE
A person (as defined herein) holding a permit to do the work which is regulated by this article.
PERSON
A person, corporation, partnership, association or any other organization.
PUBLIC UTILITY
Any public utility as defined in N.J.S.A. 48:2.13, as amended.
ROAD or STREET
Any road or street, including sidewalks, curbs and shoulders thereof, in the Borough of East Rutherford for the maintenance of which the Borough of East Rutherford is responsible.
SHOULDER
Includes that area within the street right-of-way adjacent to the existing pavement as described above and available for use by vehicular traffic.
TRAVEL LANES
The portion of the cartway used for vehicular travel.
[Added 12-16-2014 by Ord. No. 2014-15]
A. 
No person shall make any excavation, tear up or place or conduct construction in, over or upon any road or street in the Borough of East Rutherford or otherwise endanger, disturb or obstruct the normal flow of traffic or normal flow of surface water by the placing of any barricade, structure, material or equipment not designated normally to be operated, placed or used on a road or street without first obtaining a written permit approved by the Borough Engineer, which shall be issued by the Construction Official upon payment of such fees as required by this article and complying with all the terms and conditions of this article.
[Amended 12-16-2014 by Ord. No. 2014-15]
(1) 
Before a permit is issued, application must be made therefor upon forms provided by the Borough, which are available at the Department of Public Works or in the office of the Borough of East Rutherford Construction Official. The applications shall be accompanied by four sets of drawings satisfactory to the Borough Engineer and Construction Official, showing all details of any structure, pipes, ducts, wires, cables or other facilities being installed, replaced or repaired in the road or street or shoulder of any road or street being altered.
(2) 
Every permit shall specify the name and residence of the applicant, the place and places at which the work is to be done, the character of the work, the Borough Tax Map block and lot number of the property for the benefit of which the opening is to be made and the time within which such work is to be completed and other such information as required by the Borough Engineer or Construction Official. A permit issued shall be valid only for the place, time period and character of work specified in such permit.
B. 
No permit shall be issued for work on a newly constructed street, which street shall have been constructed after the passage of this article, for a period of five years from the date of acceptance of such construction, except in cases of emergency as described in § 257-23, or as otherwise authorized by the Mayor and Council. Ninety days prior to the start of construction of permanent pavement on any street, the Construction Official shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Chief, and the Fire Chief of such construction and of the provisions of this section. Sidewalks shall be exempt from the provisions of this section.
[Amended 12-16-2014 by Ord. No. 2014-15]
C. 
The following provisions shall apply to certain street opening permits:
[Amended 12-16-2014 by Ord. No. 2014-15]
(1) 
If, by action of the Mayor and Council, a permit is issued to open any paved and improved street surface less than seven years from the pavement's effective acceptance date, a penalty charge shall be made for the opening, provided that such penalty shall be waived by the Borough Engineer in the event the work is of an emergency nature. The penalty charge shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the seven-year restricted period. The cost of restoration and the validity of any claim of an emergency shall be determined by the Borough Engineer. The minimum penalty charge shall be $1,000.
(2) 
All street openings, excavations and restorations thereof shall be made under the standards established in this chapter and shall be subject to the directions and inspections of the Borough Engineer. The Borough Engineer fee shall be charged to the inspection escrow established in § 257-15.
(3) 
All persons performing a street opening shall be registered as a contractor with the Borough pursuant to Chapter 130 of this Code.
D. 
Denial of permit.
(1) 
The Borough Engineer is authorized to refuse the issuance of any such permit if such refusal is in the interest of public safety, public convenience or public health. In the event that any permit shall be refused by the Borough Engineer, an appeal may be taken to the Mayor and Council. The Mayor and Council, after hearing the applicant and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Borough Engineer.
(2) 
No permit shall be granted in the event that there are currently outstanding two permits for construction in an area within a one-block radius of the permit application site. The permit shall not be granted until such time as work pursuant to one or more of the outstanding permits has been satisfactorily completed in accordance with the terms of this article.
E. 
No work permit will be issued for work that requires blasting.
F. 
Power to make additional rules and regulations. The Borough Engineer, subject to the approval of the Mayor and Council, may make any rules and regulations which he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be approved by resolution of the Borough Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[Amended 12-16-2014 by Ord. No. 2014-15]
[Amended 12-16-2014 by Ord. No. 2014-15]
Prior to the issuance of an permit for excavation below pavement grade, the applicant shall file a certificate of insurance with the Construction Official certifying that there is in full force and effect liability and property damage insurance for the protection of the applicant, the Borough or its agents and employees connected therewith from any and all claims for personal injury, including accidental death and for property damage, in minimum amounts of $500,000 to $1,000,000 for bodily injury and $100,000 for property damage.
A. 
No person shall be granted a permit to open any street or perform any work as described in this article on or in a street or road until and unless there shall be deposited with the Construction Official, by certified check, an amount sufficient to secure the cost of repairing and replacing such street or other surfaces or appurtenances within the street area as may be determined by the Construction Official. Such sum shall be forwarded to the Borough Treasurer, and the minimum amount deemed sufficient for such purposes shall be $1,000, and such deposit shall be held for a period of 90 days. Any person may file a performance surety bond in the amount stated herein to secure the cost of repairing and replacing such street or other surfaces or appurtenances within the street area in the manner as herein provided.
[Amended 12-16-2014 by Ord. No. 2014-15]
B. 
Each bond filed pursuant to this article shall be in a form satisfactory to the Borough Attorney.
[Amended 12-16-2014 by Ord. No. 2014-15]
A. 
In addition to the deposit or bond as provided in § 257-14, each applicant for a permit shall pay the following fees for the purposes of issuance of the permit, examination of drawings, and as an initial deposit for the administration and inspection of work:
(1) 
Small opening fee. For an opening of not more than eight square feet: a combined application, administration, and inspection fee of $180.
(2) 
General fees. For an opening of greater than eight square feet:
(a) 
Application fee: $100; plus.
(b) 
Engineering fee: $250; plus.
(c) 
An initial deposit towards engineering inspection costs of $250 for the first 15 square feet and $10 for every square feet thereafter.
[Amended 5-21-2019 by Ord. No. 2019-11]
(3) 
Notwithstanding Subsection A(2) above, if the work to be done is described in § 257-12C(2), then the engineering fee and the inspection fee shall be calculated by the applicant and submitted to and approved by the Borough Engineer.
B. 
Should any additional costs be incurred by the Borough due to the permittee's operations or negligence, including administrative, engineering, inspection and legal costs, the permittee shall reimburse the Borough for all costs incurred. The permittee shall be required to post adequate funds in escrow to reimburse the Borough for costs of the Borough Engineer's inspection. Any excess moneys shall be remitted to the permittee upon approval and acceptance by the Borough Engineer of all final, permanent restoration work in accordance with the standards set forth herein. All costs shall be paid by the permittee prior to the issuance of a permit by the Borough Engineer, as provided herein.
[Amended 12-16-2014 by Ord. No. 2014-15]
No such security deposit, certified check or performance surety bond shall be released by the Construction Official until all repairing and replacing of streets or other surfaces or appurtenance within the street are completed fully to the satisfaction of the Borough Engineer, all fees have been paid, as provided by this article, and there shall be compliance with all other provisions of this article. In no event shall any such security deposit, certified check or performance surety bond be released without obtaining written approval thereof by the Borough Engineer. However, no such approval of the Borough Engineer shall be given for a period of three months from the completion of such work.
[Amended 12-16-2014 by Ord. No. 2014-15]
A. 
Unless otherwise directed by the Borough Engineer, the following procedures shall govern the street opening process:
(1) 
The permittee shall provide 48 hours' notice of the start of the street opening to the Borough Engineer.
(2) 
All excavations within paved surfaces shall be preceded by the sawcutting of the surface.
(3) 
Forty-eight hours prior to the commencement of the backfilling, the Borough Engineer shall be notified by the permittee.
(4) 
The permittee shall provide access for the Borough Engineer to perform the required inspections. The inspections performed by the Borough Engineer do not relieve the permittee's responsibilities to perform all work in accordance with the provisions of this article.
(5) 
The permitee must notify the Borough Engineer at least 24 hours prior to close of the trench.
B. 
Unless otherwise directed by the Borough Engineer, the following specifications shall govern the street opening process:
(1) 
All road, shoulder and driveway openings shall be backfilled with material meeting the requirements of the NJDOT dense graded aggregate (DGA) unless otherwise specifically permitted by the Borough Engineer. The backfill shall be tamped in twelve-inch layers with a mechanical tamper and made thoroughly compact, firm and unyielding as backfilling progresses. The backfill material shall be brought to eight inches from the finished surface in roadway areas.
(2) 
All material not suitable for backfill and all excess backfill material shall be removed from the site. The proper disposal of excavated material shall be the sole responsibility of the permittee.
(3) 
Temporary pavement of eight inches of bituminous stabilized base course (I-2 or Borough Engineer approved equal) shall be placed in the opening in two lifts and separately compacted so as to provide a smooth surface. A thin tack coat shall be applied to the sides of the existing pavement.
(4) 
The contractor or owner performing construction shall enclose or cover by tarpaulin or other suitable means all sand, gravel and other construction materials stored on the property or any portion of the street or sidewalk whenever the contractor or owner doing construction is not engaged in construction and take all necessary steps to prevent dislodging or washing of construction materials from their stored site onto the sidewalks, streets or adjacent property in the Borough or into any public sanitary or storm sewer or catch basins in the Borough. The contractor shall not store any material within the right-of-way unless specifically authorized by the Borough Engineer and police.
(5) 
The holder of the permit shall guard the excavation or excavations by the erection of suitable barriers by day and the maintenance of suitable lights by night. The Borough Engineer and/or police may require additional security measures as required for public welfare. Under no circumstances shall an open trench remain open overnight. All open trenches shall be temporarily backfilled or sufficiently plated with steel plates anchored to the existing street.
[Amended 12-16-2014 by Ord. No. 2014-15]
Unless otherwise directed by the Borough Engineer, upon completion of the opening and backfill, the following specifications shall govern the maintenance and repair of street openings by the permittee:
A. 
The permittee shall notify the Borough Engineer at least 24 hours prior to final repair of the trench.
B. 
The following table shall define the scope of the required street restoration, which shall be subject to the standards of Subsection C.
Elapsed Time from Effective Acceptance Date to Date of proposed Work
(years)
Size of Opening in Travel of Parking Lane
(square feet)
Required Final Repair
Less than 7
Less than 16
Infrared road opening repair to the extent determined by the Borough Engineer
Less than 7
More than 16 but less than 25% of the block
Perform a 2-inch mill and 2-inch overlay between the curbline and center line of the roadway; if the permit extends to the next block or fraction of the next block, the repaving will include the full block area from curb to center line
Less than 7
More than 16 and 25% or more of the block
Perform a 2-inch mill and 2-inch overlay between the curblines of the roadway; if the permit extends to the next block or fraction of the next block, the repaving will include the full block area from curb to curb
More than 7
Any size
To be repaired as required by § 257-18C
C. 
The final repair of the street opening shall meet the following standards:
(1) 
Six inches of bituminous stabilized base course shall be placed and compacted so as to provide a smooth surface. A thin tack coat shall be applied to the sides of the existing pavement.
(2) 
The permittee shall maintain pavement openings to the existing grade by the addition of bituminous concrete as required by this chapter. Should the permittee fail to do so in the opinion of the Borough Engineer, the Borough Engineer shall notify the Construction Official of such failure, and the Construction Official shall, upon 24 hours' notice, whether oral or written, to the permittee, order such conformity with this chapter or such repair or any such work deemed necessary and proper by the Borough Engineer and/or Construction Official, whereupon the Department of Public Works of the Borough shall commence such work, and the cost thereof shall be deducted from deposits received under § 257-14 hereof. If sufficient funds are not available, the permittee will be notified immediately.
(3) 
When, in the opinion of the Borough Engineer, settlement in the pavement opening has ceased, the bituminous concrete surface course and base course shall be removed to the required depth and the edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool, and a permanent pavement shall be installed in the following manner. There shall be no varying width in the final repair. The edges of the existing pavement shall be painted with asphaltic oil, and hot-mixed bituminous concrete pavement shall be installed consisting of six inches of a New Jersey Department of Transportation approved bituminous stabilized base course mix (I-2 or Borough Engineer approved equal), and two inches of a New Jersey Department of Transportation approved bituminous concrete surface course mix (I-5 or Borough Engineer approved equal).
(4) 
For openings in reinforced concrete pavement when the settlement in the temporary pavement has ceased, the temporary pavement shall be removed to the required depth and permanent pavement shall be installed. The edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool to expose the existing reinforcement steel. There shall be no varying width in the final repair. New steel of the same size as the existing steel shall be wired to the existing steel with a six-inch overlap. New concrete, 2,500 psi, eight inches thick, shall be installed to complete the permanent repair.
(5) 
Driveway openings shall be replaced in kind, and the appropriate specifications for the shoulder openings or pavement openings shall govern replacement of same.
(6) 
Adequate provision, as approved by the Borough Engineer, shall be made to maintain and restore drainage facilities.
(7) 
In the event that the street opening requires removal of a portion or the whole crosswalk, the permittee is required to replace the existing crosswalk strip from curb to curb in its entirety. In the case where the crosswalk being disturbed is other than striped, for example, stamped or textured asphalt or pavers or bricks on a concrete base, the entire crosswalk and, if applicable, the sidewalk area, shall be removed and replaced in kind, including the striping, pursuant to details approved by the Borough Engineer.
All provisions of this article, except §§ 257-14 through 257-16, shall apply to state, county or municipal authorities in addition to all persons described herein, as well as to contractors performing work in Borough streets under construction contracts with such state, county or municipal authorities, and such contracts shall contain provisions and specifications to ensure compliance with the provisions of this article.
[Amended 9-15-2009 by Ord. No. 2009-15]
A. 
Warning devices.
(1) 
Every person making an excavation shall be required to place and maintain suitable warning devices, precaution notices, barriers and lighting devices pursuant to the requirement of Title 39 of the Revised Statutes of the State of New Jersey and amendments thereto, and such additional safety warning devices as deemed suitable by and in the opinion of the Borough Engineer, Chief of Police (or his designee), or Construction Official.
[Amended 12-16-2014 by Ord. No. 2014-15]
(2) 
In addition to any other provision of this article or any state regulation or law or any other provision of any Borough of East Rutherford ordinance or chapter of this Code, any person performing excavation work or roadway construction within 2,000 feet of any school (public or private) located in the Borough of East Rutherford shall have an adequate number of traffic directors or flagmen as determined by the Borough of East Rutherford Police Department to provide for the safety of all pedestrians, including school children, and for the expeditious movement of traffic; and the public school affected through the Borough of East Rutherford Board of Education or the private school within said 2,000 feet, as the case may be, shall be notified of such work seven days in advance of such work by the Borough of East Rutherford Police Department and the person(s) performing such work.
B. 
All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public and occupants of adjoining property. Where fewer than two complete traffic lanes are maintained, flagmen shall be employed. Where an excavation extends the full width of a street, only 1/2 of such street shall be open and backfilled prior to opening the remaining 1/2.
C. 
When work is being conducted on roadways with only one travel lane, the contractor shall notify the Police Department 48 hours in advance of the work's commencing in order to establish an emergency no-parking area, if necessary.
D. 
All persons making excavations in the street shall inquire of the Chief of Police to determine if flagmen or detours of traffic are needed or the work is to be scheduled in order to minimize disturbance of the normal traffic flow.
E. 
Preconstruction meeting.
(1) 
It shall be the responsibility of the person, contractor, or public utility wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the East Rutherford Police Department in order to arrange a preconstruction meeting in order to submit plans for the safe movement of traffic during such period of construction work. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the Traffic Bureau of the East Rutherford Police Department is in violation of this section.
(2) 
Public utilities conducting routine maintenance work expected to require less than one day need not comply with the preconstruction meeting requirements.
F. 
Prior to the start of any work, the person, contractor, or utility shall provide the Traffic Bureau of the East Rutherford Police Department with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site. If for any reason the emergency contact cannot be reached, or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous condition. The reasonable fees for such emergency service by the Borough shall be charged to the person.
G. 
There shall be no construction, maintenance operations or utility work on any roadway in the Borough before the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Traffic Bureau of the East Rutherford Police Department. If it is determined by the officer in charge of the Police Traffic Bureau that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. to 4:00 p.m.
H. 
Road closings and/or traffic detours shall not be permitted unless approved by the East Rutherford Police Department.
I. 
Traffic directors shall be posted at all construction or maintenance sites when determined by the East Rutherford Police Department that same are necessary to provide for the safety and expeditious movement of traffic.
J. 
The East Rutherford Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
K. 
No materials, vehicles or equipment are to be placed in the roadway or sidewalk area until all construction, signs, lights, devices, and pavement markings are installed.
[Amended 12-16-2014 by Ord. No. 2014-15]
Any street opening must be backfilled in accordance with § 257-17 within a period of 48 hours after commencement of excavation. Temporary repaving in accordance with this chapter shall be completed promptly as trenches are backfilled. The permittee may request an extension to the 48 hours by submitting a construction schedule that is approved by the Borough Engineer and the Chief of Police. Notwithstanding such extension, any street opening which may be permitted to be longer than a period of 48 hours shall be covered with a one-inch fixed steel road plate. Permit and pavement replacement shall be completed within a period of six months from the date of installation of temporary pavement unless the Borough Engineer shall designate a shorter period of time. During the winter season, as determined by the Borough Engineer, the permit and pavement replacement will be deferred until weather permits.
[Amended 12-16-2014 by Ord. No. 2014-15]
A. 
Any public utility subject to regulations by the Board of Public Utility Commissioners of this state may, in lieu of security deposits required in § 257-14, execute a bond in the penal sum of $25,000 to the Borough and file the same with the Construction Official. Such bond shall be conditioned upon compliance with the applicable provisions of this article. In lieu of filing certificates of insurance as provided in § 257-13, a public utility may file with the Construction Official evidence certifying that it is qualified as a self-insurer, pursuant to the appropriate statutes of this state. The provisions of this article shall not apply to the installation of public utility poles and anchors.
B. 
Each public utility, in lieu of complying with Subsection A herein, may file each year with the Construction Official of the Borough of East Rutherford a maintenance guaranty bond in the penal sum of $25,000, conditioned upon compliance with the applicable provisions of this article.
C. 
Notwithstanding any other section of this article, all public utilities may choose to be exempted from permit and inspection fees as provided in § 257-15; provided, however, that such public utility company shall pay an annual public utility combined permit and inspection fee of $6,500, such fee to be paid on or before January 15 of each calendar year.
D. 
Each bond filed pursuant to this article shall be in a form satisfactory to the Borough Attorney and shall remain in effect for a period of one year after the last restoration work under any permit which has been completed and accepted by the Borough.
E. 
All utilities must complete an application for permit as required by § 257-12, except as provided by § 257-23.
[Amended 9-15-2009 by Ord. No. 2009-15]
A. 
In the case of emergency repair work where construction maintenance operations or emergency utility work must be performed that will obstruct, interfere or detour traffic or any roadway in the Borough, the person, contractor or utility performing such operation shall notify the East Rutherford Police Department of such emergency operation. The person, contractor or utility shall disclose the nature of the emergency, location and hours of operation.
B. 
All emergency construction and maintenance operations shall be performed with full regard to safety and to keep traffic interference to an absolute minimum. During such emergency repair work, the person; contractor or utility shall comply with the provisions of the M.U.T.C.D. while performing such emergency repair work.
A. 
Every permittee shall, as a condition of accepting any permit issued hereunder, save and hold harmless the Borough and indemnify such Borough, its officials, agents, servants and employees from and against any and all loss, damage, claim expense or demand whatsoever arising out of any matter or resulting from the opening of any street and the issuance of a permit therefor, as provided in this article.
B. 
If the permittee, in installing the permanent pavement, shall fail to make progress satisfactory to the Borough Engineer, the Borough may give written notice of such failure to the permittee. If within 20 days after the receipt of such notice, the permittee shall fail to make progress at a rate satisfactory to the Borough Engineer, the Borough shall have the right to complete the installation of such pavement, in which event the permittee shall be charged for the cost thereof at rates the Borough is billed by the contractor who performs the work or at the rate it costs the Borough to perform such work itself, which charges shall be billed after the receipt of the bill therefor.
A. 
This article only regulates street and road openings as defined herein. It is not suggested or implied that permittees are exempt from obtaining other permits for work involved in the street or road opening, including but not limited to other Borough permits, water company hookup fee permits, other utility permits and the like.
B. 
This article only regulates the surface of the streets and roads, and it shall not be interpreted to extend to such regulation.
[Amended 12-16-2014 by Ord. No. 2014-15]
The provisions of this article shall be enforced by the Borough Engineer and/or the Construction Official or their designees.
[Amended 9-15-2009 by Ord. No. 2009-15]
Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof for a first offense, pay a fine of not less than $100 nor more than $500 and/or be imprisoned in the county jail for a term not exceeding 90 days; for a second offense, upon conviction thereof, pay a fine of not less than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days; for a third or subsequent conviction, pay a fine of not less than $500 and/or be imprisoned in the county jail for a term not exceeding 90 days.