[Adopted 12-20-2016 by Ord. No. 1512[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Openings and Excavations, adopted by Ord. No. 30, as amended.
The purpose of this article is to establish regulations and
fees for the opening of municipal streets, and to establish a moratorium
and regulation of road opening for utility work on recently paved
streets, within the Borough of Dumont.
As used in this article, the following terms shall have the
meanings indicated:
An opening, tearing up or excavating, for any purpose, of
a Borough road of 100 feet or more of roadway length or where connecting
lateral openings are made at average intervals of less than 100 feet
along the roadway length or an opening which disturbs 20% or more
of the pavement area.
Any person, family, proprietorship, partnership, limited
liability company, corporation, public utility or other entity on
whose behalf a street opening is performed by a permittee.
Any person, firm or corporation granted a permit hereunder.
Telephone, telecommunications, electric, water, gas and cable,
satellite or other mode of television companies or any other entity
having a right-of-way easement, or either the power of eminent domain
or subject to the regulations by the Public Utilities Commission of
the State of New Jersey.
Any opening, tearing up or excavating, for any purpose, of
a Borough road, which is not an extensive opening.
Any street, road or other public way dedicated to and accepted
by the Borough of Dumont, and shall include all of the area thereof
lying within the bounds of the dedicated right-of-way.
A.
No person, persons or proprietorship, partnership, limited liability
company or corporation, municipal 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 limits of the right-of-way of any street in the Borough
of Dumont without first obtaining a road permit from the Building
Department of the Borough.
B.
Only such persons, firms or corporations, as defined in Subsection A, above, 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, without the express written consent of the Borough of Dumont, in its sole and exclusive discretion, and permits purportedly assigned without such written consent shall be immediately void. Contracting or subcontracting work to a person, firm or corporation to whom or to which no permit has been granted is prohibited and complying with the "Borough of Dumont Policy Requirements."
Except as otherwise specifically provided in this chapter, nothing
contained in this section shall be construed as requiring the issuance
of a permit for the performance of any work done by the Borough of
Dumont or under a contract with the Borough for the construction of
waterlines, sewer lines or street improvements.
No person or corporation shall be issued a road opening permit
until he presents satisfactory proof in the form of the authorization
number from the One-Call Damage Prevention System as required by N.J.S.A.
48:2-73 et seq.
A.
Unless it is determined that an emergency, as defined in § 380-11B, exists involving underground storm or drain water, gas, water, sewer, telephone, cable or electric utilities, no street opening permit will be issued for a period of 60 months after a new pavement has been constructed, or the existing pavement has been resurfaced, on the affected street. In the event of an emergency as defined in this section, it shall not be necessary to obtain permits before commencing such repair, but the Borough Superintendent of Public Works and Code Enforcement Official must be notified immediately of the occurrence, and such permit(s) shall be obtained within two days thereafter, and this section shall not be held or taken in any case to exempt the applicant from any other provisions of this article. The Superintendent of Public Works, or his designee in his absence, shall be designated the appropriate official to determine whether a bona fide emergency exists or existed to justify the emergent opening of any street covered by this section.
B.
In the event that the newly paved or resurfaced street is dedicated
to the Borough, the sixty-month period shall be deemed to begin on
the date of acceptance by the Borough of the affected street.
C.
A waiver on restrictions for street openings, unless otherwise stipulated,
may be granted at the approval of the Department of Public Works Director
and the Township Engineer with appropriate conditions. Such conditions
shall require, at a minimum, that the party, company or entity requesting
such waiver shall agree to a complete mill and paving of the affected
roadway to the specifications of the Borough Engineer, within two
weeks of the completion of the permitted work, weather permitting,
and posting of a bond of sufficient amount in the sole and exclusive
discretion of the Borough Engineer, to ensure faithful completion
of all conditions required hereunder.
Certification of all underground facilities having been previously
located and marked using standard color codes for gas, water and other
utilities. Certification must indicate marking authorization number.
Final line striping and pavement markings must be restored immediately
to original or better condition. The standard for the Borough of Dumont
for line striping and traffic markings is the application of six-inch
minimum width hot extruded thermoplastic.
A.
Form.
(1)
Application for a permit shall comply with the "Borough of Dumont,
Department of Road Opening Permit Policy Requirements" and shall be
made in writing on forms prescribed by and issued by the Building
Department, or a reasonable facsimile thereof, and shall be filed
at least one week prior to the commencement of any work unless it
is deemed an emergency as set forth and defined herein. 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.
(3)
No work may commence by the permittee until the date set forth in
the issued permit.
B.
Emergency road opening.
(1)
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(s) doing the work notifies
the Police Department prior to start of work; the Police Department
shall log the emergency.
(b)
A permit is applied for within 24 hours of the road opening
or on the next business day, whichever is more practical.
(c)
The Superintendent of the Department of Public Works or the
Borough Building Department 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 work, the Police Department of the Borough
shall be notified prior to start of work, and the Superintendent of
the Department of Public Works or Borough Building Department shall
be notified on the morning of the first business day thereafter.
(d)
In the event of an emergency opening, the person, company, or
utility shall apply for a permit no later than the next business day.
Any opening that is found without a permit issued will be subject
to an application fee of $100 and an inspection fee of $75. No exceptions.
(2)
The Borough reserves the right to issue a written stop-work order
where same is deemed appropriate by the Superintendent of the Department
of Public Works or Borough Engineer.
C.
Review of the application of small openings. Prior to the issuance
of a permit, copies of the application therefor shall be referred
to the Superintendent of the Department of Public Works or the Borough
Engineer who shall, within five working days, excluding weekends and
Borough-recognized holidays, 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.
D.
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. Permits will not be issued directly to
private owners or developers without specific written approval of
the Mayor and Borough Council.
E.
Agreement. Except where otherwise provided by law, 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 Dumont, to accommodate the installation
of Borough facilities. Such agreement shall be in writing and contained
on the face of the application form and permit.
F.
Review of application for small and extensive openings. All small
and extensive openings shall first be reviewed and approved by the
Building Department, and extensive openings shall subsequently be
reviewed and approved by the Borough Engineer prior to the issuance
of a permit.
G.
Issuance. Street opening permits shall be issued by the Building
Department once reviewed and approved as provided for herein; provided,
however, that no permit shall be issued until an application fee and
an engineering fee, both of which are nonrefundable, have been paid
to the Building Department.
A.
Generally. The New Jersey State Department of Transportation Standard
Specifications for Road and Bridge Construction, with all amendments
and supplements, shall govern all of the work performed under Borough
of Dumont road opening permits, except as supplemented below.
(1)
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 as provided
for by ordinance. Maintenance and protection of pedestrian and traffic
control is the responsibility of the applicant and must conform to
NJDOT and MUTCD standards along with the requirements of the local
municipality. All costs of providing uniformed police shall be the
responsibility of the permittee or the owners. In the event that a
detour is deemed necessary 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 start of work.
(2)
Any work under an issued permit must be commenced within three months
from the date of issue and completed 45 days from commencement, or
the permit shall be deemed void, and reapplication shall be required.
(3)
With the exception of emergencies and weather permitting, work commenced
under a permit shall be continued without interruption during normal
working hours until completed. The Borough reserves the right for
"emergency" road openings to permit work to be undertaken upon a "24/7"
basis.
(4)
The applicant shall notify the Borough Clerk, Police Chief and the
Superintendent of the Department of Public Works or the Borough Engineer
48 hours in advance of the actual commencement of any work under a
permit.
(5)
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 Borough storm drains
and catch basins will be protected at all times. Any damage will be
repaired by the applicant at his expense.
(6)
All fill removed from trench is to be discarded by 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 or DGA,
or other suitable material if approved by the Borough Engineer, for
the full depth of the trench. First lift of fill, 12 inches above
pipe, shall be compacted using a jumping jack or vibratory tamper.
Successive lifts shall be compacted by mechanical means such as tamping,
vibrating or rolling. A vibra plate tamper is not acceptable.
(7)
Restoration of bituminous and concrete roadways.
(a)
For bituminous concrete roadways, upon completion of the proper
backfill, a compacted ten-inch layer of bituminous concrete stabilized
Base Mix 1-2 shall be utilized in lifts of no more than three inches
(compacted thickness) in all trench areas.
(b)
For concrete roadways, upon completion of the proper backfill,
pavement shall be restored utilizing 10 inches of Class B concrete
with double wire reinforcing.
(c)
The specific requirements relative to the restoration of concrete
roadways are covered in § 380-14.1., Construction Specifications.
(d)
For both bituminous concrete and concrete roadways, the top
surface shall be flush with the adjacent pavement and be uniformly
contoured to the existing surrounding surface.
(e)
For concrete roadways, the concrete material shall be "plated"
in accordance with the requirements of this article for a twenty-eight-day
period to assure proper curing.
(f)
If "high early" concrete is utilized, the excavation shall be
"plated" for a minimum of 14 days.
(g)
Under the provisions of this article, to assure proper curing
prior to the possibility of the Borough needing to apply deicing materials,
concrete may not be installed after October 20.
(h)
Should a roadway opening be made after that date, the pavement
shall be restored using 10 inches of bituminous concrete stabilized
Base Mix 1-2 installed in accordance with the provisions of this article.
(i)
The bituminous concrete stabilized based pavement shall be removed
after April 1 of the subsequent calendar year and standard concrete
pavement installed.
(8)
The applicant must install and maintain temporary line striping and
pavement markings.
(9)
The applicant further agrees to keep the trench filled to the level
of surrounding pavement until settlement has ceased. The Borough of
Dumont shall be held harmless in any and all accidents arising out
of trench defects.
(10)
Final restoration.
(a)
After the Superintendent of Public Works has determined that
the excavation has had a sufficient time period for settlement, final
restoration will be undertaken using two inches (compacted thickness)
of bituminous concrete Surface Course Mix 1-5 to be placed over the
entire area of stabilized base as determined by this office. The surface
pavement shall be "infra-redded" to assure a seamless transition between
existing pavement and the road opening.
(b)
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.
(c)
When using infrared resurfacing application, all stabilized
base material in the road opening plus a minimum of 12 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 FABC top mix.
(d)
All manhole frames and covers installed within the pavement
area shall be set to finished grade. Any scaring or road damage to
any other part of a Borough roadway caused by this permit shall be
repaired as per the above conditions.
(11)
When necessary to cross over, or under existing bridges or culverts
under the jurisdiction of the county, no work whatsoever shall be
performed until the Borough engineer has approved filed plans. There
shall be a minimum of 12 inches separation between the Borough drainage
system and the utility line.
(12)
The Borough requires an extended maintenance period of up to
two years after permanent restoration and an additional maintenance
bond depending upon the nature of the work involved. This additional
obligation will be released upon completion and acceptance of the
work by the Borough. The maintenance bond shall be executed by the
permittee as principle and surety company licensed to do business
in the State of New Jersey as surety.
(13)
No road opening permit will be issued between November 15 and
March 15 unless an emergency exists, as previously defined. In the
event that an emergency exists and a permit is issued during this
period, the applicant, by accepting this permit, assumes all responsibility
for the safe maintenance of said opening and further assumes all liability
for damages resulting from or any way connected to this project.
(14)
The use of steel plates on Borough roadways between November
15 and March 15 is prohibited. All steel plates that are installed
on Borough roadways are to be countersunk, pinned, and ramped.
(15)
Applicant is responsible for complete and total restoration
of opening and surrounding roadway for a period of up to two years
after permanent paving. There are no exceptions. All escrow monies
and bonds will be released at that time when all workmanship connected
with this project is deemed acceptable.
(16)
Certification of all underground facilities having been previously
located and marked using standard color codes for gas, water and other
utilities. Certification must indicate marking authorization number.
Final line striping and pavement markings must be restored immediately
to original or better condition. The standard for the Borough of Dumont
for line striping and traffic markings is the application of six-inch
minimum width hot extruded thermoplastic.
(17)
Additional extensive road opening requirements.
(a)
Permanent pavement will be milled and paved from curbline to
yellow center line from start to finish. If laterals are 100 feet
apart or less, the entire road shall be milled and paved from curb
to curb start to finish. Laterals that are more than 100 feet apart
shall have infrared paving repairs.
(b)
Traffic lines with thermoplastic glass beads must be replaced.
(c)
Backfill quarry process with dust shall be compacted every 10
inches by mechanical vibratory compactor. The utility company/contractor
shall be responsible for a period of two years to make repairs related
to any settlement.
(d)
Before crossing over, or under, existing bridges, drainage structures
or culverts under Borough jurisdiction, the applicant must notify
the Borough and no work whatsoever shall be performed until the Borough
engineer has approved filed plans. (Every effort must be made to have
a minimum separation of 12 inches between the outside of your pipes
and our drainage structures).
B.
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 on Uniform Traffic Control Devices
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with 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.
C.
Minimum cover. All utilities shall be constructed with a minimum
cover as shown in Table I set forth below to provide protection for
the utilities in the event that future 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 the utility at the utility owner's expense in case
of conflict with future construction, reconstruction or modification
of related facilities, except as otherwise specified herein. The aforementioned
minimum cover may be waived by the Superintendent of Public Works
or Borough Engineer if the applicant prepares and files certified
plans indicating the location, extent and depth of the facilities
and the plans are approved by the Superintendent of Public Works or
Borough Engineer. This subsection shall apply only to new construction.
|
Table I
| ||
|---|---|---|
|
Utility Designation
|
Minimum Cover*
(inches)
| |
|
Cable television
|
18
| |
|
Electric
|
18
| |
|
Gas
|
30
| |
|
Telephone
|
18
| |
|
Water
|
48
| |
|
*
|
NOTE: Measured from top of pipe, conduit, duct or cable to finished
pavement or ground surface.
|
D.
Protection of existing structures. It shall be the responsibility
of the permittee to give proper 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. The notice shall
be given to all utilities by calling the One-Call Damage Prevention
System at telephone number 1-800-272-1000 as provided by law, and
the permittee shall restore same, at his own expense, to the condition
it was in prior to commencement of work.
E.
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 Superintendent of Public Works or Borough Engineer. In the
event that a waiver is granted, the contractor or owner shall cover
the excavation with heavy one-inch-thick 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 own cost,
and such other safeguards as may be needed to protect the public from
an open excavation. If 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, Superintendent of the Department of Public Works,
Borough Engineer or their designated representatives.
A.
The permittee shall be liable for any damage to the roadway leading
to or adjacent to the work site.
B.
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, the costs shall be deducted from
the permittee's deposit held by the Borough Clerk.
The Superintendent of Public Works 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 may, upon the recommendation of either of them:
A.
Order a temporary stop to any road opening.
B.
Order that the applicant perform or correct work in accordance with
the directions of the Borough.
C.
Order a stop to any work and revoke the permit, in which event the
Borough of Dumont 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.
D.
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.
E.
Take any other action deemed reasonable under the circumstances to
protect the Borough's interests.
No road opening shall be permanently paved until a final inspection
has been made by the Borough Engineer or Superintendent of the Department
of Public Works and final approval given.
A.
For all openings:
(1)
The paved roadway surfaces shall be saw-cut or blade-cut vertically
on a straight line with approved pneumatic equipment before excavating.
(2)
The material excavated from the trench opening shall not be
replaced as backfill unless expressly authorized by the Superintendent
of the Department of Public Works or Borough Engineer. Excavated materials
must be removed from the work site the day of excavation.
(3)
The backfill of dense graded aggregated or bank run sand, where
permitted, shall be furnished from outside sources.
(4)
The uncompleted length of road opening allowed under a permit
at any one time shall not exceed 50 linear feet unless a special need
can be established by the permittee and approval to exceed this limitation
is secured from the Superintendent of the Department of Public Works
or Borough Engineer. Such special need shall be noted in writing to
the Superintendent of the Department of Public Works or Borough Engineer
before such permission is granted, except in unusual cases and/or
emergencies. In that event, such special need shall be documented
in writing after approval is granted.
(5)
Where existing manholes are located in the shoulder areas, a
minimum of two inches (compacted thickness) of Hot Mix Asphalt Surface
Pavement Mix I-5 shall be placed for eight feet on both sides of the
manhole casting on four inches of compacted dense graded aggregate
stone sub-base. The width of the Hot Mix Asphalt Pavement Mix I-5
shall vary to the dimensions of the existing shoulder.
(6)
All backfill shall be placed in six inch layers, with each layer
thoroughly compacted by mechanical means to the satisfaction of the
Superintendent of the Department of Public Works or Borough Engineer.
The Superintendent or Borough Engineer shall have the right to require
a compaction test to be performed by an independent laboratory at
the expense of the permittee.
(7)
After proper compaction and cutback of the road, the entire
width of the trench plus a four-inch overlap shall be paved with the
temporary pavement.
B.
Asphalt pavement openings.
(1)
For openings in bituminous concrete or penetration macadam pavements,
backfill material shall be deposited in one-foot layers and thoroughly
compacted to a level 12 inches below the surface level of the adjacent
paved surfaces. The opening shall be cut back six inches beyond the
edges of the trench opening. The sub-base course shall be dense graded
aggregate, four inches in compacted thickness. The base course shall
be Hot Mix Asphalt Mix I-2 (stabilized base) six inches thick (compacted
thickness) placed in three lifts. The surface course shall be two
inches (compacted thickness) of Hot Mix Asphalt Surface Pavement Mix
I-5 with all joints between the existing pavement and the bituminous
concrete surface course to be sealed with a tack coat.
(2)
When road openings are in sequence or are within three feet
of another opening, the surface area of the combined openings will
be paved to form one continuous surface. The surface course shall
be two inches (compact thickness) of Hot Mix Asphalt Surface Pavement
Mix I-5 with all joints between the existing pavement, and the bituminous
concrete surface course shall be sealed with a tack coat.
(3)
The temporary pavement shall consist of four inches (compacted
thickness) dense graded aggregate sub-base and the Hot Mix Asphalt
Pavement Mix I-2 (stabilized base) course described herein.
(4)
The temporary pavement shall be placed and compacted one inch
below the finished surface of the existing pavement and shall be maintained
at this level by the permittee by the addition of Hot Mix Asphalt
Surface Pavement Mix I-5 until final settlement has occurred. After
the Borough Engineer and/or Superintendent of Public Works has determined
that final settlement has occurred, the pavement shall be completed
by the placing and compaction of additional Hot Mix Asphalt Surface
Pavement Mix I-5, level with the existing pavement. Prior to placing
the additional Hot Mix Asphalt Pavement, the pavement shall have "tack"
applied.
C.
Concrete pavement surface openings.
(1)
For all openings in concrete surfaces, the trench backfill shall
be compacted in one-foot layers to a level four inches below the top
of the adjacent paved surface. The openings shall be cut back six
inches beyond the edges of the trench opening. Four inches (compacted
thickness) of Hot Mix Asphalt Pavement Mix I-2 (stabilized base) temporary
pavement shall then be placed in two-inch lifts, compacted level with
the existing pavement and shall be maintained by the permittee to
a pavement, level with the existing pavement, by adding additional
Hot Mix Asphalt Pavement material until final settlement has occurred.
After the Borough Engineer and/or Superintendent of Public Works have
determined that final settlement has occurred, the temporary Hot Mix
Asphalt Pavement shall be removed and the opening excavated to a depth
of 10 inches and a pavement of Class "B" concrete, 10 inches in depth,
shall be constructed level with the existing pavement surface. The
Class "B" concrete pavement shall be reinforced with a double level
of six-by-six, No. 6 gauge wire mesh reinforcing and shall be placed
in the opening and extend fully into the cutback shelf. The "bottom"
wire reinforcing shall be set eight inches from the roadway surface.
The "upper" reinforcing shall be set two inches from the pavement
surface.
(2)
The concrete pavement shall be "finished" to "match" the roadway
surface or with a "broom" finish as directed by the Borough Engineer
or Superintendent of Public Works.
(3)
After the concrete has been placed and if the roadway is to
be opened to traffic prior to full "curing" of the concrete pavement,
the roadway shall be "plated" with standard highway plates capable
of supporting H20 loading. The plate shall extend a minimum of six
inches beyond the limits of the new concrete pavement. The plates
shall be secured and installed in accordance with current New Jersey
Department of Transportation specifications including temporary ramping
and shall remain in place for a minimum of 28 days to permit curing
of the concrete.
(4)
If "high early" concrete is utilized, the plates shall remain
in place a minimum of 14 days.
D.
Nonpaved area. All grass or graveled area or sidewalk areas disturbed
within the Borough right-of-way shall be reconstructed, topsoiled,
seeded and mulched within 14 days of completion of excavation. All
concrete areas will be thoroughly compacted. These limits may be waived
by the Superintendent of the Department of Public Works or the Borough
Engineer only when abnormal temperatures or inclement weather necessitates
the same.
E.
All work shall be guaranteed for a period of 12 months.
F.
Openings undertaken within five years of resurfacing. If a utility
opening is undertaken less than five years after a roadway has been
resurfaced, the utility shall be required to profile and resurface
that portion of the roadway deemed necessary by the Borough Engineer
and/or Superintendent of Public Works.
G.
All roadway excavations be "saw-cut."
H.
Roadway openings shall be restored using infrared pavement restoration.
A.
Insurance. The applicant shall present evidence satisfactory to the
Borough Attorney or Risk Manager 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.
B.
The minimum policy limit of such insurance shall be as follows:
(1)
Bodily injury liability coverage with limits of not less than
$1,000,000 for bodily injury, including accidental death, to any one
person, and subject to that limit for each person, in an amount not
less than $2,000,000 for each accident; and property damage coverage
in the amount of not less than $500,000 for each accident;
(2)
One person in any one accident: amount of $1,000,000;
(3)
Two or more persons in any one accident: amount of $2,000,000
in the aggregate; and
(4)
Property damage in any one accident: amount of $500,000 with
aggregate property damage limit of $1,000,000.
C.
Where there is an extensive opening, the Superintendent of the Department
of Public Works or the Borough Engineer may request additional insurance
if it is deemed necessary under the circumstances.
D.
Security.
(1)
The Building Department shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Dumont or filed a bond with a surety satisfactory to the Borough Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in § 380-14.3 for the work to be performed.
(2)
A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least $20,000. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in § 380-14.3 exceeds the $20,000, the public utility applicant shall file a surety bond in an amount equal to the difference between the $20,000 and the required security deposit. For all nonpublic utility applicants, the surety bond shall be at least $1,000. A certified check for a lesser amount may be deposited, however, in the amount provided by § 380-14.3 for the work to be performed.
(3)
Upon satisfactory completion of all work permitted or required
under the permit for extensive openings, if the security deposit is
$2,000 or less, the Borough of Dumont will retain 100% of the security
deposit as security for maintenance of the work for a period not to
exceed one year from the date of completion, provided that if the
security deposit is in the form of a certified check, the permittee
may deposit a surety bond of $2,000 satisfactory to the Borough Attorney
in lieu of the certified check. If the security deposit is greater
than $2,000, then the Borough will release or refund 60% or more of
the same with the approval of the Superintendent of the Department
of Public Works or Borough Engineer, and the surety bond will be deposited
for the maintenance as set forth above. All bonds and certificates
of insurance shall contain a provision that the same shall remain
in full force and effect for a period not to exceed one year after
the last work under any permit has been completed and accepted by
the Borough.
(4)
In the case of a small opening, the borough shall retain the
security deposit for six months after satisfactory completion of all
work permitted or required under the permit, provided that if the
security deposit is in the form of a certified check, the permittee
may deposit a security bond in lieu of the check.
E.
Application fee and escrow deposit.
(1)
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in § 380-14.3. Applications other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in § 380-14.3. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, the fund shall be subject to increase on demand of the Building Department.
(2)
The Borough shall pay from the escrow deposit fee any costs
incurred by its designated representatives or professional consultants
for inspection or other engineering services or legal fees required
in connection with the proposed opening or excavation at the rate
established.
Fees shall be as follows:
A.
Application fee, nonrefundable (other than public utilities).
(1)
Road opening:
(2)
Boring, tunneling or driving under road: lump sum minimum of
$75.
(3)
Curb, gutter, apron, sidewalk or driveway: lump sum of $15 when
affected by excavation.
(4)
Application fees shall be accumulated in one account for each
public utility, and the funds can be utilized for the payment of expenses
incurred by the Borough for any work performed for the permittee without
restriction as to which application the funds were originally posted
for.
(5)
In lieu of individual application fees, public utilities may
pay fees of $250.
B.
Application fee (utilities).
(1)
Road opening: Public utilities shall pay an annual flat fee
of $2,500 per year, on or before January 15 of each year, beginning
January 1, 2017, and thereafter.
Upon the completion of any such work, the Superintendent of
the Department of Public Works or Borough Engineer shall file a report
on a form to be furnished for that purpose, which report shall contain
the date of completion, the amount of deposit, the cost to the Borough
for resurfacing the area so excavated or opened, if the same shall
have been necessary, and the balance, if any, due to the applicant.
Upon receipt of the report by the Building Department, the balance
due, if any, to the applicant on account of any deposit shall be forthwith
returned.
Any person, who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the Borough Clerk to do so, each day that such pavements, roads or streets remain unrestored shall constitute a separate offense.
