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:
EXTENSIVE OPENING
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.
OWNER
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.
PERMITTEE
Any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
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.
SMALL OPENING
Any opening, tearing up or excavating, for any purpose, of
a Borough road, which is not an extensive opening.
STREET
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.
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.
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.
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.
Fees shall be as follows:
A. Application fee, nonrefundable (other than public utilities).
(1)
Road opening:
(a)
Width of road opening:
[1] For 1/2 the width of the road being opened: $250.
[2] For the full width of the road being opened: $500.
(c)
From 25 linear feet to 50 linear feet by three feet wide: an
additional $40.
(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.
C. Security deposit fee for guaranteeing restoration, pavement curbing
or topsoil:
(1)
Opening paved area, curb, gutter, sidewalk or driveway:
(b)
Charge for each square yard of trench opened: $15.
(c)
Charge for each square yard of paving: $5.
(d)
Charge for each linear foot of curb: $7.
(2)
Opening shoulders and roadside areas:
(b)
Charge for each square yard of trench opened: $5.
(3)
Boring, tunneling or driving under the road:
(b)
Charge per linear foot of boring: $1.
D. Escrow deposit fee for engineering and legal costs.
(1)
All road openings, excavations, borings and other work as stated
on the permit application: The minimum escrow amount shall be $2,500.
(2)
Actual payment from the escrow deposit fee fund shall be based
upon the following rates:
(a)
Professional engineering services: To be billed at the current
hourly rate of the Borough Engineer.
(b)
Attorney: minimum fee of $150 per hour.
(c)
An inspection fee of $375 covering a minimum of three inspections
($125 per hour will be charged for any additional inspections).
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.