Borough of Haledon, NJ Street Surface Openings

No person, persons 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 paved or unpaved limits of any street in the Borough of Haledon without first obtaining a road opening permit from the Construction Official.

Only such persons, firms or corporations 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; the permittee is always responsible for performance under this article.

Nothing contained in this article shall be construed as requiring the issuance of a permit for the performance of any work done by the Borough of Haledon or under a contract with the Borough for the construction of waterlines or street improvements.

No permit applicant shall begin work until he receives the authorization number from the Underground Location Service and the appropriate utility. The applicant must comply with the requirements of N.J.S.A. 2C:17-4 and 2C:17-5, which provide, among other things, that said applicant give to any person or corporation engaged in the distribution or transmission of manufactured, mixed or natural gas or synthetic natural gas, liquefied natural gas or propane gas in the area of the proposed excavation written notice of the proposed excavations and ascertain from such person or corporation the location of all such gaslines or pipelines within 200 feet of the proposed excavation.

Nonopening of road. Prior to the start of any paving or repaving work on any street of the Borough of Haledon, the Borough Engineer or his designee shall notify each utility company of said work so any excavations may be completed before paving is started. Such notice shall provide that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years from the date of such paving. The notice shall also provide that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly so that any work may be completed not later than 90 days from the date of such notification.

During such five-year period, no permit shall be issued to open, cut, or excavate in such a Borough street unless, in the judgment of the Borough Engineer, an emergency exists that makes it absolutely essential that the permit be issued. In the event that an emergency exists which shall require a road opening within such five-year period, the permit fees in accordance with this article shall apply. Additionally, the Borough Engineer shall ensure that any street opening on any street paved within five years is restored satisfactorily, which restoration must include pavement restoration (milling and repaving) for the full width of the roadway to a distance of approximately 100 feet around the area of the opening.

The distances in either direction of the opening will be determined by the Borough Engineer based on proximity to other roadways or utility concerns and shall provide adequate transition between new and existing pavement.

No Borough street shall be excavated between November 1 and March 30 without prior approval of the Mayor and Council.

§ 351-3 Application requirements.

Form.

Application for a permit shall be made in writing on forms to be prescribed by the Borough of Haledon and issued by the Construction Official and shall be filed at least one week prior to the commencement of any work. 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.

Additional information.

Applications for extensive openings shall require, in addition to the above, information regarding:

[1]

All improvements.

[2]

Typical details and sections of construction procedure.

[3]

Plans, profiles and other details necessary to accurately depict the work.

Standard details used by Public Utilities and accepted and approved by the Superintendent of the Department of Public Works or the Borough Engineer may be used to satisfy the requirements of Subsection A(2)(a)[2] and [3] above.

No work may commence by the permittee until the date set forth in the issued permit.

Emergency road opening.

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 true emergency exists and the person or persons doing the work notify the Haledon Police Department prior to start of work; the Police Department shall log the emergency and send a copy to the Building Department.

A permit is applied for within 72 hours of the road opening or on the next business day, whichever is more practical.

All work is to be performed in accordance with the provisions of §§ 351-4, 351-5, 351-6 and 351-7.

The Superintendent of the Department of Public Works or the Borough Engineer 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 road work, the Police Department of the Borough of Haledon shall be notified prior to start of work, and the Superintendent of the Department of Public Works or the Borough Engineer shall be notified on the morning of the first business day thereafter.

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.

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, 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.

Applicant. The applicant must be a licensed contractor registered with the Borough 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 Council.

Agreement. 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 Haledon, to accommodate the installation of Borough facilities. Such agreement shall be in writing and contained on the face of the application form and permit.

Review of application for small and extensive openings. All small and extensive openings shall first be reviewed and approved by the Superintendent of the Department of Public Works, and extensive openings shall subsequently be reviewed and approved by the Borough Engineer prior to the issuance of a permit.

Issuance. Street opening permits shall be issued by the Construction Official once reviewed and approved as provided for herein by the Superintendent of the Department of Public Works; provided, however, that no permit shall be issued until an application fee and an engineering fee, as described in § 351-9 of this article, have been paid to the Construction Official.

§ 351-4 Work requirements.

Generally. The New Jersey State Department of Transportation 2007 Standard Specifications for Road and Bridge Construction, with all amendments and supplements, shall govern all of the work performed under Borough of Haledon road opening permits, except as supplemented below.

No Borough road shall be closed to traffic without prior written consent of the Police Department and a permit issued by the Construction Official. In the event that a road is closed, uniformed police may be required to act as traffic directors, and the proper traffic control devices shall be erected and maintained in accordance with standards described in the Manual on Uniform Traffic Control Devices, Current Edition. All costs of providing uniformed police shall be the responsibility of the permittee or the owners. The Borough will bill the permittee for such services at the prevailing rate specified annually by the Borough. 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.

Any work under an issued permit must be commenced within three months from the date of issue and completed 45 days from commencement, or said permit shall be deemed void, and reapplication shall be required. The Superintendent of Department of Public Works or the Borough Engineer may grant a single forty-five-day completion extension past the original permit expiration date.

Work commenced under a permit shall be continued expediently during normal working hours until completed.

The applicant shall notify the Superintendent of the Department of Public Works or the Borough Engineer 24 hours in advance of the actual commencement of any work on an extensive opening, or on the same day for a minor opening.

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 of Uniform Traffic Control Devices placed thereat and maintained throughout the performance of the work and shall interfere as little as possible with the 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.

Cover and protection. All utilities shall be constructed with adequate depth of cover protection for the utilities in the event that further 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 said utility at said utility owner's expense in case of conflict with future construction, reconstruction or modification of related facilities, except as otherwise specified herein.

Protection of existing structures. It shall be the responsibility of the permittee to give other 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. Said notice shall be given to all utilities by calling the Garden State Underground Plant Location Service at telephone number 1-800-272-1000 48 hours before commencement of said opening, or as provided by law, and the permittee shall restore the same, at his own expense, to the condition it was in prior to commencement of work.

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 the Department 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 steel 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 steel plates are placed for over a weekend or for an extended period, all edges are to be macadamsealed 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 and Borough Engineer or their designated representatives.

Permittee shall contact the Superintendent of Public Works at least three hours' prior to final backfilling. The Superintendent of Public Works or his designee shall be on site to supervise final backfilling and ensure compliance with Borough requirements. Permittee shall be responsible for payment of the Department of Public Works employee's time at a rate set forth in § 351-9C(2).

§ 351-5 Repair and cleaning of streets and property.

The permittee shall be liable for any damage to the roadway leading to or adjacent to the work site.

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, said costs shall be deducted from the permittee's deposit held by the Borough Clerk.

§ 351-6 Inspections.

The Superintendent of the Department 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:

Order a temporary stop to any road paving.

Order that the applicant perform or correct work in accordance with the direction of the Borough.

Order a stop to any work and revoke the permit, in which event the Borough of Haledon 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, or both to the extent necessary to complete the work.

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, or both to the extent necessary to make the necessary corrections.

Take any other action deemed reasonable under the circumstances to protect the Borough's interests.

§ 351-7 Specifications.

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 storm drains and catch basins will be protected at all times. Any damage will be repaired by the applicant at the applicant's expense.

All fill removed from the trench is to be discarded by the applicant. The trench must be of suitable width to obtain proper mechanical compaction. All backfill is to be done with quarry process stone Type I-5 or DGA for the full depth of the trench. The first lift of fill, 12 inches above pipe, shall be compacted using a Jumping Jack tamper. Successive lifts shall be compacted by mechanical means such as tamping, vibrating or rolling. A vibra plate tamper is not acceptable.

Upon completion of the proper backfill compaction, a ten-inch layer of bituminous stabilized base Mix I-2 shall be utilized in two lifts of five inches each compacted in all trench areas. The top surface shall be flush with the adjacent pavement and be uniformly contoured to conform to the existing surrounding surface.

For installation of plastic piping, the applicant shall place a sand cushion around the plastic piping for a minimum distance of 12 inches from the pipe.

The applicant must install and maintain temporary line striping and pavement markings.

The applicant further agrees to keep the trench filled to the level of surrounding pavement until settlement has ceased. The Borough shall be held harmless in any and all accidents arising out of trench defects.

After a reasonable settlement period, final restoration will require infrared application or a two-inch compacted surface course of bituminous surface course Mix I-5 to be placed over the entire area of stabilized base.

Infrared resurfacing shall be permitted in accordance with the specifications set forth in Subsection H below. When using infrared resurfacing application, all stabilized base material in the road opening, plus a minimum of six 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.

Prior to the application of the surface course, the entire area of stabilized base, including 12 inches surrounding the edge of the opening, shall be milled by a milling machine (self-propelled, power-operated planing, grinding or cutting machine) to a minimum depth of two inches from the outside edge of the trench to the curbline in a uniform width a minimum of 10 feet wide.

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.

All manhole frames and covers installed within the pavement area shall be set to finished grade. Any scarring or road damage to any other part of a roadway caused by this permit shall be repaired as per the above conditions.

Specifications for infrared restoration.

The purpose of this specification is to establish a consistent and standard process for infrared paving applications and to insure the quality of infrared restoration for road openings.

The contractor shall provide all materials, equipment and labor required to perform a seamless, to-grade, permanent infrared restoration.

The infrared contractor shall provide FABC at plant temperature of 275° F. to 300° F. The infrared contractor must guarantee that the asphalt will be transported and stored in a thermostatically controlled storage unit. Asphalt should not be kept in a storage unit at plant temperature for a period longer than 24 hours.

Required equipment:

The infrared heater must have the ability to soften asphalt to a depth of 1 1/2 inches to two inches in eight to 10 minutes without burning the surface. The heater must be a minimum size of six feet by eight feet. A truck-mounted infrared heater is the preferred equipment.

A thermostatically controlled asphalt storage unit which maintains a temperature of 275° F. to 300° F.

A roller-type compactor that will generate at least one ton of applied force per square inch.

A steel asphalt rake that is strong enough to scarify to a depth of two inches.

(e)

A thirty-six-inch asphalt loot.

(5)

The contractor opens the road and performs the repair or adds a new service. The hole is then filled in accordance with specific Borough requirements for subbase fill and compaction. Adequate space is left for base asphalt. The vertical inside edge of the existing pavement is cleaned of dirt and then tack coated. If this edge is not tack coated, sheer point cracking may occur after the infrared repair is completed. The opening is then filled with binder asphalt (three-fourths-inch aggregate) as a stabilized base, being sure to properly compact the asphalt even with the existing road. The repair should settle within 60 to 90 days to allow weather, traffic and time to thoroughly compact the repair before the infrared repair is performed.

Final line striping and pavement markings must be restored immediately to original or better condition. The standard for the Borough for line striping and traffic markings is the application of thermoplastic.

§ 351-8 Insurance, security and deposits.

Insurance. The applicant shall present evidence satisfactory to the Borough Attorney 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. Said insurance shall provide limits of not less than $1,000,000 of single limit or, in the case of a public utility, may be in the form of a certificate of self-insurance. 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.

Security.

The Construction Official shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Haledon or filed a bond with the surety satisfactory to the Borough Attorney, the amount thereof, to be based upon the security deposit fee schedule as contained in § 351-9 of this article.

In lieu of the security deposit required above, a public utility applicant may file with the Construction Official a corporate performance bond in the amount of at least $20,000. This corporate performance bond must be an annual one and must 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 § 351-9 exceeds said $20,000 the public utility applicant shall file a corporate performance 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 § 351-9 for the work to be performed.

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 Haledon will retain 100% of the security deposit as security for maintenance of said 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 said 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 Department of Public Works or Borough Engineer, except that it shall retain a minimum of $2,000, 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 of one year after the last work under any permit.

Application fee and escrow deposit.

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 § 351-9 of this article. An applicant 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 § 351-9 of this article. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said fund shall be subject to increase on demand of the Borough Clerk.

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.

§ 351-9 Fees.

Fees shall be as follows:

Application fee, nonrefundable (other than public utilities):

Road opening:

The fees for the right-of-way opening permit shall be as follows (per square yard or per linear foot), minimum permit fee of $250 applies:

Type	Fee
Asphalt	$30 per square yard
Curb	$23 per linear foot
Unimproved	$15 per square yard
Sidewalk	$32 per square yard
Tunneling, special permit	$20 each
Public utility corporation, bond	$10,000
Curb cut or sidewalk removal and replacement	$35
New driveway and or paving, one or two family	$45
New driveway and or paving, all others	$150

First five linear feet by three feet wide: $25.

From five linear feet to 25 linear feet by three feet wide to be defined as the longest dimension: an additional $20.

From 25 linear feet to 50 linear feet by three feet wide: an additional $40.

(e)

Extensive openings: $100.

Boring, tunneling or driving under road: lump sum minimum of $100.

Curb, gutter, apron, sidewalk or driveway: lump sum of $15 when affected by excavation.

In lieu of individual application fees set forth above, public utilities as defined in this chapter may pay a single annual fee of $250.

Security deposit fee for guaranteeing paved area, curb, sidewalk, driveway or grass area:

Opening paved area, curb, gutter, sidewalk or driveway:

Base charge: $25.

Charge for each square yard of trench opened: $15.

Charge for each square yard of paving: $5.

Charge for each linear foot of curb: $7.

Opening shoulders and roadside areas:

Base charge: $25.

Charge for each square yard of trench opened: $5.

Boring, tunneling or driving under the road:

Base charge: $25.

Charge per linear foot of boring: $1.

An escrow deposit fee for engineering, legal costs and Department of Public Works supervising employee will be required for all nonpublic utility applicants.

All road openings, excavations, borings and other work as stated on the permit application:

Base charge, including the first five square yards on any trench, driveway or sidewalk opened, torn up or excavated and including the first 20 linear feet of any curb or gutter torn up or excavated: $100.

For all work proposed on each application that exceeds the quantities delineated in Subsection C(1)(a) above, a work schedule shall be submitted to and approved by the Superintendent of Department of Public Works or the Borough Engineer, who shall estimate the total escrow fee required based thereon. If, at any time during the course of the work, it appears evident to the Superintendent of the Department of Public Works or the Borough Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent of Department of Public Works or the Borough Engineer and paid to the Construction Official, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.

Actual payment from the escrow deposit fee fund shall be based upon the following rates:

Professional engineering services: minimum fee of $90 per hour.

Attorney: minimum fee of $95 per hour.