[Adopted 1-17-1962 by Ord. No. 1-62]
[Amended 6-24-2015 by Ord. No. 7-2015; 10-12-2022 by Ord. No. 8-2022]
A.
It shall
be unlawful to dig, excavate, open or in any manner interfere with
or disturb the surface of any street or sidewalk, or curb area (including
the alteration of any curb cut), within the Borough of Riverdale for
any purpose whatsoever without first securing a permit therefor as
hereinafter provided.
B.
No permit
shall be issued to any person to make any opening on a street or sidewalk
which has been paved, repaved, or otherwise improved within the past
five years unless the Borough Council first determines there is a
public need for the proposed street or sidewalk opening. In the event
the Borough Council determines that such a public need exists, the
general permitting requirements and guidelines set forth in this article
shall thereafter be applied to any application for making any street
or sidewalk opening. In the event approval is given for opening of
a road that has been paved in the last five years, it shall be restored
with infrared pavement restoration for areas up to 50 square feet,
as approved by the Borough Engineer. Areas over 50 square feet shall
be restored by milling and paving from curb to curb. The final scope
and depth shall be determined by the Borough Engineer.
[Amended 6-24-2015 by Ord. No. 7-2015]
Application for permission to make an excavation in any street
between the curblines or in any sidewalk area shall be made to the
Borough Engineer on forms provided by the Borough. Such application
shall be signed by the owner of the premises and shall specify the
length and width of such excavation, the purpose for which the excavation
is made, and the estimated time required to complete the work and
restore the surface. The application shall be accompanied by a survey
or other accurate map showing the exact location of the proposed work.
[Amended 4-20-1976 by Ord. No. 3-76; 8-20-1984 by Ord. No. 4-84; 6-24-2015 by Ord. No. 7-2015]
The Borough Engineer shall determine the amount of the deposit
to accompany the application based upon the estimated cost of restoration.
In addition, an application fee of $100 plus an additional $2 for
each additional linear foot beyond 20 feet shall be paid at the time
the application is filed. Additional inspection fees may be required
for complex projects in an amount to be determined by the Borough
Engineer.
For any work done under this agreement the permittee
shall submit blueprints or plans in duplicate to the Borough Council
of the Borough of Riverdale for approval, and if it is considered
necessary or desirable, a joint general inspection may be directed
by said Borough Council to be made by the Borough Engineer or Road
Foreman and the permittee. After the approval of the blueprint or
plan, if, in the course of the proposed construction shown thereon
any changes or deviations become necessary in the work, the permittee
shall, before making such changes or deviations, obtain the approval
of same by the Borough Engineer or Road Foreman. Upon completion of
the entire work permittee shall file plans showing in full detail
all of the work after its completion.
Openings and installations shall be under the
direction of Borough Engineer and/or Borough Road Foreman or their
representative, and all instructions given by them or their representative
shall be faithfully and promptly complied with, whether herein specified
or not. Services of an inspector, Borough Engineer or Borough Road
Foreman shall be paid for by the permittee at the prevailing rate.
Material inspection, when ordered by Borough officials, shall be paid
for by the permittee. Payments shall be deducted from the permit fee
and the balance, if any, returned to the applicant.
The permittee shall consult with the Borough
of Riverdale Shade Tree Commission[1] if the installation is to be constructed along side of
shade trees as the permittee will be required to comply with all shade
tree laws.
The Borough Engineer or Borough Road Foreman
shall be notified in writing by the permittee at least 48 hours before
work on the project is started stating the exact date and time the
opening is to be made.
If, in the opinion of the Borough Engineer or
Borough Road Foreman work is not being performed in a satisfactory
manner or not in accordance with the specifications, he shall issue
a stop notice to the permittee's foreman stopping all work until the
defects are corrected to the satisfaction of said officials.
The permittee shall provide and maintain such
watchmen, barriers, lights and signals at his own expense as will
effectually prevent any accident in consequence of his work, for which
the Borough might be liable, and the permittee shall be liable for
all injuries and damage occasioned in any way by his act or neglect
or that of his employees. The permittee shall, when ordered by any
official of the Borough of Riverdale, furnish additional watchmen,
barriers, lights or signals at his own expense.
Where the street lines are indefinite, the permittee
shall, if ordered by officials of the Borough of Riverdale, have the
street lines surveyed by a New Jersey licensed surveyor at the expense
of said permittee in order that the utility appurtenances be placed
at the proper location within the road or street right-of way.
All work should be performed in such a manner
that all roads and thoroughfares shall be at all times accessible
for the passage of fire apparatus, mail delivery, police vehicles,
ambulances and all other emergency or essential equipment. The complete
blocking of any road or thoroughfare will not be permitted.
The permittee agrees to comply with all the
provisions of this article, all rules and regulations printed upon
the back of the application form, and to the following general specifications,
and the acceptance of the permit shall be deemed an agreement to abide
by all the conditions as herein set forth.
A.
Shoulder openings. Trenches for the construction of
gas, water, sewers, telephone or other installations shall be excavated
so that the near side of the trench shall be at least three feet from
the edge of the pavement. The applicant shall furnish and put in place
at his own expense such shores, braces, sheeting, etc., as may be
considered by the Borough Engineer or Borough Road Foreman to be necessary
for the safety of the work or the public. It shall be removed as the
work progresses in such manner as to prevent the caving in of the
side of the trench unless ordered left in place by the Borough Engineer
or Borough Road Foreman. Trench drains or any roadway installations
that are removed, damaged or destroyed shall be replaced, using new
materials. All driveways shall be restored as directed by the Borough
Engineer or Borough Road Foreman.
B.
Backfill.
(1)
The applicant will be required to backfill the trench
in layers not over six inches in depth, and each successive layer
shall be thoroughly compacted by a power operated tamper or a trench
roller where possible. When the trench has been backfilled to within
10 inches of the existing grade, the remainder of the trench, after
properly preparing and rolling the subgrade, shall be filled with
six inches of two-and-one-half-inch stone, filling all voids with
stone dust, and four inches of shoulder stone, in that order, each
operation being thoroughly rolled. If further settlement occurs in
the trench, from time to time it shall be brought to grade with additional
shoulder stone and rolled. Should the excavated material prove unsatisfactory
for backfill in the opinion of the Borough Engineer or Borough Road
Foreman, it shall be removed from the site and replaced with material,
such as bank-run sand or gravel, approved by the Borough Engineer
or Borough Road Foreman. All surplus material remaining after backfill
shall be removed from the site. Embankments disturbed shall be hand
graded to a one-on-one and 1/2 slope, and if original slope was in
grass, shall be topsoiled and reseeded. Damage caused to the pavement
adjacent to the trench and on the opposite side of the road shall
be repaired to the satisfaction of the Borough Engineer or Borough
Road Foreman. The use of any bucket with teeth in removing dirt deposited
on the pavement is forbidden. Under no conditions shall any installation
be made through the flow area of any storm sewer, catch basin, culvert
or bridge. Where, in the opinion of the Borough Engineer or Borough
Road Foreman, the soil is satisfactory for puddling, the backfill
shall be puddled.
(2)
When directed by the Borough Engineer or Borough Road
Foreman, the road shall be swept with an approved street sweeper and
when directed by said officials the dust shall be controlled by sprinkling
the same with water or spreading calcium chloride.
C.
Pavement replacement (temporary). After the width
of the trench has been determined, the outlines shall be marked on
the pavement. A pavement cutter shall then be used to cut through
the pavement before the trench digging machinery shall operate. Insofar
as these may apply, the general specifications for shoulder openings
shall control the excavation of pavement openings, except that there
shall be a temporary pavement consisting of eight inches of two-and-one-half-inch
stone filling all voids with stone dust which shall then be covered
with a layer of bituminous concrete, FABC, 2 1/2 inches in thickness
thoroughly compacted and finished to grade. Upon any further settlement,
the trench shall be brought to grade by adding more bituminous concrete-type
FABC. Where the trench is under the pavement, the trench shall be
backfilled with two-and-one-half-inch stone. However, a cushion of
sand shall be used around and over the pipe not exceeding eight inches
above the crown of the pipe.
D.
Pavement replacement (permanent). When in the opinion
of the Borough Engineer or Borough Road Foreman the settlement of
the backfill has ceased, the pavement on all sides of the opening
shall be cut to a sharp line eight inches back. If there are cracks
or settlement beyond the trench, the entire pavement from the side
of the trench shall be cut eight inches back of the crack or settlement
making cuts normal and parallel to the trench. All material within
these limits is to be then removed to a depth of 4 1/2 inches
below the existing pavement. All the base within these limits shall
be brought to a grade 4 1/2 inches below the existing pavement.
If additional stone is required because of settlement, clean two-and-one-half-inch
stone shall be used, filling the voids with stone dust, and this base
course shall be rolled thoroughly and true to grade. The edges of
the pavement shall be painted with bituminous material approved by
the Borough Engineer or Borough Road Foreman. Upon this base a modified
penetration macadam course shall be constructed consisting of clean
one-and-one-half-inch stone of such depth that after ultimate compression
it shall have a uniform depth of two inches. This course shall be
bound with bituminous binder consisting of tar grade RT-11 or RT-12
or asphaltic oil grade OA-4 applied at the rate of 1.65 to 1.85 gallons
of bitumen per square yard of surface coated. This bitumen shall be
applied from an approved pressure distributor. Crushed stone, 5/8
inch in size, shall then be applied at the rate of 25 pounds per square
yard and thoroughly rolled. Upon the modified penetration macadam
course there shall then be constructed 2 1/2 inches of bituminous
concrete, type FABC, the same to be thoroughly rolled, the finished
surface to be neither higher or lower than the existing pavement.
All this work shall be performed as directed by the Borough Engineer
or Borough Road Foreman.
E.
Responsibility for injury to persons and properties.
(1)
The applicant shall indemnify and save harmless said
Borough of Riverdale, its agents, servants and employees from and
against all suits, damages, claims, demands and actions for any injury
to any person or persons, including injury causing death, and for
any injury, damage and/or destruction of property sustained, or alleged
to have been sustained, by any party or parties, corporation or corporations,
in, about and in connection with the construction of the work, or
any part thereof, or any negligence in guarding the same, or by, on
account of any act of commission or omission of said applicant, his
employees, servants or agents; and in case of any such action being
brought against the Borough the applicant shall immediately take charge
of and defend the same, at his own cost and expense. The applicant
shall carry all bonds and insurance necessary to adequately cover
the provisions stipulated herein.
(2)
The Borough Engineer or Borough Road Foreman is charged
with the enforcement of all the provisions of these regulations and
are the agents acting for the Mayor and Borough Council of the Borough
of Riverdale.
A.
Access to fire hydrants, intersecting streets and
private driveways shall be maintained at all times during the course
of the work.
B.
The permittee shall conduct his operations so as to
cause as little interference to traffic as possible. Trenches shall
be opened for a distance of not more than 300 feet in advance of the
laying of the subsurface structure. Transverse openings involving
the full width of any roadway shall be made so that only 1/2 of the
roadway will be obstructed at any one time.
C.
Services. Where possible services shall be driven
or bored.
[Added 2-14-1962 by Ord. No. 2-62]
Should an emergency situation develop, necessitating
the opening of any road or street, whereby there would be insufficient
time for any person, firm or corporation to make the necessary application
required by this article, or to give the required forty-eight-hour
notice, then such person, firm or corporation shall immediately contact
the Mayor of the Borough of Riverdale, or in his absence, the next
chief executive officer of the Borough of Riverdale, and set forth
the entire nature of the emergency and the contemplated work. Should
the Mayor or other chief executive officer determine that an emergency
situation does exist, and the ordinance cannot be complied with, then
said Mayor or other chief executive officer may permit the street
opening to be made for such emergency situation, upon such terms and
conditions as set forth by said Mayor or other chief executive officer.
However, should such emergency permission be given, then the applicant
shall forthwith, within 24 hours thereafter, make the necessary application
to the Borough of Riverdale and post the payment required by this
article; said applicant, shall, however, comply fully with all other
terms and conditions of this article in respect to said street opening
and all of the terms and conditions set forth in this article shall
be deemed to be immediately applicable to the applicant and acceptable
by the applicant.
[Added 2-14-1962 by Ord. No. 2-62]
If the contemplated street opening is necessary to supply a utility for heating or cooking for a residential use, and the building containing said residential use is occupied by said residents, then the forty-eight-hour notice required under § 147-11 of this article may be reduced to 24 hours' notice.
[Amended 9-21-1992 by Ord. No. 4-92; 6-24-2015 by Ord. No. 7-2015]
Any person, firm or corporation violating this article shall
be subject, upon conviction, to a fine of not more than $1,000 or
imprisonment for not more than 90 days, or both, in the discretion
of the judge imposing the same.
