[Adopted 4-18-2012 by Ord. No. Z-167; amended in its entirety 11-3-2021 by Ord. No. B-401]
The following are the rules and regulations, including fees,
which shall govern road opening permits within the City of Hoboken.
As used in this article, the following terms shall have the meanings
indicated:
Any public or private utility company making application
to the City Engineer for a road opening permit hereunder. If the applicant
is a contractor who will be performing the excavation work on behalf
of another party, the contractor shall be a co-applicant, and the
party on whose behalf the work is being performed shall be the applicant.
The City of Hoboken.
The person appointed to the position of City Engineer or
any person authorized to act as his or her representative.
A contractor who will be performing excavation work on behalf
of the applicant, and who is jointly and severally responsible and
liable along with the applicant for compliance with all items and
conditions of this article and any penalty or claim filed by the City
as a result of any violation of this article.
An area consisting of depressed curb height constructed for
the purpose of accommodating vehicular access to abutting property.
A cash, check, or cash-equivalent deposit to be used by the
City to reimburse outside professionals and/or inspectors deemed reasonable
and necessary to protect the interest of the City.
[Added 7-12-2023 by Ord.
No. B-574]
The digging, displacing, undermining, opening, boring, tunneling,
auguring or in any manner breaking up of any improved or unimproved
road, street, curb, sidewalk, gutter or other public property in any
roadway or any portion of a City right-of-way.
A written plan that outlines the safety management systems
that will be used by the applicant/permittee and their contractor(s)
to control losses at the excavation/work site.
[Added 7-12-2023 by Ord.
No. B-574]
A paving restoration method utilizing infrared heat to properly
restore existing asphalt.
Common unit of English measurement used to determine openings
in City roads, equal to 12 inches.
Security in the form of either a bond, certified check, or
other security acceptable to the City posted by an applicant or co-applicant
to guarantee proper maintenance of the reconstruction of the site
of any road opening for a period of two or five years after final
acceptance.
[Amended 7-12-2023 by Ord. No. B-574]
Manual on Uniform Traffic Control Devices.
Security, in the form of either a bond, letter of credit
or a certified check posted by an applicant or co-applicant to guarantee
proper closure and satisfactory reconstruction of the road opening.
Any person who has been granted and has in full force and
effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
municipality, company or organization of any kind.
Person or entity who has the legal or rightful title to the
property in question; the person to whom the property belongs.
[Added 7-12-2023 by Ord.
No. B-574]
An excavation for a single-family dwelling, duplex or common
driveway, which serves two single-family residences in accordance
with a subdivision approval requirement of the City's Planning Board.
The surface area of the opening made in the City roadway
or property by the permit applicant. It shall be the product of the
length and width of the opening measured in feet. In case of irregular
openings, the City may, at its sole discretion, choose to average
the length and/or width.
Any street, highway, road, roadway, sidewalk, alley, avenue,
pavement, shoulder, gravel base, subgrade, curb, gutter, including
drainage structures, utility structures and all other appurtenant
structures, trees and landscaping; or any other public right-of-way
or public ground in the City of Hoboken and/or under control of the
City of Hoboken.
[Amended 7-12-2023 by Ord. No. B-574]
A regulated entity that provides a public service or commodity,
such as telephone, fiber optic cable, wireless, water, sewer, gas
and electric.
A.
No person, firm, corporation, public utility, authority or municipality
will hereinafter tear up, open, remove, construct, reconstruct, tunnel,
bore, probe, obstruct, or excavate any portion of any road, street,
curb, sidewalk, utility, facility, or any portion thereof, in the
City of Hoboken (City), owned, maintained or controlled by the City
as part of the City's infrastructure system, for any purpose whatsoever,
without first making application for, and receiving, a permit therefor,
signed in the name of the City by the City Engineer.
B.
Any road, street, curb, sidewalk, bridge, utility, facility, or structure
under the jurisdiction of the City that is obstructed, opened, removed,
constructed, reconstructed, tunneled, bored, probed, excavated, damaged
or destroyed without prior approval of the City Engineer will result
in a fine, and repairs shall be made by the applicant to the satisfaction
of the City Engineer.
A.
An application for a road opening permit should allow 10 business
days for review (with exceptions for emergencies) by the City Engineer.
(1)
Applicants shall state the name, address, and phone contact of the
applicant; the name, address, and phone contact of the property owner(s);
the name, address, e-mail address, and twenty-four-hour phone contact
of the contractor(s)/subcontractor(s) performing the work; with the
name of the City road to be opened [with notation to cross streets
and immediately adjacent street address(es)]; the nature of work to
be performed; and the anticipated start and completion dates.
(2)
The permit application shall be accompanied by detailed design drawings indicating the exact extent of work for review and approval by the City Engineer prior to starting work, as well as a traffic control plan, certificate of liability insurance (in accordance with § 168-60, Insurance required), Zoning Board approval, Planning Board approval, and/or county or state approval, as applicable. The drawings shall show all existing utilities, depth of excavation, connection details, and utility crossing/protection details. In addition, for proposed trench excavations 25 feet or longer, the permit shall be accompanied by a construction Health and Safety Plan (HASP). The City Engineer reserves the right to require plans or drawings to be prepared by a New Jersey licensed professional engineer for installation or demolition/abandonment of utilities, services, and/or structures within the public right-of-way. In addition, for proposed trench excavations of 25 feet or longer, the base mapping for the plans shall be prepared by a New Jersey licensed surveyor.
[Amended 7-12-2023 by Ord. No. B-574]
(3)
Where the road opening permit involves a site plan or a subdivision
plan approved by the City Planning Board or City Zoning Board, a copy
of the approved site plan or subdivision plan will be submitted with
the application. The permittee will comply with this article and the
regulations herein and laws related to the proposed work and any other
data as may be reasonably required by the City Engineer.
(4)
All construction shall be governed by the New Jersey Department of
Transportation (NJDOT) Standard Specifications for Roads and Bridge
Construction, latest edition, and any amendments thereto. Permits
are valid for 90 days from date of issue unless otherwise noted. The
validity of the permit may be extended, in the City's sole discretion,
if so requested, in writing, by the applicant prior to its expiration
period thereof, for such additional periods as requested by the applicant
and acceptable to the City. The City Engineer may, in his or her sole
discretion, approve the extension subject to conditions and/or limitations
or deny the extension and declare said permit to be null and void
upon expiration of the term of the original permit.
(5)
Permit fees may be paid in the form of a check or money order payable
to the "City of Hoboken" or in the form of a valid credit card. No
cash will be accepted.
B.
Emergency provisions.
(1)
For purposes of this section, an emergency is defined as any event
in which a structure, sewer, water main, conduit or other utility,
in, under or over any road, street, or sidewalk, breaks, bursts or
otherwise is in such condition as to immediately endanger the property,
life, health or safety of the public.
(2)
In an emergency, the person, company or utility owning or controlling
such structure, sewer, water main, conduit or utility shall immediately
take proper measures to secure and/or remedy the dangerous conditions
for the protection of property, life, health and safety of the public.
(3)
In an emergency, the advanced filing period may be waived, but the
City Engineer must be notified immediately of the occurrence. Notice
shall be provided by calling the Office of the City Engineer at (201)
420-2000, 1107 and sending an email to engineering@hobokennj.gov stating
"Emergency Road Opening" in the subject line. A full description of
the nature of the emergency shall be included in the body of the email.
(4)
All submissions must be received within 24 hours from the time of
opening the street or on the next business day, whichever is earliest
or a late fee of $100 per day may be assessed. No permanent restoration
may be made before first obtaining a permit hereunder and backfill/restoration
inspections shall have been completed.
C.
Permit fees will be charged according to the Fee Schedule at Schedule 1 of Chapter 168.[1] The permittee may not perform any work other than that
for which the permit provides, and all applicable fees have been paid.
A separate permit will be required for each and every opening except
where multiple openings are requested within the same block or street
and for the same purpose, e.g., multiple gas service replacement on
a single street. By signing the permit application the applicant agreess
to be bound by all obligations of the permit and this article and
will be referred to as the "permittee." A permit may not be transferred.
[Amended 7-12-2023 by Ord. No. B-574]
(1)
The road opening permit fee will be waived by the City for county-owned
and privately owned roads where the water main is 12 inches in diameter
or greater, though the general permit application fee and escrow fee
will still be required by the City.
(2)
Escrow fee. At the time of filing of an application for a road opening
permit, the applicant shall be required to post a cash fee escrow
deposit to be used by the City to pay professional review and/or inspection
fees deemed reasonable and necessary to protect the interest of the
City. The escrow shall be cash, certified bank check, or other cash
equivalent acceptable to the City Engineer to be utilized as per § 168-591.
Any unused portion of the escrow shall be returned to the applicant
without interest. The escrow shall be replenished if needed by the
permittee upon request of the City Engineer.
[1]
Editor's Note: Said Fee Schedule is included as an attachment to this chapter.
D.
If the application for a permit, or any extension thereof, is denied,
the City Engineer will send the applicant a written notification of
the denial and will state the reason of denial. Any permit issued
under this article may be revoked at any time by the City Engineer
for work conducted outside of the submitted permit area, work plans
and/or failure to comply with this article and conditions of the permit
application. The City Engineer also reserves the right to stop work
for failure to comply with this article and/or may order the completion
of sufficient work to ensure the safety of individuals and vehicular
traffic.
[Amended 7-12-2023 by Ord. No. B-574]
A.
All permittees [excluding public utilities, their registered and
authorized contractor(s)/subcontractor(s), agents or contractor(s)/subcontractor(s)
of county, state or federal agencies] will deposit a guaranty of credit
with the City Engineer in the form of a bond, or note of certified
funds, acceptable to the City Engineer. Two years after final restoration
of work and upon written request by the permittee, pending the approval
of the City Engineer, the guaranty will be released, with the exception
of newly paved roads, where the bond must be for five years. However,
should the City Engineer, upon final inspection, determine that the
construction and/or reconstruction done under the permit was unsatisfactory
and/or otherwise in violation of the approved plans or conditions
attached to the permit, and should the permittee, upon receipt of
written notice of deficiencies, fail to remedy same within 30 days,
then the City shall deduct from the permittee's guaranty all expenses
incurred by the City in performing the necessary repairs to remediate
same.
B.
Bond fee. Each applicant/permittee shall submit and maintain with the City a cash deposit in accordance with § 168-58 or other security acceptable to the City Engineer, securing the faithful performance of the obligations of the City and/or permittee under any permit(s) to excavate and the compliance with all terms and conditions of this chapter. Municipal excavators and other frequent applicants may submit a single bond for multiple excavations so long as a constant balance of $25,000 is maintained on file with the City. If the City Engineer has deducted from such a bond, the utility or municipal excavator or other frequent applicant must restore the full amount of the bond prior to the City's issuance of a subsequent permit.
C.
The City Engineer shall have the right to perform borings in the
pavement, cut cores in the pavement or to perform other investigations
as deemed necessary to confirm that the provisions of the road opening
permit have been satisfied. Upon a finding that the permittee failed
to satisfy the provisions of the permit and/or this article, the cost
of such investigation and all rehabilitation and/or remediation costs
shall be billed to the permittee.
D.
The City Engineer may require an extended maintenance period in excess
of one year and an additional maintenance guaranty, depending upon
the nature of the work involved. This additional obligation shall
be noticed to the permittee at the time of approval of the application
and shall be released upon completion of the work and acceptance of
the work by the City Engineer.
E.
When a maintenance bond is posted, it will be executed by the permittee
as principal and a surety company licensed to do business in the State
of New Jersey as surety.
F.
The release of the guaranty will also be conditioned upon the permittee
restoring the surface and any damage to the streets abutting the work
site, and those streets which had sustained damage through the use
of construction equipment, and vehicles.
G.
For utility main construction, other or additional conditions may
be prescribed by the City. The City requires the permittee to hand
dig wherever proposed work is within five feet of a marked-out water
main. Plans for such projects must have the approval of the Director
of Transportation and Parking the City Engineer before a permit may
be issued.
H.
If the work requires the temporary displacement or loss of on-street
parking, then the permittee shall provide proof of purchase of temporary
no-parking signs to the extent that both the proposed work area and
the days and hours planned are properly reserved and demarcated. If
temporary parking signs are obtained, the Hoboken Parking Utility
and/or the Hoboken Police Department may relieve the area of unmoved
parked vehicles.
I.
The City requires that the applicant/permittee post an initial escrow
of $5,000, to be replenished by the permittee as needed, to cover
the following costs:
(1)
Engineering review of design drawings and construction procedures.
(2)
Exercising of water system valves in general vicinity of proposed
work area to ensure a shutdown of the water main can occur, if needed.
(3)
Full-time inspection during roadway openings where the water main
is 12 inches in diameter or greater.
J.
In the instance where administration of this article or inspection of an excavation is complex and therefore unusually costly to the City, the City Engineer, in his or her discretion, may require an applicant or permittee to pay an additional sum in excess of the amounts charged pursuant to § 168-58C. This additional sum shall be sufficient to recover actual costs incurred by the City and shall be charged solely on a time and materials basis. The City Engineer also may charge for any time and material costs incurred by other agencies, authorities, board, commissions, or departments of the City in connection with the administration or inspection of the excavation. Whenever additional fees are charged, the City Engineer will provide in writing the basis for their imposition. The City Engineer may, whenever practicable, provide the permittee with a cost estimate of additional fees to be levied by the City prior to the issuance of a permit.
The applicant will provide insurance as follows:
A.
No permit shall be issued until all insurance as required under the
following subsections is submitted and until such insurances have
been approved by the City Engineer, nor will the permittee allow any
of his/her contractor(s)/subcontractor(s) to commence work on his/her
subcontract until all similar insurances required have been obtained
and approved. All certificates of insurance shall be presented prior
to the permit being approved and released. All certificates of insurance,
except workers' compensation insurance, as required herein, shall
name the City, and all of its officers, employees, agents and assignees,
as additional insured. All certificates of insurance shall include
a thirty-day notice to the City of Hoboken prior to termination of
the insurance. All insurance coverages shall be with an insurance
carrier licensed to provide insurance of the nature offered in the
State of New Jersey.
B.
The permittee will take out and maintain during the work under the
permit workers' compensation insurance for all of his/her employees
at the site of the project; and in case any work is sublet, the permittee
will require the subcontractor(s) similarly to provide workers' compensation
insurance for all of the latter's employees, unless such employees
are covered by the protection afforded by the permittee. In case any
class of employees engaged in hazardous work under the permit at the
site of the project is not protected under the workers' compensation
insurance status, the permittee will provide and will cause each subcontractor(s)
to provide workers' compensation insurance status for the protection
of his/her employees not otherwise protected.
C.
The permittee will obtain and keep in force during the work under
the permit general and public liability and property damage insurance
coverage(s), in a form to be approved by the City of Hoboken Office
of Corporation Counsel. Said insurance will provide coverage to the
permittee, any contractor(s)/subcontractor(s) performing work provided
by the permittee, and the City. The City and its officers, agents,
servants and employees, as their interest shall appear, will be named
as additional insured on said policy insofar as the work and obligations
performed under the permit concerned with address and location of
the work site. The coverage so provided shall protect against claims
for personal injuries, including death, as well as claims for property
damage which may arise from any act or omission of the City, the permittee
or the contractor(s)/subcontractor(s), or by anyone directly employed
by either of them, and the minimum policy limits of such insurance
will be as follows:
(1)
Bodily injury liability coverage with limits of not less than $1,000,000
per occurrence.
(2)
For bodily injury, including accidental death to any one person,
and subject to that limit each person in the amount not less than
$1,000,000.
(3)
For each accident and property damage coverage in an amount of not
less than $1,000,000 for each accident.
D.
The permittee. Its employees and agents agree to save the City, its
officers, agents, servants and employees from all loss damages occasioned
to it, or to any third person, or property by reason of any carelessness
or negligence on the part of the permittee, its contractor(s)/subcontractor(s),
agents, and employees in the performance of the work under the permit
and will, after reasonable notice thereof, defend and pay the expense
of defending any suit which may occur against the City, its officers,
agents, servants and employees, as their interest may appear, by the
third person alleging injury by reason of such carelessness or negligence,
and will pay any judgment which may be obtained against the City,
its officers, agents, servants and employees, as their interest may
appear, in such suit. The permittee will furnish the insurance required.
E.
Automobile and truck insurance, covering vehicles owned, leased,
rented, loaned and/or operated by the permittee, and vehicles operated
for the permittee, including those employees when so operated, will
be provided as follows:
A.
There shall be a five-year moratorium for road openings on any street paved within the previous five calendar years. Except as noted in § 168-61C, no permits will be issued for road openings, cuts or excavations in City streets or sidewalks paved or otherwise improved with public funds during this time period.
B.
Public utility providers shall maintain active status and current
contact information on record with the DTP and The City Engineer to
ensure proper communication of annual paving programs. The City Engineer
shall notify, once a year, public utility providers on record of the
dates and locations of planned work on City sidewalks/streets/roads.
Any utility work to be performed on these sidewalks/streets/roads
shall be completed prior to the start of construction or paving. Such
notice will state that no road opening permit will be issued for openings,
cuts or excavations in said City road for a period of five years (hereafter
referred to as "five-year embargo") after the date of paving. The
notice will also notify such permittee that application for road opening
permits for work to be completed prior to such construction/paving
shall be submitted promptly in order that the work covered by the
permit may be completed prior to planned construction/paving.
C.
An exception may be made if, in the judgment of the City Engineer,
an emergency or hardship exists which makes it absolutely essential
that a road opening permit be issued. Applicants must submit documentation
of the hardship or emergency with the permit application for consideration.
D.
The City Engineer is authorized to request a surety bond or equivalent
in the minimum amount of $100,000, or higher, as determined by the
City Engineer or its designated representative, to assure that any
road opening on roadways paved within the past five years is restored
satisfactorily.
E.
An exception to the bonding requirement above may be extended to
a public utility corporation subject to regulation by the Board of
Public Utility Commissioners, which has the right to lay, construct,
install, maintain and operate its work or facilities, or any of them,
in any public road or street of the City, if such public utility corporation
shall, prior to the performance of any such work, have filed with
the City Clerk its bond running to the City of Hoboken in the sum
of $500,000 conditioned for the temporary and permanent restoration
of any road, street or pavement therefor which may be opened or excavated
by such utility, its employees or contractors, without undue delay
to as good condition as the same was at the time of the opening therefor
and to the satisfaction of the City Engineer. This bond, hereafter
referred to as the "utility expediting bond," shall further provide
that the obligation therefor shall be a continuing obligation to the
full amount thereof of each opening of any road or pavement. In the
event the utility expediting bond described above is exhausted due
to a failure of the public utility to return an area to as good condition
as the same was at the time of the opening therefor and to the satisfaction
of the City Engineer, then said utility shall no longer be eligible
for the exceptions described in this section.
Construction on City streets/roads/sidewalks, pursuant to this
article, will conform to the most-recent design standards, plans,
details, specifications, method of construction and traffic control.
All work shall be conducted within a clearly defined work zone, and
conforming to the Manual on Uniform Traffic Control Devices, as published
by the USDOT-FHA, and in compliance with underground utility mark-out
requirements. All permits issued shall be subject to the following
rules regulations.
A.
Safety.
(1)
All work will be conducted in such a manner as to cause the least public inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles, and the flow of water in the gutters. The permittee shall plan and carry out his or her work to provide for the safe and convenient passage of such traffic and to cause as little inconvenience as possible to the occupants of adjoining properties. (See § 168-65, Manner of conducting and carrying out work; maintenance of accurate drawings and plans required.) All openings, digging, excavations, plies of material, equipment, machinery, barricades, scaffolds/pedestrian sheds or obstructions, including earth and stone removed from excavations, shall be removed immediately or properly guarded at all times to prevent accidents. A sufficient number of lights and/or lanterns shall be maintained between sunset and sunrise by the person to whom such permit has been issued to designate such openings, excavations, construction or obstructions during the hours of darkness. Reflective barrels, blinking lights, warning signs, flagmen, uniformed traffic officers and all other man-powered equipment as required by, or directed by, the City Engineer shall be provided by the permittee or its designated contractor(s)/subcontractor(s).
(2)
The work area shall be made passable to all emergency vehicles during
all phases of work.
(3)
In the event that the work zone requires a full street or sidewalk
closure and the detour of vehicular and/or pedestrian traffic, the
permittee will submit a detour plan for review and approval by the
City Engineer. If the detour plan could potentially affect a neighboring
municipality, the Mayor's office must review and approve prior to
any road closings. All detours must be reviewed and approved by the
Hoboken Police Department. The detour signage must be properly installed
and maintained at all times. Any damage to the detour route must be
corrected by the permittee.
(4)
If the sidewalk is to be blocked or removed as part of the work,
the permittee shall maintain a minimum four-foot-wide pedestrian access
route or MUTCD-complaint pedestrian detour route. If the detour plan
requires the temporary sidewalk must be stabilized with asphalt which
will be ADA-compliant and safe for all users. No gravel fills will
be allowed as temporary sidewalks.
B.
Traffic directors. Whenever a sidewalk or roadway is closed, either
partially or in full, traffic directors may be required.
[Amended 7-12-2023 by Ord. No. B-574]
(1)
Police traffic directors will be off-duty police officers from within
the City of Hoboken. Police traffic directors will be located at specific
locations as required by the Hoboken Police Outside Employment (OEP)
Program or Traffic Divisions during construction hours. Applicants
must contact OEP in order to obtain the services of police traffic
directors. The name, address and telephone number of the local representative
is listed below:
OEP Office
City Hall
94 Washington Street
Hoboken, New Jersey 07030
Tel: (201) 420-2000, extension 1303
oep@hobokennj.gov
(2)
The permittee must provide payment in advance for police traffic
directors, which includes the use of police equipment and services,
as required for and by the police. This payment is separate from fees
associated with the road opening permit and is intended only for the
direct compensation of the police to perform their duties as police
traffic directors for the permitted work.
C.
Other stipulations. All work by the permittee will be done in accordance
with the provisions of N.J.S.A. 34:6-47.1 et seq., N.J.A.C. 12:186
and in accordance with the provisions of the Federal Occupational
Safety and Health Act of 1970, and Subpart N, Paragraph 1926.550,
of the rules and regulations issued under said acts.
D.
The City will not be liable for damages or for any personal injuries
or damages to property sustained as the result of any excavation or
opening in any road, street, bridge, sidewalk or curb work made by
any person by virtue of the provisions of this chapter.
E.
Neither the City nor any of its employees will be deemed to be the
agent or the servant of the permittee for any purpose of this section.
The permittee will notify the City Engineer by phone or email
at least 48 hours in advance of any activity and, likewise, at the
completion of the activity or project. Failure to provide such notification
may result in the cancellation of the permit. The permittee will keep
a copy of the permit at the job site at all times. The permittee will
retain full responsibility for any damages which may result from any
construction activity notwithstanding any approvals from the City
Engineer. Trenches may not be kept open when work is not in progress.
If work is stopped for more than 24 hours, the trench shall be temporarily
backfilled and capped with temporary pavement.
A.
Each permittee will conduct and carry out the work in such a manner
as to avoid unnecessary inconvenience and annoyance to the general
public and occupants of neighboring properties. There will be no encroachment
to adjoining properties without the prior written consent of the property
owner(s). The permittee will take appropriate measures to reduce,
to the fullest extent practicable in the performance of the excavation
work, noise, dust, soil erosion and unsightly debris. All work conducted
must also comply with City and/or state ordinances.
C.
Users of subsurface street space will maintain accurate drawings
and plans, showing the location and character of all underground structures,
including abandoned installations. Said drawings and plans are to
be kept on file in the office of said users and will at all times
be available to the City Engineer for inspection.
D.
No person will divert or discharge dirt, stone, grass, brush, leaves,
excavation material, water or any other matter into, upon or across
any City road or sidewalk so as to create a nuisance or a hazardous
condition or cause the adjacent drainage and pavement to be clogged
and/or damaged. All water pumped and bailed from the trench or other
excavation will be conveyed in a proper manner to a suitable point
of discharge. Hay bales, screening or other methods approved by the
Hudson County Soil Conservation District will be placed at inlets
to prevent sand and silt infiltration by the permittee and at his
or her expense.
E.
No injury will be done to any pipes, cables, conduits or other facilities
during the work performed under the road opening permit. During excavation,
if the permittee discovers any damage to other utilities or underground
structures, he or she must notify the City Engineer or its representative
immediately. Notice will be given beforehand to the utility company
maintaining any such pipes, cables or conduits as prescribed by law.
The permittee will not proceed with any road opening until he/she
submits to the City Engineer the proof of notification (One Call 1-800-272-1000)
to all utility mark-outs. It is the sole responsibility and duty of
the permittee to make such investigation and effort to locate all
utilities. The City will not be held responsible for any damage to
any utilities (seen or unseen) aboveground, underground or overhead,
or any claims resulting from damage to any utility (seen or unseen)
aboveground, underground, or overhead.
F.
The permittee will clean up and remove promptly and continuously
from the work site all excavated material and debris and upon completion
of the project will leave the work site and all surrounding areas
in a neat and orderly condition as good as it was previously.
A.
The permittee will maintain vehicular and pedestrian traffic in the
work area as per conditions stated in the permit.
B.
The permittee will backfill all excavated areas within the roadway
to a grade compatible with the existing traveled road, at such times
when work is not actively being done. This will include nights, weekends
and periods of shutdown. Trenches will not remain open overnight under
any circumstances. The work area must be maintained in a safe and
neat condition at all times.
C.
Roadways, shoulders and sidewalks in areas in which the permittee
has actually commenced construction operations, and which are reserved
for vehicular and pedestrian traffic, will be maintained by the permittee,
at his or her expense, free from obstructions and in a smooth riding
or walking condition at all times, including seasonal shutdowns.
D.
If the excavation extends the full width of the City road, only 1/2
of the road will be excavated at one time, and it will be backfilled
and a temporary pavement placed before the other half is excavated,
unless otherwise permitted by the permit conditions. Where considered
necessary, work under a permit will be carried on only within such
hours as allotted by the City Engineer and/or City ordinance. If work
cannot be completed within the time specified, open trenches will
be backfilled or covered with steel plates of sufficient strength
to carry all traffic safely. Plates must be recessed and pinned and
can only be left out with the approval of the City Engineer. If, in
the Department's judgment, traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the City Engineer will have full
power to order, at the time the permit is granted, that a crew of
workers and adequate facilities be employed by the permittee 24 hours
a day to the end that such excavation work may be completed as soon
as possible. The City Engineer will also have full power to limit
the hours of work as the public interest may require.
E.
All plates in roadways are to be countersunk between the dates of
November 15 and April 15.
A.
Immediately after the work is performed for which the permit had
been issued, road repair, backfilling and restoration shall be done
in accordance with the City of Hoboken standard details which are
incorporated into this article as Schedule 168-67a.[1] Excavated material shall not be used as backfill, unless
approved in writing by the City Engineer as an amendment to the permit
conditions.
[Amended 7-12-2023 by Ord. No. B-574]
(1)
For streets that have last been paved in excess of five years, trench
restoration shall include resurfacing to a constant width equal to
the widest part of the excavation on each block, plus one additional
foot in width on each side of the excavation.
[1]
Editor's Note: Said schedule is on file in the City offices.
B.
Temporary pavement or patch work will be permanently restored 30
days to 45 days after installation. The opening will be restored to
the grade, slope and profile that prevailed at the time of the opening,
or as directed by the City Engineer. The permittee is responsible
for the full restoration of the roadway surface, including all pavement
markings, within 48 hours of opening to vehicle and pedestrian traffic.
The applicant is responsible for notifying the City Engineer when
all work has been scheduled for completion to arrange for final inspection.
All inspections will be performed between 8:00 a.m. and 4:00 p.m.,
which are the City's normal business hours. Inspections after hours
and weekends will be charged accordingly as specified by this article.
C.
All existing pavements, road surfaces, pavement markings, signs,
sidewalks, brick pavers, curbs, gutters, pipes, manholes, drains,
conduits or other installations or fixtures, and property damaged
or destroyed by the permittee's activity or his/her contractor(s)/subcontractor(s),
will be corrected or repaired by the permittee or his/her contractor(s)/subcontractor(s).
D.
Where topsoil, seeded areas, sod or landscaping is disturbed in the
course of the work, the permittee will restore such ground surfaces
to a condition equal to that prior to commencement of work.
E.
If it is necessary to open a street that has been paved within the
last five years from the date of the permit application then it is
required that the permittee shall complete final pavement restoration
from curb to curb (or the full width of the road) to a distance of
approximately 200 feet around the area of the openings. For roadways
that have not been paved in the last five years, infrared pavement
restoration should be completed for all openings. This provision shall
not apply to individual property owners replacing lead services or
emergency water/sewer repairs. The City Engineer shall determine the
appropriate scope of work for property owners based upon the nature
of the required work and location.
[Added 12-21-2022 by Ord.
No. B-511]
F.
The distances in either direction of the opening will be determined
by the City Engineer based on the proximity to other roadways or utility
concerns. In most cases, final pavement restoration will encompass
100 feet in both directions of the opening for a full width of the
existing road. The City Engineer may allow resurfacing to the center
line of the road only if the opening is completed within one lane
and does not involve disturbance across the center line; however,
final determination will be at the discretion of the City Engineer
or her designee, based on other engineering and design considerations.
Exceptions will be made for emergency lead water service replacements
and emergency sanitary sewer lateral service repairs.
[Added 12-21-2022 by Ord.
No. B-511]
G.
Backfill, replacement of pavement base, and finished pavement. Activities
concerning backfilling, replacement of pavement base, and finished
pavement shall be performed in a manner specified by the permit regulations
and City of Hoboken standard details. In addition, these activities
shall be subject to the following requirements:
[Added 7-12-2023 by Ord.
No. B-574]
(1)
No excavation shall be left open overnight. Excavations shall either
be backfilled with DGA and compacted or (steel) plated.
(2)
Backfill. Each excavation shall be final backfilled and compacted
within 72 hours from the time the construction related to the excavation
is completed. The backfilling operations must be supervised by a City
inspector to ensure compliance with the City's standards.
(3)
Replacement of pavement base. Replacement of the final pavement base
shall be completed within 72 hours from the time excavation is backfilled.
Replacement of the pavement base must be supervised by a City inspector
to ensure compliance with the City's standards.
(4)
Finished pavement. Finished pavement restoration shall be completed
within 72 hours of replacement of the pavement base. Finishing operations
must be supervised by a City inspector to ensure compliance with the
City's standards.
(5)
Streets paved with cobblestones or brick pavers must be returned
to their condition as it was prior to excavation. The original cobblestones
or bricks must be set aside to be reused post-excavation. The following
is a list of streets paved in cobblestone yellow bricks:
(6)
Modification to requirements. Upon written request from the permittee,
the City Engineer may grant written approval for modifications to
the requirements of this section.
H.
Incomplete excavation; completion by the City. In any case where an excavation is not completed or restored in the time and manner specified in the permit, this chapter, or the orders, regulations, and City standards, the City Engineer shall order the property owner and/or permittee to complete the excavation as directed within 24 hours. If the property owner and/or the permittee should fail, neglect, or refuse to comply with the order, the City Engineer may complete or cause to be completed such excavation in such manner as the City Engineer deems expedient and appropriate. The property owner and/or permittee shall compensate the City for any costs associated with the administration and construction required to restore the excavation, including but not limited to any costs related to consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, authorities, boards, commissions, or departments of the City that were made necessary by said excavation. The cost of such work also may be deducted from the permittee's bond deposit pursuant to § 168-59. The City Engineer's determination as to the cost of any work done or repairs made shall be final. In addition, the property owner, his or her agent or permittee may be subject to those enforcement actions set forth in this article. Subject to the limitation set forth in Subsection I, completion of an excavation or restoration by the City in accordance with this article shall not relieve the property owner and/or permittee from liability for future pavement at the excavation site.
[Added 7-12-2023 by Ord.
No. B-574]
I.
Repair and maintenance obligation of permittee. Each property owner
and/or permittee that excavates or causes to be made an excavation
in the public right-of-way shall be responsible to maintain, repair,
or reconstruct the site of the excavation so as to maintain a condition
acceptable to the City Engineer for a period of two years after its
restoration.
[Added 7-12-2023 by Ord.
No. B-574]
J.
Subsurface or pavement failures; notice to responsible party. In
the event that subsurface material or pavement over or immediately
adjacent to any excavation should become depressed, broken, or fail
in any way at any time after the excavation has been completed, the
City Engineer shall exercise his or her best judgment to determine
the person(s) responsible. if any, for the failure in the subsurface
or surface of the public right-of-way and shall designate such person
as the responsible party. The City Engineer shall notify said person(s)
of the condition, its location, and the required remedy. Such person(s)
shall repair or restore, or cause to be repaired or restored, such
condition to the satisfaction of the City Engineer within 72 hours
of the notification. The City Engineer, in his or her discretion,
may extend the time for the responsible party to the repair or restore
the affected public right-of-way.
[Added 7-12-2023 by Ord.
No. B-574]
K.
Repair by the City. In the event that any person(s) fails, neglects, or refuses to repair any condition pursuant to the City Engineer's notice as set forth in Subsection J, the City may repair or restore, or cause to be repaired or restored, such condition in such manner as the City Engineer deems expedient and appropriate. The person(s) identified by the City Engineer as the responsible party shall compensate the City for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation. repair, restoration, or any other actual costs incurred by the City that were made necessary by reason of the repair or restoration undertaken by the City. The cost of such work also may be deducted from the permittee's bond pursuant to § 168-59. If there is no bond or the funds in the bond are insufficient to cover the cost of the repair, the cost shall be paid out of the moneys appropriated in the annual tax levy to the construction, repair and maintenance of City property in the same manner as other work is paid for, and the cost of such work, when finished, shall be certified to by the City Engineer and a certificate thereof filed with the Collector of Revenue, who shall proceed according to law for the collection of the same. The City Engineer's determination as to the cost of the repair or restoration performed shall be final. In addition, the responsible party may be subject to those enforcement actions set forth in this article. Repair or restoration by the City in accordance with this section shall not relieve the person(s) from liability for future pavement failures at the site of the repair or restoration.
[Added 7-12-2023 by Ord.
No. B-574]
L.
Emergency remediation by the City.
[Added 7-12-2023 by Ord.
No. B-574]
(1)
If, in the judgment of the City Engineer, the site of an excavation
is considered hazardous or if it constitutes a public nuisance, public
emergency, or other imminent threat to the public health, safety,
or welfare that requires immediate action, the City Engineer may order
the condition remedied by a written, electronic, or facsimile communication
to the person(s) responsible, if any, for remedying the condition
and shall designate such person as the responsible party.
(2)
If the responsible party is inaccessible or fails, neglects, or refuses
to take immediate action to remedy the condition as specified in said
communication, the City Engineer may remedy the condition or cause
the condition to be remedied in such manner as the City Engineer deems
expedient and appropriate. The person(s) identified by the City Engineer
as the responsible party shall compensate the City for any reasonable
costs associated with the administration, construction, consultants,
equipment, inspection, notification, remediation, repair, restoration,
or any other actual costs incurred by the City or other agencies,
boards, commissions, or departments of the City that were made necessary
by reason of the emergency remediation undertaken by the City. The
cost of such work also may be deducted from the permittee's bond.
If there is no bond or the funds in the bond are insufficient to cover
the cost of the repair, the cost shall be paid out of the moneys appropriated
in the annual tax levy to the construction, repair and maintenance
of City property in the same manner as other work is paid for, and
the cost of such work, when finished, shall be certified to by the
City Engineer and a certificate thereof filed with the Collector of
Revenue, who shall proceed according to law for the collection of
the same. The City Engineer's determination as to the cost of
any remediation performed shall be final. In addition, the responsible
party may be subject to those enforcement actions set forth herein.
(3)
Remediation by the City in accordance with this section shall not
relieve the person(s) from liability for future pavement failures
at the site of the remediation.
The provisions of this article will not be applicable to any
work under the direction of the City, by employees of the City or
by any contractor(s)/subcontractor(s) of the City performing work
for, and on behalf of, the City, necessitating openings or excavations
in City roads, streets, sidewalks, curbs, parks, utilities, facilities,
or any portion thereof. In the City of Hoboken, owned, maintained
or controlled by the City of Hoboken's infrastructure.
Any work done by the county and/or state governmental agencies,
their departments and divisions must be performed under the provisions
of this article, except that the City may waive any and all fees.
This article will not be construed as imposing upon the City,
or any official or employees, any liability or responsibility for
damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor will
the City or employees thereof be deemed to have assumed any such liability
or responsibility by reason of inspections authorized hereunder, the
issuance of any permit or the approval of any excavation work.
A.
No part of the City road right-of-way may be used for the conducting of private business, notwithstanding the provisions of § 168-1B. The City road right-of-way is to be kept clear of buildings, sales or merchandise displays, vehicle parking areas, servicing of vehicles, service of equipment, and appurtenances thereto.
B.
Under no circumstances will objects create an obstacle and/or line-of-sight
obstruction to motorists and pedestrians to observe oncoming traffic,
signals, signing, striping, pavement markings and/or any other hazardous
conditions. The City reserves the right to remove items deemed to
be obstructive, and/or hazardous. Objects not under permit work may
also be removed by the City and subject to notice of violation and
assessment of penalty.
A.
The location of soil borings, monitoring wells and/or geoprobes will
be shown on a site plan, at a scale of one inch equals 50 feet minimum,
and will be included with the application.
B.
The construction detail of soil borings, monitoring wells and/or
geoprobes will be included with the application.
C.
The permit will expire one year from the date of the completion of the removal of the monitoring wells and/or geoprobes, unless extended for good cause, in writing, by the City Engineer at the written request of the permittee. Removal of monitoring wells and/or geoprobes immediately after work is performed will be subject to § 168-67, Work site restoration.
A.
Underground storage tank inspections and removals will fall under
all rules, regulations and guidelines of this article, with exception
of the following: Tank abandonment and removal may be conducted by
businesses licensed by the State of New Jersey to perform such work.
B.
Abandoned tanks found not to be leaking any petroleum fluids, and
only after NJDEP inspection, may be backfilled as per NJDEP guidelines.
Abandoned tanks found to be leaking will be removed, along with their
contaminated soil. No permanent backfilling may be conducted prior
to the approval of an NJDEP inspection. The permittee will provide
to the Construction Official and the City Engineer a signed release
and report from the NJDEP, with the name and location of the disposal
site of the removed tank and contaminated soil. The Work Site Restoration
Ordinance will prevail.
A.
The City Engineer, and Department of Transportation and Parking is
hereby given the authority to enforce and perform the procedural and
administrative obligations of this article.
B.
The City Engineer, Department of Transportation and Parking, and
the Hoboken Police Department are hereby given the authority to enforce
any and all violations of this article and, upon determination of
a violation, may file a complaint with the Municipal Court and take
any other action consistent with this article or other applicable
law.
C.
If upon receipt of written notice of violation, the permittee has
failed to comply with any of the rules and regulations in this article,
then the City reserves the right to take corrective action to ensure
compliance. In such event, the permittee will be charged with the
cost of same, at a rate determined based on current contract rates,
if such are in effect or the actual cost of repairs paid to a contractor
selected by the City, plus 15% overhead. Any monies due to the City
in excess of the permit fee will be billed upon completion of the
work and must be paid by the permittee within 30 days after the receipt
of the bill. Failure to pay the full amount due will result in the
permittee paying the maximum interest rate allowed by law, as well
as any attorneys' fees and costs incurred by the City in furtherance
of the collection of said monies.
D.
The City Engineer will also have the authority to deny all future
permits until any unpaid balance as is satisfied.
A.
Any person, firm or corporation violating any of the provisions of
this article shall, upon conviction thereof, be subject to a fine
of not less than $100 nor exceeding $1,000, or imprisonment.
