[Adopted 10-12-1970 by Ord. No. 1250; amended in its entirety 2-23-2000 by Ord. No. 2104 (Ch. 102, Art. I, of the 1975 Borough Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any person who may open or excavate a street, road, avenue
or alley.
It shall be unlawful for an excavator to open or excavate a
street, road, avenue or alley without first having obtained a permit.
A.
The application for the aforesaid permit shall be filed with the
Superintendent of Public Works or his designee, with the appropriate
fee and deposit, and shall contain the following information:
(1)
The name and post office address of the excavator.
(2)
The location of the proposed excavation.
(3)
The purpose for making the excavation.
(4)
The approximate length, depth and width of the proposed excavation.
(5)
The estimated dates of the opening and closing of the excavation.
(6)
A description of any installation which will be exposed by the excavation
in addition to those installations upon which the excavator proposes
to work.
B.
The excavator shall file with the application a statement that the
Borough, its officers, agents, servants and employees shall be saved
harmless by the excavator from and against any loss, injury or damage
that may result from any opening or excavation or the restoration
thereof, and that in the event the Borough or any of its officers,
agents, servants and employees are joined as parties defendant in
any civil action because of any loss, injury or damage resulting from
such opening, excavation or the restoration thereof, the excavator
shall defend said action on behalf of the Borough, its officers, agents,
servants and employees at its own cost and expense, and that if any
of the officers, agents, servants and employees of the Borough do
any work or perform any act at the site of any opening or excavation
in the interest of safety, they shall be deemed to have continuing
authorization from the excavator to do so and shall be acting as the
agents of the excavator in the premises. In addition, the excavator
shall file with the application a certificate of liability insurance
certifying coverage in amounts not less than $250,000/$500,000 for
personal injury and $250,000 for property damage.
[Amended 2-27-2003 by Ord. No. 2183]
[Amended 2-27-2003 by Ord. No. 2183]
A.
The aforesaid permit shall be issued by and countersigned by the
Superintendent of Public Works or his designee. The fee shall be $100
for any opening between the curbline and property line of any street
or any opening into the street beyond the curbline. In addition, the
excavator shall deposit with the Superintendent of Public Works or
his designee a certified check, bank check, money order or bond in
an amount equal to the cost of restoration, to be computed as the
product of the area of the opening at the unit prices. In no event
shall the deposit be less than $500 for each excavation. After its
completion, the Superintendent of Public Works or his designee shall
inspect the restoration to determine compliance with provisions of
this article. If it becomes necessary for the Borough to restore the
excavation, then the cost thereof shall be charged against said deposit.
The Superintendent of Public Works or his designee is authorized to
retain the deposit for a one-year period from date of application.
B.
The unit prices for the excavation deposit shall be as follows:
[Amended 2-27-2003 by Ord. No. 2183]
In the case of an emergency where time does not permit the filing of the application required by this article, an excavation may be made prior to securing a permit therefor; provided, however, that such application shall be filed in the manner set forth herein not later than 9:30 a.m. of the next business day following the commencement of the excavation. Such application shall contain, in addition to the information required by § 400-3, the nature of the emergency and the time when the excavation was commenced and, prior to commencing said excavation, the contractor shall notify the Roselle Police Department who in turn shall contact the Superintendent of Public Works or his designee who shall respond to the location. The contractor shall reimburse the Borough for up to four hours of overtime for the responding employee. Notwithstanding the notification provisions herein, the contractor may commence the street opening prior to the arrival of the Superintendent of Public Works or his designee.
A.
The excavation, any obstruction caused thereby and any barrier erected
or placed to indicate that a public way is closed by reason thereof
shall be well lighted so as to give adequate warning to pedestrian
and vehicular traffic as conditions require. Such warning lights shall
in no event be open flames unguarded by glass or similar material.
B.
The Superintendent of Public Works may require the excavator to,
and in such event he shall, cover all or part of the excavation with
steel plates of adequate thickness where in his opinion safety considerations
so require.
C.
The Superintendent of Public Works may require the excavator to,
and in such event he shall, provide lateral support to part or all
of the excavation where it appears to him that the subgrade earth
may give way.
D.
The Superintendent of Public Works may require the excavator to,
and in such event he shall, alter the dimensions of dirt piles and
relocate the placing of equipment in the interest of safety and in
order to prevent any unnecessary obstruction of view.
E.
The Superintendent of Public Works may require the excavator to,
and in such event he shall, station a watchman at the site of the
excavation when other safety precautions are deemed to be inadequate.
A.
Upon completion of the installation and/or repair, the excavator
shall immediately backfill and compact the excavation with bank-run
gravel to a level of 1 1/2 inches to 2 1/2 inches below
the pavement surface grade. The fill shall be properly tamped with
air tools in layers not exceeding six inches and shall immediately
be covered with a temporary patch 1 1/2 inches to two inches
in thickness of Type A blacktop.
B.
No less than 10 days after the placing of the temporary patch or
upon being directed to do so by the Superintendent of Public Works
as hereinafter provided, the excavator shall lay the permanent pavement
and subpavement.
C.
After the period of time herein specified or permitted, the excavator
shall remove the temporary patch and shall cut the pavement back from
the undisturbed edges of the excavation for a distance of at least
nine inches and to a depth of at least eight inches where the pavement
is Portland cement concrete and to a depth of 10 inches where the
pavement is bituminous concrete. Such depth shall be carried uniformly
across the original opening.
D.
The excavator shall then pour a spanning slab of 3% to 6% air-entrained
concrete, of a strength of 3,000 pounds per square inch, at least
eight inches thick from undisturbed subgrade on one side to undisturbed
subgrade on the other side of the excavation. Where the pavement is
portland cement concrete, the spanning slab shall be placed even with
the surface grade. Where the pavement is bituminous concrete, the
spanning slab shall be poured to a level of 1 1/2 inches to 2 1/2
inches below the surface grade and a permanent surface patch of hot-mix
bituminous concrete shall be placed over the hardened slab and rolled
to surface grade.
E.
The wearing course of the permanent pavement shall conform in all
aspects to the existing surrounding pavement as to quality, color
and texture.
F.
The excavator may, with the written permission of the Superintendent
of Public Works, lay the permanent pavement and spanning concrete
slab immediately after the fill is tamped and without first laying
the temporary blacktop.
G.
The excavator shall perform all work in a workmanlike manner and
shall proceed to its completion expeditiously, whereupon he shall
remove all debris, dirt, mud deposits and other material so as to
restore the excavation site and the surrounding area to its condition
prior to the excavation. The restoration shall be maintained and kept
in repair by the excavator for a period of two years.
H.
DIRECTOR
OPENING
PAVEMENT
SHOULDER
STREETS
Definitions. For the purpose of this section of the article, the
following words and phrases shall have the meanings respectively ascribed
to them by this subsection:
[Added 6-22-2011 by Ord.
No. 2399-11]
Director of Public Works and the Borough Engineer.
Includes removing, digging in, disturbing, excavating or
taking up any surface, pavement or soil of any street as defined in
this article.
Includes the regularly traveled portion of any street, being
the same constructed of bituminous concrete, Portland Cement concrete,
penetrated macadam, macadam, or stone or other material having a seal
coat of one or more applications of asphaltic oil or tar with or without
stone chips.
Includes that area within the street right-of-way, adjacent
to the existing pavement as described above and available for use
by vehicular traffic.
Includes any street, highway, lane, alley, court, sidewalk
or public place in the City recognized as such by the City and under
its control.
I.
Permit required.
[Added 6-22-2011 by Ord.
No. 2399-11]
(1)
No person, firm, or corporation shall construct, remove, replace
or repair any sidewalk, curbing, driveway, street opening or any excavation,
or place any form of construction in, over or upon any street or otherwise
endanger or obstruct the normal flow of traffic or normal flow of
surface water, by the placing of any barricade, structure, material
or equipment not normally designated to be operated, placed or used
on a street without first obtaining a written permit, approved by
the Director or his designee, which shall be issued by the Director
or his designee, for such fees as provided in this article. Before
a permit is issued, application must be made therefor upon forms provided
by the Borough. The application shall include scaled or dimensioned
drawings satisfactory to the Director or his designee, showing all
details of any structures, pipes, ducts, wires, cables, or other facilities
being installed in the street or of any street being altered in any
way.
(2)
The Director or his designee shall grant such permit when all of
the requirements of this article have been complied with by the applicant.
(3)
A separate permit will be required for each opening made.
(4)
Every permit shall specify the name and residence of the applicant,
the place and places at which the work is to be done, the character
of the work, and the time within which it is to be completed. The
permit must be visibly exhibited, must be in the possession of the
parties doing the work and must be exhibited to the Director or his
authorized representative upon request. No such permit shall be valid
except for the place, time and character of work specified therein.
(5)
The Director or his designee shall have the right to revoke or cancel
the permit at any time should the permittee fail to comply with any
of the terms, agreements, covenants, and conditions thereof.
(6)
The permit shall not be assigned or transferred except upon the prior
written consent of the Director or his designee.
(7)
Performance of work; opening approval; fees; restoration.
(a)
All work performed in accordance with permits issued under this
article shall be constructed, removed, replaced, or repaired in accordance
with such grades and specifications as may be determined or promulgated
by the Director or his designee, and the permittee shall perform the
work so as to meet the grade and alignment of the adjoining sidewalk,
curb, and driveway and/or such established line and grade as may be
determined by the Director or his designee, and in accordance with
the latter's directions.
(b)
Except as provided in § 400-7I(7)(b)[2] of this subsection, no permit shall be issued for a newly constructed or substantially improved street for a period of five years from the date of acceptance of such construction except in cases of emergency as described in § 400-5 Emergency work. Ninety days prior to the start of construction of permanent pavement on any street, the Director or his designee shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Chief and the Fire Chief of such construction and of the provisions of this section. Sidewalks shall be exempt from the provisions of this section.
[1]
For any applicant to open any paved or improved street surface
which is less than five years, the Director or his designee shall
be required to secure approval therefor from the governing body by
resolution before any permit can be approved hereunder.
[a]
Where the Director makes application for governing
body approval as provided hereunder, the Director shall provide, to
the extent possible, all efforts made by the applicant, if any, to
avoid the street opening and therefore the basis for the requested
Council approval.
[2]
Charges.
[a]
Should an applicant be granted a permit to open the paved street as described herein above, there shall be a charge for said opening, except in the case of emergencies as described § 400-5 Emergency work. The charge shall be on a sliding scale determined as follows:
[b]
The assessment factor is 2% of the above total for each unelapsed month or fraction thereof of the five-year (60 months) restricted period. The maximum assessment shall be 120% of the above total; provided, however, that no assessment hereunder shall be less than $500. Inspection and permit fees set forth herein are payable in addition to the assessment charge(s) set forth herein pursuant to § 400-4, Issuance of permit; fees and deposit. No portion of the assessment charge shall be refundable nor shall such assessment payment relieve the permit holder from the required insurance(s) for the restoration of all road openings in "new street" pavement. All restoration hereunder shall include infrared pavement repair.
(c)
All street openings, excavations, and restoration thereof shall
be made under the supervision and control of the Director or his designee
and subject to his inspection. The Director or his designee shall
not be required to inspect any work done under the provisions of this
section unless the permittee shall have given not less than 48 hours'
notice that said work is ready for inspection.
(d)
Restoration. The permittee shall restore the site or work promptly,
upon completion thereof; all surplus excavated material and debris
to be removed and shall restore the site of the work in a neat and
orderly condition. Where topsoil, seeded areas or sod are disturbed
in the course of the work, the permittee shall restore the ground
surfaces to a condition the same as they were previously.
A.
No excavator shall operate any air compressor, hammer or other loud-sounding
equipment between the hours of 6:00 p.m. and 7:00 a.m. unless required
to do so by an emergency, in which event the prior approval of the
person then in charge of the Department of Public Works shall be obtained
whenever practicable.
B.
No excavator shall place any earth along a curb gutter unless adequate
provisions are made for the normal flow of surface water.
The Police Department, the Fire Department, the Borough Engineer
and the Department of Public Works may, when the officers in charge
of each such Department concur and consider it advisable, close to
traffic any public way for such time as may be considered necessary
during the progress of an excavation.
Should the excavator fail to complete the restoration within
60 days after placing the temporary pavement patch or within five
days after being directed to do so by the Superintendent of Public
Works when the period of 60 days has been exceeded owing to inclement
weather or temperatures lower than 40° F., the Superintendent
of Public Works may arrange to have the restoration completed at a
cost to the excavator not exceeding the amount deposited by him for
said excavation in connection with the issuance of the street opening
permit.
Any person violating any provisions of this article shall, upon
conviction thereof, be subject to a fine not exceeding $500 or be
imprisoned for a term not to exceed 90 days, or both. Every day on
which such violation continues shall constitute a separate offense.
