Borough of Hopewell, NJ
Mercer County
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Table of Contents
Table of Contents
The power to regulate excavation and construction in the public streets is contained in R.S. 40:67-1. The power to provide specification for street construction is part of the general police power, R.S. 40:48-2.
[Ord. 220]
The following standard specifications shall govern the construction and reconstruction of roadways and appurtenances by developers and residents prior to acquisition or acceptances of such roadways and appurtenances by the borough council.
[Ord. 220; Ord. 677]
All construction work shall be performed in accordance with these specifications of the borough and the Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department, current edition, and any supplements, addenda, and modifications thereof. All subsequent references to specifications in this chapter refer to the requirements of either or both of the cited specifications.
The contractor shall employ a licensed professional engineer to make surveys and prepare plans, specifications and contract. Plans, specifications and contract shall be approved by the borough engineer prior to the beginning of any construction work.
Drawings submitted to the borough engineer for approval shall include plans, profiles, cross sections and details of the proposed roadway and its required appurtenances including storm water drains and drainage structures, curbing, sidewalks where required, and street signs.
All construction work shall be under the supervision and inspection of the borough engineer.
The developer or his contractor shall notify the borough engineer two days in advance of the beginning of any construction work. If for any reason construction work is suspended, the contractor shall notify the borough engineer of the date of resumption thereof.
Modification or change of these specifications may be effected only with the knowledge and written consent of the borough engineer and the borough council.
[Ord. 220]
Excavation and embankment shall consist of grading the full width of the right of way in conformity with the specification, accurately to approved line and grade. Grading shall include clearing and grubbing, removal of structures, obstructions, etc., as directed, excavating, forming embankments, shaping and sloping, compacting, and all other work that may be necessary to bring the roadway and its appurtenances to the required grade, alignment and cross section. Grading of all intersections, roadway, driveways and approaches, and adjacent property to the limit of the slope lines is included in this section.
The developer shall remove and dispose of all trees, stumps, roots, brush weeds, etc., and fill the holes with suitable material and thoroughly compact the same. Disposal by burning shall be permitted only with the express permission of the engineer. Culverts shall be cleaned and cleared of obstructions where directed or specified. All branches of trees which hang within 14 feet of the surface of the roadway shall be removed.
Roadway excavation shall include the removal and satisfactory disposal of all materials taken from within the limits of the work that are necessary for the construction and preparation of the roadbed, embankment, subgrade, shoulders, slopes, side ditches, drainage structures, trenches, waterways, intersections, approaches and private entrances, as indicated or directed. All suitable materials removed from the excavations shall be used as far as practicable in the formation of the embankment, subgrade and shoulders, and at such other places as directed.
Ditches and waterways shall be excavated to the depth and width shown on plans, or as may be indicated and directed. During the construction of the roadway the roadbed shall be maintained in such condition that it will be well drained, and at all times open to local traffic.
Embankments shall be formed of suitable material placed in successive layers of not more than 12 inches in depth for the full width of the cross section, and shall be compacted by approved mechanical equipment and by distributing the necessary hauling uniformly over each succeeding layer. Stumps, trees, rubbish or other unsuitable material or substance shall not be placed in the embankments.
When the amount of the embankment exceeds the amount of the excavation within the limits of the work, sufficient suitable material shall be obtained by the developer from borrow pits located beyond the limits of the work. This material shall be known as "borrow" and shall be of a quality satisfactory for the purpose for which it is required and it shall be approved by the borough engineer. "Borrow" shall include the furnishing, removal, placing and satisfactory compaction of the additional material necessary to complete the embankments, subgrades and shoulders.
The bottom of the excavation of the box to receive the pavement surface and the top of the fill, when completed, shall be known as the subgrade and shall be true to line, grade and cross section established or indicated on approved drawings,
After all drains have been laid and the subgrade has been shaped and compacted, it shall be brought to a firm unyielding surface by rolling the entire area with an approved three wheel power roller weighing not less than 10 tons or a vibratory compactor acceptable to the engineer. Areas which are soft and yielding and other portions of the subgrade which do not attain the required stability or will not compact readily when rolled or tamped shall be removed.
All loose rock or boulders found in the earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade. All holes or depressions made by the removal of material shall be filled with suitable material and the whole surface compacted uniformly.
All ditches and drains shall be completed before the placing of any pavement construction material. The developer shall protect the subgrade at all times and keep it in such condition that it will drain adequately. Neither foundation nor surfacing material shall be deposited on the subgrade until the subgrade has been checked and approved by the borough engineer.
Slopes in embankment will be formed in the ratio of six horizontal to one vertical, unless otherwise directed by the borough engineer. Slopes in excavation shall be formed in the ratio of two horizontal to one vertical, unless otherwise directed by the borough engineer.
[Ord. 220; Ord. 677]
Miscellaneous structures shall include underdrains, storm water drains, manholes, inlets, catch basins, outlets, concrete curb, walls, headwalls and culverts, monuments, street signs and concrete sidewalks.
The developer shall install the above improvements to the extent required on the approved drawing which shall be that shown on a plan entitled "Construction Details of Roadways and Appurtenances", The Borough of Hopewell, Mercer County, New Jersey, February 5, 1968.
The materials and methods of construction for Miscellaneous Structures shall be in accordance with Division 5 of the Specifications of the New Jersey State Highway Department.
Storm water drains shall be installed to conduct the drainage along the right of way as well as across the right-of-way and drainage easements. Inlets, basins, manholes, culverts, and headwalls shall be installed in accordance with good engineering practice.
As specified by the borough engineer, Concrete or Belgian Block (granite) curb shall be installed by the developer on every road and street within the development and existing roads on which the development fronts and at the intersections of development roads and streets with borough roads, county roads and state highways.
Concrete sidewalks shall be installed on streets where required and in such other places as in the opinion of the borough engineer and the planning board, the installation of sidewalks is advisable for reasons of public safety.
Metal street signs on metal posts shall be installed at street intersections. There shall be at least two street signs furnished at each intersection. Such signs shall meet with the approval of the borough engineer.
[Ord. 220]
Every road and street shall have a pavement width of at least 30 feet from the face of one curb to the face of the opposite curb. Where the right-of-way width is in excess of 50 feet, the pavement width shall be 36 feet. The pavement shall be centered along the centerline of the right of way.
Upon the completed subgrade, a soil aggregate subbase shall be constructed having a compacted thickness of not less than four inches and shall consist of material conforming to Soil Aggregate, Type V, Class A, as described in Article 8.8.1 of the Standard Specifications. The method of construction shall conform to Article 2.9.3 of the Standard Specifications.
Upon the completed subbase, a bituminous stabilized base course four inches thick shall be constructed in accordance with Division 3, Section 2A of the Standard Specifications.
The bituminous concrete surface course, hot-mixed, type FABC-1 Mixture No. IV, shall have a compacted thickness of two inches and shall be constructed with a minimum weight of 220 pounds per square yard. The method of construction shall be that described in the New Jersey State Highway Department Standard Specifications, 1961, Division 3, Section 10, Article 3.10.3.
The borough council shall not be obligated to accept any road, street or miscellaneous structure unless that road, street or miscellaneous structure is built in conformity to the standard specifications and regulation hereinabove set forth.
[Ord. 220]
Any person violating any provision of this chapter shall, upon conviction, be subject to penalties as provided by section 3-11 of this revision.
[Ord. 370; Ord. 410]
Whenever the borough engineer, or such other borough official or employee as the governing body designates, certifies to the municipal governing body that any sidewalks are in need of construction, repair, alteration, relaying or maintaining, the expense of said construction, repairing, altering, relaying or maintaining shall be borne by the landowners abutting the improvement.
All sidewalks constructed or repaired in the borough shall be constructed or repaired in accordance with specifications and requirements established by the mayor and council and on file in the office of the borough engineer. Such work shall conform as nearly as practicable to the established grade of the highway, or any part thereof, which shall have been previously established by law and shall be done subject to the inspection and approval of the borough engineer.
The mayor and council, upon receipt of the certification set forth in subsection 8-7.1 hereof, shall determine the necessity of said improvement, and, if it deems that said improvement is necessary, it shall, by resolution, cause a notice in writing to be served upon said abutting owners or occupants of said lands, requiring the necessary specified work to said sidewalk to be done by the said owner or occupant within a period of not less than 30 days from the date of such notice.
Whenever any said abutting lands are unoccupied and the owner cannot be found within the municipality, the notice may be mailed, postage pre-paid, to the post office address of said owner, if the same can be ascertained. In the event that such owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in the official newspaper.
[Ord. 370, S 4; Ord. 410, S 1]
In the event that the owner or occupant of such abutting lands shall not comply with the requirements of said notice, it shall be lawful for the municipality, upon filing due proof of the service or publication of the aforesaid notice in the appropriate department of the municipality, to cause the work required to be done and paid for out of municipal funds available for that purpose. The cost of such work shall be certified by the borough engineer to the department or person having charge of the collection of assessments in such municipality. Upon filing the said certificate of costs, the amount of the cost of such work shall be and become a lien upon the said abutting lands in front of which such work was done, to the same extent that assessments for local improvements are liens in the municipality, and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate. In addition thereto, the municipality may commence, in any court having competent jurisdiction thereof, an action against the owner of said lands to recover said amount.
[Ord. No. 557 § 1; Ord. No. 769]
For the purposes of this section, the following words and phrases shall have the meanings ascribed to them by this section, except in those instances where the contents clearly indicate a different meaning.
FAR SIDE OPENINGS
Shall mean any opening which crosses the center line of the surface of a road.
IMPROVED ROAD
Shall mean:
CLASS A. Any road surfaced with a pavement such as asphalt, concrete, brick or similar pavement or any road having a concrete base.
CLASS B. Any road other than a Class A road.
INSPECTOR
Shall mean the Borough Engineer or the person duly authorized by the Borough Engineer to inspect road openings.
NEAR SIDE OPENINGS
Shall mean any openings which do not cross the center line of the surface of the road.
[Ord. No. 557 § 1; Ord. No. 769]
a. 
No person shall cut, dig, drill or make any hole, trench or other excavation in any right-of-way, public road, street, alley or highway under the jurisdiction of the Borough without first having obtained from the Borough a permit therefor. A permit shall be valid for a period of one year from the date of its issuance. The Borough Engineer may disapprove permits for construction during the period November 1 through March 31 if the Borough Engineer determines that extreme weather conditions will result in inferior and/or temporary restoration of the road surface.
b. 
Five Year Road Opening Moratorium. Except in the case of an emergency, a permit shall not be issued and no road shall be opened for a period of five years from the date of the last improvement. Openings made for emergencies shall be made in accordance with subsection 8-8.15. The date of the last road improvement shall be recorded and maintained by the Borough Engineer.
[Ord. No. 557 § 1; Ord. No. 769]
The application for a permit required by the preceding section shall be made to the Borough Clerk, who is hereby authorized to issue the permit, pursuant to the provisions of this section. The application shall be made in writing on the forms furnished by the Borough and signed by the applicant. The information required on the application shall include, but not be limited to the following:
a. 
A sketch of the limits of the work area;
b. 
A signed statement that the applicant understands and will follow all State, local and Federal occupational safety and health laws and regulations;
c. 
A statement that the applicant has read and will follow the requirements of this section.
[Ord. No. 557 § 1; Ord. No. 769]
The permit required by this section shall state the name and address of the applicant, the name of the street or road where the opening is to be made, the house number and the tax lot and block number of the property for which the opening is to be made if applicable. It shall set forth the type of surface to be opened, the classification of the opening under this section, the type of paving to be opened and a plan indicating the location of the proposed cut, and its width and length and total square footage, the amount of the fee paid, and the time limit for the completion of the work for which the permit is issued and the signature of authorization by the Borough Engineer and the Clerk.
[Ord. No. 557 § 1; Ord. No. 769]
The applicant for a permit required by this section shall, prior to receiving such permit, pay to the Borough Clerk the fee fixed by the following schedule, but in no event shall the fee exceed $1,000:
a. 
$15 per square foot for a Class A road.
b. 
$12 per square foot for a Class Broad.
c. 
$10 per square foot for work outside the roadway but within the right-of-way.
d. 
No fee shall be required for any permit to open any street to make a utility repair or improvement which shall be required by the Borough Engineer because of a proposed improvement to a Borough road.
e. 
All permittees shall be required to file a bond issued by a surety licensed to do business in New Jersey, or a cash escrow deposit, which bond or deposit shall be in an amount fixed by the Borough Engineer, based upon the estimated cost of the excavation and restoration of the surface and foundation of the street for which the permit is granted and conditioned upon the permittee's restoration in a manner acceptable to the inspector. The bond or deposit shall be filed prior to the issuance of a permit. One bond or deposit may be accepted to cover a number of excavations by the same applicant. Bonds or escrows shall remain in force until restoration has received final approval by the inspector.
[Ord. No. 557 § 1; Ord. No. 769]
The party to whom the permit required by this section is issued shall keep the opening properly guarded, and at night shall place lights at the site.
[Ord. No. 557 § 1; Ord. No. 769]
The holder of the permit issued pursuant to this section shall save harmless the Borough and Borough Engineer from damages or personal injuries caused by the opening of the street, and the condition of the disturbed area until final approval of the restoration.
[Ord. No. 557 § 1; Ord. No. 769]
No permit shall be issued until the applicant has furnished the Clerk with satisfactory proof of insurance against injury to persons and damage to property caused by an act or omission of the applicant or the applicant's agent, employees or subcontractors in the course of the work. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. Such insurance shall be for a minimum of $1,000,000, with a minimum of a combined single limit of $1,000,000 for bodily injury and/or property damage per occurrence. Coverage shall include commercial general liability, auto liability and property damage coverage. The Borough and Borough Engineer shall be named as an additional insured on such policies. Evidence of coverage shall be provided by certificates of insurance issued by an authorized agent of the insurance carrier(s).
Subject to approval of the Borough Attorney, a public utility may provide other evidence of ability to satisfy claims against it and the Borough arising from the work to be performed under the permit.
[Ord. No. 557 § 1; Ord. No. 769]
The person to whom a permit required by this section is issued, in doing the work, shall be responsible for maintenance and protection of traffic and shall interfere as little as possible with the travel along the road and shall not close the road to traffic unless the party to whom the permit was issued was granted permission to do so by resolution of the Borough Council.
[Ord. No. 557 § 1; Ord. No. 769]
The work pursuant to a permit required by this section shall be conducted so as not to interfere with any water main, sewer or their connections with houses until permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which might be damaged thereby shall be removed without blasting. No excavation which might damage trees or Borough property shall be made without the approval of the Borough Council.
[Ord. No. 557 § 1; Ord. No. 769]
The party to whom a permit required by this section is issued shall backfill the entire excavation with NJDOT DGABC. The material shall not be wet or frozen. It shall be compacted in six inch layers with a mechanical tamper or a roller of the type approved by the Engineer. Each layer shall be moistened and tamped until thoroughly compacted. All excavated material shall be removed from the site and be properly disposed of at no expense to the Borough. The use of equipment to compact the backfill, other than mechanical tampers and approved rollers, such as equipment buckets, tires, or similar, will not be permitted.
[Ord. No. 557 § 1; Ord. No. 769]
In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed cement concrete, composed of a mixture by volume of one part cement to six parts of coarse aggregate material not inferior to cinders.
[Ord. No. 557 § 1; Ord. No. 769]
In case the work has not been completed before the date of expiration as stated in the permit required by this section and the party to whom the permit was issued has not requested an extension of time, the inspector may, if deemed advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued. The cost of such work will be borne by the permittee. If any extension of time beyond the date is needed for the completion of the work, a new application shall be filed.
[Ord. No. 557 § 1; Ord. No. 769]
a. 
Street surface shall be restored to the satisfaction of the inspector. Except as set forth in paragraph b of this subsection for Class A and Class B improved roads, no permittee shall commence the restoration of any street, foundation or surface until the inspector has determined that settlement of the subsurface is complete and the area is properly compacted and prepared for restoration, and the street surface shall be restored so as to extend six inches beyond the excavation on all sides.
b. 
Prior to paving the trench, all vertical bituminous surfaces shall be saw cut to provide a clean, sharp edge.
c. 
Restoration of the pavement of Class A and Class B roads shall include the construction of two courses of Bituminous-Stabilized Base, each three inches thick and a wearing course of FABC, mix I-5, two inches thick. The bituminous pavement shall be compacted with a steel wheel roller for large areas, or with a vibratory plate compactor for smaller areas. Prior to placement of bituminous materials, all vertical pavement surfaces shall be coated with tack oil to assure a good bond between the new and existing pavement The joints between the existing pavement and the pavement constructed for the repair shall be sealed with a hot tar sealer, which shall be approved by the Engineer in advance.
d. 
Any other disturbed area, including but not limited to grass areas, shall be returned to their original condition, to the satisfaction of the inspector.
e. 
All excavations shall be backfilled and the surface restored as provided for herein within 30 days of the date the road was opened. The Borough Engineer may extend the deadline for good cause. Requests for such extensions shall be by the permittee in writing to the Borough Engineer. All such extensions shall be made in writing by the Borough Engineer.
[Ord. No. 557 § 1; Ord. No. 769]
Any person who cuts, digs, drills or makes any hole, trench or other excavation in any public road, street, alley or highway under the jurisdiction of the Borough without first having obtained permit therefor, shall be in violation of this section and shall be subject to penalties as set forth in Section 3-11 of this code. Notwithstanding the foregoing, however, the penalty provisions of this subsection shall not apply if the Borough Engineer is satisfied that the work performed was necessary in order to correct or avoid an emergency threatening the health, safety or welfare of an occupant of property in the Borough. In such case, the person responsible for the performance of the work must apply for a permit in accordance with this section either during the progress of the work or within 24 hours after completion of the work, after which the Borough Engineer shall review the emergency status of the necessity of the work and authorize or deny authorization of a permit accordingly.
[Ord. No. 557 § 1; Ord. No. 769]
The Borough Council may by resolution suspend any of the provisions of this section and the Borough Council reserves the right to impose special conditions in special cases coming within this section as the public health, safety and welfare require.
[Ord. No. 557 § 1; Ord. No. 769]
No person shall construct a driveway entrance, or cut, alter or remove a curb or part thereof, in or along any public street or right of way of the Borough without first having obtained a permit as follows:
a. 
Application for a permit required by this section shall be made in writing to the Borough Clerk and shall be accompanied by a fee of $50 and the plan or sketch showing the location and details of such construction, cutting, alteration or removal.
b. 
Subject to a determination by the Borough Engineer that the application conforms to the specification for driveway entrances or curbs prepared by the Borough Engineer and approved by resolution of the Borough Council, the Borough Clerk shall issue a permit. The permit shall be valid for a period of one year from the date of its issue.
[Ord. No. 627]
The purpose of this section is to require the clear display of dwelling and other building numbers from public streets in order to assist the general public, mail delivery services, and emergency authorities in identifying any property, in the course of normal business and in case of emergencies.
[Ord. No. 627]
The numbers shall be a minimum of four inches in height, clearly visible on the background to which attached and located in a prominent place on the property to be visible from the street. Such numbers shall be procured and affixed at the owner's expense.
[Ord. No. 627]
The provisions of this section shall be enforced by the borough zoning officer.
[Ord. No. 629]
The municipal engineer shall be responsible for assigning street numbers to land and buildings fronting existing or new streets in the borough as may be necessary from time to time.