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.
Shall mean any opening which crosses the center line of the
surface of a road.
Shall mean:
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CLASS A. Any road surfaced with a pavement such
as asphalt, concrete, brick or similar pavement or any road having
a concrete base.
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CLASS B. Any road other than a Class A road.
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Shall mean the Borough Engineer or the person duly authorized
by the Borough Engineer to inspect road 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:
[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.
