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HomeMy Public PortalAboutordinance 02:11(1�zdtx��x�cP 02 -11 of the ,!Yoroug4 of Carteret, Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE AMENDING ARTICLE I, STREET EXCAVATION, OF CHAPTER 222 OF THE CODE OF THE BOROUGH OF CARTERET, ENTITLED STREETS & SIDEWALKS BE IT ORDAINED by the Mayor and Borough Council of the Borough of Carteret (the `Borough ") as follows: 1. Article I, of Chapter 222 of the Carteret Code, entitled "Street Excavations" is hereby deleted in its entirety And replaced with the following: SECTION 1. STREET EXCAVATIONS 222 -1. Title. This Article shall be known and may be cited as the "Street Excavation Regulations of the Borough of Carteret." 222 -2. Definitions and Word Usage. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Applicant shall mean any person making written application to the Borough Clerk for an excavation permit hereunder. In the event that the applicant is a corporation or partnership, the applicant shall be the individual authorized to make said application on behalf of the corporation or business entity. Emergency shall mean any unforeseen circumstance or occurrence, the existence of which constitutes a clear or immediate danger or hazard to person or property. Excavation Work shall mean the excavation, removal, replacement, repair, construction, water and sewer connections, gas main connection, or other disturbance of any portion of the public improvements within a public street or drainage right -of -way. These public improvements include, but are not limited to, curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails, or any other public improvements existing within the public right -of -way, and retention/detention basins. For the purposes of this section, that work which is being performed outside of the public right -of -way, but which requires the storage of materials or the operation of N0. 02 -11 equipment within the public right -of -way, in such a manner as may cause damage, will also be deemed "excavation work." Except as the same may come under the exclusive regulation of Chapter 222, STREETS AND SIDEWALKS, ARTICLE II, Sidewalk Construction, the term "excavation work" shall also include construction, addition, installation or other disturbance of the whole or portions of the improvements within a public street, drainage right -of -way, or other public grounds by persons other than those exempted from the provisions of this Article, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements. Permittee shall mean any person who has been issued a permit pursuant to the terns and conditions of this Article and who is obligated to fulfill all the terms of this Article. Person shall mean any person, firm, partnership, association, corporation, company or other public or private organization of any kind. Street shall mean and include any public street, highway, sidewalk, alley, public easement, public right -of -way or public grounds accepted or maintained by the Borough and any State or County road over which the Borough may have acquired jurisdiction by agreement. 222 -3. PERMIT REQUIRED; EXCEPTIONS. A. It shall be unlawful for any person to perform any excavation work, as defined herein, or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or to cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit, or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street or dig up, break, excavate or undermine or any way affect any other public improvement within a public right -of -way, unless such person shall first have obtained a permit therefore from the Borough Clerk of the Borough of Carteret as herein provided. B. This Article shall not apply to any exclusive sidewalk construction work, which is defined in and regulated by ARTICLE II, "Sidewalk Construction ", of CHAPTER 222, entitled "STREETS AND SIDEWALKS ". 222 -4. APPLICATION FOR PERMIT. A. No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Borough Clerk, or his/her designee, on the form provided by the Borough of Carteret and signed by applicant performing the work. The form must be completed in such a fashion as to contain a clear and definite description of the name, address, telephone number of the applicant, the nature, scope, location and purpose of the excavation, together with the approximate size of the opening to be made in a sketch which clearly shows the location and dimensions of the proposed opening, the proposed dates of commencement and completion of the excavation, which date shall be the expiration date of any permit issued pursuant to the application, and such other data as may be reasonably required by the Borough of Carteret, including complete plans, profiles and details of any proposed curb, sidewalk, pavement or other proposed improvement or structure being installed. Upon receipt of the application, the Borough Clerk shall refer the same to the Department of Streets and Roads, Construction Code Official, Police Department, Fire Department, and the Office of Emergency Management for comments within five (5) business days of receipt of a complete application. All comments shall be made and the NO. 0 -1 application returned to the Borough Clerk with a recommendation of approval or disapproval (and the reasons therefore) within seven (7) days of receipt of the application by the aforementioned departments. The Borough Clerk shall issue all permits within three (3) days of receipt of an approved application from said departments or the expiration of the seven (7) day comment period, whichever occurs first. B. Work on any opening to be made under the permit provided for herein shall commence within thirty (30) days from the date of the permit and prosecuted with diligence until its completion. If for any reason the work is not started within this period, the permit shall be void and any unused portion of its cash repair deposit or performance bond, shall be refunded to the applicant. 222 -5. PERMIT FEES. A. A non - refundable application fee of one hundred ($100.00) dollars shall be paid to the Borough to cover the cost of processing the application and providing inspection as outlined herein. B. Permit fees may be waived in the case of installation of new public improvement by a sub - divider or site developer in accordance with approved plans without cost to the Borough. 222 -6. OPENINGS IN NEW STREETS; SEASONAL MORATORIUM A. No permit shall be issued by the Borough Clerk to any person given notice under this Article which would allow an excavation or opening in any newly paved, resurfaced, or reconstructed road, street, or right -of -way which is less than five (5) years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists. B. Street openings will not be permitted between November 15 and March 31 of any year unless it has been determined by the Borough Engineer, or his designee, to be of an emergent nature, or except pursuant io section 222 -31. In no event are roads to be opened on Saturday and Sunday, except for emergency repairs as determined by the Borough Engineer, or his designee, or except pursuant to section 222 -31. C. The Mayor and Borough Council may grant exemptions to the requirements of Paragraphs A and B above, forbidding the opening of roads for a period of five (5) years after a road has been resurfaced and/or reconstructed or forbidding the opening of roads from November 15 to March 31 of any year, upon written request of the applicant. Said written request should indicate on its face that there is good cause to grant said exemption and/or that the applicant will suffer undo hardship if said exemption is not granted. Said request will be considered at the next regularly scheduled session of the Mayor and Borough Council. If the Mayor and Borough Council determines that the applicant has established good cause, and/or undo hardship, said exemption may be approved by resolution of the Mayor and Borough Council. D. If, by special action of the Mayor and Borough Council, a permit is issued to open any newly paved, resurfaced or reconstructed street surface less than five years old, a surcharge shall be made for the opening except that the surcharge may be waived by Mayor and Council in the event that the work is of an emergent nature. The surcharge shall be on a sliding scale and shall be equal to two percent (2 %) of the cost of restoring the opening for each un- elapsed month or fraction thereof of the five -year restricted period, but in no event shall the surcharge be less than $500.00. 222 -7. EXCAVATION PERMIT DISPLAY. N0. 02 -11 The Borough Clerk shall provide each permittee a permit issued hereunder, which shall be plainly written or printed in English letters with the following notice: "Borough of Carteret; Permit No. _, Expiration Date ." In the first blank space there shall be inserted the number of said permit and after the words "expiration date" shall be stated the date which the permit expires. It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such permit at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit. 222 -8. CASH REPAIR DEPOSIT. A. The application for an excavation permit to perform excavation work under this Article shall be accompanied by a cash repair deposit unless a performance guarantee is accepted in lieu thereof pursuant to section 222 -9. Such cash repaid deposit shall take the form of cash or certified check, payable to the Borough of Carteret, and shall be received by the Borough Clerk prior to issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work performed in accordance with the excavation permit. Upon the permitte's completion of the work covered by such permit, in conformity with this Article as determined by the Borough, one -half (1/2) of the remaining cash repair deposit shall be promptly refunded by the Borough to the permittee and the balance shall be refunded by the Borough to the permittee upon the expiration of two (2) years from the date of final approval of the work upon the Borough's determination that the permittee has performed the work in conformity with this Article. B. The amount of cash repair deposit to be collected by the Borough Clerk shall be: (1) Areas that are not within the traveled way'or shoulders; (a) Opening not exceeding ten (10) square feet — $100.00 (b) Opening exceeding ten (10) square feet — $200.00 (2) Areas within the traveled way or shoulder; (a) Opening not exceeding one hundred (100) square feet — $300.00 (b) Opening over one hundred (100) square feet — $600.00 C. In the case of excavation or removal or alteration of the public improvements such as drainage, sidewalks, driveways, driveway aprons, etc., the Borough Engineer shall determine in each case the amount of the cash repair deposit in a sum total sufficient to allow the Borough to perform all required repairs and restorations. Said amount shall be estimated to include gross Borough costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc. D. Cash repair deposits may be waived in the case of installation or repair of sidewalks by the owner or by the person acting for the owner of real property should the same be exclusively regulated pursuant to Article II, "Sidewalk Construction" of Chapter 222, entitled "SREETS AND SIDEWALKS ", and may also be waived in the case of installation of new public improvements by a sub- divider or site developer in accordance with the approved plans and without cost to the Borough; provided, however, that such waiver will not be granted if, in the 71• 0251 1>AGE__5 opinion of the Borough, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction. 222 -9. SURETY. A. If an individual cash repair deposit required by section 222 -8 exceeds one thousand dollars ($1000) or if the aggregate of the cash repair deposits which an applicant expects to be required to provide within a period of one (1) year exceeds five thousand dollars ($5000) or if the applicant is a public utility regulated by the Federal Government and/or the State of New Jersey, then the Borough Council may allow the provisions of all or, at the Borough Council's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirement of this section, the applicant shall deposit with the Borough Clerk a surety bond in an amount to be determined by the Borough Clerk in accordance with Paragraph B of this section, made payable to the Borough of Carteret. The required bond must be: 1. With good sufficient surety; 2. By a surety company authorized to transact business in the State of New Jersey; 3. Satisfactory to the Borough Attorney in form and substance; and 4. Conditioned upon the permittee's compliance with this Article and to secure and hold the Borough and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the Borough, the Borough Council, or any Borough officer may be made liable by reason of any accident or injury to person or property through the fault of the permittee either in not properly guarding the excavation or for any other Oinjury resulting from the negligence of the permittee, and shall be further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition and'to the satisfaction of the Borough, all openings and excavations made in streets. B. The amount of the performance bond to be submitted to the Borough Clerk shall be a minimum of double the amount of the cash repair deposit required pursuant to section 222 -8. In the event that the Borough Engineer determines that the cost of proper restoration of the excavation work will exceed the amount of the calculation, the additional bond for the particular job in question may be required by the Borough Clerk in a sum determined by the Borough Engineer. C. In lieu of a performance bond per job, any utility regulated by the Board of Public Utilities, or any contractor expecting to request multiple permits per year, may post a blanket performance guarantee in the minimum sum of Twenty Five Thousand ($25,000) Dollars with the Borough on an annual basis. In the event the Borough Engineer or Head of the Department of Streets and Roads determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket bond, an additional bond for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s). 222 -10. ROUTING OF TRAFFIC A. The permittee shall take appropriate measures to ensure that, during the performance of the excavation work, traffic conditions shall be maintained as nearly normal as practicable at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Department of Streets and Roads, with the approval of the NO. 02 -11 Police Department, may permit the closing or partial closing of streets to all traffic for a period of time prescribed as necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Borough Police Department, the following steps shall be take before any street may be closed or restricted to traffic: 1. The permittee must receive the approval of the Police Department therefore. 2. The permittee must notify, in writing, the Carteret Fire Department, First Aid Squad, the Emergency Management Coordinator and the Board of Education. 3. Upon completion of the construction work the permittee shall notify, in writing, the Police Department, the Fire Department, the First Aid Squad, the Emergency Management Coordinator and the Board of Education before traffic is moved back to its normal flow so that any necessary adjustments may be made. 4. The permittee shall provide trained and properly certified uniformed traffic directors with appropriate safety attire and equipment as required and/or Police Officer(s) and related equipment (i.e. signs, cones, etc.) for traffic control and direction of traffic at the street excavation site during the course of the excavation. The permittee shall pay all costs associated with the use of any private traffic directors or the use of Carteret Police personnel, if they are required, during the course of the excavation, and any work performed in connection therewith and during clean- up operations. The Borough Council may relax or modify the requirements of this section in its discretion, upon application by the permittee. B. Through traffic shall be maintained without the aid of detours, if possible. In instances where this would not be feasible, the Police Department will designate detours. The Borough shall maintain roadway surfaces of existing roadways designated as detours without expenses to the permittee but in case there are not existing roadways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Borough Engineer. The permittee shall be responsible for any damage caused to any roadways by the operation of its equipment. 222 -11. CLEARANCE FOR FIRE AND FIRST AID EQUIPMENT. The excavation work shall be performed and constructed so as not to interfere with access to fire stations, first aid stations and fire hydrants. Materials or obstructions shall not be placed within fifteen (15) feet of fire hydrants. Passageways leading to fire escapes or fire - fighting equipment shall be kept free of piles of material or other obstructions. 222 -12. PROTECTION OF TRAFFIC. The permittee shall erect and maintain suitable barriers to confine to a minimum the encroachment of earth from trenches or other excavations upon highways. The permittee shall construct and maintain adequate and safe crossings over excavations and across roadways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers, sheet steel and blocking of adequate size to accommodate vehicular traffic safety. Decking, if timber, shall be not less than four (4) inches thick and shall be securely fashioned together with heavy wire and staples. Pedestrian crossings shall consist of planking of three (3) inches thick, twelve (12) inches wide and of adequate length, together with N0. 02 -11 necessary blocking. The walk shall not be less than three (3) feet in width and shall be provided with a railing on both sides. 222 -13. REMOVAL AND PROTECTION OF UTILITIES. The permittee shall not interfere with any existing utility without the written consent of the Borough Engineer and/or the utility company or the person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. It shall be the responsibility of the applicant to arrange for this work and the payment of costs thereof as reasonably necessary. No utility owned by the Borough shall be move to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wire or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them, under, over, along or across said work, in accordance with applicable statutory provisions. In case any said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or owner unless said agency or owner authorizes the permittee to undertake repairs and the expense of such repairs shall be home by the permittee, and his/her /it's bond shall be liable therefore. The permittee shall be responsible for any damage done to any public or private property by the reason of the breaking of any water pipes, sewer, gas pipes, electric conduit, or other utility, and its bond shall be liable therefore. The permittee shall inform itself, as required by law, as to the existence and location of all underground utilities and protect the same against damage. 222 -14. PROTECTION OF ADJOINING PROPERTY. The permittee shall, at all times and at his or its own expense, preserve and protect from injury any adjoining property providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property, it is necessary to enter private property for the purpose of taking appropriate protective measures, the permittee shall obtain permission from the owner of such private property for such purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged in the process of the excavation work and shall be responsible for all damage to public or private property or roadways or highways resulting from its failure to properly protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfrlled as required in this Article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without having first notified and obtained the consent of the property owner, or in the case of public property, the appropriate Borough department or Borough official having control of such property. 222 -15. SIDEWALK EXCAVATIONS. Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three (3) feet wide and securely railed on each side so that foot passengers can pass over safely at all times. This requirement may be waived by the Head of Department of Streets and Roads, or the Borough Engineer or his designee, if found unnecessary or unreasonable because of the nature of the excavation or conditions effecting the same. N0. 02 -11 PAGE__$_.__ 222 -16. PRO'TEt ME MEASURES. A. The permittee shall erect and maintain, approaching and through out the site of the excavation work, such signs, lights, barricades and other protective devices as are required. In the absence of specific written direction by the Police Department, all signs shall be provided as required by the "Manual on Uniform Traffic Control Devices," section concerning construction signage, as published by the United States Department of Commerce. B. Should the Borough Police Department, at any time determine that the permittee has failed to provide all required signs and protective devices in accordance with the direction of the Police Department and/or the requirements of the previously mentioned "Manual on Uniform Traffic Control Devices," the Borough may provide and erect or cause the provision and erection of such required signs, barricades, and traffic control devices and the cost thereof may be deducted from the cash repair deposit provided by the applicant or may be billed directly to the applicant by the Borough. If such billing is made and not paid by the applicant within fifteen (15) business days after such billing, the amount may be deemed due and recoverable from the applicant's cash deposit or surety. C. The Borough shall normally provide the applicant with twenty -four (24) hours' notice of its intention to provide any such required signs, barricades and traffic control devices and its intention to bill the applicant the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the provision and erection of such devices without notice. D. The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed and maintained upon such place of excavation and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept lit throughout the night during the existence of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public at twilight. Excavations of any traveled portion of the roadway shall be back filled so as to allow vehicular traffic to proceed on the roadway unless otherwise directed by the Department of Streets and Roads. 222 -17. ATTRACTIVE NUISANCES. It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health. 222 -18. CARE OF EXCAVATED MATERIALS. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Borough shall have the authority to require that the permittee haul the excavated material to a storage suite and then re -haul it to the trench site at the time of back filling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites. No. 02 -11 11A(;e-- 9.-- - - - 222 -19. DAMAGE TO EXISTING IMPROVEMENTS. A. All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repairs shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Department of Streets and Roads shall require said labor and materials to be furnished and the costs shall be charged against the permittee, and the permittee shall also be liable on his/her /its bond therefore. B. The Borough shall normally provide the applicant with twenty -four (24) hours' notice of its intention to provide any such required work, and its intention to bill the applicant for the costs thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in the case of immediate emergency or hazard to the public health or safety, the Borough may cause the repairs to be made without notice. 222 -20. PROPERTY LINES AND EASEMENTS. Property lines and limits or easements shall be indicated on the plan of the excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits. 222 -21. CLEANUP. As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department of Streets and Roads. Form time to time as may be ordered by the Department of Streets and Roads, and in any event, immediately after completion of said work, the permittee shall at his or its own expense, cleanup and remove all refuse and unused materials of any kind resulting from said work; and upon failure to do so within twenty -four (24) hours after being notified to do so by the Borough, said work may be done by the Borough and the cost thereof to be charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. 222 -22. PROTECTION OF WATERCOURSES. The permittee shall provide for the flow of all watercourse, sewers or drains intercepted during the excavation work and shall replace in as good condition as it found them or shall make such provisions as for them as the Head of the Department of Streets and Roads, his designee, or the Borough Engineer may direct. The permittee shall provide for the environmental protection for streams and watercourses. The permittee shall not obstruct any drainage facility on any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slicking or other run -off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. 222 -23. BREAKING THROUGH PAVEMENT. Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four (4) feet or more in depth, the base pavement shall be removed to at least six (6) inches beyond the outer limits of the sub -grade that is to be disturbed in order to prevent settlement and a PACJB__iQ__._ six (6) inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power -driven concrete saw shall be used so as to permit the removal of concrete pavement or base without ragged edges. Asphalt pavement shall be scored or otherwise cut in a straight line prior to removal. No pile driver or mechanical hammer may be used in breaking up pavement. 222 -24. TUNNELS. Tunnels under pavement shall not be permitted except by permission by the Borough Engineer. If permitted, tunnels shall be adequately supported by timbering and backfilling under the direction of the Borough Engineer. 222 -25. EXCAVATION AND BACKFILLING REQUIREMENTS. A. Except as may otherwise be authorized by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, prior to excavation all trench openings shall be neatly saw cut. Unless specifically allowed, in writing, by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, under unusual circumstances, no excavation work shall remain open over night. In the event any excavation work area is permitted to remain open over night, the permittee shall be responsible for taking appropriate steps to properly block off the excavation work area and give adequate warning to anyone approaching the same on foot or any vehicle of any type, including but not limited to the use of lighting, reflective materials and barriers. B. Unless otherwise provided for by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, the contractor shall back fill all trenches at the end of each workday with suitable materials from the trench excavation or with granular borrow material. Rocks larger than six (6) inches may not be included in backfill. If the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, determines the existing material is unsuitable, select off -site granular material shall be provided. Backfill materials shall be deposited in layers and mechanically compacted to a minimum ninety (90 %) percent Modified Proctor Density. The density'shall be based upon the latest Standard Test Methods for Moisture Density Relations of Soils and Soil Aggregate Mixtures using ten (10 lb.) pound Rammer and eighteen (18 ") inches Drop, ASTM Designation D -1557. In lieu of mechanical compaction in lifts, compaction by water jetting or puddling may be used with written permission from the Head of the Department of Streets and Roads, or the Borough Engineer or his designee. If the use of either of these methods is proposed, the contractor shall submit full details of the methods he intends to employ for approval. Consolidation will not be acceptable as a method to achieve soil density specified. C. The backfrlling, replacement of sub -base and installation of base course shall be completed within twenty -four (24) hours after commencement of work. Exceptions to the above time limits may be permitted by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, if it is impractical to complete the work within this time or safety dictates a shorter completion period. 222 -26. RESTORATION OF THE SURFACE. A. 1. Once the excavation work area has been properly saw cut, and the backfill tamped and compacted, the permittee shall install no less than seven (7 ") inches of bituminous stabilized base course (mix I -2) to the trench surface. If the distance from the edge of the excavation area to the existing curb is less than two (2') feet, the permittee shall be required to excavate to the curb and evenly install seven (7) inches of bituminous stabilized base course (mix I -2) in the entire area. N0. 02 -11 1'ACiE__ A__._ 2. The partially restored pavement shall be allowed to settle for no less than ninety (90) and no more than one hundred eighty (180) days. At the end of the period of time of settlement required by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, an inspection shall be performed by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee. 3. At this time, the permittee shall be required to mill and restore the excavation work area surface extending from the curb to the center line of the road or a minimum of one (1) foot beyond the outer edges of the excavation, which ever is greater, and install no less than two (2 ") inches of FABC surface course (mix I -5). The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and hot - poured rubber asphalt joint sealer (per Section 908 of DOT Standard Specifications for Roads and Bridges). If the excavation work area will be within two (2') feet or less of a previous excavation made within one (1) year by the same permittee along the same side of the road, the permittee shall be required to mill and restore between to outermost excavation form the center line of the roadway to the curb. 4. If the distance from the edge of the excavation work area to the existing curb is greater than two (2') feet and less than four (4'), the permittee shall be required to mill this area, as well as the surface of the excavation work area. In the event that the excavation work area opening is smaller than ten (10) square yards, the Department of Streets and Roads or the Borough Engineer may determine that milling and/or saw cutting procedures are impracticable and may allow other trench repair methods to be used. 5. The permittee will be required to replace any structures including, but not limited to, curb, pavement acrid sidewalk, that had been undermined by the adjacent trench excavation and restoration work, at his/her /its expense. Such work shall be performed according to Borough standards 6. Rules and regulations. Applicants shall comply with all BOCA Codes, Ordinances of the Borough of Carteret, resolutions or conditions of the Mayor and Council, or any duly constituted Board and any regulations, which the Head, of the Department of Streets and Roads or the Borough Engineer may establish. B. 1. Maintenance procedures. When final pavement restoration is approved, as required in Paragraph A above, the Head of the Department of Streets and Roads shall notify the Borough Clerk in writing that the portion of the cash repair deposit or performance guarantee pertaining to the street opening permit posted by the permittee at the outset of the project may be released subject to the retainage requested herein below. Such relief shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two (2) years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to repair any adjacent structures including but not limited to, curb, pavement and sidewalks that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough shall retain as a cash retainage, fifty (50 %) percent of the cash repair deposit and/or performance guarantee during the two (2) year maintenance period. N0. 02 -11 t>Aae__12___._ 2. If an inspection reveals that the restored excavation work area becomes unacceptable, the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within thirty (30) days from the date of notification or sooner if safety of public conveyances is involved. If the permittee fails to repair the trench within this time period, the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, shall notify the Borough Clerk and he /she shall allow the Borough to utilize the permittee's cash retainage and maintenance bond to pay for the cost of repairing the excavation work area. If the restoration costs exceed the maintenance bond, the permittee shall be liable for said additional costs. 3. Upon the termination of the two (2) year maintenance period, any remaining portion of said maintenance bond that has not been expended shall be returned to the permittee without interest. C. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut or excavation area to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of two (2) inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one (1) inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restoration and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. If, in the judgment of the Borough Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth, or weather conditions or any other reasons, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made. D. Acceptance or approval of any excavation by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, shall not prevent the Borough from asserting a claim against the permittee and his/her /its surety under the surety bond requirement for incomplete or defective work if discovered within twenty -four (24) months from the completion of the excavation work. The presence of a representative of the Department of Streets and Roads or the Borough Engineer during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. 222 -27. BOROUGH'S RIGHT TO RESTORE SURFACES OR ELIMINATE VIOLATIONS. A. If the permittee shall have failed to restore the surface of the street to its original and proper condition upon expiration fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit or shall fail to adhere to other requirements of this Article, the Borough shall have the right to do all work necessary to restore the street, to eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty -five (25 %) percent of such cost, in addition, for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amounts paid out and due for such work and shall apply, in payment of the amount do it, any funds of the permittee deposited as herein provided; and the Borough shall also enforce its rights under any surety bond No. 02 -11 provided pursuant to this Article. The Borough will normally give the permittee twenty -four (24) hours notice of its intent to act, under the terms of this section, to eliminate violations of this Article or to restore the surface, except that in the case of an immediate danger to the public health or safety, certified to by the appropriate Borough Officials, no such notice will be provided. B. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two (2) years after restoring it to its original condition. 222 -28. TRENCHES IN PIPE LAYING. Except by special permission by the Borough Engineer, no trench shall be excavated more than one hundred fifty (150) feet in advance of pipe laying or be left unfilled more than one hundred fifty (150) feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories, which are available at the site, ready to be put in place during that single work day. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work and/or as prescribed by the Borough Engineer. Except with written permission of the Borough Engineer, no timber bracing, lagging, sheathing or other lumbar shall be left in any trench. 222 -29. PROMPT COMPLETION OF WORK. The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition or as near as may be as soon as practicable and in any event, not later than the date specified in the excavation permit therefore. 222 -30. URGENT WORK. If traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, shall have full power to order, at the time the permit is granted, or any time thereafter, that a crew of men and adequate facilities be employed by the permittee twenty -four (24) hours a day, to the end that such excavation work may be completed as soon as possible. 222 -31. EMERGENCY ACTION. In the event of any emergency in which a sewer main, conduit, or utility in or under any street breaks or bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the owner or operator of any such sewer main, conduit, or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection for the property, life health and safety of individuals. However, such owner or operator shall notify the Police Department immediately upon initiating any emergency repairs and apply for an excavation permit not later than the end of the next succeeding day during which the Borough Clerk's Office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. 222 -32. NOISE, DUST AND DEBRIS. Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general N0. 09 -11 r . public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris, during the hours of 9:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, or in the case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Dust shall be controlled by means of maintaining the work area in a clean condition, cleaning and/or sweeping pavement areas and applying calcium chloride. 222 -33. PRESERVATION OF MONUMENTS. The permittee shall not disturb any survey monuments, hubs or pipe found on the line of excavation work until and unless ordered to do so by the Borough Engineer. 222 -34. NOTICES AND INSPECTIONS A. Forty -eight (48) hours prior to the commencement of the work, the permittee shall notify the Department of Streets and Roads and request that an inspector be present to supervise the excavation and restoration. As required by law, the permittee shall also notify all utility companies within such time as they prescribe according to their rules and regulations prior to the commencement of any work in order to obtain appropriate utility under ground location information. No pavement service restoration shall be performed until the backfill operation is complete and approved by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee. B. The Head of the Department of Streets and Roads, and/or the Borough Engineer or his designee, shall make any and all inspections as are reasonably necessary in the enforcement of this Article. 222 -35. MAINTENANCE OF DRAWINGS. Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground utilities including abandoned installations. Two (2) copies of as -built drawings shall be filed with the Borough Engineer and one (1) copy with the Head of the Department of Streets and Roads within sixty (60) days after new installations, changes, or replacements are made. 222 -37. BOROUGH WORK EXE KPT. The provisions of this Article shall not be applicable to any excavation work by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work for and on behalf of the Borough necessitating opening of excavations and streets. Nor shall the provisions of this Article relating to fees, cash deposits and/or surety bonds, except as provided for therein, apply to any excavation work performed adjacent to or within public rights -of -way by subdividers or site developers in accordance with approved subdivision or site plans, provided said subdividers or site developers have complied with the applicable ordinance requirements governing subdivisions or site plans. Nothing in this section shall eliminate the requirement for the preparation of as -built drawings for the installation of any underground structures, whether installed by the Borough, a subdivider or site developer. 222 -38. INSURANCE A. A permittee, prior to the issuance of the permit to do the work hereunder, shall furnish to the Borough Clerk, satisfactory certificates of insurance indicating that the permittee has in force and will maintain in force, No. 02 -11 during the performance of the excavation work and during the period of the excavation permit, public liability insurance of not less than three hundred thousand ($300,000.00) dollars for any one person and one million ($1,000,000.00) dollars for any one accident and property damage insurance of not less than five hundred thousand ($500,000.00) dollars, duly issued by an insurance company authorized to do business in this state. The Borough shall be named as an addition insured on the permittee's insurance policy. In cases where the character or nature of the proposed excavation work is such as to present an unusual hazard or a higher than normal risk of damage or injury, the Borough Council may require the provisions of increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred, by the Head of the Department of Streets and Roads, or the Borough Engineer or his designee, for the consideration of the Borough Council prior to the issuance of a permit. In lieu of the filing of the certificate of insurance for bodily injury and property damage in the amounts set forth herein, a public utility may, at the discretion of the Borough, file with the Borough Clerk, at the same time its performance bond is filed, a letter certifying that it is a self - insurer and exempt from the necessity of obtaining an insurance policy pursuant to the laws of the State of New Jersey. B. By making an application for a permit, the permittee agrees to indemnify and save harmless, the Borough of Carteret, its officers, agents and servants from and against any loss, injury or damage (including the cost of providing a defense) resulting from any negligence or the fault of the permittee in the case of work covered by the permit. The permittee shall also indemnify and save harmless the Borough of Carteret, (again, including the costs of providing a defense) against any damage done to other utilities as a result of a road opening. 222 -39. LIABILITY OF THE BOROUGH. This section shall not be construed as imposing upon the Borough or any official or employee 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; or shall the Borough or any official or employee 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. 222 -40. DENIAL OF PERMIT; APPEAL PERIOD The Borough Clerk, Head of the Department of Streets and Roads, and Borough Engineer or his designee are authorized to refuse the issuance of any permit, if such refusal is in the interest of public safety, public convenience or public health. If a permit is refused by any of the aforementioned officials, an appeal may be taken to the Borough Council. The Borough Council after hearing the applicant and said official(s), and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal to issue the same. 222 -41. POWER TO MAKE ADDITIOINAL RULES AND REGULATIONS. The Borough Engineer may make any rules and regulations that he considers necessary for the administration and enforcement of this Article, but no regulation shall be substantially inconsistent with, substantially alter or amend any provision of this Article, or impose any requirement that significantly adds to those expressly or by implication imposed by this section. No regulation shall be effective unless they shall be approved by resolution of the Council. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit. 222 -42. VIOLATION AND PENALTIES. PACE 16 NO'. 02 -11 For violation of the provisions herein contained, the Head of the Department of Public Works, or the Borough Engineer or his designee, may revoke the permit and the excavation or opening and pavements may be restored by the Borough of Carteret at the expense of the permittee. In addition, any person, firm or corporation found guilty in Municipal Court of the Borough of Carteret of a violation of the terms of this Section shall be subject to a fine of not less than One Hundred Fifty ($150.00) Dollars, nor more than One Thousand ($1000.00) Dollars or imprisonment for a period not exceeding ninety (90) days or both in the discretion of the Municipal Court Judge. Each day a violation occurs shall be considered a separate violation. SECTION 2. All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. SECTION 3. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be sever able from the remainder of this Ordinance. SECTION 4. This Ordinance shall take effect twenty (20) days following final passage and publication according to applicable law. UO N USE SPAC BELOW THIS LING Itl;CoRD OF COUNCIL VOTE aTi 1 NV A.R. COUNCI VIS NO NV X - Indicale Vole AB - Absem NV - Not Voling XOR - Indicates Vole to Overrule Veto Adopte(I on firs( reading of Illc Council of the Borough of Carteret, NJ., on __ __N!!y 16 2002 — Mopted on second reading after hearing on JMe 6 , AI'PItOVI:p BY —yl�