Chapter 85 Street Openings and Excavations

It shall be unlawful for any person, firm or corporation to make an excavation or to place any form of construction in, over or upon any public road or street under the control of the Borough of Park Ridge or to otherwise endanger or obstruct the normal flow of traffic or the normal flow of surface water by the placing of any barricade, structure, material or equipment not normally designed to be operated, placed or used on the public road or street without first obtaining a written permit, issued and approved by the Construction Code Official, and upon payment of application fees as indicated in § 85-1B and § 85-13D and submission of escrow for professional services and deposits or bonds as indicated in § 85-5, Escrow; guaranty deposit or bond requirements, § 85-13E and § 85-13F. A permit shall be required for each and every street opening and excavation unless otherwise authorized by the Construction Code Official.

An application fee shall be required for each and every street opening and excavation unless otherwise authorized by the Construction Code Official. An application fee shall be submitted in the amount of $250 for each street opening or excavation. For trench cuts, the application fee shall be $250 for the first of each street opening or excavation plus $20 per linear foot of trench. For fees associated with street openings and excavations by public utility companies, see § 85-13D.

Street opening and excavation permits will not be issued between December 1 and March 1 unless an emergency exists as confirmed by the proper officials having jurisdiction over same.

For street openings and excavations involving the installation of monitoring well(s), the requirements of the "Addendum to Street Opening Permit for the Installation of Monitoring Well(s) on Borough of Park Ridge Municipally Owned Property or in the Public Right-of-Way" appended at the end of this section shall also apply.[1] Where any sections of the addendum conflict with other sections indicated in Chapter 85, Street Openings and Excavations, the requirements of the addendum shall govern.

The permit shall remain in effect until a restoration inspection certificate, as identified in § 85-6, for the permit has been issued.

The Construction Code Official may exercise his or her right to immediately revoke the permit for failure to maintain the street opening or excavation area in a safe manner as indicated in § 85-10 and failure to submit and maintain appropriate application fees, escrow for professional services, and deposits or bonds as indicated in § 85-1A, as applicable.

A permit for street openings and excavations does not carry with it any right to make drainage, sewer, water, gas, oil, steam, electric or telecom connections. A separate permit to make such connections must be obtained from the proper officials having jurisdiction over same.

A permit shall not be transferred except upon prior written consent of the Construction Code Official.

Copies of the permit shall be forwarded by the Construction Code Official to the Borough Engineer, Departments of Public Works, Utilities, Police and Fire of the pending street opening.

Application for such permit shall be made on forms obtained at the Construction Department. Said permit shall indicate the following information, as applicable:

If the contemplated operation will completely obstruct any thoroughfare or make inaccessible to vehicular traffic a length of more than 200 feet of any thoroughfare for a period in excess of 24 hours, then a period of not less than 72 hours shall elapse after the issuing of the permit before the operation may be started, and the person, firm or corporation to whom such permit is granted shall post conspicuous signs in accordance with the provisions of Title 39 of the Revised Statutes of New Jersey, with amendments thereof and supplements thereto, at or near the site of the operation, setting forth that the thoroughfare will be closed and the date, the reason for and the duration of such closing.

Each permittee shall call 1-800-272-1000 to obtain a utility mark out at least 72 hours prior to commencement of excavation of any street, certify that (s)he has followed the mark-out procedure for determining the location of utilities and obstructions within the area of the proposed work, and submit a mark-out reference number to the Construction Department, as provided by New Jersey One Call.

Where any utility installations require that services to existing users be interrupted, such utility shall notify such users of the period of time when the services will not be available. Such notice shall be given at least 48 hours prior to the interruption of service. A copy of the notice shall be provided to the Construction Department.

Any work for which a permit is issued shall be conducted so as not to interfere with any water main or sewer, or any connection from a water main or sewer to any building, unless prior permission for interference has been obtained from the Borough Water and Sewer Department. All rock within five feet of any water main, sewer or other pipe which may become damaged shall be removed without blasting. No excavation which may damage trees or shrubbery shall be made without the prior permission of the Shade Tree Commission or the Borough Engineer.

In addition to the required application fees, the permittee may be required to establish one or more cash escrow accounts with the Borough to cover the reasonable costs of professional review, consultation and inspections.

No person, firm or corporation shall be granted a permit to open any street until and unless there shall be deposited, as a guaranty of performance with the Construction Code Official, an amount sufficient to pay the expenses of repairing and replacing such public streets or other surfaces or appurtenances within the street opening and excavation area in accordance with the following provisions. A check shall be deposited, made payable to the Borough of Park Ridge, in a total amount equal to $50 per square yard of paved area opening, $5 per square yard for lawn area openings and $20 per lineal foot for curb replacement; provided, however, that the minimum deposit shall be $500. Where the deposit exceeds $1,000, a bond may be filed for the excess over $500, satisfactory to the Borough as to form, amount and surety, with the Borough Treasurer, which bond will be conditioned upon replacing such opening or openings in the manner required herein, and the work shall be performed and paid for by the person, firm or corporation obtaining the permit. The filing of such bond shall not relieve any person, firm or corporation of the necessity of securing a permit and complying with all of the terms and conditions of this chapter. Expenses, if any, incurred by the Borough for the maintenance and repair of the replacement shall be deducted from the deposit posted by the permittee. Subject to the terms and conditions of this chapter, the deposit and bond shall be returned to the permittee one year after the date of the issuance of the restoration inspection certificate as indicated in § 85-6.

The Construction Code Official, Superintendent of Public Works, or Borough Engineer may require an extended maintenance period in excess of one year and an additional maintenance guarantee depending upon the nature of the work involved. The additional obligation will be released upon completion of the work and acceptance of the work by the Construction Code Official, Superintendent of Public Works, or Borough Engineer.

The Construction Code Official, Superintendent of Public Works, or Borough Engineer shall have the right to secure the services necessary to perform borings in the pavement, cut cores in the pavement or to perform other investigations as deemed necessary to confirm that the provisions of the street opening permit have been satisfied. The cost of such investigations shall be deducted from the permittee's guarantee.

For escrow and bond requirements for street openings and excavations by public utility companies, refer to § 85-13E and § 85-13F.

Edges of all excavation shall be cut in a straight line with a saw or an approved pavement cutter. All excess material created as a result of trenching shall be removed from the street and disposed of in accordance with all applicable regulations regarding same. Where an excavation is to extend the full width of the street, only half of the excavation shall be made at one time and it shall be properly backfilled and inspected, as herein provided, before the other half is excavated.

Backfill materials shall be dense graded aggregate or other material as approved by the Construction Code Official, Superintendent of Public Works or the Borough Engineer. Specifications for backfill materials shall be in accordance with NJDOT Standard Specifications for Road and Bridge Construction, 2019, or latest version, as amended. Certain underground conduits, pipes, etc., which may require a sand cushion adjacent to the structure for protective reasons, will be permitted if indicated in the application and with approval of the Construction Code Official, Superintendent of Public Works or the Borough Engineer. Clay or heavy black loam shall not be used. The backfill is to be placed in layers not exceeding 12 inches in thickness, moistened as required, and each layer tamped until thoroughly compacted.

Except in the case of an emergency or special construction requirements, all street openings and excavations shall be closed within 24 hours by the permittee, and thereafter maintained in a safe condition for vehicular traffic until the permanent surface has been restored. Each permittee shall completely backfill the trench to the surface with dense graded aggregate or other material as approved by the Construction Code Official, Superintendent of Public Works or the Borough Engineer.

In the case of an emergency, a substituted closing may be constructed as authorized by the Construction Code Official, Superintendent of Public Works, or Borough Engineer.

Final backfill shall be installed up to six inches from the surface. Final backfill shall be dense graded aggregate or other material as approved by the Construction Code Official, Superintendent of Public Works or the Borough Engineer. The backfill is to be placed in layers not exceeding 12 inches in thickness, moistened as required, and each layer tamped until thoroughly compacted up to six inches from the surface. Final restoration above the final backfill shall be in accordance with §§ 85-9 and 85-13G, as applicable.

In cases where it is necessary to resort to tunneling operations to reach the point of connection with any main line, the backfill in the tunnel, where required, shall be of bentonite or other acceptable method as approved by the Borough Engineer.

The Construction Code Official, Superintendent of Public Works or the Borough Engineer may impose special conditions in any special case.

Temporary restoration of pavement is to be made immediately after the Construction Code Official, Superintendent of Public Works or the Borough Engineer has inspected and approved the backfilling. The temporary pavement shall consist of such material or materials as may be designated by the Construction Code Official, Superintendent of Public Works, or Borough Engineer, giving due consideration to the surface material of the street involved. The permittee shall maintain such temporary pavement in good repair so as to make the street safe for traffic.

Permanent restoration of pavement shall be made within six months, weather permitting, from the date the temporary pavement was installed, but in no event later than one year from the estimated starting date of the work involved in such street opening and excavation, and such permanent restoration shall, as nearly as possible, duplicate the original pavement in type, material and texture of surface. The Construction Code Official shall be notified three days prior to permanent restoration for quality control and Borough specification adherence.

It shall be the responsibility of the person, firm or corporation opening any thoroughfare or otherwise endangering or obstructing the normal flow of traffic or the normal flow of surface water thereon to fully protect both vehicular and pedestrian traffic from possible accident or injury in accordance with the provisions of Title 39 of the Revised Statutes of New Jersey and the amendments thereof and supplements thereto.

Each permittee shall keep each respective opening properly guarded by the placing of suitable barriers, crosswalks, notices, warning and/or caution signs by day and flares and/or flashing lights at night and manpower as may be required. All devices associated with traffic control shall be in accordance with the Manual of Uniform Traffic Control Devices. Work shall be performed in a manner and by a schedule so as to effect the least traffic interference.

No street shall be closed to traffic unless permission is granted through the office of the Chief of Police; provided, further, that no street shall be so closed on a daily basis for more than one day without the grant of permission from the office of the Chief of Police, or his/her designee. In the event the Police Chief, or his/her designee, deems it necessary, an off-duty Borough police officer shall be employed by the applicant to direct traffic.

The permittee shall hold harmless the Borough, its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee, or the agents of the permittee, in connection with the performance of work covered by the permit. Should an unsafe condition exist as determined by the Construction Code Official, Superintendent of Public Works or Borough Engineer, the Construction Code Official, Superintendent of Public Works or Borough Engineer shall immediately notify the permittee. If the unsafe condition is not corrected within four hours, the Construction Code Official, Superintendent of Public Works or Borough Engineer and the permittee is unresponsive to requests to address same, the Construction Code Official, Superintendent of Public Works or Borough Engineer, if it deems it advisable, shall authorize their agent to backfill the trench and replace a permanent pavement over the opening for which the permit was issued and charge or deduct same against the bond required in § 85-5.

Upon request by public utility companies, the Borough Engineer shall notify public utility providers of planned work on Borough streets. Any work to be done on these streets by the public utility must be completed before paving is started. Such notice shall state that no street opening permit shall be issued for openings, cuts or excavations in such Borough street for a period of five years after the date of paving or release of maintenance bond or guarantees associated with the work, if one exists. The notice shall also notify such permittee that applications for street opening permits, for work to be done prior to such paving shall be submitted promptly in order that the work covered by the permit may be completed before paving.

During such five-year period, no permit shall be issued to open, cut or excavate in such Borough street unless, in the judgment of the Construction Code Official, Superintendent of Public Works, or Borough Engineer, an emergency exists which makes it absolutely essential that the street opening permit be issued.

The restrictions in § 85-12A and B shall not apply to applications which have received approval from the Construction Department, Planning Board, Zoning Board or other regulatory agencies having jurisdiction over same.

In the instance where street openings and excavations associated with approvals for construction from the Construction Department, Planning Board, Zoning Board or other regulatory agencies having jurisdiction over same are required, final pavement restoration of the street surface shall include infrared finish, milling and paving of half of the width of the entire length of street from intersection to intersection or milling and paving of the full width of the entire length of street from intersection to intersection at the discretion of the Construction Code Official, Superintendent of Public Works, or Borough Engineer.

The Construction Code Official is authorized to require fees, escrow and bonds as stipulated in § 85-1B, § 85-5, Escrow; guaranty deposit or bond requirements, § 85-13D, E and F to assure that any street opening on streets paved within the past five years is restored satisfactorily. The restoration shall include milling and repaving of the area so as to blend uniformly with the adjacent street as per the conditions stated in the permit, including infrared restoration, restoration of seams, restoration of pavement markings, signage and all other appurtenances.

Utility companies, including those engaged in the installation of gas, sewer, water, telecom and electric lines, shall report to the Department of Public Works and the Borough Engineer, yearly, their intentions with regard to prospective work requiring future street openings in the community for the purpose of coordinating such activity with pavement projects anticipated by the Borough.

Except in the case of an emergency, the Borough shall have the right to schedule street openings with utility companies in a manner which will create the least disturbance to pavement courses, in furtherance of which purpose the Borough Engineer shall provide to the utilities a schedule of expected street construction and resurfacing, upon request of same by the utility company.

A preconstruction meeting may be required at the discretion of the Construction Code Official, Superintendent of Public Works or Borough Engineer.

Any public utility corporation having the lawful right to construct or maintain pipes, conduits or tracks in any public street or place shall file, with the Borough Treasurer, an application fee of up to $2,500.

Any public utility corporation having the lawful right to construct or maintain pipes, conduits or tracks in any public street or place shall file, with the Borough Treasurer, an escrow fee as stipulated in § 85-5, Escrow; guaranty deposit or bond requirements.

Any public utility corporation having the lawful right to construct or maintain pipes, conduits or tracks in any public street or place may file, with the Borough Treasurer, an annual bond in the sum of up to $25,000, conditioned upon the fulfillment of all the terms and provisions of this chapter. Such bond shall be renewed each calendar year and will entitle such corporation to make excavation for the purpose of construction or maintenance of its pipes, conduits or tracks for a period of one year. Release of said bond will be conditioned upon replacing such opening or openings in the manner required within this chapter, and the work shall be performed and paid for by the person, firm or corporation obtaining the permit. The filing of such bond shall not relieve any person, firm or corporation of the necessity of securing a permit and complying with all of the terms and conditions of this chapter. Expenses, if any, incurred by the Borough for the maintenance and repair of the replacement shall be deducted from the bond posted by the permittee. Subject to the terms and conditions of this chapter, the bond shall be returned to the permittee one year after the date of the issuance of the restoration inspection certificate as indicated in § 85-6.

In situations where excavations for utility or utility trenches extend the majority of a street from intersection to intersection or multiple street openings and excavations are required within a street from intersection to intersection, in addition to the backfill requirements in § 85-8 and pavement restoration specifications in § 85-9, final pavement restoration of the street surface shall include infrared finish, milling and paving of half of the width of the entire length of street from intersection to intersection or milling and paving of the full width of the entire length of street from intersection to intersection at the discretion of the Construction Code Official, Superintendent of Public Works, or Borough Engineer.

In addition to the requirements set forth in §§ 85-1 through 85-15, additional requirements, fees and conditions shall be applicable in connection with the installation of monitoring well(s) on Borough of Park Ridge municipally owned property in the public right-of-way, as delineated herein:

Permit application to be executed by permittee. The permittee shall be required to execute a permit application which delineates the permittee's agreement to maintain and operate any subject monitoring wells according to all conditions, requirements and fees set forth in this chapter.