[Adopted 5-1-1922 as Ord. No. 28 (Ch.
64, Art. I, of the 1969 Code)]
[Amended 11-10-1992 by Ord. No. 649-92]
No person shall make any excavation in or tear up or disturb the surface of the roadway of any street, park or public place without a written permit therefor; provided, however, that any public utility corporation having pipes, conduits or rails in any public street or place shall not be required to obtain any other permit than that provided for in § 174-13 hereof. In cases of emergency, permits may be granted upon the applicant undertaking, in writing, to comply with the provisions of this article within three days' time.
[Amended 11-10-1992 by Ord. No. 649-92]
No permit for the excavation, tearing up or
disturbing of the surface of the roadway of any street shall be granted
unless the sums of money hereinafter set forth shall be paid to the
Borough Clerk. All permits issued hereunder shall be filed with the
Northvale Police Department.
A.
Such payments shall be at the following rates for
every two square yards or fraction thereof excavated, torn up or disturbed:
(1)
For openings on any road paved with concrete, asphalt
or specification block: $50.
(2)
For openings on any road paved with bituminous macadam
(penetration method): $50.
(3)
For opening on any road paved with water-bound macadam,
with or without bituminous or oil dressing: $50.
(4)
For openings on an unimproved road: $25.
B.
In addition to the above sums, the permittee for any
road opening shall post an inspection fee of $150 with the Borough
Clerk. Inspections will be made as required by a borough representative.
[Amended 11-10-1992 by Ord. No. 649-92]
The permittee shall guard the excavation or
excavations by the erection of suitable barriers and warning signs
by day and the maintenance of suitable barricades and lights by night.
[Amended 11-10-1992 by Ord. No. 649-92]
A.
Before any road opening permit will be issued, the
permittee will be required to file with the borough adequate and satisfactory
evidence that he or his contractor is covered by public liability
insurance in the limits of not less than five hundred thousand/one
million dollars ($500,000./$1,000,000.) for bodily injury and $300,000
for property damage and that under this coverage, or by separate policies
in the above limits, the Borough of Northvale Department of Public
Works and/or the Superintendent of Department of Public Works are
named among the insured and fully indemnified.
B.
The permittee or his contractor must also file with
the borough adequate and satisfactory evidence of statutory coverage
for workmen's compensation and disability insurance.
C.
The permittee or his contractor agrees, in accepting
a permit to open a road, to save harmless the Borough of Northvale,
its officers and servants from and against any injury, loss, damage
or legal action resulting from any negligence or fault of the permittee,
its agents or servants in connection with the work covered by the
permit.
[Amended 11-10-1992 by Ord. No. 649-92]
The permit for any such excavation as aforesaid
shall state the maximum time allowed for the completion of the excavation
and the backfilling thereof and the resurfacing thereof, all of which
shall be completed within the time stated in such permits. The material
to be used for such backfilling shall be earth, or earth and crushed
stone in even quantities. No stone larger than six inches in diameter
and no shale rock shall be used for such purpose. No more than six
inches of material shall be backfilled at one time, and the same shall
be thoroughly moistened and tamped and excess material shall be removed
and all debris shall be forthwith cleaned up and carted away. Prior
to the completion of the backfilling and restoration of the pavement
of the street, the person to whom the permit was issued shall immediately
notify the Borough Clerk, who shall cause the work to be inspected
at a charge of $50 for each inspection. If found satisfactory, the
Borough Clerk shall return to said person holding the permit the amount
of the deposit unused for said inspection.
[Amended 11-10-1992 by Ord. No. 649-92]
In order to compensate the borough for the cost
or future maintenance of openings after the final surface has been
completed and approved by the borough, the following future maintenance
charges will be posted in cash with the borough for a period of two
years:
A.
In pavement areas, for openings up to and including
30 square yards in area ($50 minimum charge): $4 per square yard.
B.
In pavement areas, for that portion of the area in
excess of 30 square yards: $3 per square yard.
C.
In shoulder areas, for openings up to and including
30 square yards in area ($50 minimum charge): $3 per square yard.
D.
In shoulder areas, for that portion of the area in
excess of 30 square yards: $2 per square yard.
[Amended 11-10-1992 by Ord. No. 649-92]
Should a hazardous condition develop in connection
with a road opening and the permittee is not available or does not
remedy the condition promptly, the borough reserves the right to do
or to have done such work as it deems necessary to eliminate the hazard
and to charge the cost of such work to the permittee.
[Amended 11-10-1992 by Ord. No. 649-92]
If, in the opinion of the Superintendent of
the Department of Public Works or his representatives, work is not
being performed in accordance with these regulations, the Superintendent
or his representatives may, in writing, stop the work at any time,
and work shall not be resumed without the consent, in writing, of
the Superintendent of the Department of Public Works.
[Amended 11-10-1992 by Ord. No. 649-92]
The Superintendent of the Department of Public
Works shall establish those methods, procedures and maintenance regulations
that he deems, in his discretion, are necessary to ensure a proper
performance of the work contemplated under this article.
[Amended 11-10-1992 by Ord. No. 649-92]
A.
No openings in the paved section of any road shall
be less than 18 inches wide nor more than three feet wide, and such
openings shall be made so that the width at the bottom shall be less
than the width at the surface of the pavement.
B.
No tunneling will be permitted except under special
conditions as determined by the Borough Engineer and pursuant to a
special permit to be issued by the Borough Clerk.
[Amended 11-10-1992 by Ord. No. 649-92]
Whenever possible, the excavation shall be made
on either side of the pavement, and pipes to be laid shall be driven
from one excavation to the other so as not to disturb the pavement.
[Amended 11-10-1992 by Ord. No. 649-92]
No boring under the pavement of any road shall
be done except by special permission of the Borough Engineer and under
the personal supervision of the Superintendent of the Department of
Public Works. When necessary to excavate across the entire roadway
of any road, the work shall be performed so that at least 1/2 of said
roadway shall remain open for traffic. No person shall permit any
street or road to be closed to travel by reason of any excavation
made therein pursuant to this article, except for special circumstances
as determined by the Borough Engineer.
[Amended 11-10-1992 by Ord. No. 649-92]
The provisions of this article, except for §§ 174-3 and 174-5 through 174-12, shall not apply to a public utility company, as defined by N.J.S.A. 48:2-13, or any company now having the right, in the discharge of its duties of the public, to excavate or open the surface of the public streets, avenues or public places in the borough, provided that for each such excavation or opening, the company follows the provisions of this section. Prior to any work, the company shall file with the Borough Clerk a notice, specifying the location of the work to be done, the character of the work and the length of time considered necessary for completion. Such notice shall be accompanied by a filing fee of $50 or, in the alternative, a public utility may pay an annual fee of $500. In addition, each such company shall post annually with the Borough Clerk a bond, cash or other form of security in the sum of $5,000, conditioned to save the borough from all costs, loss, charge or damage which it may sustain, incur or be subjected to by reason of any such excavation or opening, which bond or other security shall be approved as to form by the Borough Attorney. In the event that the Borough Engineer determines that any project requires additional security, the company shall agree to post such additional security as may be required prior to commencing any work. Further, the company shall conduct the excavation, cleanup and maintenance of the surface in accordance with §§ 174-5 through 174-9 of this article and shall be responsible for full restoration in proper order and condition, to the satisfaction of the borough, of any public street, avenue or public place wherein excavations or openings shall be made by it. Upon failure to restore and maintain the excavation or opening to the satisfaction of the borough, the borough may restore and maintain such excavation or opening, using the bond so deposited or so much thereof as is necessary.
A.
No person shall remove, excavate or disturb any sidewalk
or curb, except for the sole purpose of relaying or repairing the
same, without a permit therefor.
B.
The permit shall state the maximum length of time
that it shall remain in force, but it may be renewed by the Borough
Clerk for a further period of time if, in his judgment, such renewal
is necessary.
C.
The fee for such permit shall be $10.
[Amended 3-8-2000 by Ord. No. 748-2000]
D.
No permit shall be granted unless there shall be deposited
with the Borough Clerk a sum equivalent to $500 for each 10 feet or
fraction thereof, linear measurement, of the sidewalk or curb which
is to be removed, excavated or disturbed, which sum shall be retained
by the Borough Clerk as security for the replacing of such sidewalk
or curb within the time stated in the permit or any renewal thereof.
In case such sidewalk or curb is not replaced within said period of
time to the satisfaction of the Borough Council, the Borough Council
shall cause the work to be properly done and shall pay the cost thereof
out of such deposit, and such deposit or the unexpended portion thereof
shall be returned when the sidewalk and curb are properly replaced.
[Amended 3-8-2000 by Ord. No. 748-2000]
E.
During the time that any such sidewalk shall be removed,
provision shall be made by the owner or the occupant of the premises
for the safe and convenient means of passage by pedestrians satisfactory
to the Borough Clerk.
The owner or owners of the premises abutting
any bluestone or concrete sidewalk shall maintain such sidewalk at
all times in a good and passable condition, at a grade which shall
prevent water accumulating thereon, and shall replace any flagstones
which become broken and shall maintain flagstones so that the joints
thereof are even.
In case any sidewalk becomes out of repair,
the owner or occupant of the lands abutting such sidewalk shall forthwith,
upon receipt of a written notice from the Borough Clerk, repair or
cause the same to be repaired and made in a good and passable condition
and to conform with the requirements of the previous section of this
article.[1]
[1]
Editor's Note: Former § 64-11 which
immediately followed this section and which prohibited driving vehicles
and horses on sidewalks, was deleted 8-10-1994 by Ord. No. 675-94.
No person shall place any bridging over any
gutter or any pipe or other construction in any gutter without first
obtaining a written permit therefor from the Borough Clerk.
No person shall place or permit to be placed
on any sidewalk any object or thing that shall in any manner encumber
such sidewalk or render travel upon such sidewalk dangerous or unsafe.
[Amended 8-12-2020 by Ord. No. 1021-2020]
It shall be the duty of any owner and occupant
of lands within the Borough to maintain and repair any sidewalk and
curbing abutting such lands. No person shall lower the curb or change
the grade of the sidewalk for the purpose of providing a carriageway
or driveway across such sidewalk without a permit therefor from the
Borough Clerk. The fee for such a permit shall be $25.
No gasoline tank shall be installed in or under
any public street without a permit therefor issued by the Borough
Clerk. No such permit shall be issued until directed by resolution
of the Borough Council. All persons desiring such permit shall make
a written application therefor to the Borough Clerk, specifying the
exact purpose, the location of such tank, the size and capacity thereof,
the name of the owner of the abutting property and such other information
as may be required by the Borough Council. The Borough Council may
refuse to grant any such permit if it is deemed such refusal is for
the general welfare and public safety or convenience. No such permit
shall be granted until there shall be paid a fee of $10. Such tank
must be installed in a manner satisfactory to the Chairman of the
Road Committee of the Borough Council.
No person shall obstruct or permit the obstruction
of any street or public place by the storage or placing of any building
material or other material or merchandise thereon and permitting the
same to remain longer than is necessary to convey the same on or into
private property unless a permit therefor shall be obtained from the
Borough Clerk. No permit shall be granted which permits the use or
obstruction of more than one-third (1/3) of the width of the roadway
of such street or public place at any point. The application for such
permit shall state the kind and character of material to be stored
or placed in such public street or place, the exact location where
the same is to be stored or placed and the maximum length of time
that such obstruction shall continue. The Borough Clerk may impose
conditions in any permit issued under this section with respect to
keeping the sidewalk open for travel, and any other condition which
he shall deem proper in the interest of public safety and convenience.
The fee for such a permit shall be $1.
No person shall move any building or structure
across, along or through any street or public place without obtaining
a permit therefor from the Borough Clerk. The fee for such a permit
shall be $1. Such permit may contain conditions relating to the manner
of removal and length of time that any street or public place may
be obstructed, either in whole or in part, and any other regulations
for the protection of the street or public place and the public safety
or convenience.
No person shall injure, deface, obliterate,
take down or disturb or in any other manner interfere with or disturb
any signboard containing the name of any street or public place or
any bulletin board or sign or notice erected, posted or placed bearing
the name of the Borough of Northvale or any officer thereof.[1]
A.
No person shall throw or place or permit or aid the
throwing or placing of any glass, tacks or other like sharp substance
upon any public street or place.
B.
No person shall remove, break or change any sign or
lights or signals set up or placed in any street or public place as
a warning of danger or indicating an excavation or obstruction or
showing that any street or public place is closed to traffic, and
no person between the hours of sunset and sunrise shall extinguish
any light used in any of the purposes aforesaid.
No person shall place or erect any electric
light, telegraph, telephone or other pole in or upon any street or
public place except pursuant to the permits granted by a resolution
adopted by the Borough Council.
