[Adopted 7-6-1970 as Ch. 14 of the Revised General Ordinances]
No person shall excavate, test drill or disturb any public street,
road surface, curbing or sidewalk within the right-of-way of any street
or road in the Borough, including all sidewalks, streets and roads
in private developments not a part of the Borough street system at
the time of excavation but where it is contemplated that application
will subsequently be made to have the streets or roads become a part
of the Borough road system, for the purpose of laying, changing, repairing
or connecting any water, gas or sewer pipe, storm drain or electric,
telephone or telegraph pipes or conduits or for any other purpose
without obtaining a permit from the Clerk.
In an emergency where repairs must be made immediately, if the
person charged with the responsibility for making the repairs would
be unduly delayed in seeking a permit, the excavation may be made
for the purpose of stopping a leak or interruption in service of the
utility. As soon as the leak or interruption in service has been repaired
and an emergency no longer exists, the person who made the excavation
shall apply for a permit and comply with all the other provisions
of this article. In emergency matters, in the absence of the Clerk,
a permit may be issued by the Mayor or the Council member in charge
of Borough streets.
A.
Any person desiring a permit shall file with the Clerk or other designated
official in an emergency a signed application containing the following
information:
(1)
The name and address of the applicant.
(2)
The purpose for which the opening is to be made.
(3)
A clear description of the location of the proposed opening.
(4)
Three complete copies of the plans and specifications showing the
work to be done and indicating clearly the section of the street which
the applicant desires to open. Three complete as-built plans shall
be filed if any changes are made from the original plans.
(5)
The length, width and depth of the proposed opening.
(6)
The outside diameter of all proposed manholes.
(7)
The estimated date of commencement and the estimated date of completion
of the proposed work. These estimates can be based on past experience
in doing similar work. In unforeseen circumstances beyond his control,
the applicant may apply for an extension of the completion date.
(8)
The approximate cost of backfilling, tamping and repaving work when
a bond is to be furnished.
(9)
An agreement, in writing, to hold the Borough harmless from any loss,
injury or damage resulting from the course of construction, whether
directly or indirectly connected with the work, or from any negligence
or fault of the applicant in connection with the performance of the
work covered by the plans.
B.
Except as provided in § 168-11 relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate by his liability insurance carrier acceptable to the Borough, showing that he has liability insurance during the period required for the proposed improvement in the following minimum amounts:
As used in this article, the following terms shall have the
meanings indicated:
The applicant's agents, servants and representatives
and any contractors employed by the applicant.
The applicant shall, within 24 hours of excavation, continue construction, installation or repair of any installation as detailed in § 168-3A(4). Where excavation will be open more than 48 hours, clearance and permission must be received, in writing, from the Certified Public Works Manager or his/her designee. No excavation shall be started on a Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
The applicant shall keep all openings and all excavated material
properly guarded and shall place and maintain thereon warning lights
of adequate nature to warn the public from one hour before sunset
to one hour after sunrise. No greater portion of the street or curbing
shall be left open at one time in excess of 200 linear feet.
The Engineer or his representative shall inspect the work periodically
to ensure compliance with this article. Notice shall be given to the
Engineer 48 hours before excavation so that inspections of the work
may be scheduled. The applicant shall pay the cost of inspections
by the Engineer to the Engineer, whether inspections are the periodic
inspections by the Engineer or special inspections called for by appropriate
Borough officials. Inspection charges shall be minimal if the applicant
complies with the provisions of this article.
A.
Where test holes are drilled not exceeding nine square inches, such
holes shall be filled with hot tar to street level within 72 hours
of the repair of the leak or other utility damage.
B.
Where the holes or excavations exceed nine square inches, the applicant
or his contractor shall:
(1)
Fill with quarry blend or suitable backfill material as approved
by the Engineer to within 10 inches of the existing street surface.
The excavation shall be tamped sufficiently to keep future settlement
to a minimum, such tamping to be as directed by the Engineer or his
representative.
(2)
Duplicate the existing surfaces with like surfacing material to conform
to the existing street surface, road surface curbing, sidewalk areas
and grass plantings, except that no permanent pavement shall be placed
of a depth less than seven inches, to be constructed as authorized
by the Engineer.
(3)
Replace all damaged or broken drainpipe or conductors, either through
the street or from buildings and residences to the street.
A.
All asphalt- or macadam-surfaced streets shall be cut in straight
lines with a pavement cutter. All concrete-surfaced streets shall
be cut in straight lines with a saw or drill.
B.
Pending the actual repaving operation stated in § 168-8, the applicant may use a temporary fill in the excavation of such material as may be directed by the Engineer so that no loose stones, mud or dirt may impede the flow of traffic. The Borough may, at any time, require an irregularity in the surface to be corrected immediately.
C.
The applicant shall assume the responsibility of refilling the excavation
as it may sink from time to time and of keeping it level with the
balance of the street surface.
D.
After repavement, the applicant shall maintain the excavation for
a period of 18 calendar months and shall assume the responsibility
of refilling the excavation if it sinks. Where there is undue settlement,
the Engineer, in his judgment, shall direct the applicant to open
the excavation to ascertain the cause of the undue settlement and
to remedy it. All engineering costs shall be charged to the applicant.
[Amended 11-16-1987 by Ord. No. 406-87]
A.
The applicant shall pay a fee as prescribed in Chapter 10, Fees, of this Code, which shall be nonrefundable, and shall further deposit with the Borough Clerk an amount to be determined by the Borough Engineer, not to exceed $1,000, which shall constitute an inspection deposit from which the Borough shall be reimbursed for the expense incurred for engineering site inspections required.[1]
B.
A separate application fee and deposit shall be made for each proposed
excavation. In addition, the applicant shall post in advance such
amount as may be required by the Borough Engineer, in lieu of a maintenance
bond, to secure payment for such maintenance as may be required within
18 months of the final engineering inspection, the balance of which
shall be released at the discretion of the Borough Engineer within
18 months of the final inspection.
The applicant may, in lieu of a cash deposit, submit a surety
bond, which, upon approval of the Council, shall have the same force
and effect as cash. The bond shall provide for payment of any damages
by or from the acts of the applicant and save the Borough harmless
from any lawsuits which may result from damages sustained by any persons
or property as a result, directly or indirectly, of the work performed
under the permit. Public utility corporations of the State of New
Jersey may file a corporate bond on a yearly basis in an amount of
$5,000 in lieu of cash or construction bonds.
A.
Detour required. At all times during the course of construction,
1/2 of the street shall be open for public travel unless the applicant
provides and marks a suitable detour to the satisfaction of the Certified
Public Works Manager or the New Jersey State Police or other appropriate
law enforcement agency having jurisdiction as may be required. The
applicant shall, at all times, be required to make provisions for
local residents and shall maintain the roadway and adjacent areas
free from needless obstruction.[1]
B.
Time limit for excavations. All work performed must be done within the scheduled time in § 168-3A(7). If the applicant does not comply with this schedule or if, in the judgment of the Certified Public Works Manager or his/her designee, the applicant keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the Borough, at the expense of the applicant, upon two days' notice to the applicant.[2]
C.
Streets to be kept reasonably clean. If dust, dirt or other detrimental
material continues to arise as a result of the work or neglect of
the applicant or if a nuisance, in the opinion of the Certified Public
Works Manager or his/her designee, is caused by the actions of the
applicant, the Certified Public Works Manager or his/her designee
may stop the work until the situation complained of is eliminated.
Streets must be kept broom clean. If dust persists, streets may be
required to be hosed clean.[3]
D.
Blasting to be approved by Engineer. No blasting shall be allowed
unless approved by the Engineer. All work shall be conducted so that
there is no interference with existing utilities, water mains, sewer
lines, gas pipes or electrical or telephone conduits or their service
connections. If there is injury to the utilities, it shall be the
duty of the applicant, at his own expense, to properly repair and
replace and otherwise correct the damage. The applicant shall not,
at any time, come closer than three feet to any utility line without
the permission and supervision of the utility concerned. The utility
pipes shall be protected and temporarily supported as directed by
the utility company's representatives or the engineer inspecting
the excavation.
E.
Tunneling. In cases where it becomes necessary to resort to tunneling
operations to reach the point of connection with the main line, the
backfill in the tunnel shall be of rammed soil composed of a mixture,
by volume, of one part cement to six parts of aggregate material,
such as sand or three-quarter quarry blend.
F.
Final release and acceptance. All streets restored shall be subject to final release and acceptance, in writing, by the Engineer. Deposit money as required in § 168-10 shall not be returned nor bonds released until 18 months after completion of the project and its acceptance by the Engineer and then only upon written certification that the work has remained in a satisfactory condition for 18 months.
