[Adopted 7-11-1983 by Ord. No. 275]
A.
It shall be unlawful, except in case of emergency as set forth in Subsection B hereunder, for any person, firm, corporation or public utility to engage in any of the following activities unless such person shall first have obtained a permit therefor from the designated representative of the Borough of Buena:
(1)
To dig up, excavate, tunnel, displace, undermine or in any manner
break up any paved street, sidewalk, curb, gutter or other public
property in any of the streets or other public grounds of the Borough
of Buena.
(2)
To make or cause to be made any excavation in or under the surface
of any street for any purpose.
(3)
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.
(4)
To perform any other operation on any street which in any way interferes
with or disturbs the surface of such street.
B.
In the event that any pipe, conduit, main or other utility installation
in or under any street, sidewalk, curb, gutter, public way or other
public area shall break or otherwise be in such condition as to seriously
endanger persons or property, the owner of such pipe, conduit, main
or other utility installation shall immediately remedy such trouble
and shall immediately take all such necessary steps to make the location
in question safe and secure. The owner shall not, however, begin making
any permanent repair to the street, sidewalk, curb, gutter or other
public way or public area until such owner shall have secured a permit
as hereinafter provided. Such permit shall be applied for within five
days after the break or other serious problem has been discovered,
and the necessary permanent repairs to the street, curb, gutter, sidewalk
or other public way or area shall be made as directed by this article,
or, if not described herein, then as prescribed by the Engineer of
the Borough of Buena and shall be completed as soon as practicable
after receipt of the permit.
A written application for the issuance of an excavation permit
shall be submitted to the Clerk of the Borough of Buena. The application
shall state the name and address of the applicant, the locations and
dimensions of the excavation, the purpose of the excavation, the anticipated
date of commencement, completion and restoration of the excavation
and such other data as may reasonably be required by the Borough of
Buena on an application form to be provided. The Borough may also
require the submission of a plan or drawing to be attached to the
application, drawn by a professional engineer of the State of New
Jersey, drawn to a scale sufficient to show clearly the proposed work
to be performed, including the location thereof. Any such plan or
drawing shall show profiles and all utilities within 25 feet of the
proposed work. Utility companies may use a nonlicensed engineer who
is an employee of the company, provided that his work is acceptable
to the Borough Engineer.
[Amended at time of adoption of Code]
Any person, firm, corporation, association or public utility
applying for an excavation permit shall be solely responsible for
obtaining a separate permit in accordance with the requirements of
N.J.S.A. 48:2-73 et seq. when the proposed excavation is located within
200 feet of a gas pipeline, and all excavation permits issued by the
Borough of Buena are subject to the issuance of such separate permit.
An applicant for a permit is further responsible for contacting all
other local utilities, including but not limited to the Borough of
Buena Municipal Utilities Authority, to determine whether any property
or line of the utility is located in the vicinity of the proposed
excavation site, and, if so, the applicant shall be obligated to comply
with any statutes or regulations pertaining to same.
A.
Upon application and payment of the fees and deposits as required
by this article, the Clerk of the Borough of Buena may, in his discretion,
issue an excavation permit to permit the excavation or opening of
the surface of any Borough street or road or to permit the excavation
of any sidewalk area, curb, gutter or other public area or public
grounds. The permit shall state the name of the applicant, the nature
and purpose of the excavation or opening, the location of the opening
and the number of days for which the permit shall remain in force.
B.
In the event that the Clerk of the Borough of Buena refuses to issue
any permit to any person, firm, corporation, association or public
utility applying for same, such applicant shall have the right to
appeal the refusal to the Mayor and Council of the Borough of Buena,
which shall review the application and circumstances surrounding the
application and which shall, upon majority vote, decide whether the
permit in question should be issued.
C.
Any permit issued by this article may be revoked by the Mayor and
Council of the Borough of Buena at any time prior to the termination
date of the permit if such revocation is necessary for the public
health, safety or welfare.
D.
No permit shall be issued to allow the excavation or opening of the
surface of any Borough street or road which has been reconstructed,
overlayed or resurfaced, for a period of five years from the completion
date of such reconstruction, overlay or resurfacing except in the
following circumstances:
[Added 8-7-1989 by Ord. No. 365]
(2)
A lot which existed prior to the reconstruction, overlay or resurfacing
was not connected to a water or sewer lateral prior to such reconstruction,
resurfacing or repaving, in which event a road opening permit may
only be granted upon good cause shown and approval by a two-thirds
vote of the entire Council of the Borough of Buena.
A.
Excavation permits issued under this article shall become null and
void unless work is commenced within 90 days after the issuance of
said permit, unless an extension of time is granted by the Clerk of
the Borough of Buena.
B.
Where road openings or excavations are to be made, the applicant shall give a forty-eight-hour notice to the Engineer of the Borough of Buena or to his duly authorized representative prior to the commencement of any road opening or excavation, except in case of emergency as provided in § 195-9B of this article.
[Amended 8-7-1989 by Ord. No. 365]
C.
All road openings and excavations shall be backfilled immediately,
and road restoration shall be made in accordance with the terms and
conditions of this article within two weeks after backfilling has
been completed.
[Amended 1-22-2018 by Ord. No. 661]
No street, road or other public way in the Borough of Buena
shall be closed to traffic unless the Franklin Township Police Department
and the Borough Engineer have been notified and have approved the
same. Thereafter, rerouting or detouring of traffic shall only be
done in conjunction with the instructions from the Franklin Township
Police Department.
A.
Except as hereinafter set forth, a permit fee shall be charged by
the Clerk of the Borough of Buena for the issuance of an excavation
permit, which fee shall be in addition to all other fees for permits
issued relative to any proposed construction work. A permit fee shall
be determined as follows:
B.
Any individual or corporate property owner in the Borough of Buena
seeking to install or replace a sidewalk or curb, where the installation
or replacement does not contemplate further excavation for the repair
or laying of a pipe or cable, and where such installation or replacement
is limited to the municipal right-of-way adjacent to the property
of the individual or corporate property owner, shall be exempt from
the payment of any fee, but shall be required to comply with all of
the remaining terms and conditions of this article and to obtain a
permit as hereinabove set forth.
A.
No permit shall be issued hereunder prior to the submission to the
Borough of Buena of a performance bond in the amount of $30 per lineal
foot of excavation to guarantee that the road, curb, gutter or other
opening or excavation for which a permit is sought will be properly
closed and that the road, street, curb or gutter shall be satisfactorily
reconstructed. In lieu of a performance bond, the applicant may submit
a certified check or irrevocable letter of credit in an amount equal
to that which a bond would guarantee with the application.
[Amended 8-7-1989 by Ord. No. 365]
B.
No performance bond shall be released prior to the submission of
a maintenance bond in the amount of $20 per lineal foot of excavation.
The maintenance bond shall guarantee that the road, curb sidewalk,
gutter or other public way as reconstructed will remain in good condition
for five years after final inspection and acceptance by the Borough
Engineer. As an alternative to the purchase of a maintenance bond,
a certified check or irrevocable letter of credit in the same amount
may be provided with the application.
[Amended 8-7-1989 by Ord. No. 365]
C.
Any utility company seeking to excavate any roadway, curb, gutter
or other public way in the Borough of Buena may, in lieu of giving
a separate maintenance and performance bond for each project, annually
post a performance bond or a corporate bond in the amount of $10,000;
provided, however, that when road opening or trench work to be performed
in the Borough exceeds the amount of the bond posted, an additional
bond or check shall be required.
[Amended 8-7-1989 by Ord. No. 365]
D.
All checks or bonds provided under this article shall be submitted
to the Clerk of the Borough of Buena and payable to the Borough of
Buena.
E.
Any individual or corporate property owner who obtains a permit for the purposes described in § 195-15B of this article shall be exempt from this requirement of this § 195-16 with regard to the posting of performance and maintenance guaranties, except that this exemption shall only be applicable to an individual or corporate property owner seeking to install or replace curbs or sidewalks for one designated lot. A developer of a property who is required by the Land Use Board of the Borough of Buena to install sidewalks or curbs as a part of a site plan or minor or major subdivision approval shall be required to post such performance and maintenance guaranties as are required by the Land Use Board or by applicable Borough ordinances, notwithstanding the exemption set forth in this subsection.
[Amended 12-11-2006 by Ord. No. 542]
If more than three individual holes are required within a length
of 20 feet, a single trench must be used rather than individual holes.
In no case will more than three individual holes be permitted within
a length of 20 feet.
A.
A person or company obtaining an excavation permit under this article
shall take appropriate measures to assure that during the performance
of the excavation work traffic conditions shall not be adversely affected,
or shall remain as nearly normal as practicable, in order to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public. The Engineer of the Borough of
Buena, in conjunction with the Franklin Township Police Department,
may permit the closing of streets to all traffic for a period of time
determined by them if, in their opinion, such closure is necessary.
In the event that a question of safety is involved, the opinion of
the Franklin Township Police Department regarding the necessity of
closure shall prevail. The holder of the excavation permit shall keep
all road and street openings guarded at all times, and no opening
of a street, road, sidewalk or other public way or area shall be larger
than is reasonably necessary. The holder of the permit shall route
and control traffic, including its own vehicles, in accordance with
the directions of the Franklin Township Police Department. Before
any highway is closed or restricted to traffic, the person or company
holding the permit shall receive approval of the Borough Engineer
and the Franklin Township Police Department. Upon the completion of
construction, the holder of a permit shall notify the Borough Engineer
and the Franklin Township Police Department before traffic is moved
back to its normal flow so that any necessary adjustments in road
conditions or rerouting may be made.
[Amended 4-12-2021 by Ord. No. 697]
B.
Where flagmen are deemed necessary by the Borough Engineer, they
shall be furnished by the holder of the permit at its own expense.
In cases where a detour is necessary and no existing highway is available
for the purpose of the detour, the holder of the permit shall construct
all detours at its own expense and in conformity with the specifications
of the Borough Engineer.
The following measures shall be taken to ensure the safety and
protection of the traveling public:
A.
All openings must be backfilled immediately and restoration with
temporary patch shall be applied so as to permit passage along the
roadway.
B.
In the event that it becomes necessary to leave an excavation open
or unfinished overnight or for an extended period, the holder of the
permit shall place barricades at the site, exhibiting the name of
the permit holder and a phone number where a representative of that
company can be reached at all times. The permit holder shall also
notify the Franklin Township Police Department of the condition of
the unfinished excavation and furnish said Police Department with
the name of the permit holder and the phone number where a representative
can be reached. Flame torches or flashers shall be used in such cases,
with a minimum of four at the construction site or along the right-of-way,
or such additional number as may be required by the Borough Engineer.
[Amended 1-19-2021 by Ord. No. 693]
C.
After the placement of temporary patch on a work area which has been
backfilled, the permit holder shall maintain the temporary patch in
a passable condition until final paving is installed.
D.
The holder of a permit shall erect and maintain suitable timber barriers
to confine earth from trenches or other excavation in order to minimize
the encroachment of such material upon the highway.
E.
The holder of a permit shall construct and maintain adequate and
safe crossings over excavations and across highways under improvement
to accommodate vehicular and pedestrian traffic at all street intersections.
Vehicular crossings shall be constructed and maintained of steel plates
or of plank, timbers and blocking of adequate size to accommodate
vehicular traffic safely. Timber decking shall be not less than four
inches thick and shall be securely fastened. Pedestrian crossings,
if of timber, shall consist of planking three inches thick, 12 inches
wide, and of adequate length, together with necessary blocking. The
walk shall be not less than three feet in width and shall be provided
with a railing as required by the Borough Engineer.
F.
All permit holders shall contact the New Jersey Utility Opening Service
at 1-800-272-1000 and obtain clearances before beginning excavations.
A.
All trenches or openings of any kind in any roadway shall be sawcut
in a line equal to the widest portion of the proposed opening so that
the final paving will be in a straight line at all sides and not jagged
or stepped. Backfill material shall be clean and free from all rocks
and pieces of pavement. Trenches in road openings shall be backfilled
in layers not to exceed six inches in depth and all backfill shall
be tamped with a vibratory compactor. Existing backfilled material
shall be capable of obtaining 95% compaction, or new material shall
be brought in so that 95% compaction is obtained. In the event of
shortage, additional clean backfill materials shall be used to bring
the excavation back to acceptable grade. The final restoration shall
be consistent with either of the following methods: 12 inches of quarry
blend and four inches of stabilized base plus two inches of FABC wearing
course to match the existing surface of the road being restored or
eight inches of stabilized base, plus two inches of FABC wearing course
to match the existing surface of the road being restored. Regardless
of the method of restoration chosen pursuant to this subsection, the
wearing course shall extend a minimum of two feet beyond all sides
of the opening. On roads presently paved with oil and stone, a variable
wedge of stabilized base Mix 2 shall be placed to give a new crown
with a 2% slope, and the entire disturbed roadway shall be resurfaced
with two inches of FABC Mix 5.
[Amended 8-7-1989 by Ord. No. 365]
B.
All openings of any road, sidewalk or other public way shall be backfilled
immediately or as soon as practical after the work necessitating the
excavation has been completed. Thereafter, on all public roadways
a temporary patch shall be installed above the backfill in order to
permit the area in question to stabilize sufficiently before the application
of permanent paving as above described. Unless otherwise ordered by
the Borough Engineer, permanent paving shall not be applied until
at least eight weeks after the completion of backfilling and the application
of the temporary patch.
[Amended 8-7-1989 by Ord. No. 365]
C.
After backfill, the trench or other road opening shall be inspected
by the Borough Engineer, who will determine the extent of resurfacing
necessary in accordance with the requirements set forth in this article.
In the event that a roadway has been resurfaced by the Borough of
Buena during the previous five years, the Borough Engineer shall require
full width restoration.
D.
Whenever required by the Borough Engineer, pipes for making opposite
side hookups shall be driven or bored under the paved portion of the
road or street without disturbing the surface.
E.
Road openings and/or trenches involving unusual or special conditions
shall be restored in accordance with and pursuant to the direction
of the Borough Engineer.
F.
Upon the final closing of every road opening for which a permit is
required under this article, the holder of a permit shall request
a final inspection by the Borough Engineer. If the work has been completed
in a satisfactory manner, a certificate of completion shall be sent
by the Borough Engineer to the Clerk of the Borough of Buena who shall
return the performance guaranty posted by the holder of the permit
upon receipt of the required maintenance guaranty. At the time of
such inspection, the holder of the permit shall also pay to the Treasurer
of the Borough of Buena an inspection fee, which sum shall be paid
by the Borough to the Borough Engineer upon submission of an appropriate
voucher. The inspection fee shall be changed from time to time by
resolution of the Council of the Borough of Buena without formal amendment
to this article.
[Amended 8-7-1989 by Ord. No. 365; at time of adoption of
Code]
G.
In any case where the holder of a permit has not complied with the
provisions of this article regarding restoration of a street and the
obtaining of approval of same by the Borough Engineer, the Council
of the Borough of Buena may cause the work to be done and the cost
to be deducted from the performance guaranty posted by the holder
of the permit after due notice.
As a condition to the issuance of a road opening permit under
this article, each applicant shall hold the Borough of Buena harmless
from any and all claims of any nature arising out of the construction,
road, street or other work covered by said permit, and the Borough
of Buena shall not assume any liability in connection therewith. In
the event that any suit or claim is made against the Borough of Buena
for any reason arising out of work undertaken pursuant to a street
opening permit, the applicant or holder of the permit shall indemnify
the Borough of Buena for any costs or damages which it is called upon
to expend in connection with any such claim. Any final judgment rendered
against the Borough of Buena requiring it to pay for such damage shall
be conclusive upon the holder of the permit, and such holder shall
be liable for all costs incurred by the Borough of Buena in connection
with such suit.
A.
As an additional condition to the issuance of a permit, the applicant
for a permit shall deliver to the Clerk of the Borough of Buena a
certificate of insurance in a sum of not less than $1,000,000 combined
single limit. Where applicable, the applicant or holder of a permit
shall demonstrate that the explosion, collapse and underground exclusion
has been removed from its insurance policy. No certificate of insurance
issued under this article will permit the cancellation of said insurance
without giving the Borough of Buena at least 10 days' written notice
thereof.
No person shall tear down, displace or remove any barricade,
guardrail or fence placed along the site of any opening or excavation
made pursuant to a permit issued under this article, or extinguish
or remove any light or warning sign thereon or any other safety device
or warning placed on or near any obstruction on any street or public
place, unless such person is acting under the authority of the Department
of Roads of the Borough of Buena or with the consent and authority
of the person superintending the excavation work and material thereby
protected.
No lime, cement, water, concrete or other materials shall be
mixed directly upon any paved surface of any street or public place.
A watertight box shall be employed for the mixing of any wetted material
over any such paved surface.
The owner, driver or operator of any truck, automobile or other
vehicle parked or standing in any street or other public place in
such a manner as to obstruct the progress of work being undertaken
pursuant to a permit issued under this article, or so as to impede
the flow of traffic past any construction work, material or equipment
used in such construction, shall, upon verbal or written notice given
by the Police Department, Mayor, member of the Road Department or
other duly authorized representative of the governing body of the
Borough of Buena, immediately remove such automobile, truck or other
vehicle to another location to remove the obstruction or impediment
as above set forth. Any person refusing to comply with such verbal
or written notice shall be in violation of this article and shall
be subject to the penalties set forth herein.
In addition to the provisions of this article, the Mayor and
Council of the Borough of Buena or the Road Department of the Borough
of Buena may adopt such rules and regulations supplementing this article
dealing with fees and the safety of persons and property as may be
reasonable and necessary for the proper administration of the provisions
hereof.
[Amended 1-12-1987 by Ord. No. 329]
