[Adopted 10-14-1971 by Ord. No.
5-71 as Ch. 25, Art. IV, of the 1971 Code of Ordinances; amended in its entirety 5-27-1982 by Ord. No. 21-82]
As used herein, the following terms shall have
the meanings indicated:
The Administrator of the Borough of Rockaway.
A person applying for a permit hereunder.
The Chief of Police of the Borough.
The Clerk of the Borough.
The Engineer of the Borough.
Any day designated as such by the State of New Jersey and
the Borough of Rockaway.
The cost of supervising and inspecting the work by the Superintendent
of Public Works or his representative at prevailing per diem rates
on file with the Clerk.
The opening, excavation, digging or other such activity under,
over or through any street, as well as any appurtenances thereto,
within the Borough.
The Occupational Safety and Health Regulations prescribed
by the Occupational Safety and Health Administration, United States
Department of Labor.
A street opening permit.
A person, either natural or created by law, to whom a permit
has been granted.
The Borough of Rockaway.
The right-of-way of any municipal street, road, highway,
alley or other public thoroughfare or easement within the Borough.
The Superintendent of Public Works of the Borough.
Saturday and Sunday.
No person shall open, dig up, excavate or disturb
any street or any portion thereof within the Borough without first
having obtained a permit thereof in accordance with the provisions
of this article.
A person desiring to open, dig up, excavate
or disturb any street or portion thereof shall make written application
for a permit to do so to the Clerk on forms provided by the Clerk.
The application shall state the purpose of the proposed street opening
and the type and depth of the installation, if any, to be accomplished
and shall include a statement by the applicant agreeing to undertake
all work in accordance with the provisions of this article. The application
shall be accompanied by a detailed plan showing both the proposed
street opening and the proposed work to be undertaken and shall include
the estimated time of the job and the estimated time of completion
and any other information deemed necessary by the permitter.
A.
Upon receipt of an application for a permit, the Clerk
shall make a notation of the filing date and then submit the same
to the Superintendent of Public Works and the Borough Engineer.
B.
The Superintendent of Public Works and Engineer shall
determine if the application and plan have been properly and adequately
prepared and completed. If not so prepared and completed, both shall
be returned to the Clerk, who shall return the same to the applicant.
If properly and adequately prepared and completed, the Superintendent
of Public Works and the Engineer shall, within seven working days,
signify their disapproval or approval thereof upon the application
and return the application and plan to the Clerk, along with:
(1)
A statement of the amount of the cash deposit required by § 217-14A(1) herein.
(2)
A statement of the amount of the bond required by § 217-14A(2) herein.
C.
The Clerk shall execute and deliver the permit to the applicant when the applicant submits to the Clerk the cash deposit and the bond in the amounts fixed by the Engineer and Superintendent and the certificate of insurance required by § 217-14A(3) herein.
A.
The complete blocking of a street during street opening
work is expressly prohibited, unless approved by the Borough Engineer
or his designated representatives.
B.
Each opening shall be accomplished in accordance with:
(1)
Regulations adopted by resolution of the Mayor and
Council, as recommended by the Borough Administrator with the advice
of the Superintendent of Public Works and the Borough Engineer, as
may from time to time be amended or supplemented, and which shall
contain specifications and requirements for work necessary or incident
to street openings, including but not limited to:
(a)
Pavement cutting methods.
(b)
Backfilling methods and materials.
(c)
Disposal of excess excavated material.
(d)
Restoration of the surface of the land within
embankments.
(e)
Seeding of slopes and embankments.
(f)
Repair or replacement of disturbed, damaged
or destroyed roadway installations, utility lines, drainage or septic
systems and other property or improvements.
(g)
Methods and materials for temporary pavement
replacement.
(h)
Methods and materials for permanent pavement
replacement.
(2)
Regulations adopted by resolution of the Borough Council,
as recommended by the Borough Administrator with the advice of the
Chief of Police and Fire Chief, as may from time to time be amended
or supplemented, and which shall contain specifications and requirements
relating to the work from the standpoints of pedestrian and vehicular
traffic control and the general public safety, including but not limited
to:
(a)
Blasting.
(b)
Regulations concerning traffic flow.
(c)
Pedestrian safety.
(d)
Parking of contractor personnel vehicles, contractor's
work vehicles and storage of equipment.
(e)
Flagmen, as well as warning and traffic control
signs, barricades and devices.
(f)
Street accessibility to the passage of fire
apparatus, police vehicles, ambulances and other emergency or essential
equipment.
(3)
The advice and instructions of the Shade Tree Commission
as may be deemed appropriate by the Borough to any work which may
involve trimming, pruning or removal of trees or shrubs within the
right-of-way or the cutting of tree roots.
(4)
In the event that regulations are not promulgated,
the ordinary, reasonable and prudent requirements shall apply to all
work done.
C.
The permittee shall at all times and at his own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other means suitable for the purpose.
Where, in the protection of such property, it is necessary to enter
upon private property for the purpose of taking appropriate protection
measures, the permittee shall obtain written permission from the owner
of such private property for such purpose, unless such permission
cannot be obtained, in which event the permitter shall have the right
to waive this requirement. The permittee shall, at his own expense,
shore up and protect all buildings, walls, fences or other property
likely to be damaged during the progress of the excavation work and
shall be responsible for all damage to public or private property
or highways resulting from his failure to protect and carry out such
work. All construction and maintenance work shall be done in a manner
calculated to leave the area clear of earth and debris and in a condition
as nearly as possible to that which existed before such work began.
D.
The permittee shall conduct and carry out any excavation
work in such manner as to avoid unnecessary inconveniences and annoyances
to the general public and occupants of nearby property. In the performance
of the excavation work, the permittee shall take appropriate measures
to reduce to the fullest extent practicable noise, dust and unsightly
debris. The permittee shall not use heavy construction equipment between
the hours of 7:30 p.m. and 7:00 a.m. or on holidays or weekends, except
with the express written permission of the Superintendent of Public
Works or in the case of any emergency as herein otherwise provided,
nor otherwise disturb the sleep or repose of the occupants of neighboring
property.
E.
The regulations set forth in § 217-14 notwithstanding, the permittee shall be solely and fully responsible for the proper and adequate performance of all work and for providing proper and adequate safety measures and precautions promulgated by OSHA or any other federal, state or local agency. The permittee shall, and by the acceptance of the permit does agree to, indemnify the Borough as well as its agents, servants and employees against and save them harmless from any and all liability, damage, claims, suits, causes of action or other demands which may arise from or be occasioned by the street opening and all work or activity relating thereto, including any injury to person or persons and any damage to or destruction of property. Should any suit, action, claim or demand be brought against the Borough, the permittee, at his own cost and expense, shall immediately take charge of, handle and defend the same, upon and after being notified by the Borough of the suit, action, claim or demand, and failing such, the Borough may defend such action at the expense of the permittee and/or require the permittee to stop work on the project until such matter has been defended to the satisfaction of the Borough.
A.
A permit shall not be issued unless and until the
applicant has delivered to the Clerk:
(1)
A cash deposit, in accordance with a schedule of fees
established by the Borough Administrator with the advice of the Superintendent
of Public Works and Borough Engineer, sufficient to defray and satisfy
all expenses to the Borough for inspection fees and attendant cost.
If deemed necessary or advisable by the Superintendent of Public Works,
a full-time inspector may be assigned to the project, and the cash
deposit shall then include such item of cost.
(2)
A performance bond in the form of an irrevocable letter
of credit issued by a New Jersey bank or such other bond form as may
be approved by the Borough Attorney, in the amount fixed by the Borough
Administrator and Borough Engineer, which shall provide for the following
conditions:
(a)
That the work shall be performed in accordance
with the provisions of this article and with all regulations adopted
under it.
(b)
That when a street opening is made in the pavement
and/or shoulder, all restoration work shall be done in accordance
with standards established by the Superintendent of Public Works and
Engineer and be guaranteed against all failures which are the result
of defective material and/or poor workmanship furnished by the applicant
for a period of one year after the date of completion of final pavement
and/or shoulder restoration.
(c)
That when a street opening is made outside of
the pavement and shoulder area, all restoration work shall be guaranteed
against all failures which are the result of defective material and/or
poor workmanship furnished by the applicant for a period of one year
after the date of completion of the restoration.
(d)
That if, in the judgment of the Superintendent
of Public Works, any corrective work shall be done during the specified
guaranty period due to defects and/or failures which are the result
of defective materials and/or poor workmanship furnished by the applicant,
the applicant shall, upon receipt of notice, in writing, from the
Superintendent of Public Works and/or Engineer, complete such corrective
work in a good and workmanlike fashion within such reasonable time
as may be specified by the Superintendent of Public Works.
(3)
A certificate of insurance evidencing that the applicant
has obtained a comprehensive general liability policy, a workmen’s
compensation and employer’s liability policy and a commercial
automobile policy guaranteeing notification to the Borough of Rockaway
in the event of cancellation thereof. All of the policies shall be
subject to the approval of the Borough Attorney and shall name the
Borough of Rockaway as an additional named insured by endorsement
designating the specific project. The comprehensive general liability
policy shall have limits of at least $1,000,000 for each occurrence
and $2,000,000 general aggregate. The workers' compensation limits
shall be $1,000,000 for each accident, $1,000,000 disease-policy limit,
$1,000,000 disease, each employee. The commercial automobile policy
limit shall be a minimum of $1,000,000 for each accident.
[Amended 12-17-2007 by Ord. No. 24-07]
(4)
Any or all of the requirements set forth in this section
may be waived by the Borough Administrator with the advice of the
Superintendent of Public Works or Borough Engineer and with a duly
adopted resolution of the Mayor and Council.
B.
No work shall be performed under any permit unless
and until the permittee has complied with the provisions of N.J.S.A.
2A:170-69 et seq.[1] and Article 12 of the Fire Prevention Code on the use
of explosives, if and as applicable, and has delivered to the Clerk
a copy of the written notice of intention referred to in and called
for by N.J.S.A. 2A:170-69.4(b).[2]
C.
The balance, if any, of the cash deposit provided for in Subsection A(1) above, after completion of the work and after deducting the expenses therein specified, as well as any expenses which may have been incurred pursuant to Subsection A(1), shall be returned to the permittee upon a resolution duly adopted by the Mayor and Council. If the expenses exceed the cash deposit, the permittee shall forthwith pay the excess amount to the Borough. The permittee shall also pay and satisfy the cost of material testing, if and when such testing is ordered by the Superintendent of Public Works or the Engineer.
A.
Subsequent to the issuance of the permit, no change
or deviations from the work described in the application and plan
shall be permitted without the written approval of the Borough Engineer.
Any deviation from the original plan will require the permittee to
file an amended plan with the Clerk.
B.
If at any time work is not being performed in accordance
with the description thereof in the application and plan or with either
the provisions of this section or any regulations adopted hereunder,
the Superintendent of Public Works or his agent shall issue a stop
order to the permittee or the person actually in charge of the work
at the location thereof. Upon the issuance of the stop order, the
progress of the work shall cease until all matters have been corrected
and further work is authorized to proceed by the Superintendent of
Public Works or his agent.
C.
If, after notification by the Superintendent of Public
Works, the permittee fails to correct any violations of this article
or of any regulations promulgated hereunder, the Borough shall take
or have taken by others any and all corrective action deemed necessary,
and the cost thereof shall be borne by the permittee. Such action
shall in no way relieve the permittee of any responsibility and/or
liability.
The departments of the Borough of Rockaway shall
be exempt from this article.
The permittee shall not disturb any surface
monuments or hubs found on the line of excavation work until authorized
to do so by the Superintendent of Public Works or Borough Engineer.
All material excavated from the 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 Superintendent of Public Works shall have
the authority to require that the permittee haul the excavated material
to a storage site and then rehaul it to the trench site at the time
of backfilling. 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 permittee shall suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device which may be hazardous to
the safety and health of persons passing upon or near said site.
Property lines and limits or easements shall
be indicated on the plan of excavation and submitted with the application
for the permit, and it shall be the permittee's responsibility to
confine excavation work within these limits. Protective devices, such
as snow fences, shall be provided when required by the Superintendent
of Public Works or Engineer.
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. Upon
failure to do so, the work may be done by the Borough and the cost
thereof charged to the permittee.
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as it found them
or shall make such provisions for them as the Superintendent of Public
Works or Borough Engineer may direct. The permittee shall not obstruct
the gutter of any street but shall provide for free passage of surface
water.
Tunnels under pavement shall not be permitted
except by permission of the Superintendent of Public Works or Engineer.
Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
with rail, which shall be at least three feet wide and secured on
each side so that pedestrians can pass over at all times.
A street opening may be made without a permit
in cases of emergency, such as a broken gas main or other like event
which would endanger public life, health and safety, provided that
notice of the emergency and the necessity for the opening thereof
is immediately given orally to the Clerk, who in turn will notify
the Borough Engineer, the Superintendent of Public Works, the Chief
of Police, the Borough Administrator and/or the Fire Chief that written
application for a permit is made as soon thereafter as reasonably
can be done but, in any event, not later than the end of the next
succeeding day during which the Clerk's office is open for business
and that permanent repairs shall not be made without first obtaining
a permit hereunder.
The provisions of this article shall not be
construed as imposing on the Borough or any official or employee any
liability or responsibility for damage to any person injured by the
performance of any excavation work for which a permit is issued hereunder
nor shall the Borough or any official or employee thereof be deemed
to have assumed any liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
The enforcement officer of the Borough shall
be the Borough Administrator, unless otherwise designated by the governing
body. When a safety violation shall occur, the Borough Administrator,
the Superintendent of Public Works, the Chief of Police or Fire Chief
or the Borough Engineer shall have the authority to stop work until
the subject deficiency or safety hazard is corrected.
Any person who shall, after notice to abate
has been served upon said person, violate the provisions of this article
shall, upon conviction, be subject to the penalties set forth in the
Code of the Borough of Rockaway dealing with penalties not otherwise
set forth in a particular section of this article. Each such violation
shall constitute a separate and distinct violation for each day, if
said violation is left unabated.
[Added 4-9-2020 by Ord.
No. 03-20]
A.
Prior to the start of any paving or repaving work on any Borough
road, street or Borough-controlled right-of-way, the Director of Public
Works or the Borough Engineer shall notify each utility company, resident,
and business impacted by paving or repaving work of said work so any
excavations, trench and patch repairs may be completed before paving
is started. Such notice shall provide that no excavation permit shall
be issued for openings, cuts, or excavations in said street for a
period of two years from the date of such paving unless appropriate
pavement restoration requirements are met. The notice shall also provide
that applications for excavation permits for work to be done prior
to such paving or repaving shall be submitted promptly so that any
work may be completed not later than 90 days from the date of such
notification.
B.
During such two-year period, any permit issued to open, cut, or excavate in such a Borough road, street or Borough-controlled right-of-way shall require a road opening permit in accordance with § 217-11. Additionally, the Director of Public Works or the Borough Engineer shall ensure that any street opening on any Borough road, street or Borough-controlled right-of-way paved within two years is restored satisfactorily using appropriate pavement restoration methods to include milling and paving, infrared pavement restoration, or any other acceptable pavement restoration technology approved by the Borough Engineer.
C.
The distances of pavement restoration in either direction of the
opening will be determined by the Borough Engineer and Superintendent
of Public Works based on proximity to other Borough roads, streets
or Borough-controlled rights-of-way or utility concerns.
D.
Proof of insurance. Any contractor hired to perform a street or roadway
excavation in the Borough of Rockaway shall provide proof that it
is licensed and bonded within the State of New Jersey.
