As used in this article, the following terms shall have the meanings indicated:
- A person applying for a permit hereunder.
- BOROUGH CLERK
- The Borough Clerk of the Borough or representative designated by the Borough Manager.
- CHIEF OF POLICE
- The Chief of Police of the Borough.
- DIRECTOR OF PUBLIC WORKS
- The Director of Public Works of the Borough or representative designated by the Borough Manager.
- Any day designated as such by the State of New Jersey or the Borough of Mountain Lakes.
- INSPECTION FEE
- The cost of supervising and inspecting the work by the Director of Public Works or his representative at prevailing per diem rates on file with the Borough Clerk.
- OPEN, OPENING or STREET OPENING
- 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 health and safety regulations prescribed by the Occupation Health and Safety Administration, United States Department of Labor.
- A street opening permit.
- A person to whom a permit has been granted.
- The right-of-way of any municipal street, road, highway, alley or other public thoroughfare or easement within the Borough.
- Saturday and Sunday.
No person shall open a street within the Borough for any purpose without first having obtained a permit therefor in accordance with the provisions of this article.
[Amended by Ord. No. 13-96; Ord. No. 9-97]
No person shall open any street or public place in the Borough for any purpose whatsoever without first having submitted a written application on forms provided by the Borough Clerk and obtained a written permit from the Borough Clerk authorizing the same.
The fee for such a permit shall be as provided for in § 111-3C. A public utility shall be exempt from the permit fee but shall be required to post a single bond annually to cover all work done by it within the Borough. The amount of the bond posted shall be fixed by the Borough Manager in such amount as shall be reasonably related to the amount of the work done by such public entity annually within the Borough.
The permit application shall state the purpose of the proposed street opening, 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 and with all regulations which may be adopted under this article. The application shall be accompanied by a detailed plan showing both the proposed street opening and the proposed work to be undertaken.
In addition to the standard street opening permit fee, there shall be a sliding scale fee for any permits issued for street openings in recently improved streets. The sliding scale fee shall be as provided for in § 111-3C. The applicable sliding scale fee shall be based on the street improvement completion date as certified by the Borough Manager, Director of Public Works or Borough Engineer.
Upon receipt of an application for a permit, the Borough Clerk shall make a notation of the filing date and then submit the same to the Director of Public Works for a review.
The Director of Public Works 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 Borough Clerk, who shall return the same to the applicant. If properly and adequately prepared and completed, the Director of Public Works shall, within 14 calendar days, signify his disapproval or approval thereof upon the application and return the application and plan to the Borough Clerk along with:
The Borough Clerk shall execute and deliver the permit to the applicant if and when the applicant submits to the Borough Clerk the cash deposit and the bond in the amounts fixed by the Borough Manager, with the advice of the Director of Public Works, and the certificate of insurance required by § 204-11A(3).
The complete blocking of a street during street opening work is expressly prohibited, unless approved by the Borough Manager or his designated representative. Whenever feasible to do so, installation shall be driven or bored under the street and the street thus not excavated. The permittee shall provide the Borough Manager, Department of Public Works, and Police Department/Fire Department with a complete list of emergency telephone numbers of all contractors and subcontractors.
Each street opening shall be accomplished in accordance with:
Regulations adopted by resolution of the Borough Council, as recommended by the Borough Manager with the advice of the Director of Public Works, 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:
Pavement cutting methods.
Backfilling methods and materials.
Disposal of excess excavated material.
Restoration of the surface of the land within embankments.
Seeding of slopes and embankments.
Repair or replacement of disturbed, damaged or destroyed roadway installations, utility lines, drainage or septic systems and other property or improvements.
Methods and materials for temporary pavement replacement.
Methods and materials for permanent pavement replacement.
Regulations adopted by resolution of the Borough Council as recommended by the Borough Manager, with the advice of the Chief of Police and Fire Chief, as may, from time to time, be amended or supplemented, 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:
Regulations concerning traffic flow.
Parking of contractor personnel vehicles and storage of equipment.
Flagmen, as well as warning and traffic control signs, barricades and devices.
Street accessibility to the passage of fire apparatus, police vehicles, ambulances, and other emergency or essential equipment.
The advice and instructions of the Environmental Commission, with which the applicant shall consult whenever any work shall or may involve drainage, stream encroachment, surface water runoff or sedimentation, and the Shade Tree Commission as 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, as may be required by the Borough Manager.
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 protective measures, the permittee shall obtain written permission from the owner of such private property for such purpose. 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.
The permittee shall conduct and carry out any excavation work in such a manner as to avoid unnecessary inconveniences and annoyance 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 7:00 p.m. and 7:00 a.m., or on holidays or weekends, except with the express written permission of the Director of Public Works, or in the case of any emergency as herein otherwise provided, nor otherwise disturb the sleep or repose of occupants of the neighboring property.
The regulations set forth in this section 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 at all 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.
A permit shall not be issued unless and until the applicant has delivered to the Borough Clerk:
A cash deposit, in accordance with a schedule of fees established by the Borough Manager with the advice of the Director of Public Works, sufficient to defray and satisfy all expenses to the Borough for inspection fees and attendant cost. If deemed necessary or advisable by the Director of Public Works, a full-time inspector may be assigned to the project and the cash deposit shall then include such item of cost; and
A performance bond, in an amount fixed by the Borough Manager with the advice of the Director of Public Works, which shall provide for the following conditions:
That the work shall be performed in accordance with the provisions of this article and with all regulations adopted under it.
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 Director of Public Works 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.
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.
That if, in the judgment of the Director 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 Director of Public Works, complete such corrective work in a good and workmanlike fashion within such reasonable time as may be specified by the Director of Public Works.
A certificate of insurance evidencing that the applicant has obtained a comprehensive general liability insurance policy, a workmen's compensation and employer's liability policy, and a comprehensive automobile insurance policy and guaranteeing notification to the Borough in the event of cancellation thereof. All of the policies shall be subject to approval of the Borough Manager with the advice of the Director of Public Works and shall name the Borough as an additional insured. The comprehensive general liability and automobile insurance policies shall have limits of at least $1,000,000 for bodily injury to each person, $2,000,000 in the aggregate for each accident, property liability of $250,000 for each accident and $1,000,000 aggregate property damage.
Any or all of the requirements set forth in Subsection A may be waived by the Borough Manager with the advice of the Director of Public Works upon evidence that they have otherwise been satisfactorily met.
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., and Article 12 of the Fire Prevention Code, on the use of explosives, if and as applicable, and has delivered to the Borough 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) and Article 12 of the Fire Prevention Code.
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 § 204-12C, shall be returned to the permittee. 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 Director of Public Works.
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 Director of Public Works. Upon completion of the work, the permittee shall file a plan with the Borough Clerk showing in full detail the work actually done with the approval of the Director of Public Works.
If at any time the work is not being performed in accordance with the description thereof in the application and plan, or with either the provisions of this article or any regulations adopted hereunder, the Director of Public Works 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 Director of Public Works.
If, after notification by the Director 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.
No permittee shall suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and be hazardous to their safety and health.
The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until authorized to do so by the Director of Public Works.
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 Director of Public Works shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul 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.
Property lines and limits or easements shall be indicated on the plan of excavation, 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 Director of Public Works.
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. From time to time as may be ordered by the Director of Public Works, and in any event immediately after completion of the work, the permittee shall at his own expense clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within 24 hours after having been ordered to do so by the Director of Public Works, the work may be done by the Borough and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof.
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 Director of Public Works may direct. The permittee shall not obstruct the gutter of any street but shall provide for free passage of surface water. All work shall be in conformance with the provisions of Chapter 102, Article V, Surface Water Management, and Article IV, Soil Erosion and Sedimentation Control.
Tunnels under pavement shall not be permitted except by permission of the Director of Public Works.
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.
Anything hereinbefore stated in this article notwithstanding, 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 Borough Clerk, the Director of Public Works, the Chief of Police 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 Borough Clerk's office is open for business, and that permanent repairs shall not be made without first obtaining a permit hereunder.
The provision 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 for the Borough shall be the Director of Public Works, unless otherwise designated by the Borough Council. When a safety violation shall occur, the Borough Manager, Director of Public Works, Chief of Police and Fire Chief shall have the authority to stop work until the subject deficiency or safety hazard is corrected.