[Adopted 4-22-1974 as part of Ord. No. 792 (Ch. XIX, Sec. 19-1, of the 1971 Revised General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough as a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
The Superintendent of Public Works of the Borough.
[Amended 12-8-2021 by Ord. No. 1865]
A.
No person shall tear up or excavate any street maintained
by the Borough for any purpose without first obtaining a written permit
from the Director of the Department of Public Works. Such permit shall
state the location and purpose of the excavation and that it is granted
on condition that the person to whom it is issued shall fill in the
excavation and restore the road surface to the satisfaction of the
Borough. No such permit shall be issued unless the applicant shall
pay a fee of $100 for the first square foot for a residential road
opening permit, or a fee of $250 for the first square foot for a public
utility road opening permit, and in the case of both residential and
public utility road opening permits, the applicant shall pay an additional
amount of $25 for each additional square foot. In addition to such
fee, the applicant shall make a cash deposit or, at the Borough's
option, give a bond to the Borough in the sum of a minimum of $1,000
for up to the first square foot plus $25 for each square foot thereafter,
with such surety as may be approved by the Borough Attorney, conditioned
for the filling in of the excavation and restoration of the road surface
to the satisfaction of the Borough, or for the payment of all expenses
of doing such work upon certification by the Director of the Department
of Public Works of the cost thereof. All restoration of the street
excavation must be done in accordance with guidelines provided by
the permit and must be approved the Borough engineer and/or the Director
of the Department of Public Works.
B.
A tunnel or excavation may be commenced without a
permit where an emergency has arisen which makes it necessary to start
work immediately, provided that the application for a permit is made
simultaneously with the commencement of the work or as soon thereafter
as is practical. When issued, the permit shall be retroactive to the
date on which the work was begun.
C.
The Department
of Public Works shall issue permits to other governmental bodies and/or
governmental entities without fee.
D.
The provisions
of this subsection shall also apply to public service corporations
having franchises to maintain pipes, tracks, or other works on or
under the streets of the Borough as to all other persons.
E.
There shall be a five-year moratorium on the issuance
of road opening permits for newly paved streets. Exceptions shall
be granted for utility emergencies or road openings that impact the
safety and welfare of property owners (e.g., electric service to a
new home). Any emergency work or undue hardship shall be approved
by the Administrator or their designee.
(1)
If
an exception is granted during the moratorium period, the applicant
shall be responsible for limiting the area of disturbance, saw-cutting
all excavations, and restoring the trench to its original condition,
including, but not limited to, the pavement, surface treatments, and
striping.
(2)
The
Administrator or their designee may require a larger area of the roadway
to be restored to avoid trench marks across the roadway. This will
be done in a manner that creates a rectangular patch across the entire
width of the roadway.
(3)
The
initial fees for opening a road within its moratorium are as follows:
(a)
Opening zero to one year before expiration of moratorium: $500.
(b)
Opening one to two years before expiration of moratorium: $,1000.
(c)
Opening two to three years before expiration of moratorium: $1,500.
(d)
Opening three to four years before expiration of moratorium: $2,000.
(e)
Opening four to five years before expiration of moratorium: $2,500.
(f)
In addition, there will be a fee of $25 per square foot to open a
road within its moratorium.
(4)
The
Borough shall have the option to require a bond in the sum of a minimum
of $1,000 for up to the first square foot plus $25 for each square
foot thereafter, with such surety as may be approved by the Borough
Attorney, conditioned for the filling in of the excavation and restoration
of the road surface to the satisfaction of the Borough, or for the
payment of all expenses of doing such work upon certification by the
Director of the Department of Public Works of the cost thereof.
(5)
All
restoration must be done in accordance with specifications provided
in the permit.
(6)
In
the event that restoration work is not completed within 30 days of
the job completion, fines will be doubled.
(7)
Any
party who is responsible for a road opening shall also be responsible
for any and all public safety costs associated with the said opening,
including but not limited to traffic and/or road closures.
(8)
The
Borough reserves the right to assess any additional fees and costs
for a road opening depending upon the specific matter presented to
the Borough; as such, the foregoing costs shall be not limited to
those set forth in this section.
The Superintendent is authorized to refuse the
issuance of any permit if such refusal is in the interest of public
safety, public convenience or public health. If a permit is refused
by the Superintendent, an appeal may be taken to the Council. After
hearing the applicant and the Superintendent and other evidence as
may be produced, the Council may either direct the issuance of such
permit or sustain the refusal of the Superintendent.
Application for a permit shall be made to the
Division of Public Works and contain the following information:
A.
The name and address of the applicant.
B.
The name of the street where the opening is to be
made and the street number, if any, of the abutting property.
C.
The Borough tax map block and lot number of the property
for the benefit of which the opening is to be made.
D.
The nature of the surface in which the opening is
to be made.
E.
The character and purpose of the work proposed.
F.
The time when the work is to be commenced and completed.
G.
The name and address of the workman or contractor
who is to perform the work.
H.
A statement that the applicant agrees to replace at
his or her own cost and expense the street, curb, gutter and sidewalk
in the same state and condition in all things as they were at the
time of the completion of the work within 48 hours of the commencement
of the same.
I.
Each application shall be accompanied by a set of
plans in quadruplicate showing the exact location and dimensions of
all openings.
Permits shall be issued under the authority
of the Superintendent and in accordance with the provisions of this
article and the regulations which the Superintendent may establish.
The Superintendent shall determine the initial time limit during which
the permit shall be valid.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation or tunnel is to be made, the dimensions of the opening
and the period during which the permit shall be valid. The original
of each permit shall remain on file with the Division of Public Works.
[Amended 9-28-1997 by Ord. No. 1291; 12-8-2021 by Ord. No. 1865]
Fees shall be paid when the application is made. The applicant shall be charged a fee as provided in this chapter and Chapter 101, Fees, for each permit.
A.
No permit shall be issued until the applicant has
filed a bond in an amount determined to be sufficient by the Superintendent.
The Superintendent may waive the requirements of this section in the
case of a public utility upon the presentation of satisfactory proof
that it is capable of meeting any claims against it up to the amount
of the bond which would otherwise be required. The bond shall be executed
by the applicant as principal and a surety company licensed to do
business in the State of New Jersey as surety and shall be conditioned
as follows:
(1)
To indemnify and hold harmless the Borough for all
loss, damage, claim or expense, including expenses incurred in the
defense of any litigation arising out of injury to any person or property
resulting from any work done by the applicant under the permit.
(2)
To indemnify the Borough for any expense incurred
in enforcing any of the provisions of this article.
(3)
To indemnify any person who sustains personal injuries
or damage to his or her property as a result of any act or omission
of the applicant, his or her agents, employees or subcontractors done
in the course of any work under the permit.
B.
The bond shall also be conditioned upon the applicant's
restoring the surface and foundation of the street for which the permit
is granted in a manner acceptable to the Division of Public Works.
C.
One bond may be accepted to cover a number of excavations
by the same applicant. Bonds shall remain in force for a period to
be determined by the Division of Public Works.
No permit shall be issued until the applicant
has furnished the Division of Public Works with satisfactory proof
that he or she is insured against injury to persons and damage to
property caused by any act or omission of the applicant, his or her
agents, employees or subcontractors done in the course of the work
to be performed under the permit. The insurance shall cover all hazards
likely to arise in connection with the work, including but not limited
to collapse and explosion, and shall also insure against liability
arising from completed operations. The limits of the policy of insurance
shall be $100,000 for injury to any one person, $300,000 for injuries
to more than one person in the same accident and an aggregate of $100,000
for property damage for a single incident. The Superintendent may
waive the requirements of this section in the case of public utilities
upon the presentation of satisfactory proof that it is capable of
meeting claims against it up to the amount of the limits of the insurance
policy which would otherwise be required.
All permits issued under this article shall
be subject to the following rules and regulations:
A.
All excavations shall be kept properly barricaded
at all times and during the hours of darkness shall be provided with
proper warning lights. This regulation shall not excuse the permittee
from taking any other precaution reasonably necessary for the protection
of persons or property.
B.
All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No street
shall be closed to traffic unless the closing is approved by the Chief
of Police. The Police Department shall be informed of all street closings
at least 24 hours in advance, except where the work is of an emergency
nature, when notice shall be given to the Police Department when work
commences.
C.
The Superintendent may, upon application by the permittee,
extend the time limit during which the permit shall be valid.
D.
All refuse and material shall be removed within 48
hours.
E.
All excavations shall be completely backfilled by
the permittee and shall be compacted by tamping or other suitable
means in a manner prescribed by the Division of Public Works. Where
the Division of Public Works determines that the excavated material
is unsuitable for backfill, the permittee shall backfill the excavation
with sand, soft coal, cinders or other suitable material, which shall
be placed in layers not exceeding six inches in depth and thoroughly
compacted in the manner prescribed by the Division. Upon completion
of the work, the permittee shall remove any excess material and leave
the premises in a clean condition. If the Division determines that
any backfilled excavation has settled or caved in, it shall so notify
the permittee, who shall promptly continue backfilling until the Division
determines that settlement is complete.
F.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
10 parts sand.
G.
If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
H.
If the work is not completed within the time specified
in the permit or any extension granted by the Division of Public Works
or is not performed in accordance with the regulations set forth in
this section and any other regulations that may be established by
the Division of Public Works, then the Division may complete the work
itself and restore the surface of the street. The cost of completing
the work and restoring the street shall be charged to the permittee
and may be deducted from his or her deposit or recovered by an action
in any court of competent jurisdiction.
In all cases, the permittee shall restore the
surface of the street in accordance with the following rules, regulations
and requirements:
A.
No permittee shall commence the restoration of any
street foundation or surface until the Division of Public Works has
determined that settlement of the subsurface is complete and the area
properly prepared for restoration.
B.
The street surface shall be restored so as to extend
six inches beyond the excavation on all sides.
C.
The street surface shall be restored to the satisfaction
of the Superintendent.
A.
Transferability. A permit shall apply only to the
person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 45 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate
unless extended, in writing, by the Superintendent.
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the Superintendent,
shall be kept in possession of the person actually performing the
work and shall be exhibited on demand to any duly authorized employee
of the Division of Public Works or to any police officer of the Borough.
D.
Revocation of permit.
(1)
The Superintendent may revoke a permit for any of
the following reasons:
(a)
Violation of any provision of this section or
any other applicable rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on work under the permit in a manner
which endangers life or property or which creates any condition which
is unhealthy, unsanitary or declared by any provision of this Code
to constitute a nuisance.
(2)
The procedure for revoking a permit shall be the same
as that set forth in this Code for the revocation of licenses, except
that the initial hearing shall be before the Superintendent with a
right of appeal to the Council. The Superintendent may provide in
his or her decision that the revocation shall not become effective
if the permittee corrects the violation within a specified period
of time.
E.
Modification of permit conditions. In a special case,
the Council may by resolution impose special conditions to which the
issuance of the permit may be subject or may decide that any provision
of this section shall not apply or shall be altered.
The Superintendent may make any rules and regulations
which he or she considers necessary for the administration and enforcement
of this article, but no regulation shall be inconsistent with, alter
or amend any provision of this article or impose any requirement which
is in addition to those expressly or by implication imposed by this
article. No regulations shall be effective unless they are approved
by resolution of the Council. Copies of all current regulations shall
be furnished to each permittee at the time of the issuance of the
permit.
[Added 9-28-1997 by Ord.
No. 1291]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by any combination of the following: a fine not exceeding $1,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days.
