[Amended 6-6-1966 by Ord. No. 875; 4-15-1974 by Ord. No.
1-74; 9-15-1980 by Ord. No. 25-80; 10-19-1981 by Ord. No. 38-81; 11-2-1987 by Ord. No. 18-87; 6-5-1989 by Ord. No. 16-89; 8-21-2012 by Ord. No. 17-2012]
As used in this chapter, the following terms shall have the
meanings indicated:
Any permanently uncovered or grating-covered opening below
the surface of a street.
Any person applying to the Building, Housing and Land Use
Department for an excavation permit hereunder. If the applicant is
a contractor who will be performing the excavation work on behalf
of another party, the contractor shall be a coapplicant, and the party
on whose behalf the work is being performed shall be the applicant.
[Added 12-8-2020 by Ord. No. 49-2020]
The person appointed to the position of City Engineer, or
any person authorized to act as his or her representative.
[Added 12-8-2020 by Ord. No. 49-2020]
The person appointed to the position of City Manager, or
any person authorized to act as his or her representative.
[Added 12-8-2020 by Ord. No. 49-2020]
Any vertical shaft not exceeding 25 square feet in gross
cross-sectional area opening through the surface of a street, together
with an approved cover for the same.
A break to any public utility or any imminent situation which
may result in harm to the public's health or damage to public or private
property.
[Added 12-8-2020 by Ord. No. 49-2020]
Any work or action necessary at the site of an emergency
to restore or deliver essential services including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
[Added 12-8-2020 by Ord. No. 49-2020]
The digging, displacing, undermining, opening, boring, tunneling,
auguring or in any manner breaking up of any improved or unimproved
road, street, curb, sidewalk, gutter or other public property in any
roadway or any portion of a City right-of-way.
[Added 12-8-2020 by Ord. No. 49-2020]
Any shaft or opening through the surface of a street utilized
for mechanical conveyance of goods, together with an approved cover
for the same.
A paving restoration method utilizing infrared heat to properly
restore existing asphalt.
[Added 12-8-2020 by Ord. No. 49-2020]
Common unit of English measurement used to determine openings
in City roads, equal to 12 inches.
[Added 12-8-2020 by Ord. No. 49-2020]
Security in the form of either a bond, letter of credit or
a certified check posted by an applicant or coapplicant to guarantee
proper maintenance of the reconstruction of the site of any road opening
for a period of two years after final acceptance.
[Added 12-8-2020 by Ord. No. 49-2020]
The current Manual on Uniform Traffic Control Devices, issued
by the United States Department of Transportation.
[Added 12-8-2020 by Ord. No. 49-2020]
Security, in the form of either a bond, letter of credit
or a certified check, posted by an applicant or coapplicant to guaranty
completion of the work in accordance with the City Code.
[Added 12-8-2020 by Ord. No. 49-2020]
Any person who has been granted and has in full force and
effect a permit issued hereunder.
[Added 12-8-2020 by Ord. No. 49-2020]
Any person, firm, partnership, association, corporation,
municipality, company, or organization of any kind.
[Added 12-8-2020 by Ord. No. 49-2020]
Any property or place dedicated to public use.[1]
Any street, avenue, boulevard, road, alley, highway, sidewalk,
curb, or other property, or easement that is owned, leased, or controlled
by a governmental entity.
[Added 12-8-2020 by Ord. No. 49-2020]
One- and two-family homes. Does not include any other multifamily
development or redevelopment.
[Added 12-8-2020 by Ord. No. 49-2020]
That portion of a street set apart for the use of vehicular
travel or as a parkway and which is included between the gutter and
curblines.
That portion of a street other than the roadway, normally
between the curb and the property line of the street.
Any permanent opening through the surface of a street for
descending to a cellar or basement, together with an approved sidewalk
cellar door as a cover.
The surface area of the opening made in the City roadway,
right-of-way or property by the permit applicant. It shall be the
product of the length and width of the opening measured in feet. In
case of irregular openings, the City may, at its sole discretion,
choose to average the length and/or width.
[Added 12-8-2020 by Ord. No. 49-2020]
The full width of the area dedicated to public use, extending
from one side of a property line to the other side of the property
line, including gutters, curbs and sidewalks, of any public street,
avenue, road, alley, lane, boulevard, concourse, driveway, culvert
or bridge.
A public utility regulated by the New Jersey Board of Public
Utilities, including but not limited to gas, electric, telegraph,
telephone, fiber optic, cable, wireless, water, railway or railroad
company or other utility company, whether private or public, serving
the public generally.
[Added 12-8-2020 by Ord. No. 49-2020]
Any covered opening below the surface of a street, except
areaways, coalhole shafts, manhole shafts, hoistways or sidewalk cellar
entrances.
Every device in, upon or by which a person or property is
or may be transported upon a street, except a device moved by human
power or used exclusively upon stationary rails or tracks.
[1]
Editor's Note: The definition of "public utility corporation,"
which immediately followed this definition, was repealed 12-8-2020 by Ord. No. 49-2020.
Unless otherwise specified in this chapter, provisions of this
chapter shall be enforced and administered by the Building, Housing
and Land Use Department of the City under the supervision and direction
of the Construction Official and such deputies or assistants as provided
for from time to time by the City Council.
Detailed permit and license applications shall be kept on file
at the office of the Building, Housing and Land Use Department until
such time as the structures or conditions or operations to which the
said applications appertain are destroyed or cease to exist.
The appropriate licensing or enforcing authority is hereby authorized
to promulgate from time to time rules and regulations governing or
conditioning the practices regulated under this chapter.
A.Â
Notices of violation of any provision of this chapter shall be issued
by the Construction Official or a designee of the Building, Housing
and Land Use Department and shall have his or her name affixed thereto.
Such notice shall contain a brief statement of the violation charged
and shall direct the person charged with the violation or his agent
to remove or correct the violation forthwith.
[Amended 12-8-2020 by Ord. No. 49-2020]
B.Â
The notice may be served upon the person charged with the violation
and who resides in the City, in person or by leaving it at his usual
place of residence with a member of his family above the age of 14
years. If the person charged with the violation shall not reside in
the City, then the notice may be served upon him personally or mailed
to his last known residence or business post office address, or if
a premises or structure is involved, it may be served upon the occupant
of said premises or structure or upon the agent or owner in charge
thereof. If service cannot for any reason be made as above provided,
notice may be served by affixing the same in a conspicuous place on
the property where the violation exists and by mailing a copy to the
person charged with the violation at his last known business or residence
address. In any case where mailing is required, if no residence or
business address can be ascertained by the Building, Housing and Land
Use Department after reasonable diligence, such mailing may be dispensed
with, and upon an affidavit of inquiry, the notice of violation shall
be deemed served.
C.Â
Any orders authorized by this chapter to be made or issued by the
Building, Housing and Land Use Department shall be served in like
manner as notices of violation are required to be served hereunder.
A.Â
Permits required by this chapter shall be by the Building, Housing and Land Use Department in accordance with the provisions of Chapter 107, Licenses and Permits.
B.Â
In addition to the requirements of § 107-6B of Chapter 107, the application for any permit issued under this chapter shall contain a complete description of the structure, premises or location involved and such other information as the Building, Housing and Land Use Department shall deem necessary.
[Amended 12-8-2020 by Ord. No. 49-2020]
A.Â
The following fees shall be charged for the various licenses and
permits issued under this chapter or special services provided by
the City, and are subject to the conditions set forth herein:
(1)Â
Application
fees are nonrefundable regardless of approval status.
(2)Â
All
review fees are nonrefundable upon the start of a review by the City
or its representatives and are calculated in accordance with the Fee
Schedule. If a review mandates numerous revisions and coordination
with the City, an additional fee can be requested by the City.
(3)Â
Inspection
fees are established by the City in accordance with the Fee Schedule
and are based on project disturbance and construction duration. Inspection
fees are only required for utility companies and commercial/multifamily
developments that have not gone before the City Land Use Board for
approval of opening.
[Amended 6-14-2022 by Ord. No. 28-2022]
(4)Â
All
roadway fees include all features in the right-of-way. A separate
sidewalk/curb or driveway fee is not required for roadway openings
that also impact curbing and sidewalks.
(5)Â
Fees
based on square footage are in reference to the square footage of
the total excavation (length times width) with a minimum width and
a minimum length of three feet to be used in all calculations.
(6)Â
Storing
of building materials in the street or public place, for each 25 square
feet or fraction thereof of area, for each thirty-day period or fraction
thereof: $150.
(7)Â
Tree
planting, if done by the City, per tree: $125 minimum; final cost
determined by type of tree to be planted.
[Amended 6-14-2022 by Ord. No. 28-2022]
(8)Â
Street
sweeping, public streets adjacent to construction sites: $175 per
hour.
(9)Â
Endorsement
of an application to the County of Bergen or the New Jersey Department
of Transportation for a utility opening in a county or state highway:
$50. The entire amount of the above fee shall be nonrefundable, retained
by the City to cover the cost of necessary clerical and inspection
service.
|
Fee Schedule
[Amended 6-14-2022 by Ord. No. 28-2022] | ||
|---|---|---|
|
Fee Type
|
1- or 2- Family Residential
|
Commercial/Multifamily and Utility Companies
|
|
Excavation within Public Right-of-Way
| ||
|
Application fee
|
$100
|
$250
|
|
Review fee
|
$100/opening
|
<50 SF: $250
|
|
51 SF to 200 SF: $500
| ||
|
201 SF to 1,000 SF: $1,000
| ||
|
>1,000 SF: $1,000 + $0.50/SF over
| ||
|
Inspection fee
|
$200
|
$125/hour (2-hour minimum)
|
|
Borings/Monitoring Wells/Geo Probes
| ||
|
Application fee
|
$250
|
$250
|
|
Review fee
|
$150 per boring/well/probe
|
$150 per boring/well/probe
|
|
Inspection fee
|
$125/hour (2-hour minimum)
|
$125/hour (2-hour minimum)
|
|
Bond fee
|
$5,000 for up to 2 borings
|
$5,000 for up to 2 borings
|
|
$1,000 each additional boring
|
$1,000 each additional boring
| |
