[Adopted 12-15-1971 by Ord. No. 634R]
[Amended 5-13-1999 by Ord. No. 99-11R; 12-28-1999 by Ord. No.
99-25R]
A.
The provisions of this chapter shall not apply when
special permission is granted by the Mayor and Council to a property
owner to construct sewers or to perform street improvement work at
the owner's cost and expense.
B.
Nothing in any provision of this chapter shall be
construed as requiring the issuance of a permit for the performance
of any work done on any county or state road, or under a contract
with the Borough.
C.
Nothing in this chapter shall be construed as impairing
or abrogating any rights heretofore granted by the Borough.
No person, company, firm or corporation shall
remove, dig into, disturb, excavate or take up, or cause or procure
to be removed, disturbed, excavated or dug up, the surface of any
public street, lane, alley, court, sidewalk or other public place
or any pavement therein which is under the control of the Borough
of Fanwood without first having obtained and being in possession of
a valid, written permit to do so. It shall be the duty of the Borough
Clerk to grant such a permit when all the requirements for granting
the same have been complied with by the applicant, and any such permit
may be revoked by the Borough Clerk at any subsequent time if the
applicant does not continue to comply with the requirements of this
article. At the discretion of the Borough Clerk, the separate permit
required for each opening may be waived in the case of a public utility
making numerous openings and shall not be required for the installation
of utility poles or guy wires. The application and the issuance of
the permit shall be in the name of the party actually doing the work,
except in the case of public utilities who have posted a bond with
the Borough.
All applicants for permits shall give at least
48 hours' notice in writing to the Borough Clerk, specifying the place,
kind, and approximate size of the excavation or work and the time
required to do the work, except in cases of emergency such as the
breaking of a public utility, in which case such notice shall be given
to said Borough Clerk as soon as possible.
[Amended 12-28-1999 by Ord. No. 99-25R]
The applicant, before being issued a permit
under this chapter, shall agree in writing as part of the application
to indemnify and save harmless the Borough from and against all loss,
cost, or damages incurred by reason of any damage to any property,
injury to any person, or any loss of life resulting from any negligence
of the applicant, its agents, and/or servants, in performing the work
covered by the permit, and the Borough in issuing said permit disclaims
any liability in connection therewith. The Borough's inspection is
solely for the purpose of insuring that existing facilities are restored
so that the Borough will not have the financial responsibility of
replacing said facilities.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
Before any permit is granted, the applicant shall
make a payment to the Borough Clerk in the sum of $40 for each and
every proposed opening. This payment is a fee to cover the nominal
cost of issuing the permit and is not returnable to the applicant.
[Amended 11-11-2008 by Ord. No. 08-18R; 7-2-2018 by Ord. No. 18-08R]
B.
In addition to the above fee, the applicant also shall
deposit with the Borough Clerk amounts in accordance with the following
schedule. In the event more than one of these fees are applicable,
the applicant shall deposit the aggregate of the fees:
[Amended 11-11-2008 by Ord. No. 08-18R]
(1)
For each and every proposed opening, the sum of $150
to guarantee reimbursement to the Borough of the actual cost of the
required inspection.
(2)
For proposed openings to be made in flexible and/or
rigid base pavement, the sum of $75 for each square yard of pavement
or fraction thereof to be disturbed, up to a total of five square
yards.
(3)
For any proposed opening to be made in any paved area,
a minimum deposit of $300 shall be required.
(4)
For any proposed opening disturbing more than five
square yards of pavement, the deposit shall be such sum as the Borough
Engineer shall deem to be reasonable under the circumstances.
C.
In addition to the amounts required to be paid pursuant
to Subections A and B above, the applicant shall be responsible to
pay for the initial inspection by the Borough Engineer the sum of
$150 and for each reinspection required the sum of $100.
[Amended 11-11-2008 by Ord. No. 08-18R]
D.
Payments and deposits shall be made to the Borough
Clerk payable to the Borough by certified check or bank check.
E.
F.
If a depositor does not request a refund within five
years of the issuance of the permit, the funds shall be turned over
to the Treasurer of the Borough and become a part of the funds of
the Borough.
Such permit shall be valid for 30 days unless
an extension of time is granted to the permittee, in writing, by the
Borough Engineer.
The applicant shall comply with the following
rules and regulations:
A.
The applicant must notify the Borough Clerk and the
Fanwood Police Department at least 24 hours in advance of the exact
time of starting the work on all excavations.
B.
Written permission to close a road to traffic must
first be secured from the Borough Clerk and the Fanwood Police Department,
and such permission shall only be valid for the time specified. Such
written approval may require the permittee to give notification of
such closing to various public agencies and to the general public.
C.
The applicant shall keep all road openings properly
guarded at all times for the safe passage of all traffic.
D.
All openings shall be covered or filled overnight
unless permission is obtained from the Borough Clerk and the opening
is adequately protected. In the case of public utilities, the required
permission is waived.
E.
Warning measures.
(1)
It shall be the duty of every person, cutting or making
an excavation in or upon any public place, to place and maintain barriers
and warning devices necessary for the safety of the general public.
Barriers, warning signs, lights, etc., shall conform to the requirements
of the Fanwood Police Department. Warning lights shall be electrical
markers or flashers which shall be used to indicate a hazard to traffic
from sunset of each day to sunrise of the next day. Electric markers
or flashers shall emit light at sufficient intensity and frequency
and be visible at a reasonable distance for safety. Reflectors or
reflecting material may be used to supplement, but not replace, light
sources.
(2)
The permittee shall take appropriate measures to insure
that, during the performance of the excavation work, traffic conditions,
as near normal as possible, shall be maintained at all times so as
to minimize inconvenience to the occupants of the adjoining properties
and to the general public.
(3)
Warning signs shall be placed far enough in advance
of the construction operation to alert traffic in a public street,
and cones or other approved devices shall be placed to channel traffic
in accordance with the instructions of the Fanwood Police Department.
F.
The applicant shall open no greater part of such road
than shall be reasonably necessary.
G.
Any road when opened and excavated shall be promptly
backfilled and restored.
H.
In the case of utility work undertaken by a public
or private utility, which work involves placing new or repair of existing
utility infrastructure such as gas lines, water lines, electrical
lines and sewer lines, where the area to be trenched is greater than
50 linear feet, upon completion, after a sixty-day trench settling
period but not later than 120 days after the pipe installation, or
within a reasonable amount of time as determined by the Borough Engineer,
the permittee shall mill and repave the entire pavement surface from
edge to edge or curb to curb for the full length of the excavation,
in accordance with the specification of the Borough Engineer.
[Amended 7-2-2018 by Ord.
No. 18-08R]
I.
Installations shall be in sidewalk areas where possible,
and all conduits shall be placed by boring or jacking wherever feasible.
J.
Permission to cross bridges, culverts, or other drainage
structures must first be obtained from the Union County Engineer or
from the Borough Engineer of the Borough of Fanwood before a road
opening permit is issued.
[Amended 12-28-1999 by Ord. No. 99-25R]
No permit for street opening shall be issued
until the applicant has placed on file with the Borough Clerk satisfactory
evidence of public liability insurance and general commercial liability
in an amount of not less than $500,000 aggregate and the Borough shall
be a named insured on the policy. This shall be evidenced by a certificate
of insurance and a letter confirming same from the issuing insurance
company. Such insurance shall remain in force from the date of the
permit until the termination of the period of maintenance as hereinafter
defined.
The backfilling and pavement restoration of
openings made under the jurisdiction of this article shall comply
with the following regulations and specifications:
A.
Unpaved roads. The applicant shall restore the surface
to as good a condition as existed prior to the excavation by replacing
as much of the material excavated, if suitable, as is necessary in
accordance with standards set by the Borough Engineer. Where excavation
is made in existing pavement, select backfill shall be used. No backfill
shall contain stone larger than six inches in diameter, nor shall
shale rock be used. Materials shall be placed in the trench in uniform
layers not to exceed six inches of thickness, and shall be thoroughly
moistened, tamped, and consolidated in place. The surface of the backfill
shall be maintained in first-class condition, as determined by the
Borough Engineer, for a period of six months.
B.
Flexible base pavements.
(1)
All cuts in flexible base pavements shall be made
with a cutting tool, and shall be 12 inches wider and 12 inches longer
than the excavation proposed to be made in the earth beneath so that
there will be a shoulder six inches wide on each side and at each
end of the excavation.
(2)
The backfill shall be brought up to an elevation seven inches below the elevation of the existing adjacent surface of the pavement, and said backfill shall be placed in accordance with the specifications contained in § 259-9A above.
(3)
The backfilled area shall be provided with a temporary
pavement which shall consist of a seven-inch thick layer of compacted
bituminous stabilized base. This temporary pavement shall be maintained
by the applicant in first-class condition, as determined by the Borough
Engineer, for a period of one year or at the discretion of the Borough
Engineer. After such period, the applicant shall remove the top two
inches of the temporary pavement and shall replace same with a permanent
pavement consisting of two inches of material as existed prior to
excavation. Prior to the application of the finished surface course,
the edges of the existing pavement shall be coated with a cutback
asphalt.
(4)
The applicant shall notify the Borough Engineer at
least 24 hours in advance of the exact time at which he/she proposes
to begin the permanent pavement restoration.
[Amended 12-28-1999 by Ord. No. 99-25R]
C.
Rigid base pavement.
(1)
All cuts in rigid base pavement shall be made with
a concrete saw to a minimum two-inch-depth cut in concrete, and shall
be 12 inches wider and 12 inches longer than the excavation proposed
to be made in the earth beneath so that there will be a shoulder six
inches wide on each side and at each end of the excavation.
(2)
The backfill shall be placed in accordance with the specifications contained in § 259-9A above. The backfilled area shall be provided with a temporary pavement which will consist of the same depth of stabilized base as the existing concrete pavement. The placement of the permanent top shall be in accordance with the specifications contained in § 259-9B above, except that such top shall be placed to the same thickness of that which previously existed.
(3)
Any bituminous topping on the concrete shall be replaced
with the same material as the existing material or, as specified by
the Borough Engineer, to the thickness of that which previously existed.
(4)
The Borough Engineer is to be notified at least 24
hours in advance of starting permanent pavement replacement.
A.
The permittee shall be responsible for the entire
work. He/she shall keep every portion of said work, including the
temporary pavement, in perfect order and repair during the entire
period of maintenance.
[Amended 12-28-1999 by Ord. No. 99-25R]
B.
The period of maintenance shall be a period of six
months after final completion of the work. In the event the six-month
period shall terminate within the months of December, January, February,
March, or April, the period of maintenance shall be considered as
extending until the first day of May next thereafter.
C.
The period of maintenance shall terminate on the date
the Borough completes permanent pavement repairs, if such date is
prior to the time limit hereinabove established.
D.
In the event that the Borough finds it necessary to
make emergency repairs during the period of maintenance, the permittee
shall immediately deposit the cost of making such emergency repairs
with the Borough Engineer. No permit shall be issued to any person
who is in default to the Borough on any such payment.
[Amended 12-28-1999 by Ord. No. 99-25R]
It shall be the duty of the permittee to give
notice of the proposed street opening to any company whose pipes,
conduits, or other structures are laid in the portion of the street
to be opened. Such notice shall be given at least 24 hours before
commencing such opening. The permittee shall, at his/her own expense,
carefully support, maintain in operation, and protect from injury
such pipes, conduits, or other structures. If any damage is caused
to such structures, the permittee shall restore them at his/her own
expense.
A.
The use of power excavating equipment is prohibited
within the pavement limits until each edge of the trench has been
cut through the entire thickness of the pavement to an even, uniform
line.
B.
The maximum width of any trench for sewer or utility
connections shall be 30 inches unless a greater width is approved
in writing by the Borough Engineer.
C.
Excavated material shall be stored in neat piles,
so placed as to cause the least inconvenience in the use of the roadway
or sidewalk. If so ordered by the Borough Engineer, such excavated
material shall be promptly removed from the site of the work.
D.
Special permission may be granted for tunneling under
a pavement of concrete or one having a concrete base. In such case,
the tunnel shall be refilled with one to three to six (1:3:6) concrete,
well tamped in place.
Small pipes or conduits may be driven beneath
pavements in such a manner that the surface shall not be disturbed
or injured, provided that:
A.
In the event of damage to a pavement or subsurface
pipe or structure caused by driving such pipe or conduit, the permittee
shall repair and make good the damage at his/her own expense.
[Amended 12-28-1999 by Ord. No. 99-25R]
B.
Driving of pipes is prohibited at locations in the
highways where there is existing underground construction of any public
utility corporation.
Except as an existing ordinance may otherwise
specifically provide, each public utility corporation shall:
A.
File with the Borough Engineer each week, in duplicate,
a list of street openings made by it during the preceding week.
B.
Place and maintain temporary pavement specified in § 259-9B(3) until the permanent repairs are made.
C.
Restore the pavement surface in manner directed by
the Borough Engineer, to the satisfaction of said Borough Engineer,
within six months from the date of the street opening, and maintain
such replaced surface in as good condition as the surrounding pavement
for a period of five years.
D.
Maintain trenches in earth roadway or earth shoulders
in a safe and level condition for a period of two years.
E.
Make repairs as may be directed by the Borough Engineer
within 24 hours.
F.
Make regular inspections of the conditions of its
trenches until the permanent surface is replaced thereon.
G.
In the event that any trench shall, during the period
that it is to be maintained by a public utility corporation, become
a hazard, then the Borough may proceed to perform such work as may
be required to eliminate such hazard and to make the road or pavement
safe for travel. The Borough shall then charge the cost thereof to
the public utility corporation.
H.
In the event that permanent pavement replacement is
not made within the six-month period hereinbefore referred to, then
the Borough, through its Borough Engineer, shall have the right to
give 10 days' notice of such fact to the public utility corporation,
and, if such permanent pavement has not been properly installed at
the expiration of such ten-day period, to replace and install such
pavement and to perform such work as may be required. The cost thereof
shall be charged to such public utility corporation.
I.
On any newly paved or reconstructed street in the Borough, there shall be a three-year moratorium on the issuance of road opening permits. Exceptions shall be granted for emergencies, including utility emergencies, utility openings that impact the safety and welfare of property owners (e.g., generators) and/or if the applicant is able to prove undue hardship. The Borough Engineer shall determine whether an applicant falls within these exceptions. In the event that an exception is granted during the moratorium, the applicant shall limit the disruption to the roadway pavement, gutters and curbs as much as possible, saw cut all excavations, and restore all pavement, etc., to its original condition as of the date of the application, including, but not limited to, the pavement, surface treatments, curbs and striping. All repaired roadway pavement, gutters and/or curbs shall be completed utilizing infrared technology, where applicable, within one week of the repair, weather permitting. A nonrefundable fee of $500 will be charged to open a road during the applicable moratorium. A refundable deposit will still be required in accordance with § 259-5 above. The Borough Engineer shall also be the final determiner as to whether the roadway has been restored to its original condition.
[Added 6-17-2014 by Ord.
No. 14-09R]
[Amended 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be punished by a fine
not exceeding $2,000, or by imprisonment for a term not exceeding
90 days, and/or by a period of community service not exceeding 90
days.
