[Adopted as Ch. 150, Art. III, of the 1990
Code]
[Amended 5-9-1990 by Ord. No. 5-1990; 2-15-2006 by Ord. No. 2-2006]
It shall be unlawful for any person to make
any street opening, except in an emergency, store any material on
any public street or cause to be made any penetration, excavation
or disturbance of the surface of any portion of any public street
(the term "public street" shall include sidewalks) in the Borough
for any purpose whatsoever unless such person first obtains a permit
from the Construction Official of the Borough as hereinafter provided.
[Amended 2-15-2006 by Ord. No. 2-2006]
Application for any of the above purposes shall
be made in writing to the Construction Official of the Borough on
applications which shall contain the following information and such
other information as shall be deemed necessary by the Construction
Official:
A.
A detailed plan describing the work to be performed.
B.
Name of the person for whom said work is to be performed.
C.
Name of the person who is to perform such work.
D.
Total amount of excavation set forth in square yards
of surface to be opened.
E.
Date of commencement and completion of said work.
F.
Surface type of road to be opened.
G.
If a permit for storage of material on roads is required,
the length of time during which said material is to be stored.
[Amended 5-9-1990 by Ord. No. 5-1990]
The application shall be accompanied by a check computed in accordance with the fee schedule as provided in Chapter 275, Fees.
[Amended 7-21-1993 by Ord. No. 11-1993; 2-15-2006 by Ord. No. 2-2006]
The deposit shall be turned over to the Construction
Official and shall be held in escrow to insure the proper road repairs
subsequent to all road openings. These funds will be returned to the
applicant six months after the road work has been completed and the
Construction Official has inspected, approved and certified that all
work has been properly done.
[Amended 2-15-2006 by Ord. No. 2-2006]
The Construction Official, upon being satisfied
that the provisions contained in this article have been complied with
and will be complied with, shall thereupon issue a permit to each
applicant, which permit shall contain:
A.
The name of the person for whom work is to be performed.
B.
The person who shall perform the work.
C.
The description of the work to be performed.
D.
The place of performance.
E.
The duration of the validity of the permit.
F.
The type of surface to be restored.
G.
Such necessary signs, guards, lights or other devices
to be erected in order to protect the public safety.
H.
The amount of the fee.
Any person obtaining a permit pursuant to the provisions of
this article shall, within the time prescribed in the permit, complete
his/her excavation, penetration or disturbance of the surface of any
street, complete the work undertaken and replace any and all materials
disturbed or excavated according to the following specifications:
A.
All openings shall be filled with a four-inch macadam
dust-bound base, thoroughly tamped or puddled and topped with a surface
of the same material and to the same thickness as that excavated.
B.
No patches shall be allowed. All openings must be
sealed with full paving, said paving to be curb to curb.
[Added 5-9-1990 by Ord. No. 5-1990]
[Amended 2-15-2006 by Ord. No. 2-2006; 8-14-2013 by Ord. No. 8-2013]
A.
No excavated material, building material or other
material shall be placed or stored in any public street within the
Borough unless such storage shall be authorized by the Construction
Official in a permit issued pursuant to the provisions of this article.
No storage shall be permitted unless it occupies less than 1/4 of
the width of the roadways as measured by the curbs. The place of storage
and necessary safeguards, such as lights, signs, barriers and guards,
shall be prescribed by the Construction Official, who shall make such
prescriptions as are necessary for public safety and to keep the streets
accessible for public use. In the event that any work to be performed
shall necessitate the obstruction of any street, the time and the
manner of the work to be performed shall be determined by the Construction
Official, who, in making such determination, shall consider the public
welfare and prescribe a method which will not be burdensome to the
applicant in the performance of the work undertaken.
B.
It shall be unlawful to store in any public street
any materials of a nuisance or unsanitary character or any material
of a flammable or explosive nature.
C.
The person for whom the work is to be performed and
the person performing the work for which a permit is issued under
the provisions of this article shall be fully responsible for providing
proper signs, guards or lights or other safety devices prescribed
by the Construction Official or Superintendent of Public Works pursuant
to the provisions of this article.[1]
[Amended 8-8-1990 by Ord. No. 22-1990; 2-15-2006 by Ord. No. 2-2006; 10-19-2011 by Ord. No. 27-2011]
The provisions of this article shall not apply
to openings or excavations made by a public utility corporation subject
to regulations by the Board of Public Utility Commissioners, which
has the right to lay, construct, install, maintain and operate its
work or facilities, or any of them, in any public road or street of
the Borough, which are to be made for the purpose of laying, relaying,
constructing, reconstructing, installing, maintaining, opening or
repairing any such works or facilities, if such public utility corporation
shall, prior to the doing of any such work, have filed with the Construction
Official its bond running to the Borough of North Haledon in the sum
of $10,000, conditioned for the temporary and permanent restoration
of any road, street or pavement thereof which may be opened or excavated
by such utility, its employees or contractors, without undue delay,
to as good condition as the same was at the time of the opening thereof
and to the satisfaction of the Borough Council, which bond shall further
provide that the obligation thereof shall be a continuing obligation
to the full amount thereof of each opening of any road or pavement.
The utility corporation shall, except in case of emergency, give at
least 24 hours' notice to the Borough Construction Official of its
intention to open or excavate. In the case of emergency openings,
the notice shall be given to the Borough Construction Official as
soon as practicable after such opening is made.[1]
[1]
Editor's Note: Original § 150-16, Appeals, of the
1990 Code, as amended, which immediately followed this section, was
repealed 8-14-2013 by Ord. No. 8-2013.
[Added 5-9-1990 by Ord. No. 5-1990[1]]
[Added 2-15-2006 by Ord. No. 4-2006]
A.
No road openings will be permitted within any roadway
within the jurisdiction of the Borough of North Haledon which was
resurfaced within the last five years, without the approval of the
Borough Engineer.
B.
Approvals will be granted by the Borough Engineer
for such openings which are necessary to repair existing broken service
or utility lines and services, such as those classified as an emergency
opening, subject to any other requirements contained in any other
applicable ordinance pertaining to utilities.
C.
Whenever such owner, tenant, contractor, or public
utility desires to open a roadway within the jurisdiction of the Borough
of North Haledon for a new connection or opening before the above-mentioned
expiration of the time above, written application shall be made by
such parities to the Borough Engineer for such permission. The application
and the letter shall fully address why this opening is necessary,
and the Borough Engineer will be empowered whether to grant or deny
this opening request.
D.
In all of the above cases, should the applicant receive the permission to open the roadway within the jurisdiction of the Borough of North Haledon, the restoration of the trench and Borough roadway surface shall be in accordance with the Special Trench Restoration Details issued by the County of Passaic and on file in the office of the Passaic County Road Supervisor. This Special Restoration Detail Standard shall apply to all parties requesting a permit, including but not limited to owners, tenants, contractors, and the public utilities. Public and/or private utilities shall also comply with Chapter 523, Article IX, Use of Public Streets and Rights-of-Way, and any amendments thereto, pertaining to use of streets and rights-of-way.
E.
Note that such permission shall not be limited to
public utility companies but may be granted to any such owner, tenant,
or contractor, subject to the provisions of this section.
F.
Prohibited actions. Tunneling under roadways within
the jurisdiction of the Borough of North Haledon will not be permitted
under any circumstances and shall be an unlawful exercise of the privilege
under any such permit and a violation thereof.
G.
Jurisdictional regulations.
(1)
Any excavation or opening made in any road, street,
or right-of-way referred to in any part of this section shall be subject
at all times to all laws of the United States of America and the State
of New Jersey, and any other appropriate regulation adopted by the
County of Passaic or ordinance of the Borough of North Haledon governing
the use of said street, road or right-of-way.
(2)
Safety requirements as promulgated by OSHA regarding
trench excavation and sheeting shall be adhered to by the permittee.
H.
Penalty for failure to perform restoration. In the
event any permittee violates the conditions of its permit, or otherwise
fails to restore any road, street, or right-of-way in a sufficient
manner as required hereunder, and the Borough of North Haledon is
required to make such restoration at its own cost and expense, a certificate
of the reasonable cost and expense in effecting such restoration shall
be prepared by the Borough Engineer, or his/her duly authorized representative,
and upon being certified by said official, such certificate of cost
shall be final and conclusive as to the amount and shall thereafter
be immediately due and payable by the permittee upon presentation
of said certificate to the permittee. This penalty shall be in addition
to any other penalty imposed by any other applicable statutes, rule,
regulation and/or ordinance of the Borough of North Haledon.
I.
Road openings 1,000 linear feet or greater. Any application
for a road opening that is 1,000 feet or greater will not be issued
immediately to the permittee. The application will be forwarded to
the Borough Engineer for review and presentation to a Public Works
Committee established by the governing body of the Borough of North
Haledon for their approval. After this approval, the Borough Engineer
will be authorized to issue the necessary permits.
