[Adopted 10-27-2005 by Ord. No. 11-2005 (Ch. 150, Art. VIII, of the 1990 Code)]
A.
Applicability. This article applies to any street,
as defined by the New Jersey Motor Vehicles Statute, N.J.S.A. 39:1-1
et seq., whether above, below or on the surface in the Borough of
North Haledon, inclusive of any rights-of-way.
B.
This section shall apply where there exists any preexisting
structure, infrastructure or materials actually being used by the
public and/or private utility intending to modify, alter, disturb,
construct or otherwise affect any street in the Borough of North Haledon.
No public and/or private utility not owned and/or operated by the
Borough of North Haledon shall be permitted to modify, alter, disturb,
construct or otherwise affect any street without:
(1)
Contacting the Police Chief or his/her designee and
notifying him/her in writing of the proposed date and time of its
anticipated modification, alteration, disturbance, construction or
actions which may otherwise affect any street in the Borough of North
Haledon.
(2)
Once the Police Chief or his/her designee has been
notified, the public and/or private utility shall be required to post
an escrow of a minimum of $500 with the Construction Official, from
which shall be paid as many special police officers as the Police
Chief or his/her designee determines is necessary for safety and traffic
purposes. Any excess escrow shall be returned and any deficiency shall
be replenished prior to the completion of work. If it is determined
that no special police officers are required, the escrow requirement
shall be waived.
(3)
The public and/or private utility shall indemnify
and save harmless the Borough of North Haledon, its officials, employees,
representatives and agents from any liability and/or damages related
to its anticipated action(s) and shall execute an agreement memorializing
same.
(4)
In the event the private and/or public utility shall
modify, alter, disturb, construct or otherwise affect any street,
said street shall be restored to the state the street was in prior
to the private and/or public utility's modification, alteration, disturbance,
construction or actions which may have otherwise affected the street.
The Engineer of the Borough of North Haledon shall inspect the street
and determine whether said restoration is satisfactory.
(5)
If the Borough Engineer determines that the restoration
of the street is unsatisfactory as determined by accepted standards
in the field of construction as well as any other official standards,
specifications, or regulations related to road construction, reconstruction
and/or repair, a notice shall be sent to the private and/or public
utility as to the unsatisfactory restoration, identifying the nature
of the unsatisfactory restoration with a date certain, 30 days from
the date of the notice, within which satisfactory restoration shall
be completed. The notice shall also state that in the event the public
and/or private utility fails to complete satisfactory restoration
by the date certain, the Borough of North Haledon shall cause to be
satisfactorily restored said street and charge to the public and/or
private utility the satisfactory restoration costs actually incurred.
(6)
Upon the expiration of the date certain, and in the
event the public and/or private utility has not completed satisfactory
restoration of the street, the Borough Engineer may use available
qualified Borough employees and/or solicit quotes from independent
contractors if the costs are anticipated to be within the bid threshold
and submit his/her recommendation to the governing body.
(7)
In the event the costs of satisfactorily restoring
any street not being restored by the public and/or private utility
exceeds the bid threshold and the safety of the street is implicated,
the Borough Engineer, after consultation with the Mayor or Business
Administrator, may engage the services of a contractor on an emergency
basis and in compliance with N.J.S.A. 40A:11-6, as well as any corresponding
regulations and amendments thereto.
C.
This subsection shall apply in those circumstances in which Subsection B above is not applicable, but the public and/or private utility nonetheless intends to modify, alter, disturb, construct or otherwise affect any street in the Borough of North Haledon, thus requiring the consent of the Borough of North Haledon for use of its streets. The Borough of North Haledon reserves for itself, its departments and agencies, the first right for use of any street within the municipality's jurisdiction, either above, below or on the surface thereof. Any person or entity not part of the Borough of North Haledon shall be required to petition the Borough for its consent to use or occupy any street or modify, alter, disturb, construct or otherwise affect any street under the jurisdiction of the municipality in the manner provided in this article.
D.
Procedure for consent.
(1)
No consent shall be granted by the Borough until a
petition shall have been filed with the Construction Official by the
person desiring same. The petition shall specify the period for which
the consent is asked and the uses in detail for which the street is
desired, whether above, below or on the surface thereof.
(2)
The petition shall not be considered by the governing
body of North Haledon until public notice shall be given by publication
once a week for at least two weeks in the newspaper designated by
the governing body as the official newspaper of the Borough and by
posting the notice in the Borough Hall at least two weeks before the
meeting at which action is anticipated.
(3)
The notice shall specify the name of the person or
corporation presenting the petition, the date and hour when the same
will be considered by the governing body, the date of filing the same,
the character of the use to which the street is to be put, and the
time for which permission or consent is sought.
(4)
Upon the date fixed by the notice, or upon such subsequent
date as the hearing of the petition may be adjourned, the governing
body may, by ordinance, grant the right to use the street petitioned
for.
(5)
The consent granted by the ordinance shall not become
effective unless an acceptance in writing of the ordinance shall be
filed by the person applying for consent with the Construction Official
within 30 days after receiving notice of the passage of the ordinance
and upon approval of said ordinance by the Board of Public Utility
Commissioners of the State of New Jersey.
E.
Conditions of consent.
(1)
As conditions to the granting of consent for use of
municipal streets and public rights-of-way by the Borough of North
Haledon, the petitioner shall:
(a)
Indemnify and hold the Borough harmless against
all claims arising from or relating to its use or occupancy of the
street;
(b)
Maintain insurance in such forms and in such
amounts as may be deemed by the governing body to be reasonable or
appropriate, and the policies for which shall name the Borough as
an additional insured;
(c)
Remove existing lines, systems or facilities
which the user or its predecessors have abandoned;
(d)
Post an escrow in an amount sufficient to pay
therefrom an appropriate number of special police officers to be assigned
by the Chief of Police or his/her designee for safety and traffic
purposes, which said number shall be in the discretion of the Police
Chief or his/her designee;
(e)
Comply with any other terms and/or conditions
established by the governing body in any approved resolution of consent.
(2)
Any replacement of infrastructure within the street
for which consent has been granted for initial installation shall
be in accordance with the original approved plan or the plan or the
preexisting utility construction procedures of the Borough Engineer
with respect to utilization of the street.
F.
Enforcement authority. The members of the Police Department
and/or members of the Building Department, including but not limited
to the Construction Official, are hereby designated as the enforcing
authority of the provisions of this article. Said enforcing authority
is hereby empowered to issue notices of violations and/or summonses,
as well as stop-work orders, directing the immediate cessation of
any activity constituting a violation of this article until such time
as the public and/or private utility to which this article or provisions
herein are applicable and/or any person or entity purporting to be
acting on their behalf comply with the provisions of this article.
[Added 12-28-2005 by Ord. No. 18-2005]
G.
Violations and penalties. Any public and/or private utility to which this article or provisions herein are applicable, and/or any person or entity purporting to be acting on their behalf, engaging in any activity constituting a violation of any provision(s) of this section shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, as well as subjected to the issuance of a stop-work order directing the immediate cessation of any activity constituting a violation of this article until such time as the public and/or private utility to which this article or provisions herein are applicable and/or any person or entity purporting to be acting on their behalf comply with the provisions of this article. Each day a violation continues shall be a separate offense.
[Amended 12-28-2005 by Ord. No. 18-2005[1]]
