[Adopted 10-13-1964 as Art. 8 of Ch. 12 of the 1964 Code
(Ch. 172, Art. II, of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
PERMITTEE
The person, firm or corporation obtaining a permit or his
or its duly authorized representative.
PUBLIC UTILITY
Any public utility as defined in N.J.S.A. 48:2-13 of the
Revised Statutes of the State of New Jersey.
A. No person, firm or corporation shall make any excavation
in or break up or displace the surface of any street, highway or other
public place (excepting county and state roads) except with a written
permit from the Borough Engineer as hereinafter provided.
B. Such permit shall be valid for 30 days unless an extension
of time has been requested by the permittee and granted by the Borough
Engineer in writing.
Application for a permit shall be made at the
office of the Borough Engineer by the applicant or his authorized
agent. The form for such application shall be provided by the Borough
Engineer and the application shall state the purpose of the excavation
and the name and address of the person, firm or corporation who or
which will restore the permanent pavement when the same is not to
be done by the Borough or the applicant. The application shall be
accompanied by a diagram indicating the nature and extent of the excavation
to be made and the work to be done, and if during the course of the
work any major variation is required, the permittee shall file with
the Borough Engineer an amended diagram showing the manner in which
the work will actually be done.
The Borough Engineer may withhold the issuance
of any permit or permits in any case where, in his opinion, previous
excavations or openings made by the same person, firm or corporation
have been done in an unsatisfactory manner or in violation of this
article, or have not been put in good order pending permanent restoration
or have not been satisfactorily restored, as the case may be, until
such time as such previous excavations or openings have been brought
in compliance with the applicable provisions of this article or put
in good order pending permanent restoration or have been satisfactorily
and permanently restored, as the case may be, such withholding being
in addition to any other remedies or penalties provided in this article
or which may be available by law.
Upon written notice from the Borough Engineer
that any excavation or opening is being prosecuted contrary to the
provisions of this article or in an unsafe or dangerous manner, according
to his information and belief, such work shall be immediately stopped.
The stop-work order shall be in writing and shall be served upon either
the person who signed the application for the permit or the person
doing the work. The notice shall state the conditions that must be
complied with in order for the stop-work order to be canceled and
the work to be resumed.
A. The permittee, in accepting a permit issued under
this article, shall be deemed to have agreed to indemnify and save
harmless the Borough from and against any and all loss, costs 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 permittee,
his or its agents or servants in performing the work covered by the
permit.
B. No permit shall be issued by the Borough Engineer
until the applicant therefor shall have placed on file with the Borough
Engineer satisfactory evidence of public liability insurance in the
amount of not less than $50,000 for any one person and not less than
$100,000 for any one accident and property damage insurance in the
amount of not less than $5,000 for one accident and not less than
$25,000 in the aggregate. Such insurance must remain in force from
the date of the permit until the termination of the required period
of maintenance after permanent restoration.
No mechanical excavating machinery or equipment
shall be used unless the use thereof shall have been set forth in
the application.
Whenever gas, water or utility services are
to be installed across street from curbline to curbline and the pavement
of the street is constructed of six-inch penetration macadam, seven-inch
bituminous concrete surface, concrete or any type of construction
of the aforementioned class or better, the public utility or any other
person or persons shall be required to tunnel or drive the service
lines beneath the street instead of excavating a trench. No other
tunneling under pavements shall be done unless authorized in writing
by the Borough Engineer.
No excavation shall be made on a Sunday except
in case of emergency.
A. The permittee shall properly guard the excavation
by the erection of suitable barricades and warnings as hereinafter
specified and shall arrange the work in such a manner as to cause
a minimum of inconvenience and delay to vehicular and pedestrian traffic.
Unless otherwise authorized by the Engineer, the work shall be so
arranged as to make possible the complete removal of obstructions
to traffic on Saturdays, Sundays and holidays.
B. Warning flags and suitably lighted red lights or other
types of warning lights shall be provided, and watchmen shall be provided
if so ordered by the Engineer and in accordance with his directions.
C. Where the free flow of traffic is interfered with,
the permittee shall furnish competent persons to direct and expedite
traffic.
D. Unless otherwise authorized by the Engineer, vehicular
traffic shall be maintained at all times during the progress of the
work. On paved streets at least a nine-foot width of the pavement
shall be open and unobstructed at all times.
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, not less than 24 hours before commencing such opening,
and the permittee shall, at his 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 the same, at his own expense, to as good a condition
as they were before the beginning of the work.
In case of emergency, any public utility, individual
or company may make an excavation in or tear up the surface of any
street without first having obtained from the Borough Engineer a permit
therefor, in which case the said public utility, individual or company
shall make application for such a permit within two working days after
the occurrence of such emergency; provided, nevertheless, the said
public utility, individual or company shall first telephone or personally
contact the office of the Borough Engineer, or in case said Engineer's
office is closed, telephone or personally contact any member of the
Public Works Committee, the Borough Engineer or the Superintendent
of Public Works, stating the nature of the emergency, and, if the
person contacted so determines, oral emergency approval may be granted.
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
connection shall be 30 inches unless a greater width is approved in
writing by the Engineer.
C. Excavated material shall be stored in neat piles,
so placed as to cause the least inconvenience with the use of the
roadway or sidewalk. If so ordered by the Engineer, such excavated
material shall be promptly removed from the site of the work, subject
to the provisions of this article.
D. Special permission may be granted to tunnel under a pavement, as provided in §
409-21, in which case the tunnel shall be refilled with one-to-three-to-six concrete well tamped in place.
E. Unless otherwise authorized, the work of passing under sidewalks and curbing shall be done by tunneling and refilling as provided under Subsection
D.
A. As soon as the pipe or structures are in place and
any required inspection has been made, the excavation shall be backfilled.
B. With the exception of portions of the excavation lying
back of the sidewalk or sidewalk lines, the backfilling shall be placed
in layers not more than six inches thick and each layer shall be thoroughly
compacted with mechanical rammers of a type satisfactory to the Engineer.
(The Engineer may permit layers in excess of six inches if, in his
opinion, the rammers used will properly compact a greater thickness.)
C. If the material removed from the excavation is of
such character that, in the opinion of the Engineer, it will not compact
satisfactorily, the permittee shall provide suitable material from
other sources for the backfilling.
D. When the trench is brought to grade, all surplus material
shall be forthwith removed by the permittee.
Small pipes or conduits may be driven beneath
pavements in such a manner that the surface shall not be disturbed
or injured and 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 the permittee's own expense.
B. Driving of pipes shall be prohibited at locations
in the streets where there is existing underground construction of
the New Jersey Bell Telephone Company or any electric or gas utility
company.
Immediately after backfilling the excavation,
the permittee shall install a temporary pavement of bituminous material
over the opening and shall keep such temporary pavement to grade until
it has been replaced by a permanent pavement.
[Added 9-12-2016 by Ord.
No. 2062]
A. The permittee shall restore the surface of all streets, broken into
or damaged as a result of excavation of work, to its original condition
in accordance with the specifications of the Department of Public
Works.
B. In the case of utility work undertaken by a public or private utility,
which work involves placing new or replacing, or repairing of existing
utility infrastructure, such as gas lines, waterlines, electrical
lines, and sewer lines, where the area to be trenched is greater than
50 linear feet, upon completion 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 specifications
of the Department of Public Works.
A. The permittee shall be responsible for the entire
work and shall keep every portion of said work, including the temporary
pavement, in perfect order and repair during the entire period of
maintenance.
B. The period of maintenance shall be considered as a
period of six months after the date of final completion of the work
to be done, except that in the event the termination of said six-month
period shall fall within the months of December, January, February,
March or April, then and in that event 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 permits shall be issued to any person,
firm or corporation who is in default to the Borough on any such payment.
E. The entire amount of the fee shall be retained by
the Borough to cover the cost of necessary inspection services and
the cost of making permanent repairs to the pavement or other street
areas.
Any damage done to the pavement, sidewalk, curbing
or trees as a result of the negligence of the permittee in installing
its equipment shall be repaired by the permittee. If the permittee
shall fail to make such repairs, the Borough shall give the permittee
written notice thereof specifying the damage to be repaired. If the
permittee shall fail to make such repairs within 30 days after the
receipt of such notice, the Borough shall have the right to make such
repairs, in which event the permittee shall be charged for the cost
thereof, which charges shall be billed upon the completion of the
work and shall be paid within 30 days after the receipt of the bill
therefor.
Interest at the rate of 6% per annum shall be
charged on any bills sent by the Borough pursuant to this article
and not paid within 30 days from the receipt thereof, and no permits
shall be issued to any person, firm or corporation who is in default
to the Borough on any such payment.
No permit for street opening shall be issued
until the applicant therefor shall have first paid to the Borough
Engineer the fees hereinbelow stated:
A. For openings to be made in pavements of concrete or
of stone block, brick, sheet asphalt, bituminous concrete or other
materials on a concrete base, the sum of $20 for each square yard
of pavement to be disturbed.
B. For openings to be made in pavements of sheet asphalt
or bituminous concrete on a stone base, the sum of $20 for each square
yard of pavement to be disturbed.
C. For openings to be made in pavements of bituminous
macadam or waterbound macadam, the sum of $6 for each square yard
of pavement to be disturbed.
D. For openings to be made in streets paved with material
other than those hereinbefore enumerated, such sum as the Borough
Engineer may deem reasonable under the circumstances.
A. Nothing contained in this article shall be construed as requiring the issuance of a permit for the performance of any work done by a public utility corporation under the provisions of its charter or franchise, nor shall §
409-15,
409-16,
409-19, and
409-30 be construed as applying to any public utility corporation.
[Amended 12-9-2016 by Ord. No. 2070]
B. Each public utility corporation shall:
(1) File with the Engineer each week, in duplicate, a
list of street openings made by it during the preceding week.
(2) Place and maintain temporary pavement specified under §
409-29 until the permanent repairs are made.
(3) Restore the pavement surface in manner directed by
the Engineer and to the satisfaction of said Engineer within six months
from the date of street opening and maintain such replaced surface
in as good condition as the surrounding pavement for a period of five
years.
(4) Maintain trenches in earth roadway or earth shoulders
in a safe and level condition for a period of two years.
(5) Make repairs as may be directed by the Engineer within
24 hours.
(6) Make regular inspection of the conditions of its trenches
until the permanent surface is replaced thereon.
C. In the event that any trench shall, during the period
that it is to be maintained by the public utility corporation, become
a hazard, then the Borough may proceed to perform such work as may
be required to eliminate such hazard and make the road or pavement
safe for travel and charge the cost thereof to the respective public
utility corporation.
D. In the event that permanent pavement replacement is
not made within the six-month period hereinbefore referred to, then
the Borough, through its 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, then the Borough may proceed to replace and
install such pavement and to perform such work as may be required
and charge the cost thereof to such public utility corporation.
When any excavation or opening is made by the
South Plainfield Sewerage Authority or by any contractor, subcontractor,
employee or agent thereof which, if done by any other person or corporation
(other than a public utility corporation), would require a permit
under this article, the following provisions shall apply:
A. A written permit shall be applied for and obtained
in the same manner as required for any other person or corporation
under this article.
B. Such written permit may cover several openings or
streets or separate permits may be issued for each opening, as the
Borough Engineer may deem advisable.
C. No fee shall be charged for the issuance of any such
permit.
D. Temporary pavement. The provisions of §
409-29 shall not apply to such excavations; provided, however, that such contractor or subcontractor diligently does and performs all contract provisions relating to temporary maintenance pending permanent pavement.
E. Permanent pavement. The pavement surface shall be
permanently restored, in accordance with the contract with the South
Plainfield Sewerage Authority and to the satisfaction of the Borough
Engineer, within six months from the date of street opening. In the
event that permanent pavement replacement is not made within the six
months' period herein referred to or within such additional time as
may be agreed to by the Borough Engineer, in writing, then the Borough,
through its Engineer, shall have the right to give 10 days' notice
of such fact to the said contractor, and if such permanent pavement
has not been properly installed at the expiration of such ten-day
period, then the Borough may proceed to replace and install such pavement
and to perform such work as may be required and charge the cost thereof
to such contractor.
F. All other provisions of this article not specifically
excepted herein shall apply to all such excavations and openings.
[Amended 12-16-2013 by Ord. No. 1995]
A. Each public utility desiring to make excavations or
openings in streets under the jurisdiction of the Borough of South
Plainfield shall file each year with the Borough Clerk a bond, which
may be the bond of such public utility corporation solely, in the
penal sum of $5,000 conditioned upon compliance with the applicable
provisions of this article.
B. Except as provided in Subsection
C hereof, every other permittee shall file with the Borough Engineer, with respect to each permit issued pursuant to this article, a bond in such penal sum as shall be determined by the Borough Engineer, conditioned upon compliance with the applicable provisions of this article, or, in lieu of such bond, such permittee shall deposit with the Borough cash in an amount to be determined by the Borough Engineer, to secure compliance with the applicable provisions of this article. Each bond shall be in a form satisfactory to the Borough Attorney and shall be discharged only after approval of the work by the Borough Engineer.
C. Subsection
B above shall not apply to such excavations and openings made by the South Plainfield Sewer Utility or by any contractor, subcontractor, employee or agent thereof if such permittee has executed and filed with said Sewer Utility a performance bond covering all work under the contract with said Sewer Utility, including the restoration of all streets and other public places excavated or opened or which may be affected by any such work; each such bond shall run to the Borough of South Plainfield as well as to the South Plainfield Sewer Utility, and a copy thereof shall be filed with the Borough Clerk and be subject to the approval of the Borough Attorney as to form.
D. Inspection fee escrow. The applicant shall post an escrow fee with
the Borough Clerk to defray the cost of inspection of the excavation
or opening in the street and paving restoration, such inspection to
be conducted by the Borough Engineer. The Borough Engineer shall estimate
the construction cost and the public utility shall post an escrow
fee to cover such cost in an amount that shall be equal to 12% of
the estimated construction cost as determined by the Borough Engineer.
Any and all dirt and soil, of whatever nature,
which is found in or removed from any opening or excavation in any
public street, lane, alley, court, sidewalk or other public place
under the jurisdiction of the Borough of South Plainfield shall be
and is the property of the public, and no such dirt or soil shall
be removed, transported, used or disposed of without the written permission
and approval of the Mayor and Council (by such officer as it may by
resolution designate) as to all matters connected therewith, including,
but not by way of limitation, the use to be made thereof, the place
to which it is to be removed and the manner and route of transporting
the same. Without limiting the foregoing, the Borough shall and does have the right to take and
use any such dirt and soil removed from any excavation or opening
made under the terms of this article or which falls under the terms
of this article, for any public purpose.
Any person aggrieved by any action of the Borough
Engineer or other official in withholding or refusing to issue a permit
or in issuing a stop-work order or in doing any other act or issuing
any other directive pursuant to this article may appeal in writing
to the Mayor and Council, which shall afford such person an opportunity
to be heard. After such hearing, the Mayor and Council may uphold
the action of the Borough Engineer or other official or may modify
or reverse the same upon such terms and conditions as said Mayor and
Council may deem proper.
Neither the Borough, Borough Engineer, nor any
person, firm or corporation which may, from time to time, be employed
by them or any one or more of them to perform work under or pursuant
to the provisions of this article or as authorized herein shall be
deemed to be the agent or the servant of the permittee for any of
the purposes of this article.
A. Any person, firm or corporation who or which shall
violate any provision of this article or shall fail to comply with
any of the requirements thereof or shall act in violation of a stop-work
order or other directive of the Borough Engineer or other officer
made pursuant to this article shall be subject to a fine of not exceeding
$2,000, in the case of a natural person, imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90
days, or any combination thereof. The violation of any one provision,
requirement, order or directive, and each day that a violation continues,
shall be deemed to constitute a separate offense.
[Amended 2-1-2010 by Ord. No. 1873]
B. The imposition of the penalties herein prescribed
shall not preclude the appropriate legal officer from instituting
action to prevent the violation of this article or any order or directive
issued pursuant thereto, or to restrain, correct or abate a violation
or to stop an illegal act or conduct, as may be provided by statute,
law or ordinance or as may be available in the courts of this state.