[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:
BOROUGH ENGINEER or ENGINEER
The Borough Engineer of the Borough of South Plainfield or his duly authorized representative.
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.