[Adopted during codification (see Ch. 1,
General Provisions, Art. II)]
Unless specifically exempted, no person shall
survey, excavate, dig, test drill, tunnel, construct or reconstruct
or otherwise disturb any public street, road, highway, curb, sidewalk,
bridge, culvert, utility structure or other public improvement or
facility located within, over or under any public right-of-way, easement
or publicly owned property in the Borough of Glen Gardner for the
purpose of laying, changing, repairing, connecting, constructing or
maintaining any water, gas, sewer pipe or any electric, telephone,
telegraph pipes or conduits, or for any other purpose whatsoever,
without having first obtained a permit from the Borough Clerk in accordance
with the rules, procedures and specifications hereinafter set forth
and without having first paid the required fees or posted bonds as
required by this article.
As used in this article, the following terms
shall have the meanings provided:
Any applicant who makes application for a permit.
Any unforeseen and unexpected circumstance or occurrence
which causes a clear and immediate danger to persons or damage to
property and which requires immediate opening or repair.
The licensed professional engineer duly appointed as Borough
Engineer or authorized engineer, his or her authorized deputy, representative
or inspector.
Any excavation, removal, repair, construction, reconstruction,
drilling or tunneling within the rights-of-way of accepted or unaccepted
roads or easements owned, regulated and within the responsibility
of the borough, and including excavation, drilling or cutting through
pavement, curbs, gutters, drainage facilities, sidewalks, shoulders,
embankments, utility lines or structures. Test holes of small diameter,
whether drilled, driven or cut, shall be considered openings, except
that one application, one permit and one fee shall apply to a series
or group of such test holes.
Any applicant who has been issued a permit and is obliged
to fulfill all the terms and conditions of this article.
A roadway, alley, highway, way, easement or right-of-way,
improved or unimproved, over which there is a public right of passage,
provided that the same is part of the municipal road system and accepted
for municipal maintenance.
That portion of a road which, when constructed, is intended
to accommodate vehicular passage or travel.
Any road whose traveled way is surfaced with cinders, dirt,
gravel or stone without bituminous or cement binder and any road that
may exist within an approved major subdivision but which is not yet
accepted for ownership, maintenance or legal jurisdiction by the borough.
In the event of an emergency, where repairs
to existing facilities must be made immediately and the person charged
with the responsibility for making the repairs would be unduly delayed,
or the health, safety or convenience of the public might be adversely
affected, in seeking a permit through hereinafter specified channels,
then, and in that event, the opening may be made to remove, correct
or repair the condition causing the emergency without making prior
application for a permit, provided that application for the permit
is made as soon as possible. The person having caused the opening
to be made shall comply with all the other provisions of this section.
In emergency matters and in the absence of the Borough Clerk, a permit
may be issued by the Mayor or a member of the Borough Council, or
by such other borough employee as the Mayor or member of Council may
direct.
Application for permit shall be made on standard
forms provided by the Clerk, shall be filled out completely in the
number of copies specified on the form and shall be filed with the
Clerk, along with the required permit fee and other exhibits that
may be required, either under the terms of this article or as outlined
on the form. The borough reserves the right to exempt itself from
permit requirements.
The applicant shall file, along with the permit
form, appropriate engineering drawings, in triplicate, which show
the following details:
A.
Key map, showing schematically the location of the
proposed opening relative to surrounding streets or other key landmarks.
B.
Existing facilities such as pavement, curbing, sidewalk,
driveways, drainage, and utilities in the working area.
C.
Details of proposed opening and work to be done, including
excavation, plan, profile and appropriate sections of the opening,
and construction details.
A.
Except as provided in § 143-22, relative to New Jersey public utility corporations, the applicant shall obtain and keep in full force and effect during the entire time of the work a policy or policies of insurance, satisfactory to the borough, providing general comprehensive liability insurance coverage with limits of at least $100,000 to one person and $300,000 for each accident for bodily injury (including personal injury, disease or death), and with limits of at least $100,000 for property damage. There shall be annexed to each application a certificate evidencing that such insurance is in full force and effect and shall remain in full force and effect for the entire time of the work. The certificate shall state that the policies evidenced thereby shall not be cancellable without 10 days' notice by the insurance company to the borough.
B.
Except as provided in § 143-22, relative to New Jersey public utility corporations, the applicant shall obtain and keep in full force and effect during the entire time of the work, worker's compensation insurance on all employees as required by law. There shall be annexed to each application a certificate of insurance evidencing that such insurance is in full force and effect and shall remain so for the entire time of the work. The certificate of insurance shall state that the policies evidenced thereby shall not be cancellable without 10 days' notice to the borough.
The applicant shall file along with the permit
form an agreement, in writing, to save the borough harmless form any
loss, injury, damage or liability whatsoever resulting in the course
of construction, whether directly or indirectly connected with the
work or from any negligence or fault of the applicant, its agents,
servants, representatives or contractors in connection with the performance
of the work covered by the plans.
The applicant shall file along with the permit
form an estimate of the cost of the opening and excavation work to
be done, including all backfill and replacement work, and an estimate
of the starting and completion dates. Cost schedules are subject to
review and approval by the Engineer.
A.
Cash deposit. Unless otherwise provided herein, the
applicant shall deposit with the Borough Clerk, along with the permit
form and prior to the start of construction, the sum of $50 with each
application for each opening permit, plus an additional sum of 10%
(minimum $500) of the estimated cost of the work as estimated by the
applicant's contractor or engineer and approved by the Borough Engineer.
The moneys so filed shall be used to pay the cost of engineering,
inspection, legal services, unrepaired damages or other legitimate
costs to the borough assignable directly to the project. Within two
months after completion and final release of the permittee, which
shall not be granted until expiration of the twenty-four-month maintenance
period, all unexpended moneys shall be returned to the applicant,
except for the additional amount of $25, which shall be retained by
the borough in its final application fee. In extenuating circumstances,
the Borough Council may waive the fee and only require payment for
services.
B.
Surety bond. In lieu of the cash deposit, the applicant may submit a surety bond of like amount. The bond shall provide for compliance with all provisions of this article by the applicant and for payment by the applicant of any and all damages sustained by any persons or property as a result, directly or indirectly, of the work performed under the permit. The bond shall be issued by a bonding or surety company and shall be subject to approval as to form, sufficiency and execution by the Borough Attorney. The bond shall remain in effect and shall not be released until the costs and final fee calculated under Subsection A above have been paid by the permittee to the borough and until the issuance of the final release.
C.
Upon the failure of the permittee to comply with any
of the requirements of this article, the borough may perform or cause
to be performed such work as is necessary to secure compliance and
the permittee and any surety shall be liable for the cost thereof.
The cost of any work which the borough performs or causes to be performed
pursuant to this subsection, and any damages of the sort as to which
a surety bond may be given, may be satisfied in whole or in part out
of the required cash deposit or surety bond.
D.
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit or surety bond, file a corporate bond on a yearly basis in an amount of $10,000. Such corporation bond shall cover all construction operations of the public utility corporation within the borough, thereby excepting the utility from the necessity of filing cash or surety bonds for individual opening projects. However, public utility corporations operating under the terms and protection of a corporation bond shall still be required to make application for each opening permit, to file the minimum fee, as provided in § 143-28A above, and to pay all costs to the borough as calculated under this subsection.
If all required exhibits and fees have been
received to the satisfaction of the Clerk, he or she shall issue the
opening permit, which shall be in a form approved by the borough.
The permit shall contain the following information:
A.
A listing of the supporting documents, plans, specifications,
etc., that are the basis for the permit.
B.
A brief description of the location of the proposed
opening and the work contemplated.
C.
A termination date.
D.
The method of calculation and amount of fees paid.
E.
Any special conditions the borough deems necessary
to impose in special cases.
A.
An opening permit may be renewed for a period of time
not to exceed the total time of the original permit, upon request
of the permittee and upon payment of an additional fee as provided
from time to time by the Mayor and Council.
B.
Opening permits issued under the provisions of this
section are not transferable.
Permits issued under the provisions of this
section shall expire at 12:00 midnight of the day indicated on the
permit or the day of expiration of any extension to the permit. Permits
may be revoked at any time it is found by the Borough Council that
the permittee has failed to comply with the provisions of this section
or the permit, and after 24 hours' written notice has been given to
the permittee without correction of the failure to comply. If it becomes
necessary after permit revocation for the borough to either complete
the work or to refill and repair the opening, the cost of such work
by the borough shall be deducted from any deposit fees that may have
been paid by the permittee; or if a surety or corporation bond has
been given, then the bond shall be declared to be in default to the
extent of the unpaid costs. Reinstatement of revoked permits shall
occur only after favorable recommendation of the Engineer and on a
majority affirmative vote of the Council.
Except for emergencies, at least 24 hours before
the permittee plans to commence work under an opening permit, he or
she shall advise the public works administrator or such other official
of the borough as may be designated by the Council that the work is
to start.
The work shall be done in an efficient and workmanlike
manner and in accordance with the plans and specifications, using
proper tools, machinery, materials and manpower to effect a quality
and expeditious job. Failure to perform in a manner satisfactory to
the Engineer may result in revocation of the permit. Except under
emergency conditions, the opening work shall be conducted between
the hours of 7:00 a.m. and 7:00 p.m., except Sundays and holidays
(New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day,
Christmas Day), when no opening work shall be permitted.
The permittee shall have a qualified supervisor
at the site of the opening work during all working hours.
The Engineer, the Public Works Administrator
or their authorized representatives shall be given access to the construction
site during progress of the work in order to observe and inspect the
work. All materials, including excavated materials, shall be subject
to inspection and approval by such borough officials. Where the planned
opening will be made through, adjacent to or near an existing public
utility facility, the permittee shall notify the utility company,
whose representatives shall be given access to the construction to
observe and inspect that portion of the work involving the utility
facility.
The existing pavement, blacktop or concrete
shall be cut in a straight line or lines prior to any subsurface excavation,
which shall be confined to the area between the cuts. If pavement,
curbing, sidewalk or other surface construction becomes damaged, ragged
or zigzagged when it is time to repave or replace the facility, then
the edges shall be cut or recut in a straight line or lines to the
satisfaction of the Engineer, parallel in general with the lines of
the excavated trenches and in a width sufficient to accommodate the
entire excavation and create a smooth finished appearance when the
construction is complete. When cutting through reinforced concrete
pavement, the saw cutting shall be done in such a way as to permit
the exposing of existing reinforcement which is not to be cut, but
is to be exposed, retained and allowed to project into the excavation
at least 18 inches. These exposed bars shall later be reformed to
tie into the patched concrete. No trees or shrubs may be removed without
permission, and any damaged trees or shrubs shall be replaced.
A.
After the required work or construction has been completed
in the open excavation, backfilling shall be done using excavated
material, if acceptable to the Engineer, or if excavated material
is unacceptable, using imported clean shale, bank run gravel, quarry
blend stone or other acceptable material. In placing backfill, the
permittee or his or her contractor shall use a mechanical or vibrating
tamping device or machine placing fill in six-inch to ten-inch compacted
lifts as directed by the Engineer.
B.
On unimproved roads and shoulders, the backfill shall
be brought up to within seven inches (after compaction) of the existing
surface grade. There shall then be placed five inches of two-and-one-half-inch
crushed stone ballast, which shall be bound on top only with Grade
B screenings, or bank run gravel, quarry blend stone or slag and thoroughly
compacted. The remaining two inches shall be three-fourths-inch crushed
stone, quarry blended with sufficient lines to make a tight, stable
surface.
C.
On improved roads (bituminous pavement), the backfill
shall be brought up to a level relative to the original pavement where
a proper base and bituminous pavement can be constructed in accordance
with the applicable road construction ordinances of the borough, the
requirements of which shall be considered minimum for repaving over
bituminous paved street openings.
D.
On improved roads (portland cement concrete pavement),
the backfill shall be brought up to a level relative to the original
pavement where a proper and complete concrete surface pavement can
be reconstructed at least to the total thickness of the original pavement,
and provided further that a minimum of eight inches of concrete pavement
is reconstructed. Reinforcement, using No. 3 longitudinal reinforcement
bars spaced six inches center-to-center, shall be set in the new concrete,
overlapping with the old exposed bars and of the same approximate
vertical positioning. End surfaces of existing concrete pavement shall
be thoroughly cleaned, soaked with water and cooled with a brush coat
of neat cement prior to placing new concrete in contact with them.
Concrete shall be Class B conforming to the requirements specified
therefor in Article 4.1.2 of the Standard Specifications (1961) of
the New Jersey Department of Transportation.
Where the opening involves cutting through existing
curbs, gutters, sidewalks, driveways and any other surface structures,
the permittee or his contractor shall rebuild or replace such surface
structures as closely as possible duplicating the original as to dimensions,
grade, appearance and materials. Curbs and gutters shall be reconstructed
of State Highway Class B concrete; sidewalks, concrete aprons and
other miscellaneous structures shall be reconstructed of State Highway
Class C concrete or superior. During such work the permittee or his
contractor shall provide temporary paving or surface so as to minimize
impeding both vehicular and pedestrian traffic.
Any existing subsurface pipes, utility lines,
drains, foundations, abutments, inlets or other structures such as
survey markers or monuments that may be disturbed, damaged or removed
during the necessary opening work shall be replaced, rebraced, reconstructed
or repaired under the direction of the Engineer and, if applicable,
the appropriate officials of the utility company whose facility may
be involved. Such replacement, reconstruction or repair shall be made
using materials, methods and standards of workmanship at least equal
to those of the existing feature, or in the case of a public utility
facility, to the standards imposed by the utility. Caution and care
shall be exercised by the permittee so as not to disturb such existing
structures or facilities exposed by the opening, and no blasting shall
be done in these areas.
If and when the borough adopts other ordinances
detailing standards or specification for the construction of any structures
or facilities covered above, then such provisions shall govern the
standards to be applied for openings or excavations under this article.
Pending the actual repaving or reconstruction
operations stated above, the permittee or his contractor shall provide
a temporary pavement or surface over the compacted refilled opening
of such material as is directed by the Engineer. The contractor shall
maintain, refill and temporarily repave the surface from time to time
as required until a permanent pavement has been constructed to provide
properly graded traveling surface. Where a bituminous concrete temporary
pavement is indicated and warranted as determined by the Engineer,
such temporary pavement shall be constructed two inches thick of type
SM bituminous concrete or equivalent material approved by the Engineer.
A.
In cases where it becomes necessary to resort to tunneling
operations to accomplish the opening work in the most practical way,
then the backfill in such tunnel shall be rammed soil composed of
a mixture by volume of one part cement to six parts of aggregate material
such as sand or three-quarter-inch quarry blendstone. Tunneling shall
be permitted only with the approval of the Engineer and when the need
for tunneling is indicated on the application for permit.
B.
Jacking or drilling shall not be considered tunneling.
Jacking and drilling shall be permitted when the need is indicated
on the application for a permit and when other existing structures
or utilities will not be disturbed or damaged thereby.
No blasting shall be allowed unless approved
by the Engineer. Blasting work shall be done only by an experienced
and, where required, licensed dynamiter, and only after all required
safety precautions have been taken and other necessary permits or
additional insurance coverage, if any, as the Mayor and Council requires.
The permittee or his contractor shall remove
all surplus or unusable fill, debris and other materials from the
job site at his own expense. The area shall be left cleaned up at
the end of the work to the satisfaction of the Engineer or Street
Superintendent. Machinery, vehicles and tools of the contractor shall
be promptly removed from the job site when the work is completed.
A.
Safety precautions. The permittee and his or her contractor
shall keep all openings, excavated materials and other machinery,
tools or materials properly guarded and shall place and maintain barricades,
temporary fencing, guards or other appropriate warning devices at
all times during the progress of the work. Adequate flashing warning
lights shall be operated at the opening site to warn the public from
one hour before sunset until one hour after sunrise unless the borough
deems it necessary that it be closed because of any circumstance.
The permittee and his or her contractor shall at all times comply
with all state safety regulations outlined in the Construction Safety
Code of the Department of Labor and Industry, Bureau of Engineering
and Safety, State of New Jersey, effective November 15, 1963.
B.
Cleanliness. If dust, dirt, air pollution, poor housekeeping
or detrimental material are allowed to exist, occur or continue as
a result of the work, to the point where a public nuisance occurs,
in the opinion of the Borough Council or the Engineer, the Engineer
may stop the work until the situation complained of is eliminated.
Streets shall be kept broom-cleaned on a daily basis. If dust persists,
streets may be required to be hosed clean. The Engineer may direct
the permittee or his or her contractor to spread dust-inhibiting chemicals.
C.
Maintenance of traffic. At all times during the course
of construction, at least 1/2 of the traveled way shall be kept open
for public vehicular and pedestrian travel, unless the permittee or
his or her contractor provides and marks to the satisfaction of the
Public Works Administrator a suitable detour. The permittee shall
at all times make provision for local residents to have access to
their properties and shall maintain the roadway and adjacent areas
free from needless obstruction. During all working hours that single-line
traffic is necessary, the permittee shall provide a flagman. No length
of street, road, shoulder or embankment shall be left open at any
one time in excess of 500 lineal feet. No street may be completely
closed to traffic unless authorization is obtained.
D.
Protection of private property. Prior to starting
work on the opening, it shall be the responsibility of the permittee
to advise each nearby or adjacent property owner whose property will
be temporarily inconvenienced or disturbed or whose access or use
of his or her property or the road facilities, utilities or other
features will be affected by the opening work, either directly or
indirectly, when the work will be done and, as far as possible, the
effect it will have in the owner's free use of his or her property.
The permittee shall be solely responsible for any damage, inconvenience
or disruption to nearby or adjacent properties and shall save the
borough harmless for any neglect, real or alleged, that may arise
from the conduct of the work. It shall be the permittee's obligation
and responsibility to arrange for permission to go upon private property
as needed. The permittee shall not store tools, machinery, materials,
dirt or debris on private property, nor use water, electricity, telephone
or other private facilities without first obtaining permission from
the property owner.
E.
Maintenance of newly constructed surface facilities.
The permittee shall assume the responsibility of refilling the excavation,
as it may sink, consolidate or break out from time to time, whether
the repair is temporary or permanent, and keeping the surface level
and smoothly blended with the surrounding undisturbed pavement. After
permanent repavement and approval by the borough, the permittee shall
be responsible for maintaining the opening for 24 months and for refilling,
compacting, repaving, repairing damage and restoring turf or shrubbery,
all as directed by the Engineer when necessary; and in the case of
undue trench settlement, he or she may be required to reopen the trench
or excavation to ascertain the cause of undue settlement and to remedy
the fault, all as required by the Engineer.
All openings made and restored under the terms
of this section and any permits issued shall be subject to final release
and acceptance, in writing, by the Engineer. No deposit money shall
be returned or bond released until the expiration of the twenty-four-month
period specified in § 143-40E, unless the Borough Council
for good cause shown decides otherwise.
A.
The provisions of this section shall not apply to public utility companies operating under special ordinances, franchises or statutes, wherein the utilities make openings under previously established rules, agreements or provisions, and also shall not apply to any person making openings or doing construction, repair or reconstruction work as defined herein on borough roads, public improvements, public property, easements or facilities, under or in pursuance of a contract entered into between such person and the borough, insofar as this section applies to fees, bonds or other deposits required or to applications for permits, as covered by §§ 143-20 through 143-31. Sections 143-21 and 143-33 through 143-41 shall apply to such work done under contract provisions for work involving openings. The provisions of this section also shall not apply to work being done on openings in the borough by working forces of the borough.
B.
The provisions of this section shall not apply to
opening work involved within the rights-of-way of roads or easements
owned, regulated and within the responsibility of the County of Hunterdon
or the State of New Jersey, or their various departments, bureaus
or agencies.
C.
The provisions of this section shall not apply to
the installation, erection, replacement or maintenance of wood utility
poles for electric distribution, telephone or telegraph installations,
nor to such other appurtenances as stubpoles, anchors, guys or ground
lines incidental to these poles, where such poles and appurtenances
belong to any of the franchised public utility companies operating
within the borough.
The provisions of this section shall apply to
openings involved within newly developed major subdivisions in the
borough whenever it is intended that the borough shall accept the
roads, easements or utility facilities within the borough street system,
or for borough maintenance and responsibility, except that whenever
the subdivision construction work, including proposed openings, is
covered under a surety or performance bond arrangement, or a cash
deposit, as a condition imposed for subdivision approval, then no
additional deposit arrangement or permit procedures shall be required
under this section.
At the conclusion of the work, the permittee
shall file with the Borough Clerk three sets of as-built plans or
drawings showing dimensionally all subsurface facilities as finally
located and installed, and also showing changes, if any, made to surface
features. Revisions made to old plans previously filed by the permittee
shall be annotated and dated only for new opening revisions.
Any violation of the provisions of this article
shall be punishable by a fine not exceeding $1,000, imprisonment for
a term not to exceed 90 days and/or a period of community service
not to exceed 90 days. Each day that the violation continues to exist
shall constitute a separate offense.
