[Adopted 12-11-1973 by Ord. No. 24-73[1]]
[1]
Editor's Note: This ordinances supersedes former Article
VI, Street Excavations, adopted 3-10-1970 by Ord. No. 2-70, as amended
12-14-1971 by Ord. No. 15-71.
This article shall be known as and may be cited as the "Washington
Borough Street Opening Ordinance."
A.
No person, firm or corporation shall hereafter open, dig up, excavate
or disturb the surface of any part of the public streets or highways
of the Borough of Washington without having obtained a street opening
permit as hereinafter provided.
B.
For purposes of this article, unless otherwise provided, "public
street or highway" shall be defined as including all passages designed
for the passage of motor vehicles, whether owned by any public agency
or not, and whether or not maintained at public expense.
[Amended 11-17-2008 by Ord. No. 13-2008]
Street opening permits shall be obtained in the following manner:
A.
Application in writing shall be made to the Borough Clerk and signed
by the person, firm or corporation making the proposed street opening
or excavation, setting forth the location of the proposed opening
or excavation, the size thereof and the purpose therefor. The application
shall then be forwarded to the Borough Engineer for his review and
approval and calculation of the appropriate performance and maintenance
bond and escrow deposit. If the Borough Engineer approves the application,
he shall endorse his approval upon the face of the application and
shall then return the application, along with the calculations as
to the performance and maintenance bond and the escrow deposit required,
to the Borough Clerk, who shall then issue the permit. Applicants
shall allow for a seven-day review period on street opening applications.
B.
Before the permit shall be issued by the Borough Clerk, the person,
firm or corporation making the application shall have on file with
the Borough Clerk a performance and maintenance bond issued by a surety
company authorized to do business in this state, covering the opening
or excavation set forth in the application and any and all future
openings and excavations to be made in a calendar year, as well as
maintenance of the work in the amount of: 1) for a public utility
applicant, the amount calculated by the Borough Engineer unless the
utility posts an annual performance guarantee with the Borough of
at least $10,000; 2) for a non-utility applicant, the amount calculated
by the Borough Engineer, which shall be a minimum of $500. Said bond
shall be conditioned upon the permittee's compliance with this
article and to indemnify the Borough from any loss, liability or damage
that may result or accrue from or because of the making, existence
or manner of constructing or guarding any such opening or excavation
during the term of said bond. The maintenance period of the bond shall
be one year. At the end of the maintenance period, the Borough Engineer
shall perform a final inspection. The Borough Engineer's approval
shall be required for release of the bond and escrow after the final
inspection.
C.
The person, firm or corporation making and signing the application
shall comply with all the provisions of this article as hereinafter
set forth.
D.
The fee for such permit shall be $100 per opening. Such fee shall
be due and payable at the time the application is made to the Borough
Clerk. In addition to the foregoing, the applicant shall provide an
escrow deposit from which the Borough will deduct. The amount of the
deposit shall be as calculated by the Borough Engineer, with a minimum
escrow deposit of $500 for public utility applicants and a minimum
of $300 for non-utility applicants.
E.
No road openings shall be permitted between November 30 and April
1 unless the opening is needed to address emergency conditions.
The Borough Clerk shall provide each permittee, at the time
a permit is issued hereunder, a suitable placard upon which is written
the following notice: "Borough of Washington, N.J. Permit No. ___
Expires: _________" It shall be the duty of any permittee to keep
the placard posted in a conspicuous place at the site of the excavation
work. It shall be unlawful for any person to exhibit such placard
at or about any excavation not covered by such permit, or to misrepresent
the number of the permit or the date of expiration of the permit.
It shall be unlawful to make any opening or excavation in any
way contrary to or at variance with the terms of the permit therefor.
Proper bracing shall be maintained to prevent the collapse of adjoining
ground, and the excavation shall not have anywhere below the surface
any portion which extends beyond the opening at the surface.
No injury shall be done to any pipes, cables or conduits in
the making of such excavations or openings, and notice shall be given
to the persons maintaining any such pipes, cables or conduits, which
are or may be endangered or affected by the making of any such excavations
or openings, before such pipes, cables or conduits shall be disturbed.
A.
The area of pavement to be removed from the proposed opening or excavation
shall have straight clean-cut edges, and the material removed from
the excavation shall be removed from the site and disposed of in a
manner directed by the Borough Engineer.
B.
Upon completion of the proposed work in the excavated area, the trench
shall be backfilled with broken stone or stone dust. The backfilling
shall be made in layers not to exceed six inches in depth and be thoroughly
compacted, and shall be carried to within six inches of the surface
of the existing bituminous pavement.
C.
Upon completion of the compacted backfilling of the trench to the
required elevation, the backfilled area shall be paved with four inches
compacted thickness of bituminous stabilized base course and two inches
compacted thickness of FABC-1 bituminous surface course.
D.
In areas where concrete pavement is removed for the proposed excavation,
the compacted backfill shall be completed as above to the subgrade
of the existing pavement and repaved with an equal thickness of concrete
pavement.
E.
All of the backfilling and repairing of the excavated area shall
be done in a neat and workmanlike manner so that the restored pavement
meets the existing surrounding pavement as smoothly as possible. All
of the cost of backfilling and repairing shall be borne by the permittee.
F.
All repairing shall be completed within three days of the date that
backfilling is completed.
No part of a trench or excavation shall be tunneled or undermined,
except in such cases as may be approved by the Borough Engineer.
If the permittee fails to complete the excavation work covered
by the permit, including backfilling as set forth in this article,
within the time set by said permit, the Borough Engineer, if he deems
it advisable, shall have the right to do all work and things necessary
to complete the excavation work. The permittee shall be liable for
the actual cost thereof and 25% of such cost, in addition to general
overhead and administrative expenses.
In the event of any emergency in which a sewer main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person, firm or corporation owning
or controlling such sewer main, conduit or utility, without first
applying for and obtaining an excavation permit hereunder, shall immediately
take proper emergency measures to cure or remedy the dangerous condition
for the protection of property, life, health and safety of individuals.
However, such person, firm or corporation owning or controlling such
facility shall apply for an excavation permit not later than the end
of the next succeeding day during which the Borough Engineer's
office is open for business, and shall not proceed with permanent
repairs without first obtaining an excavation permit hereunder.
Whenever the Mayor and Common Council enacts any ordinance or
resolution providing for the paving or repaving of any street, the
Borough Engineer shall promptly mail a written notice thereof to each
person, firm or corporation owning any sewer main, conduit or other
utility in or under said street. Such notice shall notify such persons,
firms or corporations that no excavation permits shall be issued for
openings, cuts or excavations in said street for a period of five
years after the date of enactment of said ordinance or resolution.
Such notice shall also notify such person, firm or corporation that
application for excavating permits for work to be done prior to such
paving or repaving shall be submitted promptly in order that the work
covered by the excavation permit shall be completed as soon as practicable,
and in no event later than the date specified in the permit for the
excavation work therefor. During the five-year period, no excavation
permit shall be issued to open, cut or excavate in said street unless,
in the judgment of the Borough Engineer, an emergency as described
in this article exists which makes it absolutely essential that the
excavation permit be issued.
Each permittee shall conduct and carry out the excavation work
in such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable
in the performance of the excavation work noise, dust and unsightly
debris, and shall promptly remove from the street all excess of excavated
materials.
All persons firms or corporations granted a permit to make an
opening or excavation in the public streets and highways of the Borough
shall, at all times, maintain suitable barricades and guards, display
proper warning and signals and flags, and provide all necessary watchmen
to prevent injury to any person or damage to any vehicle by reason
of the work. Such barricades shall be protected by sufficient lights
at nighttime. Streets and highways must be kept open for traffic at
all times, except when otherwise ordered or approved by the Borough
Engineer.
No street or highway shall remain open because of any permit issued pursuant to this article for a period in excess of two weeks, unless the Borough Engineer shall approve a greater period of time either at the time of the application for the permit or subsequent thereto. If the Borough Engineer shall approve such a period of time at the time the application is submitted, it shall be so endorsed upon the application, and if approved subsequently, such approval shall be in writing and an endorsement to that effect attached to the placard required in § 75-37. In any event, no such approval shall be granted except on written application, signed by the permittee or applicant, setting forth the reasons for such application.
Users of subsurface street space shall file accurate drawings,
plans and profiles showing the location and character of all existing
underground structures and installations with the Borough Engineer
within two years after enactment of this article. Corrected maps shall
be filed with the Borough Engineer within 60 days after new installations,
changes or replacements are made.
A permittee, prior to commencement of excavation work hereunder,
shall furnish the Borough Clerk satisfactory evidence in writing that
the permittee has in force and will maintain in force during the performance
of the excavation work and the period of the excavation permit public
liability insurance of not less than $50,000 for any one person and
$100,000 for any one accident and property damage insurance of not
less than $5,000 duly issued by an insurance company authorized to
do business in this state.
The Borough Engineer shall verify the extent of the excavation
or opening and shall inspect and generally supervise the work.
This article shall not be construed as imposing upon the Borough
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued, hereunder; nor shall the Borough
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
Every person, firm or corporation found guilty of violating
any of the provisions of this article shall be liable to a fine of
not more than $200 or imprisonment in the county jail for not more
than 90 days, or both. Each succeeding day of violation shall be construed
to be a new violation.
