No person shall make any opening or cause any opening to be made in any street in the Borough for the purpose of making any connection with any sewer, water or gas main, pipe or conduit or any other main, pipe or conduit or for the erection of any pole for any other purpose whatsoever without first obtaining a permit from the Borough to do so.
A separate permit shall be obtained for each opening.
Application for permission to make any opening shall be made in writing and signed by the person requesting permission to make such opening or by the duly authorized agent of such person on a form to be furnished by the Department of Public Works, Parks and Recreation in the Borough. The same shall be subject to approval by the Director of Public Works or his designee. Such application shall be accompanied by the required fee set forth in Chapter 220, Fees. A description of the work, including location, size and purpose shall be included with the application.
Every application for a permit to make any opening in any street in the Borough involving the laying of any sewer, water or gas main, pipe or conduit, or any other main, pipe or conduit, shall be accompanied by a map or sketch showing the location of the work. In the discretion of the DPW Director, a map prepared by a licensed engineer of the State of New Jersey and showing, at a minimum, all mains, pipes and conduits already laid or existing in the street at, near and about said proposed opening may be required.
Every applicant shall provide evidence at the time of application that there has been compliance with all applicable law, including specifically state law commonly referred to as "New Jersey One Call" (N.J.S.A. 48:2-74 et seq.). In addition, a certificate of insurance shall be provided with coverage as determined by the DPW Director but in no event not less than $50,000 nor more than $300,000 for injury to a person and $50,000 property damage coverage. For work requiring the excavation of a trench in excess of 100 square feet or 50 linear feet, the applicant shall post a performance bond and a two-year maintenance bond in such sum as may be determined by the DPW Director and based upon estimate by the Borough Engineer.
In the case of a public utility, regulated by the Board of Public Utilities, a blanket bond and blanket insurance policy may be substituted for the coverage called for above. In addition, where work must be undertaken by the utility on an emergency basis and a permit cannot reasonably be obtained, the work may commence, upon notice to the Hawthorne Police Department, with an application for a permit to be applied for on the next business day.
No permit shall be issued where a road has been resurfaced, rebuilt or repaved for a period of five years from completion of the same except in the case of an emergency. The need to make such incursion and determination as to whether or not the same is an emergency shall be vested in the DPW Director. In such event, the incursion into the road shall be repaired on a curb-to-curb basis or by means of infrared repair, as determined by the Borough Engineer or DPW Director in his sole and absolute discretion.
In the event the work entails any work to sidewalks or curbs, a separate permit shall be required in accordance with ordinance pertaining to the same.
The Department of Public Works, Parks and Recreation of the Borough of Hawthorne shall have full supervision over any opening to be made in any street under any permit granted hereunder. No work may commence, except where undertaken by a regulated utility in the case of an emergency, as noted above, until the permit shall issue. All work shall be commenced within 10 days of the date of the issuance of said permit, and such work shall proceed with due diligence to its completion. If for any reason the work on said opening is not commenced within said period of the 10 days, the permit shall be void unless an extension of time is granted by the Borough, in writing, endorsed on said permit.
The Borough may at any time revoke or annul any permit or extension endorsed thereon for cause, or for making any opening not in accordance with the permit granted, or for failure or neglect to pursue the work in accordance with such permit, or by reason of any condition that may be disclosed at any time prior to or during said opening which would, or the Borough fears might, prove to be dangerous or injurious to any person or property or the Borough deems harmful to or not for the best interests of the Borough, and every person receiving a permit or any extension thereof shall accept the same, subject to the foregoing provisions, without any liability or responsibility attaching to the Borough for any loss or damage that might result by reason of such revocation.
All work shall be completed in accordance with State of New Jersey, Department of Transportation Standards, for roads and bridges and Passaic County standards for road openings as well. The DPW Director reserves the right to promulgate additional standards or deviations from the above standards from time to time.
All work shall follow OSHA standard where required.
At a minimum, all excavation work shall be done is such a manner as to preserve the roadway from unnecessary destruction or damage. Work shall proceed as a continuous operation. All backfilling shall be on notice to the office of the Director of Public Works. Material shall be as approved by the Director, in accordance with the above standards.
Traffic safety is to be observed at all times. Where work extends to the full width of the road, only 1/2 of the road shall be opened at any one time so as to permit continuous traffic flow. Wherever required by the Director, the applicant shall employ traffic safety personnel in accordance with the ordinance regulating the same.
The excavation and all piles of excavated material or any material used in the work to be performed in the opening for which a permit is issued shall be carefully guarded and lighted or caused to be carefully guarded and lighted by the person to whom such permit has been issued, who shall be liable for all loss and damage caused by the prosecution of the work or the failure to properly guard or maintain said opening.
No work shall take place nor opening made on Saturdays or Sundays or any holiday unless an emergency exists and the same has been approved by the Director or undertaken by a regulated utility as set forth herein. No opening shall be made and left open on an overnight basis and all openings will be made passable to traffic at the end of each day. Steel plates with pins shall be utilized where needed. No openings shall be made over a weekend or a holiday except in the case of an emergency, as noted herein, or as approved by the Director.
Nothing contained in this article shall be construed as requiring the issuance of a permit for the performance of any opening made by the Borough or under a contract with the Borough for the construction of sewers or street improvements.