[Derived from Sec. 15-1 of the 1969 Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
The Director of the Department of Public Works of the Borough.
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough as a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Director.
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work was begun.
C.
The Department of Public Works may issue permits to other public
bodies without fee.
D.
Whenever the Borough enters into any contract for the paving or repaving
of any Borough roadway, the Director shall notify each owner of real
property, improved or unimproved, abutting such roadway. Such notice
shall notify the owners that no excavation permit shall be issued
for openings, cuts or excavations on such roadway for a period of
three years from the date of the completion of the paving or repaving
unless, in the judgment of the Director, an emergency exists which
deems essential that an excavation permit be issued. In this event,
the applicant for the permit shall execute the necessary legal documents
indemnifying the Borough and further holding harmless the Borough
from any claims from any type of damages which might result from the
granting of the application for the excavation permit. Notice of the
proposed paving or repaving shall be published in a newspaper which
the Borough normally uses for its legal advertising.
E.
No permits will be issued for the opening of water taps, except for
emergency openings, between December 15 and March 1.
The Director is authorized to refuse the issuance of a permit,
if a refusal is in the interest of public safety, public convenience
or public health. If a permit is refused by the Director, an appeal
may be taken to the Borough Council. The Council, after hearing the
applicant, the Director and other evidence that may be produced, may
direct the issuance of a permit or sustain the refusal of the Director.
Application for a permit shall be made to the Department of
Public Works and shall contain the following information:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C.
The Borough Tax Map block and lot number of the property for the
benefit of which the opening is to be made.
D.
Nature of the surface in which the opening is to be made.
E.
Character and purpose of the work proposed.
F.
Time when the work is to be commenced and completed.
G.
The name and address of the worker or contractor who is to perform
the work.
H.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
I.
A statement that the applicant agrees to restore at his/her own expense,
and within 48 hours of the commencement of the work, the street, curb,
gutter and sidewalk to the condition they were at the time the work
was begun.
Permits shall be issued under the authority of the Director
in accordance with the provisions of this article and the regulations
which the Director may establish. The Director shall determine the
initial time limit during which the permit shall be valid.
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the excavation or tunnel
is to be made, the dimensions of the opening and the period during
which the permit shall be valid. The original of each permit shall
remain on file with the Department of Public Works.
Fees shall be paid when the application is made. The applicant shall be charged a fee as set forth in Chapter 91, Fees, for each permit.
A.
Performance bond. No permit shall be issued until the applicant files
at least a $1,000 bond or more. The amount shall be determined to
be sufficient by the Director. The Director may waive the requirements
of this subsection for a public utility on the presentation of satisfactory
proof that the utility is capable of meeting any claims against it
up to the amount of the bond which would otherwise be required. The
bond shall be executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety
and shall be conditioned as follows:
(1)
To indemnify and hold the Borough harmless from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation arising out of injury to any person or property resulting
from any work done by the applicant under the permit.
(2)
To indemnify the Borough for any expense incurred in enforcing any
of the provisions of this article.
(3)
To indemnify any person who shall sustain personal injuries or damage
to his/her property as a result of any act or omission of the applicant,
his/her agents, employees or subcontractors done in the course of
any work under the permit.
(4)
On the applicant's restoring the foundation and surface of the
street for which the permit is granted in a manner acceptable to the
Department of Public Works after a period of 13 months or through
one winter freeze.
(5)
One performance bond may be accepted to cover a number of excavations
by the same applicant. Performance bonds shall remain in force for
a period to be determined by the Department of Public Works.
B.
Maintenance guarantee bond. Any developer, property owner, contractor
or any other person seeking an off-site improvement within the Borough,
including, but not limited to, roadways and streets, wherein the total
cost of such improvement is in excess of $2,500 shall be required
to post a maintenance guarantee bond in an amount not to exceed 15%
of the total cost of the improvement which will remain posted for
a period not to exceed two years in an interest-bearing account.
No permit shall be issued until the applicant furnishes the
Department of Public Works with satisfactory proof that (s)he is insured
against injury to persons and damage to property caused by any act
or omission of the applicant, his/her agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards which may arise in connection with
the work, including, but not limited to, collapse and explosion, and
shall insure against liability arising from completed operations.
The limits of the policy of insurance shall be $100,000 for injury
to any one person, $300,000 for injuries to more than one person in
the same accident and an aggregate of $100,000 for property damage
for a single incident. The Director may waive the requirements of
this subsection for a public utility on the presentation of satisfactory
proof that the utility is capable of meeting claims against it up
to the amount of the limits of the insurance policy which would otherwise
be required.
All permits issued under this article shall be subject to the
following rules and regulations:
A.
All excavations shall be kept property barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B.
All work shall be done in a manner which causes a minimum of interference
with travel on the street affected. No street shall be closed to traffic
unless the closing is approved by the Chief of Police. The Police
Department shall be informed of all street closings at least 24 hours
in advance except where the work is of an emergency nature, when notice
shall be given to the Police Department when work commences.
C.
The Director, upon application by the permittee, may extend the time
limit during which the permit shall be valid.
D.
All refuse and material must be removed within 48 hours.
E.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means in a manner
prescribed by the Department of Public Works. Where the Department
of Public Works determines that the excavated material is unsuitable
for backfill, the permittee shall backfill the excavation with sand,
soft coal, cinders or other suitable material which shall be placed
in layers not exceeding six inches in depth and thoroughly compacted
in the manner prescribed by the Department. Upon completion of the
work, the permittee shall remove any excess material and leave the
premises in a clean condition. If the Department determines that any
backfilled excavation has settled or caved in, it shall notify the
permittee, who shall promptly continue backfilling until the department
determines that settlement is complete.
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
G.
If blasting is required in the course of any excavation, it shall
be done in strict compliance with all applicable state laws and regulations.
H.
If the work is not completed within the time specified in the permit
or any extension granted by the Department of Public Works, or is
not performed in accordance with the regulations set forth in this
subsection and any other regulations that may be established by the
Department of Public Works, then the Department may complete the work
itself and restore the surface of the street. The cost of completing
the work and restoring the street shall be charged to the permittee
and may be deducted from his/her deposit or recovered by an action
in any court of competent jurisdiction.
The permittee shall restore the surface of the street in accordance
with the following rules, regulations and requirements:
A.
No permittee shall commence the restoration of any street foundation
or surface until the Department of Public Works determines that settlement
of the subsurface is complete and the area properly prepared for restoration.
B.
The Director is to be notified whenever a roadway is to be replaced,
allowing for site inspection while the work is actually being done.
C.
All excavations are to be evenly cut allowing for a uniform finish
on the roadway after repair.
A.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not begun
within that time, the permit shall automatically terminate unless
extended in writing by the Director.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Director, shall be kept
in the possession of the person actually performing the work and shall
be exhibited on demand to any authorized employee of the Department
of Public Works or to any police officer of the Borough.
D.
Revocation of permit.
(1)
The Director may revoke a permit for any of the following reasons:
(a)
Violation of any provision of this chapter or any other applicable
rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Performing work under the permit in a manner which endangers
life or property, or which creates any condition which is unhealthy,
unsanitary or declared by any provision of this Code to constitute
a nuisance.
(2)
The procedure for revoking a permit shall be the same as that set
forth in this Code for the revocation of licenses, except that the
initial hearing shall be before the Director with a right of appeal
to the Council; and the Director may provide in his/her decision that
the revocation shall not become effective if the permittee corrects
the violation within a specified period of time.
E.
Modification of permit conditions. In a special case the Council
may, by resolution, impose special conditions to which the issuance
of the permit may be subject, or may decide that any provisions of
this article shall not apply or shall be altered.
The Director may make any rules and regulations which (s)he
considers necessary for the administration and enforcement of this
article; but no regulation shall be inconsistent with, alter or amend
any provision of this article, or impose any requirement which is
in addition to those expressly or by implication imposed by this article.
No regulations shall be effective unless they are approved by resolution
of the Council. Copies of all current regulations shall be furnished
each permittee at the time of the issuance of the permit.
The provisions of this article shall not apply to public utility
companies having separate contracts with the Borough or operating
on special ordinances or statutes; nor to any person laying any sidewalk,
pavement or sewer, or doing any other work in any of the streets,
avenues, roads or highways under and in pursuance of a contract entered
into between such person and the Borough, except insofar as the work
is not included in the contract.
