[Adopted 11-7-2011 by Ord. No. 2011-14[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Openings and Excavations, adopted 12-27-1943 by Ord. No. 125, as amended.
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Superintendent of Public
Works. With the approval of the Superintendent of Public Works. public
utilities may apply for a blanket permit valid for one year to cover
all street openings within that time period. Public utilities receiving
such blanket permits shall notify the Superintendent of Public Works
of each proposed street opening at least 24 hours prior to any work
being started except in case of emergencies, in which case notice
must be given within 24 hours after work has been initiated.
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 practicable
but in no event later than 48 hours after commencement of the work.
When issued, the permit shall be retroactive to the date on which
the work was begun.
C.
If any permit is refused by the Superintendent of Public Works, an
appeal may be taken to the Borough Council. After hearing the applicant
and the Superintendent and any other evidence as may be produced,
the Borough Council may either direct the issuance of such permit
or sustain the refusal of the Superintendent of Public Works.
A.
Applications for a permit shall be made to the Superintendent of
Public Works and contain the following information:
(1)
The name and address of the applicant.
(2)
The name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(3)
The purpose of the work proposed.
(4)
The time when the work is to be commenced and completed.
(5)
The name and address of the workman or contractor who is to perform
the work.
(6)
A statement that the applicant agrees to replace, at applicant's
own cost and expense, the street, curb, gutter and sidewalk and all
other improvements (including, but not limited to, trees, grass and
other plantings) damaged by his work in the manner and within the
time schedule stipulated by the Superintendent.
B.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
Permits shall be issued under the authority of the Superintendent
of Public Works and in accordance with the provisions of this section
and the regulations which the Superintendent may establish. The Superintendent
shall determine the initial time limit during which the permit shall
be valid.
A.
No permit shall be issued until the applicant has filed a bond or
made a cash deposit in an amount determined to be sufficient by the
Superintendent to cover the cost of the restoration. The Superintendent
may waive the requirements of this subsection in the case of public
utilities upon the presentation of satisfactory proof that the utility
is capable of meeting any claims against it up to the amount of the
bond or deposit 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.
B.
The bond or deposit shall also be conditioned upon the applicant's
restoring the surface and foundation of the street for which the permit
is granted in a manner acceptable to the Superintendent of Public
Works.
C.
One bond or deposit may be accepted to cover a number of excavations
by the same applicant. Bonds shall remain in force for a period to
be determined by the Superintendent.
No permit shall be issued until the applicant has furnished
the Superintendent with satisfactory proof that applicant is insured
against injury to persons and damage to property caused by any act
or omission of the applicant or his agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards likely to arise in connection with
the work, including but not limited to collapse and explosion, and
shall also insure against liability arising from completed operations.
The insurance shall be in the occurrence form and the limits of the
policy shall be at least $1,000,000 combined single limit, naming
the Borough as an additional insured, subject to modification by regulation
promulgated by the Superintendent of Public Works in consultation
with the Borough's insurance carrier in response to market conditions.
The Superintendent may waive the requirements of this subsection in
the case of public utilities upon 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 section shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. The 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 such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Director of
Public Safety. 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. If for any reason the Police Department is required
for safety purposes, the applicant will incur the cost of such services.
C.
The permittee shall have personnel on the job site who have personal
knowledge of the location of valves controlling the water system in
the area of their work and have proper wrenches on the job site to
operate the valves in the case of emergency.
D.
All gutters and drainage ways shall be kept open by temporary pipes,
pumping or other appropriate means to avoid flooding or blocking of
surface water. Trained workers shall be assigned to assure uninterrupted
and adequate plumbing.
E.
The Superintendent may extend the time limit during which the permit
shall, upon application by the permittee, be valid.
F.
All refuse and material shall be removed within 48 hours.
G.
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 Superintendent. Where the Superintendent determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with quarry blend stone 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
Superintendent. Upon completion of the work, the permittee shall remove
any excess material and leave the premises in a clean condition. If
the Superintendent determines that any backfilled excavation has settled
or caved in, he shall so notify the permittee, who shall promptly
continue backfilling until the Superintendent determines that settlement
is complete.
H.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
I.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
J.
The work is not completed within the time specified in the permit
or any extension granted by the Superintendent or is not performed
in accordance with the regulations set forth in this article and any
other regulations that may be established by the Superintendent of
Public Works, then the Superintendent may complete the work himself
or herself 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 the permittee's deposit or recovered
by an action in any court of competent jurisdiction.
K.
The provisions of this article and the rules and regulations promulgated
pursuant to this ordinance shall be binding on the permittee and have
the same effect as if fully set forth in the permit.
L.
The penalty for violations of this article shall be a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof
In all cases, 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 Superintendent has determined that settlement
of the subsurface is complete and the area is properly prepared for
restoration.
B.
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
C.
The street surface and foundation shall be restored to the satisfaction
of the Superintendent of Public Works.
A.
Transferability. A permit shall apply only to the person or entity
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 commenced
within that time, the permit shall automatically terminate unless
extended, in writing, by the Superintendent.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan, endorsed with the approval of the Superintendent, shall
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized representative
of the Superintendent or to any police officer of the Borough.
D.
Revocation of permit.
(1)
The Superintendent may revoke a permit for any of the following reasons:
(a)
Violation of any provision of this article or any other applicable
rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on 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 for the
revocation of licenses, except that the initial hearing shall be before
the Superintendent with a right of appeal to the Borough Council,
and the Superintendent may provide in his decision that the revocation
shall not become effective if the permittee corrects the violation
within a specified period of time.
No excavation shall be allowed or permit issued when a street
has been paved within the previous five years unless:
A.
The applicant or public utility can clearly demonstrate to the Superintendent
of Public Works that an emergency condition exists which makes it
essential that the excavation take place; or
B.
The excavation is necessary to provide utilities to a newly constructed
house or building; or
C.
In the
judgment of the Borough Council, the applicant can clearly demonstrate
that the public health or safety requires that the proposed work be
permitted.
