[1972 Code § 18-1.1]
As used in this section, the following words shall have the following meanings:
- shall mean the Superintendent of Public Works.
- shall mean any road, highway, public way, public alley, easement or other right of way accepted or maintained by the municipality as a public street, as well as any State or County road or highway over which the municipality has acquired jurisdiction by agreement.
[1972 Code § 18-1.2]
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Director.
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 has begun.
The Department of Public Works may issue permits to other public bodies without fee.
[1972 Code § 18-1.3]
The Director is authorized to refuse the issuance of any permit if a refusal is in the interest of public safety, public convenience or public health. In the event that any permit shall be refused by the Director, an appeal may be taken to the Council. The Council, after hearing the applicant and the Director and other evidence as may be produced, may either direct the issuance of a permit or sustain the refusal of the Director.
[1972 Code § 18-1.4]
Applications for a permit shall be made to the Department of Public Works and shall contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The municipal tax map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
The name and address of the workman or contractor who is to perform the work.
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within forty-eight (48) hours of the commencement of same.
[1972 Code § 18-1.5]
Permits shall be issued under the authority of the Director and in accordance with the provisions of this section and the regulations which the Director may establish. The Director shall determine the initial time limit during which the permit shall be valid.
[1972 Code § 18-1.6]
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.
[1972 Code § 18-1.7; New]
Fees must be paid when the application is made.
The applicant shall be charged a fee of one hundred ($100.00) dollars for each permit where the road opening measures not more than ten (10) square feet. For road openings measuring more than ten (10) square feet, an additional fee of two ($2.00) dollars for each square foot over that shall be charged.
A deposit of one thousand ($1,000.00) dollars shall be made by each applicant for a road opening permit to insure the proper restoration of the surface and foundation of the street for which the permit is granted in a manner acceptable to the Department of Public Works. The deposit amount may be increased in the discretion of the Director.
The Borough of Woodland Park will furnish an inspector for each day during the time the applicant is saw cutting, back filling and paving the opening. During normal working hours, no additional fee will be charged for an inspector. Outside of normal working hours, prior to 7:30 a.m. and after 4:00 p.m. Monday through Friday inclusive, and during all times on Saturday, Sunday, and the Borough of Woodland Park's holidays; when a Borough Inspector must be assigned to be present for saw cutting, back filling and paving the opening, the applicant will be liable to reimburse the Borough of Woodland Park for the services of the Inspector at the prevailing rate of wage, for each work day from the time the road is to be opened until the back filling with the approved materials and restoration of the pavement or roadside is completed. The applicant will be charged for the costs incurred as stipulated for any minimum overtime cost in the Union Contract for the employee, even if the operation is less than the minimum time.
[1972 Code § 18-1.8]
No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Director and in no case shall the bond amount be less than three thousand ($3,000.00) dollars. The Director may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it 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:
To indemnify and hold harmless the municipality 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.
To indemnify the municipality for any expense incurred in enforcing any of the provisions of this section.
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
Notwithstanding the provision of subsection 24-1.7c, the bond shall also be conditioned upon the applicant's restoring surface and foundation of the street for which the permit is granted in a manner acceptable to the Department of Public Works.
One bond 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 Department of Public Works.
[1972 Code § 18-1.9; New]
No permit shall be issued until the applicant has furnished the Department of Public Works with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, 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 limits of the policy or insurance shall be one hundred thousand ($100,000.00) dollars for injury to any one (1) person, three hundred thousand ($300,000.00) dollars for injuries to more than one (1) person in the same accident, and an aggregate of one million ($1,000,000.00) dollars for property damage for a single incident. The Director may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[1972 Code § 18-1.10]
All permits issued under this section shall be subject to the following rules and regulations:
All excavations shall be kept properly 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.
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 Chief of Police and the Director is notified by the permittee. The Police Department shall be informed of all street closings at least twenty-four (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.
The Director may, upon application by the permittee, extend the time limit during which the permit shall be valid.
All refuse and material must be removed within forty-eight (48) hours.
All excavations shall be completely back filled 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 back fill, the permittee shall back fill the excavation with sand, soft coal, select fill, quarry process 3/4 stone or other suitable material which shall be placed in layers not exceeding six (6) 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 back filled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue back filling until the Department determines that settlement is complete.
If tunneling operations are required, the tunnel shall be back filled with rammed concrete composed of one (1) part cement to ten (10) parts sand.
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.
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/or municipal inspection for restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
[1972 Code § 18-1.11]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
No permittee shall commence the restoration of any street foundation or surface until the Department of Public Works has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
The street surface shall be restored so as to extend six (6) inches beyond the excavation on all sides.
The street surface shall be restored to the satisfaction of the Director.
[1972 Code § 18-1.12]
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of Work. Work under a permit shall commence within forty-five (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 Director.
Possession of Permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Director must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Department of Public Works or to any Police Officer of the municipality.
Revocation of Permit. The Director may revoke a permit for any of the following reasons:
Violation of any provision of this section or any other applicable rules, regulations, laws or ordinances;
Violation of any condition of the permit issued.
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 the Code to constitute a nuisance.
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 decision that the revocation shall not become effective if the permittee corrects the violation within a specific period of time.
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 provision of this section shall not apply or shall be altered.
[1972 Code § 18-1.13]
The Director may make any rules and regulations which he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be 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.
[1972 Code § 18-2.1]
It shall be unlawful for any person to construct or remove, or cause to be constructed or removed any sidewalk, driveway apron, curb or gutter or any part thereof within any public right of way in the municipality without first having obtained permit to do so from the Director.
[1972 Code § 18-2.2]
Application for a permit under this section shall be made to the Director of Public Works by the owner of the premises or his agent upon forms provided by the municipality and shall contain the following information:
The name and address of the applicant.
The name and address of the person who is to perform the proposed work, and the name and address of the owner of the property on which the work is to be performed, of other than the applicant.
The location, by street number or otherwise, of the premises where the work is to be done.
The estimated cost of the proposed work.
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property and, in the case of a driveway apron, its slope or pitch.
Any other information that the Director of Public Works deems necessary in order to determine whether the work will comply with this chapter.
[1972 Code § 18-2.3; New]
A fee of twenty-five ($25.00) dollars shall be charged for each permit and in addition the applicant shall pay the cost of all tests which the Director of Public Works deems necessary. The fee shall be paid at the time the application is filed, and the cost of all proposed tests shall be paid prior to the issuance of any permit.
[1972 Code § 18-2.4; New]
All materials and work shall be in accordance with municipality specifications on file in the office of the Department of Public Works.
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with municipality specifications.
No concrete sidewalk, apron or curb shall be replaced or covered with blacktop.
Whenever a "curb cut" or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The permit fee for same shall be twenty-five ($25.00) dollars. The breaking and recapping of curbing is specifically prohibited.
[1972 Code § 18-2.5]
The applicant shall notify the Department of Public Works at least twenty-four (24) hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter so that the Department may arrange for adequate inspection and testing.
[1972 Code § 18-2.6]
This section shall not apply to:
[Ord. No. 98-14 § 1]
There are certain private or non-dedicated streets within the Borough of Woodland Park; and certain of these private or non-dedicated streets are in need of repair, and/or maintenance or need lighting or removal of snow, garbage or other obstructions; the Borough Council may determine it to be in the interest of the community to expend public money to repair and/or maintain certain private or non-dedicated roads having sufficient traffic to justify such expenditure or provide lighting or snow removal, garbage removal or removal of other obstructions for such roads.
Pursuant to N.J.S.A. 40:67-23.1, the Borough may, by resolution, in any fiscal year it chooses, elect to repair or maintain any private or non-dedicated street within its borders having sufficient travel to justify such expenditures of public money or to provide lighting, or snow removal, garbage removal or other obstructions for such roads.