Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any state or county road or highway over which the Township has acquired jurisdiction by agreement.
[Amended 11-19-1990 by Ord. No. 14-1990]
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Superintendent of Public Works, except that 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.
Applications for permits shall be made through the Township Clerk and the Township Engineer and shall contain the following information:
A. 
The name and address of the applicant.
B. 
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Township Tax Map block and lot number of the property for the benefit of which the opening is to be made.
D. 
The nature of the surface in which the opening is to be made.
E. 
The character and purpose of the work proposed.
F. 
The time when the work is to be commenced and completed.
G. 
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
H. 
The name and address of the workman or contractor who is to perform the work.
I. 
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 48 hours of the commencement of the same.
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 in the office of the Township Clerk.
[Amended 11-19-1990 by Ord. No. 14-1990; 2-4-2008 by Ord. No. 2-2008]
Fees must be paid when the application is made. The applicant shall be charged a fee as set forth in Chapter A287, Fees.
No permit shall be issued until the applicant has made a cash deposit in an amount determined to be sufficient by the Township Engineer based on current costs of restoration of the surface to be disturbed. The Township Council may waive the requirements of this section in the case of public utilities.
No permit shall be issued until the applicant has furnished the Township Council 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. Under this policy the Township shall be a co-insuree. 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 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 Township Council may waive the requirements of this section in the case of a public utility 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.
All permits issued under this article 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. 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 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. 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. 
All refuse and material must be removed within 48 hours.
D. 
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 or Township Engineer 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 of Public Works determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Department determines that settlement is complete.
E. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
F. 
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.
G. 
If the work is not completed within the time specified in the permit or any extension which may be granted by the Department of Public Works or is not performed in accordance with the regulations set forth in this section 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 cash deposit and any deficiency recovered by an action in any court of competent jurisdiction.
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 Department of Public Works has determined that settlement of the subsurface is complete and the area 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 shall be restored to the satisfaction of the Superintendent of Public Works.
[Amended 11-19-1990 by Ord. No. 14-1990]
A. 
Transferability. Every 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 commenced within that time, the permit shall automatically terminate, unless extended in writing by the Director of Public Works.
C. 
Possession of permit. A copy of the permit together with a copy of the plan approved by the Township Council shall 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 Township.
D. 
Revocation of permit. The Township Council may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this article or any other applicable rule, regulation, law or ordinance.
(2) 
Violation of any condition of the permit issued.
(3) 
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 provision of this Code to constitute a nuisance.
E. 
Modification of permit conditions. In a special case, the Township 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 article shall not apply or shall be altered.
The Director may make any rules and regulations which 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 shall be approved by resolution of the Council. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit.
[Added 4-18-2017 by Ord. No. 7-2017]
Whenever the Township Council enacts an ordinance or resolution providing for the paving or repaving of any street or sidewalk, the Municipal Clerk shall promptly mail a written notice thereof to each person owning sewers, mains, conduits, or other utilities, in or under said street or sidewalk. Such notice shall notify such persons that any application for an excavation permit for openings, cuts or excavations for work to be done in or under said street or sidewalk prior to such paving or repaving shall be submitted promptly in order that the work covered by such excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Municipal Clerk shall also promptly mail copies of such notice to any governmental agencies or departments or other persons who may desire to perform excavation work in said street or sidewalk.
[Added 4-18-2017 by Ord. No. 7-2017]
Within said 45 days, every owner, person, agency or utility receiving notice as prescribed herein shall perform such excavation work subject to the provisions of this article and Article III, as may be necessary to install or repair sewers, mains, conduits, utility installations or other work in said street or sidewalk. In the event any owner, person, agency or utility shall fail within said forty-five-day period to perform such excavation work, any and all rights of such owner, person, agency or utility or their successors in interest to make openings, cuts or excavations in said street or sidewalk shall be prohibited and forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street or sidewalk unless, in the judgment of the Township Manager, an emergency exists which makes it absolutely essential that the excavation be permitted. Any excavation granted by the Township Manager under this subsection shall be conducted in accordance with the standards set by the Township Engineer.
[Added 4-18-2017 by Ord. No. 7-2017]
Every Township department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street or sidewalk is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity of making any openings, cuts or excavations in the new pavement in the Township's streets or sidewalks during said five-year period.
[Added 4-18-2017 by Ord. No. 7-2017]
Violations of the provisions of this article shall be punishable as provided in Chapter 1, § 1-15, General penalty.