As used in this article, the following terms
shall have the meanings indicated:
A person applying for a permit hereunder.
The Borough Clerk of the Borough or representative designated
by the Borough Manager.
The Chief of Police of the Borough.
The Director of Public Works of the Borough or representative
designated by the Borough Manager.
Any day designated as such by the State of New Jersey or
the Borough of Mountain Lakes.
The cost of supervising and inspecting the work by the Director
of Public Works or his representative at prevailing per diem rates
on file with the Borough Clerk.
The opening, excavation, digging or other such activity under,
over or through any street, as well as any appurtenances thereto,
within the Borough.
The occupational health and safety regulations prescribed
by the Occupation Health and Safety Administration, United States
Department of Labor.
A street opening permit.
A person to whom a permit has been granted.
The right-of-way of any municipal street, road, highway,
alley or other public thoroughfare or easement within the Borough.
Saturday and Sunday.
No person shall open a street within the Borough
for any purpose without first having obtained a permit therefor in
accordance with the provisions of this article.
[Amended by Ord. No. 13-96; Ord. No. 9-97]
A.
No person shall open any street or public place in
the Borough for any purpose whatsoever without first having submitted
a written application on forms provided by the Borough Clerk and obtained
a written permit from the Borough Clerk authorizing the same.
B.
The fee for such a permit shall be as provided for
in § 111-3C. A public utility shall be exempt from the permit
fee but shall be required to post a single bond annually to cover
all work done by it within the Borough. The amount of the bond posted
shall be fixed by the Borough Manager in such amount as shall be reasonably
related to the amount of the work done by such public entity annually
within the Borough.
C.
The permit application shall state the purpose of
the proposed street opening, the type and depth of the installation,
if any, to be accomplished and shall include a statement by the applicant
agreeing to undertake all work in accordance with the provisions of
this article and with all regulations which may be adopted under this
article. The application shall be accompanied by a detailed plan showing
both the proposed street opening and the proposed work to be undertaken.
D.
In addition to the standard street opening permit
fee, there shall be a sliding scale fee for any permits issued for
street openings in recently improved streets. The sliding scale fee
shall be as provided for in § 111-3C. The applicable sliding
scale fee shall be based on the street improvement completion date
as certified by the Borough Manager, Director of Public Works or Borough
Engineer.
A.
Upon receipt of an application for a permit, the Borough
Clerk shall make a notation of the filing date and then submit the
same to the Director of Public Works for a review.
B.
The Director of Public Works shall determine if the
application and plan have been properly and adequately prepared and
completed. If not so prepared and completed, both shall be returned
to the Borough Clerk, who shall return the same to the applicant.
If properly and adequately prepared and completed, the Director of
Public Works shall, within 14 calendar days, signify his disapproval
or approval thereof upon the application and return the application
and plan to the Borough Clerk along with:
(1)
A statement of the amount of the cash deposit required by § 204-11A(1).
(2)
A statement of the amount of the bond required by § 204-11A(2).
C.
The Borough Clerk shall execute and deliver the permit to the applicant if and when the applicant submits to the Borough Clerk the cash deposit and the bond in the amounts fixed by the Borough Manager, with the advice of the Director of Public Works, and the certificate of insurance required by § 204-11A(3).
A.
The complete blocking of a street during street opening
work is expressly prohibited, unless approved by the Borough Manager
or his designated representative. Whenever feasible to do so, installation
shall be driven or bored under the street and the street thus not
excavated. The permittee shall provide the Borough Manager, Department
of Public Works, and Police Department/Fire Department with a complete
list of emergency telephone numbers of all contractors and subcontractors.
B.
Each street opening shall be accomplished in accordance
with:
(1)
Regulations adopted by resolution of the Borough Council,
as recommended by the Borough Manager with the advice of the Director
of Public Works, as may, from time to time, be amended or supplemented,
and which shall contain specifications and requirements for work necessary
or incident to street openings, including but not limited to:
(a)
Pavement cutting methods.
(b)
Backfilling methods and materials.
(c)
Disposal of excess excavated material.
(d)
Restoration of the surface of the land within
embankments.
(e)
Seeding of slopes and embankments.
(f)
Repair or replacement of disturbed, damaged
or destroyed roadway installations, utility lines, drainage or septic
systems and other property or improvements.
(g)
Methods and materials for temporary pavement
replacement.
(h)
Methods and materials for permanent pavement
replacement.
(2)
Regulations adopted by resolution of the Borough Council
as recommended by the Borough Manager, with the advice of the Chief
of Police and Fire Chief, as may, from time to time, be amended or
supplemented, which shall contain specifications and requirements
relating to the work from the standpoints of pedestrian and vehicular
traffic control and the general public safety, including but not limited
to:
(a)
Blasting.
(b)
Regulations concerning traffic flow.
(c)
Pedestrian safety.
(d)
Parking of contractor personnel vehicles and
storage of equipment.
(e)
Flagmen, as well as warning and traffic control
signs, barricades and devices.
(f)
Street accessibility to the passage of fire
apparatus, police vehicles, ambulances, and other emergency or essential
equipment.
(3)
The advice and instructions of the Environmental Commission,
with which the applicant shall consult whenever any work shall or
may involve drainage, stream encroachment, surface water runoff or
sedimentation, and the Shade Tree Commission as to any work which
may involve trimming, pruning or removal of trees or shrubs within
the right-of-way, or the cutting of tree roots, as may be required
by the Borough Manager.
C.
The permittee shall at all times and at his own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other means suitable for the purpose.
Where, in the protection of such property, it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain written permission from the owner
of such private property for such purpose. The permittee shall, at
his own expense, shore up and protect all buildings, walls, fences
or other property likely to be damaged during the progress of the
excavation work and shall be responsible for all damage to public
or private property or highways resulting from his failure to protect
and carry out such work. All construction and maintenance work shall
be done in a manner calculated to leave the area clear of earth and
debris and in a condition as nearly as possible to that which existed
before such work began.
D.
The permittee shall conduct and carry out any excavation
work in such a manner as to avoid unnecessary inconveniences and annoyance
to the general public and occupants of nearby property. In the performance
of the excavation work, the permittee shall take appropriate measures
to reduce to the fullest extent practicable noise, dust and unsightly
debris. The permittee shall not use heavy construction equipment between
the hours of 7:00 p.m. and 7:00 a.m., or on holidays or weekends,
except with the express written permission of the Director of Public
Works, or in the case of any emergency as herein otherwise provided,
nor otherwise disturb the sleep or repose of occupants of the neighboring
property.
E.
The regulations set forth in this section notwithstanding,
the permittee shall be solely and fully responsible for the proper
and adequate performance of all work and for providing proper and
adequate safety measures and precautions, promulgated by OSHA or any
other federal, state or local agency. The permittee shall, and by
the acceptance of the permit does agree to, indemnify the Borough
as well as its agents, servants and employees against, and save them
harmless from, any and all liability, damage, claims, suits, causes
of action or other demands which may arise from or be occasioned by
the street opening and all work or activity at all relating thereto,
including any injury to person or persons and any damage to or destruction
of property. Should any suit, action, claim or demand be brought against
the Borough, the permittee, at his own cost and expense, shall immediately
take charge of, handle and defend the same, upon and after being notified
by the Borough of the suit, action, claim or demand.
A.
A permit shall not be issued unless and until the
applicant has delivered to the Borough Clerk:
(1)
A cash deposit, in accordance with a schedule of fees
established by the Borough Manager with the advice of the Director
of Public Works, sufficient to defray and satisfy all expenses to
the Borough for inspection fees and attendant cost. If deemed necessary
or advisable by the Director of Public Works, a full-time inspector
may be assigned to the project and the cash deposit shall then include
such item of cost; and
(2)
A performance bond, in an amount fixed by the Borough
Manager with the advice of the Director of Public Works, which shall
provide for the following conditions:
(a)
That the work shall be performed in accordance
with the provisions of this article and with all regulations adopted
under it.
(b)
That when a street opening is made in the pavement
and/or shoulder, all restoration work shall be done in accordance
with standards established by the Director of Public Works and be
guaranteed against all failures which are the result of defective
material and/or poor workmanship furnished by the applicant for a
period of one year after the date of completion of final pavement
and/or shoulder restoration.
(c)
That when a street opening is made outside of
the pavement and shoulder area, all restoration work shall be guaranteed
against all failures which are the result of defective material and/or
poor workmanship furnished by the applicant for a period of one year
after the date of completion of the restoration.
(d)
That if, in the judgment of the Director of
Public Works, any corrective work shall be done during the specified
guaranty period due to defects and/or failures which are the result
of defective materials and/or poor workmanship furnished by the applicant,
the applicant shall, upon receipt of notice in writing from the Director
of Public Works, complete such corrective work in a good and workmanlike
fashion within such reasonable time as may be specified by the Director
of Public Works.
(3)
A certificate of insurance evidencing that the applicant
has obtained a comprehensive general liability insurance policy, a
workmen's compensation and employer's liability policy, and a comprehensive
automobile insurance policy and guaranteeing notification to the Borough
in the event of cancellation thereof. All of the policies shall be
subject to approval of the Borough Manager with the advice of the
Director of Public Works and shall name the Borough as an additional
insured. The comprehensive general liability and automobile insurance
policies shall have limits of at least $1,000,000 for bodily injury
to each person, $2,000,000 in the aggregate for each accident, property
liability of $250,000 for each accident and $1,000,000 aggregate property
damage.
B.
Any or all of the requirements set forth in Subsection A may be waived by the Borough Manager with the advice of the Director of Public Works upon evidence that they have otherwise been satisfactorily met.
C.
No work shall be performed under any permit unless
and until the permittee has complied with the provisions of N.J.S.A.
2A:170-69 et seq.,[1] and Article 12 of the Fire Prevention Code,[2] on the use of explosives, if and as applicable, and has
delivered to the Borough Clerk a copy of the written notice of intention
referred to in, and called for by, N.J.S.A. 2A:170-69.4(b) and Article
12 of the Fire Prevention Code.
D.
The balance, if any, of the cash deposit provided for in Subsection A(1) above, after completion of the work and after deducting the expenses therein specified, as well as any expenses which may have been incurred pursuant to § 204-12C, shall be returned to the permittee. If the expenses exceed the cash deposit, the permittee shall forthwith pay the excess amount to the Borough. The permittee shall also pay and satisfy the cost of material testing, if and when such testing is ordered by the Director of Public Works.
A.
Subsequent to the issuance of the permit, no change
or deviations from the work described in the application and plan
shall be permitted without the written approval of the Director of
Public Works. Upon completion of the work, the permittee shall file
a plan with the Borough Clerk showing in full detail the work actually
done with the approval of the Director of Public Works.
B.
If at any time the work is not being performed in
accordance with the description thereof in the application and plan,
or with either the provisions of this article or any regulations adopted
hereunder, the Director of Public Works shall issue a stop order to
the permittee or the person actually in charge of the work at the
location thereof. Upon the issuance of the stop order, the progress
of the work shall cease until all matters have been corrected and
further work is authorized to proceed by the Director of Public Works.
C.
If, after notification by the Director of Public Works,
the permittee fails to correct any violations of this article or of
any regulations promulgated hereunder, the Borough shall take, or
have taken by others, any and all corrective action deemed necessary,
and the cost thereof shall be borne by the permittee. Such action
shall in no way relieve the permittee of any responsibility and/or
liability.
No permittee shall suffer or permit to remain
unguarded at the place of excavation or opening any machinery, equipment
or other device having the characteristics of an attractive nuisance
likely to attract children and be hazardous to their safety and health.
The permittee shall not disturb any surface
monuments or hubs found on the line of excavation work until authorized
to do so by the Director of Public Works.
All material excavated from the trenches and
piled adjacent to the trench or in any street shall be piled and maintained
in such a manner as not to endanger those working in the trench, pedestrians
or users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Director of Public Works shall have the
authority to require that the permittee haul the excavated material
to a storage site and then rehaul to the trench site at the time of
backfilling. It shall be the permittee's responsibility to secure
the necessary permission and to make all necessary arrangements for
all required storage and disposal sites.
Property lines and limits or easements shall
be indicated on the plan of excavation, submitted with the application
for the permit, and it shall be the permittee's responsibility to
confine excavation work within these limits. Protective devices, such
as snow fences, shall be provided when required by the Director of
Public Works.
As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. From
time to time as may be ordered by the Director of Public Works, and
in any event immediately after completion of the work, the permittee
shall at his own expense clean up and remove all refuse and unused
materials of any kind resulting from the work. Upon failure to do
so within 24 hours after having been ordered to do so by the Director
of Public Works, the work may be done by the Borough and the cost
thereof charged to the permittee, and the permittee shall also be
liable for the cost thereof.
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Director of Public Works may direct. The permittee shall not obstruct the gutter of any street but shall provide for free passage of surface water. All work shall be in conformance with the provisions of Chapter 102, Article V, Surface Water Management, and Article IV, Soil Erosion and Sedimentation Control.
Tunnels under pavement shall not be permitted
except by permission of the Director of Public Works.
Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
with rail, which shall be at least three feet wide and secured on
each side so that pedestrians can pass over at all times.
Anything hereinbefore stated in this article
notwithstanding, a street opening may be made without a permit in
cases of emergency, such as a broken gas main or other like event
which would endanger public life, health and safety, provided that
notice of the emergency and the necessity for the opening thereof
is immediately given orally to the Borough Clerk, the Director of
Public Works, the Chief of Police or the Fire Chief, that written
application for a permit is made as soon thereafter as reasonably
can be done but, in any event, not later than the end of the next
succeeding day during which the Borough Clerk's office is open for
business, and that permanent repairs shall not be made without first
obtaining a permit hereunder.
The provision of this article shall not be construed
as imposing on the Borough or any official or employee any liability
or responsibility for damage to any person injured by the performance
of any excavation work for which a permit is issued hereunder, nor
shall the Borough or any official or employee thereof be deemed to
have assumed any liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
The enforcement officer for the Borough shall
be the Director of Public Works, unless otherwise designated by the
Borough Council. When a safety violation shall occur, the Borough
Manager, Director of Public Works, Chief of Police and Fire Chief
shall have the authority to stop work until the subject deficiency
or safety hazard is corrected.
