[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 4-17-1972 by Ord. No. 332. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 161.
It shall be unlawful for any person, firm or corporation to tear up any of the road surfaces of or make any excavation in any of the public streets, avenues, highways or public places in the Township of Rochelle Park for the purpose of constructing surface or subsurface improvements or for the purpose of laying, examining, replacing or repairing of gas mains, water mains, sewers, sewer connections, telephone conduits, electrical conduits or for any other purpose unless and until there shall be granted a permit in accordance with the terms of this chapter by the Township Committee. However, any company filing a bond in accordance with the provisions of § 97-12 shall not be required to secure said permit in advance of the work but shall do so within 24 hours thereafter.
[Amended 5-5-1986 by Ord. No. 519; 11-20-2014 by Ord. No. 1079-14]
All applications for permits referred to in this chapter shall be made to the Township Committee in writing and shall specify the full name of the person, firm, partnership, association or corporation to whom the permit is to be granted, the location at which the work is to be done, the character of the work and the length of time considered necessary to complete the work.
Said application shall be accompanied by a fee of $300 for each opening, together with the deposits and maintenance fees described in this section.
At the time of said application, applicants shall also pay a nonrefundable maintenance fee, as follows:
A maintenance fee of $300 for 22 linear feet and $10 for each additional linear foot.
If the applicant is a public utility company as defined by statute (N.J.S.A.48:2-13) the nonrefundable maintenance fee, as described herein, shall not be charged. The public utility company shall, however, be charged a flat fee in the amount which would be necessary to reimburse the municipality for its customary inspection fees, administrative fees, legal fees and engineering fees associated with the project. This amount shall be determined by the Township Administrator but shall not exceed the sum of $7,500. The exemption granted herein shall remain in effect from the date of the adoption of this ordinance until June 30, 2018, at which time it shall end and the following subsection shall be readopted:
[Amended 7-19-2017 by Ord. No. 1113-17]
Qualifications for exemption.
[Added 7-19-2017 by Ord. No. 1113-17]
In order to qualify for the public utility company exemption as described in the preceding subsections, the public utility company shall be required to file a request for said exemption which will be reviewed and considered by the Township Committee. The request shall describe, with specificity, the nature of the project contemplated and shall include at least the following information:
In addition to the foregoing, if the contemplated project involves replacement of the gas main and providing new service and meters to residential properties, the public utility company shall agree to restore the homeowner's property to its preproject condition and an agreement to pave the roadway, curb to curb, in the event that the road was paved within five years preceding the commencement of the project.
No permit shall be granted unless the sums hereinafter set forth in § 97-4 shall be paid to the Township Clerk. Those sums shall be held by the Township Clerk until six months after the completion of each improvement as a security deposit to guarantee the completion of the improvement and the maintenance thereof for six months thereafter, pursuant to the terms of the application, in a good and workmanlike manner and in accordance with the specifications and standards of the Township of Rochelle Park, to the satisfaction of the Township Committee of the Township of Rochelle Park. Six months after such completion, provided the work has been properly completed and maintained, the township shall return said deposit to the applicant less the cost to the township for inspecting said work. Upon failure to complete and maintain the improvement to the satisfaction of the township, the township may complete and maintain said improvement, using the moneys so deposited or so much thereof as is necessary for such purpose, returning the balance of the deposit, if any, to the applicant after six months from the date of completion.
The permit deposit shall be in the following amounts for each opening or excavation covered by such permit:
[Amended 8-18-2010 by Ord. No. 1020-10]
The aforementioned deposits shall not be required where performance bonds to assure the proper completion and maintenance of the excavations aforesaid have been filed with the Township Clerk in accordance with township ordinances. Each 50 square feet of road surface or place broken hereunder shall be deemed a separate opening or excavation.
All excavations, earth, stone, lumber, pipe or other material shall be safely and securely barricaded and further guarded at night by at least two lights, one at each end of the excavation or material, and in any other manner as the Superintendent of Public Works may deem necessary for the reasonable protection of the public from injury.
In making excavations in paved streets, the person or persons doing said work shall carefully remove the paving material and keep it free and separate from the earth removed from the excavation, and upon refilling the trench, shall allow such paving material so removed from the excavation to remain so that the same may again be used in replacing the pavement of the excavation. Not more than 1/2 of the trench shall be excavated at one time where the trench will run from one side of the pavement to the other, and the part so excavated shall immediately be backfilled under the supervision of or to the satisfaction of the Superintendent of Public Works.
The backfilling of the trench shall proceed in the following manner: Earth, sand, gravel or broken stone removed from the trench shall be replaced in layers not exceeding 12 inches in depth and shall be properly rammed with rammers not less than 18 pounds in weight. The work of refilling shall continue in this manner until the material is brought up to within 24 inches of the finished pavement, at which time if the material excavated has contained rock or boulders not exceeding 12 inches in diameter, a layer of such rocks or boulders shall be laid in the opening to serve as a telford base under the pavement to be later placed by the forces of the Superintendent of Public Works. The backfilling shall be continued until the top thereof after being thoroughly tamped shall be one inch higher than the pavement. No animal or vegetable matter or refuse shall be used or permitted in the backfill, and all refuse or surplus material from the trench shall be removed from the work immediately after the trench has been backfilled. After the fill has thoroughly settled, the road surface shall be restored to its original condition.
It shall be unlawful for any person, firm or corporation to place any stones, earth, ashes, lumber, pipe or other materials of any description whatsoever upon any road or street so as to interfere with the flow of water along the gutters or so as to interfere with the traffic on said road or street without having first obtained a permit from the Township Clerk, the fee for which shall be $5, to be paid to the Township Clerk. The application for such permit shall state the approximate quantity of material to be stored and the time of such storage, and same shall be guarded as set forth in § 97-5. Any unlawful exercise of this privilege shall be deemed a violation of this chapter. Any company filing a bond in accordance with the provisions of § 97-12 shall be permitted to store pipe and other necessary materials for the purpose of its business, in such a manner and to the satisfaction of the Superintendent of Public Works of the Township of Rochelle Park as to cause the minimum interference with the normal use of the road or street, upon filing written notice with the Superintendent of Public Works as soon as possible and not later than 24 hours after storing such material, setting forth the amount of the material placed on the streets and the location thereof.
No opening in the paved section of any road shall be less than three feet wide, and such openings shall be made so that the width at the bottom shall be less than the width at the surface of the pavement, unless in the opinion of the Superintendent of Public Works a specific operation requires a wider trench.
Tunneling under any road or street will not be permitted under any circumstances and shall be unlawful exercise of the privilege under any such permit and a violation thereof.
It shall be the duty of the Superintendent of Public Works of the Township of Rochelle Park, or such other officer as the Township Committee may designate, to ascertain whether permits have been issued covering each operation and to supervise all excavations and backfilling as provided herein.
The provisions of §§ 97-3 and 97-4 shall not apply to any public utility company as defined by statute (N.J.S.A. 48:2-13) or any company now having the right in the discharge of its duties to the public to make openings and to store materials in the public streets, avenues or public places in said township, provided that such company shall file with the Clerk of the township a bond, which bond may be executed by the company solely in the sum of $2,000 conditioned to save the township harmless from any and all costs, loss, charge or damage which it may sustain or may incur or be subjected to by reason of any such opening or storing of materials, and further to restore and maintain for 18 months in the manner set forth in § 97-3, in proper order and condition and to the satisfaction of said township, any public street, avenue or public place wherein openings shall be made by it, which bond shall be approved as to form by the Township Attorney.
[Amended 5-5-1986 by Ord. No. 519]
Any person, firm or corporation violating any of the provisions of this chapter or neglecting or refusing to comply with any of the terms or conditions hereof shall, upon conviction thereof, forfeit and pay a fine of not less than $100 nor more than $500 or be imprisoned in the county jail for not more than 90 days, or be subject to both a fine and imprisonment. Each and every nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.
Editor's Note: See also Ch. I, Art. II, General Penalty.