[Adopted 12-28-1953 by Ord. No. 531 (Ch.
115, Art. I, of the 1974 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Totowa.
A street which has been accepted by the Borough of Totowa.
[Added 2-10-2004 by Ord. No. 01-2004]
Includes ditches, gutters and pipes alongside the roadway,
culverts under the roadway and ditches and pipes established for carrying
off stormwater through private property.
[Added 2-10-2004 by Ord. No. 01-2004]
Removing, digging in, disturbing, excavating or taking up
any surface, pavement or soil of any street, highway, land, alley,
court, sidewalk or public place in the Borough of Totowa recognized
as a street, highway, lane, alley, court, sidewalk or public place
by the Borough of Totowa.
Any person, firm, partnership, association or corporation.
Any street, highway, lane, alley, court, sidewalk or public
place in the Borough of Totowa recognized as a street, highway, lane,
alley, court, sidewalk or public place by the Borough of Totowa.
Any street used for access to two or more houses and dedicated
to public use but the ownership of which has not been accepted by
the Borough.
[Added 2-10-2004 by Ord. No. 01-2004]
No person shall make any opening or cause any
opening to be made in any street in the Borough for the purpose of
making any connection with any sewer, water or gas main, pipe or conduit
or any other main, pipe or conduit or for the erection of any pole
or for any other purpose whatsoever without first obtaining written
permission from the Borough to do so. A separate permit shall be obtained
for each opening.
[Amended 2-10-2004 by Ord. No. 01-2004]
Applications for a permit shall be made to the
Department of Public Works and/or Municipal Engineer and shall contain
the following information:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made
and the street number, if any, of the abutting property.
C.
The municipal tax map block and lot number of the
property for the benefit of which the opening is to be made.
D.
Nature of the surface in which the opening is to be
made.
E.
Character and purpose of the work proposed.
F.
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 commencement of the work within 48 hours of the commencement
of same.
The Department of Public Works of the Borough
of Totowa shall have full supervision over any opening to be made
in any street under any permit granted hereunder, and the work on
any such opening shall be commenced within 10 days of the date of
the issuance of said permit, and such work shall proceed with due
diligence to its completion. If for any reason the work on said opening
is not commenced within said period of 10 days, the permit shall be
void, and any deposit held by the Borough thereunder shall be returned
to the applicant upon surrender of the permit, unless an extension
of time within which to commence said work is granted by the Borough,
in writing, endorsed on said permit, whereupon the applicant shall
commence said work within the time set forth under said extension
or forfeit any right to make any opening under said extension and
permit, and thereupon any deposit held by the Borough shall be returned
to the applicant upon the surrender of the permit upon which such
extension is endorsed. The work under any such extension shall proceed
with due diligence to its completion.
The Borough may at any time revoke or annul
any permit or extension endorsed thereon for cause or for making any
opening not in accordance with the permit granted, or for failure
or neglect to pursue the work in accordance with such permit or by
reason of any condition that may be disclosed at any time prior or
during said opening which would or the Borough fears might prove to
be dangerous or injurious to any person or property, or the Borough
deems harmful to or not for the best interests of the Borough, and
every person receiving a permit or any extension thereof shall accept
the same subject to the foregoing provisions, without any liability
or responsibility attaching to the Borough for any loss or damage
that might result by reason of such revocation.
The applicant shall deposit with the Borough,
through the Borough Collector, in connection with any proposed opening,
the amount indicated below before any permit is granted:
A.
For any opening to be made in pavements or surfaces of stone, block,
brick, asphalt or other materials having a foundation of concrete,
cement concrete pavements, bituminous concrete or bituminous macadam
with crushed stone base or tolford base or stone block on sand foundation,
the sum of $3 per square foot of surface to be opened.
[1]
Editor's Note: This ordinance also repealed
former § 115-6B, which contained a fee for openings in macadam
pavement, which previously followed this subsection.
B.
For any opening to be made in streets paved with materials
other than those heretofore enumerated, such sum as the Borough, through
the Department of Public Works, may deem reasonable under the circumstances
to provide and to consolidate the material used to fill the opening
as hereinafter set forth.
C.
Where prices for materials and labor may warrant or
make necessary, and where the cost is increased by special conditions,
the charge shall be subject to change without notice.
D.
A deposit of $250 shall be made by each and every
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.
[Added 2-10-2004 by Ord. No. 01-2004]
E.
Bonds. No permit shall be issued until the applicant
has filed a bond in an amount determined to be sufficient by the Department
of Pubic Works Superintendent and/or Municipal Engineer. 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:
[Added 2-10-2004 by Ord. No. 01-2004]
(1)
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.
(2)
To indemnify the municipality for any expense incurred
in enforcing any of the provisions of this section.
(3)
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.
(4)
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
Superintendent and/or Municipal Engineer.
F.
Notwithstanding the above requirements, the Department
of Public Works Superintendent and/or Municipal Engineer may waive
the bond where sufficient escrow funds or other suitable guaranty
has been provided to insure completion of the job.
[Added 2-10-2004 by Ord. No. 01-2004]
G.
Insurance. 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 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 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.
[Added 2-10-2004 by Ord. No. 01-2004]
All pavement or surface over any opening for
which any permit is granted as aforesaid shall be replaced by the
Borough within six months after such opening is made, and the deposit
provided for herein or such portion thereof as may be necessary shall
be used to pay the cost of consolidating the material used to refill
the opening and to relay the pavement or surface, and the balance,
if any, shall be returned to the applicant 12 months after the issuance
of the permit if the surface is then in good condition, or as soon
thereafter as the necessary repairs thereto are made, upon presentation
of the original permit to the Borough through the Department of Public
Works for approval, and the signing by the applicant of a receipt
for the amount so returned.
A.
Every opening and all excavations and backfilling
shall be done by the person to whom any permit is issued. Such person
shall give reasonable notice to the Borough through the Department
of Public Works before any backfilling is commenced.
B.
All excavations shall be made in open trenches, except
where otherwise permitted or directed by the Borough Engineer. The
sides of the excavation shall be supported when necessary by suitable
plank and shoring which shall be drawn as the work progresses unless
the Borough Engineer orders the same left in place.
C.
All the work of excavating and backfilling shall be
prosecuted with all possible vigor.
D.
All trenches shall be backfilled by depositing therein
the earth in layers of not more than six inches in depth, each thoroughly
rammed and, if required by the Borough Engineer, flushed with water,
or both.
E.
Surplus earth shall not be piled over filled openings
so as to interfere with traffic. All old paving material shall be
carefully conserved and placed over the trench in as good condition
and as near the street grade as practicable, and all surplus material
and rubbish of any kind shall be promptly removed by the person to
whom said permit is issued.
F.
Where excavation is made in a tunnel beneath a concrete
pavement having a concrete base, the tunnel shall be backfilled with
concrete composed of one part of portland cement and nine parts of
hard steam boiler cinders or other approved material stamped in place
so that the cavity is completely filled; provided, however, that before
any work of tunneling is commenced, the method of such tunneling shall
be first approved by the Department of Public Works.
Whenever an opening is made in a pavement or
surface that is of concrete or in one that has a concrete base, the
pavement or surface shall be cut out 18 inches wider than the width
of the trench (nine inches wider on each side thereof).
A.
The excavation and all piles of excavated material
or any material used in the work to be performed in the opening for
which a permit is issued shall be carefully guarded and lighted or
caused to be carefully guarded and lighted by the person to whom such
permit has been issued, who shall be liable for all loss and damage
caused by the prosecution of the work or failure to properly guard
or maintain said opening.
B.
It shall be the responsibility of the person, firm
or corporation opening any through fare or otherwise endangering or
obstructing the normal flow of traffic to fully protect both vehicular
and pedestrian traffic from possible accident or injury by the placing
of suitable barriers, crosswalks, notices, warning and/or caution
signs by day and flares or flashing lights at night in accordance
with the provisions of N.J.S.A. 39:1-1 et seq. Access shall be provided
for any emergency vehicles, such as fire, police vehicles or ambulances.
Wherever in the discretion of the Department of Public Works Superintendent
and/or Municipal Engineer, it is necessary to post a police officer
and/or traffic flagman as a safety measure to direct and maintain
traffic flow, the permit holder shall be responsible for providing
the officer and/or flagman as directed.
[Added 2-10-2004 by Ord. No. 01-2004]
Nothing contained in this article shall be construed
as requiring the issuance of a permit for the performance of any opening
made by the Borough or under a contract with the Borough for the construction
of sewers or street improvements.
A.
Any person, firm or corporation which is a public
utility, as defined in N.J.S.A. 48:2-13, which desires to obtain permits
under this article, may make a bond, which may be the bond of such
public utility solely, in the penal sum of $5,000, running to the
Borough of Totowa, and file such bond with the Borough Clerk. Such
bond shall be conditioned upon compliance with the applicable provisions
of this article with respect to each street opening which shall be
made by such public utility in the Borough of Totowa, and shall further
provide that the obligation of such bond shall be a continuing obligation
to the full amount thereof with respect to each such street opening.
Whenever any public utility which shall have filed such a bond shall
request the Borough Clerk in writing to issue to it a street opening
permit, it shall be the duty of the Borough Clerk to issue such permit.
[Amended 2-10-2004 by Ord. No. 01-2004]
B.
In the case of public utility corporations, compliance with the provisions of this article, under the terms of the bond provided for in Subsection A above, shall be deemed to include proper backfilling and recovering of such excavation to the satisfaction of the Borough Engineer by and at the expense of said public utility corporation.
[Added 11-12-1974 by Ord. No. 1027]
Nothing in this article shall prevent the opening
of any street in an emergency by any public utility, as defined in
N.J.S.A. 48:2-13.
