[Adopted by Ord. No. 1349 (§ 10-1 of the 1987 Code)]
No person other than duly authorized servants
or agents employed or engaged by the Borough of Highland Park for
the purpose, shall remove, dig into, disturb, excavate or take up
or cause or procure to be removed, disturbed, excavate or dig up the
surface of any Borough street, highway, alley, lane, court, sidewalk,
public place or other public place or pavement for any purpose whatsoever
except roads not under the jurisdiction of the Borough, without first
obtaining a written permit for same as herein set forth. A separate
permit shall be required for each opening made in furtherance of this
article. The permit shall not be signed or transferred except upon
the prior written consent of the Superintendent of the Department
of Water and Sewer and/or his designee.
A.
Applications for such permits as described in § 368-20 shall be obtained from and submitted to the Superintendent of the Department of Water and Sewer and/or his designee and shall set forth the name and address of the property owner from whom the work is to be done, the location and number of square feet of the street, avenue, road or highway, surface to be disturbed, the dimensions of the excavation, the nature of the street surface to be disturbed, the purpose thereof, when the excavation is to be made, the probable time required, the person, firm or corporation doing the actual excavation work, a statement that the opening or excavation must be adequately guarded to prevent damage to life or property until the opening or excavation is filled in and the surface of the street replaced in its original condition and a statement that the applicant will comply with all ordinances and laws relating to the work to be done, and such other information as may be required by the Superintendent of the Department of Water and Sewer and/or his designee.
B.
Said application shall be in writing, dated and signed
by the applicant. Only the person doing the excavation shall be allowed
to apply for a permit and a permit shall only be issued to such person
doing the excavation. The person doing the excavation shall be construed
to mean the plumbing contractor or other contractor who has been retained
by the property owner to install the lateral for gas, water or sewer
pipes or any other purposes for which the street opening is being
made.
C.
An application shall be required for all emergency
repairs. Should the repairs be required to protect the public safety,
health and welfare, the public utility or individual shall make application
for such a permit within 24 hours or the next business day, whichever
is sooner; provided that the public utility or individual shall first
telephone to or communicate with the Superintendent of the Department
of Water and Sewer and/or his designee a statement concerning the
emergency in question. In the event that office is closed, a telephone
call or communication shall be made to the Borough Engineer or Borough
Administrator who may grant oral emergency approval.
[Amended 9-21-2010 by Ord. No. 10-1792]
A.
A minimum fee of $200 for each permit shall accompany
the application and be paid to the Borough, Department of Water and
Sewer.
[Amended by Ord. No. 1358]
A.
Every permittee, including each public utility as
defined in N.J.S.A. 48:2-13, its supplements and amendments, desiring
to obtain permits pursuant to this article, shall file each year with
the Borough Clerk a bond, which may be the bond of the corporation
solely, in the sum of $5,000 conditioned upon compliance with the
applicable provisions of this article. In no event shall a public
utility be permitted to obtain a permit after the adoption of this
section without the posting of said bond.
B.
In lieu of the provision in Subsection A above, each permittee shall have the option to file with the Borough Clerk with respect to each permit issued pursuant to this article a bond in such sum as shall be determined by the Superintendent of the Department of Water and Sewer and/or his designee conditioned upon compliance with the applicable provisions of this article, or in lieu thereof such permittee shall deposit with the Borough Clerk a certified check or cash in the amount to be determined by the Superintendent of the Department of Water and Sewer and/or his designee, based on the location of the area to be disturbed and based on the total area disturbed at a rate determined by the Superintendent of the Department of Water and Sewer and/or his designee based on current annual Borough and contract rates, if such are in effect, or a certain schedule of costs maintained by the Borough's Engineer, based on the rates in the contractor's blue book plus 15% to secure compliance with the applicable provisions of this article but in no event shall the amount of the bond or the amount of cash to be provided pursuant to this article be less than $500 for each permit.
C.
Each bond filed pursuant to this article shall be
in a form satisfactory to the Borough Attorney. The bond shall be
executed by the applicant as principle and surety company licensed
to do business in the State of New Jersey as surety and shall be conditioned
as follows:
(1)
To indemnify and hold harmless the Borough of Highland
Park for all loss, damage, claim or expense, including expenses incurred
in 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 Borough of Highland Park for any
expense incurred in enforcing any of the provisions of this article.
(3)
To indemnify any person who shall sustain personal
injuries or damage to his property as a result of any act or admission
of the applicant, his agents, employees or subcontractors done in
the course of any work under the permit for the bond shall be conditioned
upon the applicants restoring surface and foundation of the street
for which the permit is granted in the manner acceptable to the Superintendent
of the Department of Water and Sewer and/or his designee. The bond
shall be conditioned upon the applicant restoring surface and foundation
of the streets abutting the work site and those streets which had
sustained damage through the use of construction equipment and by
other construction vehicles which had been utilized for the transportation
of material to and from the work site for which the permit is granted
in a manner acceptable to the Superintendent of the Department of
Water and Sewer and/or his designee.
No person to whom a permit has been issued under the provisions of this article shall disturb or move pavement other than that which the permit provides for, without first applying for and receiving permission to do so and paying the additional charges based on the rates prescribed in §§ 368-22 and 368-23, prior to the issuance of the additional permit.
Any person making any opening or excavation
by virtue of a permit issued under this article shall commence work
as expeditiously as possible, but in no event later than 10 days from
the date of the permit and shall prosecute said work with due diligence
to its completion. Such effective period may be extended, if so requested
in writing by the permittee prior to the expiration period thereof,
for such additional period as determined by the Superintendent of
the Department of Water and Sewer and/or his designee, who shall notify
the permittee, in writing, of any such extension. Such permit shall
be valid for an effective period, not to exceed 30 consecutive calendar
days to be determined and specified by the Superintendent of the Department
of Water and Sewer and/or his designee. Such effective period may
be extended, if so requested in writing by the permittee prior to
the expiration period thereof, for such additional period as determined
by the Superintendent of the Department of Water and Sewer and/or
his designee, who shall notify the permittee, in writing, of any such
extension.
A.
The Superintendent of the Department of Water and
Sewer and/or his designee may revoke a permit for any of the following
reasons:
(1)
Violation of any provision of this article or any
other applicable rules, regulations, laws or ordinances.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which
is unhealthy, unsanitary or declared by any provision of this Code
or any State Code to constitute a nuisance.
B.
The procedure for revoking a permit shall be the same
as that set forth in § 290-19.
No permit shall be issued until the applicant
has furnished the Superintendent of the Department of Water and Sewer
and/or his designee with a certificate of insurance evidencing that
he is insured against injury to persons and damage to property caused
by any act or admission 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 $1,000,000 for bodily injury and $500,000 for property damage.
The Superintendent of the Department of Water and Sewer and/or his
designee may waive the requirement of this article in the case of
public utilities upon the presentation of satisfactory proof that
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.
Safety.
(1)
All work shall be conducted in such a manner as to
cause the least public inconvenience and to permit the use of the
sidewalk by pedestrians, the roadway by vehicles and the flow of water
in the gutters. All openings, digging, excavation, piles of material,
equipment, machinery, barricades or obstructions, including earth
and stone removed from excavation, shall be properly guarded at all
times to prevent accidents and a sufficient number of lights, lanterns
or flares shall be maintained between sunset and sunrise by the person
whom such permit has been issued to designate such openings or obstructions
during the hours of darkness. Reflective barrels, blinking lights,
warning signs, flagmen, uniform traffic officers and all other man
powered equipment as required by or directed by the Borough, police
department, engineer, road superintendent or other Borough official
shall be provided.
(2)
The work area shall be continuously passable by all
emergency vehicles during all phases of the work.
(3)
In the event that the work requires the detour of
the vehicular traffic, the person in possession of the permit shall
submit a detour plan for review and approval by the Borough Police
Department prior to the implementation of the work.
(4)
If any sidewalk is blocked by any such work, a temporary
sidewalk shall be constructed or provided, which shall be safe for
travel and convenient for users.
B.
All existing pavements, road surfaces, sidewalks,
curbs, gutters, pipes, manholes, drains, conduits or other installation
or fixtures and property liable to be injured, damaged or destroyed
shall be properly protected by the person doing any work for which
a street opening permit has been issued during the time when such
work is being performed and the responsibility for any such damage
shall be assumed by the person to whom such permit has been issued.
C.
Any excavation or trenches to be extended across the
full width of any street, avenue, road, or highway, only 1/2 of same
shall be made at one time and shall be properly back filled before
the other half is excavated so as not to interfere with traffic.
D.
No person shall divert or discharge water into, upon
or across any street, avenue, road, highway or sidewalk in the Borough
so that a nuisance is created or a hazardous condition is caused to
exist as a result of the formation or the pavement or road surface
damaged thereby.
E.
It shall be unlawful to make any such excavation or
tunnel in any way contrary to or at variance with the terms of the
permit therefor. Proper bracing shall be maintained to prevent the
collapse of adjoining ground, and protection of the workers shall
be in accordance with the regulations of the New Jersey Department
of Labor and Industry and the Occupational Safety and Health Administration;
and in excavations, the excavation shall not have anywhere below the
surface any portion which extends beyond the opening at the surface.
F.
No injury shall be done to any pipes, cables, or conduits
in the making of such excavations or tunnels; and notice shall be
given to the person maintaining any such pipes, cables or conduits
or to the Borough department or officer charged with the care thereof,
which are or may be endangered or affected by the making of any such
excavation or tunnel before such pipes, cables or conduits shall be
disturbed.
G.
No unnecessary damage or injury shall be done to any
tree or shrub or the root thereof.
H.
No work shall be done in such a manner as to interfere
with any water main or sewer line or any connection with either of
the same from any building unless that is the purpose of the excavation
and only after written permission has been obtained in advance from
the Superintendent of the Department of Water and Sewer and/or his
designee. No work shall occur in such a manner as to result in damage
or destruction of any property of the Borough of Highland Park unless
this is necessary for completion of the work and written permission
has been obtained in advance from the head of the Borough department
having jurisdiction over such property.
I.
The permittee shall clean up and remove promptly from
the work site at the end of each work day, all surplus excavated material
and debris, and upon final completion of the project shall leave the
site of work in a neat and orderly condition as good as it was previously.
Where topsoil, seeded areas or sod are disturbed in the course of
the work, permittee shall restore such ground surfaces to a condition
equal to that prior to commencement of work.
J.
If the permittee shall fail to comply with the rules
and regulations as provided in this article, after receipt of written
notice, then the Borough reserves the right to take any action to
insure compliance with this article. In that event, the permittee
shall be charged with the cost of same at a rate determined by the
Superintendent of the Department of Water and Sewer and/or his designee
based on annual Borough and contract rates, if such are in effect,
or a certain schedule of costs maintained by the Borough's Engineer,
based on the rates in the contractor's blue book plus 15%. The expense
incurred shall be deducted from the deposit, if any, posted by the
permittee. Permittee shall be responsible for the expense incurred
by the Borough, if the surety is insufficient to cover such expenses.
Any monies due to the Borough in excess of the deposit shall be billed
upon completion of the work and shall be paid within 30 days after
the receipt of the bill. Failure to pay such interest shall result
in the permittee paying the maximum interest rate allowed by law,
as well as any attorneys' fees and costs incurred by the Borough in
furtherance of collection of said monies.
Before any street is improved or paved, the
Borough Clerk shall give notice to all persons owning property abutting
the street and to all public utilities and authorities operating in
the Borough that the street is to be paved and improved. All connections
and repairs to utilities in the street and all other work which requires
excavation of the street, shall be completed within 30 days from receipt
of the notice. The time for the completion of the work may be extended
in writing by the Superintendent of the Department of Water and Sewer
and/or his designee upon application by the person performing the
work. This article shall not excuse any person from the requirement
of obtaining a permit as provided herein.
Except in case of emergency, no person to whom notice was given as provided in § 368-29 shall be issued a permit to excavate the street to which the notice related for a period of five years unless its issuance is approved by the Borough Council. This article, however, shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given or where the public health or safety requires the performance of the work in question.
A.
Any person, firm or corporation making any excavation
or tunnel in or under any public street, alley or other public place
in the Borough shall restore the surface to its original condition
if there is no pavement there. Refills shall be properly tapped down,
and any bracing in such tunnel or excavation shall be removed, unless
in the opinion of the Superintendent of the Department of Water and
Sewer and/or his designee, same is needed to support utilities.
B.
Any opening in a paved or improved portion of a street
shall be repaired and the surface relaid by the applicant within 30
days of the initial excavation in compliance with the following schedule
of pavement restoration and with the ordinance of the Borough and
under the supervision of the Superintendent of the Department of Water
and Sewer and/or his designee.
C.
Furnishing of inspector.
(1)
The Borough shall furnish an inspector for each day
or portion thereof which a pavement is anticipated to be opened. No
work may be performed without an inspector on site. In the event that
a permittee shall perform any work without an inspector on site, the
permittee shall be held responsible for any and all defects later
found to be present.
(2)
A public utility as defined in § 368-23 of this article may at the time it files its bond with the Borough Clerk apply for an exemption from this Subsection C. Said application shall be considered by the Superintendent of the Department of Water and Sewer and/or his designee. In no event shall the Superintendent of the Department of Water and Sewer and/or his designee approve such exemptions unless it is affirmatively shown that said public utility has in place an inspection system of its own which shall insure compliance with the rules and regulations of this article. To insure said public utility does have an inspection program in place, all public utilities which are granted an exemption under this article shall be required to submit to the Borough, a form to be provided by the Superintendent of the Department of Water and Sewer and/or his designee, with each permit, which form shall indicate if said inspections took place, when and by whom.
D.
The edges of the excavated roadway shall be neatly
trimmed to a clean vertical edge. All corners must form angles. No
round corners are acceptable.
E.
The backfilling of any excavation shall be done with
Type 1, Class C, soil aggregate in accordance with New Jersey Department
of Transportation Standard Specifications, latest revision, for bank-run
sand and gravel. The backfill shall be placed in lifts not exceeding
12 inches which shall be compacted to a standard proctor density of
95%.
F.
The backfill material and method of compaction shall
be subject to the approval of the Superintendent of the Department
of Water and Sewer and/or his designee. Under no circumstances shall
wet or frozen material be used as backfill. Backfill containing organic
material, brick, rock, tile or demolition rubble is also unacceptable
as backfill.
G.
The vertical edge shall be tack-coated with asphaltic
oil, Grade RC-D, or emulsified asphalt, Grade RS-1, as specified in
the New Jersey Department of Transportation Standard Specifications,
latest revision.
H.
Bituminous-concrete stabilized base complying with
the requirements of New Jersey Department of Transportation Standard
Specifications, latest revision, shall be placed to a minimum compacted
thickness of six inches on top of the specified backfill material.
The stabilized base shall be placed in two lifts, minimum, and compacted
to optimum density.
I.
The top course of bituminous concrete shall be FABC-1
as specified in the New Jersey Department of Transportation Standard
Specifications, latest revision. The FABC-1 shall be placed in a minimum
compacted thickness of 1 1/2 inches and compacted to its optimum
density.
J.
Temporary pavement.
(1)
When the roadway excavation restoration is to be performed
during seasonal periods which are not conducive to the placement of
bituminous concrete, the applicant shall provide temporary pavement
restoration on top of the specified backfill material until such time
as suitable climatic conditions exist to effect the permanent restoration.
(2)
The temporary pavement shall consist of the placement
of a minimal compacted thickness of four inches of cold mix bituminous
concrete Type HA or HT, in accordance with New Jersey Department of
Transportation Standard Specifications, latest revision.
(3)
It shall be the applicant's responsibility to continuously
maintain this temporary pavement as directed by the Borough representatives.
(4)
Prior to effectuating the permanent repairs, the temporary
pavement shall be completely removed and the disturbed backfill material
re-compacted.
In the event the applicant does not restore
the ground and lay the pavement in the manner and within the time
provided for herein, then the Borough shall properly restore said
ground and lay said pavement, charging the expense thereof to the
deposit, if any, posted by the applicant at a rate determined by the
Superintendent of the Department of Water and Sewer and/or his designee
based on annual Borough and contract rates, if such are in effect,
or a certain schedule of costs maintained by the Borough's Engineer,
based on the rates in the contractor's blue book plus 15%. The expense
incurred shall be deducted from the deposit, if any, posted by the
permittee. Permittee shall be responsible for the expense incurred
by the Borough, if the surety is insufficient to cover such expenses.
Any monies due the Borough in excess of the deposit shall be billed
upon completion of the work and shall be paid within 30 days after
the receipt of the bill. Failure to pay such interest shall result
in the permittee paying the maximum interest rate allowed by law,
as well as any attorneys' fees and costs incurred by the Borough in
furtherance of collection of said monies.
Any person who shall make an excavation or opening
in or upon any street for any of the purposes aforesaid shall maintain
sufficient and appropriate guards, barriers and signals and otherwise
exercise such reasonable precaution in the area as may be necessary
to avoid damage to property and injury to person. Any damage done
as a result of the negligence of the permittee shall be repaired by
the permittee. If the permittee shall fail to comply with the rules
and regulations as provided in this article, after receipt of written
notice, then the Borough reserves the right to take any action to
insure compliance with this article. In that event, the permittee
shall be charged with the cost of same at a rate determined by the
Superintendent of the Department of Water and Sewer and/or his designee
based on annual Borough and contract rates, if such are in effect,
or a certain schedule of costs maintained by the Borough's Engineer,
based on the rates in the contractor's blue book plus 15%. The expense
incurred shall be deducted from the deposit, if any, posted by the
permittee. Permittee shall be responsible for the expense incurred
by the Borough, if the surety is insufficient to cover such expenses.
Any monies due the Borough in excess of the deposit shall be billed
upon completion of the work and shall be paid within 30 days after
receipt of the bill. Failure to pay such interest shall result in
the permittee paying the maximum interest rate allowed by law, as
well as any attorneys' fees and costs incurred by the Borough in furtherance
of collection of said monies.
A.
The Borough of Highland Park shall not be liable for
damages for any personal injuries or damage to property sustained
as the result of any excavation or opening in any street made by any
person by virtue of the provisions of this article.
B.
Neither the Borough nor any of its employees shall
be deemed to be the agent or the servant of the permittee for any
of the purposes of this article.
Every permittee shall, as a condition of accepting
any permit issued hereunder, save and hold harmless the Borough and
indemnify such Borough its officers, agents, servants and employees
from and against any and all loss, damage, claim, expense or demand
whatsoever arising out of any matter or resulting of the opening of
any street and the issuance of a permit therefor as provided in this
article.
No security deposit, certified check or performance
bond shall be released until all repairs, payment of all monies due
to the Borough pursuant to this article, and the restoration and repaving
of excavated areas to the satisfaction of the Superintendent of the
Department of Water and Sewer and/or his designee are completed and
the completion of a one-year guarantee period to insure proper installation
and maintenance.
The provisions of this article shall not apply
to public utility companies having separate contracts with the Borough
or operating under special ordinances or statutes nor to any person
laying any sidewalk, pavement or sewer or doing any other work in
any of the streets, avenues, roads or highways under and in pursuance
of a contract entered into between such person and the Borough except
insofar as the same are not included therein.
Permittee shall be required to recycle all excess
bituminous concrete and portland cement concrete removed from the
excavation site and shall submit to the Borough a certified statement
indicating the number of tons recycled within 30 days after completion
of said work. The Superintendent of the Department of Water and Sewer
and/or his designee, in his discretion, may waive this requirement,
for good cause, upon application by the permittee.
This article shall be known as, and may be cited
as, "The Street Opening Permit Ordinance."
