The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Ho-Ho-Kus, County of Bergen, State of New
Jersey.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
The person duly appointed Borough Engineer, or his authorized
deputy, representative or inspector.
PERMITTEE
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
PERSON
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to statute. Whenever
used in any section prescribing and imposing a penalty, the term "person,"
as applied to associations, shall mean the partners or members thereof
and, as applied to corporations, the officers thereof.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by the Municipal
Land Use Act; or which is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
For the purpose of this article, "street" shall be classified as follows:
[Amended 9-23-2003 by Ord. No. 877]
A.
ARTERIALThose streets which are used primarily for fast or heavy traffic.
B.
COLLECTORThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
C.
MINORThose streets which are used primarily for access to the abutting properties.
D.
MARGINAL ACCESSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E.
ALLEYSMinor streets which are used primarily for vehicular service access to the back or side of the properties otherwise abutting on a street.
It shall be the duty and responsibility of any applicant to:
A. Make a written application for such permits with the Borough Clerk
on such form as the Borough shall prescribe.
B. Furnish to the Borough Clerk a plan in triplicate showing the work
to be performed under said application. If approved by the Engineer,
one copy of such plan shall be returned to the applicant at the time
the permit is granted.
C. No work shall commence until the Engineer has approved the application
and plan and the Borough Clerk has issued a permit after applicant
has submitted all fees, deposits, certificates and bonds required
by this article.
D. Agree to save the Borough, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under said permit.
The acceptance of any permit under this article shall constitute such
agreement by the applicant, whether the same is expressed or not.
E. Pay a permit fee of $100; provided, however, that public utilities
or authorities may elect to be billed monthly for such fees as they
may accrue.
[Amended 3-20-2012 by Ord. No. 1007]
F. Pay a deposit of $35 to be applied against the fee of the Engineer
in inspecting the work authorized by the permit, and moneys not used
shall be returned to the applicant.
G. Furnish a performance bond as required by §
58-12 of this article for the proper repair of the street opening.
H. Pay a fee of $2.50 a square yard to cover the estimated cost of maintenance
for one year following completion of the work.
I. Furnish a certificate of insurance as required by §
58-13 of this article, or in case of a public utility or authority, furnish a certificate of self insurance.
J. Keep the original copy of the permit and an approved copy of the
plan. The permit must be in the possession of the party or parties
actually doing the work and must be exhibited to the Engineer, duly
authorized inspectors or, in the instances of county or state highways,
to the respective inspectors of these organizations.
K. Notwithstanding the requirements listed above, a public utility or
authority may, in lieu of the requirements for the maintenance charge
and performance bond, furnish the Borough with a performance bond
for the current year, in the amount of $5,000, guaranteeing compliance
with all provisions of this article.
L. Notwithstanding the requirements listed above, no owner of property in the Borough or his agent shall be required to submit any fees, deposits or performance bonds (Subsections
E,
F,
G and
H above) for his initial connection to the Borough sewer system.
Each applicant, prior to receipt of a permit, shall provide
the Borough with an acceptable certificate of insurance, indicating
that he is insured against claims for damages for personal injury,
as well as against claims for property damage, which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street and shall include protection
against liability arising from completed operations. The amount of
the insurance shall be prescribed by the Engineer in accordance with
the nature of the task involved, provided that the liability insurance
for bodily injury in effect shall not be in an amount less than $100,000
for each person and $300,000 for each accident, and, for property
damages, an amount not less than $50,000, with an aggregate of $100,000
for all accidents. Public utilities and authorities may be relieved
of the obligation of submitting such certificates if they are self-insured.
This article shall take effect as provided by law.