[Adopted 10-24-1967 by Ord. No. 440]
[1]
Editor's Note: Former Art. II, Obstructions and Encroachments,
adopted 5-18-1927 by Ord. No. 99, was repealed 10-24-1967 by Ord.
No. 441.
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:
Any person who makes application for a permit.
The Borough of Ho-Ho-Kus, County of Bergen, State of New
Jersey.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The person duly appointed Borough Engineer, or his authorized
deputy, representative or inspector.
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
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.
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[1]; 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]
ARTERIALThose streets which are used primarily for fast or heavy traffic.
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.
MINORThose streets which are used primarily for access to the abutting properties.
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.
ALLEYSMinor streets which are used primarily for vehicular service access to the back or side of the properties otherwise abutting on a street.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Permit required. It shall be unlawful for any person to make any
tunnel, opening or excavation of any kind in or under the surface
of any public sidewalk or street without first securing a permit from
the Borough for each separate undertaking; provided, however, any
person maintaining pipes, lines or other underground facilities in
or under the surface of any street may proceed with an opening without
a permit when emergency circumstances demand the work to be done immediately,
provided the permit could not reasonably and practically have been
obtained beforehand. The person shall thereafter apply for a permit
on the first regular business day on which the office of the Borough
Clerk is open for business; the said permit shall be retroactive to
the date when the work was begun.
B.
Street openings limited. No person to whom a permit has been granted
shall perform any of the work authorized by such permit in an amount
or quantity greater than that specified in the permit, except that,
upon the approval of the Engineer, additional work may be done under
the provisions of the permit in any amount not greater than 10% of
the amount specified in the permit. Any deposit and bond posted in
connection with the original permit shall be deemed to cover any such
additional work as may be approved pursuant to this section within
the limit mentioned herein.
C.
Commencement of work. Work for which a permit has been issued shall
commence within 30 days after the issuance of the permit therefor.
If not so commenced, the permit shall be automatically terminated.
Permits thus terminated may be renewed upon the payment of an additional
permit fee as originally required.
D.
Permits nontransferable. Permits are not transferable from one person
to another, and the work shall not be made in any place other than
the location specifically designated in the permit.
E.
Expiration of permits. Every permit shall specify the period of time
within which the work must be completed and shall expire at the end
of such period. If the permittee shall be unable to complete the work
within the specified time, he shall, prior to expiration of the permit,
present, in writing, to the Engineer a request for an extension of
time, setting forth therein the reasons for the requested extension.
If such an extension is necessary and not contrary to the public interest,
the permittee may be granted additional time by the Engineer for the
completion of the work.
F.
State and county highways. The provisions of this article shall not
be applicable in those instances where the highway is maintained by
the State of New Jersey or by the County of Bergen, except in such
cases where the Borough may have special arrangements with the state
or county.
G.
Revocation of permits.
(1)
Any permit may be revoked by the Borough Council or its designated
agents or employees after notice to the permittee for:
(a)
Violation of any condition of the permit or of any of the provisions
of this article.
(b)
Violation of any provision of any other applicable ordinance
or law relating to the work.
(c)
Existence of any condition of the doing of any act constituting
or creating a nuisance or endangering the lives or properties of others.
(2)
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the grounds relied upon for revoking
the permit. Notice may be given either by personal delivery thereof
to the person to be notified or certified or registered United States
mail addressed to the person to be notified.
(3)
A permittee may be granted a period of 48 hours from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
(4)
When any permit has been revoked and the work authorized by the permit
has not been completed, the Borough, its agents or employees shall
do such work as may be necessary to complete such work as was authorized
by the permit and to restore the street or part thereof to as good
a condition as before the opening was made. All expenses incurred
by the Borough shall be recovered from the deposit or bond the permittee
has been made or filed with the Borough.
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.
A.
Any person or permittee who shall make any excavation or trench in
any street of the Borough by virtue of any permit granted under the
provisions of this article shall backfill such excavation or trench
and replace the pavement, sidewalks and curbs in accordance with the
provisions of this article governing the construction of sidewalks,
curbs and streets in the Borough. Before any backfilling may commence,
it shall be the responsibility of the person charged with the duty
of performing the same to insure that any plumbing has been inspected
and approved by the proper official of the Borough. At least 48 hours
prior to backfilling the excavation or trench and replacing the pavement,
sidewalk and curbs, notice shall be given to the Borough Engineer
and/or the Superintendent of the Department of Roads. The Borough
Engineer and/or the Superintendent of the Department of Roads or their
authorized representative are hereby granted the authority to approve
the backfilling and replacement of pavement, curbs and sidewalks,
as aforesaid.
B.
All existing pavements, road surfaces, sidewalks, curbs, gutters,
pipes, manholes, drains, conduits or other installations or fixtures
and property liable to be injured, damaged or destroyed shall be properly
protected by the person or applicant doing any work for which a street
opening permit has been issued during the time when such work is being
performed, and responsibility for any such damage shall be assumed
by the person or permittee to whom such permit has been issued.
C.
Any person or permittee making any opening or excavation by virtue
of a permit issued under this article shall carry out the work as
expeditiously as possible and in such manner as to cause the least
possible inconvenience and to permit the use of the sidewalk by pedestrians,
the roadway by vehicles, and the flow of water along the gutters.
All openings, diggings, excavations, piles of material, equipment,
machinery, barricades or obstructions, including earth and stones
removed from excavations, shall be properly guarded at all times to
prevent accidents, and a sufficient number of lighted lanterns or
flares shall be maintained between sunset and sunrise by the person
or applicant to whom such permit has been issued to designate such
openings or obstructions during the hours of darkness. Where any excavation
or trench is to extend across the full width of any street, avenue,
road or highway, only 1/2 of the same shall be made at one time and
shall be properly backfilled before the other 1/2 is excavated so
as not to interfere with traffic.
D.
No person or applicant shall divert or discharge water into, upon
or across any street, avenue, road, highway or sidewalk so that a
nuisance is created or a hazardous condition caused to exist by the
accumulation of water or silt or by the formation of ice on the pavement
or road surface or cause the same to be damaged thereby.
A.
Performance bond requirements. Each applicant, prior to the receipt
of a permit, shall provide the Borough with an acceptable corporate
surety bond to guarantee faithful performance of the work authorized
by a permit granted pursuant to this article. The amount of the bond
shall be 100% of the estimated cost of the work to be done by the
permittee. The term of the bond shall begin upon the date of posting
thereof and shall terminate upon receipt by the permittee of a certificate
of final inspection from the Engineer. If the permittee anticipates
requesting more than one permit per year as required by this article,
he may furnish one continuing corporate surety bond to guarantee faithful
performance, in such amount as the Engineer deems necessary. The amount
of such bond shall be in relation to the cost of restoring pavement
cuts to be made by the permittee throughout the year.
B.
Default in performance. Whenever the Engineer shall find that a default
has occurred in the performance of any term or condition of the permit,
written notice thereof shall be given to the principal and to the
surety on the bond. Such notice shall state the work to be done, the
estimated cost thereof, and the period of time deemed by the Engineer
to be reasonably necessary for the completion of such work.
C.
Completion of work. After receipt of such notice, the surety must,
within the time therein specified, either cause the required work
to be performed or, failing therein, indemnify the Borough for the
cost of doing the work as set forth in the notice.
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.
A.
Notices of improvements. When the Borough shall improve or pave any
street, the Borough Clerk shall first give notice to all persons owning
property abutting on the street about to be paved or improved and
to all public utilities and authorities operating in the Borough,
and all such persons, utilities and authorities shall make all connections,
as well as any repairs thereto which would necessitate excavation
of the street, within 30 days from the giving of such notice. The
time shall be extended if permission is requested in writing and approved
by the Borough Council.
B.
Restrictions upon opening streets. No permit shall be issued by the Borough Clerk to any person given notice under Subsection A hereof which would allow an excavation or opening in a paved and improved street surface less than five years old, unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
C.
Penalty for opening streets. If, by a special action of the Borough
Council, a permit is issued to open any paved and improved street
surface less than five years old, a penalty charge shall be made for
the opening, except that the penalty shall be waived in the event
the work is of an emergency nature. The penalty charge shall be on
a sliding scale and shall be equal to 2% of the cost of restoring
the opening for each unelapsed month or fraction thereof of the five-year
restricted period.
A.
Map requirements.
(1)
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying sewerage, gas,
electricity, communications impulses, water or steam to or from the
Borough, or to or from its inhabitants, or for any other purpose,
shall file with the Borough Clerk, within two years after the adoption
of this article, accurate information showing the location, size and
description of all such installations.
(2)
Within 30 days after the first day of January of each and every year,
such person shall file with the Borough Clerk additional information
showing installations, including all those made or abandoned during
the previous years; provided, however, if no additions have been made
to its installation during the previous year, a utility or authority
may file with the Borough Clerk a written statement to that effect,
within the period of time specified above. A utility or authority
may, at its own option, elect to provide additional information throughout
the year as it is available rather than proceed as above noted.
B.
Notices to property owners and tenants. If the work to be undertaken
by the permittee is such that it will affect the use of properties
abutting or adjoining the project or any subsurface installation in
the vicinity of the proposed opening, then the permittee shall serve
each owner and/or tenant of such properties or subsurface installations,
personally or by certified mail, return receipt requested, with a
notice, at least 10 days prior to the date the work is to commence,
stating:
C.
Penalty for violation. Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $200 or by imprisonment for a term not exceeding 90 days,
or both. Each day that a violation is permitted to exist after notice
in writing shall have been served by the Engineer shall constitute
a separate offense.
D.
Severability. If any section, subsection, sentence, clause, phrase
or portion of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
E.
Repeal of existing ordinances. All ordinances or parts of ordinances
in conflict with the provisions of this article are hereby repealed.
This article shall take effect as provided by law.
