[Adopted 1-22-1985 by Ord. No. 1856 (Ch. 219, Art. IV, of the 1979 Code)]
[Amended 7-23-2024 by Ord. No. 3037]
It shall be unlawful for any person, corporation or other business entity, municipal or private, or any utility company, public or private, to make any excavation, opening or tunnel in, on or under any of the streets, roads or highways of the City without having first obtained a permit for the same as hereinafter set forth or without complying with the provisions of this article or in violation of or variance from the terms of any such permit. Nothing contained in this section shall be construed as requiring the issuance of a permit for the performance of any work done by the City or under a contract with the City for the construction of water lines, sewer lines or street improvements or any other activity to be undertaken by the City or under a contract with the City.
Applications for such permits shall be made in writing and filed in triplicate with the City Manager or his designee and shall describe the exact location of the intended excavation, opening or tunnel, the size thereof, the purpose thereof and the person doing the actual work and the name of the person for whom the work is being done and the period of time within which the work shall be performed. The applicant shall state that it shall comply with all ordinances and laws relating to the work to be done.
A copy of the application shall be forwarded to the Police Department for a report concerning traffic control on the roadway or walkway to be affected, and a copy shall be forwarded to the Department of Public Works and the City Engineer, who shall jointly prepare an estimate setting forth the amount required to restore the street, sidewalk, road or highway to its original condition after the same has been excavated, opened or tunneled, in accordance with the application.
The permit shall be issued by the City Manager or his designee subject to such terms and conditions as he shall deem necessary to ensure safe and unimpeded traffic flow, provided that the applicant shall have paid a fee to the City and shall have filed a performance guaranty with the City as hereafter provided.
[Amended 6-14-2022 by Ord. No. 2938]
A. 
Fees, escrows, and deposits for permits shall be as follows:
(1) 
The fee for a road opening permit shall be $300.
(2) 
The fee for road opening inspections shall be $350, which shall cover up to a maximum of four site inspections. Additional inspections shall require a fee of $75 per inspection.
B. 
All permits shall be countersigned by the City Manager and the City Engineer. A preconstruction meeting may be required by the City Manager and/or the City Engineer. A preconstruction meeting shall be required for all excavations involving more than 100 linear feet.
A. 
No permit shall be issued unless and until the applicant therefor has filed with the City Manager or his designee a performance guaranty, in an amount of $5,000, to ensure that the surface of the portion of the public way to be excavated, opened or tunneled shall be restored to its original condition within the time set forth in the application for the permit.
[Amended 6-14-2022 by Ord. No. 2938]
B. 
As shall be determined by the DPW Superintendent or his/her designee, the performance guaranty may be in the form of a cash bond accompanied by a certified check payable to the City of Garfield or in the form of a surety bond issued by a bonding or surety company authorized to do business in the State of New Jersey, and shall be in an amount equal to the Engineer's estimate. The bond shall remain in full force and effect until released, which release shall be given upon satisfactory completion of the restoration of the surface in accordance with the terms and conditions as set forth in the permit.
[Amended 6-14-2022 by Ord. No. 2938]
C. 
In the event of failure of performance under a cash bond, the City may use the proceeds of the cash bond to pay the cost of restoration, and any amount in excess of the cost shall be returned to applicant. In the event of failure of performance under a surety bond, the City Manager shall notify City Council, which shall authorize the commencement of appropriate proceedings to compel performance in accordance with the terms of the bond.
A. 
It shall be unlawful to make any excavation, opening or tunnel in any way contrary to or at variance with the terms of the permit.
B. 
Proper bracing shall be maintained to prevent the collapse of adjoining ground, and, in excavations, the excavation shall not have anywhere below the surface any excavated portion which extends beyond the opening at the surface.
C. 
No injury shall be done to any pipes, cables or conduits in the making of such excavations, openings or tunnels, and notice shall be given to the person maintaining the pipes, cables or conduits which are or may be endangered or affected by the work to be performed, before the pipes, cables or conduits shall be disturbed.
D. 
No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
[Amended 12-22-1992 by Ord. No. 2106]
During the progress of the work and until the street, road or highway has been restored to its former condition, the person responsible for making the excavation, opening or tunnel shall cause the same to be properly guarded, both in daytime and at night in such a manner as to prevent injury to persons and property in accordance with the Manual on Uniform Traffic Control Devices, (MUTCD) as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic.
If any sidewalk is blocked by any work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient.
A. 
Any person making any excavation, opening or tunnel in, on or under any street, road or highway in the City shall restore the surface to its original condition if there is no pavement there. Refills should be properly tamped down, and any bracing in a tunnel or excavation shall be left in the ground.
B. 
Any excavation or opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the ordinances of the City and under the supervision of the City Manager.
[Amended 6-14-2022 by Ord. No. 2938; 7-23-2024 by Ord. No. 3037]
A. 
The City Manager or his designee shall from time to time inspect or cause to be inspected all excavations, openings or tunnels being made in, on or under any street, road or highway in the City to see to the enforcement of the provisions of this article. Notice shall be given to him at least 10 hours before the work of refilling any tunnel or excavation commences.
B. 
Upon completion of the work involved in such street opening, a request for inspection shall be made to the Superintendent of the Department of Public Works. If the inspection discloses that the street has been properly restored, he shall issue a certificate of proper restoration and cause the same to be filed with the City Clerk.
C. 
The person, corporation or other business entity, or any utility company receiving the permit, shall be responsible for the proper maintenance of that portion of the street over which the permit has been issued, including continued backfilling to compensate for settlement, for a period of one year from the date of the certification of the proper restoration of the street by the Superintendent of the Department of Public Works. The permittee shall assume all liability for damages resulting therefrom or in any way connected therewith.
D. 
The City may, upon the determination of the Department of Public Works and/or the City Engineer that the requirements of this article or the requirements of the permit issued are not being met:
(1) 
Order a temporary stop to any road opening.
(2) 
Order that the applicant perform or correct work in accordance with the directions of the City.
(3) 
Order a stop to any work and revoke the permit; in which event the City of Garfield shall complete the work or cause it to be completed and either declare the applicant's deposit forfeited or notify the applicant's surety of an intent to file claim on the bond.
(4) 
Authorize the correction of any work after notification to the permittee and after the neglect or the refusal of the permittee to make such corrections within 24 hours and, after the completion of the same, either declare the permittee's deposit forfeited or notify the permittee's surety of an intent to file a claim on the bond.
(5) 
Take any other action deemed reasonable under the circumstances to protect the City's interests or to protect the public.
Notwithstanding the provisions of this article, any person may open up any City road, street or highway to repair any utility, provided that it is an emergency and any delay in obtaining the required permit would result in endangering the health and general welfare of the inhabitants of the City; provided, however, that a permit as required herein is obtained within 72 hours after the emergency is discovered.
[Amended 4-25-2006 by Ord. No. 2457]
Each and every person violating any of the provisions of this article shall, upon conviction, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.