[Amended 4-12-1988 by Ord. No. 88-04; 7-13-1999 by Ord. No. 99-15; 12-10-2002 by Ord. No.
02-28; 2-11-2003 by Ord. No. 03-02]
No person, firm, corporation, public utility
or authority shall hereafter tear up, open or excavate any portion
of the right-of-way of any street in the Borough of Garwood owned,
maintained or controlled by the Borough of Garwood for any purpose
whatsoever without first making application for and receiving a permit
therefor signed in the name of the Borough of Garwood by the Borough
Engineer or such other person as the Borough Engineer shall designate
in a writing filed in the Office of the Borough Clerk.
[Amended 7-27-2023 by Ord. No. 23-17]
Application for permits shall be made in writing
to the Borough Engineer, shall set forth the name and address of the
applicant and shall describe the location of the intended excavation,
opening, tunnel or obstruction; the size and purpose thereof; time
for completion of the work; the name and address of the person to
perform the work; the person ordering the work, and the person responsible
for restoring the permanent pavement. A diagram, in triplicate, indicating
the nature and extent of the excavation, opening, tunnel or obstruction
shall accompany this application. A separate permit shall be required
for each and every opening unless otherwise agreed by the Borough
Engineer. The applicant shall sign the application and shall be bound
for all obligations of the permit and shall be referred to hereafter
as the permittee. A permit shall not be transferred unless authorized
in writing by the Borough Engineer. Permits are valid for 60 days;
all work must start within 30 days of permit being issued and completed
within 60 days.
[Amended 7-27-2023 by Ord. No. 23-17]
No permit shall be granted except upon payment
by the applicant of the following fees:
A.
All permittees, including public utilities, shall deposit the cash bond specified in § 146-3, which may be paid in cash or by check or bank draft, unless otherwise determined by the Borough Engineer. All deposits required hereunder shall be held in a separate account by the Borough Treasurer. All deposits shall be retained by the Borough for a period of one year from the completion of the work. If the work meets the specifications of the Borough of Garwood, upon approval by the Borough Engineer, in writing, the cash bond shall be returned to the permittee. If the Borough Engineer determines, however, upon final inspection, that the construction or repair was unsatisfactory or otherwise in violation of the approved plans, and should the permittee, upon receipt of written notice of deficiencies fail to remedy same within seven days, then the Borough Engineer shall cause repair, replacement or restoration of the opening to be done, either in whole or in part, and the cost thereof shall be deducted from the cash bond made by the permittee.
B.
The Borough Engineer shall have the right to perform
borings in the pavement, cut cores in the pavement or to perform other
investigations as deemed necessary to confirm that the provisions
of the road opening permit have been satisfied. The cost of such investigations
shall be charged to the permittee. The Borough Engineer may require
the permittee to enter into a cash bond which shall be in place for
a period of one year from the date of acceptance of said work and
shall provide that the permittee guarantee the work in the manner
required by the specifications.
C.
The Borough Engineer may require an extended maintenance
period or an additional maintenance bond depending upon the nature
of the work involved or the workmanship observed during construction.
D.
The maintenance bond shall be executed by the permittee
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 Garwood
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 permittee under the permit.
(2)
To indemnify the Borough of Garwood 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 permittee, his agents, employees or subcontractors done in
the surface and foundation of the road and for which the permit is
granted in the manner acceptable to the Borough Engineer. The bond
shall be conditioned upon the permittee restoring the surface and
foundation of the street abutting the work site and those streets
which had sustained damage through the use of construction equipment
and by their 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 Borough Engineer.
For utility main construction, other or additional
regulations may be prescribed by the Mayor and Council. Plans for
such projects must have the approval of the Borough Engineer before
a permit may be issued.
A.
Prior to the start of any paving or repaving work
on any street of the Borough of Garwood, the Borough Engineer shall
notify each utility company of said work in order that any excavations
be completed before paving is started. Such notice shall provide that
no excavation permit shall be issued for openings, cuts or excavations
in said street for a period of five years from the date of such paving.
The notice shall also provide that applications for excavation permits
for work to be done prior to such paving or repaving shall be submitted
promptly in order that any work may be completed not later than 45
days from the date of such notification.
B.
In the event that an emergency exists which shall
require a road opening within such five-year period, a cash bond in
an amount up to $10,000 shall be required by the Borough Engineer
to assure that any street opening on any street paved within five
years is restored satisfactorily. The restoration shall include milling
and repaving of the area so as to blend uniformly with the adjacent
roadway.
C.
Within said 45 days, every public utility company
receiving notice as prescribed herein shall perform such excavation
work, subject to the provisions of this article, as may be necessary
to install or repair sewers, mains, conduits or their utility installations.
In the event any permittee shall fail within said 45 days to perform
such excavation work as may be required to install or repair utility
service lines or service connections to the property lines, any and
all rights of such permittee or his successors in interest to make
openings, cuts or excavations in said streets shall be forfeited for
a period of five years from the date of enactment of said article.
During said five-year period, no excavation permit shall be issued
to open, cut or excavate in said street unless, in the judgment of
the Borough Engineer, an emergency exists which makes it absolutely
essential that the excavation permit be issued.
D.
A permittee obtaining such emergency permits shall
observe any special backfill or other construction requirements requested
by the Borough Engineer. All emergency work performed in the absence
of the Borough Engineer shall be subject to testing, if deemed necessary,
to determine those conditions of said permits have been satisfied.
All testing costs shall be charged to the permittee.
A.
Wherever it is necessary to cross over, through or
under existing bridges or culverts, plans must be filed with the Borough
Engineer which will outline in detail the proposed method of crossing
such structures. No work of any kind whatsoever shall be performed
until the said supplemental plans have been approved by the Borough
Engineer.
B.
Detailed plans of all construction proposed at waterways
and bridges shall be submitted to the New Jersey Department of Environmental
Protection for approval when required; after which an approved copy
shall be forwarded to the Borough Engineer for approval.
If future installation of drainage or sewer
facilities or the regrading and/or realignment and widening of pavements
is prevented by the presence of the underground structures covered
by this permit, then the cost of making the necessary changes in said
structures, so as to permit installation of the proposed drainage
or sewer facilities or to permit regrading and/or realignment and
widening of pavements, shall be done by the permittee.
The street when opened pursuant to this article
and permit shall conform to the most recent restoration designs, plans,
details, specifications and method of construction and traffic control
devised and required by the Borough Engineer. All permits issued under
this section 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 shall
be maintained between sunset and sunrise by the person to whom such
permits have been issued to designate such openings or obstructions
during the hours of darkness. Reflective barrels, blinking lights,
warning signs, flagman, uniformed traffic officers and all other man-powered
equipment as required by or directed by the Borough Engineer shall
be provided.
(2)
The work area shall be made passable to all emergency
vehicles during all phases of the work.
(3)
In the event that the work requires the detour of
the vehicular traffic, the permittee shall submit a detour plan for
review and approval by the Borough Engineer who, at his sole discretion,
may require the approval of the municipalities involved prior to any
road closings.
(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 damaged or destroyed shall be
properly protected by the person doing any work for which a road 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.
No person shall divert or discharge water into, upon
or across any street or sidewalks so that a nuisance is created or
a hazardous condition is caused to exist as a result of the work of
the permittee or cause the adjacent pavement to be damaged.
D.
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 thereof. 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;
the excavation shall not have any portion below the surface extending
beyond the opening at the surface.
E.
No injury shall be done to any pipes, cables or conduits
in the making of such excavations or tunnels. Notice shall be given
beforehand to the utility company maintaining any such pipe, cables
or conduits or to the officer charged with the care thereof which
are or may be endangered or affected by the making of any such excavation
or tunnel.
F.
The permittee shall not be authorized to proceed with
any excavation until he submits to the Bureau of Inspection a reference
number or verification stating that Garden State Underground was notified
at:
|
One Call System
Garden State Underground
1450 Route 22 West
Mountainside, New Jersey 07092
1-800-272-1000
|
G.
All work by the permittee shall be done in accordance
with the provisions of N.J.S.A. 34:6-47.1 et seq. and in accordance
with the provisions of the Federal Occupational Safety and Health
Act of 1970 and of subpart N, Paragraph 1926.550, of the rules and
regulations issued under said Act.
H.
No work shall occur in such a manner as to result
in damage or destruction of any property of the Borough of Garwood
unless this is necessary for completion of the work and written permission
has been obtained in advance from the Borough Engineer.
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.
(1)
Where top soil, seeded areas or sod is 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.
Bar holes and probes by utility companies shall be
restored within 24 hours unless otherwise authorized by the Borough
Engineer. A permit will need to be issued if either of these terms
is not completed.
K.
If permittee shall fail to comply with the rules and
regulations as provided in this section, after receipt of written
notice, then the Borough reserves the right to take any action to
insure compliance with the section. In that event, the permittee shall
be charged with the cost of same at a rate determined by the Borough
Engineer based on annual Borough contract rates, if such are in effect,
or a certain schedule of costs maintained by the Borough Engineer,
based on the rates in the contractor's blue book plus 15%. Permittee
shall be responsible for the expense incurred by the Borough. Any
monies due to the Borough in excess of the permit fee shall be billed
upon completion of the work and shall be paid by the permittee within
30 days after the receipt of the bill. Failure to pay such dues shall
result in the permittee paying the maximum interest rate allowed by
law, as well as any attorney's fees and costs incurred by the Borough
in furtherance of the collection of said monies.
(1)
The Borough Engineer shall also have the authority
to deny all future permits until differences identified as above are
corrected to the satisfaction of the Borough Engineer.
A.
The Borough 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, bridge or curb work made
by any person by virtue of the provisions of this chapter.
B.
Neither the Borough nor any of its employees shall
be deemed to be the agent of the permittee for the purpose of this
section, nor shall they be deemed to have assumed any liability or
responsibility by reason of the undertaking of any inspection authorized
hereunder, the issuance of any permit or the approval of any work
or for any other reason.
Every permittee shall, as a condition for accepting
any permit issued hereunder, save and hold harmless the Borough and
indemnify the 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 from the opening
of any street and the issuance of a permit therefor as provided in
this section.
No cash deposit, certified check or performance
bond shall be released until all repairs, payment of all monies due
to the Borough pursuant to this resolution and the restoration and
repaving of excavated areas to the satisfaction of the Borough Engineer
is completed and a one-year guarantee period, if required, in a form
acceptable to Borough Counsel is in place to insure proper installation
and maintenance. Deposits and bonds shall be released only by the
Borough Engineer.
Immediately after the work is performed for
which the opening was made, road repair and backfilling shall be done
in accordance with details prepared by the Borough Engineer which
accompanied the permit. Excavated material shall not be used as backfill
unless approved by the Borough Engineer. Backfilling with clay or
heavy black loam shall not be permitted. Temporary pavement or patch
work shall be removed approximately one month later. In all cases,
the opening shall be restored to the grade, slope and profile that
prevailed at the time of the opening as directed by the Borough Engineer.
A.
The permittee shall notify the Borough Engineer in
writing at least 48 hours in advance of any activity. Likewise, the
permittee shall notify the Borough Engineer at the completion of the
activity or project.
B.
Failure to provide such notification may result in
additional fees being imposed on the permittee. The permittee shall
keep a copy of the permit at the site at all times. The permittee
shall retain full responsibility for any damages which may result
from any construction activity notwithstanding any approvals from
the Borough Engineer.
C.
The excavation and the work required to be done shall
be completed within reasonable time. Trenches shall not be kept open
when work is not in progress. If work is stopped for more than 24
hours, the trench shall be temporarily backfilled and capped with
a temporary pavement. Upon completion of work, it shall be inspected
by the Borough Engineer. The permittee shall start work within 20
working days of issuance of a permit, and the permit shall remain
valid for 60 working days from the start of work unless otherwise
authorized by the Borough Engineer. If work on the permit does not
start in 20 working days, then the permit shall expire and a new permit
shall be obtained unless a written extension is obtained from the
Borough Engineer. The validity of a permit may be extended, if so
requested in writing by permittee prior to the expiration period thereof,
for such additional periods as determined by the Borough Engineer.
In the event the repairs are not performed within
the required time frame on the permit or the Borough Engineer does
not approve the replacement, the permittee shall be so notified in
writing and shall be given a reasonable time to correct the deficiencies.
Upon failure of the permittee to correct said deficiencies, the Borough
Engineer shall cause the street to be properly repaired, and any expenses
shall be billed to the permittee. The Borough Engineer shall also
have the authority to deny all future permits until deficiencies identified
as above are corrected to the satisfaction of the Borough Engineer.
A.
The Borough Engineer, at such time or times as he
shall deem necessary, may cause the work being done by the permittee
to be inspected by the Borough Engineer.
B.
The Borough Engineer may, upon failure of a permittee
to comply with the conditions of the permit and upon reasonable notice,
stop any work being performed in the right-of-way. The Borough shall
have the right to remedy any deficiency and assess the permittee the
costs of any remediation. The Borough Engineer may deny any and all
future permits to said permittee until trench backfilling, trench
restoration and final repair activities shall be scheduled in succession
and shall not be fragmented.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any road breaks, bursts or otherwise
is in such condition as to immediately endanger the property, life,
health or safety of any individual, the person, company or utility
owning or controlling such sewer, main, conduit or utility, without
first applying for and obtaining an excavation permit hereunder, shall
immediately take proper emergency measures to secure or remedy the
dangerous conditions for the protection of property, life, health
and safety of individuals. However, such person owning or controlling
such a facility shall apply for an excavation permit not later than
the end of the next succeeding day during which the Borough permit
office is open for business and shall not proceed with permanent repairs
without first obtaining an excavation permit hereunder.
Where the permittee is not making progress satisfactory
to the Borough Engineer or violates any provision of the permit, the
Mayor and Council hereby authorizes the Borough Engineer to revoke
the permit and to replace, by its own repair force, the pavement removed
by said permittee on any Borough street, bridge or curb at the expense
of the permittee. Written notice shall be given by the Borough Engineer
of intent to make such repairs. The permittee shall complete proposed
construction within the time specified in the permit. If not done
within this time and if no extension has been obtained, such failure
to complete shall be deemed a violation.
A.
The permittee shall maintain vehicular and pedestrian
traffic over the street within the scope of the project at all times.
B.
The permittee shall backfill all excavated areas within
the street to a grade compatible with the existing traveled way at
such time he is not actively working. This shall include nights, weekends
and periods of shutdowns. Trenches shall not remain open overnight
under any circumstances without prior approval from the Borough Engineer.
C.
Streets in areas within which the permittee has actually
commenced construction operations and which are reserved for traffic
shall be maintained by the permittee, at his expense, free from obstructions
and in a smooth riding condition at all times, including seasonal
shutdowns.
D.
Escape ramps shall be provided at the edges of pavement
lifts or at excavations.
E.
Final responsibility for the installation of adequate
precautions and for the protection of the traveling public and his
own personnel, for the duration of the work, shall rest with the permittee.
F.
Compliance with all prescribed safety precautions
contained herein shall not relieve the permittee of his primary responsibility
to take all necessary measures to protect and safeguard the public
nor relieve him of any responsibilities described in the resolution.
G.
If the excavation extends the full width of the street,
only 1/2 of the street shall be excavated at one time and shall be
backfilled and a temporary pavement placed before the other half is
excavated, unless otherwise permitted by the Borough Engineer, so
as not to interfere with traffic. Where considered necessary, work
under a permit shall be carried on only within such hours as allotted
by the Borough Engineer. If work cannot be completed within time specified,
open trenches shall be backfilled or covered with steel plates of
sufficient strength to carry all traffic safely. Plates must be recessed,
pinned and can only be left out with the approval of the Borough Engineer.
If, in his judgment, traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the Borough Engineer shall have
full power to order, at the time the permit is granted, that a crew
of men and adequate facilities be employed by the permittee 24 hours
a day to the end that such excavation work may be completed as soon
as possible. The Borough Engineer shall also have full power to limit
the hours of work as the public interest may require.
Each permittee shall conduct and carry out the
excavation work in such a manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris.
Users of subsurface street space shall maintain
accurate drawing and plans showing the location and character of all
underground structures, including abandoned installations. Said drawings
and plans are to be kept on file in the office of said users and shall
at all times be available for inspection by the Borough Engineer.
The provisions of this chapter shall not be
applicable to any excavation work under the direction of Borough authorities
by employees of the Borough or by any contractor of the Borough performing
work for and on behalf of the Borough necessitating openings or excavations
in Borough streets, curbs or bridges.
A.
No person shall obstruct or damage any sidewalk or
cause or suffer the same to be encumbered with debris or other obstructions
of any kind.
B.
Nothing in this section shall prohibit merchants from
placing wares, goods or merchandise upon the sidewalks for the purpose
of loading and unloading the same, provided that free passage over
such sidewalk is not obstructed and provided that the same is removed
without unreasonable delay.
Any building or any appurtenance or fixture connected therewith, or any window, sign, showcase, showbill, step, porch, platform, cellar door, covering (except a cloth awning having an elevation of at least seven feet above the sidewalk), or any other structure, obstruction or encroachment of any kind which now or hereafter be erected or constructed or maintained, or any goods, wares or merchandise placed or maintained contrary to the provisions of § 146-9 shall forthwith be removed by the person erecting, constructing or maintaining the same, upon notice in writing from the Superintendent of Public Works so to do; in the event of the refusal or neglect of such person so to remove such building or other obstruction or encroachment after such notice, the Superintendent of Public Works may remove the same or cause it to be removed at the expense of the person so erecting, constructing or maintaining the same.
A.
No person operating any vehicle shall drive upon the
sidewalk or curb in the Borough or cause or permit to be caused any
damage to any sidewalk or curb in the Borough.
B.
The Borough Clerk may, upon receipt of a deposit of
$200, said deposit to serve as security for any damage to a curb or
sidewalk, issue a temporary permit for the passage of any vehicles
over or across any curb or sidewalk, but such a permit shall not in
any case be permanent, and, at the expiration of the time of the permit,
the deposit or portion of same may remain after just deductions for
repairs to said sidewalk or curb shall be returned to the holder of
the said permit. This provision shall in no way be construed to limit
the liability of the holder of said permit to the amount of the deposit.
In the event the damage exceeds the amount of said deposit, liability
to the Borough shall be for the full amount of damages.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
