Borough of Stanhope, NJ Excavations

No person, firm or corporation shall dig up or excavate any road, street, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any state or county road or highway over which the Borough has acquired jurisdiction, in the Borough of Stanhope for the purpose of laying, replacing or repairing water or gas or sewer pipes, or for any other purpose whatsoever, without first obtaining a permit from the Borough Department of Public Works (DPW) Superintendent, which permit shall be in writing and signed by the said DPW Superintendent and shall state, as nearly as practicable, where said digging up or excavating is to be done. Said permit shall further contain the stipulation that it is issued with the express understanding and agreement that the applicant therefor shall pay the expenses of repairing and replacing such street, highway, alley or public place so, as aforesaid, dug up or excavated, which work shall be done under the direction of the Borough Engineer.

The fee for an excavation permit shall be as set forth in Chapter 82, Fees. In addition, the applicant is required to post a performance bond in the amount of 120% of the cost of the work to be done and must also post a maintenance bond in the amount of 10% of the cost of the work to be done and to be held by the Borough for one year. Also, fees shall be paid when the application is made. Permits may issue to other public bodies without fee.

Excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work was begun.

§ 120-2 Issuing authority for permits.

The Borough Department of Public Works (DPW) Superintendent is hereby authorized to issue such permit hereinbefore mentioned. The Superintendent shall determine the initial time limit during which the permit shall be valid.

§ 120-3 Application for permit.

Application for a permit shall be made to the Superintendent and contain the following information:

Name and address of the applicant.

Name of the street where the opening is to be made and the street number, if any, of the abutting property.

The Borough Tax Map block and lot numbers of the property for the benefit of which the opening is to be made.

Nature of the surface in which the opening is to be made.

Character and purpose of the work proposed.

Time when the work is to be commenced and completed.

Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimension of all openings.

The name and address of the workman or contractor who is to perform the work.

A statement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.

§ 120-4 Permit conditions and regulations.

Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.

Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended, in writing, by the Superintendent.

Interference and Police Department notice. All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chief of Police. The Police Department shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature, in which case notice shall be given to the Police Department when work commences.

Possession of permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Superintendent shall be kept in possession of the person actually performing the work and shall be exhibited on demand. The original of each permit shall remain on file with the Department of Public Works.

Revocation of permit. The Superintendent may revoke a permit for any of the following reasons:

(1)

Violation of any provision of this section 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 endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this Code to constitute a nuisance.

Modification of permit conditions. In a special case, the Council may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not apply or shall be altered.

Permits shall not be issued from November 1 through April 1 of each year due to anticipated weather conditions, absent an emergency, as determined by the Superintendent.

All openings, cuts and excavations in any road, street, public way, curbing, sidewalk, and/or landscaping shall be prohibited for a period of five years from the date of any improvements, road and/or sidewalk pavement completion unless, in the judgment of the Superintendent, an emergency exists which makes it absolutely essential that the excavation be permitted.

§ 120-5 Performance guarantees.

No permits shall be issued until the applicant has furnished a performance guarantee in favor of the Borough of Stanhope in a form and in an amount determined to be sufficient by the Borough Attorney. The Superintendent may waive the requirements of this section, in the case of public utilities, upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the performance guarantee which would otherwise be required. The performance guarantee shall be executed by the applicant as principal and, when applicable, a surety company licensed to do business in the State of New Jersey as surety, and shall be conditioned as follows:

To indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.

To indemnify the Borough from any expense incurred in enforcing any of the provisions of this article, including but not limited to reasonable professional fees.

To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors in the course of any work done under the permit.

The performance guarantee shall also be conditioned upon the applicant's restoring the surface and foundation of the street in accord with Borough specifications for which the permit is granted in a manner acceptable to the Superintendent.

Performance guarantees or a portion thereof not less than $500 shall remain in full force and continue in effect for a period not to exceed 12 months after acceptance by the Superintendent, or for such longer period as is determined by the Superintendent in order to guarantee the restoring of the foundation and surface of the street.

§ 120-5.1 Insurance.

No permit shall be issued until the applicant has furnished satisfactory proof of insurance against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors in the course of the work to be performed under the permit, as approved by the Borough Attorney. 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 $100,000 for injury to any one person, $300,000 for injuries to more than one person in the same accident, and an aggregate of $100,000 for property damage for a single incident. The Superintendent may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.

§ 120-5.2 Placing of lights around obstructions at night.

Whenever any person or persons has been issued a permit authorizing to dig up or excavate any of the streets, highways, alleys or public places in said Borough so as to obstruct and prevent the same from being used for the time being for the purpose of travel, such person or persons shall place, or cause to be placed, in conspicuous positions where such work is being done, at twilight in the evening, suitable and sufficient lights and keep them burning through the night during the performance of such work. All excavations shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with proper warning lights.

§ 120-5.3 Backfill and restoration specifications.

All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the Department of Public Works. Specifications for backfilling any excavations shall be as follows: Whenever transit pipe is encountered, it shall be covered, for at least one foot above the top of the pipe, with sand or other materials approved by the engineer. The remaining backfill must be mechanically tamped in six-inch layers and the street brought to its original grade. The surface shall be restored the same as the original surface of the opening. Boulders and other material unsuitable for backfill must be removed from the site at no expense to the Borough. If excavation shall not provide material enough to make the backfill as directed, additional material must be furnished from other sources at no additional cost to the Borough.

Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. All refuse and material shall be removed within 48 hours.

If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.

In all cases, the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:

(1)

No permittee shall commence the restoration of any street foundation or surface until the Superintendent has determined that settlement of the subsurface is complete and the area properly prepared for restoration. During the settlement period, the permittee shall keep the trench filled to the level of pavement.

(2)

The permittee shall be required to replace the permanent pavement when ordered to do so by the Superintendent within a period of six months following the completion of construction, should any additional settlement occur. If the permittee does not replace the permanent pavement to the satisfaction of the Superintendent, the permittee shall be required to pay the Borough the cost of making said repair, but not less than $50 for each time such repair is made. If payment to the Borough is not made at the time of repair by the Borough, the Superintendent may satisfy payment plus any additional fees from the posted payment made by the permittee.

(3)

The street surface shall be restored so as to extend six inches beyond the excavation on all sides.

(4)

The street surface shall be restored to the satisfaction of the Superintendent.

§ 120-5.4 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, forfeit and pay a fine of not more than $2,000 or be imprisoned for a term of not more than 90 days, or both, and the judge before whom any such person, firm or corporation is convicted shall have power to impose any fine not exceeding the maximum herein fixed.