[Adopted 6-27-1972 by Ord. No. 72-9 as Ch.
19, Art. 2, of the Revised Ordinances of 1972]
[Amended 6-13-1978 by Ord. No. 78-12]
A.
No person other than the Borough or other political
subdivision of the State of New Jersey or a quasi-public authority
or similar body established by a political subdivision or by the state
shall disturb or cause to be disturbed (by digging up, excavating,
cutting, tunneling under or otherwise) the surface or bed of any Borough
street, public place, sidewalk, gutter, pavement or other area within
the public right-of-way without a permit therefor as hereinafter provided.
B.
No work for which a permit is required hereunder shall
be commenced until a permit shall first have been obtained as hereinafter
required; provided, however, that in the event of emergency constituting
an immediate jeopardy to persons or property, such work may be commenced
immediately if:
C.
The right to perform work under a permit shall expire
on the day following the completion date stated in the application;
provided, however, that if the permittee shall be unable to commence
or complete the work within the time specified, he or she may, prior
to said expiration date, request an extension of time by a writing,
addressed to the Superintendent of the Department of Public Works,
setting forth the reasons for the requested extension. If such an
extension is necessary and not contrary to the public interest, the
Superintendent may grant additional time for the commencement or completion
of the work.
[Amended 6-13-1978 by Ord. No. 78-12]
A.
Application for a permit shall be made to the Borough
Clerk on such form as shall, from time to time, be approved by resolution
hereafter adopted by the Borough Council.
B.
The application shall be accompanied by:
(1)
A plan, in quadruplicate, detailing the work to be
performed.
(2)
Certificate of insurance coverage, or a statutory
form of certificate of self insurance in an amount of not less than
$1,000,000 for bodily injury or death and not less than $500,000 for
property damage, expressly designating the Borough and its agents
as additional named insureds.[1]
(3)
A cash deposit or corporate surety bond in amount
sufficient to comply with the fee and deposit schedule hereinafter
set forth.
C.
The application shall bear the recommendation of the
Superintendent of Public Works and the approval of the Borough Engineer,
and the permit shall be issued by the Borough Clerk.
D.
Acceptance of the permit shall constitute an agreement
by the applicant to indemnify and save the Borough, its officers,
employees and agents harmless from any and all costs, fees, expenses,
charges, damages and liabilities of any nature whatsoever which may
accrue or be claimed to accrue by reason of the work or project that
is the subject of the application.
[Amended 6-13-1978 by Ord. No. 78-12; 4-24-1984 by Ord. No. 84-6; 3-12-1985 by Ord. No. 85-3; 5-13-1997 by Ord. No.
97-8]
A.
The schedule as provided in Chapter 138, Fees, shall be utilized in computing the fee and deposit required in connection with the issuance of a permit.
B.
A public utility may, at its option:
(1)
Elect, in lieu of a cash permit and inspection fee,
to be billed periodically therefor by the Borough;
(2)
Elect, in lieu of paying a maintenance charge and
supplying a performance bond for each opening, to furnish the Borough
with an annual performance bond in the amount of $5,000, guaranteeing
compliance with all provisions of this article.
[Added 6-13-1978 by Ord. No. 78-12; amended 3-12-1985 by Ord. No. 85-3]
A.
The Borough Engineer or the Superintendent of the
Department of Public Works is hereby authorized and directed to promulgate
proposed written regulations for the implementation and enforcement
of the provisions of this article. Such regulations shall include,
but shall not be limited to:
(1)
Limitations on the time of making of an opening;
(2)
Restrictions for the protection of existing and proposed
surface and subsurface installations, monuments and drainage facilities;
(3)
Requirements for the storage and removal of excavated
materials;
(4)
Requirements for safety precautions to be taken by
the permittee;
(5)
Restrictions as to the periods of day when the work
may be performed; and
(6)
Requirements for backfilling, inspecting, restoring
and maintenance of openings.
B.
Notice that the Borough Engineer has promulgated and
filed for public inspection said proposed street opening regulations
in the office of the Borough Clerk shall be published once a week
for two successive weeks, informing the public of such promulgation
and filing and fixing a date when and where the Borough Council will
consider approval, modification or rejection of said proposed regulations
by resolutions.
C.
All excavations within the public right-of-way shall
be backfilled with broken stone or gravel, regardless of the purpose
of the excavation or opening. Excavation and backfill methods shall
be as currently specified by the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, with addenda.
[Added 5-13-1997 by Ord.
No. 97-8]
[Added 12-9-2014 by Ord.
No. 14-17]
The following specifications and procedures shall be applicable
to all pavement on roads and streets within the Borough of Hillsdale:
A.
For openings of less than 100 square feet in surface area, the upper
7 1/2 inches of trench shall be filled by the applicant with
graded one-and-one-half-inch stone equal to the applicable and current
State Specification(s), with dust, compacted by a five-ton roller.
After 24 hours of traffic, or other period as stipulated by the appropriate
Borough official, the edges of the trench shall be saw cut parallel
to the street center line and six inches outside the widest trench
limits, after which the upper 3 1/2 inches of stone shall be
removed and final pavement shall be constructed. After 30 calendar
days, and after six months, the applicant shall place fine aggregate
bituminous concrete in depressed areas to form a smooth, even street
surface.
B.
For openings of greater than 100 square feet in surface area, the
upper 7 1/2 inches of trench shall be filled by the applicant
with five inches of graded one-and-one-half-inch stone equal to the
applicable and current State Specification(s), with dust, and 1 1/2
inches of stabilized base material equal to the applicable and current
State Specification(s), compacted by a ten-ton roller. The surface
shall be maintained by the applicant for not less than 30 calendar
days and, at the discretion of the appropriate Borough official, to
a maximum of 90 calendar days, such that maximum surface depression
is one inch. Thereafter, the edges of the trench shall be saw cut
parallel to the street center line and six inches outside the widest
trench limits, after which the upper 3 1/2 inches of material
shall be removed, and final pavement shall be constructed. After six
months, the applicant shall place fine aggregate bituminous concrete
in depressed areas to form a smooth, even, street surface.
C.
For emergency openings from November 15 through March 31, the procedure
shall be the same as for openings greater than 100 square feet, except
that temporary paving material may be approved cold patching compound,
if hot material is not available.
D.
Final pavement in all cases shall be four inches of graded one-and-one-half-inch
stone, equal to the applicable and current State Specification(s),
with dust, two inches of stabilized base material equal to the applicable
and current State Specification(s), 1 1/2 inches of fine aggregate
bituminous concrete equal to the applicable and current State Specification(s),
feathered over a twelve-inch width of tack coat, to meet adjacent
surfaces. All thickness shall be as measured after compaction by a
ten-ton roller.
E.
Where a trench exceeds 100 feet in length, a one-and-one-half-inch
surface course shall be placed from curb to curb on all streets. Where
a trench exceeds six feet in width, or is skewed to street center
line or is connected to spur trenches, a one-and-one-half-inch surface
course shall be placed from curb to curb. In all cases the surface
shall be cleaned end tack coat placed before application of surface
course, which shall be feathered toward each curb.
F.
Upon prior approval of the appropriate Borough official, subgrade
stone may be replaced with an equivalent thickness of stabilized base
material.
G.
The roadway restoration and trench repair as stipulated within this
section shall be followed. If it is found during trench excavation
that a roadway section is thicker than stipulated within this section,
the existing, thicker pavement section shall be constructed.
H.
All roadway restoration work shall be performed to maintain current
drainage patterns. In addition, unless authorized by the Borough,
roadway surface grade elevations shall not change. If milling is necessary
to satisfy these requirements, milling shall be performed in accordance
with current NJDOT regulation and in accordance with the requirements
as stipulate by the Borough and its professionals.
[Added 6-13-1978 by Ord. No. 78-12]
A.
Any permit may be revoked by the Borough Engineer
or Superintendent of Public Works, after notice to the permittee,
for:
(1)
Violation of any condition of the permit or of any
provisions of this article or any regulation promulgated pursuant
to this article;
(2)
Violation of any provisions of any other applicable
ordinance or law relating to the work;
(3)
Existence of any condition or the doing of any act
constituting or creating a nuisance or endangering the lives or properties
of others.
B.
Written notice of any such violation or condition
shall be served upon the permittee or his or her agent engaged in
the work. The notice shall contain a brief statement of the grounds
for revoking the permit. Notice may be given either by personal delivery
thereof to the person to be notified, or by certified or registered
United States mail, addressed to the person to be notified.
C.
A permittee may, if the Borough Engineer or Superintendent
of Public Works finds that immediate danger to persons or property
does not require immediate revocation, 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.
If the Borough Engineer or the Superintendent finds that immediate
danger to persons or property does exist, the permit may be revoked
immediately.
D.
When any permit has been revoked and the work by the
permit has not been completed, the Superintendent shall cause to be
performed 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 the condition existing before the opening. The permittee shall
be liable for all expenses incurred by the Borough under the provisions
of this section.
[Added 6-13-1978 by Ord. No. 78-12]
A.
If the proposed opening lies partly within a Borough
street and partly within a street under the jurisdiction of any other
public or quasi-public body, the applicant shall not proceed with
the work under the Borough permit until he or she has also procured
a permit for the work in the adjoining jurisdiction.
B.
If the proposed opening is in a street within the
Borough but wholly under the jurisdiction of another public or quasi-public
body, the work therein shall not be commenced until the holder of
a permit for said work shall have given not less than 48 hours notice
to the Borough Police Department.
[Amended 6-13-1978 by Ord. No. 78-12]
All sewer openings shall be made and inspected in accordance with Chapter 240, Sewers.
[Amended 6-13-1978 by Ord. No. 78-12]
Any person who violates any provision of this article shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.
