[Adopted by Ord. No. 1349 (§ 10-1 of the 1987 Code)]
No person other than duly authorized servants or agents employed or engaged by the Borough of Highland Park for the purpose, shall remove, dig into, disturb, excavate or take up or cause or procure to be removed, disturbed, excavate or dig up the surface of any Borough street, highway, alley, lane, court, sidewalk, public place or other public place or pavement for any purpose whatsoever except roads not under the jurisdiction of the Borough, without first obtaining a written permit for same as herein set forth. A separate permit shall be required for each opening made in furtherance of this article. The permit shall not be signed or transferred except upon the prior written consent of the Superintendent of the Department of Water and Sewer and/or his designee.
A. 
Applications for such permits as described in § 368-20 shall be obtained from and submitted to the Superintendent of the Department of Water and Sewer and/or his designee and shall set forth the name and address of the property owner from whom the work is to be done, the location and number of square feet of the street, avenue, road or highway, surface to be disturbed, the dimensions of the excavation, the nature of the street surface to be disturbed, the purpose thereof, when the excavation is to be made, the probable time required, the person, firm or corporation doing the actual excavation work, a statement that the opening or excavation must be adequately guarded to prevent damage to life or property until the opening or excavation is filled in and the surface of the street replaced in its original condition and a statement that the applicant will comply with all ordinances and laws relating to the work to be done, and such other information as may be required by the Superintendent of the Department of Water and Sewer and/or his designee.
B. 
Said application shall be in writing, dated and signed by the applicant. Only the person doing the excavation shall be allowed to apply for a permit and a permit shall only be issued to such person doing the excavation. The person doing the excavation shall be construed to mean the plumbing contractor or other contractor who has been retained by the property owner to install the lateral for gas, water or sewer pipes or any other purposes for which the street opening is being made.
C. 
An application shall be required for all emergency repairs. Should the repairs be required to protect the public safety, health and welfare, the public utility or individual shall make application for such a permit within 24 hours or the next business day, whichever is sooner; provided that the public utility or individual shall first telephone to or communicate with the Superintendent of the Department of Water and Sewer and/or his designee a statement concerning the emergency in question. In the event that office is closed, a telephone call or communication shall be made to the Borough Engineer or Borough Administrator who may grant oral emergency approval.
[Amended 9-21-2010 by Ord. No. 10-1792]
A. 
A minimum fee of $200 for each permit shall accompany the application and be paid to the Borough, Department of Water and Sewer.
B. 
A public utility may, in lieu of the provisions requiring fees as outlined above, post a bond with the terms and conditions as set forth in § 368-23. The bond shall be conditioned upon compliance with the applicable provisions of this article in respect to each street opening.
[Amended by Ord. No. 1358]
A. 
Every permittee, including each public utility as defined in N.J.S.A. 48:2-13, its supplements and amendments, desiring to obtain permits pursuant to this article, shall file each year with the Borough Clerk a bond, which may be the bond of the corporation solely, in the sum of $5,000 conditioned upon compliance with the applicable provisions of this article. In no event shall a public utility be permitted to obtain a permit after the adoption of this section without the posting of said bond.
B. 
In lieu of the provision in Subsection A above, each permittee shall have the option to file with the Borough Clerk with respect to each permit issued pursuant to this article a bond in such sum as shall be determined by the Superintendent of the Department of Water and Sewer and/or his designee conditioned upon compliance with the applicable provisions of this article, or in lieu thereof such permittee shall deposit with the Borough Clerk a certified check or cash in the amount to be determined by the Superintendent of the Department of Water and Sewer and/or his designee, based on the location of the area to be disturbed and based on the total area disturbed at a rate determined by the Superintendent of the Department of Water and Sewer and/or his designee based on current annual Borough and contract rates, if such are in effect, or a certain schedule of costs maintained by the Borough's Engineer, based on the rates in the contractor's blue book plus 15% to secure compliance with the applicable provisions of this article but in no event shall the amount of the bond or the amount of cash to be provided pursuant to this article be less than $500 for each permit.
C. 
Each bond filed pursuant to this article shall be in a form satisfactory to the Borough Attorney. The bond shall be executed by the applicant 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 Highland Park 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 applicant under the permit.
(2) 
To indemnify the Borough of Highland Park for any expense incurred in enforcing any of the provisions of this article.
(3) 
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or admission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit for the bond shall be conditioned upon the applicants restoring surface and foundation of the street for which the permit is granted in the manner acceptable to the Superintendent of the Department of Water and Sewer and/or his designee. The bond shall be conditioned upon the applicant restoring surface and foundation of the streets abutting the work site and those streets which had sustained damage through the use of construction equipment and by other 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 Superintendent of the Department of Water and Sewer and/or his designee.
No person to whom a permit has been issued under the provisions of this article shall disturb or move pavement other than that which the permit provides for, without first applying for and receiving permission to do so and paying the additional charges based on the rates prescribed in §§ 368-22 and 368-23, prior to the issuance of the additional permit.
Any person making any opening or excavation by virtue of a permit issued under this article shall commence work as expeditiously as possible, but in no event later than 10 days from the date of the permit and shall prosecute said work with due diligence to its completion. Such effective period may be extended, if so requested in writing by the permittee prior to the expiration period thereof, for such additional period as determined by the Superintendent of the Department of Water and Sewer and/or his designee, who shall notify the permittee, in writing, of any such extension. Such permit shall be valid for an effective period, not to exceed 30 consecutive calendar days to be determined and specified by the Superintendent of the Department of Water and Sewer and/or his designee. Such effective period may be extended, if so requested in writing by the permittee prior to the expiration period thereof, for such additional period as determined by the Superintendent of the Department of Water and Sewer and/or his designee, who shall notify the permittee, in writing, of any such extension.
A. 
The Superintendent of the Department of Water and Sewer and/or his designee may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this article 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 is unhealthy, unsanitary or declared by any provision of this Code or any State Code to constitute a nuisance.
B. 
The procedure for revoking a permit shall be the same as that set forth in § 290-19.
No permit shall be issued until the applicant has furnished the Superintendent of the Department of Water and Sewer and/or his designee with a certificate of insurance evidencing that he is insured against injury to persons and damage to property caused by any act or admission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. 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 $1,000,000 for bodily injury and $500,000 for property damage. The Superintendent of the Department of Water and Sewer and/or his designee may waive the requirement of this article in the case of public utilities upon the presentation of satisfactory proof that is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
All permits issued under this article 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, lanterns or flares shall be maintained between sunset and sunrise by the person whom such permit has been issued to designate such openings or obstructions during the hours of darkness. Reflective barrels, blinking lights, warning signs, flagmen, uniform traffic officers and all other man powered equipment as required by or directed by the Borough, police department, engineer, road superintendent or other Borough official shall be provided.
(2) 
The work area shall be continuously passable by all emergency vehicles during all phases of the work.
(3) 
In the event that the work requires the detour of the vehicular traffic, the person in possession of the permit shall submit a detour plan for review and approval by the Borough Police Department prior to the implementation of the work.
(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 injured, damaged or destroyed shall be properly protected by the person doing any work for which a street 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. 
Any excavation or trenches to be extended across the full width of any street, avenue, road, or highway, only 1/2 of same shall be made at one time and shall be properly back filled before the other half is excavated so as not to interfere with traffic.
D. 
No person shall divert or discharge water into, upon or across any street, avenue, road, highway or sidewalk in the Borough so that a nuisance is created or a hazardous condition is caused to exist as a result of the formation or the pavement or road surface damaged thereby.
E. 
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 therefor. 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; and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.
F. 
No injury shall be done to any pipes, cables, or conduits in the making of such excavations or tunnels; and notice shall be given to the person maintaining any such pipes, cables or conduits or to the Borough department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed.
G. 
No unnecessary damage or injury shall be done to any tree or shrub or the root thereof.
H. 
No work shall be done in such a manner as to interfere with any water main or sewer line or any connection with either of the same from any building unless that is the purpose of the excavation and only after written permission has been obtained in advance from the Superintendent of the Department of Water and Sewer and/or his designee. No work shall occur in such a manner as to result in damage or destruction of any property of the Borough of Highland Park unless this is necessary for completion of the work and written permission has been obtained in advance from the head of the Borough department having jurisdiction over such property.
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. Where topsoil, seeded areas or sod are 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. 
If the permittee shall fail to comply with the rules and regulations as provided in this article, after receipt of written notice, then the Borough reserves the right to take any action to insure compliance with this article. In that event, the permittee shall be charged with the cost of same at a rate determined by the Superintendent of the Department of Water and Sewer and/or his designee based on annual Borough and contract rates, if such are in effect, or a certain schedule of costs maintained by the Borough's Engineer, based on the rates in the contractor's blue book plus 15%. The expense incurred shall be deducted from the deposit, if any, posted by the permittee. Permittee shall be responsible for the expense incurred by the Borough, if the surety is insufficient to cover such expenses. Any monies due to the Borough in excess of the deposit shall be billed upon completion of the work and shall be paid within 30 days after the receipt of the bill. Failure to pay such interest shall result in the permittee paying the maximum interest rate allowed by law, as well as any attorneys' fees and costs incurred by the Borough in furtherance of collection of said monies.
Before any street is improved or paved, the Borough Clerk shall give notice to all persons owning property abutting the street and to all public utilities and authorities operating in the Borough that the street is to be paved and improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street, shall be completed within 30 days from receipt of the notice. The time for the completion of the work may be extended in writing by the Superintendent of the Department of Water and Sewer and/or his designee upon application by the person performing the work. This article shall not excuse any person from the requirement of obtaining a permit as provided herein.
Except in case of emergency, no person to whom notice was given as provided in § 368-29 shall be issued a permit to excavate the street to which the notice related for a period of five years unless its issuance is approved by the Borough Council. This article, however, shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given or where the public health or safety requires the performance of the work in question.
A. 
Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or other public place in the Borough shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tapped down, and any bracing in such tunnel or excavation shall be removed, unless in the opinion of the Superintendent of the Department of Water and Sewer and/or his designee, same is needed to support utilities.
B. 
Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant within 30 days of the initial excavation in compliance with the following schedule of pavement restoration and with the ordinance of the Borough and under the supervision of the Superintendent of the Department of Water and Sewer and/or his designee.
C. 
Furnishing of inspector.
(1) 
The Borough shall furnish an inspector for each day or portion thereof which a pavement is anticipated to be opened. No work may be performed without an inspector on site. In the event that a permittee shall perform any work without an inspector on site, the permittee shall be held responsible for any and all defects later found to be present.
(2) 
A public utility as defined in § 368-23 of this article may at the time it files its bond with the Borough Clerk apply for an exemption from this Subsection C. Said application shall be considered by the Superintendent of the Department of Water and Sewer and/or his designee. In no event shall the Superintendent of the Department of Water and Sewer and/or his designee approve such exemptions unless it is affirmatively shown that said public utility has in place an inspection system of its own which shall insure compliance with the rules and regulations of this article. To insure said public utility does have an inspection program in place, all public utilities which are granted an exemption under this article shall be required to submit to the Borough, a form to be provided by the Superintendent of the Department of Water and Sewer and/or his designee, with each permit, which form shall indicate if said inspections took place, when and by whom.
D. 
The edges of the excavated roadway shall be neatly trimmed to a clean vertical edge. All corners must form angles. No round corners are acceptable.
E. 
The backfilling of any excavation shall be done with Type 1, Class C, soil aggregate in accordance with New Jersey Department of Transportation Standard Specifications, latest revision, for bank-run sand and gravel. The backfill shall be placed in lifts not exceeding 12 inches which shall be compacted to a standard proctor density of 95%.
F. 
The backfill material and method of compaction shall be subject to the approval of the Superintendent of the Department of Water and Sewer and/or his designee. Under no circumstances shall wet or frozen material be used as backfill. Backfill containing organic material, brick, rock, tile or demolition rubble is also unacceptable as backfill.
G. 
The vertical edge shall be tack-coated with asphaltic oil, Grade RC-D, or emulsified asphalt, Grade RS-1, as specified in the New Jersey Department of Transportation Standard Specifications, latest revision.
H. 
Bituminous-concrete stabilized base complying with the requirements of New Jersey Department of Transportation Standard Specifications, latest revision, shall be placed to a minimum compacted thickness of six inches on top of the specified backfill material. The stabilized base shall be placed in two lifts, minimum, and compacted to optimum density.
I. 
The top course of bituminous concrete shall be FABC-1 as specified in the New Jersey Department of Transportation Standard Specifications, latest revision. The FABC-1 shall be placed in a minimum compacted thickness of 1 1/2 inches and compacted to its optimum density.
J. 
Temporary pavement.
(1) 
When the roadway excavation restoration is to be performed during seasonal periods which are not conducive to the placement of bituminous concrete, the applicant shall provide temporary pavement restoration on top of the specified backfill material until such time as suitable climatic conditions exist to effect the permanent restoration.
(2) 
The temporary pavement shall consist of the placement of a minimal compacted thickness of four inches of cold mix bituminous concrete Type HA or HT, in accordance with New Jersey Department of Transportation Standard Specifications, latest revision.
(3) 
It shall be the applicant's responsibility to continuously maintain this temporary pavement as directed by the Borough representatives.
(4) 
Prior to effectuating the permanent repairs, the temporary pavement shall be completely removed and the disturbed backfill material re-compacted.
In the event the applicant does not restore the ground and lay the pavement in the manner and within the time provided for herein, then the Borough shall properly restore said ground and lay said pavement, charging the expense thereof to the deposit, if any, posted by the applicant at a rate determined by the Superintendent of the Department of Water and Sewer and/or his designee based on annual Borough and contract rates, if such are in effect, or a certain schedule of costs maintained by the Borough's Engineer, based on the rates in the contractor's blue book plus 15%. The expense incurred shall be deducted from the deposit, if any, posted by the permittee. Permittee shall be responsible for the expense incurred by the Borough, if the surety is insufficient to cover such expenses. Any monies due the Borough in excess of the deposit shall be billed upon completion of the work and shall be paid within 30 days after the receipt of the bill. Failure to pay such interest shall result in the permittee paying the maximum interest rate allowed by law, as well as any attorneys' fees and costs incurred by the Borough in furtherance of collection of said monies.
Any person who shall make an excavation or opening in or upon any street for any of the purposes aforesaid shall maintain sufficient and appropriate guards, barriers and signals and otherwise exercise such reasonable precaution in the area as may be necessary to avoid damage to property and injury to person. Any damage done as a result of the negligence of the permittee shall be repaired by the permittee. If the permittee shall fail to comply with the rules and regulations as provided in this article, after receipt of written notice, then the Borough reserves the right to take any action to insure compliance with this article. In that event, the permittee shall be charged with the cost of same at a rate determined by the Superintendent of the Department of Water and Sewer and/or his designee based on annual Borough and contract rates, if such are in effect, or a certain schedule of costs maintained by the Borough's Engineer, based on the rates in the contractor's blue book plus 15%. The expense incurred shall be deducted from the deposit, if any, posted by the permittee. Permittee shall be responsible for the expense incurred by the Borough, if the surety is insufficient to cover such expenses. Any monies due the Borough in excess of the deposit shall be billed upon completion of the work and shall be paid within 30 days after receipt of the bill. Failure to pay such interest shall result in the permittee paying the maximum interest rate allowed by law, as well as any attorneys' fees and costs incurred by the Borough in furtherance of collection of said monies.
A. 
The Borough of Highland Park 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 made by any person by virtue of the provisions of this article.
B. 
Neither the Borough nor any of its employees shall be deemed to be the agent or the servant of the permittee for any of the purposes of this article.
Every permittee shall, as a condition of accepting any permit issued hereunder, save and hold harmless the Borough and indemnify such 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 of the opening of any street and the issuance of a permit therefor as provided in this article.
No security deposit, certified check or performance bond shall be released until all repairs, payment of all monies due to the Borough pursuant to this article, and the restoration and repaving of excavated areas to the satisfaction of the Superintendent of the Department of Water and Sewer and/or his designee are completed and the completion of a one-year guarantee period to insure proper installation and maintenance.
The provisions of this article shall not apply to public utility companies having separate contracts with the Borough or operating under special ordinances or statutes nor to any person laying any sidewalk, pavement or sewer or doing any other work in any of the streets, avenues, roads or highways under and in pursuance of a contract entered into between such person and the Borough except insofar as the same are not included therein.
Permittee shall be required to recycle all excess bituminous concrete and portland cement concrete removed from the excavation site and shall submit to the Borough a certified statement indicating the number of tons recycled within 30 days after completion of said work. The Superintendent of the Department of Water and Sewer and/or his designee, in his discretion, may waive this requirement, for good cause, upon application by the permittee.
Any person who shall violate any of the provisions of this article, shall upon conviction thereof be liable to a penalty as established in Chapter 1, General Provisions, Article III, General Penalty.
This article shall be known as, and may be cited as, "The Street Opening Permit Ordinance."