[Adopted 7-8-1974 by Ch. 14, Art. 2, of the 1974 Code]
No person shall dig up, open or obstruct, fence,
pave or alter any portion of any public right-of-way or municipal
easement, which includes pavement, drainage facilities, etc., without
first securing a permit from the Borough of Saddle River and paying
the required permit fee and required deposits.
A.
Upon receipt of an application to perform work within a public right-of-way or municipal easement and a filing fee of $50, the Borough Clerk shall refer said application to the Borough Engineer for his review. The Borough Engineer shall review and determine the amount of cash deposit required for supervision, inspection and control of any approved activity. If the plan is acceptable, the Engineer shall then authorize the Borough Clerk to issue the permit upon receipt of the aforementioned deposit and bond as required by § 191-11A. The Clerk shall thereafter notify the Mayor and Council and the Police Department of the issuance of said permit.
B.
Whenever required by the Borough Engineer, the party
applying for a permit under this article shall, before such permit
is issued, file with the Clerk a copy of written notice to the abutting
property owner in front of whose premises the work for which a permit
is applied is to be done.
In all cases where any permit shall be issued
under this article, the person to whom the permit is issued shall,
within the time limited in such permit, replace the sidewalk, street,
avenue, highway or other public right-of-way in as good condition
as it was before the work allowed by the permit was commenced.
All work done under a permit issued in accordance with this article shall conform to good and safe engineering practice, and the work shall conform to the requirements for new road as set forth in Article I of this chapter.
A.
Before the issuance of any permit, a cash deposit
or a bond in a form acceptable to the Borough Attorney shall be filed
with the Borough Clerk. The amount of said bond or cash deposit shall
be 120% of the estimated cost of the improvement, as determined by
the Borough Engineer. The amount so deposited shall be returned, provided
that the work has been done in a manner satisfactory to the Borough
Engineer. If the work is not satisfactory to the Borough Engineer,
it shall be completed by the Borough of Saddle River. The expense
of completing the work, including the fees of the Borough Engineer,
shall be paid from the bond or cash deposited. In the event that the
cost of completing the work by the Borough shall exceed the deposit
or amount of the bond, the Borough may maintain an action in any court
of competent jurisdiction to collect any deficiency.
B.
In addition, the applicant shall provide a cash deposit,
in an amount determined by the Borough Engineer, to defray the cost
of inspection and legal fees. Any moneys remaining shall be returned
to the applicant.
In the event that the cost of completing the
work shall exceed the deposit or amount of the bond, the Borough may
maintain an action in any court of competent jurisdiction to collect
any deficiency.
Upon the back of each permit issued in accordance
with this article, there shall be printed or written the following
agreement, to be signed by the person making the application: "To
the Mayor and Council of the Borough of Saddle River: In consideration
of the issuing of the within permit, the undersigned hereby agrees
to hold the Borough of Saddle River harmless against all damage, lawsuits
or loss arising from or out of the work herein permitted.
A.
Any public utility subject to regulation by the Board
of Public Utility Commissioners of the state which desires to obtain
permits under this article for more than one street opening or for
future street openings may post a bond of such public utility, in
a form approved by the Borough Attorney, in the penal sum of $5,000,
running to the Borough, and file such bond with the Clerk.
B.
The bond shall be conditioned upon compliance with
the applicable provisions of this article with respect to each street
opening which shall be made by such public utility in the Borough
and shall further provide that the obligation of such bond shall be
a continuing obligation to the full amount thereof with respect to
each such street opening.
C.
Whenever any public utility which shall have filed
such bond shall request the Clerk, in writing, to issue to it a street
opening permit, it shall be the duty of the Clerk to issue such permit.
