[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1986]
[Amended 3-10-1992]
A.
No person shall open, excavate or tear up the surface
of any public road, street, sidewalk or right-of-way under the control of
Netcong Borough or otherwise endanger or obstruct the normal flow of vehicular
or pedestrian traffic by the placing of any barricade, structure, material
or equipment not normally designed to be operated on the public highway without
first obtaining a written permit from the Borough Clerk. The permit shall
indicate the date upon which the operation will start and the date upon which
the operation will be completed. If the work is not completed within this
period, a new permit shall be required along with the appropriate fees.
A.
Before any street is improved or paved, the Borough Clerk
shall give notice to all persons owning property abutting on the street and
to all public utilities and authorities operating in the Borough that the
street is about to be paved or improved. All connections and repairs to utilities
in the streets and all other work which requires excavation of the street
shall be completed within 30 days from the receipt of notice. The time for
the completion of the work may be extended in writing by the Superintendent
of Public Works upon application by the person performing the work. Except
in case of an emergency, no person to whom such notice was given shall be
issued a permit to excavate the street to which the notice related for a period
of two years unless its issuance is approved by the Borough Council.
[Amended 3-10-1992]
B.
This section does not bar the issuance of a permit 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.
Application shall be made in writing for a permit for any excavation
within any road right-of-way, the maintenance of which is the responsibility
of the Borough, for any purpose whatsoever. The application shall state the
purpose of the excavation, namely, sewer, water, gas, telephone or any other
purpose. The application shall be accompanied by a sketch, drawn to scale,
of the opening or openings and shall also be accompanied by a fee of:
A.
No person shall be granted a permit to open any street
or roadway or do any work within a Borough right-of-way until a restoration
deposit in accordance with the following schedule has been submitted to guarantee
the proper restoration, replacement or repair of property damaged or destroyed
by the permittee:
B.
A minimum payment shall not be less than $1,000, and
the Superintendent of Public Works may set fees higher than those listed above
when, in his opinion, cost will exceed the stipulated amounts.
[Amended 3-10-1992]
C.
In lieu of posting a cash payment for restoration deposit,
the permittee may post a combination of cash and bond. The cash portion shall
be 25% of the total amount required and be in the form of a certified check
or money order. The remaining 75% shall be guaranteed by the posting of a
surety bond. Upon request by a permittee, the Superintendent of Public Works
shall cause an inspection of the excavation to be made and shall submit his
recommendations to the Borough Council for acceptance of satisfactory restoration.
[Amended 3-10-1992]
D.
In the event that a utility company or other similar
parties will be regularly excavating within the Borough, a restoration deposit
in the form of a bond may be posted with the Borough. The form and amount
of said bond shall be approved by the Borough Attorney and Superintendent
of Public Works prior to the issuance of any street opening permits.
[Amended 3-10-1992]
E.
Any surety bond posted shall expressly provide that the
surety shall be responsible for any attorney's fees or costs incurred in enforcing
the obligation.
A.
A minimum of $600, either in cash or certified check
or money order, shall be retained by the Borough for a period of not less
than one year from the date of acceptance of the restoration completed by
the applicant. Said acceptance shall be made by either the Superintendent
of Public Works and/or the Borough Engineer.
[Amended 3-10-1992]
B.
In the case of a large street opening requiring extensive
restoration, either the Borough Superintendent of Public Works or the Borough
Engineer may require a maintenance bond or certified check in an amount of
15% of the amount of the restoration deposit, which is to be retained for
one year from the date of acceptance. But in no case shall the amount retained
be less than $600.
[Amended 3-10-1992]
C.
In the event that repairs become necessary to the restored
excavated area during the maintenance period, the Borough shall notify the
applicant and shall expect the necessary repairs to be completed within 48
hours of notification. If these repairs are not completed within the 48 hours,
the Borough shall complete the necessary repairs and charge the expenses of
the same against the maintenance guaranty.
D.
Upon the recommendation of the Superintendent of Public
Works for acceptance of a satisfactory restoration, all deposits shall be
released by the Borough and will not include interest accrued.
[Amended 3-10-1992]
A.
No permit shall be granted or issued to any applicant
until the applicant has deposited cash with the Borough in such amount as
the Superintendent of Public Works shall estimate and certify as necessary
to defray expenses to the Borough for administration and inspection costs
of processing the application and restoring the pavement and other items.
If deemed advisable, a full-time inspector may be assigned to the project.
The cash deposit furnished by the applicant, less actual inspection charges,
shall be returned to the applicant after he has completed all restoration
work, including placement of final patches, where required, to the satisfaction
of the Superintendent of Public Works and upon furnishing the Borough with
a guaranty as set above. Material testing, when ordered by the Superintendent
of Public Works, shall be paid for by the applicant.
[Amended 3-10-1992]
B.
A minimum inspection deposit shall be not less than $100.
B.
The applicant shall indemnify and save harmless the Borough,
its agents, servants and employees from and against all suits, damages, claims,
demands and actions for any injury to any person or persons, including injury
causing death, and for any injury, damage or destruction of property sustained
by any party caused by or arising out of the work or any part thereof by or
on account of any act of commission or omission on the part of the applicant
or the applicant's employees, servants or agents. In case of any such action
being brought against the Borough, the applicant, at the applicant's own cost
and expense, shall immediately take charge of and defend the same, provided
that the Borough shall notify the applicant of such notice of claim as soon
as possible after the receipt thereof by the Borough.
[Amended 3-10-1992]
The permittee shall submit blueprints or plans in duplicate to the Borough
for approval and, if it is considered necessary or desirable, a joint general
inspection may be directed by the Borough to be made by the Borough Engineer
or Superintendent of Public Works and the permittee. After the approval of
the blueprint or plan, if in the course of the proposed construction shown
thereon any changes or deviations become necessary in the work, the permittee
shall obtain the approval of the Superintendent of Public Works before making
the changes or deviations. Upon completion of the entire work, the permittee
shall file plans with the Borough Clerk showing in full detail all the work
after its completion.
[Amended 3-10-1992]
A wet saw cut shall be used to cut through the entire depth of the pavement
before the trench digging machinery shall be allowed to operate unless a waiver
is granted by the Superintendent of Public Works.
It shall be the duty of the permittee to properly guard any excavation
and storage piles by erecting suitable barriers during the day and lights
during the night or warning signs and providing a watchman if deemed necessary
by the Chief of Police. All traffic control devices used on road or street
construction or maintenance work shall conform to the applicable specifications
of the Manual on Uniform Traffic Control Devices. The permittee shall be liable
for any neglect in safeguarding the traveling public. If the excavation extends
the full width of the road, 1/2 of it shall be made at one time, and
it shall be backfilled before the other half is excavated so as not to interfere
with traffic. In any event, the permittee shall make certain that the road
or street is open at all times to emergency vehicles.
A.
Any Borough road surface, sidewalk, curb, gutter, shoulder or grassed area disturbed or destroyed by the permittee shall be restored by and at the total expense of the permittee to as good as or better condition than it was before commencement of the work. The road surface shall be replaced in accordance with the requirements of Subsections C and D of this section. Upon completion of the restoration work and after approval of the work by the Borough Superintendent of Public Works or Borough Engineer, the permittee shall maintain the work in an acceptable condition at his expense for two years after the approval of the work. No roads shall be encumbered for a longer period than is necessary to execute the work. If the work is not satisfactorily completed within a reasonable time, and after due notice to the permittee, the Borough Department of Public Works may finish the work and deduct the cost of the same from the total deposit as required in § 153-4. After the work is completed by the Borough, any balance remaining from the total deposit shall be returned to the permittee.
[Amended 3-10-1992]
B.
Within any traveled way, the top 2 1/2 feet of the
trench or excavation shall be backfilled with bank-run sand and gravel or
other suitable, well-drained, compactable material. The Superintendent of
Public Works shall approve all backfill material used by the permittee. The
backfill material shall be placed and tamped in layers not exceeding one foot
in depth. If directed by the Superintendent of Public Works, the permittee
shall backfill the trench or excavation entirely with bank-run sand and gravel
or other suitable material. All material not suitable for backfill and all
excess backfill material shall be removed from the site by the permittee.
[Amended 3-10-1992]
C.
All new pavement replacement shall be made in kind, except
that in no case shall it be less than a total of five inches compacted thickness.
All new placement shall consist of a minimum of two inches compacted thickness
of bituminous stabilized base, Mix No. 1, and a wearing surface of three inches
compacted thickness of FABC, Mix No. 5. Pavement replacement in areas requiring
more than five inches overall thickness shall consist of a minimum of three
lifts of asphalt, and in no case shall one individual lift exceed four inches
compacted thickness. Prior to installing the final wearing surface, the edges
of the existing pavement shall be cut straight and painted with asphaltic
cement, Grade RC-70, to provide a waterproof joint and adhesion between the
existing and new pavement. The finished surface shall be rolled with at least
a one-ton roller.
D.
All materials and methods of construction shall comply
with the New Jersey Department of Transportation Standard Specification for
Road and Bridge Construction, dated 1961, and all revisions and amendments
thereto.
Emergency street openings may be made without the necessity of a written
application in emergency situations, such as broken or frozen water mains
or other situations which would endanger public life, health and safety, provided
that notice shall be immediately given to the Police Department and that written
application for a permit shall be made to the Borough Clerk as soon as practical
and in any event not exceeding 48 hours from start of the excavation.
A.
No person shall place material of any description whatsoever
or vehicles or other equipment of any nature upon any road or street so as
to interfere with the flow of water along the gutters or with traffic without
first having obtained a permit. The permit shall state the approximate quantity
of material or the number of vehicles or equipment to be stored and the time
of storage, and the same shall be guarded as set forth in this article.
B.
No excavation shall be opened for a distance of more
than 200 feet at any one time. All excavations shall be backfilled and all
equipment removed from the public right-of-way at the end of each day's work
and at such times as may be required for noninterference with snow removal.
C.
The Superintendent of Public Works shall be notified
24 hours in advance of the exact time of starting work on all excavations
and 24 hours in advance of the replacement of the pavement base and surface
courses.
[Amended 3-10-1992]
D.
All work performed and material furnished shall be in
compliance with the rules, regulations and specifications of the Borough.
E.
No person to whom a permit has been granted shall perform
any work authorized by such permit in any amount or quantity greater than
that specified in the permit.
F.
Permits are not transferable from one person to another,
and the work shall not be done in any place other than the location specifically
designated in the permit.
The provisions of this article shall not be applicable in those instances
where the highway is maintained by the State of New Jersey or by the County
of Morris, except in such cases where the Borough may have special arrangement
with the state or county.
A.
In the event that repairs or corrective measures become
necessary during the performance of the work, the Borough shall notify the
permittee and shall expect the emergency repairs or corrective actions to
be completed within 24 hours of notification.
B.
If these repairs are not completed within 24 hours, the
Borough shall complete the repairs and charge the expense against the restoration
deposit.
A.
Any permit may be revoked by the Superintendent of Public
Works, after notice to the permittee, for:
[Amended 3-10-1992]
(1)
Violation of any condition of the permit or of any provision
of 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 agent engaged in the work. The notice
shall contain a brief statement of the grounds relied upon 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 be granted a period of 24 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 before said permit is revoked.
D.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Borough shall do 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 as good a condition as before the opening
was made. All expenses incurred by the Borough shall be recovered from the
deposit or bond the permittee has made or filed with the Borough.
Where gas installations require services of existing users to be terminated,
such utility shall notify such users of the period of time when the services
will not be available. Such notice shall be given at least 24 hours prior
to the interruption of service.
[Amended 3-10-1992]
If, in the opinion of the Borough Engineer or Superintendent of Public
Works, conditions are such as to require sheathing, the permittee will install
such sheathing as may be required upon order of the Superintendent of Public
Works.
A.
Any person, firm or corporation who or which is a private public utility subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey and who or which desires to obtain permits under the provisions of this article may, in lieu of the provisions hereof requiring deposits under §§ 153-4 and 153-5, execute a bond, which may be the bond of such public utility solely, in the sum of $10,000, running in favor of the Borough, and file the same with the Borough Clerk. Such bond will be conditioned upon compliance with the applicable provisions of this article in respect to each street opening which shall be hereafter made by such public utility in the Borough, and the obligations of such bond shall be a continuing obligation to the full amount thereof in respect to each such street opening.
B.
In lieu of the filing of the certificate of insurance for bodily injury and property damage in the amounts as set forth in § 153-7, the public utility may file with the Borough Clerk, at the same time that the bond herein provided for is filed, a letter certifying that it is a self-insurer and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the State of New Jersey. Any such bond and certificate shall be reviewed and approved as to form by the Borough Attorney.
[Amended 3-10-1992]
The permittee must keep the original copy of the permit and an approved
copy of the plan. The permit must be in the possession of the party or parties
actually doing the work and must be exhibited to the Superintendent of Public
Works, duly authorized inspectors or, in the instances of county or state
highways, to the respective inspectors of these organizations.
