[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 194.
Streets and sidewalks — See Ch. 247.
[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.
B. 
This article shall not apply to work dealing solely with the construction, repair or alteration of sidewalks, driveway aprons or curbs. All such work shall be completed in accordance with the provisions of Chapter 247, Streets and Sidewalks, Article III, Sidewalk and Curb Construction and Repair.
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. 
Twenty-five dollars for opening entirely outside pavement.
B. 
Twenty-five dollars for opening equal to or less than 25 linear feet of pavement.
C. 
Fifty dollars for opening 25 to 50 linear feet of pavement.
D. 
Twenty dollars for each 100 linear feet or part thereof over 50 feet of pavement.
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:
(1) 
Lawn areas: $4 per square yard.
(2) 
Shoulder areas: $8 per square yard.
(3) 
Paved roads: $20 per square yard.
(4) 
Sidewalks: $36 per square yard.
(5) 
Curbing: $12 per linear yard.
(6) 
Dirt or gravel roads: $8 per square yard.
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.
A. 
Before the permit for any excavation below pavement grade will be issued, the permittee must file a certificate of insurance in the following amounts:
(1) 
Liability: $500,000/$1,000,000 bodily injury.
(2) 
Property damage: $100,000/$250,000.
(3) 
Automobile: $500,000/$1,000,000.
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.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.