[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-21-2011 by Ord. No. 1038-11]
Editor's Note: This ordinance also repealed former Art. I, Street Excavations, adopted 5-26-1975 as Sec. 10-1 of the 1975 Code, as amended.
As used in this article, the following terms shall have the meanings indicated:
- Any dedicated road, highway, public way, public alley, easement or other right-of-way, whether accepted or not accepted, that is maintained by the Borough as a public street. The term "street" shall include all areas within the right-of-way, including curbs and sidewalks.
No person shall make an excavation in or tunnel under any street without first obtaining a street opening permit from the Borough Council. A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the Superintendent of Public Works or his designee is consulted before any work is commenced and an application for a permit is made simultaneously with the commencement of the work or as soon thereafter is practical. When issued, the permit shall be retroactive to the date on which the work has begun.
No person shall perform work that affects any portion of a street, which does not involve an excavation or tunnel without first obtaining a right-of-way permit.
The Borough Clerk shall issue permits to other public bodies without fee.
The Borough Council is authorized to refuse the issuance of any street opening or right-of-way permit if it ascertains, after consultation with the Superintendent of Public Works, Borough Engineer or otherwise, that such refusal is in the interest of public safety, public convenience or public health. If such a permit is refused, an appeal may be taken to the Borough Council. The Borough Council, after hearing the applicant and considering the evidence produced, may either direct the issuance of the permit or sustain the refusal.
An application for a street opening or right-of-way permit shall contain the following information:
Name and address of the applicant.
Name of the street where the opening or work is to be made and the street number, if any, of the abutting property.
The Borough Tax Map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made or a description of the work within the street.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings and all work.
The name and address of the worker or contractor who is to perform the work.
A statement that the applicant agrees to replace, at his/her own cost and expense, the street, curb, gutter, utilities and sidewalk in the same work state and condition in all things as they were at the time of the commencement of the work, within 48 hours of the commencement of same.
In the event that the applicant shall be granted a street opening or right-of-way permit, the applicant shall be solely responsible for any and all damages, liability and costs of any nature arising out of such excavation or work, and the applicant agrees that (s)he will:
Indemnify the Borough and hold it harmless from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
Indemnify the Borough for any expense incurred in enforcing any of the provisions of the chapter.
Indemnify any person who sustains personal injuries or damage to his/her property as a result of any act or omission of the applicant, his/her agents, employees or subcontractors done in the course of any work under the permit.
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation, tunnel or work is to be made, the dimensions of the opening and the period during which the permit shall be valid.
The original of each permit shall remain on file with the Borough Clerk. The Borough Clerk shall provide a copy of same to the applicant, the Chief of Police and the Superintendent of Public Works.
The applicant shall be charged a fee of $100 for each permit, which shall be paid when the application is made.
The applicant shall be required to deposit in cash or by certified check a sum as hereinafter set forth to defray the expense of restoring the street to its preexisting condition should the permittee fail to do so. The deposit shall be $1,500 for excavations of areas of 100 square feet or less. For excavations of areas greater than 100 square feet, the applicant shall be required to deposit $1,500 of excavation work not exceeding a total area of 1,000 square feet. In the event that the area to be excavated shall exceed 1,000 square feet, the amount of the deposit shall be determined by the Borough Engineer; provided, however, that the minimum deposit in such event shall be $15,000. The deposit for a right-of-way permit shall be $750.
The deposit paid to the Borough in accordance with § 214-7 shall be held by the Borough Clerk for a period not to exceed six months following restoration of the street approval thereof by the Superintendent of Public Works. If, at the end of such six-month period, there are no settlement or other problems with the area of the excavation work and restoration performed by the permittee, then the deposit shall be repaid to the permittee. If there are settlement or other problems relating to the excavation work and restoration performed by the permittee during such period, and the permittee shall fail to correct or cure same within 30 days after receiving written notice from the Superintendent of Public Works, such deposit may be used by the Borough to make such corrections or repairs, and the balance of the deposit, if any, shall be returned to the permittee.
No permit shall be issued until the applicant has furnished the Borough with satisfactory proof that (s)he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his/her 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 injury to any one person, $1,000,000 for property damage for a single incident. The Borough may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that it 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:
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected.
All refuse and material shall be removed within 48 hours.
All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the Superintendent of Public Works. Where the Superintendent of Public Works determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted with a mechanical vibrator or in the manner prescribed by the Superintendent of Public Works. The permittee shall replace all shoulder stone to a depth of six inches and thoroughly compact it with a mechanical compaction devise. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If it is determined that any backfilled excavation has settled or caved in, the Superintendent of Public Works shall so notify the permittee, who shall promptly continue backfilling until settlement is complete.
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
If the work is not completed within the time specified in the permit or any extension granted by the Borough, or is not performed in accordance with the regulations set forth in this section and any other relations that may be established by the Council, then the Borough may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his/her deposit or recovered by an action in any court of competent jurisdiction.
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
No permittee shall commence the restoration of any street foundation or surface until the Superintendent of Public Works has determined that settlement of the surface is complete and the areas properly prepared for restoration.
The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
The street surface shall be restored pursuant to the section designated by the Superintendent of Public Works in the permit, but in no case shall be less than the structural equivalent of the following:
No Borough street which has been constructed or restored shall be opened for a period of three years thereafter without the special permission of the Borough Council, except in case of extreme emergency, when special permission may be granted by the Superintendent of the Department of Public Works. Applications for special permission to open any such street within the prohibited three-year period shall be made, in writing, to the Superintendent of the Department of Public Works and transmitted by him/her with recommendations to the Borough Council. Any permission which may be granted shall be upon such terms as the Council shall prescribe.
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If the work is not commenced within that time, the permit shall automatically terminate unless extended, in writing, by the Borough Council.
Possession of permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Superintendent of Public Works shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Borough or police officer.
Revocation of permit.
The Borough Council may revoke a permit for any of the following reasons:
Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.
Violation of any condition of the permit issued.
Carrying on work under the permit in a matter which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of the revision to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses, except that the initial hearing shall be before the member of the Borough Council in charge of the Road Department with a right of appeal to the Council, and the Chairperson may provide in his/her decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
Modification of permit conditions. In a special case, the Borough Council may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not apply or shall be altered.
The Road Committee, in conjunction with the Superintendent of Public Works, may make any rules and regulations considered necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provision of this article or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they are approved by the resolution of the Borough Council. Copies of all current regulations shall be furnished each permittee at the time of the permit.
Closing by regulation. The Mayor may provide by resolution for the closing of any street or portion thereof to motor vehicle traffic on any day or days or during specified hours on any day or days whenever it finds that such closing is necessary for the preservation of the public health, safety or welfare.
Posting of warning signs. Proper warning signs shall be posted in any street or portion thereof during the time the same is closed.
[Adopted 5-26-1975 as Sec. 10-2 of the 1975 Code]
As used in this article, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police or a person designated by the Chief of Police to perform the function indicated.
The Borough of Old Tappan hereby adopts the Manual on Uniform Traffic Control Devices (hereinafter "the MUTCD," except as the MUTCD may be supplemented or amended by the provisions hereof. The MUTCD provides traffic controls and regulations for construction, maintenance operations and utility work. Any person, contractor or utility who fails to comply with the provisions of the MUTCD is in violation of this article.
It shall be the responsibility of the person, contractor, or, in the case of a public utility, such person as may be designated in accordance with a public utility agreement, conducting work on, under or above a street to contact the Chief of Police to arrange a preconstruction meeting for the submission and review of plans for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this article prior to the start of such work, or whose plans are not approved by the Chief of Police, is in violation of this article.
Prior to the start of any work, the person, contractor or utility shall provide the Chief of Police with at least two emergency contact phone numbers, to be called in case of emergency problems at the construction or maintenance site. If, for any reason, emergency contact cannot be made, or if the emergency contact person does not respond to the call from the Old Tappan Police Department to correct a hazardous condition, the Borough may correct such hazardous condition. The cost of such emergency service by the Borough shall be charged to the person, contractor or utility responsible for such condition.
There shall be no construction, maintenance operations or utility work on, under, or above any street in the Borough before the hour of 9:00 a.m. or after the hour of 4:00 p.m. This time limit may be adjusted by the Chief of Police to permit work prior to 9:00 a.m. or after 4:00 p.m. If it is determined by the Chief of Police that construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard then the work shall be permitted only between 9:00 a.m. and 4:00 p.m.
Road closings and/or traffic detours shall not be permitted unless approved by the Chief of Police.
Traffic directors shall be posted at all construction or maintenance sites when determined by the Chief of Police that such directors are necessary to provide for the safe and expeditious movement of traffic.
The Chief of Police shall have the authority to stop work for the purpose of abating any nuisance and/or safety hazard or to assure compliance with this article. This authority shall include, but is not limited to, the authority to order the removal of equipment, vehicles and stored materials from within the street and right-of-way; the backfilling of open excavations; and/or other related work.
No materials, vehicles or equipment are to be placed in the street or sidewalk area until all construction signs, lights, devices and pavement markings are installed.
Any person, contractor or utility who violates this article, upon conviction thereof, shall pay the following fines: for a first offense, not less than $100 nor more than $1,000 or imprisonment for a term not exceeding 90 days, or both; for a second offense, not less than $250 or imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.