[Adopted 10-24-1967 by Ord. No. 440]
[1]
Editor's Note: Former Art. II, Obstructions and Encroachments, adopted 5-18-1927 by Ord. No. 99, was repealed 10-24-1967 by Ord. No. 441.
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Ho-Ho-Kus, County of Bergen, State of New Jersey.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
The person duly appointed Borough Engineer, or his authorized deputy, representative or inspector.
PERMITTEE
Any person who has been issued a permit and is obligated to fulfill all the terms of this article.
PERSON
Includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to statute. Whenever used in any section prescribing and imposing a penalty, the term "person," as applied to associations, shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by the Municipal Land Use Act[1]; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this article, "street" shall be classified as follows:
[Amended 9-23-2003 by Ord. No. 877]
A. 
ARTERIALThose streets which are used primarily for fast or heavy traffic.
B. 
COLLECTORThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
C. 
MINORThose streets which are used primarily for access to the abutting properties.
D. 
MARGINAL ACCESSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. 
ALLEYSMinor streets which are used primarily for vehicular service access to the back or side of the properties otherwise abutting on a street.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Permit required. It shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any public sidewalk or street without first securing a permit from the Borough for each separate undertaking; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the Borough Clerk is open for business; the said permit shall be retroactive to the date when the work was begun.
B. 
Street openings limited. No person to whom a permit has been granted shall perform any of the work authorized by such permit in an amount or quantity greater than that specified in the permit, except that, upon the approval of the Engineer, additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
C. 
Commencement of work. Work for which a permit has been issued shall commence within 30 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
D. 
Permits nontransferable. Permits are not transferable from one person to another, and the work shall not be made in any place other than the location specifically designated in the permit.
E. 
Expiration of permits. Every permit shall specify the period of time within which the work must be completed and shall expire at the end of such period. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present, in writing, to the Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time by the Engineer for the completion of the work.
F. 
State and county highways. 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 Bergen, except in such cases where the Borough may have special arrangements with the state or county.
G. 
Revocation of permits.
(1) 
Any permit may be revoked by the Borough Council or its designated agents or employees after notice to the permittee for:
(a) 
Violation of any condition of the permit or of any of the provisions of this article.
(b) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(c) 
Existence of any condition of the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
(2) 
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 certified or registered United States mail addressed to the person to be notified.
(3) 
A permittee may be granted a period of 48 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.
(4) 
When any permit has been revoked and the work authorized by the permit has not been completed, the Borough, its agents or employees 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 been made or filed with the Borough.
It shall be the duty and responsibility of any applicant to:
A. 
Make a written application for such permits with the Borough Clerk on such form as the Borough shall prescribe.
B. 
Furnish to the Borough Clerk a plan in triplicate showing the work to be performed under said application. If approved by the Engineer, one copy of such plan shall be returned to the applicant at the time the permit is granted.
C. 
No work shall commence until the Engineer has approved the application and plan and the Borough Clerk has issued a permit after applicant has submitted all fees, deposits, certificates and bonds required by this article.
D. 
Agree to save the Borough, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of any permit under this article shall constitute such agreement by the applicant, whether the same is expressed or not.
E. 
Pay a permit fee of $100; provided, however, that public utilities or authorities may elect to be billed monthly for such fees as they may accrue.
[Amended 3-20-2012 by Ord. No. 1007]
F. 
Pay a deposit of $35 to be applied against the fee of the Engineer in inspecting the work authorized by the permit, and moneys not used shall be returned to the applicant.
G. 
Furnish a performance bond as required by § 58-12 of this article for the proper repair of the street opening.
H. 
Pay a fee of $2.50 a square yard to cover the estimated cost of maintenance for one year following completion of the work.
I. 
Furnish a certificate of insurance as required by § 58-13 of this article, or in case of a public utility or authority, furnish a certificate of self insurance.
J. 
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 Engineer, duly authorized inspectors or, in the instances of county or state highways, to the respective inspectors of these organizations.
K. 
Notwithstanding the requirements listed above, a public utility or authority may, in lieu of the requirements for the maintenance charge and performance bond, furnish the Borough with a performance bond for the current year, in the amount of $5,000, guaranteeing compliance with all provisions of this article.
L. 
Notwithstanding the requirements listed above, no owner of property in the Borough or his agent shall be required to submit any fees, deposits or performance bonds (Subsections E, F, G and H above) for his initial connection to the Borough sewer system.
A. 
Any person or permittee who shall make any excavation or trench in any street of the Borough by virtue of any permit granted under the provisions of this article shall backfill such excavation or trench and replace the pavement, sidewalks and curbs in accordance with the provisions of this article governing the construction of sidewalks, curbs and streets in the Borough. Before any backfilling may commence, it shall be the responsibility of the person charged with the duty of performing the same to insure that any plumbing has been inspected and approved by the proper official of the Borough. At least 48 hours prior to backfilling the excavation or trench and replacing the pavement, sidewalk and curbs, notice shall be given to the Borough Engineer and/or the Superintendent of the Department of Roads. The Borough Engineer and/or the Superintendent of the Department of Roads or their authorized representative are hereby granted the authority to approve the backfilling and replacement of pavement, curbs and sidewalks, as aforesaid.
B. 
All existing pavements, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits or other installations or fixtures and property liable to be injured, damaged or destroyed shall be properly protected by the person or applicant doing any work for which a street opening permit has been issued during the time when such work is being performed, and responsibility for any such damage shall be assumed by the person or permittee to whom such permit has been issued.
C. 
Any person or permittee making any opening or excavation by virtue of a permit issued under this article shall carry out the work as expeditiously as possible and in such manner as to cause the least possible inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles, and the flow of water along the gutters. All openings, diggings, excavations, piles of material, equipment, machinery, barricades or obstructions, including earth and stones removed from excavations, shall be properly guarded at all times to prevent accidents, and a sufficient number of lighted lanterns or flares shall be maintained between sunset and sunrise by the person or applicant to whom such permit has been issued to designate such openings or obstructions during the hours of darkness. Where any excavation or trench is to extend across the full width of any street, avenue, road or highway, only 1/2 of the same shall be made at one time and shall be properly backfilled before the other 1/2 is excavated so as not to interfere with traffic.
D. 
No person or applicant shall divert or discharge water into, upon or across any street, avenue, road, highway or sidewalk so that a nuisance is created or a hazardous condition caused to exist by the accumulation of water or silt or by the formation of ice on the pavement or road surface or cause the same to be damaged thereby.
A. 
Performance bond requirements. Each applicant, prior to the receipt of a permit, shall provide the Borough with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this article. The amount of the bond shall be 100% of the estimated cost of the work to be done by the permittee. The term of the bond shall begin upon the date of posting thereof and shall terminate upon receipt by the permittee of a certificate of final inspection from the Engineer. If the permittee anticipates requesting more than one permit per year as required by this article, he may furnish one continuing corporate surety bond to guarantee faithful performance, in such amount as the Engineer deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
B. 
Default in performance. Whenever the Engineer shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Engineer to be reasonably necessary for the completion of such work.
C. 
Completion of work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Borough for the cost of doing the work as set forth in the notice.
Each applicant, prior to receipt of a permit, shall provide the Borough with an acceptable certificate of insurance, indicating that he is insured against claims for damages for personal injury, as well as against claims for property damage, which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the Engineer in accordance with the nature of the task involved, provided that the liability insurance for bodily injury in effect shall not be in an amount less than $100,000 for each person and $300,000 for each accident, and, for property damages, an amount not less than $50,000, with an aggregate of $100,000 for all accidents. Public utilities and authorities may be relieved of the obligation of submitting such certificates if they are self-insured.
A. 
Notices of improvements. When the Borough shall improve or pave any street, the Borough Clerk shall first give notice to all persons owning property abutting on the street about to be paved or improved and to all public utilities and authorities operating in the Borough, and all such persons, utilities and authorities shall make all connections, as well as any repairs thereto which would necessitate excavation of the street, within 30 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Borough Council.
B. 
Restrictions upon opening streets. No permit shall be issued by the Borough Clerk to any person given notice under Subsection A hereof which would allow an excavation or opening in a paved and improved street surface less than five years old, unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
C. 
Penalty for opening streets. If, by a special action of the Borough Council, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the five-year restricted period.
A. 
Map requirements.
(1) 
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying sewerage, gas, electricity, communications impulses, water or steam to or from the Borough, or to or from its inhabitants, or for any other purpose, shall file with the Borough Clerk, within two years after the adoption of this article, accurate information showing the location, size and description of all such installations.
(2) 
Within 30 days after the first day of January of each and every year, such person shall file with the Borough Clerk additional information showing installations, including all those made or abandoned during the previous years; provided, however, if no additions have been made to its installation during the previous year, a utility or authority may file with the Borough Clerk a written statement to that effect, within the period of time specified above. A utility or authority may, at its own option, elect to provide additional information throughout the year as it is available rather than proceed as above noted.
B. 
Notices to property owners and tenants. If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project or any subsurface installation in the vicinity of the proposed opening, then the permittee shall serve each owner and/or tenant of such properties or subsurface installations, personally or by certified mail, return receipt requested, with a notice, at least 10 days prior to the date the work is to commence, stating:
(1) 
The date work will start;
(2) 
Date it will be completed; and
(3) 
Location and size of opening.
C. 
Penalty for violation. Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $200 or by imprisonment for a term not exceeding 90 days, or both. Each day that a violation is permitted to exist after notice in writing shall have been served by the Engineer shall constitute a separate offense.
D. 
Severability. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
E. 
Repeal of existing ordinances. All ordinances or parts of ordinances in conflict with the provisions of this article are hereby repealed.