[Adopted 10-26-1971 (Ch. 73 of the 1966 Code)]
No person, persons or corporation shall do any excavating, test drilling or disturb any public street or road surface or curbing or sidewalks within the right-of-way of any street or road in the Borough of Raritan, including all sidewalks, streets and roads in private developments not a part of the Borough street system at the time of excavation but where it is contemplated that application will subsequently be made to have the said streets or roads become a part of the Borough road system, for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe, storm drain or any electric, telephone or telegraph pipes or conduits, or for any other purpose whatever, without first having obtained a permit from the Clerk of the Borough of Raritan. In the event of emergency where repairs must be made immediately, and the person, persons, or corporation charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then, and in that event, the excavation may be made for the purpose of stopping a leak or interruption in service of the utility. As soon as the leak or interruption in service has been repaired and an emergency no longer exists, the person, persons or corporation having made the excavation shall apply for a permit as soon as practicable and comply with all the other provisions of this article. In emergency matters and in the absence of the Clerk, a permit may be issued by the Mayor or the Chairman of the Public Works and Grounds Committee.
Any person, persons or corporation desiring such permit shall file with the Borough Clerk, or other designated official in the event of emergency, a signed application containing the following information:
A. 
The name and address of the applicant.
B. 
The purpose for which the opening is to be made.
C. 
A clear description of the location of the proposed opening.
D. 
Three complete copies of the plans and specifications showing the work contemplated to be done and indicating clearly the section of street which the applicant desires to open. Three complete as-built plans shall be filed if any changes are made from the original plans.
E. 
The length, width and depth of the proposed opening.
F. 
The outside diameter of all proposed manholes.
G. 
The estimated date of commencement and the estimated date of completion of the proposed work. These estimates can be based on past experience in doing similar work. In the event of unforeseen circumstances beyond the control of the applicant, the applicant may apply for an extension of the completion date.
H. 
Except as provided in § 320-27 hereof relative to New Jersey public utility corporations, the approximate cost of backfilling, tamping and repaving work.
I. 
Except as provided in § 320-27 hereof relative to New Jersey public utility corporations, an agreement in writing to hold the Borough of Raritan harmless from any loss, injury or damage whatsoever resulting from the course of construction, whether directly or indirectly connected with the work, or from any negligence or fault of the applicant, its agents, servants, representatives or contractors in connection with performance of the work covered by the plans.
J. 
Except as provided in § 320-27 hereof relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate by its liability insurance carrier acceptable to the Borough, showing that he, they or it has liability insurance during the period required for the proposed improvement in the following minimum amounts:
(1) 
For personal injury to one person: $100,000.
(2) 
For personal injury for one accident: $300,000.
(3) 
For property damage: $50,000.
K. 
Except as provided in § 320-27 hereof relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate showing that the applicant is covered by workmen's compensation during the period required for the proposed improvement.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Includes the applicant's agents, servants, representatives and any contractors employed by it.
The applicant shall, within 24 hours of excavation, continue construction, installation or repair of any installation as detailed in § 320-12D. Where excavation will be open more than 48 hours, clearance and permission must be received in writing from the Borough Foreman of Public Works. No excavation will be started on a Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon of adequate nature to warn the public from one hour before sunset to one hour after sunrise. No greater portion of the street or curbing shall be left open at one time in excess of 500 lineal feet.
At all times during the course of construction, 1/2 of the street shall be open for public travel, unless the applicant provides and marks, to the satisfaction of the Borough Police Department, a suitable detour. The applicant shall, at all times, be required to make provisions for local residents and shall maintain the roadway and adjacent areas free from needless obstruction.
The Borough Engineer or his representative will inspect the work periodically to insure compliance with this article. An applicant under this article shall give the Borough Engineer 48 hours' notice of excavation so that inspections of the work may be scheduled. The applicant shall pay the cost of inspections by the Borough Engineer or special inspections called for by appropriate Borough officials.
All work performed must be done within the time scheduled in § 320-12G. If the applicant does not comply with this schedule, or if in the judgment of the Borough Foreman of Public Works it keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the Borough of Raritan at the expense of the applicant upon two days' notice having been given to the applicant.
If dust, dirt or other detrimental material continues to arise as a result of the work or neglect of the applicant, its agents, contractors or representative, or if a nuisance is, in the opinion of the Borough Foreman of Public Works, caused by the actions of any of said parties, the Foreman may stop the work until the situation complained of is eliminated. Streets must be kept broom clean. If dust persists, streets may be required to be hosed clean.
No blasting shall be allowed, unless approved by the Borough Engineer. All work shall be conducted so as not to interfere with existing utilities, water mains, sewer lines, gas pipes or electrical or telephone conduits, or the service connections thereof, and in accordance with the provisions of N.J.S.A. 48:2-73 et seq., the Underground Facility Protection Act. In the event of injury to any utility, it shall be the duty of the applicant to immediately notify the proper utility so that repair may be made at the expense of the applicant. The applicant shall not at any time come closer than three feet to any utility line without permission and supervision of the respective utility concerned. Such utility pipes shall be protected and temporarily supported as directed by the utility company's representatives or Borough Engineer inspecting the excavation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where test holes are drilled not exceeding nine square inches, such holes shall be filled with hot tar or equivalent to street level within seven days of the repair of a leak or other utility damage.
Where holes or excavations exceed nine square inches, the applicant or his contractor shall:
A. 
Fill with quarry blend or other suitable backfill material, as approved by the Borough Engineer, to within 10 inches of the existing street surface. The excavation shall be tamped sufficiently to keep future settlement to a minimum, such tamping to be as directed by the Borough Engineer or his representative.
B. 
Duplicate the existing surfaces with like surfacing material to conform to said existing street surface, road surface, curbing, sidewalk areas and grass plantings.
C. 
Replace all damaged or broken drainpipes or conductors, either through the street or from buildings and residences to the street.
All work shall be done in accordance with the following standards:
A. 
All asphalt or macadam surface streets shall be cut in straight lines with a pavement cutter. All concrete surface streets shall be cut in straight lines with a saw or air compressor drill.
B. 
Pending the actual repaving operation stated in § 320-22, the applicant may use a temporary fill in the excavation of such material as may be directed by the Foreman of Public Works or the Borough Engineer, to the end that no loose stones, mud or dirt may impede the flow of traffic. The Borough may, at any time, require any irregularity in the surface to be immediately taken care of.
C. 
The applicant assumes the responsibility of refilling the excavation as it may sink from time to time and keeping it level with the balance of the street surface.
D. 
After repavement, the applicant shall be under the duty of maintaining the excavation for a period of 12 calendar months and of assuming the responsibilities of refilling the excavation as it may sink. In case of undue settlement, the Borough Engineer, in his judgment, shall direct the applicant to open the excavation to ascertain the cause of the undue settlement and to remedy the same, as required by the Borough Engineer. All engineering costs will be charged to the applicant.
E. 
Upon the failure of the applicant to comply with any of these requirements, the Borough of Raritan may do the necessary repairs and replacements and charge the same to the applicant, as provided for in § 320-18.
In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed soil composed of a mixture by volume of one part cement to six parts of aggregate material, such as sand or 3/4 quarry blend.
It shall be the responsibility of the applicant to dispose of all surplus materials from the excavation.
[Amended 9-9-1986]
The applicant shall pay to the Borough Clerk an application fee of $30 and shall deposit with the Borough Clerk, either in cash or by certified or cashier's check, an amount determined by the Engineer to be sufficient to guarantee performance by the applicant under this article, based upon the estimated cost of the work to be done under the application.
The applicant may, in lieu of a cash deposit, submit a surety bond which, upon approval of the Borough Attorney, shall have the same force and effect as a cash deposit. Said bond shall, by its terms, provide for payment of any damages by or from the acts of the applicant or its agents, servants or subcontractors and save the Borough of Raritan harmless from any suits at law or otherwise which may result from damages sustained by any persons or property as a result, directly or indirectly, of the work performed under the permit. Public utility corporations of the State of New Jersey may file a corporate bond on a permanent basis in an amount of $5,000 in lieu of cash deposits or construction bonds.
All Borough streets so restored shall be subject to final release and acceptance in writing by the Foreman of Public Works or Borough Engineer. No deposit money, as specified in § 320-26, shall be returned nor bond released until 12 months after the completion of the project and its acceptance by the Foreman of Public Works or the Borough Engineer, and then only upon the above written certification, as stated, that the said work has remained in a satisfactory condition for the said 12 months.
[Amended 9-9-1986; 9-14-2010 by Ord. No. 10-08]
Any person, persons, or entities violating any of the provisions of this article shall, upon conviction thereof, pay a fine of not more than $2,000 for each offense or be imprisoned in the county jail for not more than 90 days or perform community service for not more than 90 days. Each twenty-four-hour period that the violation continues shall constitute a separate and distinct offense. Any member of the Police Department, Property Maintenance Office or Public Works Department of the Borough shall be and is hereby authorized to issue a summons or violation notice upon his or her belief that probable cause exists for such issuance.
All other ordinances and parts of ordinances in conflict or inconsistent with this article are hereby repealed, including specifically the Street Opening Ordinance adopted by the Borough Council of the Borough of Raritan on July 18, 1955.