[Adopted 6-8-1970 as Sec. 16-1 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- The Director of Public Works of the Town.
- Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Town as a public street, as well as any state or county road or highway over which the Town has acquired jurisdiction by agreement.
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Director.
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 application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work was begun.
The Director may issue permits to other public bodies without fee.
The Director is authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health. In the event that any permit is refused by the Director, an appeal may be taken to the Council. The Council, after hearing the applicant and the Director and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Director.
Application for a permit shall be made to the Director and contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The Town Tax Map block and lot numbers 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.
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 dimension of all openings.
The name and address of the workman or contractor who is to perform the work.
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same 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.
Permits shall be issued under the authority of the Director and in accordance with the provisions of this article and the regulations which the Director may establish. The Director shall determine the initial time limit during which the permit shall be valid.
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel 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 Department of Public Works.
Fees shall be paid when the application is made, as set forth in § 100-20A.
No permits shall be issued until the applicant has furnished a performance guarantee in favor of the Town of Newton in a form and in an amount determined to be sufficient by the Director. The Director 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 any claims against it up to the amount of the performance guarantee which would otherwise be required. The performance guarantee shall be executed by the applicant as principal and, when applicable, a surety company licensed to do business in the State of New Jersey as surety, and shall be conditioned as follows:
To indemnify and hold harmless the Town 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.
To indemnify the Town from any expense incurred in enforcing any of the provisions of this article, including but not limited to reasonable professional fees.
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors, in the course of any work done under the permit.
The performance guarantee shall also be conditioned upon the applicant's restoring the surface and foundation of the street in accord with Town specifications for which the permit is granted in a manner acceptable to the Director.
One performance guarantee may be accepted to cover a number of excavations by the same applicant.
Performance guarantees or a portion thereof not less than $500 shall remain in full force and continue in effect for a period not to exceed 12 months after acceptance by the Director, or for such longer period as is determined by the Director in order to guarantee the restoring of the foundation and surface of the street.
No permit shall be issued until the applicant has furnished the Director with satisfactory proof of insurance against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors 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 $100,000 for injury to any one person, $300,000 for injuries to more than one person in the same accident, and an aggregate of $100,000 for property damage for a single incident. The Director 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. No street shall be closed to traffic unless the closing is approved by the Chief of Police. The Police Department shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature, in which case notice shall be given to the Police Department when work commences.
Upon application by the permittee, the Director may extend the time limit during which the permit shall be valid.
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 Department of Public Works. Where the Director 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 in the manner prescribed by the Director. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Department determines that any backfilled excavation has settled or caved in, it shall so notify the permittee who shall promptly continue backfilling until the Director determines that 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 Director, or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the Director, then the Director may have the work completed and the surface of the street restored. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit of 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 Director has determined that settlement of the subsurface is complete and the area properly prepared for restoration. During the settlement period, the permittee shall keep the trench filled to the level of pavement.
The permittee shall be required to replace the permanent pavement when ordered to do so by the Director within a period of six months following the completion of construction, should any additional settlement occur. If the permittee does not replace the permanent pavement to the satisfaction of the Director, the permittee shall be required to pay the Town the cost of making said repair, but not less than $50 for each time such repair is made. If payment to the Town is not made at the time of repair by the Town, the Director may satisfy payment plus any additional fees through the provisions of § 266-27.
The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
The street surface shall be restored to the satisfaction of the Director.
Transferability. Every 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 work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Director.
Possession of permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Director shall be kept in possession of the person actually performing the work and shall be exhibited on demand for the Director or for any police officer of the Town.
Revocation of permit.
The Director may revoke a permit for any of the following reasons:
Violation of any provision of this section or any other applicable rules, regulations, laws or ordinances.
Violation of any condition of the permit issued.
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this Code 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 Director with a right of appeal to the Council, and the Director may provide in his 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 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 Director may make any rules and regulations which he considers 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 resolution of the Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.