[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.
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Director.
B.
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.
C.
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:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C.
The Town Tax Map block and lot numbers of the property for the benefit
of which the opening is to be made.
D.
Nature of the surface in which the opening is to be made.
E.
Character and purpose of the work proposed.
F.
Time when the work is to be commenced and completed.
G.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimension of all openings.
H.
The name and address of the workman or contractor who is to perform
the work.
I.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
One performance guarantee may be accepted to cover a number of excavations
by the same applicant.
F.
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:
A.
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.
B.
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.
C.
Upon application by the permittee, the Director may extend the time
limit during which the permit shall be valid.
D.
All refuse and material shall be removed within 48 hours.
E.
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.
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
G.
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.
H.
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:
A.
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.
B.
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.
C.
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
D.
The street surface shall be restored to the satisfaction of the Director.
A.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
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.
C.
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.
D.
Revocation of permit.
(1)
The Director may revoke a permit for any of the following reasons:
(a)
Violation of any provision of this section or any other applicable
rules, regulations, laws or ordinances.
(b)
Violation of any condition of the permit issued.
(c)
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.
(2)
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.
E.
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.
