[Adopted 7-19-1993 by Ord. No. 1011-93 (Ch. 221, Art. III,
of the 1975 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any human, corporation, proprietorship, partnership, limited
partnership, association, joint venture or other entity.
Any roadway, highway, public way, public alley, sidewalk,
easement or other right-of-way accepted or maintained by the Borough
as a public street, as well as any state or county road or highway
over which the Borough 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 Construction Official or
Borough Engineer.
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to commence work immediately,
provided that an application for a permit is filed simultaneously
with the commencement of work, together with an estimate of fees required
and the estimated performance guaranty. In such an emergency, the
filing of the application and posting of fees and estimated performance
guaranty may be delayed until the next business day subsequent to
the commencement of work where the emergency has arisen subsequent
to the close of business of the next previous day. When issued, the
permit shall be retroactive to the date on which work began.
C.
The Construction Official or Borough Engineer may issue permits to
other public bodies without a fee.
D.
No permit shall be issued between December 1 and March 15, except
for an emergency.
All applications for street openings shall be filed with the
Borough Clerk and referred to the Construction Official or Borough
Engineer and shall contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The name, address and telephone number of the party to be reached
in case of an emergency.
C.
The name of the street where the opening is to be made and the street
number of the abutting property.
D.
The Borough Tax Map blocks and lots of properties abutting and lying
adjacent to the portion of the street to be opened.
E.
The name, address and telephone number of the property owner for
whose benefit the opening is to be performed.
F.
The character and purpose of the proposed work.
G.
The nature of the surface in which the opening is to be made.
H.
The estimated time when work is to be commenced and completed.
I.
Plans and specifications, to be filed in quadruplicate, showing the
exact location and dimensions of all openings.
J.
The name and address of the person who is to perform the work.
K.
An acknowledgment that the applicant agrees to replace, at its own
cost and expense, the street curb, gutter, sidewalk and all other
disturbed areas in accordance with the current Borough standards within
90 days from the date of the commencement of work; provided, however,
that, upon commencement of work and completion of the first day of
work, the areas shall be temporarily restored by the placement of
a stabilized base course or maintained as determined in the reasonable
judgment of the Construction Official or Borough Engineer until the
final surface course has been placed on the area. The placement of
the final surface may be delayed in the event of the winter season
to a date no later than April 15.
The Construction Official or Borough Engineer may refuse the
issuance of a permit if such is in the interest of the public safety,
convenience, health or welfare. If a permit is refused by the appropriate
municipal official, an appeal may be taken to the Mayor and Council
which, after hearing, may direct the issuance of a permit or sustain
the denial thereof.
Permits shall be issued under the authority of the Construction
Official or Borough Engineer in accordance with the provisions of
this article and the regulations which such officials may establish
in the interest of the public safety and welfare. The Construction
Official or Borough Engineer shall determine the initial time limit
during which the permit shall be valid.
A.
Each applicant obtaining a permit shall, before its issuance, pay
to the responsible municipal official the sum of $100 per opening.
The Borough shall have the option of billing public utilities on an
annual lump-sum basis based upon the number of openings made by the
utility in the prior calendar year, subject to an adjustment in the
current calendar year based upon the actual number of openings made.
B.
In addition, the applicant shall post with the municipality such
fees that are reasonably anticipated to be required to reimburse the
Borough for the cost of plan review and inspections as may be required
by the Construction Official or the Borough Engineer. The amount of
such deposit and the scope of such review and inspection shall be
subject to the reasonable discretion of the Borough Engineer. All
moneys remaining on deposit at the completion of the work not required
for the reimbursement of review and inspections shall be promptly
returned to the applicant.
C.
No fee shall be required for any permit to be issued to a municipal
agency.
A.
No permit shall be issued until the applicant files a bond in an
amount determined to be sufficient by the Construction Official or
Borough Engineer. The Construction Official or Borough Engineer may
waive the requirements of this section for a public utility upon the
presentation of satisfactory proof that the utility is capable of
meeting any claims against it up to the amount of the bond that would
otherwise be required. The bond shall be executed by the applicant
as principal and a surety company in good standing, licensed to do
business in the State of New Jersey as surety and shall be conditioned
as follows:
(1)
To indemnify and hold harmless the Borough from all loss, damage,
claims 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.
(2)
To indemnify the Borough for any expense incurred in enforcing any
of the provisions of this article.
(3)
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
under the permit.
(4)
Upon the applicant's restoring the surface and foundation of
the street for which the permit is granted in a manner acceptable
to the Construction Official or Borough Engineer.
B.
A single bond may be accepted to cover a number of excavations by
the applicant. Bonds shall remain in force for a period of six months
after the date the last work is performed to guarantee the integrity
of the street closing or, in lieu thereof, a maintenance bond may
be provided for the period succeeding the completion of the work.
No permit shall be issued until the applicant furnishes the
Construction Official or Borough Engineer with satisfactory proof
that he is insured 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 Construction Official
or Borough Engineer may waive the requirements of this section for
a public utility 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 a manner which causes 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 and/or Police
Director. 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, when notice shall be given to the Police Department when work
commences.
[Amended 3-20-2017 by Ord. No. 1541-2017]
C.
All refuse and material shall be removed upon completion of each
day's work.
D.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means in the manner
prescribed by the Construction Official or Borough Engineer. Where
the Construction Official or Borough Engineer 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
Construction Official or Borough Engineer. Upon completion of the
work, the permittee shall remove any excess material and leave the
premises in a clean condition. If the Construction Official or Borough
Engineer determines that a backfilled excavation has settled or caved
in, he shall notify the permittee, who shall promptly continue backfilling
until the Construction Official or Borough Engineer determines that
settlement is complete.
E.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
F.
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.
G.
If the work is not completed within the time specified in the permit
or any extension granted by the Construction Official or Borough Engineer
or is not performed in accordance with the regulations set forth in
this section and any other regulations that may be established by
the Construction Official or Borough Engineer, then the Construction
Official or Borough Engineer may complete or cause to be completed
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 deposit or recovered by an
action in any court of competent jurisdiction.
The permittee shall restore the surface of the street in accordance
with the following rules, regulations and requirements:
A.
The restoration of a street foundation or surface shall not commence
until the Construction Official or Borough Engineer determines that
settlement of the subsurface is complete and the area properly prepared
for restoration.
B.
The foundation shall be restored to a width of 12 inches wider than
the width of the trench, except where deemed unnecessary in the reasonably
exercised judgment of the responsible municipal official.
C.
The street surface pavement shall extend 12 inches wider than the
width of the foundation and six inches longer than the length of the
foundation.
D.
In all cases, the foundation shall be constructed of such material
and in such manner as will best serve its intended purpose as deemed
appropriate by the Construction Official or Borough Engineer.
A.
A permit shall apply only to the person to whom it is issued and
shall not be transferable.
B.
Work under a permit shall commence within 45 days of the issuance
thereof. If work is not begun within that time, the permit shall automatically
terminate until extended in writing by the Construction Official or
Borough Engineer.
C.
Copy of permit required; revocation.
(1)
A copy of the permit, together with a copy of the plan indicating
approval by the responsible municipal official, shall be kept in the
possession of the person actually performing the work. A permit may
be revoked for any of the following reasons:
(a)
Violation of any provision of this article or any other applicable
rules, regulations or ordinances.
(b)
Violation of any condition of the permit issued.
(c)
Performing work under the permit in a manner which endangers
life or property or which creates any condition which is unhealthy,
unsanitary or is otherwise contrary to the public health, safety concerns
or general welfare.
(2)
The procedure for revoking a permit shall be the same as for its
issuance, with the initial hearing before the Construction Official
or Borough Engineer and with a right of appeal to the Mayor and Council;
provided, however, that the responsible municipal official may provide
that the revocation shall not become effective if the applicant corrects
the violation within a definite time period.
D.
The Mayor and Council, Construction Official or Borough Engineer
may impose special conditions when deemed necessary for the protection
of the public health, safety concerns or general welfare.
A.
The Construction Official or Borough Engineer may make any rules
and regulations deemed necessary for the administration and enforcement
of this article, provided that the same shall not be inconsistent
with or alter or amend any provision of this article. Such regulations
shall be effective only upon approval by the Mayor and Council.
B.
Utility companies shall report to the Mayor and Council, on an annual
basis, their intentions with regard to prospective work requiring
future street openings in the Borough for the purpose of coordinating
such activity with pavement and resurfacing projects anticipated by
the Borough.
C.
Except in the case of an emergency, the Borough shall have the right
to schedule street openings with utility companies in a manner which
will create the least disturbance to pavement courses, and particularly
those areas that have been recently resurfaced.
