[Adopted 7-6-1970 as Ch. 14 of the Revised General Ordinances; amended in its entirety 7-1-2024 by Ord. No. 984-2024]
A. 
No person shall excavate, test drill 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, 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 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 Borough Clerk after approval by the Borough Engineer ("Engineer"). In the event of emergency where repairs must be made immediately, and the person charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, 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 having made the excavation shall forthwith apply for a permit and comply with all the other provisions of this section. In emergency matters and in the absence of the Clerk, a permit may be issued by the Mayor or Councilmember in charge of the Borough's streets. The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to provide specifications for street and sidewalk construction is part of the general police power, N.J.S.A. 40:48-2.
B. 
In cases where a street has been paved at the direction of the Borough within the last eight years, the extent of repairs may be significantly greater, and may include extensive milling and repaving to return the street to the condition it was in prior to the opening. The bonding required in these cases shall reflect the need for additional work.
C. 
Recently paved streets. The Borough, to preserve the integrity of recently paved streets, will not issue a street opening permit for a street that has been paved in the last eight years, except in an emergency or under extraordinary conditions. In cases where a street permit is issued on a street paved within the last eight years, the bond or cash posted shall not be less than $2,500, and the fee shall be 100% more than indicated in § 168-12.4.
D. 
The Borough shall have the authority to require curb-to-curb repaving where the Borough Engineer deems it necessary.
E. 
The Borough shall have the authority to require infrared paving where the Borough Engineer deems it necessary.
Any person desiring a 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 clearly indicating the section of street which the applicant desires to open. Three complete "as-built plans" shall be filed if any changes are made to 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 may be based on 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. 
The approximate cost of backfilling, tamping and repaving work in all cases where a bond is to be furnished.
I. 
An agreement in writing to hold the Borough 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, his agents, servants, representatives, or contractors in connection with the performance of the work covered by the plans.
J. 
Except as provided in section § 168-4, relative to New Jersey Public Utility Corporations, the applicant shall, as part of each application, annex thereto a certificate by his liability insurance carrier acceptable to the Borough, showing that he 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.
K. 
Except as provided in section § 168-3, 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.
L. 
The New Jersey "Dig Number" shall be provided prior to the start of work.
M. 
An agreement to be invoiced for any work done by the Borough to bring the street repair and paving to the Borough Engineer's or the Borough Inspector or the Borough designee's approval.
The applicant shall, within 24 hours of excavation, continue construction, installation, or repair of any installation as detailed in § 168-2D. Where the excavation will be open for more than 48 hours, clearance and permission shall be received in writing from the Borough Engineer or the Borough's Councilmember responsible for streets. No excavation shall be started on a Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
A. 
The applicant shall remove all excess material and backfill or plate as approved by the Borough Engineer for any open excavation during nonworking hours. No portion of the street or curbing shall be left open at one time more than 500 linear feet.
B. 
The applicant shall not deposit any material, equipment, or excavated material on any public or private right of way or property unless consent from the owner has been given.
C. 
The applicant shall be aware of all street and parking regulations when preparing any traffic control or work plan.
A. 
No excavation may be made between 6:00 p.m. Friday to 7:00 a.m. Monday.
B. 
At all times during construction, 1/2 of the street shall be open for public travel, unless the applicant provides and marks to the satisfaction of the Borough's Engineer a suitable detour. The applicant shall, always, be required to make provisions for residents. On weekdays from 7:00 a.m. to 6:00 p.m., during the construction and when at least 1/2 of any road is made impossible to travel, the contractor shall provide a flagman or uniformed personnel to direct traffic.
C. 
All traffic control plans must be approved by the Borough Engineer and shall conform to the latest revised Manual on Uniformed Traffic Control (MUTCD).
The Borough Engineer, or Borough representative, shall inspect the work periodically to ensure compliance with this section. An applicant under this section shall give the Borough Engineer or Borough representative 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 Borough representative to the Borough, whether such inspections are the periodic inspections by the Borough Engineer or special inspections called for by appropriate Borough officials. Inspection charges should be unnecessary or minimal if the applicant complies with the provisions of this section.
All work performed shall be done within the time scheduled in subsection § 168-2G. If the applicant does not comply with this schedule, or if in the judgment of the Borough Councilmember charged with the supervision of streets the applicant keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the Borough of Milford 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, applicant's agents, contractors or representative, or if a nuisance is, in opinion of the Borough Engineer caused by the actions of any parties, the Engineer may stop the work until the situation complained of is eliminated. Streets shall 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 the event of injury to such utilities it shall be the duty of the applicant, at applicant's own expense, to properly repair and replace and otherwise correct the damage regardless if marked or not marked. The applicant shall not at any time come closer than three feet to any utility line without the 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.
Where test holes are drilled not exceeding nine square inches, such holes shall be filled with hot tar to street level within 72 hours of repair of leak or other utility damage.
Where holes or excavations exceed nine square inches, the applicant or applicant's contractor shall:
A. 
Fill with NJDOT approved flowable fill backfill to the pavement subgrade. In cases of Borough sponsored work or as approved by the Engineer, this requirement may be waived and Dense Graded Aggregate Base Course (DGABC), however, excavated material in no case will be re-used as backfill.
B. 
Pavement replacement shall consist of 5" compacted thickness HMA 25M-64 Base, and 2" compacted thickness HMA 9.5M-64 Surface Course. Limits of restoration as noted in 168-1.
C. 
Concrete Sidewalk and Driveway Apron shall be as per the standard Borough detail and in accordance with the latest revised NJDOT Standard Specifications for Road and Bridge Construction. Sidewalk areas on Bridge Street shall be restored with full depth color to match the current color of the sidewalk.
D. 
Duplicate the existing surfaces with like surfacing material to conform with the existing street surface, road surface, curbing, sidewalk areas and grass plantings.
E. 
Replace all damaged or broken drainpipes or conductors, either through the street or from buildings and residences to the street.
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.
A. 
Pending the actual repaving operation stated in § 168-12, the applicant may use a temporary fill in the excavation of such material as may be directed by 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 taken care of immediately.
B. 
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.
C. 
After repavement, the applicant shall be under the duty of maintaining the excavation for a period of 18 months and assumes the responsibilities of refilling the excavation as it may sink. In case of undue settlement, the Borough Engineer, in his or her 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.
D. 
Upon the failure of the applicant to comply with any of these requirements, the Borough may do the necessary repairs and replacements and charge the same to the applicant, as provided for in subsection § 168-8.
A. 
Defined as: directional drilling, piercing tools, hogs, moles, missiles, water boring equipment, auger boring equipment including pipe jacking, plowing or insertion or pipe splitting.
B. 
No tunneling or trenchless technology shall be permitted within the Borough of Milford when the intended path crosses a road right-of-way or public easement.
C. 
Special permission may be granted when extraordinary circumstances exist. Applicant must submit plans signed and sealed by a New Jersey Licensed Professional Engineer depicting the proposed trenchless technology or tunneling path to the Director of Public Works for his review. All plans shall be prepared utilizing horizontal and vertical datum NAD 83 and NAVD 88 respectively. Upon his review the director of public works in conjunction with the Borough Engineer may grant permission with any conditions they feel appropriate to ensure safety and compliance.
D. 
Fees. An applicant seeking special permission due to extraordinary circumstances must submit a nonreturnable fee of $250 for the Borough Engineer and Director of Public Works to review the application. Upon review, if permission is granted, the Borough Engineer and Director of Public Works may request a bond to be held by the Borough of Milford to cover any inspection fees and/or damages that may be incurred by the Borough of Milford in conjunction with the tunneling or trenchless technology. The amount of the bond shall be determined by the estimated inspection hours that may be necessary to ensure compliance.
A. 
The applicant shall pay a fee as prescribed in Chapter 10, Fees, of this code, which shall be nonrefundable, and shall further deposit with the Borough Clerk an amount to be determined by the Borough Engineer, not to exceed $1,000, which shall constitute an inspection deposit from which the Borough shall be reimbursed for the expense incurred for engineering site inspections required.
B. 
A separate application fee and deposit shall be made for each proposed excavation. In addition, the applicant shall post in advance such amount as may be required by the Borough Engineer, in lieu of a maintenance bond, to secure payment for such maintenance as may be required within 18 months of the final engineering inspection, the balance of which shall be released at the discretion of the Borough Engineer within 18 months of the final inspection.
The applicant may, in lieu of a cash deposit, submit a surety bond, which, upon approval of the Council, shall have the same force and effect as cash. The bond shall provide for payment of any damages by or from the acts of the applicant and save the Borough harmless from any lawsuits 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 yearly basis in an amount of $5,000 in lieu of cash or construction bonds.