[Adopted 7-6-1970 as Ch. 14 of the Revised General Ordinances]
No person shall excavate, test drill or disturb any public street, road surface, curbing or sidewalk 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 or sewer pipe, storm drain or electric, telephone or telegraph pipes or conduits or for any other purpose without obtaining a permit from the Clerk.
In an emergency where repairs must be made immediately, if 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 who made the excavation shall apply for a permit and comply with all the other provisions of this article. In emergency matters, in the absence of the Clerk, a permit may be issued by the Mayor or the Council member in charge of Borough streets.
A. 
Any person desiring a permit shall file with the Clerk or other designated official in an emergency a signed application containing the following information:
(1) 
The name and address of the applicant.
(2) 
The purpose for which the opening is to be made.
(3) 
A clear description of the location of the proposed opening.
(4) 
Three complete copies of the plans and specifications showing the work to be done and indicating clearly the section of the street which the applicant desires to open. Three complete as-built plans shall be filed if any changes are made from the original plans.
(5) 
The length, width and depth of the proposed opening.
(6) 
The outside diameter of all proposed manholes.
(7) 
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 unforeseen circumstances beyond his control, the applicant may apply for an extension of the completion date.
(8) 
The approximate cost of backfilling, tamping and repaving work when a bond is to be furnished.
(9) 
An agreement, in writing, to hold the Borough harmless from any loss, injury or damage resulting from the course of construction, whether directly or indirectly connected with the work, or from any negligence or fault of the applicant in connection with the performance of the work covered by the plans.
B. 
Except as provided in § 168-11 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.
(2) 
For personal injury for one accident: $300,000.
(3) 
For property damage: $50,000.
C. 
Except as provided in § 168-11 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 workers' compensation during the period required for the proposed improvement.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The applicant's agents, servants and representatives and any contractors employed by the applicant.
The applicant shall, within 24 hours of excavation, continue construction, installation or repair of any installation as detailed in § 168-3A(4). Where excavation will be open more than 48 hours, clearance and permission must be received, in writing, from the Certified Public Works Manager or his/her designee. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain thereon warning lights 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 200 linear feet.
The Engineer or his representative shall inspect the work periodically to ensure compliance with this article. Notice shall be given to the Engineer 48 hours before excavation so that inspections of the work may be scheduled. The applicant shall pay the cost of inspections by the Engineer to the Engineer, whether inspections are the periodic inspections by the Engineer or special inspections called for by appropriate Borough officials. Inspection charges shall be minimal if the applicant complies with the provisions of this article.
A. 
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 the repair of the leak or other utility damage.
B. 
Where the holes or excavations exceed nine square inches, the applicant or his contractor shall:
(1) 
Fill with quarry blend or suitable backfill material as approved by the 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 Engineer or his representative.
(2) 
Duplicate the existing surfaces with like surfacing material to conform to the existing street surface, road surface curbing, sidewalk areas and grass plantings, except that no permanent pavement shall be placed of a depth less than seven inches, to be constructed as authorized by the Engineer.
(3) 
Replace all damaged or broken drainpipe or conductors, either through the street or from buildings and residences to the street.
A. 
All asphalt- or macadam-surfaced streets shall be cut in straight lines with a pavement cutter. All concrete-surfaced streets shall be cut in straight lines with a saw or drill.
B. 
Pending the actual repaving operation stated in § 168-8, the applicant may use a temporary fill in the excavation of such material as may be directed by the Engineer so that no loose stones, mud or dirt may impede the flow of traffic. The Borough may, at any time, require an irregularity in the surface to be corrected immediately.
C. 
The applicant shall assume the responsibility of refilling the excavation as it may sink from time to time and of keeping it level with the balance of the street surface.
D. 
After repavement, the applicant shall maintain the excavation for a period of 18 calendar months and shall assume the responsibility of refilling the excavation if it sinks. Where there is undue settlement, the Engineer, in his judgment, shall direct the applicant to open the excavation to ascertain the cause of the undue settlement and to remedy it. All engineering costs shall be charged to the applicant.
E. 
If the applicant fails to comply with any of these requirements, the Borough may do the necessary repairs and replacements and charge the cost to the applicant, as provided for in § 168-12B.
[Amended 11-16-1987 by Ord. No. 406-87]
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
A. 
Detour required. 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 a suitable detour to the satisfaction of the Certified Public Works Manager or the New Jersey State Police or other appropriate law enforcement agency having jurisdiction as may be required. 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Time limit for excavations. All work performed must be done within the scheduled time in § 168-3A(7). If the applicant does not comply with this schedule or if, in the judgment of the Certified Public Works Manager or his/her designee, 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, at the expense of the applicant, upon two days' notice to the applicant.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Streets to be kept reasonably clean. If dust, dirt or other detrimental material continues to arise as a result of the work or neglect of the applicant or if a nuisance, in the opinion of the Certified Public Works Manager or his/her designee, is caused by the actions of the applicant, the Certified Public Works Manager or his/her designee 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
Blasting to be approved by Engineer. No blasting shall be allowed unless approved by the Engineer. All work shall be conducted so that there is no interference with existing utilities, water mains, sewer lines, gas pipes or electrical or telephone conduits or their service connections. If there is injury to the utilities, it shall be the duty of the applicant, at his own expense, to properly repair and replace and otherwise correct the damage. The applicant shall not, at any time, come closer than three feet to any utility line without the permission and supervision of the utility concerned. The utility pipes shall be protected and temporarily supported as directed by the utility company's representatives or the engineer inspecting the excavation.
E. 
Tunneling. In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in the 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 three-quarter quarry blend.
F. 
Final release and acceptance. All streets restored shall be subject to final release and acceptance, in writing, by the Engineer. Deposit money as required in § 168-10 shall not be returned nor bonds released until 18 months after completion of the project and its acceptance by the Engineer and then only upon written certification that the work has remained in a satisfactory condition for 18 months.