The purpose of this article is to establish regulations and
fees for the opening of municipal streets within the Borough of Oradell.
The following terms shall, for the purposes of this article,
have the meanings here indicated.
EXTENSIVE OPENING
An opening, tearing up or excavating, for any purpose, of
a Borough road of 100 feet or more of roadway length, or where connecting
lateral openings are made at average intervals of less than 100 feet
along the roadway length, or an opening which disturbs 20% or more
of the curb-to-curb width of the pavement area.
OWNER
Any person, corporation, public utility or other entity on
whose behalf a street opening is performed by a permittee.
PERMITTEE
Any person, firm, or corporation granted a permit hereunder.
PUBLIC UTILITY
New Jersey Bell Telephone Company, or its successor corporation
or corporations, Public Service Electric and Gas Company, Rockland
Electric, Suez Water Company, Verizon, Cablevision, any other cable
television company or any other entity having either the power of
eminent domain or subject to the regulations by the Public Utilities
Commission of the State of New Jersey.
SMALL OPENING
Any opening, tearing up or excavating, for any purpose, of
a Borough road, which is not an extensive opening and generally not
larger than 48 inches by 48 inches or 16 square feet in size.
STREET
Any street, road or other public way dedicated to and accepted
by the Borough of Oradell, and shall include all of the area thereof
lying within the bounds of the curbing or, in the absence of curbing,
the dedicated right-of-way.
The Superintendent of the Department of Public Works or Borough
Engineer shall periodically inspect all road openings and the repair
and resurfacing thereof for the purpose of determining compliance
with the conditions imposed on the issuance of the permit and the
specifications. The Borough may, upon the recommendation of either
of them:
A. Order a temporary stop to any road paving.
B. Order that the applicant perform or correct work in accordance with
the direction of the Borough.
C. Order a stop to any work and revoke the permit, in which event the
Borough of Oradell shall complete the work, or cause it to be completed,
and either declare the applicant's deposit forfeited or notify
the applicant's surety of an intent to file claim on the bond,
or both to the extent necessary to complete the work.
D. Authorize the correction of any work after notification to the permittee
and after the neglect or the refusal of the permittee to make such
corrections within 24 hours and, after the completion of same, either
declare the permittee's deposit forfeited or notify the permittee's
surety of an intent to file a claim on the bond, or both to the extent
necessary to make the necessary corrections.
E. Take any other action deemed reasonable under the circumstances to
protect the Borough's interests.
Fees shall be as follows:
A. Application fee, nonrefundable (other than public utilities):
(1) Road opening:
(a)
The fees for the right-of-way opening permit shall be as follows
(per square yard or per linear foot), minimum permit fee of $250 applies:
|
Type
|
Fee
|
---|
|
Asphalt
|
$30 per square yard
|
|
Curb
|
$23 per linear foot
|
|
Unimproved
|
$15 per square yard
|
|
Sidewalk
|
$32 per square yard
|
|
Tunneling, special permit
|
$20 each
|
|
Public utility corporation, bond
|
$10,000
|
|
Curb cut or sidewalk removal and replacement
|
$35
|
|
New driveway and/or paving, one- or two-family
|
$45
|
|
New driveway and/or paving, all others
|
$150
|
(b)
First five linear feet by three feet wide: $25
(c)
From five linear feet to 25 linear feet by three feet wide to
be defined as the longest dimension: an additional $20.
(d)
From 25 linear feet to 50 linear feet by three feet wide: an
additional $40.
(2) Boring, tunneling or driving under road: lump sum minimum of $75.
(3) Curb, gutter, apron, sidewalk or driveway: lump sum of $15 when affected
by excavation.
(4) In lieu of individual application fees set forth above, public utilities
as defined in this chapter may pay a single annual fee of $250.
B. Security deposit fee for guaranteeing paved area, curb, sidewalk,
driveway or grass area:
(1) Opening paved area, curb, gutter, sidewalk or driveway:
(b)
Charge for each square yard of trench opened: $15.
(c)
Charge for each square yard of paving: $5.
(d)
Charge for each linear foot of curb: $7.
(2) Opening shoulders and roadside areas:
(b)
Charge for each square yard of trench opened: $5.
(3) Boring, tunneling or driving under the road:
(b)
Charge per linear foot of boring: $1.
C. An escrow deposit fee for engineering, legal costs and Department
of Public Works supervising employee will be required for all nonpublic
utility applicants.
(1) All road openings, excavations, borings and other work as stated
on the permit application:
(a)
Base charge, including the first five square yards on any trench,
driveway or sidewalk opened, torn up or excavated and including the
first 20 linear feet of any curb or gutter torn up or excavated: $100.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection
C(1)(a) above, a work schedule shall be submitted to and approved by the Superintendent of Department of Public Works or the Borough Engineer, who shall estimate the total escrow fee required based thereon. If, at any time during the course of the work, it appears evident to the Superintendent of the Department of Public Works or the Borough Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent of Department of Public Works or the Borough Engineer and paid to the Construction Official, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
(2) Actual payment from the escrow deposit fee fund shall be based upon
the following rates:
(a)
Professional engineering services: minimum fee of $90 per hour.
(b)
Attorney: minimum fee of $95 per hour.
(c)
Department of Public Works supervising employee: minimum fee
of $60 per hour.
Upon the completion of any such work, the Superintendent of
the Department of Public Works or Borough Engineer shall file a report,
which report shall contain the date of completion, the amount of deposit,
the cost to the Borough for resurfacing the area so excavated or opened,
if the same shall have been necessary, and the balance, if any, due
to the applicant. Upon receipt of the report by the Superintendent
of the Department of Public Works, the balance due, if any, to the
applicant on account of any deposit shall be forthwith returned.
Any person, company, firm or corporation who or which shall
violate any of the provisions of this article shall, upon conviction
of such violation, be subject for each offense to a fine not exceeding
$1,000 or imprisonment for a term not exceeding 90 days, or both.
In case of failure to restore payments or roads or streets as herein
above provided, after written notice by the Superintendent of the
Department of Public Works to do so, each day that such pavement,
roads or streets remain unrestored shall constitute a separate offense.