A.
It shall be unlawful for any person, persons, firm or corporation
to open, grade, tear up any of the road surfaces off, or make any
excavation in, any of the public streets, avenues, highways or public
places in the Borough for the purpose of constructing surface or subsurface
improvements or for the purpose of laying, examining, replacing or
repairing of gas mains, water mains, sewers, sewer connections, telephone
conduits, electrical outlets, or for any other purpose, except and
until they have satisfied the provisions of this chapter and received
the proper consent, permission and approval of the Borough of Woodcliff
Lake, in writing and with the necessary consultation and review by
the Superintendent, foreman or his designee, of the Department of
Public Works and/or the Borough Engineer.
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 an application for a permit is
filed with the Borough within 24 hours of the street opening or on
the next business day, whichever is more practical. All fees and requirements
for a permit shall apply. This subsection shall be strictly construed,
and in any prosecution for a violation of this subsection, it shall
be presumed, in the absence of evidence to the contrary, that no emergency
existed.
C.
When a tunnel or excavation is commenced without a permit due to
an emergency, the Woodcliff Lake Police Department and Department
of Public Works shall be notified of the nature of the emergency and
the nature of the work to be done prior to the commencement of the
work. The excavation shall be performed in accordance with the provisions
of this section.
A.
All applications for permits referred to in this section shall be
made in writing to the Borough Administrator, at least five business
days in advance of the proposed road opening, unless it is an emergency.
The application shall:
(1)
Specify the name and address of the individual, firm, corporation
or utility for whose benefit the excavation is to be made.
(2)
Specify the name and address of the excavation, construction and/or
restoration contractor(s)
(3)
Identify specific location of the proposed excavation and the width,
length and depth thereof.
(4)
Confirm Borough jurisdiction of the work area and provide a list
of all federal, state, local governmental/quasi-governmental agencies
having jurisdiction thereover, and if such agencies require approval,
whether such approval has been obtained and provide copies thereof.
(5)
Identify the type of road surface.
(6)
Identify the location of any and all utilities, storm drains, sanitary
sewers or sewer mains within 10 feet of the limits of the proposed
opening.
(7)
Identify excavation start date and expected duration and method of
repair.
(8)
A traffic detour plan shall be provided for all projects for review
and approval by the Chief of Police.
(9)
Identify the applicable fees for the issuance of the permit as hereinafter
provided, together with the charges as hereinafter set forth.
(10)
Include a signed statement by the applicant agreeing to indemnify
the Borough and hold it harmless from and against any claim, liability,
damage and/or expense, including any attorney fees, arising out of
the granting of the permit or from any negligence or fault of such
applicant, his servants or agents in connection with any of the excavation
performed under or in connection with such permit and signature of
the applicant upon the Borough-provided checklist for compliance of
this chapter.
A.
The permit deposits shall be in the following amounts for each opening
excavated, up to 100 square feet of area disturbed:
(1)
For openings on any road paved with concrete: $750, plus $7.50 per
square foot over 100 square feet.
(2)
For openings on any road paved with macadam: $500, plus $5 dollars
per square foot over 100 square feet.
(3)
For openings on any unimproved road or unpaved portion of improved
roads: $250, plus $2.50 per square foot over 100 square feet.
(4)
Regulated utilities governed by the New Jersey Board of Public Utilities
pursuant to N.J.S.A. Title 48 are exempted from this section.
B.
No permit shall be granted unless the sums hereinafter set forth
shall be paid to the Borough. These sums shall be held by the Borough
until 18 months after the completion of each improvement as a security
deposit to guarantee the completion of the improvement and maintenance
thereof for 18 months thereafter, pursuant to the terms of the application,
in a good and workmanlike manner and in accordance with the specifications
and standards of the Borough to the satisfaction of the Mayor and
Council. Eighteen months after such completion, the Borough shall
return the deposit to the applicant provided the work has been properly
complete and maintained. Upon failure to complete and maintain the
improvement to the satisfaction of the Borough, the Borough may complete
and maintain the improvement, using the moneys so deposited or so
much thereof as is necessary for such purpose, returning the balance
of the deposit, if any, to the applicant after 18 months from the
date of completion. If the security deposit is insufficient to pay
for the cost of remediating the work, the person or entity responsible
shall be obligated to reimburse the Borough for any excess costs which
may be collected in accord with the Borough Code.
C.
The original of each permit and accompanying documents shall remain
on file with the Superintendent of Public Works.
Permits shall be issued under the authority of the Superintendent
of Public Works and in accordance with the provisions of this chapter
and any regulations which the Superintendent may establish. The Superintendent
of Public Works shall determine the initial time period during which
a permit shall be valid and any conditions of the permit after consulting
with the Chief of Police concerning potential motor vehicle and pedestrian
traffic problems which may be caused by the proposed work as per the
traffic detour plan and, if necessary, with the Borough Engineer concerning
any dangers to the public or abutting property owners which may be
caused by the proposed work.
Fees must be paid when the application is made.
B.
At the discretion of the Chief of Police, if it is necessary for
the municipality to station a police officer near the excavation to
direct traffic, the applicant shall also be charged an amount sufficient
to compensate the Borough for the expense of stationing a police officer
at or near the excavation.
C.
Should the Superintendent of Public works deem it necessary to refer
the matter to the Borough Engineer, the applicant shall be obligated
to pay the Borough for the cost of the engineering fees, which fees
shall be established with the consent of the Mayor and Council and
shall be paid in advance for the engineering services.
D.
All improvements made hereunder shall be inspected by such persons
as may be designated by the Borough Superintendent of Public Works,
foreman or his designee, and the applicant shall pay in advance to
the Borough, by certified check, the amount estimated by the Borough
Engineer to cover the inspection fees. The charge shall be reasonable
and established by the Mayor and Council. In the event the charge
has been overestimated, at the completion of the work, the applicant
shall receive a refund of the overpayment. If the charge has been
underestimated, the applicant shall be required to make an additional
deposit of money with the Borough to cover such underpayment.
Before a permit is granted by the Mayor and Council, the applicant
shall be required to furnish a performance bond with sufficient surety,
conditioned upon the completion of such improvement or improvements
to the satisfaction of, and within the time designated by the Mayor
and Council, and further conditioned upon the furnishing of a maintenance
bond with sufficient surety in an amount of 1/4 of the sum of the
performance bond, to maintain such improvement or improvements against
defective workmanship and material and inherent defects due to faulty
workmanship or material for a period of 18 months from the date of
completion and acceptance of such improvement or improvements. The
performance bond shall be in such amount as estimated by the Borough
Engineer to cover the costs of the improvement or improvements, and
all expenses incidental thereto, plus 25% over and above the amount.
In lieu of bonds, the applicant may deposit cash in sums equal to
the amounts which would otherwise be secured by the bonds aforesaid;
and upon failure of the applicant to complete or maintain such improvement
or improvements to the satisfaction of the Borough, the Borough may
complete or maintain said work, using the money so deposited or so
much thereof as is necessary for such purpose, returning the balance
of the deposit, if any, to the applicant. Fees for the examination
and review of the aforementioned bonds shall be paid to the Borough
Attorney by the applicant.
No permit shall be issued until the applicant shall have filed
a certificate of an insurance company authorized to do business in
the State of New Jersey that the applicant has a comprehensive liability
insurance policy insuring the applicant against any claim for personal
injury and/or property damage arising out of or in connection with
the work to be undertaken pursuant to said application, with the minimum
limits of protection against claims for personal injury to one person
in the sum of $100,000 and for more than one person in one accident
in the sum of $300,000 and against claims for property damage with
the minimum limit of $100,000.
A.
All work performed under the permit shall be guaranteed for a period
of 18 months after completion from any defects in workmanship or materials.
Eighteen months after the excavation has been patched, the permittee
shall arrange for an inspection of the work by the Superintendent
of Public Works, who may approve or disapprove of the fill and patching
work and so notify the permittee. In the event that the work is disapproved,
the Superintendent shall specifically advise the permittee of the
defects and provide the permittee with 30 days to correct them.
B.
In the event that the permittee shall fail to correct said defects after the end of the thirty-day period, the Borough may use the cash bond posted with the Borough in accordance with § 327-8 herein to correct the work to the satisfaction of the Superintendent of Public Works.
C.
After the Superintendent has approved of the work 18 months subsequent
to the completion of the work in accordance with this section, or
in the event that the Borough has performed corrective work under
this section, any cash funds remaining with the Borough shall be returned
to the permittee at its last known address.
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.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Superintendent of Public
Works, shall be kept in possession of the person actually performing
the work and shall be exhibited on demand to any municipal official,
employee of the Superintendent of Public Works or any police officer
of the municipality.
D.
Revocation of permit. The Superintendent of Public Works may revoke
a permit for any of the following reasons:
(1)
Violation of any provision of this chapter or any other applicable
law or ordinance.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in such a manner which endangers
life or property or which creates any condition which is unhealthy,
unsanitary or declared by any law, ordinance or regulation to constitute
a nuisance.
