[G.O. No. 1609]
It shall be unlawful to excavate, dig in, tunnel or open any
public street in the Town of Westfield for any purpose without a permit
being first secured from the Town Engineer, and then only upon compliance
with the provisions of this article. "Street" for the purpose of this
article shall mean any road, thoroughfare, highway, public way, public
alley, easement or other right-of-way accepted or maintained by the
Town as a public street, as well as any other State or county road
or highway over which the Town has acquired jurisdiction by agreement.
[G.O. No. 1609; amended 7-9-2019; 4-14-2020 by G.O. No. 2169]
Any person, firm, or corporation desiring a permit for the opening
of a street or tunneling therein shall make application to said Town
Engineer setting forth the following information.
(a)
The name and address of the applicant.
(b)
The name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(c)
The Town Tax Map, block and lot number of the property for the benefit
of which the opening is to be made.
(d)
The nature of the surface in which the opening is to be made.
(e)
The character and purpose of the work proposed.
(f)
The time when the work is to be commenced and completed.
(g)
The plan showing the exact location and dimension of all openings.
(h)
The name and address of the workmen or the contractor who is to perform
the work, if different from the applicant.
(i)
A statement that the applicant agrees to replace, at his own cost and expense, in accordance with Town specifications and details, the opening to the state and condition described in § 24-11 herein, and further agrees to comply with all other applicable ordinances, regulations and laws relative to the work.
(j)
Agreeing to indemnify and hold harmless the Town from all loss, damage,
claim 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.
(k)
Such other information as the Town Engineer may consider pertinent.
(l)
The registration number from the underground location service "New
Jersey One Call" indicating that they have been properly notified
and will locate underground facilities in the area of the proposed
opening or tunneling operation.
(m)
Proof of insurance coverage as required by this article.
[G.O. No. 1609]
The Town Engineer is hereby authorized to refuse the issuance
of any permit if such refusal is in the interest of public safety,
public convenience or public health. If a permit is refused by the
Town Engineer, an appeal may be taken to the Town Council. The Town
Council, after hearing the applicant and the Town Engineer and such
evidence as may be produced, may either direct the issuance of such
permit or sustain the refusal of the Town Engineer.
[G.O. No. 1609; amended 7-9-2019 by G.O. No. 2139; 4-14-2020 by G.O. No. 2169]
All permits issued under this article shall require the applicant
to comply with the following:
(a)
All excavations shall be kept properly barricaded at all times and,
during the hours of darkness, shall be provided with the proper warning
lights. The applicant shall provide such signs, controls, barricades,
warning lights, and personnel necessary for safe operation and compliance
with applicable federal and state laws at its own cost and expense.
(b)
All excavations or tunneling shall be sheeted, shored, or braced
in accordance with applicable safety codes and Occupational Safety
and Health Administration ("OSHA") standards.
(c)
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Chiefs of
both the Police and Fire Departments. The Police and Fire Departments
shall be notified of all street closings at least 24 hours in advance,
except where the work is of an emergent nature, when notice shall
be given to the Police and Fire Departments at the time work commences.
(d)
All refuse and material shall be removed within 48 hours in accordance
with applicable federal and state laws.
(e)
All excavations shall be completely backfilled with a controlled
low-strength material (CLSM), more commonly referred to as "soil cement,"
to a level six inches below the adjacent roadway surface. A temporary
patch must immediately be installed until such time as the final topcoat
can be applied. After installation of soil cement, the applicant shall
create a final topcoat consisting of a four-inch compacted thickness
of bituminous stabilized base course, and a two-inch compacted thickness
of bituminous surface course, that, when filled, shall result in an
opening that is flush with the existing contour of the road. If conditions
exist that do not allow for the installation of bituminous material
as required, a temporary patch must immediately be installed until
such time as the final topcoat can be applied. Permanent patches must
have all edges sealed. CLSM shall have a twenty-eight-day minimum
compressive strength of 120 psi, and the applicant shall submit a
mix design to the Town Engineer for approval prior to use.
(f)
All street patch repairs and/or trench restoration must use the infrared
paving method pursuant to the most recent standards promulgated by
the Town Engineer so as to blend uniformly with the adjacent existing
roadway. All backfilling and patching operations of any such excavation
project must be supervised by the Town Engineer or his/her designated
representative to ensure compliance with the Town Engineer's standards.
(g)
If blasting is required in the course of any excavation, it shall
be done in strict compliance with all applicable federal and state
laws and regulations.
(h)
Restoration of any street foundation or surface shall not commence
until the Town Engineer or his/her designated representative has determined
that settlement of the subsurface is complete and the area properly
prepared for restoration.
(i)
Any contractor hired to perform a street excavation in the Town shall
provide proof that it is licensed with the State of New Jersey.
(j)
All materials and work shall be in accordance with Town regulations,
specifications, and details as required by the Office of the Town
Engineer.
(k)
Requirements for "moratorium" roads.
[Amended 2-22-2022 by G.O. No. 2022-05]
(1)
After
the Town has paved or repaved any street of the Town of Westfield,
no excavation permit shall be issued for openings, cuts, or excavations
in said street for a period of seven years from the date of such paving,
subject to the exceptions described herein.
(2)
The
Town Engineer shall keep a list of all such streets subject to this
seven-year moratorium, which may be inspected in the Office of the
Town Engineer.
(3)
Prior
to the start of any such paving or repaving work, the Town Engineer
shall notify each utility company of said work so any in-progress
or contemplated excavations may be completed before paving is started.
Such notice shall state that no excavation permit shall be issued
for openings, cuts, or excavations in said street for a period of
seven years from the date of such paving. The notice shall also provide
that applications for excavation permits for work to be done prior
to such paving or repaving shall be submitted promptly so that any
work may be completed not later than 90 days from the date of such
notification.
(4)
During
such seven-year period, the applicant must restore the street opening.
Such restoration must include pavement restoration (milling and repaving)
for the full width of the roadway to a distance of 100 feet around
the area of the opening. Notwithstanding these requirements, the Town
Engineer may, in his/her sole discretion, waive the requirements of
this subsection under the following circumstances:
a.
Where
necessary, as determined by the Town Engineer. For example, if there
is an excavation on a small cul-de-sac of less than 100 feet in length
within the Town, or if such a distance will unreasonably interfere
with an existing utility, the Town Engineer may use his/her discretion
in determining the overall distance of the restoration.
b.
If,
in the judgment of the Town Engineer, an emergency exists that makes
it absolutely essential that the road be opened for purposes of a
utility repair or replacement.
c.
When
the owner(s) of a single-family residential property who actually
resides in that property applies for a construction permit to convert
from oil heat to gas heat.
(5)
In
any circumstance in which the Town Engineer waives the curb-to-curb
and/or 100-feet requirements above, the Town Engineer shall require
that the street opening be patched and restored via infrared pavement
repair technology so as to blend uniformly with the adjacent existing
roadway.
(l)
Requirements for non-moratorium roads.
[Amended 11-10-2020 by G.O. No. 2196]
(1)
For
all streets that have not been paved within the last seven years,
the applicant must patch and restore the street opening via infrared
pavement repair technology so as to blend uniformly with the adjacent
existing roadway. If the street opening to be trenched is greater
than or equal to 50 linear feet, upon completion of same, the applicant
shall restore (milling and repaving) the entire street surface from
edge to edge, or curb to curb, for the full length of the excavation
to the nearest intersection or as directed by the Town Engineer as
described herein.
(m)
All sidewalks, when being restored or replaced as part of the operations
hereunder, must also be restored pursuant to the Town Engineer's standards.
(n)
The
street surface shall be restored to the satisfaction of the Town Engineer
that it has been restored to its original condition.
[G.O. No. 1609; amended 12-13-2016 by G.O. No. 2077; 7-9-2019
by G.O. No. 2139; 4-14-2020 by G.O. No. 2169]
The following conditions and regulations shall apply to all
permits issued under this article:
(a)
Transferability. All permits shall apply only to the applicants to
whom they are issued and for the purposes described in the application
and shall not be transferable.
(b)
Commencement of work. Work under a permit shall commence within 30
days from the date of issuance of the permit, which shall be valid
for 30 days therefrom. If work is not commenced within that time,
the permit shall automatically terminate, unless extended in writing
by the Town Engineer. The Town Engineer shall be notified at least
24 hours prior to the work commencing, except where the work is of
an emergent nature, when notice shall be given to the Town Engineer
no later than at the time work commences.
(c)
Possession of permit. The applicant shall keep a copy of the permit
and same shall be exhibited on demand to any duly authorized employee
or police officer of the Town at the location where the work is occurring.
(d)
Revocation of permit. The Town Engineer may revoke a permit for any
of the following:
(1)
Violation of any provisions of this article or any other applicable
rules, regulations, laws, or ordinances.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which endangers
life or property, or which creates any condition which is unhealthy,
unsanitary, or a nuisance, in the sole discretion of the Town Engineer.
(e)
Modification of permit conditions. In a special case, the Town Council
may, by resolution, impose special conditions to which the issuance
of the permit may be subject, or may decide that any provision of
this article shall not be applicable or may be modified.
(f)
Rules and regulations. The Town Engineer may make and implement any
and all rules and regulations that he/she considers necessary for
the administration and enforcement of this article, but no regulation
shall be inconsistent with, alter, or amend the intent of any provision
of this article, or impose any requirement that is in addition to
those expressly or by implication imposed by this article. Copies
of all current regulations shall be furnished to each permittee at
the time of the issuance of the permit.
[G.O. No. 1609; amended 5-11-2010 by G.O. No. 1954; 12-13-2016
by G.O. No. 2077; 7-9-2019 by G.O. No. 2139; 4-14-2020 by G.O. No. 2169]
(a)
Prior to issuance of any permit pursuant to this article, the applicant
shall file an application for said permit at least 48 hours prior
to the requested time of issuance and shall pay for said permit in
accordance with the following schedule:
(1)
Permit fee:
a.
Excavation up to 25 square feet: $200.
b.
Excavation between 25 square feet and 50 square feet: $300.
c.
Excavation larger than 50 square feet: $300 plus $1 per square
foot in excess of 50 square feet. For example, if an application is
made for an excavation of 75 square feet, the permit fee would be
$325.
(2)
Cash bond: The Town Engineer is authorized to demand a bond
in an amount not less than $1,500 to assure that any road opening
on roadways is restored satisfactorily.
(b)
All permit fees are nonrefundable, and said permit, once issued,
is valid for a period of 60 days.
(c)
The fee and cash bond will be waived for work done by Union County,
provided Union County files an application prior to any work being
done.
(d)
Public utilities will be allowed to establish an escrow account with
the Town of Westfield for the required cash bonds. A maximum of $25,000
shall be deposited in this account, unless a single project requires
the posting of a larger amount as determined by the Town Engineer.
(e)
The Town shall have the authority and right to use the escrow funds
or cash bond to restore or maintain the work covered by the permit
if the applicant fails to do so within 24 hours of notification by
the Town.
[G.O. No. 1609]
One year after the permanent restoration is completed, the Town
shall reinspect the area. If the restoration is satisfactory, the
cash bond or any remainder thereof shall be refunded; if additional
restoration is required, the Town shall notify the applicant of the
additional work to be performed and will reinspect the restoration
area again one month after the corrective action. A refund shall then
be made if restoration is satisfactory.
[G.O. No. 1609]
Nothing in this article shall be construed as requiring the
issuance of a permit for the performance of any work done by the Town
or under a contract with the Town.
[G.O. No. 1609]
No permit for a street opening shall be issued by the Town Engineer
until the applicant therefor shall have placed on file with the Town
Engineer satisfactory evidence of public liability insurance in the
amount of not less than $300,000 combined limit and property damage
insurance in the amount of not less than $2,500 combined limit.
Such insurance must remain in force from the date of the permit
until the cash bond is utilized by the Town or returned.
[G.O. No. 1609]
It shall be the duty of a permittee under this article to give
notice of the proposed street opening to any companies or organizations
whose pipes, conduits, wires, or other structures are laid in the
portion of the street to be opened not less than 24 hours before commencing
such opening. The permittee shall, at his own expense, carefully support,
maintain in operation and protect from injury such pipes, conduits,
wires, or other structures. If any damage is caused to such structures
the permittee shall restore same, at his own expense, to as good a
condition as they were before the beginning of the work.
[G.O. No. 1609]
Small pipes or conduits may be driven beneath pavements in such
a manner that the surface shall not be disturbed or injured; provided,
that:
(a)
A permit is obtained as provided herein.
(b)
The application fee shall have been paid, provided there shall not
be a requirement to pay a permit fee or cash bond.
(c)
In the event of damage to a pavement or subsurface pipe or structure
caused by driving such pipe or conduit, the permittee under this article
shall repair and make good the damage at the permittee's own expense.
(d)
Driving of pipes shall be prohibited at locations in the highways
where there is existing underground construction of the New Jersey
Bell Telephone Company or Public Service Electric and Elizabethtown
Gas Company.
[G.O. No. 1609]
In case of an emergency, such as would be occasioned by a leak
of gas, or water, a sewer blockage or such other situation which poses
an immediate hazard to public safety or interruption of utility services,
the Town Engineer may issue an emergency permit without the necessity
of the applicant complying with the application process described
herein, provided that after such emergency has been abated, a normal
application will be filed on the next business day thereafter.
[G.O. No. 1609]
Any person, firm or corporation violating any of the provisions
of this article shall be subject to a fine not exceeding $1,000 or
to imprisonment for a term not exceeding 90 days, or both, in the
discretion of the judge of the Municipal Court.
