[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.
d. 
Excavations made within seven years of previous paving (in addition to the fees described above):
1. 
Within the preceding year: $2,000.
2. 
Within the preceding two to three years: $1,500.
3. 
Within the preceding four to five years: $750.
4. 
Within the preceding six to seven years: $500.
(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]
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.