Township of Fairfield, NJ Streets and Sidewalks

The Municipal Clerk of the Township of Fairfield is hereby authorized to issue a street opening permit to such person, firm, corporation, or company as shall apply for and pay the fees therefor as hereinafter mentioned.

A street opening permit shall be valid for a period of not more than 45 calendar days from the date of issuance. Upon failure to perform the work within the time period as herein stated, the permittee shall forfeit the fees paid and be required to obtain a new street opening permit and pay the required fees.

No street opening permit will be issued to any person, firm, corporation or company who will not actually be performing the work being requested in the permit. Utility companies or authorities utilizing subcontractors in servicing their facilities may apply and pay the fees for the street opening permit but only in the name of the subcontractor who will actually be performing the work.

Emergency openings.

Nothing in this article shall prevent or hinder the rights of the public utility company to perform a street opening for access to its facilities in the case of an emergency affecting the health, safety, and welfare of the general public or to prevent loss or damage to municipal streets, or in order to provide the continuation of service. However, the declaration of emergency work shall not be justified by the public utility company's failure to maintain its facilities in proper and safe fashion to prevent the necessity of emergency openings.

In the event of an need to perform an emergency opening, the public utility company shall be responsible for notification to the Municipal Clerk, if during normal municipal business working hours or, if outside normal municipal business working hours, to the voice mail of the Municipal Clerk prior to the performance of the opening. The public utility company shall be required to submit the required permit information and fees in accordance with this article on the next municipal business day after the emergency opening. With such permit filing shall also include the reason for the opening and the descriptive repair work performed.

Should it be determined by the governing body of the Township of Fairfield based on the number of emergency openings performed by a public utility company that the number of emergency openings being performed in a specific area of the Township indicates need to permanently repair or replace the facility, the public utility company shall be so notified, in writing, by the Municipal Clerk. The public utility shall be required to submit a plan to the Township within 30 calendar days of said notice to permanently repair or replace its facility in order to eliminate the occurrence of emergency openings. After submission of the plan to the Township, the public utility company shall have 60 calendar days to obtain the necessary street opening permits and initiate the repair or replacement work. Failure of the public utility to provide the information as required in this subsection shall entitle the Township of Fairfield to declare a public health hazard and petition the Board of Public Utilities to mandate that the public utility company make the necessary repairs or replacement of its facility.

§ 395-5 Fees, sureties and escrow deposits.

In order to defray the expense of issuing the permit of the work being performed under the street opening permit and assurance that the work is being performed in the interests of the public health, safety, and welfare, the fees for each street opening permit shall be as follows:

Fees:

For each opening or excavation not greater than 10 square feet in surface area outside of the paved cartway of any municipal street, avenue, road, or highway, the amount of $50.

For each opening or excavation not greater than 10 square feet in surface area within the paved cartway of any municipal street, avenue, road, or highway, the amount of $100.

For each opening or excavation 11 square feet or greater in area outside of the paved cartway of any municipal street, avenue, road, or highway, the amount of $50 plus $0.25 per square foot above 10 square feet.

(4)

For each opening or excavation 11 square feet or greater in area within the paved cartway of any municipal street, avenue, road, or highway, the amount of $100 plus $0.50 per square foot above 10 square feet.

(5)

For any disturbance (drilling, probing, coring, etc.) of any paved cartway area other than excavation, a fee of $50 for up to and including 10 square feet plus $0.50 per square foot greater than 10 square feet. The amount of area shall be calculated by determining the actual width (not less than one foot) by the total length of the number of disturbance(s).

Surety deposits.

The company to which the permit is issued shall also deposit with the Municipal Clerk prior to the issuance of any permit a performance guaranty in the form of a performance bond, certified check, cashiers check, or cash made out to the Township of Fairfield an amount equal to the value of the permanent restoration, as follows:

(a)

Asphalt, base course: $5 per square yard.

(b)

Asphalt, top course: $5.50 per square yard.

(c)

Roadway milling: $3 per square yard.

(d)

Concrete curb: $25 per linear foot.

(e)

Concrete gutter: $25 per linear foot.

(f)

Concrete sidewalk: $35 per square yard.

In lieu of the required performance guaranty, a public utility company, as defined in N.J.S.A. 48:2-13, may file with the Municipal Clerk a yearly performance guaranty in the amount of $5,000. The performance guaranty shall be posted with the Municipal Clerk not later than January 15 of each year and shall only be for work performed by employees of the public utility. Independent contractor work for a utility company shall not be covered by the yearly public utility guaranty. The public utility company shall have the right to request the governing body to reduce the amount of the yearly performance guaranty based on a submitted schedule of work for the year, but not less than $2,000. If found acceptable, the governing body may reduce the yearly performance guaranty to an amount established by resolution for that year. Such passage of a resolution shall not entitle the public utility company to reductions in future years without proper submission of the yearly schedules as above required.

The performance guaranty shall be held until completion of the work and conditioned upon either the public utility or contractor restoring to the conditions and within the time limits as outlined in the permit or elaborated in § 395-3 of this article, or both. Upon notification of completion of the work to the Municipal Clerk, the Public Works Director, or his designated representative, shall inspect the work within five municipal working days. The Public Works Director shall certify to the Municipal Clerk that the work is either satisfactory or unsatisfactory. If unsatisfactory, the conditions necessary to approve the work shall be so specified.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4)

Should the public utility or contractor fail to perform the work as outlined herein, the Township of Fairfield shall have the right to perform the restorative work and the costs therein reimbursed by and through the performance guaranty.

Inspections and traffic directors.

The Township reserves the right to require the applicant to submit a separate inspection escrow fee should the amount of the restorative work dictate full-time inspection. The amount of the inspection escrow fee shall be determined by the Township based on an estimate provided by the Municipal Engineer and approved by the Township. Prior to the issuance of the street opening permit by the Municipal Clerk, the applicant shall provide the necessary inspection escrow in cash. Unused inspection escrow monies will be returned to the applicant upon certification by the Municipal Engineer to the Municipal Clerk that the work has been satisfactorily performed.