[1972 Code § 18-1.1]
As used in this section, the following words shall have the
following meanings:
shall mean the Superintendent of Public Works.
shall mean any road, highway, public way, public alley, easement
or other right of way accepted or maintained by the municipality as
a public street, as well as any State or County road or highway over
which the municipality has acquired jurisdiction by agreement.
[1972 Code § 18-1.2]
a.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Director.
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 permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work has begun.
c.
The Department of Public Works may issue permits to other public
bodies without fee.
[1972 Code § 18-1.3]
The Director is authorized to refuse the issuance of any permit
if a refusal is in the interest of public safety, public convenience
or public health. In the event that any permit shall be refused by
the Director, an appeal may be taken to the Council. The Council,
after hearing the applicant and the Director and other evidence as
may be produced, may either direct the issuance of a permit or sustain
the refusal of the Director.
[1972 Code § 18-1.4]
Applications for a permit shall be made to the Department of
Public Works and shall contain the following information:
a.
Name and address of the applicant.
b.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
c.
The municipal tax map block and lot number of the property for the
benefit of which the opening is to be made.
d.
Nature of the surface in which the opening is to be made.
e.
Character and purpose of the work proposed.
f.
Time when the work is to be commenced and completed.
g.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
h.
The name and address of the workman or contractor who is to perform
the work.
i.
A statement that the applicant agrees to replace at his own cost
and expense, the street, curb, gutter and sidewalk in the same state
and condition in all things as they were at the time of the commencement
of the work within forty-eight (48) hours of the commencement of same.
[1972 Code § 18-1.5]
Permits shall be issued under the authority of the Director
and in accordance with the provisions of this section and the regulations
which the Director may establish. The Director shall determine the
initial time limit during which the permit shall be valid.
[1972 Code § 18-1.6]
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the excavation or tunnel
is to be made, the dimensions of the opening and the period during
which the permit shall be valid. The original of each permit shall
remain on file with the Department of Public Works.
[1972 Code § 18-1.7; New]
a.
Fees must be paid when the application is made.
b.
The applicant shall be charged a fee of one hundred ($100.00) dollars
for each permit where the road opening measures not more than ten
(10) square feet. For road openings measuring more than ten (10) square
feet, an additional fee of two ($2.00) dollars for each square foot
over that shall be charged.
c.
A deposit of one thousand ($1,000.00) dollars shall be made by each
applicant for a road opening permit to insure the proper restoration
of the surface and foundation of the street for which the permit is
granted in a manner acceptable to the Department of Public Works.
The deposit amount may be increased in the discretion of the Director.
d.
The Borough of Woodland Park will furnish an inspector for each day
during the time the applicant is saw cutting, back filling and paving
the opening. During normal working hours, no additional fee will be
charged for an inspector. Outside of normal working hours, prior to
7:30 a.m. and after 4:00 p.m. Monday through Friday inclusive, and
during all times on Saturday, Sunday, and the Borough of Woodland
Park's holidays; when a Borough Inspector must be assigned to
be present for saw cutting, back filling and paving the opening, the
applicant will be liable to reimburse the Borough of Woodland Park
for the services of the Inspector at the prevailing rate of wage,
for each work day from the time the road is to be opened until the
back filling with the approved materials and restoration of the pavement
or roadside is completed. The applicant will be charged for the costs
incurred as stipulated for any minimum overtime cost in the Union
Contract for the employee, even if the operation is less than the
minimum time.
[1972 Code § 18-1.8]
No permit shall be issued until the applicant has filed a bond
in an amount determined to be sufficient by the Director and in no
case shall the bond amount be less than three thousand ($3,000.00)
dollars. The Director may waive the requirements of this subsection
in the case of public utilities upon the presentation of satisfactory
proof that it is capable of meeting any claims against it up to the
amount of the bond which would otherwise be required. The bond shall
be executed by the applicant as principal and a surety company licensed
to do business in the State of New Jersey as surety and shall be conditioned
as follows:
a.
To indemnify and hold harmless the municipality 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.
b.
To indemnify the municipality for any expense incurred in enforcing
any of the provisions of this section.
c.
To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors done in the course of any
work under the permit.
d.
Notwithstanding the provision of subsection 24-1.7c, the bond shall also be conditioned upon the applicant's restoring surface and foundation of the street for which the permit is granted in a manner acceptable to the Department of Public Works.
One bond may be accepted to cover a number of excavations by
the same applicant. Bonds shall remain in force for a period to be
determined by the Department of Public Works.
[1972 Code § 18-1.9; New]
No permit shall be issued until the applicant has furnished
the Department of Public Works with satisfactory proof that he is
insured against injury to persons and damage to property caused by
any act or omission of the applicant, his agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards likely to arise in connection with
the work, including but not limited to collapse and explosion, and
shall also insure against liability arising from completed operations.
The limits of the policy or insurance shall be one hundred thousand
($100,000.00) dollars for injury to any one (1) person, three hundred
thousand ($300,000.00) dollars for injuries to more than one (1) person
in the same accident, and an aggregate of one million ($1,000,000.00)
dollars for property damage for a single incident. The Director may
waive the requirements of this subsection in the case of public utilities
upon the presentation of satisfactory proof that it is capable of
meeting claims against it up to the amount of the limits of the insurance
policy which would otherwise be required.
[1972 Code § 18-1.10]
All permits issued under this section shall be subject to the
following rules and regulations:
a.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
b.
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 Chief of Police
and the Director is notified by the permittee. The Police Department
shall be informed of all street closings at least twenty-four (24)
hours in advance, except where the work is of an emergency nature
when notice shall be given to the Police Department when work commences.
c.
The Director may, upon application by the permittee, extend the time
limit during which the permit shall be valid.
d.
All refuse and material must be removed within forty-eight (48) hours.
e.
All excavations shall be completely back filled by the permittee,
and shall be compacted by tamping or other suitable means in a manner
prescribed by the Department of Public Works. Where the Department
of Public Works determines that the excavated material is unsuitable
for back fill, the permittee shall back fill the excavation with sand,
soft coal, select fill, quarry process 3/4 stone or other suitable
material which shall be placed in layers not exceeding six (6) inches
in depth and thoroughly compacted in the manner prescribed by the
Department. Upon completion of the work, the permittee shall remove
any excess material and leave the premises in a clean condition. If
the Department determines that any back filled excavation has settled
or caved in, it shall so notify the permittee, who shall promptly
continue back filling until the Department determines that settlement
is complete.
f.
If tunneling operations are required, the tunnel shall be back filled
with rammed concrete composed of one (1) part cement to ten (10) parts
sand.
g.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable State laws
and regulations.
h.
If the work is not completed within the time specified in the permit
or any extension granted by the Department of Public Works, or is
not performed in accordance with the regulations set forth in this
subsection and any other regulations that may be established by the
Department of Public Works, then the Department may complete the work
itself and restore the surface of the street. The cost of completing
the work and/or municipal inspection for restoring the street shall
be charged to the permittee and may be deducted from his deposit or
recovered by an action in any court of competent jurisdiction.
[1972 Code § 18-1.11]
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
a.
No permittee shall commence the restoration of any street foundation
or surface until the Department of Public Works has determined that
settlement of the subsurface is complete and the area properly prepared
for restoration.
b.
The street surface shall be restored so as to extend six (6) inches
beyond the excavation on all sides.
c.
The street surface shall be restored to the satisfaction of the Director.
[1972 Code § 18-1.12]
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 forty-five
(45) days from the date of issuance of the permit. If work is not
commenced within that time, the permit shall automatically terminate,
unless extended in writing by the Director.
c.
Possession of Permit. A copy of the permit together with a copy of
the plan endorsed with the approval of the Director must be kept in
possession of the person actually performing the work and shall be
exhibited on demand to any duly authorized employee of the Department
of Public Works or to any Police Officer of the municipality.
d.
Revocation of Permit. The Director may revoke a permit for any of
the following reasons:
1.
Violation of any provision of this section 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 declared by any provision of the Code to constitute a nuisance.
The procedure for revoking a permit shall be the same as that
set forth in this Code for the revocation of licenses, except that
the initial hearing shall be before the Director with a right of appeal
to the Council; and the Director may provide in his decision that
the revocation shall not become effective if the permittee corrects
the violation within a specific period of time.
e.
Modification of Permit Conditions. In a special case the 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 section shall not apply or shall be altered.
[1972 Code § 18-1.13]
The Director may make any rules and regulations which he considers
necessary for the administration and enforcement of this section,
but no regulation shall be inconsistent with, alter or amend any provision
of this section, or impose any requirement which is in addition to
those expressly or by implication imposed by this section. No regulations
shall be effective unless they shall be approved by resolution of
the Council. Copies of all current regulations shall be furnished
each permittee at the time of the issuance of the permit.
[1972 Code § 18-2.1]
It shall be unlawful for any person to construct or remove,
or cause to be constructed or removed any sidewalk, driveway apron,
curb or gutter or any part thereof within any public right of way
in the municipality without first having obtained permit to do so
from the Director.
[1972 Code § 18-2.2]
Application for a permit under this section shall be made to
the Director of Public Works by the owner of the premises or his agent
upon forms provided by the municipality and shall contain the following
information:
a.
The name and address of the applicant.
b.
The name and address of the person who is to perform the proposed
work, and the name and address of the owner of the property on which
the work is to be performed, of other than the applicant.
c.
The location, by street number or otherwise, of the premises where
the work is to be done.
d.
The estimated cost of the proposed work.
e.
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and prominent object, as well as its width and relationship to the
grade of the street and the adjacent property and, in the case of
a driveway apron, its slope or pitch.
f.
Any other information that the Director of Public Works deems necessary
in order to determine whether the work will comply with this chapter.
[1972 Code § 18-2.3; New]
A fee of twenty-five ($25.00) dollars shall be charged for each
permit and in addition the applicant shall pay the cost of all tests
which the Director of Public Works deems necessary. The fee shall
be paid at the time the application is filed, and the cost of all
proposed tests shall be paid prior to the issuance of any permit.
[1972 Code § 18-2.4; New]
a.
All materials and work shall be in accordance with municipality specifications
on file in the office of the Department of Public Works.
b.
Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced in accordance with municipality specifications.
c.
No concrete sidewalk, apron or curb shall be replaced or covered
with blacktop.
d.
Whenever a "curb cut" or driveway depression is required, the entire
section or sections of curb or curb and gutter shall be removed and
replaced. The permit fee for same shall be twenty-five ($25.00) dollars.
The breaking and recapping of curbing is specifically prohibited.
[1972 Code § 18-2.5]
The applicant shall notify the Department of Public Works at
least twenty-four (24) hours prior to the time of pouring or laying
any sidewalk, driveway apron, curb or gutter so that the Department
may arrange for adequate inspection and testing.
[1972 Code § 18-2.6]
This section shall not apply to:
[Ord. No. 98-14 § 1]
a.
There are certain private or non-dedicated streets within the Borough
of Woodland Park; and certain of these private or non-dedicated streets
are in need of repair, and/or maintenance or need lighting or removal
of snow, garbage or other obstructions; the Borough Council may determine
it to be in the interest of the community to expend public money to
repair and/or maintain certain private or non-dedicated roads having
sufficient traffic to justify such expenditure or provide lighting
or snow removal, garbage removal or removal of other obstructions
for such roads.
b.
Pursuant to N.J.S.A. 40:67-23.1, the Borough may, by resolution,
in any fiscal year it chooses, elect to repair or maintain any private
or non-dedicated street within its borders having sufficient travel
to justify such expenditures of public money or to provide lighting,
or snow removal, garbage removal or other obstructions for such roads.
