[Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to provide specifications for street and sidewalk construction is part of the general Police power., N.J.S.A. 40:48-1.]
[1979 Code § 10-1.1]
As used in this section:
ENGINEER
Shall mean the City Engineer of the City of Linden.
STREET
Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the City as a public street, as well as any State or County road or highway over which the City has acquired jurisdiction by agreement.
[1979 Code § 10-1.2]
a. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the City 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 is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work has begun.
c. 
The City Engineer may issue permits to other public bodies without fee.
[1979 Code § 10-1.3]
The Engineer is authorized to refuse the issuance of any permit if such refusal is in the interest of public safety.
[1979 Code § 10-1.4; New]
Applications for permits shall be made to the City Engineer 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 City 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 duplicate 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.
[1979 Code § 10-1.5]
Permits shall be issued under the authority of, and by the Engineer and in accordance with the provisions of the section and the regulations which the Engineer may establish. The Engineer shall determine the initial limit during which the permit shall be valid.
[1979 Code § 10-1.6]
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 Engineer.
[1979 Code §§ 10-1.7; 23-3.11]
Fees shall be paid when the application is made. The applicant shall be charged the fee of ten ($10.00) dollars for each permit where no bond is required.
[1979 Code § 10-1.8]
No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Engineer. In lieu of a bond, the applicant may make a cash deposit in an amount equal to the required bond. The Engineer may waive the requirements of this subsection in the case of a public utility 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 City 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 City for any expense incurred in enforcing any of the provisions of this section.
c. 
To indemnify any person who sustains 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. 
The bond shall also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Engineer.
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period of one (1) year.
[1979 Code § 10-1.9]
No permit shall be issued until the applicant has furnished the Engineer 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 of insurance shall be five hundred thousand ($500,000.00) dollars for injury to any one (1) person, one million ($1,000,000.00) dollars for injuries to more than one (1) person in the same accident, and an aggregate of five hundred thousand ($500,000.00) dollars for property damage for a single incident. The Engineer may waive the requirements of this subsection in the case of a public utility 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.
[1979 Code § 10-1.10]
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. 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 Engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
d. 
All refuse and material shall be removed within forty-eight (48) hours.
e. 
All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the Engineer. All backfill material shall be either bank run gravel or crushed stone, as approved by the Engineer.
f. 
If tunneling operations are required, the tunnel shall be backfilled 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 Engineer, or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the Engineer, then the Engineer may complete the work and restore the surface of the street. The cost of completing the work and 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.
[1979 Code § 10-1.11]
In all cases the permitee 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 Engineer 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, and the existing pavement edge shall be saw cut.
c. 
The street surface shall be restored to the satisfaction of the Engineer.
d. 
All materials and work shall be in accordance with the City specifications and details on file in the office of the City Engineer.
[1979 Code § 10-1.12]
a. 
Transferability. A 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 which shall be valid for twenty (20) days therefrom. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Engineer.
c. 
Possession of Permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Engineer shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Engineer or to any Police Officer of the City.
d. 
Revocation of Permit. The Engineer may revoke a permit for any of the following reasons:
1. 
Violation of any provision of this section or any other applicable rules, regulations, law or ordinance.
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 this revision to constitute a nuisance.
The procedure of revoking a permit shall be the same as set forth in this revision for the revocation of licenses, except that the initial hearing shall be before the Engineer with a right of appeal to the Council; and the Engineer may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[1979 Code § 10-1.13]
The Engineer 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 are 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.
[1979 Code § 10-2.1]
No person shall construct or remove, or cause to be constructed or removed, any sidewalk, curb or gutter, or any part thereof, within any public right-of-way in the City without first having obtained a permit to do so from the Engineer.
[1979 Code § 10-2.2]
Application for a permit under this section shall be made to the Engineer by the owner of the premises or his agent upon forms provided by the City 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, if 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. 
The applicant shall furnish 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 Engineer deems necessary in order to determine whether the work will comply with this section.
[1979 Code §§ 10-2.3; 23-3.11; Ord. No. 40-40 § 1; Ord. No. 52-05 § 1; Ord. No. 56-24]
A fee shall be charged for each permit and in addition thereto, the applicant shall pay the cost of all tests which the Engineer deems necessary. The fee as set forth below 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.
Permit
Fee
Curb Permit
$20.00 plus $1.00 per linear foot
Sidewalk Permit
$20.00 plus $0.50 per square foot, but no fee for less than eight (8) linear feet of sidewalk
Street Excavation Permit
$50.00 plus $3.00 per square foot for openings greater than 25 square feet
[1979 Code § 10-2.4]
a. 
All materials and work shall be in accordance with City specifications and details on file in the office of the Engineer.
b. 
Any sidewalk, curb or gutter which is removed shall be promptly replaced in accordance with City specifications.
c. 
No concrete sidewalk 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 breaking and recapping of curbing is specifically prohibited.
[1979 Code § 10-2.5]
The applicant shall notify the Engineer at least twenty-four (24) hours prior to the time of pouring or laying of any sidewalk, curb or gutter so that the Department may arrange for adequate inspection and testing.
[1979 Code § 10-2.6]
This section shall not apply to the following:
a. 
The initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guarantees required by the Planning Board.
b. 
No fee shall be charged for the repair or replacement of less than eight (8) lineal feet of an existing sidewalk, although a permit shall be required.
[Ord. No. 56-44]
Failure to obtain the permits required by Section 15-1, Excavations in the Public Streets and Section 15-2, Curb and Sidewalk Construction and Removal, shall constitute a violation of this chapter. Any individual or entity violating the provisions hereof, shall be responsible for all fees and costs attendant to providing that such work complies with all City of Linden Ordinances, Rules and Regulations. Any individual or entity violating the provision of this chapter shall also be subject to penalties as set forth in Chapter 1, Section 1-5, General Penalty of the Revised General Ordinances of the City of Linden, and each day shall constitute a subsequent violation under subsection 1-5.5 of the Revised General Ordinances of the City of Linden. The provisions hereof shall be enforced by the members of the Department of Engineering, Department of Construction and Inspectors, or any duly appointed member of the Linden Police Department.
[1979 Code § 10-3]
Streets presented for acceptance and maps presented for approval showing lots or streets within the City shall be properly monumented and shall be accepted or approved only after the proposed street or layout of lots or streets has been approved by the Engineer and the Council in accordance with the specifications on file in the office of the Engineer.
[1979 Code § 10-4]
The parcels of land and real estate fronting on the streets, avenues, roads, lanes and alleys of the City shall be numbered and each of the parcels shall be known and designated by the numbers indicated on the official tax map of the City.
[1979 Code § 10-4.1; Ord. No. 28-3 § 1]
The owner or occupant of every dwelling house, store, office building or structure, which now fronts or may hereafter front upon any public street within the City, shall cause the street number assigned to the property upon which the dwelling house, store, office building or other building or structure is erected to be placed in digital figures as outlined below:
a. 
Dwellings. Street numbers shall be placed in digital figures no less than three (3) and no more than six (6) inches in height located in plain view of the front property line facing the principal entranceway.
b. 
Commercial and industrial street numbers shall be placed in digital figures of at least six (6) inches in height within two (2) feet of the main entrance or on the door.
c. 
Where there is more than one (1) occupant in the same numbered building, each street level occupant is to have an alphabetical designation included in the street address.
[1979 Code § 10-4.2; Ord. No. 28-3 § 1]
Street number assignments shall be made by the office of the City Engineer.
[1979 Code § 10-4.3; Ord. No. 28-3 § 1]
The enforcement of this section shall be vested in the Bureau of Fire Prevention, the Police Department, the Housing Inspector, and the Construction Code Official of the City.
[1979 Code § 10-4.4; Ord. No. 28-3 § 1]
Any person violating the terms of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1979 Code § 10-5; Ord. No. 33-2 § 1]
Each property owner shall be responsible for the inspection, repair and maintenance of all sidewalks adjacent to the property. The City shall not be responsible for the repair or maintenance of such sidewalks, unless a determination is made by the City Engineer or the Public Works Department, following receipt of written notification from the property owner, that the deterioration, damage or destruction of the sidewalk as proximately caused by (a) the roots of a tree planted pursuant to the City of Linden Shade Tree Commission[1] planting program, or (b) work performed by City employees in the official discharge of their responsibilities.
[1]
Editor's Note: The Shade Tree Commission was replaced with the Shade Tree Advisory Board by Ord. No. 66-75.
[Ord. No. 60-4]
All sidewalks shall be maintained and kept by the owner or owners of the lots on which the sidewalks front, in good and sufficient condition, even on the surface and so graded as freely to shed water. And in all cases in which at any time such sidewalk is not in the condition required by this section such owner or owners shall cause the same to be replaced to be put in the condition above required.
[Ord. No. 60-4]
Sidewalks and retaining walls located in the public right-of-way shall be constructed, altered, repaired, replaced or removed at the expense of the abutting landowner.
The City Engineer may, from time to time, inform the City Council that there is need for particular sidewalks or retaining walls to be constructed, altered, repaired, replaced or removed.
The City Council may, by ordinance, designate the sidewalks or retaining walls to be constructed, altered, repaired, replaced or removed and the specific work to be performed. Such ordinance shall direct the City Engineer to serve notice on the owner or owners of all abutting land, which notice shall contain a description of the work to be done and a statement that unless the owner or owners complete the same within ninety (90) days after service thereof, the City will do the work and the cost thereof will be assessed against the owners. Such notice shall be served in accordance with law. In the event the owner or owners of the abutting land shall not comply with the requirements of such notice, such ordinance shall provide that the City shall cause the required work to be done and paid for out of money of the City available for that purpose, and the entire cost thereof assessed upon the property of the abutting owner or owners as provided by law.
Nothing herein contained shall be construed to relieve any property owner from the obligation of inspecting and maintaining any sidewalks or retaining walls located in the public right-of-way abutting his property, nor be construed as an assumption by the City of any responsibility to inspect sidewalks.
[Ord. No. 60-4]
All sidewalks shall be kept clean and neat by the occupant or owner of the lot or premises in front of which the sidewalks are constructed. A sidewalk shall be kept free from turf, grass, weeds, stubble, and other foreign substances. The grass and weeds on either side of a sidewalk or the traveled portion of any sidewalk shall be kept to a height not exceeding three (3) inches and all shrubbery and trees shall be trimmed to a height of not less than eight (8) feet above the sidewalk and for a width of at least four (4) feet.
[Ord. No. 60-4]
The owner of each and every dwelling, store or other building or lots of ground in the City of Linden, shall within six (6) hours of daylight after any snowfall or accumulation of ice occurs cause the same to be removed entirely from the paved sidewalk or unpaved area normally used as a walkway as follows: for a width of at least two (2) feet on a single family or two (2) family residential lot, and a width of at least four (4) feet on all other lots. In the event that ice may be so frozen as to make removal impracticable, the owner shall cause the sidewalks, walkways, and steps to be thoroughly covered with sand, ashes, sawdust, or rock salt within (6) hours of daylight after any snowfall or accumulation of ice occurs.
[Ord. No. 60-4]
In the event of a violation of the provisions of Section 15-10, the City may undertake the removal of all snow and ice from the sidewalk abutting a public street or road, and the City may undertake the removal of all snow and ice from driveways, parking areas, walkways, steps and fire hydrants located upon any garden apartment development, nursing home, office building, shopping center or any other property within the City to which the public is invited for business purposes. The cost of such removal shall be certified to the City Council by the Superintendent of the City Department of Public Works. The City Council shall examine the certificate and, if found to be correct, shall cause the cost to be billed to the owner of such abutting premises or to the owner of any other premises mentioned in Section 15-10 as to which snow or ice removal work has been performed by the City, as the owner appears from the latest City tax records. Unless promptly paid, such cost shall be charged against the premises and be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
[Ord. No. 60-4]
No person, including any property owner, shall place, or allow or cause to be placed, snow or ice upon any street, road, sidewalk or municipal right-of-way, nor, without the owner's permission, upon the lands of any property near, adjoining or across the street from the property from which the snow or ice has been removed. No such person shall place such snow or ice in a manner that will obstruct or impede vehicular or pedestrian traffic or block access to any street, road or sidewalk. No person shall place any snow or ice upon or near any fire hydrant. In the event that the plowing of snow or ice in a driveway cannot reasonably be accomplished without moving some snow or ice onto a street, road or right-of-way, such snow or ice shall be immediately plowed back onto the property from which it was moved.
[Ord. No. 60-4]
a. 
In all cases where these provisions have not been complied with, a written or printed notice may be given the owner or tenant, in front of which each sidewalk is located, by any member of the Police Force, requiring the owner to cause this section to be complied with within twenty-four (24) hours after the service of such notice.
b. 
Penalty. Any person violating any of the provisions of this section shall be liable upon conviction to the penalty established in Chapter 1, Section 1-5.
c. 
Removal by City. In addition to the penalty herein provided, the City of Linden may remove such snow, ice, grass, weeds, and impediments where the owner of any real estate shall fail to remove the same as provided in this section. The cost for City labor and materials, including an administrative surcharge of fifteen (15%) percent associated with the removal of any such snow, ice, grass, weeds, or impediments from any sidewalk, gutter, or public highway by the City, shall be certified to the Tax Collector by the Director of the Department of Public Property and Community Services with a copy of the certified costs being mailed or provided to the property owner.
d. 
Owner to Pay Costs of Removal. The Tax Collector shall cause such cost to be billed to the owner and to be charged against the real estate so abutting upon such sidewalk, or gutter thereof, and the amount so charged shall thereupon become a lien and tax upon such real estate and be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the Tax Collector and in the same manner as other taxes are assessed and collected in the City of Linden.