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Borough of Little Ferry, NJ
Bergen County
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Table of Contents
Table of Contents
[1982 § 192-1; Ord. No. 1448-56-15]
The purpose of this section is to establish regulations and fees for the opening of municipal streets within the Borough of Little Ferry.
[1982 § 192-2; Ord. No. 1448-56-15]
As used in this section:
EXTENSIVE OPENING
Shall mean an opening, tearing up or excavating, for any purpose, of a Borough road of one hundred (100) feet or more of roadway length or where connecting lateral openings are made at average intervals of less than one hundred (100) feet along the roadway length or an opening which disturbs twenty (20%) percent or more of the pavement area.
OWNER
Shall mean any person, corporation, public utility or other entity on whose behalf a street opening is performed by a permittee.
PERMITTEE
Shall mean any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
Shall mean telephone, telecommunications, electric, water, gas and cable television companies or any other entity having either the power of eminent domain or subject to the regulations by the Public Utilities Commission of the State of New Jersey.
SMALL OPENING
Shall mean any opening, tearing up or excavating, for any purpose, of a Borough road, which is not an extensive opening.
STREET
Shall mean any street, road or other public way dedicated to and accepted by the Borough of Little Ferry, and shall include all of the area thereof lying within the bounds of the dedicated right-of-way.
[1982 § 192-3; Ord. No. 1099-6-03 § 792-3A; Ord. No. 1448-56-15]
a. 
No person, persons or corporation, municipal or private, nor any utility company, public or private, shall for any purpose open, tear up, excavate, bore, tunnel or drive under or in any way impair the surface or sub-surface within the limits of the right-of-way of any street in the Borough of Little Ferry without first obtaining a road permit from the Building Department of the Borough.
b. 
Only such persons, firms or corporations to whom or to which permits have been granted shall be permitted to perform such work and then only in the manner herein required and only as specifically allowed in the permit. Assignment of rights under any permit issued hereunder is prohibited and permits purportedly assigned shall be immediately void. Contracting or subcontracting work to a person, firm or corporation to whom or to which no permit has been granted is prohibited and complying with the "Borough of Little Ferry, Department of Public Works Operations Road Opening Permit Policy Requirements."
[1982 § 192-3B; Ord. No. 1448-56-15]
Nothing contained in this section shall be construed as requiring the issuance of a permit for the performance of any work done by the Borough of Little Ferry or under a contract with the Borough for the construction of waterlines, sewer lines or street improvements.
[1982 § 192-3C; New; Ord. No. 1448-56-15]
No person or corporation shall be issued a road opening permit until he presents satisfactory proof in the form of the authorization number from the One-Call Damage Prevention System as required by N.J.S.A. 48:2-73 et seq.
[1982 Code § 192-3D; Ord. No. 1379-08-13; Ord. No. 1448-56-15]
No street, road or paved area constructed, reconstructed or repaved within five (5) years of the time that the road is sealed, other than a planned development approved by the Planning Board of the Borough or other regulatory authority, can be excavated, built or patched except in the case of emergency, which includes but is not limited to gas leaks, water main leaks and sewer breaks.
[1982 § 192-3E; Ord. No. 1448-56-15]
Certification of all underground facilities having been previously located and marked using standard color codes for gas, water and other utilities. Certification must indicate marking authorization number. Final line striping and pavement markings must be restored immediately to original or better condition. The standard for the Borough of Little Ferry for line striping and traffic markings is the application of 6-inch minimum width hot extruded thermoplastic.
[1982 Code § 192-4; Ord. No. 1099-6-03 § 192-4; Ord. No. 1448-56-15]
a. 
Form.
1. 
Application for a permit shall comply with the "Borough of Little Ferry, Department of Public Works Operations Road Opening Permit Policy Requirements" and shall be made in writing on forms prescribed by the Superintendent of the Department of Public Works and issued by the Building Department and shall be filed at least one (1) week prior to the commencement of any work unless it is an emergency. The application shall specify the name and address of the applicant; the specific location of the proposed excavation and the width, length and depth thereof; the type of road or other surface; and the individual(s), firm or corporation for whose benefit the excavation is to be made and shall be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided, together with the charges as hereinafter set forth.
2. 
Applications for extensive openings shall require, in addition to the above, information regarding:
(a) 
All improvements.
(b) 
Typical details and sections of construction procedure.
(c) 
Plans, profiles and other details necessary to accurately depict the work.
3. 
No work may commence by the permittee until the date set forth in the issued permit.
b. 
Emergency Road Opening.
1. 
In the event that an emergency condition exists requiring immediate action by any person, firm or corporation required to obtain a permit pursuant to this section, the person may immediately cause the roadway to be entered and emergency measures taken without first obtaining a permit, provided that:
(a) 
A true emergency exists and the person(s) doing the work notifies the Little Ferry Police Department prior to start of work; the Police Department shall log the emergency.
(b) 
A permit is applied for within twenty-four (24) hours of the road opening or on the next business day, whichever is more practical.
(c) 
All work is performed in accordance with the provisions of subsections 23-1.9, 23-1.10, 23-1.11 and 23-1.12.
(d) 
The Superintendent of the Department of Public Works or the Borough Engineer shall be notified within twenty-four (24) hours of a road opening. If a road opening commences on a Saturday or Sunday as a result of emergency road work, the Police Department of the Borough shall be notified prior to start of work, and the Superintendent of the Department of Public Works or Borough Engineer shall be notified on the morning of the first business day thereafter.
(e) 
In the event of an emergency opening, the person, company, or utility shall apply for a permit no later than the next business day. Any opening that is found without a permit issued will be subject to a one thousand ($1,000.00) dollar application fee and a seventy-five ($75.00) dollar inspection fee. No exceptions.
2. 
The Borough reserves the right to issue a written stop work order where same is deemed appropriate by the Superintendent of the Department of Public Works or Borough Engineer.
c. 
Review of the Application of Small Openings. Prior to the issuance of a permit, copies of the application therefor shall be referred to the Superintendent of the Department of Public Works or the Borough Engineer who shall, within five (5) working days, note any objections to the issuance of a permit or any conditions which shall be satisfied prior to or be imposed as conditions upon the issuance of the permit, as appropriate.
d. 
Applicant. The applicant must be a licensed contractor or agent of a public utility, whether corporate, individual or partnership, who will be actually engaged in the performance of the work to ensure the safety of the public and that the work is done in accordance with Borough specifications. The application shall be made for and on the behalf of the owner for whom such work is being done and shall be countersigned by such owner. Permits will not be issued directly to private owners or developers without specific written approval of the Mayor and Borough Council.
e. 
Agreement. Except where otherwise provided by law, the owner shall agree, as a condition of the issuance of a permit, that any facilities, pipes or poles or other object(s) to be installed within the Borough right-of-way pursuant to the permit shall be promptly relocated at the owner's expense, except where otherwise provided by law, as required by the Borough of Little Ferry, to accommodate the installation of Borough facilities. Such agreement shall be in writing and contained on the face of the application form and permit.
f. 
Review of Application for Small and Extensive Openings. All small and extensive openings shall first be reviewed and approved by the Superintendent of the Department of Public Works, and extensive openings shall subsequently be reviewed and approved by the Borough Engineer prior to the issuance of a permit.
g. 
Issuance. Street opening permits shall be issued by the Building Department once reviewed and approved as provided for herein; provided, however, that no permit shall be issued until an application fee and an engineering fee, both of which are nonrefundable, have been paid to the Building Department.
[1982 Code §§ 192-3E, 192-5; Ord. No. 1448-56-15]
a. 
Generally. The New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction, with all amendments and supplements, shall govern all of the work performed under Borough of Little Ferry road opening permits, except as supplemented below.
1. 
No Borough road shall be closed to traffic without prior written consent of the Police Department. In the event that a road is closed, uniformed police may be required to act as traffic directors. Maintenance and protection of pedestrian and traffic control is the responsibility of the applicant and must conform to NJDOT and MUTCD standards along with the requirements of the local municipality. All costs of providing uniformed police shall be the responsibility of the permittee or the owners. In the event that a detour is deemed necessary by the permittee, application shall be made to the Chief of Police, who shall determine the necessity for such detour and the route to be followed. In emergency situations, notification by phone to the Police Department shall be done prior to start of work.
2. 
Any work under an issued permit must be commenced within three (3) months from the date of issue and completed forty-five (45) days from commencement, or the permit shall be deemed void, and reapplication shall be required.
3. 
With the exception of emergencies and weather permitting, work commenced under a permit shall be continued without interruption during normal working hours until completed.
The Borough reserves the right for "emergency" road openings to permit work to be undertaken upon a "24/7" basis.
4. 
The applicant shall notify the Borough Clerk; Police Chief and the Superintendent of the Department of Public Works or the Borough Engineer forty-eight (48) hours in advance of the actual commencement of any work under a permit.
5. 
The existing pavement must be cut with a compressor, wet saw, or an approved mechanical cutting device, in a straight line and to the full depth of pavement before excavation. All Borough storm drains and catch basins will be protected at all times. Any damage will be repaired by the applicant at his expense.
6. 
All fill removed from trench is to be discarded by applicant. The trench must be of suitable width to obtain proper mechanical compaction. All backfill is to be done with quarry process stone Type 1-5 or DGA, or other suitable material if approved by the Borough Engineer, for the full depth of the trench. First lift of fill, twelve (12) inches above pipe, shall be compacted using a Jumping Jack or Vibratory Tamper. Successive lifts shall be compacted by mechanical means such as tamping, vibrating or rolling. A vibra plate tamper is not acceptable.
7. 
For bituminous concrete roadways, upon completion of the proper backfill, a compacted 10-inch layer of bituminous concrete stabilized Base mix 1-2 shall be utilized in lifts of no more than three (3) inches (compacted thickness) in all trench areas.
For concrete roadways, upon completion of the upon completion of the proper backfill, pavement shall be restored utilizing ten (10) inches of Class B concrete with double wire reinforcing.
The specific requirements relative to the restoration of concrete roadways is covered in subsection 23-1.12; Construction Specifications, of this section.
For both bituminous concrete and concrete roadways, the top surface shall be flush with the adjacent pavement and be uniformly contoured to the existing surrounding surface.
For concrete roadways, the concrete material shall be "plated" in accordance with the requirements of this section for a 28-day period to assure proper curing.
If "High Early" concrete is utilized, the excavation shall be "plated" for a minimum of fourteen (14) days.
Under the provisions of this section, to assure proper curing, prior to the possibility of the Borough needing to apply de-icing materials, concrete may not be installed after October 20th.
Should a roadway opening be made after that date, the pavement shall be restored using ten (10) inches of bituminous concrete stabilized Base Mix 1-2 installed in accordance with the provisions of this section.
The bituminous concrete stabilized based pavement shall be removed after April 1st of the subsequent calendar year and standard concrete pavement installed.
8. 
Applicant must install and maintain temporary line striping and pavement markings.
9. 
The applicant further agrees to keep the trench filled to the level of surrounding pavement until settlement has ceased. Little Ferry shall be held harmless in any and all accidents arising out of trench defects.
10. 
(a) 
After the Superintendent of Public Works has determined that the excavation has had a sufficient time period for settlement, final restoration will be undertaken using two (2) inches (compacted thickness) of bituminous concrete surface course Mix 1-5 to be placed over the entire area of stabilized base as determined by this office. The surface pavement shall be "infra-redded" to assure a seamless transition between existing pavement and the road opening.
(b) 
The resulting milled surface shall then be swept and tack coat material applied before the two (2) inch compacted surface course is laid. This course shall be thoroughly compacted flush with the surrounding surface by vibratory rolling and be uniformly contoured to the adjacent pavement.
(c) 
When using infrared resurfacing application, all stabilized base material in the road opening plus a minimum of twelve (12) inches surrounding the edge of the opening require heating and raking to a depth of one (1) inch. All raked material to be discarded and replaced by fresh hot FABC top mix.
(d) 
All manhole frames and covers installed within the pavement area shall be set to finished grade. Any scaring or road damage to any other part of a Borough roadway caused by this permit shall be repaired as per the above conditions.
11. 
When necessary to cross over, or under existing bridges or culverts under the jurisdiction of the County, no work whatsoever shall be performed until the Borough engineer has approved filed plans. There shall be a minimum of twelve (12) inches separation between the Borough drainage system and the utility line.
12. 
The Borough requires an extended maintenance period of up to two (2) years after permanent restoration and an additional maintenance bond depending upon the nature of the work involved. This additional obligation will be released upon completion and acceptance of the work by the Borough. The maintenance bond shall be executed by the permittee as principal and Surety Company licensed to do business in the State of New Jersey as surety.
13. 
No road opening permit will be issued between November 15th and March 15th unless an emergency exists. In the event an emergency exists and a permit is issued during this period, the applicant, by accepting this permit, assumes all responsibility for the safe maintenance of said opening and further assumes all liability for damages resulting from or any way connected to this project.
14. 
The use of steel plates on Borough roadways between November 15th and March 15th is prohibited. All steel plates that are installed on Borough roadways are to be countersunk, pinned, and ramped.
15. 
Applicant is responsible for complete and total restoration of opening and surrounding roadway for a period of up to two (2) years after permanent paving. There are no exceptions. All escrow monies and bonds will be released at that time when all workmanship connected with this project is deemed acceptable.
16. 
Certification of all underground facilities having been previously located and marked using standard color codes for gas, water and other utilities. Certification must indicate marking authorization number. Final line striping and pavement markings must be restored immediately to original or better condition. The standard for the Borough of Little Ferry for line striping and traffic markings is the application of 6-inch minimum width hot extruded thermoplastic.
17. 
Additional Extensive Road Opening Requirements.
(a) 
Permanent pavement will be milled and paved from curb line to yellow center line from start to finish. If laterals are one hundred (100) feet apart or less, the entire road shall be milled and paved from curb to curb start to finish. Laterals that are more than one hundred (100) feet apart shall have infrared paving repairs.
(b) 
Traffic lines with thermoplastic glass beads must be replaced.
(c) 
Backfill quarry process with dust shall be compacted every ten (10) inches by mechanical vibratory compactor. The utility company/contractor shall be responsible for a period of two (2) years to make repairs related to any settlement.
(d) 
Before crossing over, or under existing bridges, drainage structures or culverts under Borough jurisdiction, the applicant must notify the Borough and no work whatsoever shall be performed until the Borough Engineer has approved filed plans. (Every effort must be made to have a minimum separation of twelve (12) inches between the outside of your pipes and our drainage structures).
b. 
Guard. The applicant shall keep the work site properly guarded both day and night and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices placed thereat and maintained throughout the performance of the work and shall interfere as little as possible with traffic along the street or road within the Borough, and only that part of any such street or road as is set forth in the permit shall be opened.
c. 
Minimum Cover. All utilities shall be constructed with a minimum cover as shown in Table I set forth below to provide protection for the utilities in the event that future Borough road construction, repair or modification necessitates excavation, undercutting or installation of facilities in the area where the utility is located. This location will in no way relieve the utility owner of the responsibility of relocating the utility at the utility owner's expense in case of conflict with future construction, reconstruction or modification of related facilities, except as otherwise specified herein. The aforementioned minimum cover may be waived by the Superintendent of Public Works or Borough Engineer if the applicant prepares and files certified plans indicating the location, extent and depth of the facilities and the plans are approved by the Superintendent of Public Works or Borough Engineer. This subsection shall apply only to new construction.
Table I
Utility Designation
Minimum Cover*
(inches)
Cable television
18
Electric
18
Gas
30
Telephone
18
Water
48
*NOTE: Measured from top of pipe, conduit, duct or cable to finished pavement or ground surface.
d. 
Protection of Existing Structures. It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person, firm or corporation whose pipe, conduits or other structures are laid in the portion of the street to be opened. The notice shall be given to all utilities by calling the One-Call Damage Prevention System at telephone number 1/800/272-1000 as provided by law, and the permittee shall restore same, at his own expense, to the condition it was in prior to commencement of work.
e. 
All excavations shall be completely backfilled at the end of each working day unless it would constitute a hardship to the permittee or where the size of the excavation makes it impossible to backfill at the end of each working day, in which event a waiver may be granted by the Superintendent of Public Works or Borough Engineer. In the event that a waiver is granted, the contractor or owner shall cover the excavation with heavy one (1) inch thick plates secured to existing pavement to prevent rattles and movement and erect appropriate barriers and lights around the entire excavation and arrange to provide appropriate security protection, if such security is necessary, at his own cost, and such other safeguards as may be needed to protect the public from an open excavation. If plates are placed for over a weekend or for an extended period, all edges are to be macadam-sealed and sloped. In no event shall an excavation be left open for more than seventy-two (72) hours unless an emergency exists and permission has been secured from the Chief of Police, Superintendent of the Department of Public Works, Borough Engineer or their designated representatives.
[1982 Code § 192-6; Ord. No. 1448-56-15]
a. 
The permittee shall be liable for any damage to the roadway leading to or adjacent to the work site.
b. 
The permittee shall, on a continuing basis, maintain all streets and other property affected by the construction in a clean condition free from all rubbish, excess earth, rock and other debris. Upon completion of all work under the permit, the permittee shall again clean the affected property and remove all debris and unused material. In the event that the permittee fails to act as provided herein, the Borough, upon twenty-four (24) hours' notice to the permittee, may clean and remove all rubbish, excess earth, rock, debris and unused material and charge the permittee the cost thereof. If the permittee fails to reimburse the Borough for the costs incurred, the costs shall be deducted from the permittee's deposit held by the Borough Clerk.
[1982 Code § 192-7; Ord. No. 1448-56-15]
The Superintendent of Public Works or Borough Engineer shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with the conditions imposed on the issuance of the permit and the specifications. The Borough may, upon the recommendation of either of them:
a. 
Order a temporary stop to any road opening.
b. 
Order that the applicant perform or correct work in accordance with the directions of the Borough.
c. 
Order a stop to any work and revoke the permit, in which event the Borough of Little Ferry shall complete the work, or cause it to be completed, and either declare the applicant's deposit forfeited or notify the applicant's surety of an intent to file claim on the bond.
d. 
Authorize the correction of any work after notification to the permittee and after the neglect or the refusal of the permittee to make such corrections within twenty-four (24) hours and, after the completion of same, either declare the permittee's deposit forfeited or notify the permittee's surety of an intent to file a claim on the bond.
e. 
Take any other action deemed reasonable under the circumstances to protect the Borough's interests.
[1982 Code § 192-8; New; Ord. No. 1448-56-15]
No road opening shall be permanently paved until a final inspection has been made by the Borough Engineer or Superintendent of the Department of Public Works and final approval given.
a. 
For all openings:
1. 
The paved roadway surfaces shall be saw-cut or blade-cut vertically on a straight line with approved pneumatic equipment before excavating.
2. 
The material excavated from the trench opening shall not be replaced as backfill unless expressly authorized by the Superintendent of the Department of Public Works or Borough Engineer. Excavated materials must be removed from the work site the day of excavation.
3. 
The backfill of dense graded aggregated or bank run sand, where permitted, shall be furnished from outside sources.
4. 
The uncompleted length of road opening allowed under a permit at any one time shall not exceed fifty (50) linear feet unless a special need can be established by the permittee and approval to exceed this limitation is secured from the Superintendent of the Department of Public Works or Borough Engineer. Such special need shall be noted in writing to the Superintendent of the Department of Public Works or Borough Engineer before such permission is granted, except in unusual cases and/or emergencies. In that event, such special need shall be documented in writing after approval is granted.
5. 
Where existing manholes are located in the shoulder areas, a minimum of two (2) inches (compacted thickness) of Hot Mix Asphalt Surface Pavement, Mix I-5 shall be placed for eight (8) feet on both sides of the manhole casting on four (4) inches of compacted dense graded aggregate stone sub-base. The width of the Hot Mix Asphalt Pavement Mix #I-5, shall vary to the dimensions of the existing shoulder.
6. 
All backfill shall be placed in six (6) inch layers, with each layer thoroughly compacted by mechanical means to the satisfaction of the Superintendent of the Department of Public Works or Borough Engineer. The Superintendent or Borough Engineer shall have the right to require a compaction test to be performed by an independent laboratory at the expense of the permittee.
7. 
After proper compaction and cutback of the road, the entire width of the trench plus a four (4) inch overlap shall be paved with the temporary pavement.
b. 
Asphalt Pavement Openings.
1. 
For openings in bituminous concrete or penetration macadam pavements, backfill material shall be deposited in one (1) foot layers and thoroughly compacted to a level twelve (12) inches below the surface level of the adjacent paved surfaces. The opening shall be cut back six (6) inches beyond the edges of the trench opening. The sub-base course shall be dense graded aggregate four (4) inches compacted thickness. The base course shall be Hot Mix Asphalt Mix I-2 (stabilized base six (6) inches thick (compacted thickness) placed in three (3) lifts. The surface course shall be two (2) inches (compacted thickness) of Hot Mix Asphalt Surface Pavement Mix I-5 with all joints between the existing pavement and the bituminous concrete surface course to be sealed with a tack coat.
2. 
When road openings are in sequence or are within three (3) feet of another opening, the surface area of the combined openings will be paved to form one (1) continuous surface. The surface course shall be two (2) inches (compact thickness) of Hot Mix Asphalt Surface Pavement, Mix I-5 with all joints between the existing pavement and the bituminous concrete surface course shall be sealed with a tack coat.
3. 
The temporary pavement shall consist of four (4) inches (compacted thickness) dense graded aggregate sub-base and the Hot Mix Asphalt Pavement Mix I-2 (stabilized base) course described herein.
The temporary pavement shall be placed and compacted one (1) inch below the finished surface of the existing pavement and shall be maintained at this level by the permittee by the addition of Hot Mix Asphalt Surface Pavement, Mix I-5 until final settlement has occurred. After the Borough Engineer and/or Superintendent of Public Works has determined that final settlement has occurred, the pavement shall be completed by the placing and compaction of additional Hot Mix Asphalt Surface Pavement, Mix I-5, level with the existing pavement. Prior to placing the additional Hot Mix Asphalt Pavement, the pavement shall have "tack" applied.
c. 
Concrete Pavement Surface Openings. For all openings in concrete surfaces, the trench backfill shall be compacted in one (1) foot layers to a level four (4) inches below the top of the adjacent paved surface. The openings shall be cut back six (6) inches beyond the edges of the trench opening. Four (4) inch (compacted thickness) of Hot Mix Asphalt Pavement Mix I-2 (stabilized base) temporary pavement shall then be placed in two (2) inch lifts, compacted level with the existing pavement and shall be maintained by the permittee to a pavement, level with the existing pavement by adding additional Hot Mix Asphalt Pavement material until final settlement has occurred. After the Borough Engineer and/or Superintendent of Public Works have determined that final settlement has occurred, the temporary Hot Mix Asphalt Pavement shall be removed and the opening excavated to a depth of ten (10) inches and a pavement of Class "B" concrete, ten (10) inches in depth shall be constructed level with the existing pavement surface. The Class "B" concrete pavement shall be reinforced with a double level of 6 x 6, No. 6 gauge wire mesh reinforcing and shall be placed in the opening and extend fully into the cutback shelf. The "bottom" wire reinforcing shall be set eight (8) inches from the roadway surface. The "upper" reinforcing shall be set two (2) inches from the pavement surface.
The concrete pavement shall be "finished" to "match" the roadway surface or with a "broom" finish as directed by the Borough Engineer or Superintendent of Public Works.
After the concrete has been placed and if the roadway is to be opened to traffic prior to full "curing" of the concrete pavement, the roadway shall be "plated" with standard highway plates capable of supporting H20 loading. The plate shall extend a minimum of six (6) inches beyond the limits of the new concrete pavement. The plates shall be secured and installed in accordance with current New Jersey Department of Transportation specifications including temporary ramping and shall remain in place for a minimum of twenty-eight (28) days to permit curing of the concrete.
If "high early" concrete is utilized, the plates shall remain in place a minimum of fourteen (14) days.
d. 
Nonpaved Area. All grass or graveled area or sidewalk areas disturbed within the Borough right-of-way shall be reconstructed, topsoiled, seeded and mulched within fourteen (14) days of completion of excavation. All concrete areas will be thoroughly compacted. These limits may be waived by the Superintendent of the Department of Public Works or the Borough Engineer only when abnormal temperatures or inclement weather necessitates the same.
e. 
All work shall be guaranteed for a period of twelve (12) months.
f. 
Openings Undertaken Within Five Years of Resurfacing. If a utility opening is undertaken less than five (5) years after a roadway has been resurfaced, the utility shall be required to profile and resurface that portion of the roadway deemed necessary by the Borough Engineer and/or Superintendent of Public Works.
g. 
All roadway excavations shall be "sawcut."
h. 
Roadway openings shall be restored using infrared pavement restoration.
[1982 Code § 192-9; Ord. No. 1099-6-03 § 192-9; Ord. No. 1448-56-15]
a. 
Insurance. The applicant shall present evidence satisfactory to the Borough Attorney or Risk Manager of insurance sufficient to indemnify and save harmless the Borough, its agents and servants against and from all suits and costs of every kind and from all personal injury or property damage resulting from negligence or from any phase of operations performed under the permit.
b. 
The minimum policy limit of such insurance shall be as follows:
1. 
Bodily injury liability coverage with limits of not less than one million ($1,000,000.00) dollars for bodily injury, including accidental death, to any one person, and subject to that limit for each person, in an amount not less than one million ($1,000,000.00) dollars for each accident; and property damage coverage in the amount of not less than five hundred thousand ($500,000.00) dollars for each accident;
2. 
One (1) person in any one accident — amount of one million ($1,000,000.00) dollars;
3. 
Two (2) or more persons in any one accident — amount of three hundred thousand ($300,000.00) dollars; and
4. 
Property damage in any one accident — amount of five hundred thousand ($500,000.00) dollars with aggregate property damage limit of one million ($1,000,000.00) dollars.
c. 
Where there is an extensive opening, the Superintendent of the Department of Public Works or the Borough Engineer may request additional insurance if it is deemed necessary under the circumstances.
d. 
Security.
1. 
The Building Department shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Little Ferry or filed a bond with a surety satisfactory to the Borough Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in subsection 23-1.14 for the work to be performed.
2. 
A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least twenty thousand ($20,000.00) dollars. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in subsection 23-1.14 exceeds the twenty thousand ($20,000.00) dollars the public utility applicant shall file a surety bond in an amount equal to the difference between the twenty thousand ($20,000.00) dollars and the required security deposit. For all nonpublic utility applicants, the surety bond shall be at least one thousand ($1,000.00) dollars. A certified check for a lesser amount may be deposited, however, in the amount provided by subsection 23-1.14 for the work to be performed.
3. 
Upon satisfactory completion of all work permitted or required under the permit for extensive openings, if the security deposit is two thousand ($2,000.00) dollars or less, the Borough of Little Ferry will retain one hundred (100%) percent of the security deposit as security for maintenance of the work for a period not to exceed one (1) year from the date of completion, provided that if the security deposit is in the form of a certified check, the permittee may deposit a surety bond of two thousand ($2,000.00) dollars satisfactory to the Borough Attorney in lieu of the certified check. If the security deposit is greater than two thousand ($2,000.00) dollars, then the Borough will release or refund sixty (60%) percent or more of the same with the approval of the Superintendent of the Department of Public Works or Borough Engineer, and the surety bond will be deposited for the maintenance as set forth above. All bonds and certificates of insurance shall contain a provision that the same shall remain in full force and effect for a period not to exceed one (1) year after the last work under any permit has been completed and accepted by the Borough.
4. 
In the case of a small opening, the Borough shall retain the security deposit for six (6) months after satisfactory completion of all work permitted or required under the permit, provided that if the security deposit is in the form of a certified check, the permittee may deposit a security bond in lieu of the check.
e. 
Application Fee and Escrow Deposit.
1. 
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in subsection 23-1.14. Applications other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in subsection 23-1.14. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, the fund shall be subject to increase on demand of the Building Department.
2. 
The Borough shall pay from the escrow deposit fee any costs incurred by its designated representatives or professional consultants for inspection or other engineering services or legal fees required in connection with the proposed opening or excavation at the rate established.
[1982 Code § 192-10; Ord. No. 1099-6-03 § 192-10; Ord. No. 1448-56-15]
Fees shall be as follows:
a. 
Application Fee, Nonrefundable (Other Than Public Utilities).
1. 
Road Opening:
(a) 
Width of road opening.
(1) 
Two hundred fifty ($250.00) dollars for one-half (1/2) the width of the road being opened.
(2) 
Five hundred ($500.00) dollars for the full width of the road being opened.
(b) 
Length of road opening.
(1) 
Five ($5.00) dollars per linear foot.
(c) 
From twenty-five (25) linear feet to fifty (50) linear feet by three (3) feet wide: an additional forty ($40.00) dollars.
(d) 
Extensive openings: seventy-five ($75.00) dollars.
2. 
Boring, tunneling or driving under road: lump sum minimum of seventy-five ($75.00) dollars.
3. 
Curb, gutter, apron, sidewalk or driveway: lump sum of fifteen ($15.00) dollars when affected by excavation.
4. 
Application fees shall be accumulated in one (1) account for each public utility, and the funds can be utilized for the payment of expenses incurred by the Borough for any work performed for the permittee without restriction as to which application the funds were originally posted for.
5. 
In lieu of individual application fees, public utilities may pay fees of two hundred fifty ($250.00) dollars.
b. 
Application Fee, (Utilities).
1. 
Road Opening: Public utilities shall pay an annual flat fee of two thousand five hundred ($2,500.00) dollars per year, on or before January 15th of each year, beginning January 1, 2004 and thereafter.
c. 
Security deposit fee for guaranteeing restoration, pavement curbing or topsoil:
1. 
Opening paved area, curb, gutter, sidewalk or driveway:
(a) 
Base charge: twenty-five ($25.00) dollars.
(b) 
Charge for each square yard of trench opened: fifteen ($15.00) dollars.
(c) 
Charge for each square yard of paving: five ($5.00) dollars.
(d) 
Charge for each linear foot of curb: seven ($7.00) dollars.
2. 
Opening shoulders and roadside areas:
(a) 
Base charge: twenty-five ($25.00) dollars.
(b) 
Charge for each square yard of trench opened: five ($5.00) dollars.
3. 
Boring, tunneling or driving under the road:
(a) 
Base charge: twenty-five ($25.00) dollars.
(b) 
Charge per linear foot of boring: one ($1.00) dollar.
d. 
Escrow Deposit Fee for Engineering and Legal Costs.
1. 
All road openings, excavations, borings and other work as stated on the permit application:
The minimum escrow amount shall be $2,500.00.
2. 
Actual payment from the escrow deposit fee fund shall be based upon the following rates:
(a) 
Professional engineering services: To be billed at the current hourly rate of the Borough Engineer.
(b) 
Attorney: minimum fee of ninety-five ($95.00) dollars per hour.
(c) 
An inspection fee of two hundred twenty-five ($225.00) dollars covering a minimum of three (3) inspections, seventy-five ($75.00) dollars per hour will be charged for any additional inspections).
[1982 Code § 192-11; Ord. No. 1099-6-03 § 192-11; Ord. No. 1448-56-15]
Upon the completion of any such work, the Superintendent of the Department of Public Works or Borough Engineer shall file a report on a form to be furnished for that purpose, which report shall contain the date of completion, the amount of deposit, the cost to the Borough for resurfacing the area so excavated or opened, if the same shall have been necessary, and the balance, if any, due to the applicant. Upon receipt of the report by the Building Department, the balance due, if any, to the applicant on account of any deposit shall be forthwith returned.
[1982 Code § 102-11.1; New; Ord. No. 1448-56-15]
Any person, who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the Borough Clerk to do so, each day that such pavements, roads or streets remain unrestored shall constitute a separate offense.
[1982 Code § 192-16]
Any new curb or sidewalk constructed after the passage of this section or any present curb or sidewalk repaired to an extent of twenty-five (25%) percent of the length thereof on any one (1) property shall conform to the specifications as hereinafter provided.
[1982 Code § 192-17]
a. 
New sidewalks shall be constructed of concrete.
b. 
Concrete sidewalks shall be at least four (4) feet wide and four (4) inches thick, except at a point of vehicular crossing, where the minimum thickness shall be six (6) inches.
c. 
Sidewalks shall have a pitch of not less than one-fourth (1/4) inch nor more than one-half (1/2) inch per foot to the curb.
d. 
In the case of concrete sidewalks, cut joints shall be left every five (5) feet, and preformed expansion joints shall be installed between curb and sidewalk, between curb and driveway aprons and between sidewalk and abutting building.
e. 
Location.
1. 
The center line of the constructed sidewalks in residential streets at right angles from the respective street lines shall:
(a) 
Be five (5) feet for fifty-foot rights-of-way.
(b) 
Be four (4) feet for forty-foot rights-of-way.
(c) 
Be two and one-half (2 1/2) feet for thirty-three-foot rights-of-way.
(d) 
Comply with existing sidewalk locations where applicable.
2. 
In front of a place of business, the sidewalk shall be constructed from the curb to the property line. Concrete sidewalks shall be blocked in squares of not less than five (5) feet, and these squares shall be constructed with a cut joint.
f. 
All edges shall be neatly rounded to one-fourth (1/4) inch.
g. 
The finish shall be made with a wood float followed by brushing with a wet soft-hair brush to a neat and workmanlike surface.
h. 
Handicap ramps shall be provided at all intersections and other areas of expected pedestrian crossing.
[1982 Code § 192-18]
a. 
Materials.
1. 
Walks shall be of portland cement concrete. Concrete shall be Class B. Where ordered by the Borough Engineer, test samples shall be taken by a testing laboratory at the cost of the owner. Concrete failing the required strength standards shall be removed and replaced. The Borough Engineer shall be given forty-eight (48) hours' advance notice of any concrete pours.
2. 
The contractor will be required to supply affidavits for each load of transit-mix concrete, guaranteeing the contents as complying with these specifications.
b. 
Constructions.
1. 
Forms shall be removed in sufficient time to allow the proper finish of the concrete surface. Plastering will not be permitted. Voids showing anywhere in the concrete must be eliminated by rubbing with a Carborundum stone, or in the manner satisfactory to the Borough Engineer, or the section of the sidewalk replaced at the contractor's expense.
2. 
The concrete shall be placed in the forms for the full thickness of the pavement in the one (1) course type. No topping or plastering shall be permitted.
3. 
All concrete shall be air-entrained and the material for concrete and the materials and methods used for air entrainment shall be as specified in Section 605.02 of the 1983 New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended.
4. 
Immediately after the final finishing of the concrete, the contractor shall apply clear liquid curing compound by means of a pressure spray, forming a continuous uniform film on the entire exposed surface of the concrete. The rate of spray shall be no less than one (1) gallon per one hundred fifty (150) square feet of surface, or as directed by the Borough Engineer.
5. 
No concrete shall be mixed or poured when the temperature is thirty-two degrees Fahrenheit (32° F.) or less. The contractor shall protect all concrete from freezing until at least five (5) days old. No concrete shall be laid upon frozen earth. Any concrete poured when the temperature is between forty degrees and thirty-two degrees Fahrenheit (40° and 32° F.) shall be protected by the addition of an antifreeze mixture approved as to type and quality by the Borough Engineer.
[1982 Code § 192-19]
a. 
All curbs shall be constructed of concrete of the one (1) course type and of the same ingredients and mixture as provided for in this section. The surface of the concrete shall have the trowel finish. The outer edge of the top of curb shall be finished with an edging tool having a one (1) inch radius.
b. 
Curb forms must be removed soon enough to afford the proper finishing. The face of the curbs shall be finished for at least twelve (12) inches below the top. No topping or plastering shall be permitted.
c. 
Notwithstanding the requirements of paragraphs a and b above, the Borough Engineer, in his discretion, may determine that curb construction must be modified or that curbs will not be constructed, provided that he finds that the existing grade of a street, in conjunction with the new proposed curb, will create a poor drainage condition.
d. 
Whenever new sidewalks and/or curbs are being constructed pursuant to this section on a street on which the improved (paved) width is narrower than the prescribed width so that a strip of the unimproved street would exist between the edge of the paved street and the new curb, the Borough Engineer will require the owners or owner of the premises to improve the street for the prescribed width, the improvement to be accomplished in accordance with Borough specifications.
e. 
The curbs shall be six (6) inches in thickness at the top and nine (9) inches in thickness at the base and shall be at least twenty (20) inches in depth.
f. 
Expansion joints at least one-fourth (1/4) inch in width shall be cut not over ten (10) feet apart for the full width and depth of the curb. About every thirty (30) feet, a tar filler one-half (1/2) inch in thickness shall be fitted.
g. 
Excess concrete extending over the thickness of the curb at the top is to be removed, leaving a straight line along the inner edge of the curb.
[1982 Code § 192-20]
a. 
Whenever the Borough, Planning Board or Board of Adjustment is considering a subdivision or site plan, the owners or owner of the premises shall construct sidewalks and curbs in accordance with the specifications as set forth below.
b. 
Whenever the Construction Official is reviewing an application for a building permit for a one-family or two-family house or building or structure exempt from site plan review, the owner of the premises for which the building permit is sought shall construct sidewalks and curbs in accordance with the specifications set forth herein as a condition of the issuance of the building permit.
[1982 Code § 192-21]
Whenever it has been determined by the Mayor and Borough Council by resolution that certain existing sidewalks on the public streets of the Borough are in need of repair, maintenance or replacement, such work shall be done by the property owners abutting the sidewalks at the property owners' sole cost and expense. When sidewalks are to be replaced, they shall be replaced with a minimum of four (4) inches of bituminous concrete stabilized base Mix No. I-2 and two (2) inches of bituminous concrete surface course Mix No. I-5, materials conforming to Sections 903, 904.02 and 904.03 of the 1983 New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and subsequent amendments thereto. The method of construction of the bituminous concrete should conform to Section 404 of the 1983 New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and subsequent amendments thereto.
[1982 Code § 192-22]
All corners shall be rounded with a fifteen (15) foot radius unless otherwise ordered by the Borough Engineer. All curbs and sidewalks lying within the intersection of the sidelines of intersecting streets will be paved by the adjoining landowner upon certificate as to the location and measurements by the Borough Engineer.
[1982 Code § 192-23]
All driveways shall slope from a grade of the outer edge of the paved portion of the sidewalk to the gutter; driveways, ramps and sidewalks crossed by driveways are to be constructed of six (6) inches of concrete.
[1982 Code § 192-24]
The earth excavation necessary for the construction for sidewalks and curbs shall be disposed of by the property owners.
[1982 Code § 192-25; Ord. No. 1037-24-00]
a. 
Upon the adoption of the resolution as set forth in subsection 23-2.6 above, the Mayor and Borough Council shall cause a notice of the required improvement to be served upon the property owner or owners in accordance with N.J.S.A. 40:65-2 et seq. and N.J.S.A. 40:65-14. The notice shall be accompanied by a duly certified copy of the resolution.
b. 
Thereafter, should each property owner fail to comply with the terms of the notice within the time period prescribed by the statute, then, in accordance with N.J.S.A. 40:65-8 et seq. and N.J.S.A. 40:65-14, the Borough may proceed to make the improvement, and the cost of the same shall be and become a lien upon the property so affected in accordance with the statutes.
[1982 Code § 192-26]
All curbs and sidewalks shall be laid at the established grade and in conformity with the plate for such respective street or section thereof, the plates to be on file at the Borough Clerk's office and Borough Engineer's office.
[1982 Code § 192-27]
a. 
Notwithstanding any revisions of this section, where the owner or owners of land are required to make improvements pursuant to this section, prior to putting in the permanent improvement, the owner or owners of land shall be required to secure the approval of the Borough Engineer of the proposed line and grade. The property owner shall be responsible for the Borough Engineer's fee for the review and/or inspection related to the putting in of the permanent improvement.
b. 
At the request of the property owner, the line and grade may be furnished by the Borough Engineer, the cost of the Borough Engineer's services to be paid by the property owner.
c. 
In all cases, the Borough Engineer, upon notification, shall be required to submit an estimate for services required to be rendered pursuant to the provisions of this section. The property owner shall be required, upon receipt of that estimate for services, to post that sum with the Borough Treasurer prior to the Borough Engineer's furnishing the line and grade. The Borough Treasurer shall make the payment to the Borough Engineer only upon the submission of an itemized voucher for services rendered. A copy of that voucher shall be sent to the property owner. Any sum for services rendered in excess of the escrow deposit shall be paid by the property owner upon notice. If the fee for professional services rendered is less than the escrow deposit, the Borough Treasurer shall reimburse the amount remaining to the property owner. The Borough Engineer's fees shall be in accordance with that schedule of fees for professional services filed with the Borough of Little Ferry.
[1982 Code § 192-28]
Prior to the work of laying any curb or sidewalk or repair which exceeds twenty-five (25%) percent of the total length of the curb or sidewalk on any one (1) property, a permit shall be obtained from the Construction Official. The permit shall expire ninety (90) days from the date of issuance thereof.
[1982 Code § 192-29]
There shall be paid for each permit for doing such work the sum of twenty-five ($25.00) dollars, and such permit shall state the location of the proposed work and the names of the owner and the contractor. No person shall do any work without a permit as herein required.
[1982 Code § 192-30]
The construction, repair, maintenance or replacement of sidewalks and curbs and the materials used therein shall be directly under the direction of the Borough Engineer or his designee and finished to the satisfaction of the Borough Engineer.
[1982 Code § 192-31]
All work performed and materials furnished which do not comply with the requirements herein shall be repaired or replaced as ordered by the Borough Engineer. When defective work is ordered repaired, the method and manner of making the repairs shall be satisfactory to the Borough Engineer. If the work is not started within five (5) days, it may be done by the Borough, and the cost of such repairs or replacements will be assessed against the property.
[1982 Code § 192-32]
In case the topography of the land is so unusual that the streets, curbs and sidewalks as herein provided for cannot be built in accordance with the specifications herein, then the specifications shall be prepared by the Borough Engineer in accordance with standard engineering practices.
[1982 Code § 192-33; New]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: For additional regulations concerning property maintenance, see Chapter 18.
[1982 Code § 192-12; Ord. No. 1316-01-11]
All owners, tenants or occupants of lands abutting upon the sidewalks of public streets or public places in the Borough shall remove or cause to be removed from the sidewalks in front of or abutting the lands all snow and ice within twenty-four (24) hours after the termination of the weather event. In the event where a state of emergency has been declared by the Federal government or State of New Jersey, all snow and ice shall; be removed within forty-eight (48) hours.
[1982 Code § 192-13]
In case the owner, tenant or occupant shall remove the snow or ice from his property, sidewalk or driveway after the Borough has plowed the roadway in front of the lands with a snowplow, then the snow removed from such property, sidewalk or driveway shall not be deposited upon any portion of the roadway from which snow and ice have been cleared as aforesaid.
[1982 Code § 192-14]
In addition to the penalties herein provided, if the owner or tenant of any premises shall neglect or refuse to comply with this section, the proper officer of the Borough shall forthwith cause the snow and ice to be removed. He shall thereupon certify to the Mayor and Borough Council the cost of removal, which cost shall be charged against the land abutting or bordering upon the sidewalks or gutters, and the amount so charged shall become a lien upon the land and shall be added to and become part of the taxes next to be assessed and levied upon the land and shall bear interest at the same rate and be collected and enforced in the same manner as taxes.
[1982 Code § 192-15; Ord. No. 1179-23-05]
Any person violating any of the provisions of this section shall, upon conviction thereof, be punishable as follows:
a. 
For a first offense - $500.00;
b. 
For a second offense - $900.00;
c. 
For a third or subsequent offense - $1,250.00.
[Ord. No. 1170-14-05 §§ 1, 3; Ord. No. 1207-16-06 § 1]
Before a public utility places, replaces or removes a pole or underground facility located on or below a public right-of-way which pole or underground facility is used for the supplying and distribution of electricity for light, heat for power, or for furnishing of water service or telephone or other telecommunications service located in the municipality, the public utility shall notify the Municipal Engineer's office via email, telephone at least, but not less than, twenty-four (24) hours before undertaking any excavation related to the placement, replacement or removal of the utility pole. This section will only apply when the placement, replacement or removal of the utility pole involves excavation of the public right-of-way.
For the purposes of this section, "underground facility" means one (1) or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power or for the providing of water service, or for the furnishing of telephone or other telecommunications service.
[Ord. No. 1170-14-05 § 2; Ord. No. 1207-16-06 § 2]
After completing the placement, replacement or removal of a pole or an underground facility pursuant to this section, the public utility shall remove from such right-of-way any pole or underground facility no longer in use as well as any other debris created from such placement, replacement or removal and restore the property including, but not limited to, the installation of a hot patch as needed to restore the property within the right-of-way to its previous condition as much as possible. All restoration work will be completed within ninety (90) days of completion of the work specified in subsection 23-4.1 except that the public utility shall not be required to complete the hot patch installation between the months of November and April. Any hot patch work that falls within this time frame must be completed by the first June 30th following the completion of the work. As used in this section, "hot patch" means the installation of a mixture of asphalt to restore property within the right-of-way to its previous condition subsequent to the construction or excavation of a site required for the placement, replacement of a pole or an underground facility pursuant to this section.
[Ord. No. 1207-16-06 § 3]
For the purposes of this section, "pole" means, in addition to its commonly accepted meaning, any wires or cable connected thereto, and any replacements therefor which are similar in construction and use.
[Ord. No. 1170-14-05 § 4; Ord. No. 1207-16-06 § 4]
In the event a public utility does not meet the requirements of subsection 23-4.2 of this section concerning the removal of debris and the restoring of property including, but not limited to, the installation of a hot patch, within a right-of-way to its previous condition within ninety (90) days of placement, replacement or removal of a pole or an underground facility, the public utility will be fined up to an amount not to exceed one hundred ($100.00) dollars each day until the requirements of subsection 23-4.2 are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until sixty (60) days immediately following the end of the November through April period. At least five (5) business days prior to the end of the ninety-day period established by this subsection, the municipality shall notify the public utility that the penalties authorized by this subsection shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of subsection 23-4.2 of this section. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by "The Penalty Enforcement Law of 1999," N.J.S.A. 2A:58-10 et seq.). The Superior Court- and Municipal Court shall have jurisdiction to enforce the provisions of this section. In the case of removal or replacement of a pole or an underground facility utilized by two (2) or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under subsection 23-4.2 of this section, unless a written agreement between the public utilities provides otherwise.
[Ord. No. 1207-16-06 § 5]
Under emergency conditions which significantly impact the placement of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility, or which pose an imminent or existing threat of loss of electrical, water, power, telephone, or other telecommunication service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of subsection 23-4.1 of this section shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the Municipal Engineer and the Municipal Code Official of Little Ferry at the earliest reasonable opportunity and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of subsection 23-4.2 of this section after responding to the emergency.
[Added 9-10-2019 by Ord. No. 1525-15-19]
a. 
It is the purpose of the Borough of Little Ferry to effectuate a process for the frequent requests the Borough receives from various business entities engaged in fiber-optic and other cable communications industries seeking the Borough's approval for the use of rights-of-way, streets, other municipally owned property and, in some instances, existing easements which previously have been granted by the Borough to public utilities for the purpose of installing overhead and/or underground cables, conduits, wires and similar equipment. In the instances involving previously granted easements granted to public utilities, such easements typically were granted many years ago for nominal consideration.
b. 
Such requests appear to be a part of the information superhighway network forecast for our country.
c. 
Requests of the kind described involve substantial review by the Borough Engineer and Borough Attorney before approvals can be granted, often involve the excavation of streets, the provision of additional police services during installation with the concomitant disruption of traffic and public inconvenience and also involve additional time and expense for inspection and expense arising out of potential liability.
d. 
The Borough desires to be supportive of the emerging innovative technology that fiber-optic and other cable offers to its users but not at the expense of burdening Borough taxpayers.
e. 
The imposition of a reasonable annual fee for approvals, licenses, permits or subeasements which are approved and granted will balance the needs of the businesses and the Borough and its taxpayers and promote the public safety and welfare.
In order to implement the purposes of this section, the application process and license or permit fee schedule provided hereafter shall apply.
a. 
Every applicant for the installation of fiber-optic or other cable or for the use of a public utility easement shall submit to the Borough Engineer:
1. 
A plat showing the proposed location of the fiber-optic or proposed installation;
2. 
A depiction indicating whether the proposed installation is overhead or underground;
3. 
Copies of all easements proposed to be used which have previously been granted to utilities; and
4. 
All consents for the use of any such easements by the applicable utilities.
b. 
Every application recommended for approval by the Borough Engineer, if approved by the Mayor and Council, will require as a condition thereof the following:
1. 
Payment of a permit fee in accordance with the following schedule:
(a) 
Aboveground installation: $0.50 per linear foot per year.
(b) 
Underground installation: $0.75 per linear foot per year, provided that, if the installation is located under publicly owned property (not a right-of-way), the fee shall be $1.75 per linear foot per year.
(c) 
In no event shall the fee be less than $500.
(d) 
An engineering and legal professional escrow for review of at least $1,000, or more, as determined by the Borough Administrator.
2. 
An annual renewal permit fee payable to the Finance Department on January 1 of each subsequent calendar year of $0.019 per linear foot, with a minimum of $500.
3. 
A certificate of insurance naming the Borough as an additional insured for general liability coverage in the amount of at least $2,000,000.
4. 
An indemnification agreement, properly executed by the applicant, which shall hold the Borough, its officers, agents and employees harmless from any loss, claim or damage arising out of the installation, maintenance or use of the fiber-optic cable installed by the applicant, the form of said agreement to be approved by the Borough Attorney.
5. 
An agreement that the easement holder will permit the Borough to use the holder's easement without consideration for the installation of fiber-optic or other cable for Borough operations, provided that said installation will not interfere with any fiber-optic or other cable the easement holders may have previously installed in the easement area.
6. 
An agreement that the applicant will provide a minimum of six pairs of strands in each fiber-optic cable (i.e., if a cable contains 48 strands and two cables are run, the Borough will have the use of 12 pairs of strands, six pairs per cable) to the Borough for its use and the use of any other governmental and quasi-governmental entities approved by the Borough.
c. 
No license or permit issued hereunder shall be valid for a period of more than the lesser of 10 years or, if applicable, the balance of the term of an easement previously granted to a utility pursuant to Title 48 of the New Jersey Statutes.
d. 
In any instance in which the holder of an existing easement requires that an applicant for license or permit hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Borough Clerk, in addition to the fee established by § 23-5.2b hereof, an ordinance fee of $150 and:
1. 
The cost of advertising the ordinance prior to adoption; and
2. 
The cost of advertising the notice of adoption of the ordinance.
e. 
In the event that the fiber-optic or other cable installation interferes with a planned municipal installation, the subject fiber-optic or other cable shall be relocated by its owner in an expeditious manner within the right-of-way to a location approved by the Borough at no cost to the Borough. The owner of the fiber-optic or other cable shall not pay any additional fee to the Borough due to the relocation.
f. 
These procedures shall not be applicable to existing easements previously granted to Public Service Electric and Gas Company (PSE&G), Verizon - New Jersey or to existing easements previously granted to or obtained by the present or future holder of a cable television franchise grant by the Borough of Little Ferry.
g. 
Any underground installation of fiber-optic cable, where applicable, shall be required to comply with the street opening requirements set forth in Chapter 23 of these ordinances to the satisfaction of the Borough Administrator.
This Section shall take effect immediately upon final passage and publication according to law.