[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:
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.
Shall mean any person, corporation, public utility or other
entity on whose behalf a street opening is performed by a permittee.
Shall mean any person, firm or corporation granted a permit
hereunder.
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.
Shall mean any opening, tearing up or excavating, for any
purpose, of a Borough road, which is not an extensive opening.
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.
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.
(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.
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.
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:
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]
[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:
[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 4-12-2022 by Ord. No. 1564-03-22]
a.
No sign
or any other object that tends to attract the attention or obstruct
the view of the driver of a motor vehicle, shall be placed upon any
utility pole or similar structure located in or within 25 feet of
any public right of way.
b.
The foregoing
prohibition relating to utility poles and similar structures shall
not include any infrastructure installed by a utility company, nor
shall it include any sign or other object that is affixed by the owner
and/or tenant of the utility pole or similar structure and provides
identification and/or safety information relating to the utility pole.
c.
In addition
to any fines prescribed by the Borough Code, the Borough shall have
the right, but not the obligation, to remove any signs or other distracting
objects in violation of this section.
[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:
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.
This Section shall take effect immediately upon final passage
and publication according to law.
