[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 12-26-72 as Ord. No. 24-72. Amendments noted where applicable.]
[Amended 9-27-2022 by Ord. No. 2022-27]
a. 
No person, firm, corporation or agency shall excavate, dig or disturb the surface of any public street in the Borough of Waldwick for the purpose of laying, removing, reconstructing, repairing, extending or examining any pipes, conduits or other facilities, or for any other purpose whatsoever, without first obtaining a road permit as hereinafter provided.
b. 
It shall be unlawful for any person, or business entity, whether public or private to make an excavation in, fill or construct, or repair any pavement, curb, sidewalk or driveway located within the right-of-way lines of any public street in the Borough of Waldwick which has been paved or repaved within a period of five years of the date of the application for a permit.
See Chapter 48:84-2.
A. 
The holder of a road opening permit shall notify the Superintendent of Public Works and the Police Department of the Borough of Waldwick at least twenty-four (24) hours prior to commencement of excavation in any public street.
B. 
Before removing any part thereof, pavement shall be cut with a proper cutting tool.
C. 
The width of any excavation shall be no more than required for the work to be done.
D. 
All work shall proceed and all reasonable steps shall be taken to minimize any disruption of traffic flow.
E. 
All trenches shall be backfilled as soon as possible and in accordance with standard specifications of the Borough of Waldwick and a minimum of eighteen-inch stone dust shall be maintained until final repairs or restoration is completed. Temporary repairs shall be made only at such times as designated by the Superintendent of Public Works.
F. 
Permanent pavement shall be restored in accordance with the standard specifications of the Borough of Waldwick and at such times as shall be designated by the Superintendent of Public Works.
G. 
Upon failure of any permit holder to comply with the conditions hereof, the Borough of Waldwick may undertake to do whatever may be necessary to protect the interests of the Borough and the safety of its residents. Any cost or expense incurred by the Borough by reason of the failure of any permit holder to comply with the provisions hereof shall be certified by the Superintendent of Public Works and charged to the permit holder or deducted from the amount which might otherwise be refunded in accordance with section 84-4 below.
[Ord. No. 6-2017]
The Superintendent of Public Works shall so certify when a permit holder has completed restoration of the permanent pavement in accordance with the specifications of the Borough of Waldwick. Such certificate shall also contain a statement of the action, if any required to be taken by the borough by reason of the failure of the permit holder to comply with any of the provisions of this chapter together with all costs and expenses incurred by the borough in connection therewith. No such certification shall be made until at least one hundred eighty days (180) after all of the work has been completed. Upon receipt of such certification, the permit holder shall be entitled to a refund of one thousand five hundred dollars ($1,500) of the application fee paid; provided, however, that any costs or expenses incurred by the borough as set forth in said certificate shall be deducted from any refund which might otherwise be due.
[Amended 9-27-2022 by Ord. No. 2022-27]
The provisions of this ordinance shall not apply to:
A. 
The opening or excavation of a County road for which a permit has been obtained from the County of Bergen.
B. 
The openings or excavations made by a public utility corporation subject to regulation by the Board of Public Utility Commissioners and which has the right to lay, construct, install, maintain and operate its works or facilities or any of them in any public road or street of the Borough, which are to be made for the purpose of laying, relaying, constructing, reconstructing, installing, maintaining, operating or repairing any such works or facilities, if such public utility corporation shall, prior to the doing of any such work, have filed with the Borough Clerk its bond running to the Borough of Waldwick in the sum of one hundred thousand dollars ($100,000), conditioned for the temporary and permanent restoration of any road, street or pavement thereof which may be opened or excavated by such utility, its employees or contractors, without undue delay, to as good condition as the same was at the time of the opening thereof, and to the satisfaction of the Superintendent of Public Works; which bond shall further provide that the obligation thereof shall be a continuing obligation to the full amount thereof for each opening of any road or pavement. Such utility corporation shall, except in cases of emergency, give at least twenty-four (24) hours' notice to the Superintendent of Public Works of its intention to open or excavate, which notice shall describe with reasonable certainty the road or street and section thereof so to be opened and excavated and the purpose of such opening or excavation and the probable length of time before the same will be restored to its previous condition. In the case of emergency openings, a similar notice shall be given to the Superintendent of Public Works as soon as practicable after such opening is made. The utility corporation so opening or excavating any such road or street for the purposes aforesaid, or causing the same to be done by its employees or contractors, shall, without undue delay, temporarily and permanently restore such road or street and the surface thereof to as good condition as the same was at the time of such opening, to the satisfaction of the Superintendent of Public Works, and in case of its failure so to do the work may be done by the Borough under the direction of the Superintendent of Public Works at the expense of such utility corporation.
C. 
Exceptions in regards to § 84-1B may be approved by the Mayor and Council, in consultation with the Superintendent of Public Works and the Borough Engineer, in the case of an emergency, endangering the health, safety or welfare of the community. Applicants must submit documentation of the emergency with the permit application for consideration.
The provisions of this chapter shall not be deemed a waiver of any other conditions or regulations in connection with the construction or extension of water service facilities when the same is not done by the Borough of Waldwick.
See Chapter 1:14.1.