Borough of Fair Haven, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: See Chapter 14, Property Maintenance, for owner and tenant responsibilities concerning sidewalks.
[Ord. No. 2007-31 § 12.04]
This section shall be known and may be cited as the "Street Excavation Ordinance of the Borough of Fair Haven."
[Ord. No. 2007-31 § 12.04.010]
As used in this section:
APPLICANT
Shall mean any person making written application to the Borough Clerk for an excavation permit hereunder. In the event that the applicant is a corporation or partnership, the applicant shall be the individual authorized to make the application on behalf of the corporation or business entity.
EMERGENCY
Shall mean any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger or hazard to person or property.
EXCAVATION WORK
Shall mean the excavation, removal, replacement, repair, construction, water and sewer connections or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvements existing within the public right-of-way, and retention/detention basins. For the purposes of this section, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." The term "excavation work" shall also include the construction, addition, installation or other disturbance of the whole or portions of the improvements within a public street, drainage right-of-way or other public grounds by persons other than those exempted from the provisions of this section, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
PERMITTEE
Shall mean any person who has been issued a permit pursuant to the terms and conditions of this section and who is obligated to fulfill all the terms of this section.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or public or private organization of any kind.
STREET
Shall mean and include any public street, highway, sidewalk, alley, public easement, public right-of-way or public grounds accepted or maintained by the Borough and any State or County road over which the Borough may have acquired jurisdiction by agreement.
[Ord. No. 2007-31 § 12.04.02]
a. 
It shall be unlawful for any person to perform any excavation work, as defined herein, or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street or dig up, break, excavate or undermine or in any way affect any other public improvement within a public right-of-way, unless such persons shall first have obtained a permit therefor from the Borough Clerk of the Borough of Fair Haven as herein provided.
b. 
This section shall not apply to corporations having, by their charters under the laws of this State, authority to excavate or open the surface of streets or roads without the consent of the municipal or local authorities, so far as concerns the uses and purposes to which such authority extends, but shall in other respects apply to such corporations in full force.
[Ord. No. 2007-31 § 12.04.030]
a. 
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Borough Clerk on the form provided by the Borough of Fair Haven and signed by the applicant performing the work. The form must be completed in such a fashion as to contain a clear and definite description of the name, address, telephone number of the applicant, the nature, scope, location and purpose of the excavation, together with the approximate size of the opening to be made in a sketch which clearly shows the location and dimensions of the proposed opening, the proposed dates of commencement and completion of the excavation, which date shall be the expiration date of any permit issued pursuant to the application, and such other data as may be reasonably required by the Department of Public Works, including complete plans, profiles and details of any proposed curb, sidewalk, pavement or other proposed improvement or structure being installed. Upon receipt of the application, the Borough Clerk shall refer the same to the Superintendent of Public Works or his designee and the Construction Official for comments within five business days of receipt of a complete application. All comments shall be made and the application returned to the Clerk with a recommendation of approval or disapproval (and the reasons therefor) within seven days of the receipt of the application by the Department of Public Works. The Clerk shall issue all permits approved within three days of receipt of application by the Department of Public Works or the expiration of the seven day comment period, whichever occurs first.
b. 
Work on any opening to be made under the permit provided for herein shall commence within 30 days from the date of the permit and prosecuted with diligence until its completion. If for any reason the work is not started within this period, the permit shall be void and any unused portion of its cash repair deposit or performance bond shall be refunded to the applicant.
c. 
Moratorium. Street openings will not be permitted between November 15 and March 31 of any year unless it is determined by the Mayor and Council to be of an emergent nature and upon the recommendation of the Superintendent of Public Works, except with respect to subsections 15-1.29 and 15-1.30.
The Borough Clerk shall not issue any permit for a street opening, an excavation or the discharge of explosives in any street, public place or private property unless there is presented satisfactory proof to the issuing authority in the form of a written statement that there has been compliance with R.S. 2C: 17.4.
[Ord. No. 2007-31 § 12.04.040; Ord. No. 2010-01; Ord. No. 2010-20]
A nonrefundable application fee of $60 shall be paid to the Borough to cover the cost of processing the application and providing inspection as outlined herein. (Fees restated at 2-56.1, Fee Schedule.)
Permit fees may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with approved plans without cost to the Borough.
[Ord. No. 2007-31 § 12.04.050]
The Borough Clerk shall provide each permittee a permit issued hereunder, which shall be plainly written or printed in English letters with the following notice: "Borough of Fair Haven; Permit No. _____, Expiration Date __________," and the first blank space there shall be inserted the number of the permit and after the words "expiration date" shall be stated the date when the permit expires. It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such permit at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit.
[Ord. No. 2007-31 § 12.04.060]
a. 
The application for an excavation permit to perform excavation work under this section shall be accompanied by a cash repair deposit unless a performance guaranty is accepted in lieu thereof pursuant to subsection 15-1.8. Such cash repair deposit shall take the form of cash or certified check, payable to the Borough of Fair Haven, and shall be received by the Borough Clerk prior to the issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work performed in accordance with the excavation permit. Upon the permittee's completion of the work covered by such permit, in conformity with this section as determined by the Borough, 1/2 of the remaining cash repair deposit shall be promptly refunded by the Borough to the permittee and the balance shall be refunded by the Borough to the permittee upon the expiration of two years from the date of final approval of the work upon the Borough's determination that the permittee has performed the work in conformity with this section.
b. 
The amount of the cash repair deposit to be collected by the Borough Clerk shall be:
1. 
Areas that are not within the traveled way or shoulders:
(a) 
Openings not exceeding 10 square feet — $2.50 per square foot or part thereof.
(b) 
Openings exceeding 10 square feet — $2.50 each for the first 10 square feet, and $2 for each square foot, or part thereof in excess of 10 square feet.
2. 
Areas within the traveled way or shoulders:
(a) 
Openings not exceeding 100 square feet - $3 per square foot or part thereof.
(b) 
Openings over 100 square feet - $3 each for the first 100 square feet, and $2.50 for each square foot or part thereof in excess of 100 square feet.
3. 
In the case of excavation or removal or alteration of the public improvements such as drainage, sidewalks, driveways, driveway aprons, etc., the Borough Engineer shall determine in each case the amount of the cash repair deposit in sum total sufficient to allow the Borough to perform all required repairs and restoration. Said amount shall be estimated to include gross Borough costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.
4. 
Cash repair deposits may be waived in the case of installation or repair of sidewalk by the owner or by a person acting for the owner of real property and may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with the approved plans and without cost to the Borough; provided, however, that such waiver will not be granted if, in the opinion of the Borough, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction.
[Ord. No. 2007-31 § 12.04.070]
a. 
If an individual cash repair deposit required by subsection 15-1.7 exceeds $1,000 or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000 or if the applicant is a public utility regulated by the Federal government and/or the State of New Jersey, then the Borough Council may allow the provisions of all or, at the Borough Council's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirement of this subsection, the applicant shall deposit it with the Borough Clerk in accordance with paragraph b of this subsection, made payable to the Borough of Fair Haven.
b. 
The required bond must be:
1. 
With good sufficient surety.
2. 
By a surety company authorized to transact business in the State of New Jersey.
3. 
Satisfactory to the Borough Attorney in form and substance.
4. 
Conditioned upon the permittee's compliance with this section and to secure and hold the Borough and its officers harmless against any and all claims, judgments or other costs arising from the excavations and other work covered by the excavation permit or for which the Borough, the Borough Council or any Borough Officer may be made liable by reason of any accident or injury to person or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and shall be further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition all openings and excavations made in streets to the satisfaction of the Borough.
The amount of the performance bond to be submitted to the Borough Clerk shall be a minimum of double the amount of the cash repair deposit required pursuant to subsection 15-1.7. In the event that the Borough Engineer or Superintendent of Public Works or his designee determines that the cost of proper restoration of the excavation work will exceed the amount of the calculation, the additional bond for the particular job in question may be required by the Department of Public Works in a sum determined by the Borough Engineer.
c. 
In lieu of a performance bond per job, any utility regulated by the Board of Regulatory Commissioners, or any contractor expecting to request multiple permits per year, may post a blanket performance guarantee in the minimum sum of $10,000 with the Borough on an annual basis. In the event the Borough Engineer or Superintendent of Public Works or his designee determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket bond, an additional bond for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s).
[Ord. No. 2007-31 § 12.04.080]
a. 
The permittee shall take appropriate measures to insure that during the performance of the excavation work, traffic conditions shall be maintained as nearly normal as practicable at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Department of Public Works with the approval of the Traffic Safety Officer, may permit the closing or without expenses to the permittee but in case there are not existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Borough Engineer. The permittee shall be responsible for any damage caused to any roadways by the operation of its equipment.
[Ord. No. 2007-31 § 12.04.090]
The excavation work shall be performed and conducted so as not to interfere with access to First Aid Stations Fire Stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
[Ord. No. 2007-31 § 12.04.100]
The permittee shall erect and maintain suitable barriers to confine to a minimum the encroachment of earth from trenches or other excavations upon highways. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers, steel sheet and blocking of adequate size to accommodate vehicular traffic safely. Decking, if timber, shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length. The walk shall be not less than three feet in width and shall be provided with a railing on both sides.
[Ord. No. 2007-31 § 12.04.110]
The permittee shall not interfere with any existing utility without the written consent of the Borough Engineer and/or the utility prior to closing of streets to all traffic for a period of time prescribed as necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Borough Police Department.
a. 
The following steps shall be taken before any street may be closed or restricted to traffic:
1. 
The permittee must receive the approval of the Police Department thereof.
2. 
The permittee must notify, in writing, the Fair Haven Fire Department, the First Air Squad, the Emergency Management Coordinator and the Board of Education.
3. 
Upon completion of construction work, the permittee shall notify, in writing, the Borough Police Department, the Fire Department, the First Aid Squad, the Emergency Management Coordinator and the Board of Education before traffic is moved back to its normal flow so that any necessary adjustments may be made.
4. 
The permittee shall provide trained uniformed traffic directors with appropriate safety attire and equipment as required and/or Police officer and related equipment (i.e., signs, cones, etc.) for traffic control and direction of traffic at the street excavation site during the course of the excavation. Permittee shall pay all costs associated with the use of any private traffic directors or the use of Fair Haven Police personnel, if they are required during the course of the excavation, any work performed in connection therewith and during cleanup operations.
Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Chief of Police will designate detours. The Borough shall maintain roadway surfaces of existing roadways designated as detours company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. It shall be the responsibility of the applicant to arrange for this work and the payment of the costs thereof, as reasonably necessary. No utility owned by the Borough shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work, in accordance with applicable statutory provisions. In case any said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or owner unless the agency or owner authorizes the permittee to undertake repairs and the expense of such repairs shall be borne by the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility, and its bond, shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
[Ord. No. 2007-31 § 12.04.120]
The permittee shall, at all times and at his or its own expense preserve and protect from injury any adjoining property providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property, it is necessary to enter private property for the purpose of taking appropriate protective measures, the permittee shall obtain permission from the owner of such private property for such purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out the work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this section. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate Borough Department or Borough Official having control of such property.
[Ord. No. 2007-31 § 12.04.130]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over the excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times. This requirement may be waived by the Superintendent of the Department of Public Works, or his designee, if found unnecessary or unreasonable because of the nature of the excavation or conditions affecting same.
[Ord. No. 2007-31 § 12.04.140]
a. 
The permittee shall erect and maintain, approaching and throughout the site of the excavation work, such signs, lights, barricades and other protective devices as are required. In the absence of specific written direction by the Police Department, all signs shall be provided as required by the "Manual on Uniform Traffic Control Devices," section concerning construction signing, as published by the United States Department of Commerce.
b. 
Should the Borough Police Department, at any time, determine that the permittee has failed to provide all required signs and protective devices in accordance with the directions of the Police Department and/or the requirements of the previously mentioned Manual on Uniform Traffic Control Devices, the Borough may provide and erect or cause the provision and erection of such required signs, barricades and traffic control devices and the cost thereof may be deducted from the cash repair deposit provided by the applicant or may be billed directly to the applicant by the Borough. If such billing is made and not paid by the applicant within 15 working days after such billing, the amount may be deemed due and recoverable from the applicant's cash deposit or surety.
c. 
The Borough shall normally provide the applicant with 24 hours' notice of its intention to provide any such required signs, barricades and traffic control devices and, its intention to bill the applicant the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the provision and erection of such devices without notice.
d. 
The permittee shall erect such fence, railing or harriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed and maintained upon such place of excavation and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning throughout the night during the existence of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public at twilight. Excavations of any traveled portion of the roadway shall be backfilled so as to allow vehicular traffic to proceed on the roadway unless otherwise directed by the Borough Engineer.
[Ord. No. 2007-31 § 12.04.150]
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
[Ord. No. 2007-31 § 12.04.160]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Borough shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
[Ord. No. 2007-31 § 12.04.170]
a. 
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repairs shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Department of Public Works shall require the labor and materials to be furnished and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
b. 
The Borough shall normally provide the applicant with 24 hours' notice of its intention to provide any such required work, and its intention to bill the applicant for the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the repairs to be made without notice.
[Ord. No. 2007-31 § 12.04.180]
Property lines and limits or easements shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits.
[Ord. No. 2007-31 § 12.04.190]
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department of Public Works. From time to time as may be ordered by the Department of Public Works and, in any event, immediately after completion of the work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from the work; and upon failure to do so within 24 hours after having been notified to do so by the Borough, the work may be done by the Borough and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
[Ord. No. 2007-31 § 12.04.200]
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Superintendent of the Department of Public Works, his designee or the Borough Engineer may direct. The permittee shall provide for environmental protection for streams and watercourses. The permittee shall not obstruct any drainage facility on any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slicking or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
[Ord. No. 2007-31 § 12.04.210]
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or more in depth, the base pavement shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement and a six inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit removal of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line prior to removal. No pile driver or mechanical hammer may be used in breaking up pavement.
[Ord. No. 2007-31 § 12.04.220]
Tunnels under pavement shall not be permitted except by permission of the Borough Engineer. If permitted, tunnels shall be adequately supported by timbering and backfilling under the discretion of the Borough Engineer.
[Ord. No. 2007-31 § 12.04.230]
a. 
Prior to excavation, all trench openings shall be neatly saw cut. Unless specifically allowed, in writing, by the Superintendent of the Department of Public Works, or his designee, under unusual circumstances, no excavation work area shall remain open overnight. In the event any excavation work area is permitted to remain open overnight, the permittee shall be responsible for taking appropriate steps to properly block off the excavation work area and give adequate warning to anyone approaching same on foot or any vehicle of any type, including but not limited to the use of lighting, reflective materials and barriers.
b. 
Unless otherwise provided by the Superintendent of the Department of Public Works, or his designee, the contractor shall backfill all trenches at the end of each working day with suitable materials from the trench excavation or with granular borrow material. Rocks larger than six inches may not be included in backfill. If the Superintendent of the Department of Public Works, or his designee, determines the existing material is unsuitable, select off-site granular material shall be provided. Backfill material shall be deposited in layers and mechanically compacted to a minimum 90% Modified Proctor Density. The densities shall be based upon the latest Standard Test Methods for Moisture Density Relations of Soils and Soil Aggregate Mixtures using 10 lb. Rammer and 18 inches Drop, ASTM Designation D-1557. In lieu of mechanical compaction in lifts, compaction by water jetting or puddling may be used with written permission from the Superintendent of the Department of Public Works, or his designee. If the use of either of these methods is proposed, the contractor shall submit full details of the methods he intends to employ for approval. Consolidation will not be acceptable as a method to achieve the soil densities specified.
c. 
The backfilling, replacement of subbase and installation of base course shall be completed within 24 hours after commencement of work. Exception to the above time limits may be permitted by the Superintendent of the Department of Public Works, or his designee, if it is impractical to complete the work within this time or safety dictates a shorter completion period.
[Ord. No. 2007-31 § 12.04.240; Ord. No. 2018-06]
a. 
1. 
Once the excavation work area has been properly saw cut, and the back fill tamped and compacted, the permittee shall install no less than eight inches of bituminous stabilized base course to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install eight inches of bituminous stabilized base course in the entire area.
2. 
The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. At the end of the period of time of settlement required by the Superintendent of the Department of Public Works or his designee, an inspection shall be performed by the Superintendent of Public Works or his designee.
3. 
At this time, unless the Superintendent of the Department of Public Works, using a standard of reasonableness, authorizes a less stringent action, the permittee shall be required to mill and restore the excavation work area surface extending from the curb to the centerline of the road or a minimum of one foot beyond the outer edges of the excavation, whichever is greater, and install no less than two inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hotpoured rubber asphalt joint sealer (per section 908 of DOT Standard Specifications for Roads and Bridges). If the excavation work area will be within two feet or less of a previous excavation made within one year (by the same permittee along the same side of the road), the permittee shall be required to mill and restore between the outermost excavation from the centerline of the roadway to the curb.
4. 
If the distance from the edge of the excavation work area to the existing curb is greater than two feet and less than four feet, permittee shall be required to mill this area, as well as the surface of the excavation work area. In the event that the excavation work area opening is smaller than 10 square yards, the Superintendent of the Department of Public Works, or his designee, may determine that milling and/or other trench repair methods be used.
5. 
The permittee will be required to replace any structures including, but not limited to, curb, pavement and sidewalk, that had been undermined by the adjacent trench excavation and restoration work, at his or its expense. Such work shall be performed according to Borough standards.
6. 
Rules and Regulations. Applicant shall comply with all BOCA Codes, Ordinances of the Borough of Fair Haven, resolutions or conditions of the Mayor and Council, or any duly constituted Board and any regulations which the Superintendent of Public Works or the Borough Engineer may establish.
b. 
1. 
Maintenance Procedures. When final pavement restoration is approved, as required in paragraph a above, the Superintendent of Public Works or his designee, shall notify the Borough Clerk, in writing, that the portion of the cash repair deposit or performance guarantee pertaining to the street opening permit posted by the permittee at the onset of the project may be released subject to the retainage requested herein below. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. The permittee shall also agree to repair any adjacent structures including but not limited to curb, pavement and sidewalk that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough Clerk shall retain as a cash retainage, 50% of the cash repair deposit and/or performance guarantee during the two year maintenance period.
2. 
If an inspection reveals that the restored excavation work area becomes unacceptable, the Superintendent of the Department of Public Works, or his designee shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair the trench within this time, the Superintendent of the Department of Public Works, or his designee shall notify the Borough Clerk and he shall allow the Borough to utilize the permittee's cash retainage and maintenance bond to pay for the cost of repairing the excavation work area. If the restoration costs exceed the maintenance bond, the permittee shall be liable for the additional costs.
3. 
Upon the termination of the two year maintenance period, any remaining portion of said maintenance bond that has not been expended shall be returned to the permittee without interest.
c. 
The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of two inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. If, in the judgment of the Borough Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions or any other reason, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made.
d. 
Acceptance or approval of any excavation work by the Superintendent of the Department of Public Works, his designee, or the Borough Engineer shall not prevent the Borough from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The presence of a representative of the Department of Public Works or the Borough Engineer during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
e. 
Additional Permit Fee for Excavations on Paved Streets Less than Five Years Old.
1. 
No permit shall be issued by the Superintendent of Public Works of the Borough of Fair Haven which would allow an excavation or opening of a paved or improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
2. 
If, by special permission of the Superintendent of Public Works, a permit is issued to open any paved or improved street surface less than five years old, an additional fee shall be charged for the opening, except that the additional fee shall be waived in the event the work is of an emergency nature. The additional fee shall be equal to the sum of $300 for the first two years and $150 for years three through five.
3. 
The Borough Council may, for good cause, allow an excavation or opening of a paved or improved street surface less than five years old, provided that the Borough Engineer approves a restoration plan for the area excavated or opened.
[Ord. No. 2018-06]
(Fees restated at subsection 2-56.1, Fee Schedule.)
[Ord. No. 2007-31 § 12.04.250]
a. 
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit or shall fail to adhere to other requirements of this section, the Borough shall have the right to do all work necessary to restore the street, to eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost, in condition, for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply, in payment of the amount due it, any funds of the permittee deposited as herein provided; and the Borough shall also enforce its rights under any surety bond provided pursuant to this section. The Borough will normally give the permittee 24 hours' notice of its intent to act, under the terms of this subsection, to eliminate violations of this section or to restore the surface, except that in the case of immediate danger to the public health or safety, certified to by the appropriate officials, no such notice will be provided.
b. 
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition.
[Ord. No. 2007-31 § 12.04.260]
Except by special permission from the Borough Engineer, no trench shall be excavated more than 150 feet in advance of pipe laying or left unfilled more than 150 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place during that single working day. Trenches shall be braced and sheathed according to generally accepted safety standards or construction work and/or as prescribed by the Borough Engineer. Except with the written permission of the Borough Engineer, no timber bracing, lagging, sheathing or other lumber shall be left in any trench.
[Ord. No. 2007-31 § 12.04.270]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the excavation permit therefor.
[Ord. No. 2007-31 § 12.04.280]
If traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Superintendent of the Department of Public Works, his designee or the Borough Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day, to the end that such excavation work may be completed as soon as possible.
[Ord. No. 2007-31 § 12.04.290]
In the event of any emergency in which a sewer main, conduit or utility in or under any street breaks or bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the owner or operator of such sewer main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measure to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such owner or operator shall apply for an excavation permit not later than the end of the next succeeding day during which the Borough Clerk's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
[Ord. No. 2007-31 § 12.04.300]
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris, and during the hours of sunset and 7:00 a.m., shall not use, except with the express written permission of the Superintendent of the Department of Public Works, or his designee, or in the case of any emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Dust shall be controlled by means of maintaining the work area in a clean condition, cleaning and/or sweeping pavement areas and applying calcium chloride.
[Ord. No. 2007-31 § 12.04.310]
The permittee shall not disturb any survey monuments, hubs or pipe found on the line of excavation work until and unless ordered to do so by the Borough Engineer.
[Ord. No. 2007-31 § 12.04.320]
a. 
Forty-eight hours prior to the commencement of the work, the permittee shall notify the Department of Public Works and request that an inspector be present to supervise the excavation and restoration. The permittee shall also notify all utility companies within such time as they prescribe according to their rules and regulations, prior to commencement of any work, in order to obtain appropriate utility underground location information. No pavement surface restoration shall be performed until the backfill operation is complete and approved by the Superintendent of the Department of Public Works, or his designee.
b. 
The Superintendent of the Department of Public Works or his designee shall make any and all inspections as are reasonably necessary in the enforcement of this section.
[Ord. No. 2007-31 § 12.04.330]
Users of subsurface street spaces shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures including abandoned installations. Two copies of as-built drawings shall be filed with the Borough Engineer and one copy with the Superintendent of the Department of Public Works within 60 days after new installations, changes or replacements are made.
[Ord. No. 2007-31 § 12.04.340]
The provisions of this section shall not be applicable to any excavation work by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work, for and on behalf of the Borough necessitating openings of excavations in streets. The provisions of subsections 15-1.5 and 15-1.7 shall not apply to any excavation work performed adjacent to or within public right-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided such subdividers or site developers have complied with applicable ordinance requirements governing subdivisions or site plans. Nothing in this subsection shall eliminate the requirement for the preparation of as-built drawings for the installation of any underground structures, whether installed by the Borough, a subdivider or a site developer.
[Ord. No. 2007-31 § 12.04.350]
a. 
A permittee, prior to the issuance of the permit to do the work hereunder, shall furnish to the Borough Clerk satisfactory certificates of insurance indicating that the permittee has in force and will maintain in force, during the performance of the excavation work and the period of the excavation permit, public liability insurance of not less than $300,000 for any one person and $1,000,000 for any one accident, and property damage insurance of not less than $500,000, duly issued by an insurance company authorized to do business in this State. The Borough shall be named as an additional insured on the permittee's insurance policy. In cases where the character or nature of the proposed excavation work is such as to present an unusual hazard or a higher than normal risk of damage or injury, the Borough Council may require the provision of increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred, by the Superintendent of the Department of Public Works, for the consideration of the Council prior to the issuance of a permit.
b. 
By the making of an application for a permit, the permittee agrees to indemnify and save harmless the Borough of Fair Haven, its offices, agents and servants from and against any loss, injury or damage (including the costs of providing a defense) resulting from any negligence or the fault of the permittee in the case of work covered by the permit. The permittee shall also indemnify and save harmless the Borough of Fair Haven (including the costs of providing a defense) against any damage done to other utilities as a result of a road opening.
[Ord. No. 2007-31 § 12.04.360]
This section shall not be construed as imposing upon the Borough or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the Borough or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
[Ord. No. 2007-31 § 12.04.370]
The Borough Superintendent of the Department of Public Works is authorized to refuse the issuance of any permit, if such refusal is in the interest of public safety, public convenience or public health. If a permit is refused by the Superintendent of the Department of Public Works, an appeal may be taken to the Borough Council. The Council after hearing the applicant and the Borough Superintendent of the Department of Public Works and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Borough Superintendent of Public Works.
[Ord. No. 2007-31 § 12.04.380; New]
For the violation of the provisions herein contained, the Superintendent of the Department of Public Works or the Borough Engineer may revoke the permit and the excavation or opening and pavements may be restored by the Borough of Fair Haven at the expense of the permittee. In addition, any person, firm or corporation found guilty in the Municipal Court of the Borough of Fair Haven of a violation of the terms of this section shall be subject to the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of $150.
[Ord. No. 2007-31 § 12.05.010]
a. 
No person shall paint, stencil, color, mark or deface the pavement, sidewalk or curb of any public street in the Borough; provided, however, that this section shall not be applicable to painting under the direction of the Chief of Police of the Borough of Fair Haven, or his designee, in the regulation of the traffic and parking of motor vehicles within the Borough of Fair Haven.
b. 
Definitions.
PUBLIC UTILITY
As herein used, shall have the meaning set forth in N.J.S.A. 48:2.13.
UTILITY MARK-OUT
Pursuant to N.J.S.A. 48:2-80, shall mean the marking, staking, locating or other identification of underground facilities performed by utility providers or their agents, that may be affected by a planned excavation or demolition.
c. 
Temporary marking is customarily done in indelible paint on the ground surface above the utility to indicate its location in order to enable an excavator to employ prudent construction techniques to determine the precise location of the provider's underground facilities. The mark-out is performed within three business days after receipt of a notice of intent of any person performing excavations, exploratory borings, or subsurface probing, and demolition, in public or private properties.
d. 
Public and private utility providers shall insure that painted mark-out must be removed no later than four weeks after the mark-outs are ordered or performed, but no less than the term of longevity required under State law. Removal of the mark-outs shall not destroy, damage or mar the public streets, sidewalks or curbs on which the paint exists.
[Ord. No. 2007-31 § 12.05.020]
Any public utility, private utility, private contractor, corporation or individual who fails to remove indelible paint mark-outs on public sidewalks, curbs or streets within the time prescribed shall be subject to a penalty of $500 for each offense, plus the cost to the Borough for the restorational repair of the sidewalk, curbs or streets. Each offense shall consist of responding to a request for the marking-out of underground utilities.
[Ord. No. 2007-31 § 12.05.030]
Upon application, and upon such terms as the Mayor and Council may believe reasonable, the Mayor and Council may agree to waive the terms and conditions set forth or to any terms and conditions as set forth in the within section.
[2002 Code § 9.12.120; New]
No person shall encumber or obstruct any street or public place in the Borough with any article or thing whatsoever without having first made application to the Borough Clerk in writing and having received permission.
[Ord. No. 2010-11]
a. 
Collection of Residential Leaves, Recyclable Materials and Solid Waste. Any homeowners' association (HOA), natural areas association, or property owners' association that contracts with a private hauler for the collection and disposal of leaves, recyclable materials and solid waste may request reimbursement from the Borough of Fair Haven effective January 1, 2011. The reimbursement which may be requested shall be the lesser of either the cost incurred by the homeowners' association for collection service or the cost the Borough pays for garbage collection on an annual basis per household or per cubic yard, whichever is less.
b. 
Street Lighting. Any homeowners' association, natural areas association, or property owners association that privately contracts with a public utility for the provision of street lighting, but not installation or maintenance, may be reimbursed by the Borough of Fair Haven upon request for reimbursement. The Borough will reimburse the homeowners' association for 100% of the cost of providing street lighting beginning January 1, 2011.
c. 
Snow and Ice Removal. Any homeowners' association (HOA), natural areas association, or property owners association that contracts with a private hauler for the removal of snow, ice and other obstructions may request reimbursement from the Borough of Fair Haven effective January 1, 2011. The reimbursement which may be requested shall be the lesser of either the cost incurred by the homeowners' association for the service or the cost the Borough pays for the service on an annual basis per household or otherwise, whichever is less.
[Ord. No. 2010-11]
The general conditions which shall apply for this reimbursement policy are as follows:
a. 
Each HOA, as a condition for reimbursement for garbage collection shall be required to comply with all of the Borough ordinances on mandatory recycling, all of the recycling to be done by the HOA or their private collector.
b. 
In the event that an HOA either changes its private collector or receives an increase of more than 10% per year in collection costs over the previous year, the HOA shall be required to obtain three quotes for services to be rendered to the HOA for collection of refuse and garbage prior to being eligible to apply for reimbursement under this section. The quotes obtained must be submitted to the Borough Business Administrator prior to the award of any contract to the private collector.
c. 
The request for reimbursement shall be in writing on a form provided for said purpose by the Borough of Fair Haven.
d. 
Upon receipt of said request, copies of same shall be reviewed by the Administrator, Borough Attorney, Borough Treasurer and Director of the Department of Public Works in order that they may review same and determine if there are any objections to granting said request from their particular viewpoints.
e. 
The request herein referred to shall be made on a quarterly basis on or before April 30, July 31, October 31 and January 31 unless a time extension is granted by the Business Administrator. Requests shall be accompanied by copies of invoices or proof of payment to the subject private hauler or electrical utility.
f. 
The Council shall provide for funding for this program in the annual budget in accordance with the above provisions.
g. 
After receipt from the aforementioned administrative staff, the Borough Council shall adopt a resolution either approving the requests for reimbursement or denying the requests, setting forth their reasons for such denial.
h. 
All payments shall be made directly by the Borough to the homeowners' association.