Street openings were previously regulated by Ord. No. 257.
[Ord. No. 369 § 1]
No person, firm or corporation shall excavate, open, dig in or upon, or otherwise disturb the surface, soils or materials of any public street, avenue, highway, road, alley, easement, right-of-way, or sidewalk or other public place in the Borough, for the purpose of laying, installing, replacing or repairing water, gas and sewer pipes and mains or other utility installations, or for the purposes of replacing any sidewalks or curbs, or for any other purpose whatsoever, without obtaining a permit to do so from the Borough Clerk or his duly designated representative. A permit shall be issued to the applicant after he has complied with the following:
Execution and delivery of a complete written application to the Borough Clerk, on a form to be furnished for that purpose, which shall contain the name and address of the person, firm or corporation making the application and the signature of the applicant or a duly authorized agent; the name and address of the contractor; the specific location of the proposed work; the type to be done; the width, length and depth thereof; the type of road or other surface; the proposed date of opening and date of restoration of the site; and the owner of the property for whose benefit the excavation is to be made. The application shall be accompanied by scaled drawings of the proposed work and specifications which indicate the location and details of the work. The application shall also be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided in subsection 18-1.8.
The Borough Clerk shall provide each permittee at the time a permit is issued hereunder, a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Borough of Interlaken, Permit No.________________ Expires ______________" and in the first blank space there shall be inserted the number of the permit and after the word "expires" shall be stated the date when the permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about an excavation not covered by such permit, or to misrepresent the number of the permit or the date of the expiration of the permit.
[Ord. No. 369 § 2; Ord. No. 2010-5]
Once the applicant is issued a permit, it shall be the obligation of the permittee to:
Properly guard every excavation by erecting and maintaining barricades on all sides of the excavation at all times; posting warning signs during the day; and placing lights around the excavation from 1/2 hour before sunset until 1/2 hour after sunrise. In addition, the permittee shall erect and maintain such signs, lights, barricades and other protective devices in accordance with details of the most current editions of the New Jersey Department of Transportation (NJDOT) Standard Specifications and the Manual of Uniform Traffic Control Devices (MUTCD) as may be necessary for the public safety and as may be required by the Police.
Avoid unnecessary interference with the public use of the right-of-way in question and perform all work so as to accommodate to the greatest extent possible, a normal flow of traffic. If the excavation extends the full width of the street, avenue, highway, etc., only 1/2 of the road shall be opened and this shall be backfilled before the other half is opened to permit the free flow of traffic at all times;
Maintain all streets and other property affected by the project on a continuing basis in a clean condition, free from all rubbish, dust, excess earth, rubble and other debris.
Assume full liability, defend, indemnify, and hold harmless the Borough, its officers, appointed officials, consultants, servants, and employees from and against any and all cost, loss, injury, or damage resulting from any negligence or fault of the permittee, his agent, employees, contractors and consultants in connection with the activities covered by the permit. The permittee shall furnish appropriate liability insurance covering the project to defend, indemnify and hold harmless the Borough and such persons listed above, in a sum not less than one million ($1,000,000.00) dollars for each claim arising directly out of permittee's activity. The permittee shall also furnish excess liability insurance for this undertaking to defend, indemnify and hold harmless the Borough and such persons listed above, in such sum as permittee may usually carry, but, in the case of utility providers, not less than five million ($5,000,000.00) dollars for personal injury and one and one-half million ($1,500,000.00) dollars for property damage.
Permittee's contractor or subcontractor, when work is not performed by permittee's personnel, shall, as a minimum, furnish comprehensive general public liability insurance for all risks entailed in the project or not less than one million ($1,000,000.00) dollars per claimant for personal injury and not less than $500,000 for property damage, per occurrence.
The permittee's obligations herein to defend, indemnify, and hold harmless shall not be conditioned upon the availability or viability of any insurance coverage, but shall be absolute, unconditional and unlimited.
All persons providing labor on the site of the permitted activity shall furnish proof of worker's compensation coverage prior to commencement of work. All insurance required to be furnished shall be evidenced by issuance of Certificate(s) of Insurance with companies acceptable to the Borough and shall, as to liability coverage, specifically refer to the obligations assumed by the permittee in reference to the project which is the subject of the application.
The Borough shall, upon request, be furnished a "memorandum" copy of the complete policies and all endorsements. The Borough, upon its request shall be named as "an additional insured as its interest may appeal." No certificate will be accepted unless it provides for at least 30 days prior written notice by certified mail, return receipt request, to the Borough before the effective date of cancellation, for any reason, of expiration of the policy.
A public utility corporation, or municipal corporation, during the period while such bond required by subsection 8-1.10 is in full force and effect, may, in lieu of filing a certificate of insurance for bodily injury and property damage in the amounts as set forth in this section, file with the Borough Clerk, or his designated representative, a certificate certifying that it is a self-insurer and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the statutes of the State of New Jersey, and that the Borough of Interlaken is completely indemnified thereby;
Assume responsibility for notifying all utility companies or other jurisdictional authorities which may have underground facilities in the project area and which may be affected by the proposed work, and shall further be fully responsible to secure mark-outs of the underground facilities, all in advance of any construction;
Assume responsibility for securing all other necessary permits from regulatory agencies including, but not limited to, Soil Erosion Permit from Soil Conservation Service, Dewatering Permit from the New Jersey Department of Environmental Protection, etc. The Borough shall have no liability for applicant's failure to obtain other permits or to comply with the provisions of any other regulatory authority of any nature whatsoever. Any interruption of the project by order of the Borough or any other authority shall not extend the time for completion as set forth in the permit.
[Ord. No. 369 § 3; Ord. No. 2010-5]
In case of an emergency which would immediately endanger health, safety, welfare, or property, an emergency permit may be issued by the Police; thereafter, a written application in accordance with the provisions of this section shall be submitted within 48 hours after the emergency has been commenced.
[Ord. No. 369 § 4]
No opening shall be commenced on a Saturday, Sunday or holiday except in the case of emergency.
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical means such as tamping, vibrating or rolling as required by the soil in question and sound engineering practice generally recognized in the construction industry.
All backfilling of excavations in or within 10 feet of any pavement or shoulder area shall be done in thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are tamped shall not exceed three inches in thickness; layers that are power tamped shall not exceed six inches in thickness. This same requirement shall apply in all areas not within or, within five feet of, any pavements or shoulder areas except that the backfilling in thin layers shall only be required up to the first 18 inches above the top of any installed pipes or conduits, and the remaining portion of the backfill may be placed in a manner acceptable to the Borough Engineer so as to provide a density comparable to the existing in the undisturbed ground adjacent to the excavation.
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench and the space under, around and six inches above the pipe shall be backfilled with clean sand, noncorrosive soil or one-quarter (1/4) inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill. Where, in the opinion of the Borough Engineer, excavated material is unsuitable for use as backfill, the contractor shall supply other pervious material to be used for backfill.
Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type until the surface is unyielding. The surface shall then be graded as required.
The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specification of the Borough Engineer.
The minimum permitted permanent repairs shall be, or in the opinion of the Borough Engineer, be equivalent to: 1 in streets surfaced with cement concrete-replacement of an equivalent concrete pavement; 2 in streets surfaced with bituminous concrete-construction of a hot-mixed bituminous stabilized base, 6" thick and a hot-mixed bituminous concrete surface course, 1 1/2" thick. All pavement edges to be cut and nearly matched; no overlaying existing pavements will be permitted; 3 in streets surfaced with a bituminous surface treatment, construction of a hot-mixed bituminous stabilized base, 4" thick and a hot-mixed bituminous concrete surface course, 1 1/2" thick. All pavement edges to be cut and nearly matched, no overlying existing pavements will be permitted; 4 in streets of lesser construction as approved by the Borough Engineer at time of issuance of permit. If the particular existing street pavements exceed these criteria, higher type repairs may be required. All materials and workmanship to be in accordance with N.J.D.O.T. standard specifications. 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 paving slab shall be tamped into place and this fill shall be topped with a minimum of at least two inches of bituminous mixture 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. The asphalt which is used shall be in accordance with the specifications of the Borough Engineer. 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, 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. Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Borough Engineer to restore the street to its original and proper condition, or as near as may be.
Acceptance or approval of any excavation work by the Borough Engineer shall not prevent the Borough from asserting a claim against the permittee 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 Borough Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibility hereunder.
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, eliminate violations and to complete the excavation work.
The permittee shall be liable for the actual cost thereof and 25% of such cost in addition to 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 section, to eliminate violations of this section or to restore the surface, except that in the case of immediate danger to public health or safety, certified to by the appropriate officials, no such notice will be provided.
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 one year after restoring it to its original condition. If during that one year period it is required by the Borough to patch, repair, or replace any or all of the restored area to protect the health and safety of the general public, the cash repair deposit shall be forfeited in an amount equal to the Borough's direct or indirect cost plus an additional 50% of the cost as a penalty.
Except by special permission from the Borough Engineer, no trench shall be excavated more than 250 feet in advance of pipe laying, nor left unfilled more than 250 feet where pipe has been laid. The length of the trench that may be opened at any 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. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work as prescribed by the Borough Engineer. Except with written permission of the Borough Engineer, no timber bracing, lagging, sheathing or other lumber shall be left in any trench.
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 practical and in any event not later than the date specified in the excavation permit therefor.
If, in his judgment, 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 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.
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health, or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility 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.
Each permittee shall conduct and carry out the excavation work in such a 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 practical in the performance of the excavation work, noise, dust and unsightly debris and during the hours of 10:00 p.m. to 7:00 a.m. shall not use, except with the express written permission of the Borough Clerk or in case of 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.
[Ord. No. 369 § 5]
Whenever the Borough Council enacts any ordinance or resolution providing for the paving or repaving of any street, the Borough Administrator shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under the street or any real property whether improved or unimproved abutting the street. The notice shall notify such persons that no excavation permit shall be issued for opening, cuts or excavations in the street for a period of five years after the date of enactment of such ordinance or resolution. Such notice shall also notify persons that applications for excavation permits, for work to be done prior to such paving or that applications for excavation permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Borough Administrator shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting the street for their information and to State agencies an departments or other persons that may desire to perform excavation work in the street.
Within the 45 days every public utility company receiving notice as prescribed herein shall perform such excavation work subject to the provisions of this section, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event any owner of real property abutting the street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in the street shall be forfeited for a period of five years from the date of enactment of the ordinance or resolution. During the five year period no excavation permit shall be issued to open, cut or excavate in the street unless in the judgment of the Borough Engineer, an emergency as described in this section exists which makes it absolutely essential that the excavation permit be used.
Every Borough department or official charged with responsibility for any work that may necessitate any openings, cut or excavation in the street is directed to take appropriate measures to perform such excavation work within a 45 day period as to avoid the necessity for making any openings, cuts or excavations in the new pavement in the Borough street during the five year period.
If by special action of the Borough Council, a permit is approved to be issued by the Borough Engineer's Office to open any paved or improved street surface less than five years old, a penalty charge shall be made for opening, except that the penalty fee shall be waived by the Borough Engineer in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale determined as follows:
[Ord. No. 369 § 6]
All concrete curbs and sidewalks shall be restored, if damaged during construction, or is being removed and replaced by the permittee, in accordance with the standards set forth in this section and those defined in Borough Ordinance Nos. #325 and #350. Compliance for the purpose of discharging surety or refund of cash bond shall be as determined by the Borough Engineer.
[Ord. No. 369 § 7]
Permanent restoration shall be made within six months after completion of the work, subject to the approval of the Borough Engineer or his designated representative. The Borough may undertake the permanent restoration if the permittee so requests, provided the permittee shall pay, in advance, the prevailing cost of such restoration, as determined by the Borough Engineer, in cash or by certified check.
[Ord. No. 369 § 8]
A permit fee shall be charged by the Borough Clerk for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work.
Permit fee will be waived in the case of installation or repair of sidewalk by or one acting for, the owner of real property.
[Ord. No. 369 § 9]
The application for an excavation permit to perform excavation work under this section shall be accompanied with a cash repair deposit. Such cash repair deposit shall take the form of cash or a certified check payable to the Borough of Interlaken and shall be received by the Borough Clerk prior to the issuance of any permit.
Cash repairs deposit shall be waived in the case of installation or repair of sidewalk by or one acting for the owner of real property.
[Ord. No. 369 § 10]
If the applicant is a public utility regulated by the Federal Government and/or State of New Jersey, then the Mayor and Council may allow for the provision of all or, 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 requirements of this subsection, the applicant shall deposit with the Borough Clerk a surety bond in the amount of $10,000 payable to the Borough of Interlaken. The required surety bond must be:
With good and sufficient surety;
Be a surety company authorized to transact business in the State of New Jersey;
Satisfactory to the Borough Attorney in form and substance;
Conditioned upon the permittee's compliance with this section and to secure and hold Borough and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the Borough Council, or any Borough Officer may be made liable for reason of any accident or injury to person or property through the fault of the permittee either in not properly guarding the excavation or any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition and to the satisfaction of the Borough Engineer all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 12 months after the work shall have been done, usual wear and tear excepted, as it was in before the work shall have been done. Any settlement of the surface within the one year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Borough if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.
In the event of any suit or claim against the Borough by reason of the negligence or default of the permittee, upon the Borough's giving written notice to the permittee of such suit or claim, any final judgment against the Borough requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above, but applicable as to all excavation work in the streets by the principal in such bond during the term of one year from the date.
[Ord. No. 369 § 11]
The provisions of this section shall not be applicable to any excavation work under the direction of competent Borough Officials by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work for and in behalf of the Borough necessitating openings of excavations in streets.
[Ord. No. 369 § 12]
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. 369 § 13]
Any person who shall violate any provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or both. Each day that the violation continues is to be considered a distinct and separate violation.
This section shall be subject to restrictions as set forth in Section 22 entitled "Protection of Trees" of The Revised General Ordinances of the Borough of Interlaken, 2002.
Editor's Note: Prior ordinance history includes portions of Ordinance No. 325.
[Ord. No. 389 § 1]
The owner or owners of land in front of all streets, roads and highways in the Borough of Interlaken, where there is no sidewalk or curbing, shall construct sidewalks and curbing along said streets, roads and highways in accordance with the provisions of this section and the plans and specifications on file in the office of the Borough Clerk. Said construction shall conform to the grade of the street, road or highway along which the same is constructed.
[Ord. No. 389 § 2]
The owner or owners of land in front of all streets, roads and highways in the Borough of Interlaken, where there are sidewalks or curbing shall maintain said sidewalks and curbing along said streets, roads and highways in accordance with the provisions of this section and the plans and specifications on file in the office of the Borough Clerk. Said owner or owners of land shall maintain the curbs and sidewalks in conformity with the grade of the street, road or highway along which same is constructed.
[Ord. No. 389 § 3]
Any unfit, impaired, decayed or missing sidewalk and/or curbing within the Borough must be removed, replaced or installed in accordance with the provisions of this section hereinafter set forth.
[Ord. No. 389 § 4]
No Certificate of Occupancy shall issue unless the owner or owners of land for which an application for a Certificate of Occupancy is made shall be in full compliance with this section.
[Ord. No. 389 § 5]
All sidewalks shall be laid six feet from the curbline, on streets running east and west, and 18 inches on streets running north and south, and when laid shall be trimmed to a straight line on both sides or edges.
[Ord. No. 389 § 6]
For application fees for repair or replacement of sidewalks see Section 2-72, Schedule of Fees.
All sidewalk improvements shall be in accordance with specifications hereinafter described:
Sidewalks shall be four feet in width and four inches in thickness, except at driveways, whereby they shall be six inches in thickness.
Sidewalks shall be constructed of Portland concrete, having a 28 day strength of not less than 4,500 pounds.
Sidewalks shall be provided with 1/2 inch thick preformed expansion joints at intervals not exceeding 20 feet and shall be provided with construction joints at intervals of not more than five feet.
Sidewalks shall have a slope of one-quarter (1/4) inch per foot toward the curb, and shall be sufficiently higher than the curb to provide for adequate drainage.
Curb and sidewalk ramps for the physically handicapped shall be designed in accordance with "Design Standard for Curb Ramps for The Physically Handicapped" as promulgated by the New Jersey Department of Transportation, latest revision.
Sidewalks shall be provided with a broom finish, having striations at 90 degrees to the direction of pedestrian traffic.
The curb depression at driveway apron or entrances to property shall be no more than one and one-half (1 1/2) inches higher in elevation than the adjacent roadway pavement surface.
Welded wire mesh reinforcement shall be installed throughout all areas of driveway apron construction. Minimum wire mesh measurements shall be 6" x 6" - #10 X #10, having a two inch clearance from the compacted sub-base.
[Ord. No. 389 § 7]
All construction shall be performed in accordance with provisions of this section and with standard construction detail exhibits on file in the office of the Borough Clerk, or as further directed by the Borough Engineer.
[Ord. No. 112 § 1]
No person shall plant, grow, keep or maintain, or permit to be planted, kept, grown or maintained upon any lot or lots within the Borough any hedge, bush, tree, shrub, shrubbery, plant, fence, wall or obstruction of any kind, which are within 25 feet of the point of intersection of any two streets, unless such hedges, bushes, trees, shrubs, shrubberies, plants, fences, walls or obstructions are maintained at a height not in excess of two and one-half (2 1/2) feet above the top of the curb of the nearest street; provided however, that trees, the limbs, branches and foliage of which are maintained at a height of not less than 10 feet above the top of the curb of the nearest street, are excluded from the prohibitory terms of this section.
[Ord. No. 112 § 2]
No person, firm or corporation shall plant, grow, keep or maintain, or permit to be planted, grown, kept or maintained upon any lot or lots in the Borough, any trees or shrubbery, the limbs, branches or foliage of which extend over and above any curb, sidewalk or footwalk, unless the leaves, branches, limbs or foliage of such are kept and maintained at a height of at least eight feet above the curb, sidewalk or footwalk.
[Ord. No. 112 § 3]
Each and every person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of the provisions of this section and each day the same is violated, shall be deemed and taken to be a separate and distinct violation.