[1]
Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to provide specifications for street and sidewalk construction is part of the general Police power, contained in N.J.S.A. 40:69A-29, 30.
[1972 Code § 22-1.1; amended 2-9-2021 by Ord. No. 2635-21; 7-23-2024 by Ord. No. 2861-24; 5-20-2025 by Ord. No. 2924-25]
No person shall open, dig up, or excavate any street or sidewalk, or any portion thereof for the purpose of connecting any pipe or conduit pipe with a water or gas main, or for any other purpose whatsoever, unless the applicant shall first obtain a permit from the Municipal Engineer.
[1972 Code § 22-1.2; Ord. No. 729-84 § 3; Ord. No. 1328-95 § 4; amended 2-9-2021 by Ord. No. 2635-21; 7-23-2024 by Ord. No. 2861-24; 5-20-2025 by Ord. No. 2924-25]
a. 
The permit shall be in writing, signed by the Township Engineer or his/her representative and shall include:
1. 
A description of the work to be performed.
2. 
A reason for said work.
3. 
The street address including the nearest cross streets where the excavation is to be made.
4. 
A plan or sketch in proper scale indicating the size and location of the proposed openings which shall include:
(a) 
The distance in feet from the nearest intersection and from the nearest curb line;
(b) 
The dimensions of the opening including length and width;
(c) 
The existing parking restrictions.
5. 
The start and estimated completion dates.
6. 
The type of pavement to be opened.
7. 
The name and address of the compaction testing company or laboratory, as required by the Municipal Engineer.
8. 
Photographs of the street or roadway which will be impacted by the proposed work and the areas immediately adjacent thereto as it exists at the time of the application for the permit.
9. 
A utility mark out within the area affected. The applicant is responsible for contacting the West Orange Department of Public Works for all Sanitary and/or Storm sewer utility mark outs during working hours, or to notify West Orange Police during all other hours and request a DPW Sewer employee be dispatched. The applicant must notify NJ State One-Call System (811) for all other public utility mark outs. If a utility is damaged, including service connections, immediately notify the affected utility company and the Municipal Engineer or Department of Engineering. West Orange Police must be notified for damages that occur during all off-hours emergency work.
10. 
A written agreement to completely restore the area affected within a specified number of calendar days after the first disruption thereof to the condition it was at the time it was first completed. The selected period of time is subject to the approval of a representative of the Department of Engineering.
11. 
Specifications, matching those used to construct the street or roadway in the first place, for the complete restoration of any and all bituminous paving, concrete sidewalks, concrete or block curbs, brick pavers, bollards, light poles, benches, trash receptacles, planters, sign posts, parking meters or control boxes, and any and all other aspects of the street or roadway that may be disrupted or impacted in any way by such work.
12. 
All water valves, gas valves, storm and sanitary sewer castings are to be reset to grade prior to paving operations in accordance with sections 602.03.03- Set Casting, Reset Casting and Reconstructed Inlet and Manhole, 651.03.07-Reset Water Valve Box, 652.03.07-Reset Manhole Sanitary Sewer, and 653.03.04-Reset Gas Valve Box of the latest version of NJDOT Standard Specifications for Road and Bridge Construction.
13. 
An itemized and detailed estimate of the cost of the proposed work, including the cost of complete restoration of the full-width of street or roadway prepared by the applicant's architect or engineer.
14. 
A written agreement to submit photographs of the street or roadway once the Department of Engineering representative has approved the complete restoration of the street or roadway.
15. 
The applicant must submit a copy of the Public Works Contractor Registration Certificate issued by the N.J. Department of Labor and Workforce Development to work on any public or private property that requires road opening.
b. 
No trees within the Township right-of-way shall be disturbed or removed without permission of the Township Forester.
c. 
Application Procedures.
1. 
Application for a permit for the installation of a main line of a utility or drainage system running parallel to the Township right-of-way shall be made to the Department of Engineering. Such application must include a detailed plan showing the limits of such an installation, the depth of the main and utility and other necessary information including full compliance with the requirements and subject to the conditions hereafter provided. Upon approval of the plan by the Municipal Engineer, a permit will be provided.
2. 
Applications for a permit for the installation of a house connection for water, sewer, or any other purpose where the excavation does not run parallel to the Township right-of-way shall, upon compliance with the requirements, and subject to the conditions hereafter mentioned, be granted a permit. Application for the permit for the installation of water connections that require the excavation or removal of the surface pavement, curbing, or sidewalk shall be made at the Department of Engineering. Upon Approval of the Municipal Engineer, a permit will be granted.
3. 
All Other Applications. Applications for all other street openings requiring the excavation or removal of the surface pavement, curbing or sidewalk not provided here before shall be made at the Department of Engineering. A permit shall be issued when it can be determined that (i) the necessary documents are acceptable in form and substance, (ii) the applicant has paid the review and inspection fee, (iii) the applicant has posted sufficient insurance, (iv) the applicant has satisfied all other requirements applicable to the issuance of permits in the Township of West Orange.
4. 
Fees.
(a) 
The applicant shall pay an application review in an amount to be set by Resolution for each individual Township street or roadway affected in a project.
(b) 
Additionally, upon issuance of the permit, the applicant shall pay to the Township a fee, in a matter set forth by Resolution at the approval of the Township Council.
5. 
Authority of the Department.
(a) 
The Municipal Engineer or designated representative (Department) has the authority to direct the work and the contractor/permittee has an obligation to proceed as directed. The Department has the authority to reject work that is not in conformance with the contract or permit and direct its removal and replacement. If the contractor/permittee fails to promptly remove or replace defective work as directed by the Department, the Municipal Engineer has the authority to direct others to remove or replace the work. The Department has the right to recover costs incurred for such removal and replacement from the contractor/permittee.
(b) 
The Municipal Engineer will decide questions that arise concerning the following:
(1) 
Quality and acceptability of the work.
(2) 
Progress of the work.
(3) 
Interpretation of the contract or permit.
(4) 
Modification of the contract or permit.
6. 
Responsibilities of the contractor/permittee.
(a) 
Provide labor and equipment sufficient to perform the work, as specified in the contract or permit, to completion. Ensure that the labor and equipment used to perform the work does not cause damage to public or private property. Provide workers that have sufficient skill and experience to properly perform the work necessary under the contract or permit. Provide equipment of sufficient size and mechanical condition to meet the requirements of the job.
(b) 
The contractor/permittee shall provide an on-site Supervisor and alternate, or provide a third-party inspector that is competent, English-speaking, and experienced in the type of construction performed on the job at the contractor's expense. This person should be agreed upon by the Department prior to starting work. Contact name and phone of the on-site Supervisor and alternate must be provided prior to the commencement of the work.
7. 
Risks assumed by the contractor/permittee. The contractor/permittee assumes the following distinct risks, whether they arise from acts or omissions, negligent or not, and whether such risks are within or beyond the control of the contractor/permittee.
(a) 
Damage caused by the contractor/permittee. The contractor/permittee bears the risk of all loss or damage caused by the contractor/permittee, their agents or employees, subcontractors, suppliers, or delivery persons. Protect and preserve all private and public property from damage or loss in performance of the work. Promptly repair or replace such damage or loss as directed by the Department.
(b) 
Risks of loss or damage to the construction. Until final acceptance and review of the project, the contractor/permittee bears the risk of all loss or damage to construction performed under the contract/permit. Promptly repair or replace such damage or loss. The Department will not make any payments or modify the contract/permit time period for such repairs.
(c) 
Risks of claims on account of injury, loss, or damage. The contractor/permittee bears the risk of claims, just or unjust, by third parties made against the contractor, permittee, or Township of West Orange on account of injuries, wrongful death, loss, or damage of any kind whatsoever arising or alleged to arise out of or in connection with the performance of the work.
(d) 
Risks of loss to property of those performing the work. The contractor/permittee bears the risk of loss or damage to any property of the contractor/permittee, and of claims made against the contractor/permittee or the Township for loss or damage to any property of subcontractors, workers, and others performing the work at any time before removal of said property from the project limits or Township property.
8. 
Suspension of work; suspension of permit. The Municipal Engineer has the right to suspend the work, wholly or in part, as deemed necessary for the following reasons:
(a) 
Contractor/permittee fault, including, but not limited to, failure to fulfill contract requirements, failure to comply with the provisions and procedures of the permit, working in an unsafe or reckless manner, failure to correct unsafe conditions, and/or failure to carry out directions of the Department.
(b) 
Convenience of the Department: This direction will be sent to the contractor/permittee in writing.
(c) 
Unsuitable weather conditions: to be determined by the Department.
[1972 Code § 22-1.3; Ord. No. 1328-95 § 5; amended 2-9-2021 by Ord. No. 2635-21; 7-23-2024 by Ord. No. 2861-24]
The applicant shall upon receiving the permit, in order to secure the Township, deposit with the Township a sum to be determined by the Township Engineer, based on the area of the excavation and twice the prevailing cost of replacement, for such excavation. The minimum bond shall be $3,000 cash. The deposit shall be forwarded to the Township Treasurer, who shall use it to defray the expense of the Township in maintaining and completing the work of repairing or replacing the street or road or part thereof, if the permittee has not maintained or completed it to the satisfaction of the Engineer. In lieu of the deposit, the applicant may, at the Township's option, give bond to the Township in the sum of $50,000 with surety or sureties as the Township Council shall approve, conditioned for the payment from time to time of the expenses of repairing or replacing any and all streets or roads or parts thereof, so torn up or excavated upon permits issued therefor.
[1972 Code § 20-1.4; Ord. No. 1328-95 § 6; 7-23-2024 by Ord. No. 2861-24]
The deposit of any surplus after the completion of the work shall be returned to the applicant within 180 days, upon written authorization of the Township Engineer. If any additional sum is required, it shall be paid by the applicant upon receiving written notice to that effect from the Township Engineer.
[1972 Code § 22-1.5; amended 2-9-2021 by Ord. No. 2635-21; 7-23-2024 by Ord. No. 2861-24]
a. 
General. The New Jersey State Department of Transportation 2019 Standard Specifications for Road and Bridge Construction, or latest revision, shall govern all of the work performed under Township of West Orange Road opening permits, except as supplemented below:
1. 
Any work under an issued permit must be commenced within three months from the date of issue, and completed 45 days from commencement, or said permit shall be deemed void and reapplication shall be required, unless previously approved by the Municipal Engineer.
2. 
The permittee shall notify the Municipal Engineer 48 hours, not including weekends and holidays, in advance of the actual commencement of any work under a permit.
3. 
The permittee shall notify the Municipal Engineer at least 24 hours prior to closing any trench or excavation.
4. 
The permittee shall notify the Municipal Engineer at least 24 hours prior to doing any final repair of a trench or excavation.
5. 
Permittees whose work results in the closing of a moving traffic lane, or which requires traffic to be diverted to another lane shall at all times while actively working at the site, utilize an authorized traffic plan approved by the West Orange Police Traffic Bureau for the maintenance and protection of traffic. This includes the use of Police Traffic Directors to assist motorists and pedestrians to proceed safely through the site.
6. 
Barricades, signs, lights, and other approved safety devices shall be displayed in accordance with the Federal latest edition of the Manual on Uniform Traffic Devices.
b. 
Protection of Excavation. Every person, utility or corporation engaged in the digging of any street, in the paving of any street or section of a street, building any sewer or drain, digging any trench for gas, water or other pipes, or in digging and building any manhole or valve box in any public street, or in the placing of any obstruction in any public street, where the work, if left exposed, would be dangerous to vehicles or passersby, shall erect a fence or railing at such excavations or work.
The fence or railing shall be erected in a manner to prevent danger to persons travelling on the street or sidewalk. The person shall maintain the railing or fence until the work shall be completed or the obstruction or danger is removed. It shall be the duty of each person, utility or corporation who erects a railing or fence to place upon the railing or fence at sundown of each evening suitable and sufficient lighting and to keep the lights burning throughout the night during the performance of the work.
c. 
Protection of Existing Structures. It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person, firm, or corporation whose pipes, conduits, or other structures are laid in the portion of the street to be opened. Said notice shall be given, in writing, a minimum of 72 hours before commencement of said opening, and the permittee shall, at his own expense, carefully support, maintain in operation and protect from damage such pipes, conduits, or other structures. If any damage is caused to such pipes, conduits, or other structures, the permittee shall restore the same, at his own expense, to the condition they were prior to the commencement of work, except that gas facilities must be repaired by Public Service Electric and Gas Company and water main facilities must be repaired by the New Jersey American Water Company. Conduits or pipes shall be installed at a minimum depth of 18 inches from the surface of the roadway or below the base course whichever is greater. Where conduits and pipes cannot be installed at the required minimum depth, protective plating shall be installed over the facilities upon written request from the permittee and receipt of written approval of the Municipal Engineer.
d. 
Breaking Existing Pavement. Precutting of pavement wearing course by saw cutting shall be required. For pavement removal, the use of a "Ram Hoe" or truck mounted pavement breaker is not permitted unless otherwise authorized. Hand held tools should be used for this purpose. This applies to all streets at all times. The permittee shall be responsible for keeping the construction site clean and neat as practicable at all times during the life of the permit. No material shall restrict water flow in gutters. Every effort shall be made to keep the pavement opening dimensions to the absolute minimum. No person shall make any installation or repair between two or more street openings by means of tunnelling or jacking without approval of the Municipal Engineer or his/her representative.
1. 
Sheeting or Bracing. The sides of any open excavation five feet or more in depth shall be secured by sheeting and bracing where the earth is not sloped to the angle of repose of the material and where unsafe conditions are created due to the composition of the soil, depth of excavation, climactic conditions, or construction operations. Where sheeting or bracing has been used for the excavation, it shall be pulled when the excavation has been filled or backfilled to the maximum unsupported depth allowed by the New Jersey Department of Transportation guidelines.
e. 
Backfill or Plating. All excavations shall be completely backfilled at the end of each working day, unless it would constitute a hardship to the permittee or where the size of the excavation makes it impossible to backfill at the end of each working day, in which a waiver may be granted by the Township Engineer. In the event that a waiver is granted, the contractor or owner shall cover the excavation with heavy one-inch-thick plates secured to the pavement to prevent rattles and movement, and erect appropriate barriers and lights around the entire excavation and arrange to provide appropriate security protection, if such security is necessary, at his own cost and such other safeguards as may be needed to protect the public from an open excavation. If plates are placed for over a weekend or for an extended period, all edges are to be macadam sealed and sloped. In no event shall an excavation be left open for more than 72 hours, unless an emergency exists and permission has been secured from the West Orange Police Department, the Township Engineer, or their designated representative. Plates left in the roadway between November 15 and April 1 shall be recessed to allow for snowplowing, should it be necessary.
f. 
Paving. No road opening shall be permanently paved until a final inspection has been made by the Township Engineer or his representative and final approval given. For all openings:
1. 
All water valves, gas valves, storm and sanitary sewer castings are to be reset to grade prior to paving operations in accordance with sections 602.03.03- Set Casting, Reset Casting and Reconstructed Inlet and Manhole, 651.03.07-Reset Water Valve Box, 652.03.07-Reset Manhole Sanitary Sewer, and 653.03.04-Reset Gas Valve Box of the latest version of NJDOT Standard Specifications for Road and Bridge Construction.
2. 
The paved roadway surfaces shall be saw cut or blade cut vertically on a straight line before excavating.
3. 
The material excavated from the trench opening shall not be replaced as backfill.
4. 
Excavated materials must be removed from the work site on the day of excavation.
5. 
The backfill will be comprised of Dense Graded Aggregate (DGA) or other material approved by the Township Engineer.
6. 
All backfill shall be placed in twelve-inch horizontal layers, with each layer thoroughly compacted by mechanical means to the satisfaction of the Engineer. The Engineer reserves the right to require a compaction test to be performed by an independent laboratory at the expense of the permittee.
7. 
After proper settlement and cutback, for any portion of the road, the entire width of the trench, plus a four-inch overlap, shall be overlaid with a two-inch minimum thickness of bituminous concrete surface course (9.5M64 or 12.5M64 as designated by the Municipal Engineer) pavement applied to the entire length of the disturbed area and rolled in place to obtain a smooth pavement surface and sealed at all edges.
g. 
Asphalt Pavement Openings; Backfilling; Restoration of Surface.
1. 
The permittee shall assume all responsibility and hold the Township harmless for any property damage or bodily injury which may occur as a result of the work performed from the time the work commences until the permanent restoration has been completed to the Engineer's satisfaction. The permittee shall immediately backfill the opening with an approved material in layers not exceeding one foot in thickness. This fill shall be brought to an elevation of eight inches below pavement surface. Compaction shall be attained by use of plate tampers, small drum vibrators, or "jumping jack" hydraulic rammers. Hand compaction shall not be permitted except in the immediate area of the underground facility where hand compaction is permissible using as many strokes as necessary to attain maximum density.
2. 
Once the excavation work area has been properly saw cut, and the backfill tamped and compacted, the permittee shall install no less than eight inches of bituminous stabilized base course (19M64 or 25M64 as designated by the Municipal Engineer) to the trench surface in two lifts compacting after each application. The roadway restoration for the roadway opening shall be full curb to curb roadway restoration. The permittee shall be required to excavate to the curb and evenly install eight inches of bituminous stabilized base course (19m64 or 25M64) applied in two lifts to the entire area.
3. 
The partially restored pavement shall be allowed to settle for no less than 90 and no more than 180 days. If, at any time during the settlement period, the trench becomes unacceptable as determined by the Township Engineer or his representative, the permittee shall be notified of the condition requiring repair, and such repair shall be performed within 24 hours of such notification. If the repair is not made in the time specified, the Township may make the repair, and any costs thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the time of settlement required by the Township Engineer, an inspection will be made by the Engineer or his representative.
4. 
After the Township Engineer's inspection, the permittee shall be required to mill the excavation work area surface to a width equal to the width of the roadway with one foot wider on each side of the initial repair and install no less than two inches of bituminous concrete surface course (9.5M64 or 12.5M64 as designated by the Municipal Engineer). The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot poured, rubber asphalt joint sealer (per Section 914 of NJDOT Standard Specifications for Roads and Bridges).
5. 
Unless authorized by the Township Engineer, any excavation less than 10 square yards shall require milling and restoration of the excavation work area extending a minimum of one foot beyond the edge of excavation to the nearest curb. Any excavation equal to or greater than 10 square yards shall require milling and restoration of the excavation work area extending from full curb to curb roadway restoration and extending a minimum of one foot beyond the outer edges of the excavation. If the excavation work area will be within 100 feet or less of previous excavations occurring within one year of the subject excavation (by the same permittee along either side of the road), the permittee shall be required to mill and restore the roadway between the outermost excavations with full curb to curb roadway restoration.
6. 
The permittee shall be required to replace any facilities, including, but not limited to, curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work, at the permittee's expense. Such work shall be performed according to the Township's standards.
7. 
Non-paved areas. All grass or graveled area or sidewalk areas disturbed within the Township right-of-way(s) shall be reconstructed, top soiled, seeded, and mulched within 14 days of completion of excavation. All concrete areas will be thoroughly compacted before restoration. These limits may be waived by the Engineer only when abnormal temperatures or inclement weather necessitates the same.
8. 
All work, including grassy areas, shall be guaranteed for a period of 60 months.
[1972 Code § 22-1.6; amended 2-9-2021 by Ord. No. 2635-21[1]; 7-23-2024 by Ord. No. 2861-24]
As a condition of the issuance of a permit, the applicant shall provide the Township with evidence of General Liability, General Comprehensive and Vehicular Insurance and Worker's Compensation Insurance in an amount not less than $1,000,000 each occurrence and $2,000,000 aggregate. Such insurance policy must also name the Township of West Orange as an additional insured and be issued by a company licensed by the State of New Jersey.
[1]
Editor's Note: This ordinance also repealed former Subsections 20-1.7, Filling In, 1972 Code § 22-1.7, and 20-1.8, Insurance, Ord. No. 1328-95 § 6.
[Added 7-23-2024 by Ord. No. 2861-24]
a. 
In the event that an emergency condition exists requiring immediate action by any person, utility or corporation requested to obtain a permit pursuant to this section, the person may immediately cause the roadway to be entered and emergency measures taken without first obtaining a permit, provided that:
1. 
A true emergency exists and the person has notified the Township of West Orange Police Department prior to the start of work, who shall log the emergency and provide information regarding traffic control and the hiring of traffic directors.
2. 
A permit is applied for within 24 hours of the road opening or on the next business day, whichever is more practical.
3. 
All work is performed in accordance with the provisions of this chapter.
4. 
The permittee shall commence emergency work as soon as practical, and perform such work on an around the clock basis until the emergency is abated.
5. 
Barricades, signs, lights, and other approved safety devices shall be displayed in accordance with the latest version of the Federal Manual on Uniform Traffic Devices.
6. 
No private vehicles may be kept in the work area.
7. 
All necessary information regarding the emergency work that is requested by the Department of Engineering Inspector or other Township representative shall be provided by the permittee or the work crew on scene.
8. 
Permittees whose work results in the closing of a moving traffic lane, or which requires traffic to be diverted to another lane shall at all times while actively working at the site, utilize an authorized traffic plan approved by the West Orange Police Traffic Bureau for the maintenance and protection of traffic. This includes the use of Police Traffic Directors to assist motorists and pedestrians to proceed safely through the site at the permittees expense.
[Added 7-23-2024 by Ord. No. 2861-24; amended 5-20-2025 by Ord. No. 2924-25]
No street opening activity shall be allowed, except for emergency work or as authorized by the Municipal Engineer in a protected street for a period of ten years from the completion of street improvements. The Municipal Engineer shall once a year, or as often as may be appropriate, provide to the public utility providers and the general public notice of planned work on municipal roads, advising that any work requiring excavation and disruption of pavement within or about those roads will have to be completed prior to Township paving projects. Such notice shall state that no road opening permits will be issued for openings, cuts, or excavations in newly paved roads for a period of 10 years from the completion of the project.
The notice shall also provide those applications for road opening permits for work to be done prior to the Town paving project shall be submitted promptly in order that the work covered by the permit may be completed before paving. Notice to public utility providers shall be by email.
a. 
Permit Issuance. No permit to use or open any street, except for emergency work, shall be issued to any person within a ten-year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provisions, the Municipal Engineer may authorize the issuance of a permit to open a street within such ten-year period upon a finding of necessity therefor.
b. 
Conditions. Permittees shall be responsible to contact the Department of Engineering for Municipal Engineer to determine whether a street is scheduled to be rebuilt under a street reconstruction project.
c. 
Application.
1. 
Permittees shall include on the application the justification for any street opening activities on protected streets.
2. 
The permittee shall attach the "Protected Street Opening Permit Application attachment" to the Street Opening permit application prior to obtaining the permit.
d. 
No backfill of any opening or excavation on a protected street shall be performed unless the permittee notifies the Department of Engineering at least 48 hours prior to the scheduled start time for the backfill. In no case shall the permittee commence the backfill prior to the scheduled start time. For the HMA base and surface course, the permittee shall fax/email its daily paving schedule to the Department of Engineering prior to commencing work. In addition, during the backfill and compaction phase of the work, permittees must provide, on site, a certified compaction tester from an approved laboratory or a licensed certified tester to test that the compaction of the backfills is in accordance with the Department of Engineering's rules and specifications. Upon completion of temporary restoration measures, a thirty-day settlement period shall be observed. Upon completion of the settlement period, final (permanent) restorations shall be completed within 10 working days, or as directed by the Department of Engineering should the final restoration period fall within the winter season.
e. 
The Department of Engineering may inspect any phase of the work, including but not limited to initial excavation, backfill and compaction, performance of required cut backs, and final restoration.
f. 
A certification issued by a New Jersey licensed professional engineer shall be provided to the Municipal Engineer within 30 days of completion of work on protected streets. The certification shall state that the type of work performed was as described in the permit application, and that all phases of the restoration were performed in accordance with the Township rules and specifications.
g. 
Permittees shall be responsible for the proper repair of the street opening or excavation for a period of three years from the date of completion or for the duration of the protected street guarantee period, whichever is longer.
h. 
Where street openings cannot be confined to within four feet of the curb line, including the required cut back, and/or within the sidewalk area, full curb to curb roadway restoration shall be required where protected street status has been in effect for 48 months or less, unless otherwise directed by the Municipal Engineer.
i. 
In the event a permanent restoration pavement installed in violation of the provisions of paragraph d settles more than two inches below the surrounding existing surface during the life of such permanent restoration, this shall be deemed a failure of the backfill compaction, in which case, the permittee shall remove all of the failed backfill, down to the subsurface facility, and install new, properly compacted backfill and the final finish should be infrared for a smooth trench.
j. 
In those circumstances where a non-emergency linear opening or excavation is performed on a street where protected streets status has been in effect for a period of 10 years or less, then the permittee shall be required to perform full curb-to-curb roadway restoration on the protected street, plus curb-to-curb repaving of another street in the area, as designated by the Municipal Engineer with the consent of the Mayor and Council. The length of the repaving of the additional street shall be substantially equivalent (as determined by the Municipal Engineer) to the length of the restoration of the protected street that was opened/excavated within this ten-year period.
[Added 7-23-2024 by Ord. No. 2861-24]
Any person who shall violate any of the provisions of this section, or take part in or assist in any violation, or who shall violate or fail to comply with any order or regulation made under the provisions of this section, or shall make any excavation or store any material within the line of any municipally controlled road or street in the Township of West Orange, except as allowed by permit under the provisions of this section, shall severally for each and every such violation or noncompliance, respectively, not otherwise provided for, be liable to the maximum penalty as per N.J.S.A. 40:49-5 as follows:
•
The Township Council may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
•
The Township Council may prescribe that for the violation of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
•
The Township Council may prescribe that for the violation of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
Should any person, firm, or corporation in violating any of the provisions of this section, after notice of such violation, continue such violation, each 24 hours that the same shall be continued shall be construed to constitute a separate and distinct violation.
Any person, firm, or corporation who is convicted of violating this section within one year of the date of a previous violation of this section and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine as imposed upon a person, firm, or corporation for repeated offense shall not be less than the minimum or exceed the maximum fine imposed for a violation of this section, but shall be calculated separately from the fine imposed for the initial conviction of violating this section.
Any person, firm, or corporation convicted of the violation of any provision of this section may, in the discretion of the Court by which he was convicted, and in default of the payment of any fine imposed therefore, be imprisoned by the County jail or place of detention provided by the Township, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[1972 Code § 22-2.1]
No street shall be accepted by the Governing Body unless the width shall be at least 50 feet, unless a lesser width is permitted under special conditions provided in this revision.
[1972 Code § 22-2.2]
No person shall lay any sidewalk, on any tract or portion of any public street unless the same shall conform to the established grade of the street, and according to specifications adopted at the time by the Township Council.
[1972 Code § 22-3.1; Ord. No. 1328-95 § 7]
Any person owning, leasing, or occupying any house or other building, or vacant lot, fronting on any street in the Township shall, at his or their charge and expense, sufficiently pave the sidewalk, and maintain in good repair, according to this section, the curb and sidewalk, including the authorized installations in front of the house, building or lot.
[1972 Code § 22-3.2; Ord. No. 1328-95 § 7; amended 11-24-2025 by Ord. No. 2944-25]
No person shall construct, remove, repair, reset or alter the sidewalk or curb or cause the construction, removal, repair, replacement, resetting or altering of the sidewalk or curb of any public street in the Township, nor store thereon construction materials for the same, without the written permit of the Director of Public Works or his/her authorized representative. Permit fees under this chapter shall be prescribed by resolution of the Township Council.
[1972 Code § 22-3.3; Ord. No. 1328-95 § 7]
All sidewalks and curbs hereafter paved, constructed or repaired, shall be paved in accordance with the "Standard Specifications of the Township of West Orange, adopted March 3rd, 1959" and on file with the Township Clerk.
[1972 Code § 22-3.4; Ord. No. 1328-95 § 7]
The following regulations shall apply:
a. 
Materials for Repair. Alterations, restoration, and repair of any sidewalk, shall be made with concrete as specified in the "Standard Specifications of the Township of West Orange," or with the same materials as exist on both sides of the sidewalk in disrepair.
b. 
Grade. Every sidewalk shall at the curbline, be of the same grade as that established for the top of the curb except that where any driveway may cross the same, it shall be the same grade as the top of the lowered drive-way curb. From the property line the paved and unpaved portions shall have a uniform slope of at least 1/4 inch and not more than 1/2 inch per foot towards the established curbline and grade except that where a driveway crosses the sidewalk, the surface may slope from the top of the lowered driveway curb to meet the normal prescribed sidewalk grade at the adjacent edge of the required sidewalk strip. In all cases the sidewalk must be paved to meet adjoining walks to present a continuous smooth surface free from abrupt rises or depressions.
c. 
Unpaved Portions. The permissible unflagged or unpaved portions of the sidewalk of any public street in the Township shall be properly graded and neatly and sufficiently covered and maintained with gravel, broken stone, screenings, grass or soddings.
d. 
Specified Materials. The material used, and the work of constructing or repairing any curb or sidewalk, shall be as specified by the "Standard Specifications" referred to in subsection 20-3.3.
e. 
Driveways Crossing Sidewalk. Where any driveway crosses the sidewalk it shall be paved with the same material as the adjoining sidewalk with a smooth surface to join, and be continuous with the abutting sidewalk pavements.
f. 
Driveways Proximate to Intersections. No person shall construct or cause to be constructed a driveway at a street sideline within 35 feet from the nearest sideline of a street or intersection roadway.
[1972 Code § 22-3.5; Ord. No. 1328-95 § 7]
Any person constructing, removing, repairing, replacing or altering any sidewalk or curb contrary to the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5, in addition to paying the expense of restoring the sidewalk to its proper condition.
[1972 Code § 5-6.1; Ord. No. 1324-95 § 1; Ord. No. 1902-03 § II]
No person shall obstruct or hinder the free and lawful passage of pedestrians and vehicles on the streets and sidewalks of the Township by placing thereon any goods, wares, merchandise or other articles of trade or sale, or in any manner whatsoever, except as hereinafter provided.
[1972 Code § 5-6.2; Ord. No. 1324-95 § 2; Ord. No. 1902-03 § II; Ord. No. 2546-18]
This section shall not apply as follows:
a. 
Where the obstruction is caused by the loading or unloading, in the ordinary course, of goods, wares or merchandise to and from vehicles in such a manner as to cause a minimum of obstruction which is necessary and unavoidable.
b. 
Receptacles for garbage or refuse lawfully placed on or in sidewalk or street areas for collection.
c. 
Space within three feet of the front line of any building, dwelling, house or shop if such space is appropriated or used by the occupant or owner thereof.
d. 
Any "outdoor sale" approved or permitted pursuant to Chapter 25, Land Use Regulations, of the Revised General Ordinances of West Orange.
e. 
On any street lawfully closed for a block party or similar governmentally sanctioned social event.
f. 
Apparatus such as basketball backboards, hockey nets, volleyball nets, and similar recreational equipment shall be portable; and shall not be permanently placed on or immediately contiguous to a street or sidewalk unless it is permanently affixed entirely onto the apparatus owner's real property and not onto any public right of ways or easements. Additionally, the described apparatus must be equipped with reflectors or similar warning devices to facilitate recognition. The recreational apparatus shall not be utilized after 9:00 p.m., nor before 7:30 a.m. prevailing time. Notwithstanding the foregoing, no apparatus shall be permitted to hang over a roadway so as to interfere with the safe passage of buses or similar high clearance vehicles and no apparatus shall be permitted to hang over a sidewalk so as to interfere with the ability of pedestrians to utilize the sidewalk.
g. 
Citizens assume all risk and liability when utilizing portable recreational apparatus on or immediately adjacent to any roadway.
[1972 Code § 5-6.3]
No street, sidewalk or crossing shall be encumbered or obstructed without the written permission of the Township Engineer. Such permission shall state the conditions and restrictions under which it is issued, and shall be given only to persons intending to erect buildings, for the placing of building materials in such manner as not to obstruct travel on any street or sidewalk. No mortar or other building material in which water is an ingredient shall be mixed or retained in any street in anything except a watertight receptacle.
[1972 Code § 5-6.4]
The Police Department is given full power and authority to prevent obstructions in violation of this section and to remove any such obstruction after giving to the owner of the premises abutting the area so obstructed a reasonable notice to remove the obstruction.
[1972 Code § 5-8.1; Ord. No. 2302-11]
The owner, occupant or tenant of premises abutting or bordering on any street in the Township shall remove all snow and ice from the abutting sidewalks of such streets, or in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes, salt, sawdust or some other nonslippery or adhesive substance so as to make the same safely passable within 24 hours after the snow has ceased to fall or the ice has formed. In addition to any other remedy provided by this section any person who violates this section shall be subject to the penalty provided in Chapter 1, Section 1-5.
[1972 Code § 5-8.2]
In the event snow or ice shall not be removed from sidewalks as provided in this section, the same may be removed under the direction of the Township Engineer. The cost of removal of any snow or ice by the Township Engineer for and on behalf of the Township of West Orange shall be certified to the Township Council by the Engineer or his or her nominee. The Township Council shall examine the certificate, and if found to be correct, the Council shall cause the cost to be charged against the real estate abutting upon the sidewalk, and the amount charged shall become a lien and a tax on the real estate and shall be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest in the same manner as other taxes.
[1972 Code § 5-8.3]
No person, including the owner or occupant of any premises abutting on any street, shall throw, place or deposit any snow or ice into or on any street in the Township, except such as falls or is formed on that portion of the property abutting the street lying within the sidewalk lines thereof. It is the intent and purpose of this subsection to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to or occupied by such persons on the sidewalks or streets of the Township.
[1972 Code § 5-9.1]
All trees that stand along public streets and whose branches extend over the sidewalks shall be trimmed under the supervision of the Shade Tree Superintendent so as to prevent impediment to travel and obstruction of street lights.
[1972 Code § 5-9.2]
No person shall cut down, destroy or in any way injure any tree or shrub standing in any public street. No person shall cut down, destroy, break, mar or in any way injure any tree, bush, shrub, bench, chair, pavilion or any other thing or property or building standing in any park or public grounds.
[1972 Code § 5-9.3]
All ornamental or shade trees or posts placed or set out in any street shall be placed or set out within the ten-foot right-of-way or other Township property.
[1972 Code § 5-9.4]
The Shade Tree Superintendent is authorized to cause any dead tree, and any trees which encumber or obstruct any street or sidewalk, to be cut down or removed.
[1972 Code § 5-9.5]
No person shall run or suspend in any manner, in, across or through any street any wire of any nature whatever, without first obtaining permission of the Township Council, unless such action is permitted under the laws of the State.
[1972 Code § 5-9.7]
The Township reserves the right to use the top cross beam, to be painted a distinct color, of any telegraph, telephone or electric light pole, for the purpose of attaching the wires of any fire alarm, telegraph or Police patrol, which may at any time be adopted and used by it.
[1972 Code § 5-3.1; Ord. No. 2353-12]
a. 
The owner, occupant or tenant of premises in this Township in front of which there is a sidewalk or an off-street parking area shall keep the same neat and clean, and shall keep the grass and weeds on either side thereof cut to a height not exceeding eight inches.
b. 
The owner, occupant or tenant of premises abutting on any street in the Township shall at all times keep the sidewalk area, off-street parking area and gutters free from all weeds, mud, dirt, sticks, holes, pits, loose stones, leaves, gravel, rubbish, paper, debris and other objects, and shall provide open gutters across or adequate drains under his/her entrance walks or drives, which shall at all times be kept thoroughly open, clean and free from obstructions of all sorts.
[1972 Code § 5-3.2]
In the event, after three days' notice, any owner, occupant or tenant of premises in the Township shall fail to observe the requirements of subsection 20-7.1, he or she shall not only be liable to the penalty provided for violation of this section but also the necessary work shall be done by or under the direction of the Township Engineer and the cost thereof shall be certified to the Tax Collector. Such cost shall be a lien upon the premises and be recorded and collected in the same manner as the taxes to be levied thereon.
[1972 Code § 5-4.1]
The owner or tenant of any lands in the Township, wherever necessary and expedient for the preservation of the public safety, shall keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet. Such work shall be done within 10 days after written notice sent to the last known Post Office address of the owner or tenant by Certified Mail to cut the same. The notice shall set forth the reasons therefor, and shall provide an opportunity to the owner or tenant, within five days of the receipt of the notice, to show cause before the officer sending the notice why the demands made should not be complied with.
[1972 Code § 5-4.2]
In case any owner or tenant fails or neglects to show cause why such cutting should not be done after proper notice, or fails to cut the same within 10 days, as provided in the notice, the Director of Police or his/her agent may, on behalf of the Township, cause such brush, hedges and other plant life to be cut.
The cost thereof shall be certified to the Township Council, which shall examine the certificate of cost and, if found correct, shall cause the cost to be charged against the lands. The amount so charged shall become a lien on the lands and shall be added to and become part of the taxes to be assessed on such lands, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers in the same manner as payment of taxes.
[1972 Code § 22-4.1]
The Township Engineer is authorized to provide a system of numbering all buildings and lots whereby each lot in the Township shall have a number. The numbers assigned each building shall be given to the Tax Assessor so that they may be set down on the tax maps of the Township.
[1972 Code § 22-4.2]
The numbers of all houses erected shall correspond with the numbers shown on the tax maps. Every property owner shall have his/her house number in conformity with the numbers as shown and designated on the tax maps.
[1972 Code § 22-4.3]
Before affixing any number to any house, it shall be the duty of the owner to apply to the Tax Assessor for the correct number of the house, if the same is designated on the tax maps. Upon application, the Tax Assessor shall furnish to the applicant the correct number to designate his/her property.
[1972 Code § 22-4.4; Ord. No. 716-83 § 1]
a. 
The owner, occupant or agent of an owner or occupant shall place or cause to be displayed upon each house, store, office building or other building or structure controlled by him/her, the street number or numbers assigned to the lot upon which the building is located. Street number assignments shall be made by the Township Engineer, pursuant to subsection 20-11.1.
b. 
The numbers used shall be Arabic, not less than three inches in height, and should be made of durable and clearly-visible material. The numbers shall be legible and maintained in good order at all times. Roman numerals or script may supplement this requirement but shall not be a substitute for compliance.
c. 
The numbers shall be conspicuously placed at the main entrance to the building, parallel to the street at a location on the building's facade or porch so that the number can be plainly read from the centerline of the street by a person possessing at least 20/40 vision.
d. 
Whenever any building is situated more than 50 feet from the street line, the house number shall be displayed as provided in paragraph c, but the numerals shall be at least five inches in height.
e. 
If the number would not be visible due to the orientation, set-back or other features of the building or site if it were displayed as provided above, then the number shall be placed near the walk, driveway or entrance to such building and upon a gate, post or fence, so as to be easily discernible from the centerline of the street. Such a display shall be no further away than 15 feet from the curbline. The bottom of such a display shall be no less than 30 inches above the level of the ground nor shall the top of such display be more than six feet above the ground.
f. 
All numbers posted pursuant to this section shall be of reflective material or of sufficient visual contrast to the background material to be easily discernible at night with the aid of an emergency vehicle spotlight.
[1972 Code § 22-4.5; Ord. No. 716-83 § 2]
a. 
Where any building has more than one entrance serving separate occupants, a separate number shall be assigned to each entrance serving a separate occupant and shall be posted as otherwise provided in this section.
b. 
Where only one number can be assigned to any one house or building, the suffix "a", "b", "c", etc., as may be required, shall be used to designate each separate entrance serving a separate occupant.
c. 
Where any building or complex of buildings is so structured that all separate entrances serving separate occupants and the numbers assigned to them are not clearly visible from the centerline of the street, then the number for each separate entrance shall be placed near the walk or driveway from the street to such separate entrance and upon a gate, post, fence or other appropriate place so as to be easily visible from the centerline of the street. The height limitations on such a display shall be the same as those provided in subsection 20-11.4e.
d. 
For all multi-family buildings having apartment doors opening on interior halls, each door shall have a number no less than two inches high affixed thereon and all hall entryways shall have on the exterior thereof a display indicating the sequence of apartments served by such entryway.
[1972 Code § 22-4.6; Ord. No. 716-83 § 3]
Subsections 20-11.4 and 20-11.5 shall be enforced by the Construction Official of the Township of West Orange, who is empowered to order in writing the remedying of any condition found to exist in violation of any provision of subsections 20-11.4 and 20-11.5. The owner or agent of a building or premises, if a violation of any of the provisions of these subsections shall exist, or the lessee or tenant of any part of the buildings or premises in which such violations shall exist, or agent, architect, builder, contractor or any other person who shall commit, take part or assist in any violation or who shall maintain any building or premises in which any violation of these subsections shall exist, or the persons so violating same who refuse to correct the violations within one month after written notice has been mailed to them shall, for each and every violation of the provisions of subsections 20-11.4 and 20-11.5 be subject to a maximum fine of not more than $25. Each and every day that such a violation continues after this notice, as hereinabove prescribed, shall be considered a separate and specific violation of these subsections. Existing number installations which essentially meet the requirements and/or spirit of these regulations may be granted approval by the Construction Official without further alterations.
[Ord. No. 1090-91 § 1]
If after investigation the Construction Official determines that any owner, occupant or agent of any owner or occupant is using the number assigned to the house, store, office building or other building or structure of another, written notice shall be given by the Construction Official to the violator to correct this violation within 30 days. If the violation is not corrected within the thirty-day grace period, the violator shall be subject to a fine of $50. Each and every day that the violation continues after the grace period shall be considered a separate violation of this subsection.