It shall be unlawful for any person, firm or corporation to make any excavation in, or tear up, the surface of any public road, street, or right-of-way area, in the Borough of North Caldwell for any purposes whatsoever, without a written permit first had and obtained from the Borough Clerk, except roads or streets under the control of the County of Essex.
See also Chapter 99 for Pre-Construction Meetings.
[Added 12-15-2020 by Ord. No. O-15-20]
[Added 12-15-2020 by Ord. No. O-15-20]
A.
No such permit will be granted under this article by the Borough Clerk for openings in excess of 35 square yards until the application for the permit is approved by the Borough Council. Payments and fees shall be made in accordance with the schedule set forth in § 88-27, below. In addition to such fee, the applicant shall make a cash deposit, or at the Borough's option, give a surety bond to the Borough in accordance with § 88-24A.3, below, with such surety as may be approved by the Borough Attorney, conditioned for the filling in of the excavation and restoration of the road surface to the satisfaction of the Borough Council, or for the payment of all expenses of doing such work upon certification by the Borough Engineer of the cost thereof.
B.
All restoration of the street excavation shall conform to the New Jersey Department of Transportation (NJDOT) Standards Specifications for Road and Bridge Construction, latest edition, as amended.
C.
The provisions of this section shall apply as well to public service corporations having franchises to maintain pipes, tracks, or other works on or under the streets of the Borough as to all other persons.
[Added 12-15-2020 by Ord. No. O-15-20]
There shall be a two-year moratorium on the issuance of road opening permits for newly paved streets. Exceptions shall be granted for utility emergencies or road openings that impact the safety and welfare of property owners (e.g., electric service to a new home). Any emergency work or undue hardship shall be approved by the Borough Administrator or their designee.
A.
In the event that exception is granted during the moratorium period, the applicant shall be responsible for limiting the area of disturbance, saw cut all excavations and restore the trench to its original condition, including, but not limited to, the pavement, surface treatments and striping.
B.
The Borough Administrator or their designee may require a larger area of the roadway to be restored to avoid trench marks across the roadway. This will be done in a manner that creates a rectangular patch across the entire width of the roadway.
C.
An initial fee of $500 will be charged to open a road within its moratorium.
D.
All restoration must be done in accordance with specifications provided in the permit.
[Added 12-15-2020 by Ord. No. O-15-20]
Before any such street is opened or improved, the owner or developer shall make application, in writing, for a permit, specifying the nature and location of the opening or improvement which is to be made, and if the street is to be improved, shall furnish the Mayor and Council with a surety bond. Such application shall be accompanied by a surety bond to the Borough, in form and amount satisfactory to the Borough, conditioned for the improvement of such street in accordance with the requirements of this article. The bond shall be issued by a responsible indemnity or guaranty company authorized to do business in the State of New Jersey and shall be in an amount satisfactory to the Borough Council. Should the applicant be denied a permit, said applicant shall have the right to appeal the denial directly to the Borough Council.
[Added 12-15-2020 by Ord. No. O-15-20]
All materials and construction shall conform to and be as directed by the Borough Engineer. All drains, plates and grates shall be of cast iron. If not specifically indicated by the Borough Engineer, all materials and methods of construction shall conform to the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, latest edition, as amended.
[Added 12-15-2020 by Ord. No. O-15-20]
A minimum of three work days' advance notice, in writing, is required to the appropriate Borough department prior to commencement of any construction or mobilization of equipment or forces.
[Added 12-15-2020 by Ord. No. O-15-20]
Whenever a permit shall issue to any person for the opening or excavation of any street, it shall be his duty to properly guard and light the same, and to save harmless the Borough from prosecution or suit by indictment or otherwise for negligence in connection with such excavation or the guarding thereof, and to save harmless the Borough from all liability for damages and costs by reason of negligence. It shall be the duty of the permittee to guard and illuminate the excavation site and, where applicable for confined spaces, to perform the work under the safety standards mandated by New Jersey State law.
[Added 12-15-2020 by Ord. No. O-15-20]
All permits issued under this section shall be construed as if the provisions hereof were fully and at large contained therein.
Application must be made in writing by the person, firm or corporation for a permit for an excavation in or tearing up the surface of any public road, street, or right-of-way area in the Borough of North Caldwell for any purpose whatsoever, except roads, streets, or right-of-way areas under the control of the County of Essex. Such application is to state the purpose of said excavation: sewer, water, gas, telephone or any purpose not specified herein. Permission to make excavation or tear up the surface of a road does not carry any right to make sewer or water connections. A separate permit to make sewer or water connections must be obtained from the proper officials.
No permit will be granted under this article by the Borough Clerk for openings in excess of 35 square yards unless and until the application for the permit is approved by the Borough Council. Payments for the permit shall be made when the permit is obtained. Payments shall be made in accordance with the schedule set forth in § 88-27 below. Areas will be calculated on the basis of a pavement restoration one foot larger on all sides than the actual size of the opening.
[New]
Permits may, by a two-thirds vote of the whole Council, be granted to public utility companies having a franchise to lay pipes, conduits or wires in the public streets of the Borough of North Caldwell, to make excavations in or tear up the surface of public roads, streets or right-of-way areas of the borough and restore the pavement so excavated by the workmen, agents or employees of said public utility company.
It shall be the duty of the licensee to properly guard the excavation by the erection of suitable barriers by day and lights by night, and said licensee shall be liable for any neglect to safeguard the traveling public. If the excavation extends the full width of the road, only 1/2 of it shall be made at one time and it shall be backfilled before the other half is excavated so as not to interfere with traffic. The excavation and backfilling of same shall be made within the time specified in the permit. The excavated material shall not be placed on the unexcavated portion of said road or street in such manner as to delay or obstruct traffic thereon.
[New]
A.
The licensee shall be responsible and liable for the care and maintenance of any opening made under this permit and until such time as the trench has been backfilled as described elsewhere herein and the backfilling operation has been inspected and approved by the borough.
B.
After approval of the backfilling of the trench, the borough shall place and maintain temporary pavement as required and shall, at the appropriate time, and at the direction of the Borough Engineer, permanently restore the pavement, shoulders and sidewalks.
Tunneling will not be permitted under any circumstances, and shall be an unlawful exercise of the privilege under any such permit and a violation thereof.
The licensee shall backfill the excavation within the time specified in the permit, and if not done within the time and no extension of time has been obtained, the same shall be deemed a violation thereof. The material for backfill shall be earth or earth and crushed stone in even quantities; no stone larger than six inches in diameter and no shale rock shall be used. No more than six inches of material shall be backfilled at any time; the same shall be thoroughly moistened and tamped until thoroughly compact. All excess materials shall be removed from the roadway.
The Mayor and Council may, before granting any permit to make any excavation in or tear up the surface of any public road, street or right-of-way area, require that the licensee pay for the hire of any inspector, to be employed by the Borough of North Caldwell, who shall supervise the opening of said road, street or right-of-way area and the restoration of the pavement therein. Said Mayor and Council may require the deposit of a sum of money sufficient to pay for the hire of such inspector.