Editor's Note: Prior ordinance history: 5/26/58, 11/21/66, 1995-02, 002/00, 036/00, 019/02, 005/04, 008/04, 005-07.
No person, company, firm or corporation shall remove, dig into, disturb, excavate, take up or cause or procure to be removed, disturbed, excavated or dug up the surface of any public place or any pavement or concrete therein, except upon written permission of the Construction Official whose duty it shall be to grant such permission when all of the requirements of the section for granting same have been complied with by the applicant. A separate permit will be required for each project except for street openings pertaining to the installation of light poles.
[Ord. No. 20-12; Ord. No. 10-2016]
No permit shall be issued for a newly constructed street, which street shall have been constructed after the passage of this chapter for a period of five years from the date of acceptance of such construction, except in cases of emergency as described in Section 19-1.11, or otherwise authorized by the Mayor and Council. If a permit is allowed and issued, then all roads must have the pavement surface restored using infrared techniques or equal.
Ninety days prior to the start of construction of permanent pavement on any street, the Construction Official shall notify, in writing, all property owners of record on such street, all utility companies serving such street, and the Town Administrator of such construction and of the provisions of this section. Sidewalks shall be exempt from the provisions of this section.
Application for permission to make an opening as above shall be made in writing and signed by the properly authorized person on a blank form to be furnished by the Construction Official upon payment of a fee of $150. Each application shall state the location and approximate size of the opening to be made. No permit shall be deemed to authorize anything not stated in the application, and the applicant shall confine his work within such limits in order that the work of repaving shall be as small as possible.
The work on any opening to be made under the permit provided for in this section shall be commenced within 30 days from the date of said permit and the work prosecuted with diligence to its completion. If, for any reason, work is not commenced within said period of 30 days, the permit shall become void unless within such a period of 30 days, the applicant shall present the permit to the Construction Official who shall thereupon either return the deposit or extend the time from the beginning of said work for another period of 30 days by endorsement on the permit.
[Ord. #18-10; Ord. No. 06-2018]
The applicant shall deposit with the Construction Official before any permit is granted the sum of $1,500 for each and every proposed opening not more than 20 feet in length in paved or unpaved streets or public places, and when the proposed opening shall exceed 20 feet of length, the applicant shall pay the sum of $200 for each additional 20 feet of length or fraction thereof. This amount shall be retained by the Town for a period of 12 months from the date of completion to guarantee the proper performance of the work done by the applicant and the maintenance thereof in good condition by the applicant. If, during such period of 12 months, the opening shall settle or any street surface over such opening shall require repairs, except where pavement has been resurfaced or repaired by the Town, as hereinafter provided, and the applicant shall fail to make such repairs as required within seven calendar days after the service or mailing of a "Notice to Repair Street Opening" from the Construction Official to do so, then the Construction Official may cause such repairs to be made and pay the cost thereof from said deposit.
Any reimbursement/payment of any road opening permit in relation to this section shall be paid directly from the escrow account.
All openings in pavement or public places shall be made and all excavations and backfilling shall be done by the applicant to whom the permit is issued as hereinbefore provided. Said applicant shall give 48 hours' notice prior to the commencement of a pavement opening, as well as 48 hours' notice prior to the commencement of the backfilling thereof to the Construction Official, the Operations Manager of the Department of Public Works, and the Town Engineer, which notice may be given at the time of the application for a permit therefor.
All excavations shall be made in open trenches except where otherwise permitted by the Construction Official and/or the Town Engineer. The sides of the excavation shall, when necessary, be suitably supported in compliance with all applicable local, State and Federal regulations including OSHA. Supports shall be installed as the work progresses unless the Construction Official or Town Engineer shall order otherwise. All trenches shall be backfilled in accordance with subsection 19-1.6A.
Where excavation is made in a tunnel beneath a concrete pavement or beneath a pavement having a concrete base, the tunnel shall be backfilled with an appropriate soil/cement mixture or other approved material which must be compacted in place so that the cavity is completely filled and there is no settlement.
Material used to backfill street or sidewalk openings shall be appropriate for the particular location in accordance with the diagram issued with the permit. All sidewalks are to be poured on four inches of clean 3/4 inch gravel. All sidewalks are to be a minimum four inches thick.
All openings must be inspected prior to backfilling.
The holder of the permit must notify the Construction Official when the necessary inspections are to be made.
Editor's Note: The diagram referred to herein is included in the attachment at the end of this chapter.
All openings in sidewalks and paved roadways shall be temporarily covered with a minimum two-inch thick layer of bituminous paving material and maintained until the installation of the permanent surface. The top of the trench shall not be higher than one inch above the adjacent paving. When practical, the permanent base shall be installed to support the temporary surface paving material.
Any opening made in a paved street or sidewalk area is to be temporarily paved the same day it is backfilled. Where this is not practical, barricades and suitable lighting shall be placed around the area and the area shall be protected with a suitable cover to withstand any auto, truck or similar vehicle from entering the excavation until such time as the opening is temporarily or permanently paved.
Permanent pavement shall be installed after the backfill has had sufficient time to settle and field conditions are favorable for same. All permanent pavement shall, however, be installed within a maximum of three months. Every effort shall be made to install permanent paving and complete same prior to the commencement of the winter season.
All road openings within the County right-of-way must be restored in accordance with the Hudson County Road Opening Standards.
The excavation and all piles of excavated materials or any materials used in the work for which a permit is issued shall be guarded and lighted by the applicant who shall be liable for all damages caused by his negligence in the prosecution of the work or his negligent failure to properly guard or maintain same.
Nothing contained in this section shall be construed as requiring the issuance of a permit for the performance of any work undertaken by County or State agencies or the Town.
Any public utility subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey, which desires to obtain permits under the provisions of this section may in lieu of the provisions hereof requiring deposits under subsection 19-1.4 provide a bond which may be the bond of such public utility solely, in the penal sum of $10,000 running in favor of the Town, and file same with the Town Clerk. Such bond shall be conditioned upon compliance with the applicable provisions of this section in respect of each street opening which shall hereafter be made by such public utility in the Town and the obligations of such bond shall be a continuing obligation in the full amount thereof in respect to each street opening.
Street openings may be made without the necessity of a written application as provided for subsection 19-1.1 in emergencies, such as broken or frozen water mains or other circumstances, which would endanger public welfare, health and safety, provided that notice thereof shall be given, as soon as practical, verbally to the Director of Public Safety. Written application for a permit shall nevertheless be made to the Town as soon as may be convenient, but in any event within 48 hours, all in accordance with subsection 19-1.1.
[Ord. 11/21/66 § 1; Ord. #002/00; Ord. #008/04]
The owner of premises abutting or bordering upon any street shall jointly and severally be responsible for removing snow and ice from abutting sidewalks for a distance of four feet from the property line of the abutting premises within 24 hours after the snow has fallen or the ice has formed.
[Ord. 11/21/66 §§ 2 - 4]
In order to keep the streets and thoroughfares of the Town open to traffic after a snow storm, it shall be unlawful for any person, personally or by agent, to throw or otherwise convey snow or ice off his premises or off the sidewalk or areaway in front thereof, upon the street after the Town has caused such street to be opened up for traffic by plowing.
No snow or ice shall be thrown in the area of a fire hydrant so as to interfere with the use of the fire hydrant.
No snow or ice shall be thrown from the premises, areaway, or sidewalks upon any crosswalk at intersections of the streets so as to interfere with and impede the use thereof by pedestrians.
[Ord. 11/21/66 § 5; Ord. #005/04; Ord. #03-11]
Each person violating any of the provisions of this section, shall, upon first conviction be liable to a penalty of $50 to $500. Any second or subsequent conviction shall be liable to the penalty as stated in Chapter 1, Section 1-5. Each offense shall constitute a separate violation for each and every day in which the offense exists.
All persons or entities are prohibited from dismantling, repairing or servicing motor vehicles on the Guttenberg public streets whether for commercial or private purposes, except for emergency repairs or minor adjustments, and in such cases, any dirt, litter, grease, oil, gasoline or other matter will be thoroughly cleaned promptly from said public street or sidewalk.