[1983 Code § 161-1; Ord. No. 2017-11]
As used in this article:
Any person who makes application under this chapter for a
permit.
The duly appointed Borough Administrator, Deputy Administrator
or their designee.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to the public health,
safety or welfare.
The Borough Engineer as appointed by the Borough of Pompton
Lakes, or his designee.
Any person who has been issued a permit pursuant to the terms
of this article.
Any public street, sidewalk, easement, right-of-way, highway,
alley, road or way which has been dedicated to and accepted by the
Borough or maintained by the Borough notwithstanding ownership and
any state or County street over which the Borough may have acquired
jurisdiction by agreement.
The duly appointed Superintendent of Public Works of the
Borough of Pompton Lakes, or his designee.
Construction, reconstruction, repair, tunneling or replacement
of utilities, opening or excavation of any kind, backfilling, removal,
excavation or replacement of pavement, erection or maintenance of
barricades, traffic control devices and associated traffic control
measures.
[1983 Code § 161-2; New]
A.
No person or organization shall make an excavation in, tunnel under,
or disturb the surface of any street or perform any work as defined
in this article in the Borough of Pompton Lakes without first obtaining
a permit from the Borough as hereinafter provided.
B.
A tunnel or excavation, or other work as herein defined, may be commenced
without a permit where an emergency has arisen which makes it necessary
to start work immediately, provided that the application for a permit
is made simultaneously with the commencement of the work or on the
first business day on which the Borough Office is open for business
after the work commences. When issued, the permit shall be retroactive
to the date on which work has begun.
[1983 Code § 161-3]
A.
No permittee shall perform any work authorized by the permit in any
amount or quantity greater than the specifications shown and requested
on the plans provided with the application and as provided by the
permit except as set forth hereafter.
B.
The Borough Engineer or the Borough Administrator may permit additional
work in an amount not to exceed 10% of the permitted amount or quantity.
In such event, no additional deposit or bond shall be required.
[New; 1983 Code § 161-4]
Application for a permit shall be made on the form prescribed
by the Borough and shall contain the following information:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C.
The Borough Tax Map block and lot number of the property for the
benefit of which the opening is to be made, if applicable.
D.
Nature of the surface in which the opening is to be made.
E.
Character, limits and purpose of the work proposed.
F.
Time when the work is to be commenced and completed. All work must
be commenced and completed between April 1 and November 15 except
in case of emergency.
G.
Plans.
1.
Each application shall be accompanied by a set of plans to scale
in quadruplicate showing the exact location and dimensions of all
openings.
2.
When the opening is for the purpose of installing subsurface utilities,
including water, sewer, gas or other pipes, engineering drawings showing
locations of pipes, valves and service line interconnections and appurtenances
shall be furnished, including all necessary and required construction
details as well as a statement of the specifications pertaining to
all pipes, valves and fittings.
H.
The name, address and telephone number of the workman or contractor
who is to perform the work.
I.
A statement that the applicant agrees to replace, at his own cost
and expense, the street, curb, gutter, signs, pavement markings and
traffic striping and sidewalk and any other facility damaged or removed
during the course of the work to current Borough standards as determined
by the Borough Engineer, within 48 hours of the completion of the
work.
J.
All fill shall be properly compacted to 95% of modified factor. The
roadway shall be repaired with six inches DGA, four inches stabilized
bars, and two inches surface course. All applicants shall be required
to either provide half of the width of the roadway or provide the
equivalent in money.
[1983 Code § 161-5]
Permits shall be issued under the authority of the Borough and
in accordance with the provisions of this article and the regulations
which the Borough Engineer and/or the Borough Administrator may establish.
Permits shall be valid for a period of 60 days from the date of issuance
and shall be void after such time period unless extended pursuant
to the provisions of this article.
[1983 Code § 161-6; amended 3-9-2022 by Ord. No. 22-07]
Each permit shall state the identity, address and telephone
number of the applicant, the name of the street, the location where
the work, excavation or tunnel is to be made, the dimensions of the
opening, and the period during which the permit shall be valid. The
original of each permit shall remain on file with the Construction
Code Official and shall be conspicuously displayed at the work site.
[New; 1983 Code § 161-7; Ord. No.
2017-11; amended 3-9-2022 by Ord. No. 22-07]
[1983 Code § 161-8; Ord. No. 2017-11]
A.
No permit shall be issued until the applicant has furnished surety in cash and a restoration guaranty in the amount equivalent to the permit fee set forth in § 13-3.1B, $100 per square yard of road opening surface area.
[Amended 3-9-2022 by Ord. No. 22-07]
B.
The restoration guaranty shall be in the form of a cashier's check
or equivalent payable to the Borough of Pompton Lakes. The Mayor and
Borough Council may waive the restoration guaranty in the case of
public utilities upon the presentation of satisfactory proof that
the public utility is capable of meeting any claims against it up
to the amount of the guaranty which would otherwise be required.
C.
Bond.
1.
The bond shall be executed by
the applicant as principal with a surety company licensed to do business
in the State of New Jersey as surety, and shall be conditioned as
follows:
(a)
To indemnify and hold harmless the Borough, its officers, agents,
servants and employees from all loss, damage, claim or expense, including
expenses incurred in the defense of any litigation arising out of
injury to any person or property resulting from any work done by the
applicant under the permit.
(b)
To indemnify the Borough for any expense incurred in enforcing
any of the provisions of this subsection.
(c)
To indemnify any person who shall sustain personal injuries
or damage to his property as a result of any act or omission of the
applicant, his agents, employees or subcontractors done in the course
of any work under the permit.
(d)
The bond shall also be conditioned upon the applicant's restoring
the surface and foundation of the street for which the permit is granted
in a manner acceptable to the Borough Engineer or his designee.
2.
One bond may be accepted to cover a number of excavations by the
same applicant. Bonds shall remain in force for a period to be determined
by the Borough.
D.
Notwithstanding any other language of this section, no bond or restoration
guaranty is required for the construction, reconstruction or repair
of sidewalks.
[1983 Code § 161-9; Ord. No. 2017-11]
A.
No permit shall be issued until the applicant has furnished the Borough
with satisfactory proof of insurance against injury to persons and
damage to property caused by any act or omission of the applicant,
his agents, employees or subcontractors done in the course of the
work to be performed under the permit. The insurance shall cover all
hazards likely to arise in connection with the work, including, but
not limited to, collapse and explosion, and shall not be subject to
cancellation except after 30 days' notice given by the insurer to
the Municipal Clerk. The limits of the policy of insurance shall be
$1,000,000 for injuries to any person and $5,000,000 for injuries
to more than one person in the same accident, and an aggregate of
$1,000,000 for property damage for a single incident. The policy shall
name the Borough as an additional insured. Self insurers may be relieved
of this requirement in accordance with the applicable provisions of
state law and the submission of certificates thereof acceptable to
the Borough.
B.
The Mayor and Borough Council, with the recommendations of the Borough
Engineer or Superintendent of Public Works and Borough Attorney, may
waive the requirements of this subsection.
C.
Notwithstanding any other language of this section, the insurance
requirements shall not apply to the construction, reconstruction or
repair of sidewalks.
[New; 1983 Code § 161-10]
All permits issued under this article shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times, and
during the hours of darkness shall be provided with proper warning
lights in accordance with the current Manual on Uniform Traffic Control
Devices for Streets and Highways (M.U.T.C.D.) and the NJDOT Standard
Specifications for Road and Bridge Construction. This regulation shall
not excuse the permittee from taking any other precaution reasonably
necessary for the protection of persons or property. All trenches
shall be properly shored in accordance with OSHA standards. The permittee
shall comply with the current Manual on Uniform Traffic Control Devices
to provide adequate warning of an excavation or when required by the
Engineer, Borough Administrator or Police to provide signs, barricades,
pavement markings or warning lights.
B.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Chief of Police.
During the regular school year, all street closures and openings shall
commence after 9:00 a.m., and all streets shall be open for public
use not later than 3:00 p.m. The Police Department and all residents
and businesses located within the construction area shall be notified
by the permittee of all street closings at least 24 hours in advance,
except where the work is of an emergency nature, when notice shall
be given to the Police Department when work commences.
C.
Upon application by the permittee, the Borough Engineer or Borough
Administrator may extend the time limit during which the permit shall
be valid.
D.
At the conclusion of each workday, the street shall be swept with
a mechanical sweeper. All refuse and material shall be removed from
the work site within 48 hours.
E.
Prior to the commencement of excavation, all existing pavements shall
be sawcut in a straight line and all concrete curb and sidewalk shall
be removed to the nearest point. All excavations shall be completely
backfilled by the permittee and shall be compacted by tamping or other
suitable means in a manner prescribed by the Borough Engineer. Where
the Borough Engineer or Superintendent of Public Works determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with dense graded aggregate which shall
be placed in layers not exceeding 12 inches in depth and thoroughly
compacted by tamping with a mechanical vibrator or other suitable
means prescribed by the Borough Engineer. The applicant must replace
all shoulder stone to a depth of six inches and thoroughly compact
it to 95% of modified factor with a mechanical compaction device.
Upon completion of the work, the permittee shall remove any excess
material and leave the premises in a clean condition. If the Borough
Engineer or Superintendent of Public Works determines that any backfilled
excavation has settled or caved in, he shall so notify the permittee,
who shall promptly continue backfilling until the Borough Engineer
or Superintendent of Public Works determines that settlement is complete.
F.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
G.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
H.
If the work is not completed within the time specified in the permit
or any extension granted by the Borough Engineer or Borough Administrator
or is not performed in accordance with the regulations set forth in
this subsection and any other regulations that may be established
by the Borough Engineer or Borough Administrator, the Borough Engineer
or Borough Administrator may have the work completed and the surface
of the street restored. The cost of completing the work and restoring
the street shall be charged to the permittee and may be deducted from
his deposit or recovered by an action in any court of competent jurisdiction.
I.
Blasting and use of jackhammers in connection with any work for which
a permit has been issued hereunder shall be prohibited between 4:30
p.m. and the following 8:00 a.m., prevailing time.
J.
Construction equipment shall not be stored, left or positioned on
any street after the completion of each day's work, without the authorization
of the Chief of Police or his designee.
K.
Prior to commencing work, the permittee shall execute any forms which
may be required by the Borough of Pompton Lakes Police Department.
L.
The width of any opening shall not be greater than three feet at
the top, and the sides of the opening shall be perpendicular to the
top and converge to the bottom so that the width at the bottom shall
be less than the width of the surface of the opening. Either the Borough
Engineer or Superintendent of Public Works may approve wider openings.
[New; 1983 Code § 161-11; Ord.
No. 2017-11]
In all cases, the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
A.
No permittee shall commence the restoration of any street, foundation
or surface until the Borough Engineer or Superintendent of Public
Works has determined that the backfill has been properly compacted
and the area properly prepared for restoration.
B.
The existing pavement, after backfill has been completed, shall be
cut to a straight edge by suitable means at least six inches back
from the excavation before the pavement is patched.
C.
The street surface shall be restored to the section designated by
the Borough Engineer or Superintendent of Public Works in the permit
but in no case shall be less than the structural equivalent of the
following: six inches of dense graded aggregate, four inches of asphalt
concrete base and two inches of asphalt concrete surface. All water
and gas and other utilities' mains shall require the roadway to be
resurfaced to half of the width of the roadway.
[1983 Code § 161-12]
A.
When the Borough shall improve or pave any street, the Municipal
Clerk shall give notice to all owners of property abutting the street
that the street is about to be paved or improved and to all public
utilities and authorities operating in the Borough. All persons, utilities
and authorities receiving notice shall request permits under this
article within 20 days of mailing of such notice.
B.
No permit shall be issued by the Borough to any person given such
notice on any new or improved street less than five years old unless
the applicant can demonstrate to the Borough Engineer that the work
is required to protect the public health, safety or welfare or an
emergency exists.
C.
If a permit is issued under this subsection, and except in cases
of emergency, the permittee shall pay a penalty charge equal to 2%
of the cost of restoring the opening for each unelapsed month or part
thereof for the five-year restriction period.
[1983 Code § 161-13]
The Borough Engineer or Borough Administrator is authorized
to refuse the issuance of any permit if such refusal is in the interest
of public safety, public convenience or public health.
[New; 1983 Code § 161-14]
A.
Transferability. Every permit shall apply to the person to whom it
is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 15
days from the date of issuance of the permit. Prior to the start of
work the Borough Engineer shall be notified by the applicant. If work
is not commenced within that time, the permit shall automatically
terminate and permit fees shall be forfeited, unless extended in writing
by the Borough Engineer or Borough Administrator.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Borough Engineer or
Borough Administrator, shall be kept in possession of the person actually
performing the work and shall be exhibited on demand to the Borough
Engineer, Superintendent of Public Works or Borough Administrator
or to any police officer of the Borough.
D.
Revocation of permit. The Borough may revoke a permit for any of
the following reasons:
1.
Violation of any provision of this article or any other applicable
rules, regulations, laws or ordinances.
2.
Violation of any condition of the permit issued.
3.
Carrying on work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or declared by any provision of the Pompton Lakes Borough Code to
constitute a nuisance.
E.
Any person aggrieved by the denial of or revocation of a permit may
appeal to the Mayor and Borough Council, who shall hold a hearing
thereon and shall affirm, reverse, or modify the decision of the Borough
Engineer or Borough Administrator. The Mayor and Borough Council may
provide in their decision that the revocation shall be vacated if
the permittee corrects a violation within a specified period of time.
F.
Modification of permit conditions. In a special case, the Mayor and
Borough Council may by resolution impose special conditions to which
the issuance of the permit may be subject.
G.
After satisfactory compliance with all conditions of the permit as
determined by the Borough Engineer, the restoration guaranty shall
be returned to the applicant and his bond released.
[1983 Code § 161-15]
The Borough Engineer or the Borough Administrator may make any
rules and regulations which he considers necessary for the administration
and enforcement of this article, but regulations shall not be inconsistent
with, alter or amend any provision of this article, or impose any
requirement which is in addition to those expressly or by implication
imposed by this article. No regulations shall be effective unless
they are approved by resolution of the Mayor and Borough Council.
Copies of all current regulations shall be available to each permittee
for inspection at the time of the issuance of the permit at the Borough
Offices.
[1983 Code § 161-16]
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof by a Court of competent jurisdiction,
be subject to the following penalties. Each day such violation shall
be continued shall be deemed and taken as a separate and distinct
offense.
A.
First offense. The Court may enter a sentence of a fine not to exceed
$200 and/or a term of imprisonment not to exceed 90 days.
B.
Second offense. The Court may enter a sentence of a fine not to exceed
$500 and/or a term of imprisonment not to exceed 90 days.
C.
Third or subsequent offenses. The Court may enter a sentence of a
fine not to exceed $2,000 and/or a term of imprisonment not to exceed
90 days.
