[1991 Code § 181-4]
As used in this article, the following terms shall have the
meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough as a public
street, as well as any State or County road or highway over which
the Borough has acquired jurisdiction by agreement.
The Superintendent of Public Works of the Borough.
[1991 Code § 181-5]
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Superintendent.
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
When issued, the permit shall be retroactive to the date on which
the work was begun.
C.
The Superintendent may issue permits to other public bodies without
fee.
[1991 Code § 181-6]
The Superintendent shall refuse the issuance of any permit if
such refusal is in the interest of public safety, public convenience
or public health. If any permit is refused by the Superintendent,
an appeal may be taken to the Borough Council. After hearing the applicant
and the Superintendent and any other evidence as may be produced,
the Borough Council may either direct the issuance of such permit
or sustain the refusal of the Superintendent.
[1991 Code § 181-7]
A.
Applications for a permit shall be made to the Superintendent and
contain the following information:
(1)
The name and address of the applicant.
(2)
The name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(3)
The Borough Tax Map block and lot number of the property for the
benefit of which the opening is to be made.
(4)
The nature of the surface in which the opening is to be made.
(5)
The character and purpose of the work proposed.
(6)
The time when the work is to be commenced and completed.
(7)
The name and address of the workman or contractor who is to perform
the work.
(8)
A statement that the applicant agrees to replace, at his own cost
and expense, the street, curb, gutter and sidewalk and all other improvements
damaged by his work in the manner and within the time schedule stipulated
by the Superintendent.
B.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
[1991 Code § 181-8]
Permits shall be issued under the authority of the Superintendent
and in accordance with the provisions of this article and the regulations
which the Superintendent may establish. The Superintendent shall determine
the initial time limit during which the permit shall be valid.
[1991 Code § 181-9]
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the 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 Superintendent of Public Works.
[1991 Code § 181-10]
Fees shall be paid when the application is made. The applicant
shall be charged a fee of $100 for each permit.
[1991 Code § 181-11]
A.
No permit shall be issued until the applicant has filed a bond or
made a cash deposit in an amount determined to be sufficient by the
Superintendent to cover the cost of the restoration. The Superintendent
may waive the requirements of this section in the case of public utilities
upon the presentation of satisfactory proof that the utility is capable
of meeting any claims against it up to the amount of the bond or deposit
which would otherwise be required. The bond shall be executed by the
applicant as principal and a surety company licensed to do business
in the State of New Jersey as surety.
B.
The bond or deposit 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 Superintendent of Public
Works.
C.
One bond or deposit 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 Superintendent.
[1991 Code § 181-12]
No permit shall be issued until the applicant has furnished
the Superintendent with satisfactory proof that he is insured against
injury to persons and damage to property caused by any act or omission
of the applicant or 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 also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $250,000 for injury to any one
person, $500,000 for injuries to more than one person in the same
accident and an aggregate of $100,000 for property damage for a single
incident. The Superintendent may waive the requirements of this section
in the case of public utilities upon the presentation of satisfactory
proof that the utility is capable of meeting claims against it up
to the amount of the limits of the insurance policy which would otherwise
be required.
[1991 Code § 181-13]
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. The regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
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.
The Police Department shall be informed 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.
The permittee shall have personnel on the job site who have personal
knowledge of the location of valves controlling the water system in
the area of their work and have proper wrenches on the job site to
operate the valves in the case of emergency.
D.
All gutters and drainageways shall be kept open by temporary pipes,
pumping or other appropriate means to avoid flooding or blocking of
surface water. Trained workmen shall be assigned to assure uninterrupted
and adequate plumbing.
E.
The Superintendent may extend the time limit during which the permit
shall, upon application by the permittee, be valid.
F.
All refuse and material shall be removed within 48 hours.
G.
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 Superintendent. Where the Superintendent determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with quarry blend stone or other suitable
material, which shall be placed in layers not exceeding six inches
in depth and thoroughly compacted in the manner prescribed by the
Superintendent. Upon completion of the work, the permittee shall remove
any excess material and leave the premises in a clean condition. If
the Superintendent determines that any backfilled excavation has settled
or caved in, he shall so notify the permittee, who shall promptly
continue backfilling until the Superintendent determines that settlement
is complete.
H.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
I.
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.
J.
If the work is not completed within the time specified in the permit
or any extension granted by the Superintendent or is not performed
in accordance with the regulations set forth in this article and any
other regulations that may be established by the Superintendent of
Public Works, then the Superintendent may complete the work himself
or herself and restore the surface of the street. 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.
[1991 Code § 181-14]
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 Superintendent has determined that settlement
of the subsurface is complete and the area is properly prepared for
restoration.
B.
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
C.
The street surface and foundation shall be restored to the satisfaction
of the Superintendent of Public Works.
[1991 Code § 181-15]
A.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of Work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate unless
extended, in writing, by the Superintendent.
C.
Possession of Permit. A copy of the permit, together with a copy
of the plan, endorsed with the approval of the Superintendent, shall
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized representative
of the Superintendent or to any police officer of the Borough.
D.
Revocation of Permit.
(1)
The Superintendent may revoke a permit for any of the following
reasons:
(a)
Violation of any provision of this article or any other applicable
rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
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 this Code to constitute
a nuisance.
(2)
The procedure for revoking a permit shall be the same as for
the revocation of licenses, except that the initial hearing shall
be before the Superintendent with a right of appeal to the Borough
Council, and the Superintendent may provide in his decision that the
revocation shall not become effective if the permittee corrects the
violation within a specified period of time.
E.
Modification of Permit Conditions. In a special case, the Borough
Council may, by resolution, impose special conditions to which the
issuance of the permit may be subject or may decide that any provision
of this article shall not apply or shall be altered.
[1991 Code § 181-16]
The Superintendent may make any rules and regulations which
he considers necessary for the administration and enforcement of this
article, but no regulation shall 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 Borough Council. Copies of all current regulations shall be
furnished each permittee at the time of the issuance of the permit.
