[HISTORY: Adopted by the Mayor and Council of the Borough of Prospect Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-1919 (Ch. 39, Art. I, of the 1974 Code)]
[Amended 12-15-2014 by Ord. No. 2014-12; 4-15-2019 by Ord. No. 2019-7; 10-19-2020 by Ord. No. 2020-17; 12-20-2021 by Ord. No. 2021-18]
It shall be unlawful for any person, firm or corporation to dig, make any excavation, or opening or disturb the surface in any public street, boulevard, highway, public alley or sidewalk in the Borough of Prospect Park for any purpose whatsoever, except under the control and direction of the Borough Administration. No person, firm or corporation shall make any opening or cause any opening to be made in any public street, boulevard, highway, public alley or sidewalk in the Borough of Prospect Park for the purposes of making any connection with any sewer, water, or gas main, pipe or conduit or for the erection of any pole for any other purpose whatsoever without first obtaining a permit from the Borough Clerk in conjunction with the Director of Public Works and the Construction Official. No person, firm or corporation shall make any opening or cause any opening to be made in, or repair or replacement of, any sidewalk in the Borough of Prospect Park without first obtaining a permit from the Construction Official for same.
[Amended 8-18-1955; 12-15-2014 by Ord. No. 2014-12; 4-15-2019 by Ord. No. 2019-7;10-19-2020 by Ord. No. 2020-17]
A. 
Excavation permit.
(1) 
Applications for permission to make an excavation in any in any public street, boulevard, highway, public alley or sidewalk shall be made on blanks furnished by the Borough Clerk, specifying the length, width and purpose of such excavation and the time when such excavation is to be made. In addition, the application shall include the following information:
(a) 
Detailed plan describing the work to be performed;
(b) 
Name of person performing said work;
(c) 
Name of the person for whom said work is to be performed;
(d) 
Number of square yards of the surface to be opened;
(e) 
Cubic content of the surface to be excavated;
(f) 
Date of commencement and estimated date of completion.
(2) 
Permit fees.
[Amended 12-20-2021 by Ord. No. 2021-18]
(a) 
Each application for an excavation shall be signed by the individual seeking the permit or an authorized agent and the owner or agent of the owner of the premises for which the excavation is to be made, and shall also contain a permit fee as follows:
Roadway Type
Quantity
(square yards)
Fee
Concrete roadways
Up to 5
$800
Each additional
$100
Bituminous concrete, macadam, etc., roadways
Up to 5
$300
Each additional
$30
(b) 
The amount of the permit shall be computed by multiplying the trench length in feet by the trench width in feet, divided by nine, which produces square yards. No fractions of area will be used. The value shall be rounded up to the nearest square yard. In addition to the permit fee, in the event the Borough Engineer determines that, in reviewing the permit application, the roadway excavation will require an inspection by the Borough Engineer or a consulting engineer, the applicant shall be required to post an escrow in an amount equal to 150% of the estimated cost of such inspections prior to the issuance of a permit.
(3) 
Every such applicant shall agree to restore the sidewalk area to at the very least the same conditions it was prior to making the excavation and to restore the street, boulevard, highway, public alley by the use of cold patch or other temporary surfacing to a condition satisfactory to the Borough Engineer and/or the Director of the Department of Public Works and will pay on demand any cost or expense that the Borough may incur in restoring the pavement to its permanent condition, said cost, if any, to be incurred within 18 months from the time such excavation is made.
B. 
Bond requirement. No excavation permit shall be granted to any applicant until the applicant shall give a satisfactory bond to the Borough in such form and for such amount as shall be determined by the Borough Engineer as set out below. Such bond shall be conditioned upon the applicant's restoring the public place to a condition at least as satisfactory as that which existed prior to the excavation, and for maintaining same for a twoyear period from the date of the final inspection thereof by the Borough Engineer following completion of such restoration work, at no cost to the Borough.
[Added 12-20-2021 by Ord. No. 2021-18[1]]
(1) 
The bond shall be in an amount equal to the total cost of the work to be performed.
(2) 
In the event that the total estimated cost of the work to be performed shall not exceed $500, then, in lieu of a bond, the applicant shall be required to deposit as the security aforesaid a certified check in an amount equal to the anticipated cost of construction, and in no event shall an applicant submit security of less than $100.
(3) 
In lieu of posting a bond with respect to each permit, any public utility corporation having the lawful right to construct or maintain pipes, conduits or tracks in any public street or place may file with the Borough Engineer a bond running to the Borough of Prospect Park in the sum of $5,000, conditioned for the making of all excavations in accordance with the provisions of this article, and further conditioned that it will restore the pavement of any roadway excavated, torn up or disturbed by it, or under its authority to the satisfaction of the Borough Engineer within five days after notice from the Borough Engineer, and that in case of its failure to do so, it will, upon demand, pay to the Borough of Prospect Park the cost of restoring such pavement. Such bond shall be renewed at least once in each calendar year and more often if required by the Borough Engineer. Such corporation, upon filing such bond, shall be entitled to make excavations for the purpose of the construction or maintenance of its pipes, conduits or tracks for a period of one year without the requirement of furnishing separate bonds for each permit.
(4) 
Said application shall also be accompanied by an eighteen-month performance bond with a minimum of $1,000 for all Borough roads. When all construction work is completed to the satisfaction of the Director of Public Works or the Construction Subcode Official and no defects or repairs exist within an eighteen-month period, the performance bond shall be released to the contractor. After completion of any repairs or repaving or all construction work and if the same shall settle, crack or have cause to require repairs or other corrections by reason of defective construction, repairing or repaving or by reason of failure to follow the requirements and specifications of this article, the duly registered contractor shall remedy the defects to the satisfaction of the Director and/or the Construction Subcode Official and be responsible for costs in excess of the performance bond.
[1]
Editor's Note: This ordinance also redesignated former Subsection B as Subsection C.
C. 
Sidewalk repair/replacement permit.
(1) 
Applications for permission to repair or replace a sidewalk shall be made on blanks furnished by the Construction Official, specifying:
(a) 
Detailed plan describing the work to be performed;
(b) 
Name of person performing said work;
(c) 
Name of the person for whom said work is to be performed;
(d) 
Number of square yards of the surface to be opened;
(e) 
Cubic content of the surface to be excavated;
(f) 
Date of commencement and estimated date of completion.
(2) 
Each application for a sidewalk repair/replacement shall be signed by the individual seeking the permit or an authorized agent and the owner or agent of the owner of the premises for which the repair/replacement is to be made, and shall also contain a permit fee of $75. The $75 permit fee shall apply only once to a property owner and/or contractor on behalf of a property owner who seeks to repair/replace both sidewalks on a corner property as long as the repair/replacement is to occur at the same time.
(3) 
Every such applicant shall agree to repair/replace the sidewalk area to a condition satisfactory to the Construction Official.General Requirements.
D. 
General requirements.
[Added 12-20-2021 by Ord. No. 2021-18]
(1) 
All work shall be subject to inspection by the Borough Engineer or his/her authorized representative. The contractor or public utility corporation shall provide not less than 72 hours' notice to the Borough Engineer prior to the commencement of work.
(2) 
Whenever possible, excavations shall be made on either side of the pavement, and pipes to be laid shall be driven from one excavation to the other so as not to disturb the pavement. No boring under the pavement of any road shall be done except by special permission of the Borough Engineer and under his supervision. When necessary to excavate across the entire roadway of any road, the work shall be performed so that at least 1/2 of such road shall remain open for traffic. No person shall permit any street or road to be closed to travel by reason of any excavation made therein pursuant to this article without the prior approval of the Borough Engineer or Chief of Police. A paving breaker shall be used on all excavations.
(3) 
No opening in the paved section of any road shall be less than two feet wide nor more than three feet wide, and such openings shall be made so that the width at the bottom shall be less than the width at the surface of the pavement.
(4) 
Prior to excavating in concrete areas, the sides of the opening shall be cut with a masonry saw to a minimum depth of one inch. Prior to excavating in bituminous pavement areas, the sides of the openings shall be cut to the full depth of the pavement. In any excavation, the edges of the excavation shall be trimmed to a neat regular line, and in no event shall there be excavation or disturbing of a surface area larger than that which is required for the work to be performed.
(5) 
Once commenced, all work shall be prosecuted diligently and as expeditiously as possible and completed in as short a time as possible.
(6) 
If any permittee shall fail to proceed promptly once excavation work has commenced and shall fail to promptly restore the work area after completion of excavation work, the Borough Engineer may serve such permittee with a written notice demanding that he complete such work within such fixed period of time thereafter as the Borough Engineer deems reasonably necessary for such purpose. In the event that the permittee does not conform with such notice, then the Borough Engineer may cause the said work to be done and shall charge the cost thereof to the permittee, which cost shall either be repaid to the Borough from the bond or certified check deposited with the Borough by the permittee or collected directly from the permittee.
(7) 
All work shall be performed in such manner and at such times as to minimize interference with public travel.
(8) 
Whenever building permits are issued for new construction involving heretofore undeveloped land or land cleared by demolition or the renovation to an existing structure results in an increase of at least 1,000 square feet of floor area on properties abutting a street, the owner/developer shall be required to construct Borough improvements along the entire frontage of his property abutting the street, unless the Borough Engineer determines that the Borough improvements are not in need of such reconstruction. Construction of said improvements shall require the acquisition of street opening permit(s) in accordance with this article. No certificates of occupancy shall be issued without recommendation by the Borough Engineer that the developer has complied with the requirements of this section. An exemption from the requirements of this section may be granted by the Borough Engineer. Said exemptions shall be based upon, but not limited to, a review of the current condition of the existing street improvements to which the property abuts.
E. 
Erection of lights and barriers and traffic controls.
[Added 12-20-2021 by Ord. No. 2021-18]
(1) 
During the course of the work, the permittee shall maintain safe pedestrian crossings along the line of the work and keep same properly guarded by suitable barricades and warning signs during the day and by barricades and lights at night and, where possible, shall cover work openings with steel road plates when work is not in progress, with all signs and procedures to conform with procedures and specifications set out in the current edition of the Manual on Uniform Traffic Control Devices, issued by the United States Department of Transportation, Federal Highway Administration.
(2) 
The Chief of Police shall determine whether additional traffic control measures are required, including the use of police traffic personnel. In the event police traffic personnel are required, the Chief of Police may require that the applicant post an escrow with the Borough in an amount sufficient to cover the cost thereof during the anticipated duration of the work.
F. 
Backfilling.
[Added 12-20-2021 by Ord. No. 2021-18]
(1) 
All backfilling of excavations under this article shall be completed within the time stated in the permit. All excavation shall be backfilled with dense graded aggregate base material or material approved by the Borough's Standard Construction Details.
(a) 
Backfill shall be placed in layers not exceeding six inches (15.24 cm), and each layer shall be compacted in such a manner as to eliminate all voids.
(b) 
Compaction shall attain a density of at least 90% of the maximum density possible.
(2) 
No backfilling shall take place prior to inspection by the Borough Engineer, and without such continued inspection during the course of the backfilling as the Borough Engineer shall designate, and which, in his/her judgment, is necessary to ensure proper backfilling of the excavation.
(3) 
In the event that such backfilling shall take place contrary to directions of the Borough Engineer or without inspection by the Borough Engineer, the Borough Engineer may require such remedial action as he/she deems necessary, including but not limited to removal of all of the backfilling material, alteration thereof, testing thereof, or leaving same in place for a prescribed period of time during which the Borough Engineer shall evaluate the sufficiency thereof.
G. 
Restoration.
[Added 12-20-2021 by Ord. No. 2021-18]
(1) 
Following completion of excavation work, including excavations commenced for emergency repairs, the area in which such excavation has taken place shall be restored to a condition at least as satisfactory as that which existed prior to the excavation, including curb-to-curb resurfacing for any roads which were repaved within the previous five-year period. Such restoration work shall be performed according to the requirements of the Borough Engineer as follows:
(a) 
Pavement areas.
[1] 
Temporary restoration. The permittee shall immediately upon backfilling and compaction of the trench place a two-inch layer of HMA 19M64 bituminous stabilized base course or equivalent. If conditions warrant, in the opinion of the Borough Engineer, the permittee shall place six inches of DGA as a base material prior to placing the bituminous stabilized base or equivalent. The permittee shall maintain the condition and grade of the temporary pavement at all times until the placing of permanent paving. The temporary pavement shall remain in place no more than three months or as directed by the Borough.
[2] 
Permanent restoration of asphalt roadway. The temporary pavement shall be removed to the depth of approximately eight inches below the adjacent road surface. All edges should be saw-cut as required prior to placing the permanent pavement. All surfaces of existing pavements, casings and structures should be tack coated with an asphalt oil. The permittee shall then place six inches of bituminous stabilized base course in two layers, compacting the material to a grade of two inches below the adjacent roadway. The permittee shall then place two inches of HMA 9.5M64 surface course to the level of the adjacent pavement. All permanent restoration shall be performed per Borough detail as filed with the Borough Engineer.
[3] 
Permanent restoration of concrete roadway. The temporary pavement shall be removed to the depth of approximately 12 inches. All edges should be saw-cut as required prior to placing the permanent pavement. The permittee shall then place 8 inches to 12 inches of concrete pavement to match existing conditions. For asphalt surface with concrete base roadways, the permittee shall then place two inches of HMA surface course on top of the concrete base course to the level of the adjacent pavement. All permanent restoration shall be performed per Borough detail as filed with the Borough Engineer.
(b) 
Shoulder restoration. The permittee shall immediately upon backfilling and compaction of the trench restore the shoulders per the Borough Engineer's requirements.
(c) 
Driveway openings. The permittee shall replace all driveways in kind under the requirements of pavement or shoulder restoration specifications, depending upon the type of the original pavement.
(d) 
Lawn areas. The permittee shall top soil and sod or seed, as directed by the Borough Engineer, all lawn areas disturbed during the construction operation.
(e) 
Sidewalks. The permittee shall remove all temporary bituminous pavement and replace sidewalk with concrete within a month to Borough standards detail as filed with the Borough Engineer.
(2) 
The permittee shall be required to maintain and repair any defect or imperfection that appears in such restored excavation area within a period of two years of the date of final inspection thereof by the Borough Engineer following completion of such restoration work.
(3) 
If the permittee under this article shall have failed to restore the surface of the street or other disturbed area to its proper condition upon the expiration of the time fixed by the permit or shall otherwise have failed to complete the excavation work covered by the permit, the Borough shall have the right to direct completion of all work and things necessary to restore the street or other disturbed areas and to otherwise complete the excavation work.
(4) 
The permittee shall be liable for the actual cost thereof and an additional 25% of the cost in addition for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amounts paid out and due to the Borough for the work and shall apply any funds of the permittee deposited as provided in this article toward the payment of the amount due it, and the Borough shall also enforce its rights under the permittee's surety bond provided pursuant to this article.
(5) 
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition.
[Added 8-18-1955]
Any municipal body or public utility company may, with the Council's permission, make its own permanent repairs to the street, avenue or highway, provided it is first authorized by the Council to do so.
[Added 12-15-1955; amended 12-15-2014 by Ord. No. 2014-12; 4-15-2019 by Ord. No. 2019-7;10-19-2020 by Ord. No. 2020-17]
The provisions of § 166-2A of this article pertaining to the requirement of a performance bond shall not apply to public utility corporations as defined in N.J.S.A. 48:2-13, provided that such public utility corporation files with the Treasurer of the Borough of Prospect Park a bond in the sum of $2,000, without separate surety, naming the Borough of Prospect Park as obligee, conditioned upon compliance with the applicable provisions of this article with respect to each opening to be made by such public utility corporation in the Borough, which bond shall further provide that the obligation thereof shall be a continuing obligation to the full amount of the said bond for each opening. The bond shall indemnify the Borough for all cost of temporary or permanent restoration of any road, street or pavement which may be opened or excavated by such public utility company, its employees or agents, to as good a condition as the same was at the time of the opening thereof, in the event the public utility company does not itself do so. The bond shall further provide the obligation thereof shall be a continuing obligation to the full amount thereof for each opening of any road, street or pavement.
[Added 12-15-1955]
In the event of an emergency a public utility company may make the necessary street opening and repairs prior to securing a permit; however, a permit must be taken out within 48 hours after such opening is made.
[Amended 8-18-1955]
The person or persons, corporation or corporations to whom a permit is issued shall, within five days, replace the earth and temporarily pave the excavation in the street, avenue or highway so that it meets the standards set down by the Street Foreman or the Borough Engineer.
[Amended 4-19-1951]
After the expiration of three months from the date of the permanent filling of any such excavation, the Borough Clerk shall return to the applicant the deposit so made for such permit, less $5 for inspection fees and less any cost or expense incurred by the Borough for the restoration by it of the excavated area to the same condition it was prior to said excavation.
The Borough Council may at any time revoke and annul any permit issued by the Clerk when it shall deem it for the best interest of the Borough so to do, without being liable in any way for damages by reason of such revocation.
[Amended 12-15-2014 by Ord. No. 2014-12; 4-15-2019 by Ord. No. 2019-7; 10-19-2020 by Ord. No. 2020-17]
The persons or corporation to whom any permit is granted under the provisions of this article shall keep the excavation and/or sidewalk and adjacent areas properly guarded and at night shall have light placed thereat and, in doing the work, shall interfere as little as possible with travel along such street, and no greater part of such street and/or sidewalk shall be opened at any time than shall be allowed by the Director of Public Works or the Construction Official. The person or corporation to whom any permit is issued under this article shall be fully responsible for providing proper signs, guards or lights or other safety devices to protect persons or property against injury and damage until the surface of the street and/or sidewalk is fully restored to its former or proper condition. Such person or corporation shall indemnify and save harmless the Borough, its employees, officers and agents, from any loss, costs or damages sustained by any person or persons by reason of such excavation, opening, or repair or by reason of the manner in which such excavation, opening or repair is made, guarded or protected.
[Amended 11-13-1995 by Ord. No. 1995-6]
Any person or corporation making any such excavation without having first obtained a permit for that purpose, as herein provided in the article, shall be liable to the provisions stated in Chapter 1, Article II, General Penalty.
[Adopted 7-21-1949 (Ch. 39, Art. II, of the 1974 Code)]
All permanent excavations having a depth of more than eight feet and a perimeter in excess of three feet heretofore or hereafter made on any premises in the Borough of Prospect Park shall have a proper fence erected around such excavation for the purpose of preventing the public or any member thereof from falling therein.
Said fence shall be of sufficient strength and height, not to exceed eight feet, and so constructed of such material and in such manner as to prevent any member of the public from going under it or through it to the edge or brim of such excavation.
As to any such excavation wholly or partially made prior to the passage of this article, the owner or occupant of the land on which such excavation exists shall erect or cause to be erected a fence complying with the provisions of this article within 40 days from the final passage hereof.
As to excavations within the provisions of this article made after the passage hereof, such fence shall be erected prior to any time or period of time the excavation shall be left unattended and not properly and adequately guarded by competent workmen or watchmen.
Any temporary excavations within the provisions of this article shall have barricades erected around such excavation at such times and hours that such excavation is not being worked on. Said barricades shall be lighted during the hours of darkness so that the same shall be visible to members of the public.
As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual or partnership and any and all members thereof, a corporation or other form of business entity.
TEMPORARY EXCAVATION
An excavation that will be filled in or have a building erected thereon within 20 days from the date the excavation is completed.
The owner or occupant or person in charge or in control of any land whereon an excavation coming within the provisions of this article exists or is made shall erect or cause to be erected the fences or barricades provided for herein and cause lights to be placed thereat.
[Added 12-15-2014 by Ord. No. 2014-12; amended 4-15-2019 by Ord. No. 2019-7; 10-19-2020 by Ord. No. 2020-17]
Any person aggrieved by any action of the Director of Public Works in the Borough of Prospect Park and/or the Construction Official in the application or enforcement of any provision of this article shall have a right of appeal to the Borough Council. Said appeal must be taken within 14 days after the action complained of has occurred. Appeals shall be made to the Borough Council, in writing, setting forth the reasons for the appeal. The Borough Council thereupon shall set a date for a hearing to take place within 30 days after the receipt of the request for a hearing.
[Amended 11-13-1995 by Ord. No. 1995-6]
Any person who shall violate any of the provisions of this article shall, upon conviction, be liable to the provisions stated in Chapter 1, Article II, General Penalty.