[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-21-2022 by Ord. No. 1202-22[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Work and Excavations Within Streets, adopted 11-21-2011 by Ord. No.
1038-11.
As used in this article, the following terms shall have the
meanings indicated:
Any dedicated road, highway, public way, public alley, easement,
or other right-of-way, whether accepted or not accepted by the Borough,
that is maintained by the Borough. The term "street" shall include
all areas within the right-of-way, including curbs and sidewalks.
It shall be unlawful for any person, persons, firm, corporation
or entity of any kind, to disturb or tear up any of the road surfaces
of, or make any excavation in, any of the public streets, avenues,
highways or public places in the Borough, for the purpose of constructing
surface or subsurface improvements or for the purpose of laying, examining,
replacing or repairing of gas mains, water mains, sewers, sewer connections,
telephone conduits, electrical outlets, or for any other purpose,
except and until the consent, permission and approval thereto, in
writing, of the Borough Council, after consultation and review by
the Borough Engineer and/or the DPW Superintendent or his or her designee,
is obtained.
A.
No person shall perform work that affects any portion of a street,
which does not involve an excavation or tunnel without first obtaining
a right-of-way permit.
B.
In case of an unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to person and property,
hereinafter referred to as "emergency," any utility company or provider
(water, gas, electric, cable, telephone, sewer, etc.), resident, property
owner or lessee shall not be required to provide the above information
in advance of the work, but shall do so within 24 hours thereafter,
provided that:
(1)
A true emergency exists and the person(s) or entity doing the excavation
notifies the Borough Police Department; the Police Department shall
log the emergency and inform the DPW Superintendent.
(2)
An application for a permit for the emergency work is filed with
the Borough Building Department within 24 hours of the street opening
or on the next business day, whichever is more practical.
(3)
Said utility, resident, property owner or lessee makes the payment
required for the permit.
(4)
The excavation is performed in accordance with the provisions of
this article.
The Borough Council is authorized to refuse the issuance of
any street opening or right-of-way permit if it ascertains, after
consultation with the DPW Superintendent, Borough Engineer or otherwise,
that such refusal is in the interest of public safety, public convenience,
or public health. If such a permit is refused, an appeal may be taken
to the Borough Council. The Borough Council, after hearing the applicant
and considering the evidence produced, may either direct the issuance
of the permit or sustain the refusal.
A.
All applications for permits referred to in this article shall be
made to the Building Department at least five business days in advance
of the proposed road opening, unless it is an emergency, and shall:
(1)
Specify the name and address of the individual, firm, corporation,
or utility for whose benefit the excavation is to be made.
(2)
Specify the name and address of the excavation, construction and/or
restoration contractor(s).
(3)
Identify the specific location of the proposed excavation and the
width, length, and depth thereof.
(4)
Identify the type of road surface being disturbed.
(5)
Identify the location of any and all utilities, storm drains, sanitary
sewers or sewer mains within 10 feet of the limits of the proposed
opening.
(6)
Identify the excavation start date and expected duration and method
of work or repair.
(7)
Identify the applicable fees for the issuance of the permit as hereinafter
provided, together with the charges as hereinafter set forth.
(8)
Include a signed statement by the applicant agreeing to indemnify
the Borough and hold it harmless from and against any claim, liability,
damage and/or expense, including any attorney fees, arising out of
the granting of the permit or from any negligence or fault of such
applicant, his or her servants, or agents in connection with any of
the excavation performed under or in connection with such permit.
B.
A nonrefundable fee as set forth in § 214-6 shall accompany every application to offset the cost of processing the application and inspection subsequent to the road repair.
C.
Street opening permits shall be valid for one year from date of issuance.
A permit may be extended for up to six months if the permit holder
is actively working in the street at the time of the expiration of
the permit. If the permit holder needs to reopen the street to continue
work after the expiration date of the original permit, a new permit
is required.
A.
In the event that the applicant shall be granted a street opening
or right-of-way permit, the applicant shall be solely responsible
for any and all damages, liability and costs of any nature arising
out of such excavation or work, and the applicant agrees that (s)he
will:
(1)
Indemnify the Borough and hold it harmless 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.
(2)
Indemnify the Borough for any expense incurred in enforcing any of
the provisions of the chapter.
(3)
Indemnify any person who sustains personal injuries or damage to
his/her property as a result of any act or omission of the applicant,
his/her agents, employees or subcontractors done in the course of
any work under the permit.
B.
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the excavation, tunnel
or work is to be made and the dimensions of the opening.
C.
The original of each permit shall remain on file in the Building
Department. The Building Department Technical Assistant shall provide
a copy of same to the applicant, the Chief of Police, the DPW Superintendent
and Borough Administrator.
The applicant shall be charged a nonrefundable fee of $200 for
each permit, which fee shall be paid when the application is made.
Inspections shall be made as required by a Borough representative.
A.
The applicant shall be required to deposit in cash or by certified
check a sum as hereinafter set forth to defray the expense of restoring
the street to its preexisting condition should the permittee fail
to do so. The deposit shall be $2,000 for excavations of areas of
100 square feet or less. For excavations of areas greater than 100
square feet, the applicant shall be required to deposit $3,000 for
excavation work not exceeding a total area of 1,000 square feet. In
the event that the area to be excavated shall exceed 1,000 square
feet, the amount of the deposit shall be determined by the Borough
Engineer; provided, however, that the minimum deposit in such event
shall be $15,000.
B.
The deposit for work within the Borough's right-of-way (not
within or disturbing the roadway) shall be $950.
The deposit paid to the Borough in accordance with § 214-7 shall be held by the Borough until 24 months after the completion of each improvement as a security deposit to guarantee the completion of the improvement and maintenance thereof for 24 months thereafter, pursuant to the terms of the application, in a good and workmanlike manner and in accordance with the specifications and standards of the Borough to the satisfaction of the Mayor and Council. Twenty-four months after such completion and at the applicant's request, the Borough shall return the deposit to the applicant, provided that the work has been properly completed and maintained. Upon failure to complete and maintain the improvement to the satisfaction of the Borough, the Borough may complete and maintain the improvement, using the moneys so deposited or so much thereof as is necessary for such purpose, returning the balance of the deposit, if any, to the applicant after 24 months from the date of completion. If the security deposit is insufficient to pay for the cost of remediating the work, the person or entity responsible shall be obligated to reimburse the Borough for any excess costs which may be collected in accord with the Borough Code.
No permit shall be issued until the applicant has furnished
the Borough with satisfactory proof that (s)he is insured against
injury to persons and damage to property caused, by any act or omission
of the applicant, his/her 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 $1,000,000 for injury to any one
person, $1,000,000 for property damage for a single incident. The
Borough may waive the requirements of this section in the case of
public utilities upon the presentation of satisfactory proof that
it is capable of meeting claims against it up to the amount of the
limits of the insurance policy which would otherwise be required.
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. This 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.
C.
All refuse and material generated by the project shall be removed
within 48 hours.
D.
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 DPW Superintendent. Where the DPW Superintendent
determines that the excavated material is unsuitable for backfill,
the permittee shall backfill the excavation with sand, soft coal,
cinders or other suitable material which shall be placed in layers
not exceeding six inches in depth and thoroughly compacted with a
mechanical vibrator or in the manner prescribed by the DPW Superintendent.
The permittee shall replace all shoulder stone to a depth of six inches
and thoroughly compact it with a mechanical compaction devise. Upon
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition. If it is determined that
any backfilled excavation has settled or caved in, the DPW Superintendent
shall so notify the permittee, who shall promptly continue backfilling
until settlement is complete.
E.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
F.
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.
G.
If the work is not completed within the time specified in the permit
or any extension granted by the Borough or is not performed in accordance
with the regulations set forth in this section and any other relations
that may be established by the Council, then the Borough may complete
the work itself 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/her deposit or recovered by
an action in any court of competent jurisdiction.
H.
The backfilling of the trench shall proceed in the following manner:
earth, sand, gravel or broken stone removed from the trench shall
be replaced in layers not exceeding 12 inches in depth and shall be
properly compacted. The work of refilling shall continue in this manner
until the material is brought up to within 24 inches of the finished
pavement; any rocks larger than six inches in diameter shall be removed.
The first layer shall be three-quarter-inch quarry-processed (QP)
rock. The backfilling shall be continued until the top thereof, after
being thoroughly compacted, shall be one inch higher than the pavement.
No animal or vegetable matter or refuse shall be used or permitted
in the backfill, and all refuse or surplus material from the trench
shall be removed from the work area immediately after the trench has
been excavated. After the fill has thoroughly settled, the road surface
shall be restored to a like-new condition.
I.
The person or entity conducting this work shall remain responsible
for the repair of the resurfaced repair work for a period of five
years and shall repair same if required by the DPW Superintendent
or his designee.
J.
Any restoration of a trench or series of openings more than 15 linear
feet in the aggregate on any one street or portions of a street shall
include restoration in accord with the engineering details found in
the Appendix[1] as applicable and shall also include the milling and resurfacing
of the roadway from curb to curb for the length of the opening. The
milling and resurfacing of the roadway will be supervised by the Borough's
Engineer. The supervision costs will be paid for by the applicant
of the road opening permit.
[1]
Editor's Note: Said Appendix is on file in the Borough
offices.
K.
Any restoration of macadam which is not milled and paved shall be
completed using infrared paving to ensure a smooth transition from
the adjoining surface to the satisfaction of the DPW Superintendent
or his designee.
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 DPW Superintendent has determined that settlement
of the surface is complete, and the areas 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 shall be restored pursuant to the section designated
by the DPW Superintendent in the permit, but in no case shall be less
than the structural equivalent of the following:
A.
No Borough street which has been constructed or restored shall be
opened for a period of three years thereafter without the special
permission of the Borough Council. In the event an applicant seeks
to disturb a road which has been repaved or installed within the preceding
three years, and the municipality shall have given notice of intent
to repave by ordinance or actual notice to the applicant, the fees
shall be doubled for the permit and bond. In addition, the applicant
shall be required to mill and repave the entire width of the road
to achieve a cosmetic and surface match. The milling and resurfacing
of the roadway will be supervised by the Borough's Engineer.
The supervision costs will be paid for by the applicant of the road
opening permit.
B.
Utility companies, including those engaged in the installation of
gas, water, and electric lines, shall report quarterly to the DPW
their intentions with regard to prospective work requiring future
street openings in the community, for the purpose of coordinating
such activity with pavement projects anticipated by the Borough.
C.
Except in the case of an emergency, the Borough shall have the right
to schedule street openings with utilities companies in a manner which
will create the least disturbance to pavement courses, in furtherance
of which purpose the Borough provides to the utilities a schedule
of expected street construction and resurfacing.
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 the work is not commenced
within that time, the permit shall automatically terminate unless
extended, in writing, by the Borough Council.
C.
Possession of permit. A copy of the permit together with a copy of
the plan endorsed with the approval of the DPW Superintendent shall
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee of the
Borough or police officer.
D.
Revocation of permit.
(1)
The Borough Council 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 matter which endangers
life or property, or which creates any condition which is unhealthy,
unsanitary, or declared by any provision of the revision to constitute
a nuisance.
(2)
The procedure for revoking a permit shall be the same as that set
forth in this Code for the revocation of licenses, except that the
initial hearing shall be before the member of the Borough Council
in charge of the Road Department with a right of appeal to the Council,
and the Chairperson may provide in his/her 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.
F.
Damage to sidewalks, aprons and curbs occurring during a street opening
may be repaired under the authority of the street opening permit.
The permittee is liable for any accidents that occur while the sidewalk/apron/curb
is damaged. All street-opening-related sidewalk damage repairs will
be deemed complete after inspection by the DPW Superintendent.
The Borough Engineer, in conjunction with the DPW Superintendent,
may make any rules and regulations considered 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 the resolution of the Borough Council. Copies of all current
regulations shall be furnished each permittee at the time of the permit.
A.
Closing by regulation. The Mayor may provide by resolution for the
closing of any street or portion thereof to motor vehicle traffic
on any day or days or during specified hours on any day or days whenever
it finds that such closing is necessary for the preservation of the
public health, safety or welfare.
B.
Posting of warning signs. Proper warning signs shall be posted in
any street or portion thereof during the time the same is closed.
Any contractor or other employer requiring additional traffic
management services on any project or event occurring in the Borough
shall utilize the Old Tappan Police Department for such services and
bear the cost of such.
A.
All utilities registered by the New Jersey Board of Public Utilities under Title 48 which open roads in the Borough shall submit an application and pay a nonrefundable application fee of $200 per opening as per § 214-6.
B.
All utilities servicing the Borough shall post a cash bond in the
amount of $2,500 with the Borough to be held in a noninterest escrow
account to be held in perpetuity to pay the cost of application fees
and repair to road openings done in an unsatisfactory manner. If this
bond is diminished by utilization for restoration or payment of application
fees, the utility shall deposit additional funds sufficient to bring
the balance of the cash bond to $2,500 within 10 days of receipt of
a notice of deficiency sent by the Borough.
C.
Roadways opened by utilities shall be returned to a like-new condition.
Roadway openings shall be saw cut whenever possible and paved using
infrared heat paving to the satisfaction of the DPW Superintendent
or his/her designee.
D.
Roadway material shall be of the same material as the roadway, e.g.,
concrete roads shall be repaired with concrete and asphalt with asphalt.
E.
Within 90 days of completion of all road opening repair, the Borough
shall advise the utility if the closing is satisfactory or not, and
if not, a directive of corrective action shall be included. Repairs
made subsequent to notice from the Borough of unsatisfactory repairs
shall be concluded within 30 days of notice. If repairs are not made
within 30 days and/or the repair is not done to the satisfaction of
the DPW Superintendent or his/her designee, then the Borough may cause
the repair work to be done and use the escrow to pay for same. In
such event, the utility shall replenish the escrow within 30 days
of notice from the Borough.
Should a hazardous condition develop in connection with a road
opening and the permittee is not available or does not remedy the
condition promptly, the Borough reserves the right to do or to have
done such work as it deems necessary to eliminate the hazard and to
charge the cost of such work to the permittee.
A.
Any person, firm or corporation violating any of the provisions of
this article, or neglecting or refusing to comply with any of the
terms or conditions hereof, shall, upon conviction, be liable as follows:
B.
Each and every nonconformance of this article, or each day that any
provision of this article shall have been violated, shall be construed
as a separate and distinct violation thereof.
It shall be the duty of the DPW Superintendent, Code Enforcer,
Borough Police Department, or any other officer as the Mayor and Council
may designate to ascertain whether permits have been issued covering
each operation and to supervise all excavations, backfilling and restoration
as provided herein.
[Adopted 5-26-1975 as Sec. 10-2
of the 1975 Code; amended in its entirety 3-21-2022 by Ord. No. 1202-22]
As used in this article, the following terms shall have the
meanings indicated:
The Chief of Police or a person designated by the Chief of
Police to perform the function indicated.
The Borough of Old Tappan hereby adopts the Manual on Uniform
Traffic Control Devices (hereinafter "the MUTCD"), except as the MUTCD
may be supplemented or amended by the provisions hereof. The MUTCD
provides traffic controls and regulations for construction, maintenance
operations and utility work. Any person, contractor or utility who
fails to comply with the provisions of the MUTCD is in violation of
this article.
It shall be the responsibility of the person, contractor, or,
in the case of a public utility, such person as may be designated
in accordance with a public utility agreement, conducting work on,
under or above a street to contact the Chief of Police to arrange
a preconstruction meeting for the submission and review of plans for
the safe movement of traffic during such period of construction or
work. Any person, contractor or utility who fails to comply with this
article prior to the start of such work, or whose plans are not approved
by the Chief of Police, is in violation of this article.
Prior to the start of any work, the person, contractor, or utility
shall provide the Chief of Police with at least two emergency contact
phone numbers, to be called in case of emergency problems at the construction
or maintenance site. If, for any reason, emergency contact cannot
be made, or if the emergency contact person does not respond to the
call from the Old Tappan Police Department to correct a hazardous
condition, the Borough may correct such hazardous condition. The cost
of such emergency service by the Borough shall be charged to the person,
contractor, or utility responsible for such condition.
There shall be no construction, maintenance operations or utility
work on, under, or above any street in the Borough before the hour
of 9:00 a.m. or after the hour of 4:00 p.m. This time limit may be
adjusted by the Chief of Police to permit work prior to 9:00 a.m.
or after 4:00 p.m. If it is determined by the Chief of Police that
construction or maintenance operations prior to 9:00 a.m. or after
4:00 p.m. would substantially delay traffic or cause a safety or health
hazard, then the work shall be permitted only between 9:00 a.m. and
4:00 p.m.
Road closings and/or traffic detours shall not be permitted
unless approved by the Chief of Police.
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Chief of Police that such directors are
necessary to provide for the safe and expeditious movement of traffic.
The Chief of Police shall have the authority to stop work for
the purpose of abating any nuisance and/or safety hazard or to assure
compliance with this article. This authority shall include, but is
not limited to, the authority to order the removal of equipment, vehicles,
and stored materials from within the street and right-of-way; the
backfilling of open excavations; and/or other related work.
No materials, vehicles or equipment are to be placed in the
street or sidewalk area until all construction signs, lights, devices,
and pavement markings are installed.
Any person, contractor or utility who violates this Article I or II of this chapter, upon conviction thereof, shall pay the following fines: for a first offense, not less than $100 nor more than $1,000 or imprisonment for a term not exceeding 90 days, or both; for a second offense, not less than $250 nor more than $2,000 or imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
