[Amended 9-27-2022 by Ord. No. 2022-27]
a. No person,
firm, corporation or agency shall excavate, dig or disturb the surface
of any public street in the Borough of Waldwick for the purpose of
laying, removing, reconstructing, repairing, extending or examining
any pipes, conduits or other facilities, or for any other purpose
whatsoever, without first obtaining a road permit as hereinafter provided.
b. It shall
be unlawful for any person, or business entity, whether public or
private to make an excavation in, fill or construct, or repair any
pavement, curb, sidewalk or driveway located within the right-of-way
lines of any public street in the Borough of Waldwick which has been
paved or repaved within a period of five years of the date of the
application for a permit.
[Ord. No. 6-2017]
The Superintendent of Public Works shall so certify when a permit
holder has completed restoration of the permanent pavement in accordance
with the specifications of the Borough of Waldwick. Such certificate
shall also contain a statement of the action, if any required to be
taken by the borough by reason of the failure of the permit holder
to comply with any of the provisions of this chapter together with
all costs and expenses incurred by the borough in connection therewith.
No such certification shall be made until at least one hundred eighty
days (180) after all of the work has been completed. Upon receipt
of such certification, the permit holder shall be entitled to a refund
of one thousand five hundred dollars ($1,500) of the application fee
paid; provided, however, that any costs or expenses incurred by the
borough as set forth in said certificate shall be deducted from any
refund which might otherwise be due.
[Amended 9-27-2022 by Ord. No. 2022-27]
The provisions of this ordinance shall not apply to:
A. The opening or excavation of a County road for which a permit has
been obtained from the County of Bergen.
B. The openings or excavations made by a public utility corporation
subject to regulation by the Board of Public Utility Commissioners
and which has the right to lay, construct, install, maintain and operate
its works or facilities or any of them in any public road or street
of the Borough, which are to be made for the purpose of laying, relaying,
constructing, reconstructing, installing, maintaining, operating or
repairing any such works or facilities, if such public utility corporation
shall, prior to the doing of any such work, have filed with the Borough
Clerk its bond running to the Borough of Waldwick in the sum of one
hundred thousand dollars ($100,000), conditioned for the temporary
and permanent restoration of any road, street or pavement thereof
which may be opened or excavated by such utility, its employees or
contractors, without undue delay, to as good condition as the same
was at the time of the opening thereof, and to the satisfaction of
the Superintendent of Public Works; which bond shall further provide
that the obligation thereof shall be a continuing obligation to the
full amount thereof for each opening of any road or pavement. Such
utility corporation shall, except in cases of emergency, give at least
twenty-four (24) hours' notice to the Superintendent of Public Works
of its intention to open or excavate, which notice shall describe
with reasonable certainty the road or street and section thereof so
to be opened and excavated and the purpose of such opening or excavation
and the probable length of time before the same will be restored to
its previous condition. In the case of emergency openings, a similar
notice shall be given to the Superintendent of Public Works as soon
as practicable after such opening is made. The utility corporation
so opening or excavating any such road or street for the purposes
aforesaid, or causing the same to be done by its employees or contractors,
shall, without undue delay, temporarily and permanently restore such
road or street and the surface thereof to as good condition as the
same was at the time of such opening, to the satisfaction of the Superintendent
of Public Works, and in case of its failure so to do the work may
be done by the Borough under the direction of the Superintendent of
Public Works at the expense of such utility corporation.
C. Exceptions in regards to § 84-1B may be approved by the
Mayor and Council, in consultation with the Superintendent of Public
Works and the Borough Engineer, in the case of an emergency, endangering
the health, safety or welfare of the community. Applicants must submit
documentation of the emergency with the permit application for consideration.
The provisions of this chapter shall not be deemed a waiver
of any other conditions or regulations in connection with the construction
or extension of water service facilities when the same is not done
by the Borough of Waldwick.