[Adopted 7-15-1981 by Ord. No. 1481]
A.
OCCUPANT
OWNER
PERSON
ROADWAY
SIDEWALKS
STREET
SUPERINTENDENT
TOWN ENGINEER
Unless otherwise expressly stated, the following terms,
whenever used in this article, shall respectively be deemed to mean:
The owner, tenant, lessee or person in charge of or in control
of or in possession of any building or premises or part thereof or
of any personal property.
The person, firm or corporation having the legal title to
lands and premises or to personal property.
An individual or individuals or a corporation, partnership
or voluntary association.
That portion of the street lying between the curblines.
The pavement between the curblines and property lines.
Includes the portion thereof devoted to gutters, curbs and
sidewalks.
The Superintendent of Streets appointed by the Town of West
New York, or such person empowered or authorized by said Town of West
New York.
A licensed engineer appointed to that position by the governing
body or, in the event none has been appointed, then any licensed engineer
designated by the Director of the Department of Public Works to perform
the duties set forth in this article.
B.
The singular includes the plural, and the masculine
includes the feminine and corporations, partnerships and voluntary
associations.
A.
No person shall make any excavation in or disturb
the surface of the roadway of any street, sidewalk, park or public
place without first obtaining a written permit therefor.
B.
No person shall remove, excavate or disturb all or
any part of a concrete paver, bluestone or other permanent surface
sidewalk or curb without first obtaining a permit therefor.
[Amended 5-18-1988 by Ord. No. 1806]
[Amended 7-15-2009 by Ord. No. 11/09; 4-18-2012 by Ord. No. 8/12; 7-19-2023 by Ord. No. 6/23]
A.
All permits required by this article shall be in writing and shall
be issued by the Town's Building Department. The Building department
shall issue the permit if it appears that the applicant has the legal
right or privilege granted to him in the use of any street, highway,
or public place or in digging up the same for laying down pipes or
conduits or for any purpose whatever and that the application and
the proposed work described therein comply with this article; provided,
however, that said applicant has submitted a detailed plan and surety
bond as hereinafter provided. Upon the issuance of any permit, the
Police Department shall be immediately notified of such issuance and
the character of the work; and, where possible, the permit shall be
posted for public display.
B.
No permit authorized by this article shall be granted except pursuant
to an application in writing therefor signed by the person desiring
such permit, or his agent. The application, which may be submitted
on forms provided by the Town of West New York, shall set forth the
location, nature, extent and probable duration of the proposed work
and the statutory or other authority pursuant to which it is to be
performed.
C.
No application shall be considered for approval unless the applicant
shall attach to it a detailed set of plans, bearing the seal of a
licensed architect, engineer or surveyor, showing the width, length
and depth of the excavation and the nature of the job. All drawings
or plans shall show the location of any sewer, utility or telephone
lines and the exact steps which will be taken by the applicant to
shore, cover and protect same with sheeting or other suitable materials.
Said plans shall be reviewed and approved by the Construction Code
Official and, where appropriate, the Town Engineer in order for a
permit to be issued.
D.
Each applicant for a permit to open a public right-of-way, upon the
receipt of a permit for such opening as otherwise provided by ordinance
of the Town, or other law, shall provide the Town with an adequate
corporate surety bond, cash or certified check ("adequate security")
to guarantee faithful performance of the work authorized by such permit,
for the payment of any necessary repairs occasioned by the opening
of the public right-of-way by the Town, prior to such opening. The
amount of such adequate assurance shall be equal to the amount of
the actual cost of the closing and opening to the permittee. The adequate
assurance shall be retained by the Town from the date of posting thereof
and shall be returned or otherwise discharged by the Town upon the
receipt by the permittee of a certificate of final inspection from
the Construction Code Official ("the Code Official"), or the Code
Official's designee, or one year from the closing of the opening
of the public right-of-way, whichever occurs earlier. (The permittee
shall notify the Town of the date of such closing.) The form of such
adequate assurance shall be in a form acceptable to the Code Official.
If the permittee anticipates requesting more than one permit per year
as required by this article, the permittee may furnish one continuing
corporate surety bond in such amount as the Code Official deems necessary
to guarantee faithful performance. The minimum amount of such bond
shall be in relation to the cost of restoring openings to the public
rights-of-way to be made by the permittee throughout the year. The
Town may elect to waive the requirements of this section insofar as
it pertains to a public utility company if such company files with
the Township its corporate bond in a form satisfactory to the Township,
conditioned upon compliance with the provisions of this article.
E.
The permit shall state the maximum time allowed for the completion
of the excavation and backfilling thereof. Permits shall be renewable
upon the terms and conditions prescribed by this article for the issuance
of original permits.
F.
No permit shall be issued until the fee therefor, hereinafter prescribed,
shall have been paid to the Town.
[Amended 9-16-2009 by Ord. No. 24/09; 4-18-2012 by Ord. No. 8/12]
The following schedule of fees is hereby fixed,
determined and established as being the fees to be paid to the Town
of West New York for the issuance of all road opening or street excavation
permits. Should any additional costs be incurred by the Town of West
New York due to the permittee's operations or negligence, including
administrative, engineering, inspection and legal costs, the permittee
shall reimburse the Town for all costs incurred. The permittee shall
be required to post adequate funds in escrow to reimburse the Town
for costs of the Town Engineer's inspection. Any excess moneys shall
be remitted to the permittee upon approval and acceptance by the Town
Engineer of all final, permanent road restoration work in accordance
with the standards set forth herein. All costs shall be paid by the
permittee prior to the issuance of a permit by the Town Engineer,
as provided herein:
[Amended 11-21-1990 by Ord. No. 1908; 8-21-1985 by Ord. No. 1684; 11-21-1990 by Ord. No. 1908; 4-18-2012 by Ord. No. 8/12]
A.
No opening
in the paved section of any road shall be less than two feet nor more
than six feet in width unless the application shows that width less
than two feet or more than six feet is reasonably necessary. No tunneling
shall be permitted unless the application shows that there is no other
reasonably practicable method of performing the work. Tunneling, where
permitted, shall be done under the personal supervision of the Superintendent.
B.
Whenever
possible, excavations shall be made in either side of the roadway
and pipes 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 under the supervision of the Superintendent.
C.
Backfilling.
When necessary to excavate across the entire roadway of any road or
along and in such roadway, the work shall be performed so that a portion
of such roadway shall remain open to traffic. No person shall permit
any street or road to be closed to travel by reason of any excavation
made there in pursuance of this article without written permission
from the Town Engineer and approval from the Police Department of
West New York.
(1)
Unless
otherwise directed by the Town Engineer, the following specifications
shall govern the backfill in excavated trenches: The material to be
used in backfilling shall meet the requirements of the NJDOT dense
graded aggregate (DGA) unless otherwise specifically permitted by
the Town Engineer. The backfill shall be moistened and tamped in twelve-inch
layers with a mechanical tamper and made thoroughly compact, firm
and unyielding as backfilling progresses. The backfill material shall
be brought to eight inches from the finished surface in roadway areas.
Eight inches of bituminous stabilized base course shall be placed
and compacted so as to provide a smooth surface. A thin tack coat
shall be applied to the sides of the existing pavement.
(a)
After settlement has occurred, as determined by the Town Engineer,
the temporary pavement shall be milled six inches beyond the existing
pavement on each side for a depth of two inches. The edges shall be
kept straight and parallel using a pavement saw or pneumatic cutting.
There shall be no varying width in the final repair. A thin coat of
tack coat shall be applied to the sides of the existing pavement and
a new two-inch hot-mix asphalt (HMA) surface course in accordance
with the New Jersey Department of Transportation Standard Specifications
for Roads and Bridges (latest version) shall be installed to complete
the permanent repair.
(b)
When the permit requires concrete surface course or as determined
by the Town Engineer, the concrete used shall be Class B in accordance
with the NJDOT. After settlement has occurred, as determined by the
Town Engineer, the temporary pavement shall be removed to the required
depth and permanent concrete surface course shall be installed. The
edges of the existing pavement shall be neatly cut back to a minimum
of six inches with a pavement saw or pneumatic cutting tool to expose
the existing reinforcement steel. New steel of the same size as the
existing steel shall be wired to the existing steel with a six-inch
overlap. A minimum of eight-inches-thick Class B concrete shall be
installed to complete the permanent repair.
(2)
Forty-eight
hours prior to the commencement of the backfilling, the Town Engineer
shall be notified by the permittee. The permittee shall provide access
for the Town Engineer to perform the required inspections. The inspections
performed by the Town Engineer do not relieve the permittee’s
responsibilities to perform all work in accordance with the provisions
of this article.
D.
The contractor
or owner performing construction shall enclose or cover by tarpaulin
or other suitable means all sand, gravel and other construction materials
stored on the property or any portion of the street or sidewalk whenever
the contractor or owner doing construction is not engaged in construction
and take all necessary steps to prevent dislodging or washing of construction
materials from their stored site onto the sidewalks, streets or adjacent
property in the Town of West New York or into any public sanitary
or storm sewer or catch basins in the Town of West New York.
E.
The holder
of the permit shall guard the excavation or excavations by the erection
of suitable barriers by day and the maintenance of suitable lights
by night. The Town Engineer and/or Police Department may require additional
security measures as required for public welfare. Under no circumstances
shall an open trench remain open overnight. All open trenches shall
be temporarily backfilled or sufficiently plated with steel plates
anchored to the existing street.
F.
The holder
of the permit must notify the Department of Public Works at least
24 hours prior to close of the trench. The Department of Public Works
wishes to inspect all backfilling and concrete base and pavement replacement.
G.
In the
event that the Mayor and Commissioners grant the street opening permit
for a street that has been improved or paved within five years, an
infrared process, or approved equal, as determined by the Town Engineer,
shall be used on all seams to blend in the final repair with the existing
pavement.
Any person, firm or entity who obtains a street opening permit shall be legally responsible to the Town of West New York and to any third person for any defect in the nature of the work performed or for any collapse of the excavation or for any injury or property damage to any individual caused by said defective work, and said liability shall be for a period of five years from the expiration date of the surety bond posted in compliance with § 352-20D of this article.
[Added 7-19-2023 by Ord. No. 6/23]
A.
The Construction Code Official shall notify public utility providers
and municipalities annually of planned work on Town roads, streets
and sidewalks. Any work to be done on these roads, streets and sidewalks
will have to be done before paving has commenced. Such notice shall
state that no road, street or sidewalk opening permit shall be issued
for openings, cuts or excavations in such Town road, street or sidewalk
for a period of 10 years after the date of paving. The notice shall
also notify such permittee that applications for road, street and
sidewalk opening permits, for work to be done prior to such paving
shall be submitted promptly in order that the work covered by the
permit may be completed before paving.
B.
During such ten-year period, no permit shall be issued to open, cut
or excavate in such Town road, street or sidewalk unless, in the judgment
of the Construction Code Official, an emergency or other condition
exists which makes it absolutely essential that the road or street
opening permit be issued.
C.
Upon application for a permit involving street, road and/or sidewalks
that have been repaved or otherwise restored in the preceding 10 years,
the Town Engineer, in conjunction with the Town's Construction
Official, shall determine the cost to repave, or otherwise restore,
the sidewalk, road or street (from curb-to-curb and including restoration
of signage, pavement marking and all other appurtenances) where the
street opening will occur ("repavement fee"). The Town Engineer will
convey the amount of the repavement fee to the applicant and prior
to issuance of the permit, the applicant will provide payment by cash,
certified check or bank draft to the Town Treasurer in that complete
amount. The repavement fee will be deposited in an escrow account.
D.
In the event of an emergency pursuant to § 366-12, an initial
estimated repavement fee of $30,000 will be assessed. This initial
estimated fee may increase - or decrease - upon final assessment of
the application. If the repavement fee is assessed in an amount above
the estimate, applicant will be required to immediately pay the difference.
All payments shall be by cash, certified check or bank draft to the
Town Treasurer in that complete amount. In the event the repavement
fee is calculated at an amount less than $30,000, the difference shall
be returned to the applicant.
E.
In lieu of the permittee restoring or repaving the road, street and/or
sidewalk, the Town will ensure same is accomplished by procuring a
contractor to perform the work in compliance with the requirements
of the Local Public Contract Law. In the event the repavement fee
is calculated at an amount that is more than the cost to the Town
to have performed the resurfacing or repavement, the difference shall
be returned to the applicant.
[1]
Editor's Note: Former § 352-24,
Public utilities excepted, was repealed 1-19-2000 by Ord. No. 23/99.
Any person violating § 352-19 of this article shall be subject to a fine not exceeding $100 or imprisonment for 30 days, or both.
