[Adopted 6-13-1966 by Ord. No. 826 (Art. 81 of the 1970 Revised Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- STREET, ROAD OR HIGHWAY
- Includes the full right-of-way width of any such street, road or highway as the same is shown on the Borough of Madison Tax Map.
It shall be unlawful, at any time after this article shall take effect, for any person, firm or corporation, without having obtained a permit therefor, to:
Make any opening or excavation in or tear up the surface of any road or street in the Borough of Madison.
Tear up, remove, alter, construct or repair any pavement, sidewalk, curb, gutter, manhole, catch basin, drain bridge, inlet, storm sewer, sanitary sewer or other structure, installation or fixture in, upon, over, under or along any such road or street, or otherwise disturb the same in any manner.
Build, erect or maintain any bridge, scaffold, barricade or barrier or other form of obstruction in, over, upon or across any such road, street or sidewalk.
Store or place any building materials, machinery or equipment in or on any road, street or sidewalk.
Install any water mains, sewer mains, laterals, pipes, conduits or underground cables or water service connections in any such road or street or remove the same therefrom.
Place, suspend or maintain any wire or cables across any such road, street or sidewalk.
Install, place or bury any pipe, tube or channel from any roof drain, leader drain, cellar drain or sump pump in, under and across any road or sidewalk.
Application for street openings in county roads shall be made directly to the County of Morris, and compliance with the regulations shall be a matter between the applicant and the County of Morris.
Applications for street openings in Route 24 shall be made on New Jersey State Highway Department forms, and the applicant shall comply with all New Jersey State Highway Department regulations. The required deposit will be made out to the order of the Borough of Madison and shall be deposited with the Borough Clerk at the time when the Borough of Madison permit is taken out. Work on a State Highway Department street opening shall not begin until said Department approves the application. It shall be the applicant's responsibility to allow sufficient time to secure this approval, and failure to do so shall not be considered to justify a waiver on plea of hardship.
[Amended 3-9-1992 by Ord. No. 6-92; 8-11-2003 by Ord. No. 37-2003; 11-23-2015 by Ord. No. 54-2015]
Applications for street opening permits shall be made on forms to be obtained at the office of the Borough Engineer, in the Madison Municipal Building, between the hours of 8:00 a.m. and 4:00 p.m. on Monday through Friday in each week (except on holidays, when such office is closed).
Every application shall generally describe the location and extent of the contemplated work for which the permit is requested and shall state the date upon which the work will be commenced and the date upon which it will be completed. The date upon which the work is to be commenced shall be not less than 24 hours after the date of the application. Every permit shall expire six months after the date of the issuance thereof, unless extended as hereinafter provided.
If the application for a street permit is approved by the Borough Engineer, the permit shall be issued by the Borough Clerk upon payment to said Clerk of a fee of $500 (for new roads), $300 (for pavements less than five years old) and $100 (all others) and compliance by the applicant with all requirements. The Borough Engineer, however, may waive the fee for a utility company that performs all the work, including the surface course for the trench, where bonds already cover the performance of work.
On application, for good cause shown, the Borough Engineer can recommend an extension of any permit beyond its expiration date, and the Clerk shall endorse the extended expiration date on the permit.
Copies of permits, as granted, and extensions thereof, shall be submitted by the Borough Clerk to the Borough Engineer, the Chief of Police and the Supervisor of Public Works. The Chief of Police shall notify the Fire Department of every pending project for which a permit has been granted.
If any contemplated project will completely obstruct any thoroughfare or make a length of more than 200 feet of any thoroughfare inaccessible for vehicular traffic for a period in excess of 24 hours, then a period of not less than 72 hours shall elapse after the issuance of the permit before the operation may be started. Unless otherwise approved by the Borough Engineer, where an excavation is to extend the full width of the road, only 1/2 of the excavation shall be made at one time and shall be properly backfilled in accordance with § 166-19 herein before the other 1/2 is excavated. Any full or partial road closure is subject to review and approval by Madison Police Department Traffic Safety Division.
Permission to make a curb or street opening or to tear up the surface of the road does not carry with it any right to make drainage, sewer, water, oil, steam, electric or telephone connections. Separate permits to make such connections must be obtained from the Borough Engineer or utility official having jurisdiction over these matters.
A certificate of insurance must be supplied in the minimum coverage as listed below. State and county insurance requirements apply within those jurisdictions. Public personal injury liability and property damage liability, including contingent liability and contractual liability, shall be as follows:
One person in any one occurrence: $1,000,000.
Two or more persons in any one occurrence: $1,000,000.
Aggregate property damage limit: $1,000,000.
Property damage in any accident: $1,000,000.
Property damage insurance shall be extended to cover damage to underground wires, pipes, ducts, conduits, structures, etc., and further to cover explosive damage and damage due to collapse.
The policies shall remain in force until all work has been completed.
All policies shall be endorsed to provide the Engineer with 10 days' written notice in advance of any changes or cancellations which modify the coverage provided. In the event that the contractor shall carry blanket liability insurance coverage, compliance with the foregoing requirements shall be met hereunder, provided that the limits of said blanket liability insurance policy shall comply with the amount outlined above.
All policies, whether blanket policies or not, shall name the Borough as a coinsured.
The policies and/or endorsements herein required must be submitted to the Engineer (in duplicate) at least five days prior to the beginning any work.
[Amended 11-23-2015 by Ord. No. 54-2015]
Whenever the work done under any permit requires that water or gas services will be interrupted, the persons in charge of supplying such services, or their authorized agents, shall notify affected users of the periods of time when the services will not be available. Such notice shall be given at least 24 hours prior to the interruption of service.
[Amended 11-23-2015 by Ord. No. 54-2015]
Street openings may be made without the necessity of a written application, as provided for in § 166-17 hereof, in emergencies, such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided that notice thereof shall be immediately given to the Madison Police, Municipal Engineer and Superintendent of Public Works. Written application for a permit shall nevertheless be made to the Borough as soon as may be convenient, but in any event within 48 hours of the emergency.
In the event of authorized emergency street openings by a public utility within five years of the moratorium period in § 166-23, the repaving by the utility must follow the specifications in § 166-22 and be approved by the Borough Engineer as to the scope of the repaving required.
[Added 6-25-2018 by Ord. No. 36-2018]
[Amended 2-13-1968 by Ord. No. 1-68; 5-12-1986 by Ord. No. 13-86; 3-9-1992 by Ord. No. 6-92; 11-23-2015 by Ord. No. 54-2015]
No person, firm or corporation shall be granted a permit to open any street until and unless there shall first be deposited with the Borough Clerk an amount estimated to be sufficient to pay the expenses of repairing and replacing such public road, including the restoration of pavement or other surfaces or installations within the street area.
Amount of deposit.
The amount of such deposit shall be estimated by the Borough Engineer in accordance with the following schedule of costs; provided, however, that the minimum amount to be deposited with the Borough shall be $50:
Repairs within the street pavement, the deposit is $250.
Repairs outside of the street pavement, the deposit is $100.
Repairs within and outside of the street pavement, the total deposit is $350.
For projects greater than 50 square yards of disturbance, a bond or restoration guarantee in the amount of $20 per square yard and such other amounts estimated by the Municipal Engineer.
For public utility applicants, a corporate surety bond or restoration guarantee covering annual service activities for the entire calendar year in the minimum amount of $40,000, which shall be supplemented if aggregate work exceeds 1,000 square yards of disturbance at the direction of the Borough Engineer.
In the event that the permittee shall fail to properly backfill any excavation or shall fail to repair and replace any pavement, road surface, sidewalk or other construction as required by this article, thereby creating a dangerous or hazardous condition, the Borough of Madison may promptly make the necessary repairs, and the cost thereof shall be deducted from the amount of the permittee's deposit. If the municipal cost of restoration exceeds the deposit amount, the applicant shall be subject to claims for reimbursement of direct costs from the Borough of Madison.
[Amended 3-9-1992 by Ord. No. 6-92; 11-23-2015 by Ord. No. 54-2015]
Unless otherwise directed by the Borough Engineer or required in the NJDOT Standard Specifications for Road and Bridge Construction (most recent edition), the following minimum specifications shall govern the backfill to be placed in excavated trenches:
All roads shall be backfilled with quarry-processed stone or a substitute acceptable to the Borough Engineer and shall be tamped in twelve-inch layers with a mechanical tamper.
All openings shall be backfilled as specified herein. No backfill shall be placed unless the Engineer or his representative is present.
Backfill shall be placed in trenches as above specified by the person, firm or corporation making the opening. The trench shall be paved with a temporary patch of bituminous material (cold patch) if the bituminous stabilized base course is not available in cold weather.
All material not suitable for backfill and all excess backfill material shall be removed from the site by the person, firm or corporation responsible for the opening and shall not be dumped on any Borough of Madison property, except as otherwise approved by the Borough Engineer or his designee.
[Amended 3-9-1992 by Ord. No. 6-92; 11-23-2015 by Ord. No. 54-2015]
Upon completion of the opening and backfill, the requirements of the NJDOT Standard Specifications for Road and Bridge Construction (most recent edition) and the following minimum specifications shall govern the maintenance and repair of street openings by the permittee.
Road openings shall be backfilled to within eight inches of the existing pavement surface. The remainder of the openings shall be filled with four inches of the quarry-processed stone and four inches of bituminous stabilized base course or cold patch during winter months. Each course shall be tamped or rolled with the equivalent capacity of a ten-ton roller. The above trench shall be maintained and kept to the existing shoulder grade by the addition of bituminous material as required.
Pavement openings shall be filled and paved as specified hereinabove. The temporary bituminous concrete surface and the quarry-processed stone shall be removed to a depth of eight inches and the existing pavement shall be cut back to a sharp line one foot from each side of the opening. After surfaces of the existing pavement are tack-coated with an asphalt oil, the entire area shall then be covered with six inches of bituminous stabilized base hot mix asphalt (HMA) course and two inches of bituminous surface course hot mix asphalt (HMA) as directed by the Borough Engineer. Each course shall be rolled with the equivalent capacity of a ten-ton roller and the surface course shall be rolled to present an even-riding surface.
Driveway openings shall be replaced in kind, and the appropriate specifications for shoulder openings or road openings shall govern the replacement of the same.
[Amended 6-25-2018 by Ord. No. 36-2018]
Following the construction of a new pavement surface on a Borough road, no street openings for public utilities will be permitted for a period of five years thereafter. The Madison governing body may waive and/or allow nonemergency work by a public utility during the five-year moratorium period in § 166-22 to further the public interest. In the event of authorized nonemergency work within the five-year moratorium period, the repaving by the utility must be curb to curb and follow the specifications in § 166-22.
[Amended 3-9-1992 by Ord. No. 6-92]
Curb opening permits shall only be issued to provide ingress to and egress from driveways or parking places. Said curb openings shall be made only to the extent that it is necessary to permit ingress to and egress from driveways and parking areas. All curb openings shall meet Borough specifications under the direction of the Superintendent of Public Works. The deposit for curb openings, as set forth in § 166-20B(1)(b), is $100.
Sidewalk opening permits shall only be issued for the repair, removal and replacement of sidewalks. All new sidewalks shall be composed of a Class B New Jersey Department of Transportation mix of air-entrained concrete with a four-inch minimum thickness. At driveway crossings, the minimum thickness of sidewalks shall be six inches, composed of air-entrained concrete, Class B New Jersey Department of Transportation mix.
[Amended 3-9-1992 by Ord. No. 6-92]
Upon submission of the sidewalk permit application, the Borough Engineer may reduce the permit application fee to the nominal amount of $50 for residential applicants falling under the Municipal Partial Reimbursement Program, § 166 34, and reduce or waive performance deposit requirements where residential applicants can demonstrate no adverse impact to adjoining public curbs, pavements or public structures resulting from the proposed sidewalk improvement.
[Added 2-13-1968 by Ord. No. 1-68; amended 4-27-2015 by Ord. No. 31-2015]
After inspection and approval by the Borough Engineer, the deposit fees shall be returned.
[Added 2-13-1968 by Ord. No. 1-68]
It shall be the responsibility of the person, firm or corporation opening any thoroughfare, or otherwise endangering or obstructing the normal flow of traffic or normal flow of surface water thereon, to fully protect both vehicular and pedestrian traffic from possible accident or injury by the placing of suitable barriers, crosswalks, notices, warnings and/or caution signs by day and flares and flashing lights at night in accordance with the provisions of Title 39 of the New Jersey Revised Statutes and the amendments and supplements thereto. The Police Department will determine the adequacy of such protection.
No person, firm or corporation shall divert or discharge water or waste into, upon or across any road, street or sidewalk in the Borough of Madison so that a nuisance is created or a hazardous condition caused to exist through the presence of said water or waste or through the formation of ice resulting therefrom, or so that the pavement or road surface is caused to be damaged thereby.
If necessary and desirable in the opinion of the Borough Engineer, the permittee shall submit plans and specifications in duplicate, which plans shall indicate the extent of the proposed work within the Borough of Madison. The Borough may assign an inspector to ensure that the specifications herein set forth are complied with. Such inspection shall be made at the expense of the person, firm or corporation obtaining said permit, at the prevailing rate of wages paid by the Borough for inspection of public projects.
The Borough Engineer is hereby designated as the enforcement officer to enforce the provisions of this article and is the agent acting for the Borough of Madison in connection herewith. However, this provision shall not be construed as depriving members of the Police Department of the power to prosecute violators hereof.
Editor’s Note: Former § 166-30, Applicability of provisions to public utility companies, was repealed 6-25-2018 by Ord. No. 36-2018.
[Amended 5-11-1970 by Ord. No. 9-70]
Any person, firm or corporation violating this article shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, at the discretion of the Judge imposing the same.