[Amended 12-13-2017 by Ord. No. 2017:1234]
The purpose of this article is to establish
regulations and fees for the opening and excavation of municipal streets
within the Borough of Closter.
The following terms shall, for the purposes
of this article, have the meanings herein indicated:
EMERGENCY
An unforeseen circumstance or occurrence, the existence of
which presents an actual or potential clear and immediate danger to
person or property, including, without limitation, a gas leak, a water
main break, a sanitary sewer line break, or any similar situation
which might result in harm to the public’s health, safety, or
welfare or damage to public or private property.
[Added 12-13-2017 by Ord.
No. 2017:1234]
EXTENSIVE OPENING
An opening, tearing up or excavating, for any purpose, of
a borough road of 100 feet or more of roadway length or where connecting
lateral openings are made at average intervals of less than 100 feet
along the roadway length or an opening which disturbs 20% or more
of the curb-to-curb width of the pavement area.
OWNER
Any person, corporation, public utility or other entity on
whose behalf a street opening is performed by a permittee.
PERMITTEE
Any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
Public Service Electric and Gas Company, Rockland Electric,
Hackensack Water Company, or any other gas, electric, water, cable,
telephone, fiber optic, wireless or other provider or successor entity
having either the power of eminent domain or that is subject to the
regulations of the Board of Public Utilities of the State of New Jersey
or similar governmental body.
[Amended 12-13-2017 by Ord. No. 2017:1234]
SMALL OPENING
Any opening, tearing up or excavating, for any purpose, of
a borough road which is not an extensive opening, and generally not
larger than 48 inches by 48 inches or 16 square feet in size.
STREET
Any street, road or other public way dedicated to and accepted
by the Borough of Closter, and shall include all of the area thereof
lying within the bounds of the curbing or, in the absence of curbing,
the dedicated right-of-way.
[Amended 12-13-2017 by Ord. No. 2017:1234]
A. The permittee agrees to immediately restore and replace, at its own cost and expense, the street, curb, gutter, bike path, sidewalk, catch basins, manholes, pavement markings, signs, conduits, installations, fixtures and all other disturbed areas so as to restore said areas to the same or better state and conditions as existed before work commenced, and compliant with the Borough’s standards; provided, however, that nothing herein shall modify the permittee’s obligation to adhere to all other standards for street opening and excavation as are set forth in the specifications contained in §
171-38 herein. Without limiting the foregoing, the permittee shall be liable for any damage to the roadway leading to or adjacent to the work site.
B. The permittee
shall, on a continuing basis, maintain all streets and other property
affected by the construction in a clean condition free from all rubbish,
earth, rock and other debris. Upon completion of all work under the
permit, the permittee shall again clean the affected property and
remove all debris and unused material. In the event that the permittee
fails to act as provided herein, the Borough, upon 24 hours' notice
to the permittee, may clean and remove all rubbish, excess earth,
rock, debris and unused material and charge the permittee the cost
thereof. If the permittee fails to reimburse the Borough for the costs
incurred, said costs shall be deducted from the permittee's deposit
held by the Building Department.
The Superintendent of Public Works or the Borough
Engineer shall periodically inspect all road openings and the repair
and resurfacing thereof for the purpose of determining compliance
with the conditions imposed on the issuance of the permit and the
specifications. The borough may, upon the recommendation of either
of them:
A. Order a temporary stop to any road opening.
B. Order that the applicant perform or correct work in
accordance with the directions of the borough.
C. Order a stop to any work and revoke the permit, in
which event the Borough of Closter shall complete the work or cause
it to be completed, and either declare the applicant's deposit forfeited
or notify the applicant's surety of an intent to file claim on the
bond, or both, to the extent necessary to complete the work.
D. Authorize the correction of any work after notification
to the permittee and after the neglect or the refusal of the permittee
to make such corrections within 24 hours and, after the completion
of the same, either declare the permittee's deposit forfeited or notify
the permittee's surety of an intent to file a claim on the bond, or
both, to the extent necessary to make the necessary corrections.
E. Take any other action deemed reasonable under the
circumstance to protect the borough's interests.
[Amended 1-3-1994 by Ord. No. 1993:663]
Fees shall be as set forth in Chapter
A301, Fees and Deposits.
A. An escrow deposit fee for engineering and legal costs
will be required of all non-public-utility applicants.
B. For all work proposed on each application that exceeds the quantities delineated in Chapter
A301, Fees and Deposits, a work schedule shall be submitted to and approved by the Superintendent of the Department of Public Works or the Borough Engineer, who shall estimate the total escrow fee required based thereon. If, at any time during the course of the work, it appears evident to the Superintendent of the Department of Public Works or the Borough Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent of the Department of Public Works or the Borough Engineer and paid to the Borough’s Building Department, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
[Amended 12-13-2017 by Ord. No. 2017:1234]
C. Actual payment from the escrow deposit fee fund shall
be based upon the professional fees as fixed from time to time by
the Council by resolution, but which shall be not less than the following
rates:
[Amended 12-13-2017 by Ord. No. 2017:1234]
(1) Professional engineering services: minimum fee of
$165 per hour, but in any case not less than $300;
(2) Attorney: minimum fee of $200 per hour.
[Amended 12-13-2017 by Ord. No. 2017:1234]
Upon the completion of any such work, the Superintendent
of the Department of Public Works or the Borough Engineer shall file
a report, which report shall contain the date of completion, the amount
of deposit, the cost to the Borough for resurfacing the area so excavated
or opened, if the same shall have been necessary, and the balance,
if any, due to the applicant. Upon receipt of the report by the Building
Department, the balance due, if any, to the applicant on account of
any deposit shall be forthwith returned.
[Amended 1-3-1994 by Ord. No. 1993:663; 12-13-2017 by Ord. No. 2017:1234]
Any person, company, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction of such violation, be subject for each offense to a penalty as set forth in Chapter
1, General Provisions, Article
II, Violations and Penalties, of this Code. In case of failure to restore payments or roads or streets as hereinabove provided, after written notice by the Building Department to do so, each day that such pavement, roads or streets remain unrestored shall constitute a separate offense.