[Adopted 12-21-1971 as Ch. XVIII, Sec. 18-1, of the 1971
Code; amended in its entirety 5-31-2011 by Ord. No. O-11-007]
No person shall excavate, dig in, tunnel or open in any manner
any portion of the right-of-way of any street or thoroughfare in the
Township for any purpose without having first obtained a permit from
the Department of Public Works and upon compliance with the provisions
of this article.
A.
Any person desiring a permit for opening a street or tunnel therein
or for doing any digging therein shall make application to the Department
of Public Works, setting forth the name, address and occupation or
business of the applicant, the location of the proposed opening, tunneling
or digging, the purpose for which it is desired, the length of time
any opening, digging or tunneling will be maintained, the size of
any opening and any other information which the Public Works Superintendent
may consider pertinent.
B.
The application shall be on a form prepared by the Department of
Public Works containing therein rules and regulations governing the
work, and the applicant shall agree to comply with such rules and
regulations and shall be bound by them.
C.
Before a street opening permit is issued, the application therefor
shall be submitted to the Public Works Superintendent and the Police
Chief to determine whether the applicant shall be required to provide
the services of a police officer, at the applicant's sole expense,
to supervise traffic at the site of the street opening.
In addition to the deposit or bond hereinafter mentioned, the
applicant to whom a permit is granted shall pay a fee for each street
opening permit as set forth below and shall pay such inspection fees
as are hereinafter provided.
|
Class
|
Area in Square Feet
|
Fee Amount
|
Deposit Amount
|
|---|---|---|---|
|
A
|
Less than 100
|
$125
|
$500
|
|
B
|
100 to 250
|
$175
|
$750
|
|
C
|
251 to 500
|
$225
|
$1,000
|
|
D
|
More than 500
|
$275
|
$1,250**
|
|
NOTES:
|
|---|
|
** Under certain circumstances as deemed appropriate and memorialized
in writing by the Public Works Superintendent, based upon the unique
nature or scope of a proposed opening, tunneling or digging, additional
fee and deposit amounts may be assessed.
|
Prior to commencing a street opening, an applicant shall comply
with the following requirements:
A.
Repair deposit.
(1)
A deposit in the amount set forth in § 265-15 hereinabove shall be paid to the "Township of Hillside" which shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation.
(2)
The deposit will be retained by the Township for a period of one
year from the date the excavation and pavement repairs have been inspected
and approved by the Township.
(3)
All deposits shall be replenished to the extent of any deduction
chargeable against the same, so that on the first day of each month
there shall be additionally deposited with the Department of Public
Works the amount of any charges or deductions made in accordance with
the provisions of this article. Irrespective of the amount of any
deposit, the applicant or permittee shall be responsible for full,
proper and complete restoration of necessary repairs in any street
occasioned by the opening, excavation or tunneling and for the full
cost thereof.
B.
Insurance Requirements. The applicant must provide to the Township
Clerk a certificate of insurance, acceptable to the Township, indicating
liability coverage of not less than $300,000 for any one person, $1,000,000
for any one incident, and property damage coverage of not less than
$500,000. Said certificate must name the "Township of Hillside, Union
County, New Jersey" as an additional insured.
C.
New Jersey One-Call Confirmation Number. The applicant shall provide
a confirmation number, assigned to the notice of intent to dig within
a public right-of-way, issued by New Jersey One-Call at 1-800-272-1000
and www.njl-call.org.
D.
Bond in addition to deposit. Under certain circumstances as deemed
appropriate and memorialized in writing by the Public Works Superintendent,
based upon the unique nature or scope of a proposed street opening,
tunneling or digging, the Township may require that, in addition to
a deposit, a bond shall be provided by the applicant, to be conditioned
for performance of work in accordance with the provisions of this
article, and the restoration of the street area in compliance therewith,
and to include any other terms which the Public Works Superintendent
shall consider proper, such bond to be subject to approval by the
Township Attorney.
A duly issued street opening permit shall remain valid for 90
days. In the event that within 90 days of the issuance of a permit,
the subject street opening has either not commenced or has commenced
but not been completed as confirmed by receipt of written approval
from the Department of Public Works that repair/restoration of the
opening site has been satisfactorily accomplished, then the applicant/permittee
shall submit a new application and comply with all requirements of
this article. An applicant may, prior to the expiration of 90 days,
seek to renew the subject permit for thirty-day increments. Each such
incremental renewal shall be subject to a fee of $10.
In the event the applicant and/or permittee shall abandon an
excavated or partially excavated opening, digging or tunneling site
and/or fail to repair and restore any such site to the condition required
under this article, then the applicant/permittee shall surrender its
deposit in whole or in part to the Township in amount equal to the
Township's time, material and other costs incurred in connection
with the Township's efforts to provide for the repairs and restoration
of the site. The applicant and/or permittee shall remain responsible
to the Township to reimburse all such costs incurred by the Township
in excess of any available deposits.
A.
Conditions; inspection fees.
(1)
Opening to be closed as soon as possible. When an opening is made
by the applicant or by the applicant's agents or employees, the
opening shall be closed immediately after the purpose for which the
opening was made has been effected and shall in any event be closed
without delay. The resurfacing of the opening shall be done at the
direction and under the supervision of the Public Works Superintendent,
and the cost thereof shall be deducted from the deposit. An inspection
fee of $25 per day shall also be paid by the applicant or permittee
until all backfilling is completed. Inspection fees shall be chargeable
against and deducted from the deposit.
(2)
Conditions for permanent pavement. Whenever an application for a
street opening is with respect to a street which is paved with asphalt
or concrete, or otherwise paved with a pavement commonly designated
as "permanent pavement," then the work of opening and restoring the
area shall be done by or under the direction of the Public Works Superintendent,
and the cost shall be deducted from the deposit. After an opening
has commenced, an inspection fee of $25 per day shall also be paid
by the applicant or permittee until the backfill is completed. The
inspection fees shall be charged against and deducted from the deposit.
(3)
Conditions for tunneling. Whenever a permit is issued for tunneling,
the applicant or permittee shall not do any tunneling or backfilling
until notification has been given to the Public Works Superintendent
in order that he may be present during the tunneling and backfilling.
The applicant or permittee shall pay for the cost of inspection at
the rate of $25 per day during the time consumed in tunneling and
the time consumed in backfilling. The inspection fees shall be charged
against and deducted from the deposit.
B.
Restoration of pavement; restoration of all road openings shall be
to a newly paved condition. The applicant shall restore the pavement,
either bituminous concrete or plain or reinforced concrete, to as
good a condition as before the excavation was made. The material excavated,
if suitable and dry and if approved by the Public Works Superintendent
or his authorized representative, can be used as back fill. If the
excavated material is determined to be unsuitable for backfill, it
shall be removed immediately from the area of the excavation and the
trench shall then be backfilled with bank-run sand and gravel or ungraded
road stone as directed by the Superintendent. The material used for
backfill shall be placed and tamped, with suitable tamping equipment,
in twelve-inch lifts or as directed by the Superintendent. The restoration
shall be completed in accordance with New Jersey State Department
of Transportation Specifications.
C.
Placement of backfill material. The backfill material shall be placed in accordance with Subsection B above to within 12 inches of the surface of the pavement, within nine inches of the surface of the sidewalk or within four inches of the surface of the grassed area within the dedicated street right-of-way. Restoration shall be as follows:
(1)
Bituminous concrete pavement. A base course of 10 inches compacted
thickness consisting of two-and-one-half-inch stone and B screening,
rolled or tamped with suitable mechanical equipment approved by the
Public Works Superintendent, shall be placed, and thereon shall be
placed two inches (compacted thickness) of Type FA-BC or Type A material
as directed by the Superintendent.
(2)
Plain or reinforced concrete pavement. Class B concrete (New Jersey
State Department of Transportation Specifications) to the depth of
the existing pavement shall be replaced. The reinforcement shall be
of the size and spacing as that removed. The method of replacement
shall be in accordance with New Jersey State Department of Transportation
Specifications.
(3)
Grassed areas. Four inches of suitable topsoil shall be placed on
the previously tamped backfill and the area shall be fertilized and
seeded.
D.
Superintendent to be notified in advance. The applicant or permittee
shall notify the Public Works Superintendent in advance of the opening
of any street and shall also notify the Superintendent at least 24
hours before the backfill is commenced.
Whenever any opening is made in a street, the applicant shall
properly guard the opening and provide for all adequate and necessary
protection against injuries to persons or damage to property that
may in any way arise as a result of such excavating or opening. The
applicant shall abide by all ordinances, regulations and provisions
of the Township and of any state or federal act or regulation which
may govern the subject and shall be answerable for any damages that
may result through negligence or wrongdoing in such opening, or in
the maintenance or refilling thereof, or in any manner proceeding
from the work, and shall agree in the application to do all work in
a careful, prudent and law-abiding manner.
This article shall apply to all persons who seek to make a street
opening, and no street opening shall be made except subject to and
in compliance with the conditions of this article, provided that no
deposit shall be required from public utility corporations which are
subject to the provisions to Title 48 of the Revised Statutes of New
Jersey relating to public utility corporations and which are authorized
under the act to the use of public streets and to make openings therein.
In all other respects, the public utility corporations shall be subject
to all the provisions of this article. In the event of an emergency
involving public safety, health or welfare, a public utility corporation
may make a street opening without previous application and without
a permit, provided that the corporation shall as soon as possible
thereafter give notice, in writing, to the Public Works Superintendent,
setting forth the full details concerning the street opening, to the
same extent as in an application, and shall secure the requisite permit
and pay the permit fee as provided in this article.
