[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]
[Amended 3-21-2023 by Ord. No. O-23-07]
A. 
It shall be unlawful for any person, firm, or corporation to excavate, dig in, tunnel, construct, remove, replace or repair any improvements, or place any form of construction in, over or upon any street or improvement or otherwise endanger or obstruct the normal flow of vehicular, bicycle or pedestrian traffic or normal flow of surface water, by the placing of any earth or other excavated material, barricade, structure, material or equipment 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.
B. 
Except as provided in Subsection B(1), no permit shall be issued for a newly constructed or substantially improved street for a period of five years from the date of acceptance of such construction except in cases of emergency. 60 days prior to the start of construction of permanent pavement or improvements on any street, the applicant shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Department and the Fire Department of such construction and of the provisions of this section.
(1) 
For a permit to be issued for excavation of any paved or improved street surface which is less than five years, the applicant, under the instructions of the Director of the Township of Hillside Department of Public Works, shall be required to secure approval from the Township Council by resolution before any permit can be approved hereunder.
(a) 
The applicant, under the instructions of the Director, shall make application for Council approval as provided hereunder and provide, to the extent possible, an explanation of all efforts made to avoid the street opening and therefore the basis for the requested Council approval.
(b) 
Should an applicant be granted a permit by Council to open the paved street as described herein above, the fees for the opening shall be assessed as indicated in § 265-15.
C. 
The Director shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants, ordinances, and conditions thereof.
D. 
No permit shall be assigned or transferred except upon the prior written consent of the Director. Nor shall the work take place in any other than the location specifically designated in the permit.
E. 
No permit shall be issued for an opening during the period from the first day of December to the 15th day of March or where conditions exist due to severe weather, freeze, frost, etc., except for emergency openings or openings required by law.
F. 
If the application for street opening permit requires the street to be excavated or opened for a width equal to or greater than 25% but less than 50% of the existing roadway, or if the opening exceeds one parking lane width, the applicant shall be required to restore the pavement with a two-inch mill and two-inch overlay between the curb line and center line of the roadway.
G. 
If the application for street opening permit requires the street to be excavated or opened for a width of equal to or more than 50% of the existing roadway, the applicant shall be required to restore the roadway pavement with a two-inch mill and two-inch overlay from curb line to curb line.
H. 
All street openings, excavations and restorations thereof shall be made under the supervision and control of the Director and shall be subject the oversight and inspection of the Engineer.
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.