[Adopted 9-16-80 by Ord. No. 4594-80]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit.
CITY
The City of Clifton, Passaic County, New Jersey.
EMERGENCY
Any unforeseen circumstance which calls for immediate action.
ENGINEER
The City Engineer of the City of Clifton or his authorized deputy, representative or inspector.
EXCAVATION
Any trench opening which shall be no greater than five feet in width and 15 feet in length. Any opening larger in size than that described hereinabove shall be considered by the Engineer when determining fees.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this article.
PERSON
Includes any natural person, partnership, firm, association, utility or corporation.
STREET
The improved portion of the right-of-way of any public street, public highway, public way, public road or public easement within the City, including that portion of the right-of-way improved with curbs and sidewalks.
It shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any street, except for the erection of public utility poles, as provided for by the Public Utility Law, without first securing a permit from the City of Clifton for each separate undertaking. In no event shall any street opening occur within one year of any street having been surfaced except in the event of an emergency as provided for hereinbelow. Any person maintaining pipes, lines or underground conduits in or under the surface of any street by virtue of any law, ordinance or franchise may proceed with an excavation or opening without a permit when emergency circumstances demand the work be done immediately where the permit could not reasonably and practically have been obtained beforehand. Such person, however, shall thereafter apply for a permit on the first regular business day on which the office of the City Engineer is open for business, and said permit shall be retroactive to the date when the work was begun.
No person to whom a permit has been granted under the provisions of this article shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that, upon the approval by the Engineer and payment of the additional fee, additional work may be done under the provisions of the permit in an amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover such additional work as may be approved pursuant to this section.
[Amended 6-8-1983 by Ord. No. 4814-83; 4-7-1987 by Ord. No. 5150-87; 2-2-1988 by Ord. No. 5238-88]
A. 
Work for which a permit has been issued pursuant to this article shall commence within 30 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. The permittee may, within 60 days of the issuance of the permit, request in writing the refund of the permit fee paid. The application fee of $75 is nonrefundable. Permits thus terminated may be renewed upon the payment of an additional application fee and the required permit and inspection fees as determined by the City Engineer and defined within Article IV, Street Openings.
[Amended 7-16-1991 by Ord. No. 5519-91; 10-19-2004 by Ord. No. 6442-04]
B. 
Street openings for emergency sewer repair shall be exempt from the fee requirements of Subsection A above.
Permits issued under this article are not transferable from one person to another, and the work shall be carried out only at the location specifically designated in the permit.
Every permit issued hereunder shall expire at the end of the period of time specified in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Engineer such an extension is necessary, the permittee may be granted additional time for the completion of the work.
Every permit issued hereunder shall be granted subject to the right of the City or any other person entitled thereto to use the street for any purpose for which such street may lawfully be used.
A. 
Every permit issued under this article may be revoked by the Engineer after notice for:
(1) 
Violation of any condition of the permit.
(2) 
Violation of any provision of this article or any other applicable ordinance or law relating to the work.
(3) 
The existence of any condition or the doing of any work constituting or creating a nuisance or endangering the lives or property of others.
B. 
Written notice of such violation shall be served upon the person to whom the permit was granted or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by the United States mail, addressed to such person to be notified.
C. 
Upon receiving notice of revocation of a permit, the contractor is immediately to suspend all work originally covered by the permit. He will proceed with backfill and repair of the opening. Failure to properly backfill and repair the opening will result in the City utilizing either the deposit or the performance bond, to effect proper repairs. The contractor will be penalized as stated in § 395-53.
A. 
It shall be the duty and responsibility of any person applying for permit to:
(1) 
Pay an application fee of $75 upon receiving an application form from the City Engineer. This fee is nonrefundable.
[Amended 10-19-2004 by Ord. No. 6442-04]
(2) 
Present a properly completed application form to the City Engineer's office.
B. 
The Engineer shall have a minimum of three working days to review the application. The Engineer, after reviewing said application form, will approve or deny the street opening permit.
(1) 
When the Engineer denies the application, he will so advise the applicant in writing along with an explanation as to the reason or reasons the permit is denied.
(2) 
When the Engineer approves an application, he will advise the applicant as to the requisite fees, as contained hereinbelow. He shall further advise the applicant of the applicant’s responsibility to provide liability insurance and surety bond necessary to cover the work proposed in said application, and as more particularly set forth in §§ 395-41 and 395-42 hereinbelow.
[Amended 10-19-2004 by Ord. No. 6442-04]
(3) 
Once the applicant meets all requirements stated by the Engineer, the Engineer will then grant the permit.
C. 
The application for a permit shall:
(1) 
Contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the City and the laws of the State of New Jersey in relation thereto.
(2) 
Furnish in duplicate plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Engineer.
(3) 
Agree to save the City, its officers, employees and agents from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of said work to be done in said application. The acceptance of any permit under this article shall constitute such agreement by the applicant, whether the same is expressed or not.
A. 
It should be the duty and responsibility of any person obtaining a permit to pay a permit fee, nonrefundable (except as provided in § 395-28A), for the issuance of an excavation permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The minimum excavation permit fee shall be in the amount varying with the type, amount and age of the surface to be opened, dug or excavated under the permit issued as follows:
[Amended 6-8-1983 by Ord. No. 4814-83; 10-19-2004 by Ord. No. 6442-04]
(1) 
On streets constructed, reconstructed or resurfaced not more than one year prior to the issuance of the excavation permit, the following fees will be charged in addition to any application fee related to the proposed opening:
[Amended 1-5-2009 by Ord. No. 6788-09]
(a) 
To public utility companies: $250.
(b) 
To all other permittees: $500.
(2) 
On streets constructed, reconstructed or resurfaced more than one year but less than five years prior to the issuance of the excavation permit, $500 will be charged in addition to any application fee related to the proposed opening.
[Amended 1-5-2009 by Ord. No. 6788-09]
(3) 
On streets constructed, reconstructed or resurfaced more than five years but less than 10 years prior to the issuance of the excavation permit, $200 will be charged in addition to any application fee related to the proposed opening.
(4) 
On streets constructed, reconstructed or resurfaced more than 10 years prior to the issuance of the excavation permit, $150 will be charged in addition to any application fees related to the proposed opening.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, requiring a deposit by the applicant, was repealed 10-19-2004 by Ord. No. 6442-04.
C. 
The applicant shall furnish a certificate of insurance as required by § 395-41 hereinbelow.
D. 
The applicant shall deposit with the City of Clifton a surety bond as required in § 395-42 hereinbelow.
[Amended 10-19-2004 by Ord. No. 6442-04]
E. 
The applicant shall submit, when required by the Engineer, a list of owners and tenants of all property abutting the area where the work authorized by the permit is to be performed.
F. 
It should be the duty and responsibility of any person obtaining a permit to keep the original copy of the permit at all times while such work is in progress and show such permit upon demand to any authorized representative of the City.
A. 
No openings or excavations in any street shall extend beyond the center line of the street until the surface of the street is restored to a condition safe and convenient for travel.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, regarding no openings larger than the dimensions for excavation set forth in § 395-1, was repealed 10-19-2004 by Ord. No. 6442-04.
C. 
The work of excavation shall be so conducted as not to interfere with any utility lines or connections or other underground facilities, unless permission of the proper authorities in connection with such facilities shall have been obtained.
D. 
The permittee shall expose all utilities facilities, including sewers, storm drains, gas mains, water mains, telephone and electrical conduits and other utility obstructions sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation if necessary.
E. 
Where a pipe drain, pipe culvert or other structure or facility is encountered, it shall be replaced, restored, straightened or protected by the permittee.
F. 
If in the process of his work the permittee damages any public or private utility property, the utility may make the necessary repairs and file a claim against the permittee with the City for the cost thereof. If the claim is not paid promptly by the permittee, the amount may be withheld by the Engineer from the deposit or charged against the permittee’s performance bond.
[Amended 10-19-2004 by Ord. No. 6442-04]
G. 
Any monument of granite, concrete, iron, steel, brass or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Engineer to do so. Permission shall be granted only upon condition that the permittee shall pay all expenses incidental to its proper replacement.
H. 
If any work performed under the permit interferes with the established drainage system of any street, provisions shall be made by the permittee to provide proper drainage to the satisfaction of the Engineer.
I. 
When any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any street so as to create a nuisance or endanger life or property, the person responsible therefor shall cause the same to be removed immediately from the street upon notification to do so by the Engineer. In the event that it is not removed within eight hours after notification, the Engineer shall cause such removal, and the cost of such removal shall be paid by the permittee or deducted from his deposit.
J. 
To protect the public, every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Clifton Police Department. All safety requirements and precautionary measures shall be based upon and in conformance with law, and specifically, where applicable, the Manual on Uniform Traffic Control Devices, including all amendments (latest edition). Whenever any person fails to provide or maintain the safety devices required by the Police Department, such device shall be installed and maintained by the City. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit. No unauthorized person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this article.
[Amended 10-19-2004 by Ord. No. 6442-04]
K. 
While work is in progress and while workmen are on the site, every permittee shall maintain safe crossing for vehicle traffic at all street intersections, and safe crossings for pedestrians at intervals of not more than 300 feet. Two lanes of traffic shall be held open at all intersections, where possible, by the removal of dirt and the use of covering steel plates. While work is in progress and workmen are not on the site, all excavations, whether at intersections or elsewhere, shall be covered by steel plates. All plates must lie firmly secured and, when necessary and practical, embedded in bituminous material, so as to withstand the normal flow of traffic on the street. When the size and character of the excavation make it impractical to use steel plates, the permittee shall so advise the Engineer at the time when he applies for his permit and shall not proceed with the work until he obtains the Engineer's consent not to use steel plates.
L. 
Access to private driveways shall be provided except during the working hours when construction operations prohibit provisions of such access. Free access must be provided at all times to fire hydrants.
M. 
All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. Wherever necessary, in the opinion of the Engineer, in order to expedite the flow of traffic or to abate a dirt or dust nuisance, toe boards or bins will be required to prevent the spreading of dirt into traffic lanes; temporary wooden plank walks shall be installed where the excavated area is muddy and causes inconvenience to pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee or his agent shall keep a passageway at least one half (1/2) the sidewalk width open along such sidewalk line.
N. 
In the case of any leak, explosion or other accident in any subsurface pipe, line or other facility, it shall be lawful for the person owning or responsible for such facility to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such facility, the Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the same on the basis of cost plus 15% to such person.
O. 
In granting any permit under this article, the Engineer may attach such other conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:
(1) 
Limitations on the period of the year in which the work may be performed.
(2) 
Restrictions as to the size and type of equipment.
(3) 
Designation of routes upon which material may be transported.
(4) 
The place and manner of disposal of excavated materials.
(5) 
Requirements as to the laying of dust, cleaning of streets, the prevention of noises and other results offensive or injurious to the neighborhood, the general public, or any portion thereof.
(6) 
Regulations as to the use of streets in the course of the work.
A. 
All pavement cuts, openings and excavations shall be properly made and backfilled according to City specifications.
B. 
The Engineer must be notified by the permittee not more than 48 hours nor less than 24 hours prior to the beginning of work, or the date and approximate time at which work will be begun.
C. 
No work shall be performed by the permittee unless or until the Engineer shall be present or permission has been given by the Engineer to proceed in his absence.
D. 
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or over in depth, the pavement in the base shall be removed at least one foot beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a one-foot shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement.
E. 
No tunneling shall be allowed without the express approval of the Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the City Engineer and shall be done only in a method approved by him.
F. 
The work of restoration to be carried out by the permittee, including both paving surface and paving base, shall be performed as follows:
(1) 
Every person who opens or excavates any street in the City shall thoroughly and completely refill the opening or excavation, the surface shall be restored to the same condition as it was before the opening, and such restoration shall be in accordance with the requirements of the City and specifications of the Department of Transportation at the State of New Jersey, which specifications are hereby adopted as specifications of the City, for restoration of surfaces of public streets in the City. As restored, the surface shall conform to the part of the street immediately adjoining the opening, if within two years after the restoration of the surface as herein provided defects shall appear therein resulting from defective workmanship by the permittee, he shall reimburse the City for the cost of all necessary repairs to the permanent paving plus 15%.
(2) 
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compaction shall be done by mechanical tampers or by rolling in layers. Backfill material to be used shall only be densely graded aggregate (DGA) conforming to New Jersey Department of Transportation specification. The use of excavated material or any other material to backfill the trench is allowed only when specifically permitted by the City Engineer in writing.
[Amended 10-19-2004 by Ord. No. 6442-04]
(3) 
(Reserved[1]
[1]
Editor’s Note: Former Subsection F(3), regarding backfilling done by water settling, was repealed 10-19-2004 by Ord. No. 6442-04.
(4) 
Backfilling up to the first 18 inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed six inches in thickness. Layers that are power tamped shall not exceed six inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over 24 inches in diameter shall be carried up to the spring line of the pipe in three inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes 24 inches or less in diameter shall be tamped as specified above to a depth of 18 inches above the tops of the pipe before any additional backfilling is placed thereon.
[Amended 10-19-2004 by Ord. No. 6442-04]
(5) 
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench, and the space under, around and six inches above the pipe shall be backfilled with clean river sand, noncorrosive soil or one-fourth (1/4) inch minus gravel. Broken pavement, large stones and debris shall not be used in the backfill.
(6) 
Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type until the surface is unyielding. The surface shall then be graded as required.
[Amended 10-19-2004 by Ord. No. 6442-04]
(7) 
On improved streets, a temporary paving of bituminous concrete, Mix I-2, six inches thick, placed in two layers, each thoroughly bound and compacted, shall be installed flush with the surface of the adjoining pavement.
[Amended 10-19-2004 by Ord. No. 6442-04]
(8) 
Permanent restoration of pavement shall be completed within seven days and shall be in accordance with the City of Clifton’s Pavement Restoration Detail on file in the Office of the City Engineer, except for restoration of streets and roadways that have been resurfaced or reconstructed within five years prior to the date of the excavation, the restoration of the trench shall be in accordance with the Special Trench Restoration Standard Detail issued by the City of Clifton Engineering Department and on file in the Office of the City Engineer. This requirement shall apply to all permittees, including, but not limited to, public utilities, contractors, property owners and tenants
[Added 10-19-2004 by Ord. No. 6442-04]
G. 
In the event that any work performed by or for a permittee shall be, in the opinion of the Engineer, unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him or in the event that the work for which the permit was granted is not completed within the time fixed by the Engineer, the City may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 15% to the permittee or his surety.
H. 
Where trenches are parallel to the street or where a number of cross trenches are laid in close proximity to one another by the permittee or where the equipment used may damage adjacent paved surfaces, it shall be the prerogative of the Engineer to require a negotiated contribution from the permittee for the resurfacing in place of patching of such streets if the total area of the proposed patch or probable damaged area exceeds 15% of the total pavement surfacing between curb faces or between concrete or stone gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
I. 
After such excavation or opening is commenced, the work of making and backfilling the same shall be prosecuted with due diligence and so as not to obstruct the street more than is actually necessary. If the work is not so prosecuted or if the work does not, in the judgment of the Engineer, comply with the terms of this article, he shall so notify the person named in the permit and shall require such person within three days after the service of such notice to proceed with the diligent prosecution of such work or property to complete the same, as the case may be. If such notice is not complied with, the City shall do such work as may be necessary to backfill such excavations and to restore the street or part thereof excavated to the same condition as before such excavation was made. All expenses incurred by the City shall be recovered from the permittee's deposit or surety, plus 15%. No further permit shall be granted any person unless and until any opening or excavation already made by him has met all requirements of this article. The Engineer shall be the sole judge of proper performance, and his opinion shall be final.
J. 
The Engineer or his authorized agents shall make daily inspections of all work authorized by permits issued pursuant to this article. The Engineer is empowered to employ an inspector if the Engineer is of the opinion that the work to be performed pursuant to a permit authorized by this article is such that an inspector is necessary to ensure compliance with the various provisions of this article.
K. 
Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Engineer in writing, on a form prescribed by him. A certificate of final inspection shall be issued by the Engineer to the permittee no sooner than two years after the permanent restoration of the opening or excavation has been made, provided that the work authorized by the permit has been performed according to City specifications. Prior to the issuance of a certificate, the Engineer shall make a final inspection of the restoration to determine whether City specifications have been adhered to.
L. 
If any settlement in a restored area occurs within a period of two years from date of completion of the permanent restoration, it shall in general be as conclusive evidence of defective backfilling. Any expense which may be incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond, plus 15%.
M. 
Unless part of the work is being performed by the City, no opening or excavation made by a permittee shall be considered in the charge or care of the City or of any officer or person employed by the City, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening or excavation, except in the exercise of police power, where and when it is necessary to protect life and property.
N. 
If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest requires that the excavation work be performed as emergency work, the Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
A. 
Whenever any public utility or municipal authority maintaining underground facilities shall contemplate more than one street opening or excavation per calendar year, it may post a surety bond for the calendar year or part thereof to cover the estimated fees and cost of any and all work. Said bond must be written by a reputable surety company licensed to do business in the State of New Jersey, and the bond shall be conditioned upon the payment of all charges estimated to be required by this article during the term of the bond. Such bond must be approved by the City Law Department as to form.
B. 
Deposit schedule. The Engineer is authorized to establish a schedule of charges for inspections, labor, materials and such other expenses and requirements of this article. The schedule shall be open to public inspection in the office of the Engineer upon demand.
The decision of the Engineer as to the cost of any work done or repairs made by him or under his direction, pursuant to the provisions of this article, shall be final and conclusive.
[Amended 10-19-2004 by Ord. No. 6442-04]
A certificate of insurance shall be required of the applicant prior to the commencement of work as permitted by this article. Said certificate shall indicate that the applicant is insured against claims for damages for personal injury as well as against claims for property damage which may arise out of or from the performance of the work, whether such performance is done by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall include protection against liability arising from completed operations. Such insurance shall provide complete third-party coverage for the City of Clifton and shall at all times be in an amount not less than $500,000 for each person, bodily injury; and $1,000,000 for each accident, bodily injury; and for property damages, in an amount not less than $500,000. Failure of the applicant to file such certificate shall be grounds for denying a permit; provided, however, that City departments, franchised public utilities and other governmental agencies may be relieved of the obligation of submitting such a certificate if they do the work contemplated under the permit with their own personnel or with a contractor insured as required. However, such waiver shall not release any such organization from any and all liability under any of the obligations provided herein.
[Amended 2-2-88 by Ord. No. 5238-88; 10-19-2004 by Ord. No. 6442-04]
Each applicant upon the receipt of a permit shall provide the City with a surety bond to guarantee the faithful performance of the work authorized by said permit and the proper maintenance of said excavation for a period of not less than two years after the closure and completion of said work. The amount of the bond shall be determined by the Engineer. However, in no event shall the bond furnished be in an amount less than $1,000. If the applicant contemplates requesting more than one permit per year as said permits may be required by this article, the Engineer may request the applicant to furnish a single bond as required herein in such amount as the Engineer may deem necessary. Said bond must be written by a reputable surety company licensed to do business in the State of New Jersey and must be in a form as approved by the Law Department of the City of Clifton. The bond shall be noncancelable.
Whenever the Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Engineer to be reasonably necessary for the completion of the work.
A. 
After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the Engineer the estimated cost of doing the work as set forth in the notice. Upon the receipt of such moneys, the Engineer shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand.
B. 
In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on his behalf shall have the right to go upon the premises to complete the required work or make it safe.
C. 
No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
If, in the opinion of the Engineer, the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, he shall require the permittee to notify the owners or tenants of such properties and to provide to the Engineer a certification that said permittee has notified the abutting and adjoining property owners and/or tenants, together with a list of those persons notified.
[Amended 7-2-1985 by Ord. No. 4988-85; 10-19-2004 by Ord. No. 6442-04]
The permittee shall notify in writing the City Police and Fire Departments of his intention to excavate a street within the City. Such notification shall state the nature of the work to be done and the location of such project. He shall also notify the Police and Fire Public Safety Departments when any openings or excavations have been closed, permitting traffic to flow thereon. The permittee shall in all cases be responsible for and required to have traffic directors to maintain traffic with regard to safety and flow.
This article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit or the approval of any excavation.
When the City shall improve or pave any street, the Engineer shall give notice to all persons owning property abutting on the street about to be paved or improved and to all public utility companies operating in the City, and all such persons and utility companies shall do all work which would necessitate excavation of the street within 30 days from the giving of such notice. The time may be extended if permission has been requested in writing and has been approved by the Engineer.
Street opening permits shall not be required for any contracts proposed by the City which require the opening of City streets. Contract proposals requiring the opening of county or state roads will still require the obtaining of permits from those agencies as may currently be in force. All guaranties are provided for within plans and/or specifications so provided by the City.
[Amended 6-8-83 by Ord. No. 4814-83]
A. 
The following sections of this article contained hereinabove shall not apply to any public utility company as defined in N.J.S.A. 48:2-13, as amended:
(1) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(1), regarding § 395-33C(2) not applying to any public utility company, was repealed 10-19-2004 by Ord. No. 6442-04.
(2) 
Section 395-34A(1)(b), (2), (3) and (4).
(3) 
Section 395-36B.
(4) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(4), regarding § 395-36D not applying to any public utility company, was repealed 10-19-2004 by Ord. No. 6442-04.
(5) 
Section 395-36E.
(6) 
Section 395-36K.
B. 
In addition to the exemptions contained in Subsection A above, the Passaic Valley Water Commission shall also be exempt from the provisions contained in § 395-34A(1)(a) and the application fee requirements of § 395-28.
C. 
All other sections contained herein shall apply to public utility companies.
In case any person shall violate any provisions of this article, any permit issued by the City to such person under this article shall be revoked, and such person, upon conviction before the courts, shall be sentenced to pay a fine of not more than $300 and costs of court.
Ordinance No. 946, adopted July 1, 1930, and entitled: "An Ordinance to Regulate the Opening, Excavating and Tearing up of Any Street, Road or Public Place or Any Part Thereof, of The City of Clifton for the Laying, Relaying or Repairing of Gas, Water, Conduit, Sewer or Drainpipe or Connection Therewith, or for Any Other Purpose" is hereby repealed. All other ordinances or parts of ordinances inconsistent herewith are hereby also repealed.