[Adopted 6-19-1975 by Ord. No. 297-75 as
Chapter XVIII of the Revised General Ordinances of the City of Passaic,
1975]
As used in this article, the following terms
shall have the meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the City as a public
street, as well as any state or county road or highway over which
the City has acquired jurisdiction by agreement.
A.
No person shall make an excavation in or tunnel under
any street without first obtaining a permit from the City Engineer.
B.
A tunnel or excavation may be commenced without a
permit where an emergency has arisen which makes it necessary to start
work immediately, provided that the application for a permit is made
simultaneously with the commencement of the work or as soon thereafter
as is practical. The permit, when issued, shall be retroactive to
the date on which the work was begun.
Application for a permit shall be made to the
City Engineer.
A.
Before any permit is issued for construction, repair
or maintenance work in public streets by the City Engineer, a fee
shall be paid by the applicant to cover the cost of inspections, services,
materials and labor necessary for the proper control of such work
by the City. All permits expire within 21 days after issuance. All
permits except dumpster permits require inspection within 24 hours'
notice to the City Engineer's office.
[Amended 8-12-2013 by Ord. No. 1948-13]
B.
Payment of fees shall be based upon the following
schedule:
[Amended 7-11-1985 by Ord. No. 865-85]
(2)
Street excavations.
[Amended 12-23-1992 by Ord. No. 1199-92[1]]
(a)
ROAD ACCESS OPENING
ROAD OPENING or EXCAVATION
TRENCHING
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
Any excavation within the municipal right-of-way but outside
of the roadway pavement surface course. A separate roadside access
opening permit will be required for each individual manhole installation,
inlet/catch basin installation, valve box installation, junction box
installation, trench between such structure installations, erection
of signs, mailboxes, poles, curbs or driveway aprons, foundation removal
or construction, converting existing inlet head types to different
types or manhole covers, control boxes, electrical boxes, terminals,
guide rail installation or removal, traffic signal stanchions, tree
removal or planting, ballards, bus shelters, fences, hedges, lampposts,
planters, posts, shrubs, walls or any other type of trench opening.
Any excavation within the roadway pavement, being an existing
asphalt or concrete surface course. A separate road opening permit
will be required for each individual manhole installation, inlet/catch
basin installation, valve box installation, junction box installation,
construction or new or replacement curbing, removal of existing curbing,
foundation removal or construction, converting existing inlet head
types to different types or manhole covers or for any other opening
within the road pavement.
A connecting excavation not exceeding two feet in width for
pipes, conduits, curbing, etc., within the municipal right-of-way.
(b)
Fees. Excavation fees shall be as follows:
[1]
Utility companies (excluding Passaic Valley
Water Commission) shall pay a fee of $50 per road opening or roadside
access opening for each opening up to 20 square feet plus $5 for each
additional 10 square feet or part thereof. This fee is to defray the
expenses of the City of Passaic for processing the application and
inspecting the work during normal business hours.
[2]
All other applicants shall pay a fee of $250
for each road opening or roadside access opening, except that where
more than one such permit is required on an individual job, up to
four additional permits may be issued at the same time as the original
permit without additional change, provided that the total area excavated
does not exceed 100 square feet. This fee is to cover the cost of
the expenses of the City of Passaic for processing the application
and inspecting the work during normal business hours.
[3]
All applicants shall pay, in addition to the
fees set forth above, a fee of $5 per each 10 linear feet of trenching
as defined above.
[4]
Inspectors required outside of normal business
hours (Monday through Friday, 8:30 a.m. to 4:00 p.m, excluding holidays)
will be charged at the prevailing wage rate, including any premiums
required under collective bargaining agreements, irrespective of the
actual time required for the inspection.
[5]
Permits must be activated within 15 days of
issuance, and a new permit shall be required, including payment of
all fees, unless the applicant shall, prior to the 15th day, receive
an extension from the City Engineer.
[1]
Editor's Note: Section IV of this ordinance
provided as follows: "The City Council, in adopting this ordinance,
intends and directs that it be enforced retroactively to January 1,
1992, with regard to any excavation work for which no fee was previously
paid."
(3)
Sanitary sewer connection. Fees for connection to
the sanitary sewer system shall be as follows:
[Amended 10-21-2002 by Ord. No. 1555-02]
(a)
One- and two-family dwelling house: $50.
(b)
Each additional dwelling: $10.
(c)
Restaurants: $100.
(d)
Commercial premises, dry goods, industrial (no
water process), office buildings and theaters: $50 plus $5 per fixture.
(e)
Hotels, hospitals, nursing homes, convalescent
homes and rooming houses: $10 per bed or rental room.
(f)
Industrial (with water process): $400.
(g)
Supermarkets and grocery stores: $100.
(4)
Storm sewer connection. Fee for each connection to
the storm sewer: $50.
[Amended 10-21-2002 by Ord. No. 1555-02]
(5)
Dumpster permit fees, reflectors required on both
ends of dumpster, (10 days): $50.
[Amended 10-21-2002 by Ord. No. 1555-02]
A.
No permit shall be issued until the applicant has
filed a bond in the amount of $1,000 for a two-year period. The bond
shall be executed by the applicant as principal and a surety company
licensed to do business in the State of New Jersey as surety and shall
be conditioned as follows:
(1)
To indemnify and hold harmless the City from all loss,
damage, claim or expense resulting from any work done by the applicant
under the permit.
(2)
To indemnify the City for any expense incurred in
enforcing any of the provisions of this article.
(3)
To guarantee completion of the permitted work according
to the provisions of this article.
B.
The applicant may post a cash bond with the City in
lieu of a surety bond. Cash, cashier's check, certified check or money
order made payable to the City of Passaic shall be acceptable, and
such funds shall be held in the City of Passaic escrow account.
C.
The City Engineer may waive the requirements of surety
in the case of public utilities.
D.
One bond may be accepted to cover more than one excavation
by the same applicant, subject to the determination of the City Engineer
that the City is adequately protected against default by the applicant.
E.
No permit shall be issued for any road opening or
roadway access opening permit until the applicant has filed with the
City Engineer a certificate of insurance or a public liability insurance
policy in at least the minimum amounts of $100,000/$300,000 for bodily
injury or death and $25,000 for property damage, issued by an insurance
company licensed to do business in the State of New Jersey and indemnifying
and protecting the City of Passaic from all liability by reason of
property damage or personal injuries or death which may result or
may be claimed as a result of any accident occurring at the point
of opening or related thereto. In all cases, the City shall be named
as an additional insured on such policy.
[1]
Editor's Note: Section IV of this ordinance
provided as follows: "The City Council, in adopting this ordinance,
intends and directs that it be enforced retroactively to January 1,
1992, with regard to any excavation work for which no fee was previously
paid."
A.
Protection of public.
[Amended 7-11-1985 by Ord. No. 865-85]
(1)
All excavations that are not backfilled to grade at
the end of each work day shall be covered with steel plates or protected
by barricades having self-powered flashers. All detour and transition
barricades and cones are to comply with requirements of the current
Manual on Uniform Control Devices.
(2)
No road is to be closed without permission from the
City Engineer's office.
B.
Protection from damage. The permittee shall hold harmless
the city, its officers and agents from any loss, injury, claim, demand
or damage resulting from any negligence or fault of the permittee
or the agents of the permittee in connection with the performance
of the work covered by the permit.
D.
Excavations. All excavations shall be performed without
interference to underground utilities. Prior permission must be obtained
from the appropriate agency if a service disconnection is required
during prosecution of work.
[Amended 7-11-1985 by Ord. No. 865-85]
E.
Backfilling. All excavations are to be backfilled
in lifts no greater than 12 inches and tamped using suitable means
to prevent further settlement. If the Engineer deems the excavated
material unsatisfactory for backfill, then the permittee shall backfill
the excavation with borrow excavation material.
[Amended 7-11-1985 by Ord. No. 865-85]
F.
Road surface. The permittee, upon satisfactory completion
of the backfill operation, will replace the road surface in kind or
provide a minimum roadway thickness consisting of five inches of quarry
process stone, four inches of bituminous stabilized base course (MIX
No. 1) and a 1 1/2 inches of finish course of MIX No. 5, whichever
is greater.
[Amended 7-11-1985 by Ord. No. 865-85]
G.
Special conditions. The City Council may impose special
conditions in any special case.
H.
Extraordinary conditions. Under extraordinary conditions
not covered by this section, the Engineer shall receive a copy of
the plan of the permittee and, after an evaluation, set a fee in accordance
with the fee schedule.
The Engineer may make any rules and regulations
which he considers necessary for the administration and enforcement
of this article, but no regulation shall be inconsistent with, alter
or amend any provision of this article or impose any requirement which
is in addition to those expressly or by implication imposed by this
article. No regulations shall be effective unless they shall be approved
by resolution of the Council. Copies of all current regulations shall
be furnished to each permittee at the time of the issuance of the
permit.
Grading or digging under the provisions of this
article shall be unlawful unless it conforms strictly to the official
grades as specified in the ordinances authorizing such grading or
to the measurements, specifications, plans or requirements of the
City Engineer.
A.
Laying, removing or changing. No sidewalk, driveway,
curb, gutter or pavement shall be laid, removed or changed unless
authorized by a written permit issued by the City Engineer.
B.
Construction specifications.
[Amended 7-11-1985 by Ord. No. 865-85]
(1)
All sidewalks shall be constructed of concrete having
a minimum thickness of four inches. All driveways shall have a minimum
concrete thickness of six inches. All sidewalks and driveways shall
be constructed of Class B concrete placed upon a suitable base. A
slope of 1/4 inch per foot towards the street is to be provided.
(2)
Transverse expansion joints of preformed bituminous
joint filler or accepted equal are to be installed at intervals with
greater than 10 feet with a blind joint at the midpoint. Expansion
joints are to be installed between the curb and the sidewalk and between
adjacent buildings and the sidewalk.
(3)
Sidewalks shall be a minimum of five feet wide, unless
specifically approved by the City Engineer.
(4)
All curbs are to be constructed of Class B concrete,
with expansion joints every 10 feet. Curbs shall be 18 inches deep
with a nine-inch width at the base and an eight-inch width at the
top. A nominal six-inch curb face is to be provided.
(5)
No concrete is to be poured without the forms and
the work, in general, being approved by the City Engineer or one of
his representatives.
A.
Laying, changing or removing sewers, drains and conduits.
No sewer, drain, pipe, conduit, tank, track, pole or other requirement
shall be laid, changed or removed unless such work is authorized by
a written permit issued by the City Engineer.
B.
Conformity with measurements, plans or specifications.
The laying, changing or removal of sanitary or storm sewers, lateral
sewer connections or other equipment shall be unlawful unless it conforms
to the provisions of the current National Plumbing Code as adopted
by the New Jersey Department of Community Affairs or as specified
by the City Engineer.
[Amended 7-11-1985 by Ord. No. 865-85]
[Amended 5-7-1987 by Ord. No. 985-87]
A.
Maintenance of street between property line and curb.
Every owner, occupant or person having charge and control of property
in the City on any street that is open shall maintain and be responsible
for the proper upkeep of that part of the street between the property
line and curb which abuts the property, including corner areas adjacent
to corner lots, whether within or without the property line. Such
upkeep shall include the proper maintenance and repair of the sidewalk
and curb.
B.
Installation and repair of connection between property
and sewer lines. Every owner, occupant or person having charge and
control of property in the City shall be responsible for proper installation,
repair and upkeep of all connections between their property and the
main sanitary or industrial sewer line and all connections between
their property and the main storm drain, catch basin or gutter into
which such connections discharge.
C.
Installation of individual connection between property
and municipal sewer for new construction. Every owner or person having
charge and/or control of construction of new buildings in the City
shall be required to install an individual sanitary sewer lateral
between each building and the municipal sewer. An individual sanitary
sewer lateral shall be installed for each townhouse unit to a common
collector lateral which is to connect to the municipal sewer. The
common collector lateral must be located in the common area of the
property and not within the bounds of any individual unit. Duplex
units which are constructed with the intent of being sold to separate
owners shall be built with individual sewer laterals. A common sewer
lateral will be permitted in the case of multiple units being constructed
in low-, mid- and high-rise structures. Installation of septic pits
is prohibited.
[Amended 10-21-1999 by Ord. No. 1473-99]
D.
Installation of individual connection between property
and municipal sewer for existing properties. Every owner, occupant
or person having charge and/or control of existing buildings in the
City shall be required to install an individual sanitary sewer lateral
for each building if and when it becomes known that a building is
connected to a common sanitary sewer lateral with another building
or buildings or to a septic pit. This same requirement shall apply
to existing townhouse and duplex units that have individual owners.
It will be the responsibility of the owner whose sanitary sewer lateral
or building drain is connected to his/her neighbor's lateral or building
drain to disconnect their sanitary sewer lateral or building drain
and provide a new individual sanitary sewer lateral from their property
to the municipal sewer. The individual connections are to be provided
with 60 calendar days of notice. In the event of subdivision of commonly
owned duplex or townhouse units having a single sanitary sewer lateral
from the building, the current owner shall be required to provide
an individual sewer lateral for each unit as a requirement of the
subdivision.
[Amended 10-21-1999 by Ord. No. 1473-99]
A.
No excavating materials, building materials or other
materials shall be placed or stored in the street unless such storage
shall be authorized by a written permit by the City Engineer, and
such storage shall be unlawful unless it occupies less than 1/4 of
the width of the roadway, as measured between curbs, and is confined
between the limits of the extended property lines of premises for
which the storage is requested. Storage of materials for longer than
10 days will be unlawful unless the permit is renewed.
B.
It shall be unlawful to store in a public street any
materials of a nuisance or unsanitary character or any material of
an inflammable or explosive nature.
C.
The property owner or the owner of the materials stored
shall be fully responsible for the providing of proper signs, guards
and lights.
D.
It shall be unlawful for any person, persons, firm,
corporation or any other entity whatsoever to place materials of any
description, structures, vehicles, equipment or other matters of any
nature for storage on or along any City road, street or right-of-way
without first obtaining a permit from the City Engineer, and no such
permit shall be issued except upon payment of the proper fee and on
conditions hereafter set forth:
[Added 12-23-1992 by Ord. No. 1199-92[1]]
(1)
The applicant for a permit shall describe fully the
materials or equipment to be stored, giving quantity, weight or other
dimensions or particulars thereof.
(2)
Any materials or equipment placed on any road, street
or right-of-way shall be adequately protected, safeguarded and lighted
at all times. The permittee shall be responsible for the erection
and removal of any barricades, signs or other structures involved
in protecting said materials or equipment and in warning the general
public thereof.
(3)
Notwithstanding any other provisions of this Code,
no materials or equipment shall be stored upon any road, street or
right-of-way at any time unless:
(a)
There shall be maintained not less than 22 feet
of passage in any road or street open to travel by the motoring public.
(b)
There shall be maintained no less than five
feet of passage within any right-of-way (i.e., sidewalk, pedestrian
walkway, etc.) open to pedestrian travel.
(c)
Such materials or equipment shall be stored
so as not to interfere with or divert the flow of water along any
road, street or the gutters thereof.
(d)
The applicant has posted with the City Engineer
a public liability insurance policy or certificate of insurance in
at least the minimum amount of $100,000/$300,000 for bodily injury
or death and $25,000 for property damage issued by an insurance company
licensed to do business in the State of New Jersey and indemnifying
and protecting the City of Passaic from all liability by reason of
property damage or personal injuries or death which may result or
may be claimed as a result of any accident occurring at the point
of storage or related thereto. In all cases, the City shall be named
as an additional insured on such policy.
(e)
The applicant has paid the permit fee, which
shall be $75 for the first 10 calendar days or any portion thereof
and $50 for each additional five calendar days or part thereof, up
to a maximum of 30 days.
[1]
Editor's Note: Section IV of this ordinance
provided as follows: "The City Council, in adopting this ordinance,
intends and directs that it be enforced retroactively to January 1,
1992, with regard to any excavation work for which no fee was previously
paid."
A.
Permit required to lay or alter lines of conduits;
information required in application; fee; bond.
(1)
No public or private utility corporation shall lay, repair, alter, change or remove any of its lines, conduits, pipes, structures, fixtures, poles, wires, tracks or other services nor in any way disturb the surface, sidewalk, curb or pavement of any public street of the City without first making proper application for permission to do so to the City Engineer. Such application shall be accompanied by a detailed description of the work intended to be done and maps, plans or drawings showing the exact location and details of the work. Upon approval of the application, the City Engineer may issue a permit for the work applied for upon payment of the fee set forth in § 259-5 of this article.
[Amended 7-11-1985 by Ord. No. 865-85]
B.
Plans describing installations to be submitted upon
request. Any public or private corporation having any lines, conduits,
pipes, structures, fixtures, poles, wires, tracks or other services
in the streets of the City shall, upon the request of the City Engineer,
within 30 days, send to him a plan showing and describing all its
installations in the public streets of the city.
C.
Replacement of pavement; supervision of work. Any
public or private utility corporation disturbing the surface, sidewalk,
curb or pavement of any street in the City shall replace or repair
such disturbed areas at its expense and without undue delay in accordance
with the requirements of the City Engineer, and such work shall be
under his supervision or under that of any other agent of the Director
of the Department of Public Works.
[Amended 7-11-1985 by Ord. No. 865-85]
Outdoor public telephone booths and facilities
are hereby authorized to be placed on the sidewalks, between the curb
and property lines, for the furnishing of telephone service to the
public, provided that proper application for permission to install
any and all such booths is first made to the City Clerk and approved
by the City Engineer. The application shall be accompanied by detailed
plans and drawings showing the exact location of such booths and facilities
and provided that the standard rate of commission shall be paid to
all public telephone agents at whose premises such outdoor booths
are located.
There shall be kept in the Bureau of Engineering
four books of printed permit forms with necessary blank spaces. Book
One shall be entitled "Street Permits;" Book Two shall be entitled
"Sewer and Drain Permits;" Book Three shall be entitled "Storage Permits;"
and Book Four shall be entitled "Utility Permits."
A.
Book One. Book One shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permit forms of Book One shall have entered on them the following
information: the date, the address, the owner's name and the contractor's
name, the type of work, the amount of the permit fee, the name and
remarks of the inspector and the date of inspection.
B.
Book Two. Book Two shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permit forms shall have entered on them the following information:
the date, the address, the owner's name, the plumber's name, the type
of building and frontage, the type and size of the branch connection,
the page and number entry in the sewer inspection book, the amount
of the permit fee, the name and remarks of the inspector and the date
of inspection.
C.
Book Three. Book Three shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permits shall have entered on them the following information:
the date, the address, the owner's name, the contractor's name, the
type of storage material, the inspector's name and remarks and the
date of inspection.
D.
Book Four. Book Four shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permits shall have entered on them the following information:
the date, the name of the utility to which the permit is issued, the
location of the work, the type of work, the amount of the fee, the
name and remarks of the inspector and the date of inspection.[1]
[Amended 7-11-1985 by Ord. No. 865-85; 9-23-1993 by Ord. No.
1241-93; 9-24-2012 by Ord. No. 1916-12]
