Borough of Upper Saddle River, NJ
Bergen County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any state or county road or highway over which the Borough 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 Department of Public Works Director or Borough Engineer.
[Amended 5-8-1986 by Ord. No. 8-86]
B. 
A tunnel or excavation may be commenced without a permit where an emergency has risen which makes it necessary to start work immediately, provided that an application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work began.
C. 
The Department of Public Works Director or Borough Engineer may issue permits to other public bodies without fee.
[Amended 5-8-1986 by Ord. No. 8-86]
D. 
No permits shall be issued between December 1 and March 15, except for an emergency.
E. 
No permit shall be issued which would allow an excavation or opening on any street where the paved surface is less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
[Added 5-7-2015 by Ord. No. 6-15]
[Amended 5-8-1986 by Ord. No. 8-86]
The Department of Public Works Director or Engineer may refuse the issuance of a permit if such refusal is in the interest of public safety, convenience or health. If a permit is refused by the Department of Public Works Director or Engineer, an appeal may be taken to the Council. After hearing the applicant and the Department of Public Works Director or Engineer and other evidence as may be produced, the Council may direct the issuance of a permit or sustain the refusal of the Department of Public Works Director or Engineer.
A. 
Application for a permit shall be made to the Borough Clerk and referred to the Department of Public Works Director or Engineer and shall contain the following information:
[Amended 5-8-1986 by Ord. No. 8-86]
(1) 
Name and address of the applicant.
(2) 
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
(3) 
The Borough Tax Map block and lot number of the property for the benefit of which the opening is to be made.
(4) 
Nature of the surface in which the opening is to be made.
(5) 
Character and purpose of the work proposed.
(6) 
Time when the work is to be started and completed.
(7) 
The name and address of the workman or contractor who is to perform the work.
(8) 
A statement that within 48 hours of the commencement of the work the applicant agrees to restore at his own expense the street, curb, gutter and sidewalk to the condition they were in at the time the work was begun.
B. 
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
[Amended 5-8-1986 by Ord. No. 8-86]
Permits shall be issued under the authority of the Department of Public Works Director or Engineer and in accordance with the provisions of this article and the regulations which the Department of Public Works Director or Engineer may establish. The Department of Public Works Director or Engineer shall determine the initial time limit during which the permit shall be valid.
A. 
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid.
B. 
The original of each permit shall remain on file with the Clerk.
Fees shall be paid when the application is made. The applicant shall be charged a fee of $10 for each permit.
[Amended 5-8-1986 by Ord. No. 8-86]
A. 
No permit shall be issued until the applicant files a bond in an amount determined to be sufficient by the Department of Public Works Director or Engineer. The Department of Public Works Director or Engineer may waive the requirements of this section for a public utility upon the presentation of satisfactory proof that the utility is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. 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 the Borough harmless from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property, resulting from work done by the applicant under the permit.
(2) 
To indemnify the Borough for any expense incurred in enforcing any of the provisions of this article.
(3) 
To indemnify a person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
(4) 
On the restoration by the applicant of the foundation and surface of the street for which the permit is granted in a manner acceptable to the Director of the Department of Public Works or Engineer.
B. 
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Department of Public Works Director or Engineer.
[Amended 5-8-1986 by Ord. No. 8-86]
No permit shall be issued until the applicant furnishes the Department of Public Works Director or Engineer with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $100,000 for injury to any one person, $300,000 for injuries to more than one person in the same accident and an aggregate of $100,000 for property damage for a single incident. The Department of Public Works Director or Engineer may waive the requirements of this section for a public utility upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
All permits issued under this article shall be subject to the following rules and regulations:
A. 
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
B. 
All work shall be done in a manner which causes a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chief of Police. The Police Department shall be informed of all street closings at least 24 hours in advance except where the work is of an emergency nature, when notice shall be given to the Police Department when work commences.
C. 
The Department of Public Works Director or Engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
[Amended 5-8-1986 by Ord. No. 8-86]
D. 
All refuse and material shall be removed within 48 hours.
E. 
All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in the manner prescribed by the Department of Public Works Director or Engineer. Where the Department of Public Works Director or Engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material, which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed by the Department of Public Works Director or Engineer. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Department of Public Works Director or Engineer determines that a backfilled excavation has settled or caved in, he shall notify the permittee, who shall promptly continue backfilling until the Department of Public Works Director or Engineer determines that settlement is complete.
[Amended 5-8-1986 by Ord. No. 8-86]
F. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
G. 
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
H. 
If the work is not completed within the time specified in the permit or any extension granted by the Department of Public Works Director or Engineer or is not performed in accordance with the regulations set forth in this section and any other regulations that may be established by the Department of Public Works Director or Engineer, then the Department of Public Works Director or Engineer may complete or cause to be completed the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
[Amended 5-8-1986 by Ord. No. 8-86]
The permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
A. 
No permittee shall commence the restoration of a street foundation or surface until the Department of Public Works Director or Engineer determines that settlement of the subsurface is complete and the area properly prepared for restoration.
[Amended 5-8-1986 by Ord. No. 8-86]
B. 
The street surface shall be restored to extend six inches beyond the excavation on all sides.
C. 
The street surface shall be restored to the satisfaction of the Department of Public Works Director or Engineer.
[Amended 5-8-1986 by Ord. No. 8-86]
A. 
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not begun within that time, the permit shall automatically terminate unless extended in writing by the Department of Public Works Director or Engineer.
[Amended 5-8-1986 by Ord. No. 8-86]
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Department of Public Works Director or Engineer, shall be kept in possession of the person actually performing the work and shall be exhibited on demand to the Department of Public Works Director or Engineer or his authorized agent or to a police officer of the Borough.
[Amended 5-8-1986 by Ord. No. 8-86]
D. 
Revocation of permit.
[Amended 5-8-1986 by Ord. No. 8-86]
(1) 
The Department of Public Works Director or Engineer may revoke a permit for any of the following reasons:
(a) 
Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.
(b) 
Violation of any condition of the permit issued.
(c) 
Performing work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any provision of the Code to constitute a nuisance.
(2) 
The procedure for revoking a permit shall be the same as that for the revocation of licenses,[1] except that the initial hearing shall be before the Department of Public Works Director or Engineer with a right of appeal to the Council; and the Department of Public Works Director or Engineer may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[1]
Editor's Note: See Ch. 76, Licensing.
E. 
Modification of permit conditions. In a special case the Council may by resolution impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not apply or shall be altered.
[Amended 5-8-1986 by Ord. No. 8-86]
The Department of Public Works Director or 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 are 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.