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 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.
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.
