[Adopted 11-4-1970 by Ord. No. 107]
[Amended 3-6-2019 by Ord. No. 01-2019]
No person, persons, firm, partnership, corporation, or entity,
other than employees of the Borough of Branchville, shall make an
excavation in or tunnel under any public street in the Borough of
Branchville without first having obtained a permit from the Borough
of Branchville.
As used in this article, the following terms
shall have the meanings indicated:
Any road, highway, public way, public alley, easement or
right-of-way accepted as a public street by the Borough of Branchville
or maintained as a public street by the Borough of Branchville.
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 practicable under the circumstances.
[Amended 3-6-2019 by Ord. No. 01-2019]
The Borough Engineer is authorized to refuse the issuance of
a permit if such refusal is in the interest of public safety, public
convenience or public health. In the event that a permit is refused,
the applicant may appeal to the Borough Council for a hearing in regard
to the application.
[Amended 3-6-2019 by Ord. No. 01-2019]
A.
Applications for a permit shall be made to the Borough Clerk and
shall contain the following information:
(1)
Name and address of applicant; name, telephone number, and email
address of person to contact in cases of emergencies.
(2)
Name of street and specific location of opening.
(3)
Name of the owner and location of property for the benefit of which
the opening is to be made.
(4)
Time when work will be commenced and completed.
(5)
Nature of the surface of the road and the dimensions and location
of the opening.
(6)
Show construction details of road and lawn repairs.
(7)
Show all utilities to be crossed in the roadway.
(8)
Name and address of person performing the work.
(9)
Such other information as may be prescribed by the Borough Engineer.
B.
A fee of $500 shall be paid to the Borough, prior to the issuance
of the permit for plan review and report.
[Amended 9-2-1987 by Ord. No. 9-87; 3-6-2019 by Ord. No. 01-2019]
No permit shall be issued until the applicant has furnished
a performance bond in an amount to be determined by the Borough Engineer
as sufficient to restore the opening to its original condition or
has deposited funds or a certified check with the Borough Clerk in
an amount sufficient, as determined by the Borough Engineer, to restore
the opening to its original condition. The deposit will be returned
to the applicant upon approval by the Borough Road Supervisor of the
repairs to the opening. In addition to the posting of a performance
bond, and the deposited funds, and as a condition to the release of
same, the Borough may, at its discretion, require the applicant to
post a maintenance surety in the form of either a surety or guaranty
bond issued by a company authorized to do business in the State of
New Jersey, in a form satisfactory to the Borough and in the penal
sum of 15% of the performance bond or deposit. A certified check,
drawn in favor of the Borough for the same percentage (15% of the
performance bond or deposit) may be substituted for the maintenance
surety.
[Amended 3-6-2019 by Ord. No. 01-2019]
No permit shall be issued until a certificate of insurance has
been filed with the Borough Clerk by the applicant that will provide
protection for the liability of the applicant and that will save and
hold harmless the Borough from 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 any work done by the
applicant under the permit. The certificate of insurance must be issued
by an insurance company acceptable to the Borough and licensed to
do business in the State of New Jersey and shall satisfy the following
requirements:
A.
The certificate of insurance shall specifically name the Borough
of Branchville as "additionally insured" and shall meet or exceed
the following coverage and include the following information:
(1)
Workers' compensation and employer's liability insurance. The contractor
shall take out and maintain during the life of this contract adequate
workers' compensation and employer's liability insurance for all employees
employed in connection with the work, and in case any work is sublet,
the contractor shall require each subcontractor similarly to provide
workers' compensation and employer's liability insurance for the employees
of the latter, unless such employees are covered by the protection
afforded by the contract. Employee's liability insurance shall have
limits not less than $500,000 per accident, or for disease $100,000
per claim.
(4)
The policy number and period.
(5)
A description of work for what the certificate covers.
(6)
Name and address of the insured.
The provisions in § 101-13 relating to bond or deposit may be waived by the Borough Council in the case of public utilities.
[Amended 3-6-2019 by Ord. No. 01-2019]
All street openings and tunnels shall be barricaded and have
proper warning lights. All work shall be done in a way which will
cause a minimum of interference with travel on the street. Protection
of traffic and pedestrians must be in accordance with the Manual on
Uniform Traffic Control Devices for Streets and Highways. All excavations
shall be backfilled and compacted in a workmanlike manner and approved
by the Borough Road Supervisor. The street surface shall be restored
to the satisfaction of the Borough Road Supervisor and shall be left
in as good a condition as it was before the excavating was commenced.
[Added 3-6-2019 by Ord.
No. 01-2019]
Permits expire and become void, unless otherwise amended:
A.
Sixty days after the start date, if no work has begun.
B.
If the work is not diligently proceeding and there are delays of
more than four working days after the work has been started, unless
the delays are caused by weather or other circumstances beyond the
permitee's control. The work is determined to be proceeding diligently
if:
(1)
After a project begins, work continues on a regular basis, except
for weekends, holidays, inclement weather, labor disputes, or any
emergency beyond the control of the permittee.
(2)
The permittee ensures that all necessary materials and supplies
are on hand and ready for use so as not to delay the encroachment
and the prompt restoration of the public right-of-way.
C.
When the encroachment, including the trench restoration, is completed
or on the date specified on the permit as the expiration date.
[Added 3-6-2019 by Ord.
No. 01-2019]
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fireplugs. Passageways
leading to fire escapes or firefighting equipment shall be kept free
of debris, construction materials, or other obstructions.
As a condition of the permit to excavate, the applicant shall
provide evidence the Underground Facility Protection Act, better known
as the "One Call Law,"[1] has been adhered to by calling the One Call Center (1-800-272-1000
or 811) and providing all the required information, not less than
three nor more than 10 business days before the start of any excavation,
by providing the date and confirmation number given by the One Call
Center. Work lasting more than 45 days from the date of notifying
the One Call Center will require additional One Call notifications.
[1]
Editor's Note: See N.J.S.A. 48:2-73 et seq.
[Amended 1-16-2008 by Ord. No. 01-2008]
Any person, persons, firm, partnership or corporation who violates any provision of this article shall, upon conviction thereof, be subject to the penalties provided by § 1-15 of this Code.
