[Adopted 12-16-1969 as Ch. 19, Art. II, of the 1969 Code; amended in its entirety 12-16-1997 by Ord. No. 20-97]
A. 
It shall be unlawful for any person to make an opening or place any form of construction in, over or on any street, curb or sidewalk under the control of the Borough or otherwise endanger or obstruct the normal flow of traffic by placing any barricade, structure, material or equipment not normally designed to be operated, placed or used on a public highway or public right-of-way without first obtaining a written permit from the Director of Public Works or the Borough Engineer or his duly appointed representative.
B. 
A copy of the permit shall be submitted by the applicant to the Director of Public Works and the Chief of Police, who shall notify the Fire Department of the pending street opening.
C. 
Five-year moratorium following paving.
[Added 10-17-2019 by Ord. No. 19-14]
(1) 
Prior to the start of any paving or repaving work on any Borough road, street or Borough-controlled right-of-way, the Director of Public Works or the Borough Engineer shall notify each utility company, resident, and business impacted by paving or repaving work of said work so any excavations, trench and patch repairs may be completed before paving is started. Such notice shall provide that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years from the date of such paving unless appropriate pavement restoration requirements are met. The notice shall also provide that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly so that any work may be completed not later than 90 days from the date of such notification.
(2) 
During such five-year period, any permit issued to open, cut, or excavate in such a Borough road, street or Borough-controlled right-of-way shall require a road opening permit in accordance with § 208-3. Additionally, the Director of Public Works or the Borough Engineer shall ensure that any street opening on any Borough Road, street or Borough-controlled right-of-way paved within five years is restored satisfactorily using appropriate pavement restoration methods to include milling and paving, infrared pavement restoration, or any other acceptable pavement restoration technology approved by the Borough Engineer.
(3) 
The distances of pavement restoration in either direction of the opening will be determined by the Borough Engineer and Director of Public Works based on proximity to other Borough roads, streets or Borough-controlled rights-of-way or utility concerns.
(4) 
Proof of insurance. Any contractor hired to perform a street or roadway excavation in the Borough of Florham Park shall provide proof that it is licensed and bonded within the State of New Jersey.
A. 
Written application for a permit under this article shall be made to the Director of Public Works or the Borough Engineer or his representative, who is hereby authorized to issue such permits.
B. 
The fee for such permit shall be $50.
C. 
The permit shall indicate the date upon which operation shall start and the date upon which it shall be completed. In no case shall the duration of a permit be more than seven days.
D. 
If the proposed operation will completely obstruct any street for a period in excess of 24 hours, then, for a period of not less than 72 hours prior to the date set forth on the permit for operation to begin, the person to whom such permit is granted shall post conspicuous signs in accordance with the provisions of the Revised Statutes of New Jersey, Title 39, and the Manual on Uniform Traffic Control Devices (MUTCD), 1988 addition, at or near the site of the operation, setting forth that the street will be closed and the date, duration and reason for the closing.
[Amended 12-17-2015 by Ord. No. 15-23]
Permission to make an opening in any street does not carry with it any right to make drainage, sewer, water, gas, electric, cable or telephone, or similar connections. A separate permit to make such connection shall be obtained from the proper officials having jurisdiction.
Street openings may be made without the necessity of a written application as provided in § 208-2 in case of emergencies, such as broken gas lines, broken or frozen waterlines or other occurrences which would endanger public health or safety, provided that notice thereof shall be given verbally to the Chief of Police, who shall notify the Borough Engineer and Director of Public Works as soon as convenient. Written application for a permit shall nevertheless be made as soon as conveniently possible and, in any event, within 48 hours in accordance with §§ 208-2, 208-3, 208-4 and 208-6.
Prior to the issuance of a permit, there shall be deposited with the Treasurer of the Borough an amount sufficient to pay the expenses of repairing, replacing and maintaining such street or other surface or appurtenances within the area of the street as may be determined by the Borough Engineer and/or the Director of Public Works.
A. 
The amount deemed sufficient to pay the expenses of repairing, replacing and maintaining the street or other surfaces or appurtenances shall be predicated upon the following schedule:
(1) 
Paved area openings: minimum sum based upon $28 per square yard.
(2) 
Road shoulder openings, unpaved: minimum sum based upon $2.50 per square yard.
(3) 
Curb replacements: minimum sum based upon $20 per linear foot.
(4) 
Macadam drive openings: minimum sum based upon $28 per square yard.
(5) 
Four-inch concrete sidewalk openings: minimum sum based on $3.25 per square foot ($29.25 per square yard), and six-inch concrete openings based on $4.75 per square foot ($42.75 per square yard).
(6) 
Lawn area openings: minimum sum based upon $2.50 per square yard.
B. 
The minimum amount to be deposited with the Borough shall be $500. In the event that the repair, replacement or maintenance of the street or other surface or appurtenances within the area of the street shall encompass extraordinary work, the Borough Engineer or Director of Public Works shall consider the extraordinary work in computing the deposit required.
C. 
Where the deposit for replacement of street openings is greater than $500, any person may file a bond, satisfactory to the Borough as to form, amount and surety, with the Treasurer of the Borough, which bond shall be conditional upon replacing any such opening or openings in the manner required in this article, and the work shall be performed and paid for by the person obtaining the permit. Nothing to the contrary in this article withstanding, the minimum amount of $500 or 20% of the cost of the work, whichever is greater, shall be deposited with the Borough and the bond provided in addition thereto. The filing of such bond shall not relieve any person of the necessity of securing a permit and complying with all the terms and conditions of this article. Public utility corporations of the state may file a corporate bond on a five-year basis in the amount of $25,000 in lieu of cash or construction bonds.
The person obtaining a permit under this article shall, as a condition of accepting any permit issued under this article, save, hold and keep harmless and indemnify the Borough, its officers, agents, servants or employees from and against any loss, damage, claim, demand or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any action or work under the permit.
A. 
The person obtaining a permit under this article shall submit plans and specifications, in duplicate, which plans shall indicate the extent of the proposed work within the Borough.
B. 
The Borough may assign an inspector to ensure compliance with the specifications herein set forth. Such inspection shall be made at the expense of the person obtaining the permit at the prevailing wage rates paid by the Borough for inspection of public projects, the cost thereof to be deducted from the deposit made in accordance with this article.
Unless otherwise approved by the Borough Engineer or Director of Public Works, where an excavation is to extend the full width of a street, only 1/2 of the excavation shall be made at one time, and it shall be properly backfilled and temporary pavement installed before the other half is excavated.
[Amended 12-17-2015 by Ord. No. 15-23]
Trenches for the construction of gas, water, sewer, telephone, electric, cable or other installations shall be excavated so that the near side of the trench shall be at least three feet from the edge of the pavement. The applicant shall furnish and put in place at his own expense such shores, braces, sheeting, etc., as may be considered by the Borough Engineer or Director of Public Works necessary for the safety of the work or the public. It shall be removed as the work progresses in such manner as to prevent the caving in of the side of the trench, unless ordered left in place by the Borough Engineer or Director of Public Works. Any street installations that are removed, damaged or destroyed shall be replaced, using new materials. All driveways shall be restored as directed by the Borough Engineer or Director of Public Works.
Unless otherwise directed by the Borough Engineer or Director of Public Works, the following specifications shall govern the backfill to be placed in excavated trenches:
A. 
All street, shoulder and driveway openings shall be backfilled with a quarry-processed stone, and all excess backfill material shall be removed from the site by the person, municipal or public utility responsible for the opening. Excess backfill removal shall be at the direction of the Borough Engineer or Director of Public Works.
B. 
All other openings shall be backfilled with the quarry-processed stone and shall be tamped in twelve-inch layers with a mechanical tamper.
C. 
Backfill shall be placed in trenches, as above specified, by the person, municipal or public utility making the opening.
D. 
When directed by the Borough Engineer or the Director of Public Works, the road shall be swept with an approved street sweeper, and when directed by the officials, the dust shall be controlled by sprinkling the road with water or spreading calcium chloride.
Upon completion of the opening and backfill as specified and upon the Borough being notified of the same, the following specifications shall govern the street maintenance and repair of street openings by the Borough or by the permittee, as the case may be:
A. 
Shoulder openings. Shoulder openings shall be backfilled to within eight inches of the existing shoulder surfaces. The remainder of the trench shall be filled with six inches of two-and-one-half-inch stone and all voids with stone dust. When authorized, approved shoulder stone may be used as an alternate for the macadam base. The remainder of the opening, over the macadam base, shall be filled with the shoulder stone and tamped or rolled with the equivalent capacity of a five-to-ten-ton roller. The above trench shall be maintained and kept to the existing shoulder grade by the addition of shoulder stone as required.
B. 
Pavement openings and pavement replacement (temporary). Pavement openings shall be filled and paved as hereinabove for shoulder openings, except that, in place of shoulder stone used to fill in the remainder of the trench openings, bituminous concrete Type A two inches thick shall be used.
C. 
Pavement replacement (final). When, in the opinion of the Borough Engineer or Director of Public Works, settlement in the pavement opening has ceased, the bituminous concrete surface shall be removed, and the existing pavement shall be cut back to a sharp line one foot each side of the opening. After surfaces of the existing pavement are tack coated with an asphaltic oil, the entire area shall be filled with bituminous concrete type FABC-1, two inches thick and rolled to present an even-riding surface. "Pavement openings" are herein described as openings within the traveled roadway or between curbs where curbs exist on a street.
D. 
Driveway openings. Driveway openings shall be replaced in kind, and the appropriate specifications for shoulder openings or road openings shall govern the replacement of the same.
Monuments of concrete, iron 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 Borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained, in writing, from the Borough Engineer or Director of Public Works. Permission shall be granted upon condition that the permittee shall pay all expenses incidental to the proper replacement of the monument.
Curb opening permits shall only be issued to provide ingress and egress to driveways or parking areas and shall be made only to the extent that it is necessary to permit ingress and egress to the driveways and parking areas. No person shall be granted a permit to open any curb until a deposit shall be made with the Borough Treasurer in an amount sufficient to pay the expenses of opening, repairing or replacing the curb. The amount deemed necessary to pay the expenses of opening, repairing or replacing the curb shall be a sum equal to $20 per linear foot of opening, provided that the minimum payment shall be $500.
A. 
Sidewalk opening permits shall only be issued by the Borough Engineer or Director of Public Works for the repair, removal and replacement of sidewalks.
B. 
All new sidewalks shall be composed of a mix of 4,000 pounds per square inch (1 to 2 to 4) of air-entrained concrete with a four-inch minimum thickness. At driveway crossings, the minimum thickness of sidewalks shall be six inches and composed of air-entrained concrete.
C. 
The opening, repairing and replacement of pavement or other surfaces or installations within the street area shall be done in accordance with Borough specifications and under the direction of the Borough Engineer or Director of Public Works.
In the event that a trench is required to be six feet or greater in depth, the person obtaining the permit shall install sheathing, subject to inspection by the Borough Engineer or Director of Public Works.
A. 
In the event that the person obtaining a permit under this article shall fail to comply with the terms and conditions of this article for replacement of openings, the Borough Engineer or Director of Public Works shall notify such person to repair and replace the street or other surfaces and appurtenances within three days of the receipt thereof. Such notice shall be mailed by certified mail, return receipt requested, to the person obtaining the permit at the address set forth in the application for the permit. It a bond has been posted in lieu of cash deposit, the notice called for herein shall also be sent in the same manner to the bonding company to the address of the local bond agent.
B. 
In the event that the person obtaining a permit under this article neglects or refuses to make the repairs and replacements required within 48 hours of the mailing of notice, the Borough shall make the repairs and replacements, deducting the cost thereof from the deposit. If a bond has been posted in addition to a cash deposit, a claim shall be made against the bonding company for the costs in excess of cash deposit.
C. 
If, due to the failure of the person obtaining the permit to properly backfill or restore a street opening, a dangerous or hazardous condition shall result, the Borough may repair and restore the same immediately and thereafter give notice of the condition to such person and the bonding company, if the case may be. The cost of such repairing and restoration shall be deducted from the deposit or charged against the bonding company.
A. 
All Borough streets restored under this article shall be subject to final release and acceptance, in writing, by the Borough Engineer or Director of Public Works.
B. 
No deposit money shall be returned nor bond released until 18 months after the completion of the project and its acceptance by the Borough Engineer or Director of Public Works, and then only upon a written certification of the Borough Engineer and Director of Public Works that the work has remained in satisfactory condition for the 18 months.
All street openings required and performed by utilities owned or operated by the Borough shall be subject to the provisions of this article. Any fees required to be paid by this article are hereby waived, but all deposit, insurance and bond requirements shall be applicable.
The Borough Engineer or the Director of Public Works is hereby designated the person responsible to enforce the provisions of this article and, in connection herewith, is the agent of the Borough. However, this section shall not be construed to prevent the Police Department from prosecuting violators hereof.