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Engineering proposes deposit-and‑inspection ordinance to enforce trench restoration; council seeks tougher fines

Newark Municipal Council · November 6, 2025
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Summary

The council reviewed a proposed ordinance requiring deposits calculated by square footage and contractor identification to ensure streets disturbed by utility and other work are properly restored. Members sought stiffer penalties and clarity on emergency work and bond sufficiency.

Newark’s Department of Engineering presented a long‑awaited ordinance on Nov. 5 intended to hold companies accountable for street disturbance and trench restoration by requiring deposits (calculated by square footage), contractor identification and inspection prior to final acceptance.

Director Dolores Martinez Wooden said the ordinance would require a deposit keyed to the size of the permit area and would allow the city to use those funds to complete restoration if a contractor failed to finish work or left a site in poor condition. "We request a deposit, depending on how big and how much we anticipate the resurfacings will be...they are required to do it before the end of paving season," Martinez Wooden said.

Council members raised several concerns: whether the deposit amounts would cover full restoration costs, whether bonds should be preferred for larger projects, how the ordinance applies to emergency work and whether fines should be increased. Sean Savitz, principal engineer, said the city already requires permitting deposits and that inspectors will measure actual cuts against permit documentation; if work is not completed the city may hold the deposit and use it for restoration. "We provide...a deposit for every permit we get...If the work's not done, we're gonna hold the deposit and use it for our own paving," Savitz said.

Kareem (interim DPW director) said the ordinance would also support hiring sufficient road inspectors and establishing a contract framework so the city can immediately hire restoration contractors if necessary. Council members asked the law department to examine emergency provisions and to ensure the ordinance includes explicit language that any costs above a deposit are recoverable from the contractor as well as an escalated fine schedule.

Engineering said it would publish a two‑week look‑ahead of activity and work with utilities (PSE&G, water) to coordinate timings and limit repeat cuts in newly paved streets. The council did not record a final vote on Nov. 5 and requested additional legal review and potential amendments on fines and emergency work language.