[Adopted 4-3-1980 as Sec. 9-1 of the 1980 Code]
It shall be unlawful for any person or municipality
to make any excavation in or tear up the surface of, any road or street
in the Borough (for the maintenance of such the Borough is responsible)
for any purpose whatsoever, without a written permit first had and
obtained from the Borough as hereinafter provided.
[Amended by Ord. No. 84-10; 96-06]
A.
Applications must be made in writing to the Borough Clerk. The application shall state the name and address of the applicant, purpose of the excavation, location of excavation, nature of road surface, times of commencement and completion of work and shall be accompanied by plans set forth in § 205-6 hereof.
B.
Issuance of permits. All permits shall be issued by
the Borough Clerk who shall establish an expiration date of no more
than six months. Upon application of the permittee, the expiration
date may be extended.
C.
Contents of permits. Each permit shall state the identity
and address of the applicant, the name of the street and the location
where the opening is to be made, the dimensions of the opening and
the period during which the permit shall be valid. A copy of each
permit shall remain on file with the Clerk.
D.
Fees. Fees must be paid when the application is made. The applicant shall be charged a processing and inspection fee for each permit issued for the installation or repair of a service connection to an existing utility. If the application is for any other purpose, the applicant shall be charged a fee plus the cost of the preparation of the engineer's estimate for the performance bond and the cost of inspection. The fees shall be as established in Chapter 127, Fees, Article I.
A deposit of cash or a municipal, corporation
or surety company bond will be required for each opening, the amount
to be determined by the Borough Engineer. The Borough Council may
require and approve a permanent bond in lieu of the above, in its
own discretion.
It shall be the duty of the permittee to properly
guard any excavation or storage piles by the erection of suitable
barriers by day and lights by night, or warning signs and watchmen,
if deemed necessary by the Borough Engineer. The permittee shall be
liable for any neglect to safeguard the traveling public. If the excavation
extends the wall width of the road, only 1/2 of it shall be made at
one time and shall be backfilled before the other half is excavated,
so as not to interfere with traffic. In any other case there shall
at all times be a travelway of at least 18 feet in width.
[Added 4-6-2004 by Ord. No. 2004-1]
A.
Whenever the Borough Council enacts any ordinance
or resolution providing for the paving, repaving or reconstruction
of any road within the Borough, the Borough Clerk shall promptly mail
a written notice thereof to each person or entity owning sewers, mains,
conduits or other utilities, in or under said street, or any real
property, whether improved or unimproved, abutting said street. The
notice shall advise such persons or entities that no excavation permit
will be issued for openings, cuts or excavations and permits for work
to be done after such paving, repaving or reconstruction for a period
of five years and shall further advise that an application for an
excavation permit shall be submitted promptly in order that any necessary
work to be completed in the affected street may be completed not later
than 45 days from the date of enactment of such ordinance or resolution.
The Borough Clerk shall also promptly mail copies of such notice to
state agencies and departments or other persons who may desire to
perform excavation work in said street.
B.
Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions hereof, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event any utility company or other entity owning sewers, mains, conduits or other utilities or any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections in said street shall forfeit the right to complete such excavation work for a period of five years from the date of enactment of said ordinance or resolution. During the five-year period, no excavation permit shall be issued to open, cut or excavate said newly paved, repaved or reconstructed street unless, in the judgment of the Borough Engineer, an emergency, as set forth in § 205-5, exists which makes it absolutely essential that an excavation permit be issued.
C.
Every Borough department or official charged with
responsibility for any work that may necessitate any opening, cutting
or excavation in said street is directed to take appropriate measures
to perform such excavation work within said forty-five-day period
so as to avoid the necessity for making any openings, cuts or excavations
in the new pavement in said Borough street during the five-year period
following any paving, repaving or reconstruction.
[Amended 4-6-2004 by Ord. No. 2004-1]
The surface of any Borough road, and any pavement
or flagging taken up by the permittee in its construction work, shall
be restored by and at the expense of the permittee, to as good condition
as it was in before the commencement of the work thereon, and shall
be maintained, at the expense of the permittee, in said condition
for two years after the completion of same, and no road shall be encumbered
for a longer period than shall be necessary to execute the work. Notwithstanding
any other provision of this chapter, when any Borough road which was
paved, repaved or reconstructed within the five years preceding the
disturbance is open, cut or excavated, the Borough Engineer may require
the road be resurfaced and/or reconstructed up to the full width of
the affected portion thereof, if, in the Borough Engineer's reasonable
discretion, such resurfacing or reconstruction is reasonably required
in order to restore the road to a condition equivalent in function,
durability and smoothness of the surface to its condition immediately
preceding the disturbance.
A.
For any work done under this agreement the permittee
shall submit blueprints or plans in duplicate to the Borough for approval,
and if it is considered necessary or desirable, a joint general inspection
may be directed by the Borough to be made by the Borough Engineer
and the permittee. After the approval of the blueprint or plan, if,
in the course of the proposed construction shown thereon any changes
in deviations become necessary in the work, the permittee shall, before
making such changes or deviations, obtain the approval of same by
the Borough Engineer. Upon completion of the entire work permittee
shall file plans showing in full detail all of the work after its
completion.
B.
A gas public utility, in lieu of filing such plans,
shall upon request of the Borough or its agent furnish information
as to the location, size and type of the gas fixtures at any specified
location.
C.
In addition to the general inspection, an inspector
may be placed on the work by the Borough, if it is thought necessary
and desirable, at the expense of the permittee and at the prevailing
rate of wage paid by the Borough.
D.
Emergency excavations.
[Added 4-6-2004 by Ord. No. 2004-1]
(1)
Notwithstanding the foregoing, in the event of any
emergency in which a sewer, main, conduit or utility in or under any
street or road breaks, bursts or otherwise is in such condition as
to immediately endanger the property, life, health or safety of any
individual, the person or entity owning or controlling such sewer,
main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals
(2)
However, such person or entity owning or controlling
such facility shall apply for an excavation permit not later than
the end of the next succeeding day during which the Borough Clerk's
office is open for business and shall not proceed with permanent repairs
without first obtaining an excavation permit hereunder.
In connection with this work, it shall be unlawful for any person or municipality to place material of any description whatsoever, or vehicles or other equipment of any nature whatsoever, upon any road or street so as to interfere with the flow of water along the gutters or to interfere with traffic on such road or street without first having obtained a permit. The permit shall state the approximate quantity of material or the number of vehicles or equipment to be stored and the time of such storage, and the same shall be guarded as set forth in § 205-4.
The Borough Engineer is charged with the enforcement
of all the provisions of these regulations and is the agent acting
for the Borough of Chester of the County of Morris.
No excavation shall be opened for a distance
of more than 200 feet at any one time. From November 1 to April 15
all excavations shall be properly backfilled and all equipment shall
be removed from the public right-of-way at the end of each day's work
and at such times as may be required for noninterference with snow
removal.
The Borough Road Department is to be notified
24 hours in advance of the exact time of starting work on all excavations,
and 24 hours in advance of the replacement of the temporary pavement
with the permanent pavement.
All work performed and material furnished shall
be in compliance with all rules, regulations and specifications of
the Borough.
