[Adopted 1-1-1981 by Ord. No. 80-23-780 as Ch. 132, Art. V, of the 1981 Code]
Whenever it is rightfully and legally claimed
by any person that he is entitled to do any work set forth in this
article without first complying with all of its provisions, he shall
nevertheless comply with the remainder of them.
The provision of this article, except for §§ 230-33, 230-34, 230-35, 230-36 and 230-37, shall not apply to a public utility company, as defined by N.J.S.A. 48:2-13, or any company now having the right, in the discharge of its duties to the public, to excavate or open the surface of the public streets, avenues or public places in the Borough, provided that for each such excavation or opening, the company follows the provisions of this section. Prior to any work, the company shall file with the Borough Clerk a notice, specifying the location of the work to be done, the character of the work and the length of time considered necessary for completion. Such notice shall be accompanied by a filing fee of $10, or, in the alternative, a public utility may pay an annual fee of $100. In addition, each such company shall post, annually, with the Borough Clerk a bond, cash or other form of security in the sum of $2,000, conditioned to save the Borough from all costs, loss, charge or damage which it may sustain, incur or be subjected to by reason of any such excavation or opening, which bond or other security shall be approved as to form by the Borough Attorney. In the event the Borough Engineer determines that any project requires additional security, the company shall agree to post such additional security as may be required prior to commencing any work. Further, the company shall conduct the excavation, cleanup and maintenance of the surface in accordance with §§ 230-34, 230-35, 230-36 and 230-37 of this article and shall be responsible for full restoration in proper order and condition, to the satisfaction of the Borough, of any public street, avenue or public place wherein excavations or openings shall be made by it. Upon failure to restore and maintain the excavation or opening to the satisfaction of the Borough, the Borough may restore and maintain such excavation or opening, using the bond so deposited or so much thereof as is necessary and returning any balance of the bond to the company after six months from the date of completion of such work as is necessary for restoration by the Borough.
No person shall remove, excavate, dig up or
in any way disturb or cause to be removed, excavated, dug up or disturbed
the surface of any street, road, park, sidewalk, gutter, curb or pavement
thereon for any purpose whatever without first obtaining a written
permit from the Mayor and Council.
[Amended 4-6-1982 by Ord. No. 82-4-817]
A.
An application for such permit shall be accompanied by a detailed description of the work to be done and a permit fee as provided in § 230-98.
B.
Any permit issued pursuant to Subsection A above shall be valid for a period of six months from the date of issuance. All work covered by any permit shall be completed within the aforementioned six-month period.
C.
The Superintendent of Public Works may extend the
aforementioned six-month period upon written request by the applicant
at the time of the initial permit application. Said extension shall
not exceed three months and shall only be granted if the proposed
work covered by the permit is incapable of being reasonably completed
within the initial six-month period.
D.
The Superintendent of Public Works shall possess the
authority to issue summonses to enforce the provisions of this section.
E.
No permit
authorized by this section shall be granted except pursuant to a written
application signed by the person desiring the permit, or his/her agent,
which application shall set forth such facts as are hereinafter required
by the provisions of this section.
[Added 12-16-2009 by Ord. No. 09-10-1378]
F.
In case
any permit shall be refused by any officer authorized to issue the
same, an appeal of such a determination may be taken to the Mayor
and Council; and the Mayor and Council, after hearing the applicant
and the officer and such other evidence as may be produced, may either
direct the issuance of such permit or sustain the refusal of the officer.
[Added 12-16-2009 by Ord. No. 09-10-1378]
G.
No permit
shall be issued until the fee therefor shall have been paid to the
officer authorized to issue such permit. The permit fee for all work
started prior to the issuance of a permit covering same shall be twice
the regular fee as herein required.
[Added 12-16-2009 by Ord. No. 09-10-1378]
No permit for a street opening shall be issued
until the applicant shall furnish a surety bond in such form and amount
as shall be determined by the Mayor and Council and approved by the
Borough Attorney, conditioned upon the prompt and complete restoration
of the surface to its original condition at the conclusion of the
work and the repair of same if it should prove defective or should
settle within six months thereafter, all at no expense to the Borough.
[Amended 9-21-1982 by Ord. No. 82-18-831]
In lieu of a surety bond, the applicant may
deposit with the Borough the sums of money hereinafter set forth as
a cash bond upon the same conditions:
A.
For concrete curb: $25 per foot, with a minimum of
16 feet in length, equaling $400; $50 if more than 16 feet.
B.
For concrete curb and gutter: $30 per foot, with a
minimum of 16 feet length, equaling $480.
C.
For concrete sidewalks: $15 for the first 250 square
feet; anything over 250 square feet, an additional $7 per square foot.
D.
For water-bound macadam: $15 per square yard, with
a minimum of $50.
E.
For bituminous macadam: $15 per square yard, with
a minimum of $50.
F.
For bituminous concrete: $15 per square yard, with
a minimum of $50.
G.
For concrete pavement: $50 per square yard, with a
minimum amount of $250.
The bonds provided for by this article shall
be retained by the Borough for a period of six months. Should any
defect or settling of the work become evident during that period and
should the applicant fail to rectify the same within 10 days after
notice, in writing, was given to him, the Borough may correct the
condition at the cost and expense of the principal and sureties and
pay the same out of the cash bond if such has been furnished.
The Borough Clerk shall record all such permits
in a separate book kept for that purpose, specifying the name and
address of the permittee, the location and character of the work and
the time when it is to be completed. He shall also record the date
of final inspection and the report of the Inspector.
[Amended 12-16-2009 by Ord. No. 09-10-1378]
A.
No permit
shall be issued by the Borough Clerk to any person which shall allow
an excavation or opening in a paved and improved street surface less
than five years old, unless the applicant can clearly demonstrate
to the Superintendent of Public Works that public health or safety
requires that the proposed work be permitted or unless an emergency
condition exists. In cases of emergency, permits may be granted upon
the applicant undertaking, in writing, to comply with the provisions
of this article within three days’ time.
B.
If by
resolution adopted by the Borough Council a permit is issued to open
any paved and improved street surface less than five years old, a
penalty charge shall be made for opening, except that the penalty
may be waived by resolution of the Mayor and Council in the event
the work is of an emergency nature. The penalty charge shall be on
a sliding scale and shall be equal to 2% of the cost of restoring
the opening for each unelapsed month or fraction thereof of the five-year
restricted period.
C.
No work
shall be performed in connection with a street opening permit issued
pursuant to this section before 9:00 a.m., and all work shall be completed
and any excavation trenches shall be closed or covered by 4:00 p.m.,
unless emergency conditions exist, and then only with the approval
of the Mayor and Council or such person as is authorized to act in
their behalf.
[Amended 12-16-2009 by Ord. No. 09-10-1378]
A.
All work
done pursuant to this article shall be done so as not to unreasonably
interfere with the public travel. The person, firm or corporation
to whom a permit is issued shall guard the excavation or excavations
by suitable barricades and warning signs by day and suitable barricades
and lights by night until the excavation is safely closed. It is the
responsibility of the permittee to maintain such road opening in a
safe condition for traffic until such time as he/she replaces the
pavement and the pavement replacement shall have been approved by
the Superintendent of Public Works.
B.
Restrictions,
Whenever possible, excavations shall be made on either side of the
pavement, and pipes to be laid shall be driven from one excavation
to the other so as not to disturb the pavement. No boring or tunneling
under the pavement of any road shall be done except by special permission
of the Superintendent of Public Works, and under his/her personal
supervision. When necessary to excavate across the entire roadway
of any road, the work shall be performed so that at least 1/2 of such
roadway shall remain open to traffic. No person shall permit any street
or road to be closed to travel by reason of any excavation made therein
pursuant to this section.
The permittee shall maintain temporary fill
and temporary pavement in excavated portions of the street at the
existing street grade until the permanent pavement has been installed.
The permittee shall forthwith clean up all debris
and cart away all surplus materials from any excavation.
Upon completion of the work, the permittee shall
forthwith notify the Borough Clerk, who shall cause an inspection
thereof to be made by the Road Superintendent. He shall return his
report, in writing, certifying his findings. Six months thereafter
he shall make a final inspection and certify to the Borough Clerk,
in writing, that the work is in good condition. The Clerk shall report
the same to the next regular meeting of the Mayor and Council, who,
upon being satisfied that the work is satisfactory, shall by resolution
release the bond.
A.
Any person making application to open any portion
of any street for the purpose of laying a waterline to a water main
or connection shall, at the same time, present the written consents
of all intervening property owners to such opening if there be any
such property owners.
B.
In the event that any intervening owner refuses his
consent or such consent cannot be obtained, the Mayor and Council
shall hold a public hearing within 10 days upon notice to all intervening
property owners. Such notice shall be served, in writing, by the applicant
at least five days prior to the date set for the hearing. All persons
shall be given the opportunity to be heard at the hearing, and unless
sufficient cause be found to the contrary, the permit shall be granted
forthwith.
