[Adopted 8-9-1971 as Ch. 61 of the 1971 Code]
No person, firm or corporation shall cut, break
into or open any public street, road or highway in the Borough of
Beach Haven unless he, they or it has theretofore obtained a written
permit for that purpose from the Borough Clerk under the provisions
of this article.
Written application for the permit shall be
accompanied by a plan or map showing in detail the location of the
proposed opening of the highway or highways therein identified and
the dimensions of the breadth or width and length of such opening
and containing a short statement of the purpose for which the street
is to be opened and the name or names of the owners for whom the work
is to be done and the name or names of the contractors who are to
perform the work for which the street is opened, accompanied by the
fee hereinafter provided to be paid to the Borough of Beach Haven.
A.
For every permit to open an unpaved street where the
opening to be made is 20 square feet or less in size: the sum of $10.
B.
For every permit to open an unpaved street where the
opening to be made is larger than 20 square feet: the sum of $10 for
the first 20 square feet and, in addition thereto, the sum of $0.50
for each additional square foot of opening.
C.
For every permit to open a street whose surface is
paved or otherwise covered or treated, where the opening to be made
is 20 square feet or less in size: the sum of $50.
[Amended 8-13-1973 by Ord. No. 73-8; 3-26-1984 by Ord. No.
84-8]
D.
For every permit to open a street whose surface is
paved or otherwise covered or treated, where the opening to be made
is larger than 20 square feet in size: the sum of $50 for the first
20 square feet and, in addition thereto, the sum of $1 for each additional
square foot of opening.
[Amended 3-26-1984 by Ord. No. 84-8; 8-8-2005 by Ord. No.
2005-17]
E.
The Beach Haven Sewerage Authority be and is hereby exempt from the payment of permit fees and deposits to open an unpaved street or street whose surface is paved or otherwise covered or treated, provided that a performance bond is posted with the municipality to assure the proper resurfacing of the street as set forth in § 176-3A, B, C and D.
[Added 10-13-1981 by Ord. No. 81-15A]
The permittee shall maintain safe crossings
along the line of openings and keep the same properly guarded by suitable
barricades and warning signs during the day, and by barricades and
lights by night. If the excavation exceeds the full width of the road,
only 1/2 of the road shall be opened, and this is to be backfilled
before the other half is opened, so as to permit the free flow of
traffic.
[Amended 7-8-2019 by Ord. No. 2019-21C]
All road opening trenches must be saw cut. The
permit holder, in all instances, shall cause the openings to be properly
filled and the fill to be properly rammed or puddled or compacted
to prevent settlement of the fill, which shall be done immediately
upon completion by the permittee of the work it is doing in said street
opening. Said openings are to be so filled as to permit traffic to
pass over them safely. Infrared must be applied after the trench settles
for a period of six months. Bring infrared application to the Public
Works Department at 300 Engleside Avenue, Room No. 202, Beach Haven,
New Jersey, 08008. The permittee shall periodically reinspect and
so restore same as required from time to time.
[Amended 8-8-2005 by Ord. No. 2005-17]
A.
The permit holder shall also be required to deposit,
in cash or certified check, or in the Borough's discretion, a bond
sufficient to defray the expense of the Borough hiring an outside
contractor to restore the street to its preexisting condition should
the permit holder fail to do so.
B.
The amount deposited shall be $55 per square foot.
[Amended 5-8-2017 by Ord.
No. 2017-13C]
C.
The street surface shall be restored so as to extend
a minimum of one foot beyond the excavation on all sides.
D.
All monies on deposit will be held for a period of
12 months after completion of the restoration of the street surface.
[Amended 5-8-2017 by Ord.
No. 2017-13C]
E.
If the work is not completed within the time prescribed
in the permit or any extension granted by the Borough or is not performed
in accordance with the standards set by the Superintendent of Public
Works, the Borough may complete the work itself and restore the surface
of the street. The cost of completing the work and restoring the street
shall be charged to the permit holder and may be deducted from the
deposit or recovered by an action in any court of competent jurisdiction.
[1]
Editor's Note: Former § 176-7, Return
of deposit, was repealed 8-8-2005 by Ord. No. 2005-17.
[1]
Editor's Note: Former § 176-8, Resurfacing
by permittee, was repealed 8-8-2005 by Ord. No. 2005-17.
[Amended 9-13-2010 by Ord. No. 2010-20]
By the making of an application for a permit,
the permittee agrees to save harmless the Borough of Beach Haven,
its officers, agents and servants from and against any loss, injury
or damage resulting from any negligence or the fault of the permittee
in the case of work covered by the permit. The permittee shall file
with the Borough Clerk a certificate of insurance in amounts to be
determined by the Borough Manager in accordance with the practice
of the trade, naming the Borough of Beach Haven as a named insured,
which coverage shall run to the benefit of the Borough's officers,
agents and servants.[1]
