It shall be unlawful for any person(s), corporation or other
business entity to cut, break into, excavate or open any of the streets,
highways or alleys of the Borough of Collingswood or any portion thereof
for any purpose whatsoever without first submitting a written application
to and receiving a permit from the Superintendent of Public Works
for the proposed excavation; the permit shall be known and designated
as a "street opening permit" and shall be processed and issued by
the Municipal Clerk.
All street openings are to be refilled and thoroughly rammed
to the street level to the satisfaction of the Superintendent of Public
Works and/or the Borough Engineer.
No permit should be issued authorizing the disturbance of any newly paved street from and after the completion of the laying thereof to any person or persons, corporation or corporations without first posting a bond with the Borough of Collingswood in an amount to be determined by the Borough Engineer, which bond shall be in accordance with the provisions of this chapter, such bond to cover openings in streets as described in §
265-2, provided that in the case of opening a sheet asphaltum street, the bond shall be as provided for in §
265-2B, conditioned that such excavations shall be refilled and rammed and such openings repaved to the satisfaction of the Superintendent of Public Works and further that if, at any time within four years from such refilling, ramming and repaving, the same shall settle or repairs become necessary by reason of defective refilling, ramming or repaving, then the person or persons, corporation or corporations taking out such permit shall repair and repave the same within five days after notice from the Superintendent of Public Works and, upon failure so to do, then after the expiration of said five days, the Superintendent of Public Works shall be authorized to do so at the expense of such person or persons, corporation or corporations. Said bond shall be from an approved corporation authorized to do business in New Jersey. The bond shall be approved by the Borough Superintendent of Public Works as to the responsibility of the sureties and by the Borough Solicitor as to form and shall be filed in the office of the Superintendent of Public Works before any permit is issued, provided that in case more than two openings are or shall be made by any person or persons, corporation or corporations in any street or streets, in such case the Superintendent of Public Works may require a bond in such sum over and above the amounts stated above as, in his opinion, will sufficiently guarantee the proper refilling, ramming and repaving of such openings over a period of four years. The date of the final payment of the contract price for the pavement of a street or streets of the Borough of Collingswood shall be considered as the date of the completion of said work, provided that on all newly paved streets on a concrete foundation, no street opening permits shall be granted within five years after the paving of the same except on the payment of an additional permit fee of $100; and in addition to all and every such permit fee, the applicant shall pay the cost of repaving every such opening, and such payment shall be a condition in which every such permit shall be issued.
No person or corporation shall be allowed permission to excavate
or open a street or highway for a greater distance than 500 feet at
one time or to keep the same opened for a longer period than one week,
and during all that period while such street or highway is being excavated,
occupied or used in any manner under permit from the Superintendent
of Public Works, there shall be provided by the person or corporation
obtaining such permit a space or street level of at least 10 feet
in width for the purpose of allowing carriages and other vehicles
free and unimpeded use of the same; and all persons or corporations
making openings as aforesaid along the line of any street or highway
in the Borough of Collingswood and any corporation or corporations
possessing or controlling the right to lay wires, pipes or other conduits
in any street or highway, which shall desire to make connections,
lay or relay wires, pipes or other conduits or to make repairs under
the highway or any section or sections of any highway, street or alley
shall be and are hereby required to complete all of said work within
go days from the date of the granting of the permit therefor.
It shall be unlawful for any owner or occupant of any building
along the line of any paved street to allow the water from the leaders
or conductors of water from the roof of said buildings to flow over
or upon the sidewalk adjacent to such paved streets, but such water
shall be conducted by pipes to the proper sewer in said street or
streets, if any there be; and if there shall be no sewer in said street
or streets for the reception of such water, then and in such case,
the water from said leaders or conductors shall be connected by water
pipes or channel irons below the surface of the sidewalk or sidewalks
to the street gutters or gutters.
All persons or corporations excavating, occupying or in any
manner using any of the streets or highways of the Borough of Collingswood
for any purpose whatever under permission granted as aforesaid shall,
wherever any excavation would be dangerous if left exposed, erect
a suitable fence or railing around such excavation in such a manner
as to prevent danger to pedestrians or vehicles and satisfactory to
the Superintendent of Public Works and shall place upon such fence
or railing and upon any building materials and appliances suitable
and sufficient lights as may be required by the Superintendent of
Public Works at twilight in the evening and to be kept burning until
sunrise during the time of such excavation, occupation or use of the
streets as aforesaid.
All persons or corporations excavating, occupying or using the
streets, highways or alleys as aforesaid shall replace them in the
same condition as they were before such excavation, occupation or
use; and all replaced earth shall be properly tamped and all paving
material carefully kept aside and the street or highway refilled,
repaired and repaved to the satisfaction of the Superintendent of
Public Works of the Borough of Collingswood; and all refilling and
repairs of any unimproved street so excavated or disturbed as aforesaid,
when the party excavating the same fails to do so, shall be made by
and under the supervision of the Superintendent of Public Works and/or
the Borough Engineer of the Borough of Collingswood.
The Borough of Collingswood shall prosecute any person or persons,
corporation or corporations violating any of the provisions of this
article, and it shall also be the duty of any police officer or other
person or persons authorized to make arrests in the Borough of Collingswood
to arrest anyone whom he or they may detect in the violation of any
of the provisions of the same.
Any person or persons, corporation or corporations violating
any of the provisions of this article shall be subject to a fine not
to exceed $1,000, imprisonment in the county jail not to exceed 90
days or a period of community service for not more than 90 days, or
any combination thereof, in the discretion of the court.
No person or corporation shall erect or place any building in
whole or in part upon any highway, street or alley in the Borough
of Collingswood.
The owner of any building, fence or other encroachment or obstruction
now standing or which may hereafter be erected or placed upon any
street, highway or alley or other public ground within the Borough
of Collingswood shall, within 30 days after the service of a notice,
in writing, signed by the Superintendent of Public Works of said Borough
so to do, remove said obstruction.