[Adopted as Section 14-1 of the Revised General
Ordinances (Ch. 153, Art. I, of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Director of Public Works.
[Amended 5-18-1982 by Ord. No. 82-2]
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough as a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
A.
No person shall make an excavation in any street without
first obtaining a permit from the Borough Clerk.
B.
An excavation may be commenced without a permit where
an emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work has begun.
C.
The Borough Clerk may issue permits to other public
bodies without fee.
The Borough Clerk is authorized to refuse the
issuance of any permit if such refusal is in the interest of public
safety, public convenience or public health. In the event that any
permit shall be refused by the Clerk, an appeal may be taken to the
Council. The Council, after hearing the applicant and the Clerk and
other evidence as may be produced, may either direct the issuance
of such permit or sustain the refusal of the Director.
Applications for a permit shall be made to the
Borough Clerk and shall contain the following information:
A.
Name and street address of the applicant.
B.
Name of the street where the opening is to be made
and the street number, if any, of the abutting property.
C.
The Borough Tax Map block and lot numbers of the property
for the benefit of which the opening is to be made.
D.
Nature of the surface in which the opening is to be
made.
E.
Character and purpose of the work proposed.
F.
Time when the work is to be commenced and completed.
G.
Each application shall be accompanied by a set of
plans in quadruplicate showing the exact location and dimensions of
all openings and details of opening restoration.
[Amended 12-21-1992 by Ord. No. 92-19]
H.
The name, address, business telephone number and emergency
telephone number of the workman or contractor who is to perform the
work.
[Amended 12-21-1992 by Ord. No. 92-19]
I.
A statement that the applicant agrees to replace,
at his own cost and expense, the street, curb, gutter and sidewalk
in the same state and condition in all things as they were at the
time of the commencement of the work within 48 hours of the commencement
of same.
Permits shall be issued by the Clerk under the
authority of the Director and in accordance with the provisions of
this article and the regulations which the Director may establish.
The Director shall determine the initial time limit during which the
permit shall be valid.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation is to be made, the dimensions of the opening and the period
during which the permit shall be valid. The original of each permit
shall remain on file with the Department of Public Works.
[Amended 8-19-1980 by Ord. No. 80-12; 12-21-1992 by Ord. No.
92-19]
A.
Application fees. Fees must be paid when the application
is made. The applicant shall be charged a minimum fee of $100 for
any opening up to 45 square feet. In the event that the opening exceeds
45 square feet, an additional fee of $10 per each additional 45 square
feet shall be charged up to 1,800 square feet. Over 1,800 square feet,
the fee shall be $500 regardless of the size of the opening.
B.
Engineering escrow. A cash escrow fee for engineering
review and inspection shall also be posted with the application for
the street opening to cover the cost of said work performed by the
Engineer.
[Amended 5-18-1982 by Ord. No. 82-2]
No permit shall be issued until the applicant
has filed a bond or cash security in an amount determined to be sufficient
by the Borough. The cash security shall be $20 per square foot, which
shall be returned to the applicant upon approved inspection of the
completed work. Any bond shall be executed by the applicant as principal,
and a surety company licensed to do business in the State of New Jersey
as surety and shall be conditioned upon the applicant's restoring
the surface and foundation of the street for which the permit is granted
in a manner acceptable to the Director of Public Works. One bond may
be accepted to cover a number of excavations by the same applicant.
Bonds shall remain in force for a period to be determined by the Director
of Public Works.
[Amended 12-21-1992 by Ord. No. 92-19]
No permit shall be issued until the applicant
has furnished the Clerk with satisfactory proof that he is insured
against injury to persons and damage to property caused by any act
or omission of the applicant, his agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards likely to arise in connection with
the work, including but not limited to collapse and explosion, and
shall also insure against liability arising from completed operations.
The limits of the policy of insurance shall be $1,000,000 per occurrence
for personal injuries and $500,000 per occurrence for property damage.
All permits issued under this article shall
be subject to the following rules and regulations:
A.
All excavations shall be kept properly barricaded
at all times and, during the hours of darkness, shall be provided
with proper warning lights. This regulation shall not excuse the permittee
from taking any other precaution reasonably necessary for the protection
of persons or property.
B.
All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No street
shall be closed to traffic unless the closing is approved by the Chief
of Police. The Police Department shall be informed of all street closings
at least 24 hours in advance, except where the work is of an emergency
nature when notice shall be given to the Police Department when work
commences. Only 1/2 of a street shall be closed at one time.
C.
The Director may, upon application by the permittee,
extend the time limit during which the permit shall be valid.
D.
All refuse and material must be removed within 48
hours.
E.
All excavations shall be completely backfilled by
the permittee and shall be compacted by tamping or other suitable
means in a manner prescribed by the Director. Where the Director determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with sand, soft coal, cinders or other
suitable material which shall be placed in layers not exceeding six
inches in depth and thoroughly compacted in the manner prescribed
by the Department. Upon completion of the work, the permittee shall
remove any excess material and leave the premises in a clean condition.
If the Director determines that any backfilled excavation has settled
or caved in, he shall so notify the permittee, who shall promptly
continue backfilling until the Director determines that settlement
is complete.
F.
No person shall disturb more pavement than the permit
has been issued for without applying for a new permit.
G.
If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
H.
If the work is not completed within the time specified
in the permit or any extension granted by the Director with the regulations
set forth in this section and any other regulations that may be established
by the Director, then the Director shall have the work completed and
the surface of the street restored. The cost of completing the work
and restoring the street shall be charged to the permittee and may
be deducted from his deposit or recovered by an action in any court
of competent jurisdiction.
[Amended 3-9-2016 by Ord.
No. 2016-01]
A.
If it is necessary to open a street that has been paved within the last five years of the permit application as required by § 351-2, the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of approximately 100 feet around the area of the opening.
B.
The distance
in either direction of the opening will be determined by the Borough
Engineer based on the proximity to other roadways or utility concerns.
In most cases, final pavement restoration will encompass 50 feet in
both directions of the opening for a full width of the existing road.
The Borough Engineer may allow resurfacing to the center line of the
road only if the opening is completed within one lane and does not
involve disturbance across the center line.
C.
Temporary
and final pavement restoration shall be completed in accordance with
Borough standards, and milling will entail the full length and width
that must be repaved.
D.
The restoration
of the pavement shall be done no less than 60 days after the opening,
and no more than 120 days after the opening. This will allow for any
settlement in the trench to take place before the final pavement is
placed. Exceptions to this time frame may be allowed by the Borough
Engineer dependent upon the time of year, which can affect the availability
of paving materials.
[Amended 5-18-1982 by Ord. No. 82-2]
No tunneling shall be permitted except where
practicable, and an earth drill may be used to bore a hole of the
same diameter as the pipe or conduit being installed. Such drilling
shall be permitted only with the approval of the Director of Public
Works.
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 45 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate,
unless extended in writing by the Director.
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the Director,
must be kept in possession of the person actually performing the work
and shall be exhibited on demand to any duly authorized employee of
the Department of Public Works or to any police officer of the Borough.
D.
Revocation of the permit.
(1)
The Director may revoke a permit for any of the following
reasons:
(a)
Violation of any provision of this article or
any other applicable rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on work under the permit in a manner
which endangers life or property or which creates any condition which
is unhealthy or unsanitary or is declared by any provision of the
Code of the Borough of Gibbsboro to constitute a nuisance.
(2)
The procedure for revoking a permit shall be the same
as that set forth in the Code of the Borough of Gibbsboro for the
revocation of licenses, except that the initial hearing shall be before
the Director with a right of appeal to the Council; and the Director
may provide in his decision that the revocation shall not become effective
if the permittee corrects the violation within a specified period
of time.
E.
Modification of permit conditions. In a special case
the Council may by resolution impose special conditions to which the
issuance of the permit may be subject or may decide that any provision
of this article shall not apply or shall be altered.
The Director may make any rules and regulations
which he considers necessary for the administration and enforcement
of this article, but no regulation shall be inconsistent with, alter
or amend any provision of this article or impose any requirement which
is in addition to those expressly or by implication imposed by this
article. No regulations shall be effective unless they shall be approved
by resolution of the Council. Copies of all current regulations shall
be furnished to each permittee at the time of the issuance of the
permit.
