[Adopted 3-7-1977 as Ch XI of the 1976 Revised General Ordinances]
A. 
No person shall do any excavating, test drilling or disturb any public street or road surface or curbing or sidewalks within the right-of-way of any street or road in the borough, including all sidewalks, streets and roads in private developments not a part of the borough street system at the time of excavation, but where it is contemplated that application will subsequently be made to have the streets or roads become a part of the borough road system for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe, storm drain or any electric, telephone or telegraph pipes or conduits, or for any other purpose whatever without first having obtained a permit from the Borough Clerk.
B. 
It shall be unlawful for any person to make a tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the borough for each separate undertaking.
C. 
Any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day of which the office of the Borough Clerk is open for business, and the permit shall be retroactive to the date when the work was begun.
D. 
The acceptance of any permit under this article shall constitute an agreement with the Borough of Hamburg providing that the applicant agrees to save the borough, its officers, employees and agents harmless for any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit.
No permit shall be issued unless a written application for the issuance thereof is submitted to the Borough Clerk, in triplicate, on forms supplied by the borough, signed by or on behalf of the applicant by a duly authorized agent, which said application shall contain the following information:
A. 
The name and address of the applicant.
B. 
The nature and purpose of the excavation.
C. 
Three complete copies of the plans and specifications showing the work contemplated to be done, and indicating clearly the location and section of street which applicant desires to open. Three complete "as built plans" shall be filed if any changes are made from the original plans.
D. 
The length, width and depth of the proposed opening and the type of road surface to be opened.
E. 
The outside diameter of all proposed manholes.
F. 
The date of commencement and the date of completion of the proposed work.
G. 
The name and address of the person, firm or corporation who is to perform the work.
H. 
In cases where the proposed opening involves construction of a longitudinal pipe main serving more than one property, the borough may also require the applicant to submit plans showing the information required above and also the relationship of the proposed installation to the existing pavement, other utilities, the street right-of-way lines and any other physical features which might be affected by the proposed construction.
I. 
In all cases the applicant must also submit evidence of compliance with N.J.S.A. 48:2-73 et seq. providing for notice to gas companies of such excavations.
J. 
Except as provided in subsection 11-1.9, relative to New Jersey public utilities corporations, the applicant shall, as part of each application, annex thereto a certificate by its liability insurance carrier, acceptable to the borough, showing that the applicant has liability insurance, during the period required for the proposed improvement in the following minimum amounts:
(1) 
For personal injury to one person: $100,000.
(2) 
For personal injury for one accident: $300,000.
(3) 
For property damage: $50,000.
K. 
Except as provided in § 183-9, relative to New Jersey public utility corporations, the applicant shall, as part of each application, annex thereto a certificate showing that the applicant is covered by Workers' Compensation during the period required for the proposed improvement.
Before the issuance of any such permit, the applicant shall deposit with the Borough Clerk the following amounts:
A. 
The fee in the amount of $25 to cover the cost of inspecting the work authorized by the permit.
B. 
A security deposit in the form of an acceptable bond with good and sufficient surety approved by the Borough Attorney to guarantee faithful performance of the work authorized by the permit granted pursuant to this article and shall continue for a period of two years after the restoration of the site excavated. The amount of the bond shall be 100% of the estimated cost of the work to be done by the permitee.
C. 
In lieu of the foregoing, the applicant may submit a cash deposit in lieu of the surety bond conditioned upon the faithful performance of the work authorized by the permit granted pursuant to this chapter and provided that the borough may use any or all of such deposit to defray the cost of any work the borough performs to restore and maintain the street as herein provided in the event the permitee fails to perform such work.
D. 
In no event, however, shall such security deposit be less than $200. All deposits aforementioned shall be held by the Borough of Hamburg for two years as security for the performance of the work necessary to restore the roadway, street, sidewalk or other area to the same condition as it was prior to the excavation. The deposit, upon certification by the Borough Engineer or such other officer shall be appointed for that purpose that the work has been properly performed, and that the restoration of the excavation site has been maintained for two years from the completion thereof and is in acceptable condition, shall be returned to the applicant, providing, however, that if the applicant fails to perform such work within two years from the date of the subject excavation, the amount refunded shall be reduced by such amount as the borough shall be required to expend to perform or correct the work. In addition thereto the applicant shall remain liable to the borough for any expenditures which the borough may be required to make in excess of the cost of restoration and maintenance for two years following the completion of the work as provided by this ordinance. Application for the return of the security deposit shall be made by submission to the Mayor and Council of a verified voucher setting forth the amount to be returned together with a certification of the Borough Engineer approving the release.
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the applicant shall be unable to commence or complete the work within the specified time, he/she shall, prior to expiration of the permit, present in writing to the Borough Clerk and Borough Engineer a request for a specified extension of time, setting forth therein the reasons for the requested extension. If such an extension is necessary and not contrary to the public interest, the applicant may be granted additional time for the commencement or completion of the work by the Mayor and Council after approval of the Borough Engineer.
The provisions of this article shall not be applicable in those instances where the highway is maintained by the State of New Jersey, or by the County of Sussex, except in such cases where the borough may have special arrangements with the state or county.
A. 
Any permit may be revoked by the Borough Engineer after notice to the applicant for:
(1) 
Violation of any condition of the permit or of any provisions of this article.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
B. 
Written notice of any such violation or condition shall be served upon the applicant or his/her agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified United States mail addressed to the person to be notified.
C. 
An applicant may be granted a period of 48 hours from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before the permit is revoked.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Borough Engineer shall do such work as may be necessary to complete such work as was authorized by the permit and to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the borough shall be recovered from the deposit or bond of the applicant filed with the borough.
A. 
It shall be unlawful to make any such opening, excavation or tunnel in any way contrary to or at variance with the terms of the application or permit therefor, and proper bracing shall be maintained to prevent the collapse of adjoining ground and no portion of any excavation below the surface shall extend beyond the opening at the surface. No injury shall be done to any pipes, cables, or conduits in the making of such excavations or tunnels and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the municipal department or officer charged with the care thereof, which will or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits or shrub or the roots thereof.
B. 
The Borough Engineer or such officer as the municipality shall appoint shall have full supervision over any opening to be made as provided in this article or permit granted hereunder. During the excavation or restoration, the applicant or contractor shall maintain safe crossings along the line of the openings and keep the same properly guarded by suitable barricades and warning signs during the day, and by barricades and lights at night. Provisions satisfactory to the Borough Engineer shall be made for protection for pedestrians who are compelled to walk in the street when sidewalks are completely blocked.
C. 
If the excavation extends the full width of the road, only 1/2 of the road shall be opened, and this is to be backfilled before the other 1/2 is opened, so as to permit the free flow of traffic.
D. 
Tunneling or mechanical methods of boring under the road for service installations may be permitted only on written approval of the Borough Engineer. Where any tunnel is constructed, upon completion of the work, the tunnel shall be backfilled with compacted sand where required by the Borough Engineer. The bond or cash security deposit for tunneling shall not be released for at least two years after the initial installation.
E. 
Backfilling must be done with an approved type of road gravel unless the existing excavated material is of a satisfactory type approved by the Borough Engineer. The backfill material must be thoroughly moistened and mechanically tamped until thoroughly compacted. All excess material shall be removed from the site. Landscaping necessary to completely restore the site shall be undertaken and maintained for a period of two years from the date of the completed restoration.
F. 
Temporary restoration of pavement is to be made immediately after the opening has been properly backfilled and compacted, and the permanent restoration of pavement shall be made not less than 30 days nor more than 60 days from the date the temporary pavement was installed, and such permanent restoration shall, as nearly as possible, duplicate the original pavement in type, material, color and texture of the surface.
G. 
In the event of any dispute with respect to the manner of performing the work the decision of the Borough Engineer is final.
A. 
When the amount of the deposit as determined under § 183-3 will exceed $1,000 the applicant may request of the Mayor and Council, that in lieu of a cash deposit, a performance guarantee bond for a part or all of such deposit be supplied to the borough to satisfy the provisions hereof. The bond shall unconditionally guarantee that the applicant will make the proposed street opening, backfill same, and restore the pavement in accordance with the requirements of the borough. In all cases, the alternative bonding provisions, in lieu of a cash deposit shall be at the discretion of the Mayor and Council.
B. 
In the event that a bond is supplied for the entire security deposit, it shall remain in force and effect for a period of two years following completion of the permanent restoration and the amount of the application fee to be paid shall be reduced to $25.
When the applicant is a public utility as defined by the statutes of the State of New Jersey, the borough may accept, in lieu of the required deposits and fees previously set forth herein, a performance guarantee bond running to the borough in the sum of $10,000 plus a permit fee of $25. In the case of exceptional or complicated openings or where the proposed opening involves construction of a longitudinal pipe main servicing more than one property or in any case where the area to be opened exceeds 500 square feet applicant shall also pay the actual cost of inspection or inspections. Such bond shall guarantee payment of the amount that would have been deposited in the event of failure of the applicant to comply with this article. Such bond shall guarantee that the public utility will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the borough. The bond shall also include the two year guarantee set forth in § 183-8. The borough, at its option, may accept a corporate bond. Where the estimated costs of restoration exceeds $10,000, the public utility shall supply an additional bond to cover such excess. The bond shall not be considered to be filed until it is approved and accepted by resolution of the Borough Council. In the event that, after the proper filing of a bond by a public utility as aforesaid, the public utility shall fail to abide strictly by the provisions of this chapter, the Borough Council may, by resolution, and without prior notice to the public utility, revoke such bond to the public utility, and require cash deposits for all future street openings made by said public utility, and require cash deposits for all openings not properly restored as of the date of the revocation of the bond.
The officer appointed by the Borough of Hamburg for such purpose, or the Borough Engineer, if no such officer shall be appointed, shall inspect or cause to be inspected all openings, excavations, and tunnels being made in or under any public street, alley, or other public place in the borough to see to the enforcement of the provisions of this article. Notice shall be given to him/her at least 10 hours before the work of refilling of any such tunnel or excavation commences.
Nothing contained in this article shall be construed as requiring the issuance of a permit for the performance of any opening or excavating by the Borough Water Department or any agency of the borough dealing with sewers, drains, or street improvements or any municipally owned utility of the borough.
Any person aggrieved by any action of the Borough Engineer or any other borough official in the enforcement of any provisions of this article shall have a right to appeal to the Borough Council. The appeal shall be taken within 14 days after the action complained of has occurred. Appeals shall be made in writing to the Borough Council, and shall set forth reasons for the appeal. The Borough Council thereupon shall set a date for a hearing to take place within 30 days after receipt of the request for a hearing.