[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:
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.
