A. 
It shall be unlawful for any person, firm or corporation to disturb the surface of or make any opening or excavations of any kind in any municipal street, avenue, road or highway, either paved or unpaved, for any purpose unless such person, firm or corporation shall have first obtained a permit therefor and paid the fees therefor as hereinafter provided.
B. 
It shall be unlawful for any permit to be issued under the criteria as set forth in Subsection A herein for a period of two years after the resurfacing or repaving, or five years after the construction or reconstruction, of any street in the Borough of Longport unless and until an emergency situation has been declared by the Commissioner of the Borough of Longport, New Jersey, which emergency shall require the street to be opened.
It shall be unlawful for any person, firm or corporation having obtained a permit therefor to disturb a greater area of surface than specified in said permit or to perform construction in any trench or opening for a period longer than is specified in said permit. At no time during trench excavation shall more than 100 linear feet be open at any one time.
A. 
It shall be the duty of any person, firm or corporation making any excavation within any street of said Borough to protect the paving, sidewalk, curb and/or gutter upon any side of the opening. Sheet piling, or other such means as determined by the Borough, shall be utilized to prevent undermining or excessive pavement disturbance during the excavation. In determining the area of excavation for permit purposes, such additional areas as may be required to be removed and replaced by the Borough for failure of the excavator to take proper precautions shall be included in the cost of the permit.
B. 
Any openings and excavations shall not remain open overnight and shall be backfilled to match existing grade. All openings and excavations shall be adequately and safely protected by fencing, barricades, lights and warning signs as determined by the Borough and in accordance with the Manual on Uniform Traffic Control Devices. No excavation shall exceed more than 1/2 of the pavement width of any street at any one time. One lane of vehicular and pedestrian traffic shall be provided at all times during the excavation.
C. 
The excavator shall backfill all excavations with clean fill material absent debris, clay, and/or vegetative matter to a height sufficient to provide a minimum four-inch-thick layer of compacted road gravel (NJDOT Soil Aggregate I-5) and a minimum six-inch-thick compacted hot mix asphalt base course (NJDOT HMA19 or 22M64) within existing paved cartways. Where areas of concrete curb, gutter, sidewalk or driveway apron are disturbed by the excavator, the damaged areas are to be removed to the extent determined by the Public Works Supervisor and replaced with six-inch-by-eight-inch-by-eighteen-inch vertical concrete curb, six-inch-thick-by-twenty-four-inch-wide concrete gutter, six-inch-thick concrete driveway apron and sidewalk, and four-inch-thick concrete sidewalk, as appropriate. All concrete shall be NJDOT Class B and constructed per NJDOT Standards.
[Amended 8-21-2002 by Ord. No. 2002-13; 6-21-2017 by Ord. No. 2017-16]
D. 
All openings within roadway travel and parking areas shall receive the temporary adequately compacted asphalt base course paving on or before 4:30 p.m. on the Friday of the same week during which the excavation was performed. No openings or trenches shall be permitted to remain open or without asphalt over the weekends or holidays. Temporary asphalt paving shall consist of a six-inch-thick layer of hot mixed asphalt (NJDOT HMA 22 or 19M64) over the required four-inch-thick road gravel base. All soil backfill and gravel base material shall be properly compacted prior to placement of the asphalt material. During inclement months when asphalt plants are closed, the contractor may be permitted to place a two-inch-thick plant mixed winter weather asphalt as a patch material. However, the contractor shall replace such temporary material with the required hot mixed asphalt within one week of the asphalt plant reopening. Under no circumstances shall concrete or concrete-stabilized material be permitted within an asphalt paved cartway. All excavation, preparation, and placement of asphalt paving and subbase shall be in accordance with the current edition of the NJDOT Standard Specifications for Roadway and Bridge Construction. All joints along existing asphalt shall be first sawcut and tacked prior to placement of the hot mix asphalt.
[Amended 8-21-2002 by Ord. No. 2002-13; 3-16-2011 by Ord. No. 2011-02; 6-21-2017 by Ord. No. 2017-16]
E. 
When multiple openings by the same utility company are required to be made within a street during the two-year period following overlay or five-year period following reconstruction of said street, and the number of openings within an individual block are such that an area greater that 1.5% of the paved surface of the street within any one block is disturbed; or if more than 1/3 the width of the street is disturbed for more than 10 feet; or three or more openings are made within any fifty-foot length, then surface restoration shall extend across the entire area encompassed by and between the collective width and length of the multiple street openings, which restorations shall consist of the entire area being milled to a depth of not less than two inches and the milled area resurfaced with bituminous concrete surface course, mix one to five. This shall be accomplished in addition to pavement restoration of the individual openings.
[Added 5-20-1998 by Ord. No. 98-6]
F. 
When multiple utility openings by the same utility company are required to be made within a street during the two-year period following overlay or five-year period following reconstruction, and the number of openings within an individual block are such that five or more openings are made by a single utility company, then surface restoration shall extend across the entire area encompassed by and between the collective width and length of the multiple street openings, which restoration shall consist of milling the entire area to a depth of two inches and overlaying the milled area with a two-inch-thick layer of bituminous concrete surface course, mix one to five.
[Added 5-20-1998 by Ord. No. 98-6]
G. 
The Borough of Longport reserves the right to expand or decrease the milling and paving restoration requirements based on existing field conditions.
[Added 5-20-1998 by Ord. No. 98-6]
H. 
At the conclusion of the milling and paving restoration, any additional utility openings by the same utility company made subsequent to the restoration will not be incorporated into the previous utility openings until the aforementioned threshold limitations are met.
[Added 5-20-1998 by Ord. No. 98-6]
The Borough Clerk of the Borough of Longport is hereby authorized to issue a permit to make openings or excavations with municipal streets to such person, firm or corporation as shall apply for and pay the fees therefor as hereinafter mentioned, which permit shall be valid for the period as stated thereon and shall designated the location and surface area of such excavation is to take place, the name of the person, firm or corporation to whom such permit shall be issued and the fees and deposits paid therefor.
A. 
To defray the expense of issuing the permit and inspection of the excavation and pavement replacement, any person, firm or corporation obtaining such permit shall pay to the Borough Clerk for such permit the following fees:
(1) 
For every permit for making openings or excavations outside of the paved portion of the municipal street, avenue, road or highway; nonrefundable application fee:
[Amended 3-16-2011 by Ord. No. 2011-02]
(a) 
From zero to five total square yards: $25 per opening.
(b) 
Greater than five to 25 square yards: $75 per opening.
(c) 
Greater than 25 square yards: $150 per opening.
(2) 
For every permit for performing excavations within the paved portion of any municipal street, avenue, road or highway, a nonrefundable application fee of:
[Amended 3-16-2011 by Ord. No. 2011-02; 6-21-2017 by Ord. No. 2017-16]
(a) 
Up to five square yards: $100.
(b) 
Five square yards to 25 square yards: $200.
(c) 
Greater than 25 square yards: $250 plus $5 per square yard above 25 square yards.
(d) 
In addition to the application fee as stated, the applicant shall submit a separate nonrefundable fee for permanent pavement restoration in the amount of $100 per square yard. Where the entire width of paving in one block is to be replaced per Subsection E, the pavement restoration fee will be waived.
(3) 
Security deposit.
[Amended 3-16-2011 by Ord. No. 2011-02]
(a) 
For all work performed within the asphalt cartway of any municipal roadway, the permittee shall, in addition to the non refundable permit fee as above described, provide a restoration performance guaranty in the amount of $1,000. The restoration performance guaranty shall be provided prior to the formal issuance of the street opening permit. Said guaranty shall be only in the form of a cashier's check or certified check made out to the Borough of Longport.
(b) 
Repetitive permittees may avoid the per-permit guaranty by posting a yearly guaranty bond in the amount of $5,000. Said bond shall be posted with the Municipal Clerk and shall run not less than one year. Said bond shall condition upon said permittee that it, its agents and assigns shall restore any street opening to the conditions provided for in Chapter 147 of the Code of the Borough of Longport and that, upon any failure to restore said opening to the satisfaction of the Borough, it shall guarantee the payment to the Borough of any monies which the Borough is obligated to expend as a result of the permittee's failure to provide such proper restoration.
(c) 
For all utility work relating to the installation of individual electric, gas, telephone, or cable utility, the Permittee may be the utility, a contractor, or a developer of said property. In the case of a utility, a security deposit in accordance with Subsection A(4) is permitted.
(d) 
For all utility work other than individual utility service connections to existing distribution lines, only the respective utility company may be the permittee.
(e) 
No security deposit or performance guaranty will be required for work within the public right-of-way for concrete work (curb, gutter, and sideway, and driveway aprons) outside of the travel lanes if said work is less than 25 square yards.
(4) 
In lieu of said security deposit, any public utility corporation, as defined in Title 48, Chapter 2, Section 13 of the Revised Statutes of New Jersey, may file with the Borough Clerk a yearly bond to the Borough in the sum of not less than $5,000, which bond shall condition upon said public utility corporation that it shall restore to its original condition any municipal street, avenue, road, highway within the Borough, opened or excavated by said public utility, its agents and assigns, and otherwise complying with all provisions of this article, and further guaranteeing for the payment to the Borough of any moneys which said Borough is obligated to expend as a result of the failure of said public utility, its agents and assigns to restore such municipal street, avenue, road or highway to its proper original condition. Said bond shall not be considered to be on file with the Borough unless and until approved and accepted by the Borough Commission. In the event that the public utility shall fail to abide strictly by the provisions of this article, the Borough Commission may, by resolution, revoke the privileges granted under its bond, return the bond to the public utility and require the posting of security deposits specified hereinbefore for all future road and street openings made by said public utility. Nothing contained in this section shall be construed to relieve said public utility of its obligation to obtain a permit and pay the application fee provided for in this article.
(5) 
In the case of an emergency involving any underground gas, water, sewer, telephone, electric or cable facility where immediate repair is required to prevent loss or damage to public and/or private property, or to provide continuation of service, it shall not be necessary to first obtain a permit before commencing such repair, but notification to the Borough Clerk during normal business hours, or Borough Police Department otherwise by telephone, must be performed prior to performing said excavation. Such permit shall be obtained on the next business day following an emergency excavation, and this subsection shall not be construed to exempt the person, firm or corporation repairing said facility from any other of the provisions of this article.
(6) 
Any Borough of Longport public works project performed by the contractor under contract to the Borough of Longport or by personnel under employment by the Borough of Longport shall not be required to obtain a permit.
B. 
The Borough Clerk shall keep records of all permits issued and forward all fees therefor to the Borough Treasurer, which fees shall be accounted for by the Borough Treasurer in his or her reports to the Borough Commissioners.
C. 
The Borough of Longport shall perform the permanent restoration of the areas so opened as designated in the permit at the sole expense of the permittee in those instances where the permittee has not properly completed the work or failed to perform within the time period granted in the permit. The applicant shall be first notified, in writing, by the Borough Clerk of his or her failure to comply with the conditions of the permit and be given 30 calendar days from said notice; if the applicant fails to take and complete the corrective work, the Borough shall declare the security deposit in default and proceed to perform the work. Should the cost to the Borough for performing the work exceed the security deposit, the applicant shall become liable for such excess costs. Should the cost of the work be less than the amount of the security deposit, the remaining amount shall be refunded to the applicant.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding the sum of $500 or to imprisonment for a period not exceeding 90 days.