[Amended 4-11-2017 by Ord. No. 1911]
A.
Subject to the provisions of this section, it shall be unlawful for any person, firm or corporation to remove, excavate, dig up or in any way disturb, or cause or suffer to be removed, excavated, dug up or in any way disturbed, the surface of any public street, road or highway within the Borough of Middlesex, or any sidewalk, gutter or pavement therein, for any purpose whatsoever, without first having obtained from the Construction Office, in writing, a permit for so doing; provided, however, that this article shall not apply to any public utility company, under the regulation of the State Board of New Jersey Public Utility Commissioners, whose duty it is to furnish gas, water, electric and telephone service to consumers within the limits of the Borough of Middlesex when said public utility authority is engaged in cases of emergency, such as water breaks, gas leaks and other similar situations. In all other instances, public utility companies shall be expected to and are required to abide by all of the provisions of this article. When any such person, firm or corporation shall apply for such a permit, the applicant shall state, in writing, the place or places in said Borough where said work is to be done, the character and extent of the work and the time within which it is to be completed.
B.
Notwithstanding anything to the contrary herein, no public street, road or highway excavations, dig ups or disturbances shall be permitted upon a public street, road or highway in the Borough of Middlesex if such public street, road or highway has been previously paved within the immediately preceding five years. However, subject to the conditions of a developer's agreement to be entered into between a developer and the Borough, street excavations, dig ups or disturbances upon a public street, road or highway located within a designated redevelopment area of the Borough of Middlesex may occur upon public streets, roads or highways paved within the immediately preceding five-year period with the approval of the governing body.
C.
Any excavation, dig up or disturbance of the surface of any public street, road or highway within the Borough of Middlesex must be fully restored by the person, firm or corporation who removed, excavated, dug up or in any way disturbed such public street, road or highway, at the sole direction and to the satisfaction of the Borough Engineering Consultants, which shall include, at minimum, milling and paving such public street, road or highway from curb to curb, across the entire width of the public street, road or highway, to fully encompass the area of such excavation, dig up or disturbance along the length of the public street, road or highway. If, in the sole and independent judgment of the Borough Engineer, the restoration of any public street, road or highway as required hereunder should not immediately occur, the person, firm or corporation who removes, excavates, digs up or in any way disturbs a public street, road or highway hereunder shall be required to pay to the Borough an amount equal to the anticipated costs of such restoration, as determined by the Borough Engineering Consultant.
D.
All persons, firms or corporations requesting to excavate, dig up or disturb the surface of any public street, road or highway within the Borough of Middlesex must post a bond for the maintenance of the restoration of such public street, road or highway in an amount not less than 120% of the estimated cost of the restoration. Such maintenance bond shall be in a form acceptable to the Borough Engineering Consultant and must be in place for not less than two years from the date of the completion of such restoration.