[Adopted 3-21-1956; amended in its entirety 11-10-1980 by Ord. No.
1980-17 (Ch. 74 of the 1971 Code)]
It shall be unlawful at any time for any person,
firm or corporation to cut, break, excavate or open any of the streets,
avenues or highways of the Borough of Palmyra, or any portion thereof,
for the purpose of installing, replacing, maintaining and repairing
underground facilities without first making a written application
to the Borough Clerk and receiving a permit for said work.
A.
The application for a permit to make an opening or
excavation in any road or street shall be in writing, dated and signed
by the applicant, and shall state the road or street proposed to be
opened or excavated and the object and purposes thereof and shall
also indicate the exact location, by length, width and depth, of said
intended excavation.
B.
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.
D.
The permit granted in pursuance of said application
shall be in such form as the Borough Council of the Borough of Palmyra
shall decide and shall be signed by the Borough Clerk.
E.
The work on any opening to be made under any such
permit shall be commenced within 10 days from the date of such permit
and the work prosecuted with due diligence to its completion. If for
any reason work is not commenced within said period of 10 days, the
applicant shall present the permit to the Borough Clerk, who shall
thereupon either return the deposit or extend the time for the beginning
of said work for another period of 10 days by endorsement on the permit,
and no permit so extended shall be valid unless the work thereunder
is commenced within 10 days from the date of such endorsement.
F.
Notices.
[Added 7-9-2012 by Ord.
No. 2012-23]
(1)
Whenever the governing body enacts any ordinance or resolution providing
for the paving or repaving of any street, the Borough Clerk shall
promptly mail a written notice thereof to each person owning sewers,
mains, conduits or other utilities in or under such street or any
real property, whether improved or unimproved, abutting such street.
Such notice shall advise such persons that no excavation permit shall
be issued for openings, cuts or excavations for a period of five years
from the date of completion of such improvements. The Borough shall
also promptly mail copies of such notice to the occupants of all houses,
buildings and other structure abutting such street for their information
and to state agencies and departments or other persons who may desire
to perform excavation work in such street.
(2)
Within 45 days, every public utility company receiving notice, as
prescribed herein, shall perform such excavation work, subject to
the provisions of this section, as may be necessary to install or
repair sewers, mains, conduits or other utility installations. In
the event any owner of real property abutting such street shall fail
within 45 days to perform such excavation work as may be required
to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner, or his/her
successors in interest, to make openings, cuts or excavations in such
street shall be forfeited for a period of five years from the date
of enactment of such ordinance or resolution. During such five-year
period, no excavation permit shall be issued to open, cut or excavate
in such street, except as provided for in accordance with Paragraph
G below.
G.
If, in the judgment of the Borough, an emergency, as described below,
exists which makes it absolutely essential that the repairs be undertaken,
excavation may be permitted. In the event of any emergency in which
a sewer or water main, sewer or water lateral, conduit or underground
utility of any kind or description in or under any street breaks,
bursts or otherwise is in such conditions as to immediately endanger
property, life, health or the public safety, the person owning or
controlling such utility shall obtain the verbal approval of the Borough
before taking emergency measures to cure or remedy the dangerous condition.
The person owning or controlling the utility shall apply for an excavation
permit, as provided herein, on the first business day on which the
Borough Clerk's office is open for business after the occurrence of
the emergency. Permanent repairs shall not be made until an excavation
permit has been obtained.
[Added 7-9-2012 by Ord.
No. 2012-23]
(1)
In the event that emergency excavation of any road, street, avenue
or highway of the Borough or any portion of the right-of-way is required
within the five-year period following paving or repaving of such,
special restoration of the roadway may be required, including but
not limited to full depth milling and overlay of the road as determined
by the Borough Engineer.
(2)
An additional fee of $150 for emergency excavation of any road, street,
avenue or highway of the Borough or any portion of the right-of-way,
will be required to be paid in addition to the standard application
fee.
Before the issuance of any such permit, the
applicant shall deposit with the Borough Clerk the following amounts:
A.
A minimum deposit of $50, which shall cover an excavation
no larger than 50 square feet in area.
B.
An additional amount for all street openings in excess
of 50 square feet, to be computed as follows:
(1)
Permanent paved streets, including concrete pavement
or bituminous concrete pavement on concrete or macadam base: $0.75
per square foot.
(2)
Paved streets, including bituminous concrete pavement
on gravel base: $0.35 per square foot.
(3)
Surface-treated streets, including bituminous surface
treatment on gravel or macadam base and also including bituminous
mixed-in-place streets: $0.20 per square foot.
(4)
Gravel streets with no treatment or pavement: $0.10
per square foot.
C.
An additional amount, based on the unit prices in
the preceding subsection, if the area actually excavated exceeds that
estimated at the time the application was made.
D.
In addition to the above deposit, the applicant shall pay a nonreturnable fee in the amount of $10 for the first 20 square feet or part thereof of any opening and $5 for each additional 10 square feet or part thereof, up to 50 square feet. In the case of openings which exceed 50 square feet, he shall pay, in addition, 25% of the amounts determined in accordance with Subsections B and C above.
A.
When the amount of the deposit, as determined under § 237-24 above, would exceed $1,000, the applicant may, at his option, furnish a guaranty bond for the full amount of such deposit instead of making the required deposit. Said bond shall unconditionally guarantee that the applicant will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the Borough.
B.
In the event that the applicant elects to provide a bond, as set forth in Subsection A above, and in the event that the bond guarantees that the applicant will repair any pavement defects resulting from the street opening in the manner and at the times required by the Borough for a period of one year following completion of the street surfacing, the amount of the fee to be paid will be reduced to $25, plus 5% of the amounts determined under § 237-24C above.
A.
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 guaranty bond to the Borough in the sum of $10,000, plus a permit
fee of $10.
B.
In the case of exceptional or complicated openings
or where the proposed opening involves construction of a longitudinal
pipe main serving more than one property or in any case where the
area to be opened exceeds 500 square feet, the applicant shall also
pay the actual cost of inspection or inspections.
C.
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. Such bond shall also include the one-year guarantee set forth in § 237-25 of this article. The Borough, at its option, may accept a corporate bond. Where the estimated cost of restoration exceeds $10,000, the public utility shall supply an additional bond to cover such excess.
D.
Said bond shall not be considered to be filed until
it is approved and accepted by resolution of the Borough Council.
E.
In the event that, after the proper filing of a bond
by a public utility as aforesaid, said public utility shall fail to
abide strictly by the provisions of this article, the Borough Council
may, by resolution and without prior notice to the public utility,
revoke the privileges granted under its bond, return such bond to
the public utility and require cash deposits for all future street
openings made by said public utility as well as cash deposits for
all openings not properly restored as of the date of revocation of
said bond.
In the event that the applicant should fail
to properly excavate, backfill or restore the pavement in accordance
with the Borough requirements and within the time set forth on the
application, the Borough may use such portion of the deposit as may
be necessary to properly complete the work. When the work has been
completed in accordance with the requirements and regulations as contained
herein and as may from time to time be adopted by the Borough to implement
this article, the deposit or such portion of the deposit which may
remain will be refunded to the applicant.
A.
The permit issued shall designate the number of square
feet to be excavated and the location of same and shall further designate
the time within which the work contemplated thereunder shall be completed.
The work shall be performed within the time specified in the permit.
B.
In the case of any opening which restricts vehicular
traffic to less than two ten-foot-wide travel lanes, excavation and
backfill shall be made within a single eight-hour period, except under
special occasions or circumstances where underground conditions or
structures warrant a longer period of time. In other cases they shall
be made within one week's time, except where underground conditions
or structures warrant a longer period of time.
C.
Street openings shall be resurfaced within the period
of time designated by the Borough at the time the application is approved.
Prior to resurfacing, the backfill shall be maintained in order to
prevent depressions or bumps in the street surfaces, and suitable
material shall be applied thereto to keep down dust.
Any person, firm or corporation making any opening
or excavation in any road or street in the Borough of Palmyra shall
carry out the work as expeditiously as possible and in such a manner
as to cause the least public inconvenience and to permit the use of
the sidewalk by pedestrians and the roadway by vehicles and the flow
of water along the gutters.
All openings, diggings, excavations, piles of
material, equipment and barricades, including earth, dirt, stone or
other materials removed from the excavation, shall be carefully guarded
at all times to prevent accidents, and a sufficient number of lighted
lanterns, flares or torches shall be maintained between sunset and
sunrise by the contractor or person to whom such permit has been granted
to designate such openings or obstruction during the hours of darkness.
Where any excavation or trench is to extend across any road or street,
only 1/2 of the same shall be made at one time, and it shall be properly
backfilled before the other 1/2 is excavated so as not to interfere
with traffic.
All existing pavements, road surfaces, sidewalks,
curbs, gutters, pipes, manholes, drains, conduits or other installations
or fixtures and property liable to be injured, damaged or destroyed
shall be properly protected by the person, firm or corporation doing
any work for which a permit has been granted during the time when
such work is being performed.
A.
In the case of a subdivider, where escrow funds or
other suitable guaranty for complete reconstruction of an existing
road has been provided and where proper approvals for all proposed
work have been obtained, the Borough Council may waive the requirements
of this article.
B.
In the case of a contractor performing work for the
Borough of Palmyra, the Borough Council may waive the requirements
of this article.
[1]
Editor's Note: Former § 237-33, Emergency openings,
was repealed 7-9-2012 by Ord. No. 2012-23.
[Amended 7-9-2012 by Ord.
No. 2012-23]
Any person violating any of the provisions of this Chapter 237, Article V, upon conviction by a court of competent jurisdiction, shall be fined in an amount not less than $500 and no more than $1,000 and still be required to comply with the requirements herein. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.