[Adopted 7-21-1964 by Ord. No. 448]
[Amended 12-6-1988 by Ord. No. 0.8.88]
No person, firm or corporation shall disturb,
dig into, excavate or make an opening of any kind in the surface,
bed and right-of-way of any street, road, avenue or other right-of-way
dedicated to the public, which has been accepted by or jurisdiction
over which has been exercised in any manner by the Borough of Paulsboro,
heretofore or hereafter, without first having obtained a permit therefor
in compliance with the provisions of this ordinance from the Construction
Official or other properly designated municipal official. The only
persons who can make such openings or excavations without obtaining
a permit are employees of the Borough of Paulsboro or of any of its
utilities, in the performance of their Borough duties and work under
the supervision of Borough officers.
[Amended 12-6-1988 by Ord. No. 0.8.88]
The only time an opening for an excavation may
be made in, upon or under the surface of any street, without first
having obtained a permit, is in the event of any sudden and emergent
break of any water, sewer, gas, oil or other underground lines which
endanger the life, health and safety of the public or people of Paulsboro
or their property. The making of any such opening or excavation shall
be reported immediately within 24 hours to the Police Department and
the Construction Official, and a permit therefor shall be obtained
within 48 hours.
[Amended 12-6-1988 by Ord. No. 0.8.88]
Each application for a permit to open or excavate
in or under the surface of any street shall be in writing, numbered
consecutively by calendar year and kept on file in the office of the
Construction Official. In each application shall be set forth the
name and address of the applicant, the name and address of the property
owner or other person for whose benefit the opening or excavation
is being made, the street and exact location of the opening or excavation,
the size, length, breadth and depth of the opening or excavation and
its purpose, the type of street surface, the time and date when it
is to be made, the date that the opening or excavation and street
surface will be restored and such other details as may be necessary.
Each application shall be in duplicate, and a copy of the permit,
if granted, shall be attached thereto. The application shall also
contain space and provision to note thereon that there has been a
completion and an inspection of the restoration of the opening or
excavation and of the street surface, which shall be in a satisfactory
manner, and the date of the same and signature of the Borough official
making the inspection.
When any street has been covered with a hard
surface, two inches or more in thickness, much as concrete or F.A.B.C.,
No. 1, within five years from the date on which a permit to open it
is requested, no permits to open the surface of the same shall be
granted except upon a majority vote of the Borough Council after presentation
and consideration of the application therefor, the Council being satisfied
that one or more of the following reasons exists making it necessary
to grant the permit:
B.
The necessity and purpose for opening the surface
of the street could not have been and was not discovered by the applicant
for the permit prior to the time the hard surface was installed, and
the applicant is bound by the actions of any predecessor in title
to his lands in this respect.
C.
The best interests of the Borough require that the
permit be granted.
A permit, as set forth in this ordinance above,
shall be required for any tunneling or mechanical boring under the
surface of any street for any purpose whatsoever. Any such tunneling
or boring shall be done only after the Borough Engineer has recommended
that it be permitted and shall be done under the supervision of said
Engineer, whose services shall be paid for by the applicant.
A.
All pavements, sidewalks, curbs, gutters, pipes, manholes,
drains, conduits or other installations and private property of adjoining
owners shall be properly protected by the person or firm obtaining
the permit for the street opening. Any damage thereto shall be the
responsibility of and paid for by the person or firm to whom the permit
is issued. A surety bond may be required for this purpose by the Borough
Council.
B.
All openings shall be protected at all times to prevent
injury to persons and property. The holder of the permit may be ordered
to furnish additional protection for this purpose at any time by an
official or proper supervisory employee of the Borough.
C.
Where the excavation will extend across the full width
of a street, 1/2 of the same shall be made at one time and shall be
properly backfilled before the other 1/2 is excavated so as not to
interfere with traffic.
All surfaces and subsurfaces of street openings
shall, at the cost and expense of the person or firm obtaining the
permit, be replaced in such a manner as is acceptable practice and
procedure of the Borough or may be recommended by the Borough Engineer.
The materials used to refill the subsurface shall be tamped and of
the proper type and grade for that location. The surface shall be
replaced with an application of new materials, in a workmanlike manner,
of the same type and grade as existed there at the time of excavation.
All debris shall be removed from the area and the surface, and any
surrounding area used or disturbed shall be restored at least to its
original or a better condition. Replacement of the surface shall be
done by persons or firms who are engaged in such type of work and
are, in the opinion of the Borough Engineer, competent to do the same.
A bond with sufficient surety shall be posted
in double the amount of the estimated cost of replacing the subsurface
and surface of any proposed street opening by the applicant for the
permit. Money may be posted in lieu of a bond for the estimated amount
of such cost. If the opening is one more than 10 square feet in size
or the replacement of the subsurface and surface thereof will or does
amount to more than $100, the Borough Council may, in its discretion,
order that a maintenance bond for one year be posted by the holder
of the permit. Special arrangements which will properly protect the
interests of the Borough may be made with public utilities franchised
and operating in the Borough with regards to posting of bonds for
street openings.
All street openings shall be opened, closed
and replaced as expeditiously as possible under the circumstances
and purpose of the opening. If the same are not replaced expeditiously
as aforesaid and good cause for the delay is not shown, the Borough
may, after notice and hearing thereon, proceed to close and replace
the street opening and charge the cost thereof to the holder of the
permit.
Any person or persons violating any of the provisions
of this ordinance shall, upon conviction thereof, be punished by a
fine not exceeding $200 or by imprisonment not exceeding 90 days,
or both.
If any part or parts of this ordinance are for
any reason held invalid, such decision shall not affect the other
parts of the same.
This ordinance shall take effect after final
passage and publication as required by law.
