[Secs. 8-2.1 through 8-2.8, 8-2.10 and 8-3 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
STANDARD SPECIFICATIONS
The Standard Specifications for Road and Bridge Construction, New Jersey State Highway Department (1983), as revised and supplemented.
STREET
Includes one or more street or streets, public thoroughfares, roads, highways, lanes and alleys or any part thereof.
No person, company, firm or corporation shall remove, excavate, dig or in any way disturb any municipal street for any purpose without first obtaining a written permit for doing so as hereinafter provided. The term "street" includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curb, sidewalks, parking areas and other areas within the street lines.
A. 
Permit forms shall be obtained from the Road Opening Inspector and shall contain a clear and definite description of the location and the size of the opening. The application shall consist of the following:
(1) 
Application form.
(2) 
Application fee.
(3) 
Inspection fee.
(4) 
Restoration guarantee.
(5) 
Certificate of insurance.
B. 
Applications shall be submitted to the Road Opening Inspector for review. The Road Opening Inspector shall issue a permit when the provisions of this article have been complied with.
The work on any opening to be made under the permit provided for in this article shall be commenced within 30 days from the date of said permit and the work prosecuted with due diligence until its completion. If for any reason the work is not commenced within said period of 30 days the permit shall be void unless, within such period of 30 days, the applicant shall present the permit to the Road Opening Inspector, who shall thereupon take proper procedures to refund the deposit. Permittee shall give notice to the Road Opening Inspector at least 48 hours prior to commencing any work on openings or excavations for which a permit has been issued.
A. 
The applicant shall pay the Road Opening Inspector, before any permit is granted, the following fees, which shall not be refundable.
(1) 
Application fee: $30.
(2) 
Inspection fee: $35.
B. 
In addition to the above payments, the applicant shall be required to deposit an amount sufficient to pay the expenses of repairing and replacing the public road or street area or if subsequent inspections are required as may be determined by the Road Opening Inspector. The minimum amount deemed sufficient to pay the expenses of repairing and maintaining and replacing the public road or other surfaces or appurtenances shall be $500.
C. 
Any person may file a bond, in an amount equal to or exceeding the amount determined by the Road Opening Inspector, to pay the expenses of repairing and replacing the public road or street or other surfaces or appurtenances within the street area. The bond shall be approved by the Borough Attorney as to form, amount and surety prior to its being filed with the Road Opening Inspector. The bond shall be conditioned upon replacing any such opening or openings in the manner required herein.
A. 
In lieu of a deposit, public utilities may file a blanket performance bond in the amount of $10,000 subject to the approval of the form of the bond by the Borough Attorney.
B. 
In lieu of the filing of the certificate of insurance for bodily injury and property damage in the amounts as set forth in § 270-17, the public utility may file with the Road Opening Inspector, at the same time that the bond herein provided for is filed, a letter certifying that it is self-insured and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the State of New Jersey.
[Amended 4-22-2019 by Ord. No. O-08-19]
The work of backfilling and installing the temporary pavement shall be made within 24 hours after the completion of the work for which the opening was made. The backfilling and replacement of the subbase and installing permanent pavement shall be completed within 30 days after starting, except that the Road Opening Inspector, in his discretion, may take exceptions to the above time limits if, in his opinion, it is impracticable to complete the work within the above-mentioned time.
A. 
All trenches shall be backfilled by depositing therein (type 5 class A) in layers of not more than six inches in depth. Each thoroughly rammed or tamped.
B. 
All pavement surfaces are to be replaced in accordance with the specifications of this Borough governing new construction of such pavements but shall be a minimum of five inches of bituminous stabilized base course and two inches of fine aggregate bituminous concrete surface course.
C. 
After the ditch has been properly compacted, a two-inch temporary cold patch of blacktop pavement is to be applied to bring the existing ditch to the level of the adjoining pavement. After about two weeks, the cold-patch layer and five inches of the backfill material is to be asphalted; the edges of the adjoining pavement cleaned, and seven inches of hot bituminous concrete pavement laid in its place and thoroughly rolled. Where required by the Road Opening Inspector, permanently paved roads shall be cut with a saw before the final pavement is applied in order to give a proper bind and a neat appearance.
D. 
At the discretion of the Road Opening Inspector, a repair utilizing flowable fill may be required to address repaired areas.
[Added 4-22-2019 by Ord. No. O-08-19]
By the making of an application for a permit, the permittee agrees to save harmless the Borough of Wharton, its officers, agents and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee in the case of work covered by the permit. The permittee shall file with the Borough Clerk a certificate of insurance in the amount of $100,000/$1,000,000 bodily injury and $25,000 property damage, to be determined by the Borough Attorney in accordance with the practice of the trade, naming the Borough of Wharton as the named insured, which coverage shall run for the benefit of the Borough's officers, agents and servants.
No permit shall be issued by the Borough to any person which would allow an excavation or opening in a paved or improved street surface less than five years old unless the applicant can clearly demonstrate to the Borough that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
[Added 5-4-2008 by Ord. No. O-04-09]
Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.