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.
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.
[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.
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.