As used in this article, the following terms
shall have the meanings indicated:
EMERGENCY
A condition of circumstance which involves immediate danger
to life or property, or both, or which involves a possibility of interruption
or curtailment of any service furnished to the public by a public
utility.
PERMITTEE
Any public utility, individual or company to which a permit
has been issued under and pursuant to this article.
It shall be unlawful for any person to perform
any excavation work or to dig up, break, excavate, tunnel, undermine
or in any manner break up any street or to make or cause to be made
any excavation in or under the surface of any street for any purpose
or to place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of
the street or dig up, break, excavate or undermine or in any way affect
any other public improvement within a public right-of-way, unless
such person shall first have obtained a permit therefor from the Borough
Clerk as herein provided.
Application for a permit shall be made on forms
to be provided by the Borough. The application shall state the purpose
of the excavation and the name and address of the person who will
restore the permanent pavement when the same is not to be done by
the Borough or the applicant. The application shall be accompanied
by a diagram indicating the nature and extent of the excavation to
be made and work to be done, the proposed dates of commencement and
completion of the excavation, which date shall be the expiration date
of any permit issued pursuant to the application and other data as
may reasonably be required. If, during the course of the work, any
major variation is required, the permittee shall file an amended diagram
showing the manner in which the work is actually being done.
In case of emergency, any public utility, individual
or company may make an excavation in or tear up the surface of any
road without first having obtained from the Borough of Hampton a permit
therefor, in which case the public utility, individual or company
shall make application for such permit within five working days after
the occurrence of such emergency, provided that the public utility,
individual or company first telephones to the office of the Borough
Clerk and Borough Engineer a statement concerning the emergency in
question.
The permittee shall comply with the following
general conditions with regard to the opening of excavation and the
backfilling and resurfacing of any public street or public place:
A. The permittee shall keep each opening properly guarded
and, at night, have lights placed thereat and, in doing the work,
interfere as little as possible with the travel along the road and
open no greater part of the road at any time than shall be allowed
by the Borough. If the excavation is to extend the full width of the
road, no more than 1/2 of the road shall be opened at one time, and
such 1/2 shall be backfilled before the other 1/2 is opened, so as
to permit the free flow of traffic.
B. The opening shall be backfilled immediately, and the
pavement shall be restored with at least a temporary pavement or bituminous
concrete base material, within three weeks. Beyond this period, a
time extension must be obtained from the Borough.
C. The restoration of the opening shall be maintained
for 60 days after completion, at the expense of the permittee, and
any cash deposit, as set forth hereafter, shall not be returned until
at least 60 days have passed from the time of repair and the road
is in acceptable condition.
D. The applicant shall give a twenty-four-hour notice
to the Borough Engineer prior to making an opening prior to beginning
surface restoration.
E. No opening shall be commenced on a Saturday, Sunday
or holiday, except in a case of emergency.
F. On a bituminous surface treated road, the edges of
the opening shall be cut straight through the bituminous surface before
the trench is excavated.
G. The work shall be so conducted as not to interfere
with the water mains, gas lines, sewer lines or their connections
with houses unless the permission of the proper authorities shall
have been obtained. All rock within five feet of a water main or other
pipe, which might be damaged thereby, shall be removed without blasting.
No excavation which will damage trees shall be made.
H. After the underground installation has been completed,
the permittee shall promptly backfill the excavation. The backfill
may consist of the excavated materials but shall be free of all organic
material, debris and clay. It shall be placed in lifts of no more
than 12 inches, each lift to be thoroughly compacted to a grade of
24 inches below subgrade, the remainder to be backfilled with bank-run
gravel. Should the excavated material be unsuitable for backfill,
in the opinion of the Borough Engineer, then the entire trench shall
be backfilled with bank-run gravel and compacted as described above.
Bank-run gravel shall conform to New Jersey State Department of Transportation
soil aggregate dry Type 1A.
I. After the backfill has been placed, the permittee
shall install a temporary pavement of bituminous material over the
opening and shall keep such temporary pavement to grade until it has
been replaced by a permanent pavement.
J. When final settlement has taken place, the permittee
shall replace the temporary pavement with a permanent pavement, which
shall not be less than 12 inches larger than the length and width
of the opening. The permanent pavement shall be of the same type as
the original pavement, unless authorized by the Borough Engineer.
The Borough Engineer shall be given one day's written notice previous
to the time when the permanent pavement is to be installed in order
to permit an inspection thereof.
In accepting a permit, the permittee shall be
deemed to have agreed to indemnify and save harmless the Borough from
and against any and all loss, costs or damages incurred by reason
of any damage to any property, injury to any person or any loss of
life resulting from any negligence of the permittee, its agents or
servants in performing the work covered by the permit.
The provisions of this article shall not be applicable to any excavation work under the direction of competent Borough officials, by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work for and on behalf of the Borough necessitating openings or excavations in streets, nor shall the provisions of §§
209-13 and
209-14 apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided that such subdividers or site developers have posted cash guaranties and surety in accordance with the applicable article requirements.