[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-11-1978 by Ord. No. 768 (Ch. 13, Art. I, of the
1970 Borough Code)]
It is the purpose of this article to require any individual
person, corporation or other organization to post a bond prior to
taking heavy equipment over public property where the same may cause
damage resulting in an unwarranted expense to the Borough.
As used in this article, the following terms shall have the
meanings indicated:
Any equipment having a gross weight in excess of 1,000 pounds.
It shall be necessary for anyone desiring to cross over or upon
public property with heavy equipment to first post a cash or surety
company bond acceptable to the Borough if said equipment shall pass
over any portion of public property where an improvement is located
which might be damaged as the result of said passage. In particular,
it shall be necessary to supply said bond prior to crossing any section
of the public boardwalk. This section shall not apply to any four-wheeled
recreational vehicle weighing less than 6,000 pounds crossing over
the public boardwalk at the Brighton Avenue or the Porter Avenue ramps
designed for the same.
A.Â
It shall be the duty of anyone required to post such a bond to first
indicate exactly where said equipment shall cross said public property
and to note any and all present damage. Said information shall be
furnished to the Borough Clerk, who shall refer the same to the Public
Works Supervisor, who shall review the same and set a bond amount
sufficient to cover the replacement of the section of public property
to be replaced. In the event that the individual applying to post
said bond shall dispute the bond's amount, the matter shall be
referred to the Borough Engineer for his review, and he shall thereafter
set the amount of the bond.[1]
B.Â
The individual applying to post any bond shall further set forth the exact time when he shall cross over said public property and shall be responsible for any damage not set forth as required in Subsection A above. The applicant shall further supply the exact weight of the machinery and any supplies or cargo to be carried across the public property.
Any applicant desiring to post a bond shall pay to the Borough
an application fee of $25; and, if the Borough Superintendent deems
it necessary to have a Borough employee present at the time or times
when the applicant intends to cross said area, the applicant shall
pay to the Borough a sum equal to the exact salary cost of said supervision
plus a twenty-five-percent charge for overhead costs.
