No permit shall be granted unless the sums hereinafter set forth
shall be paid to the Borough Clerk. These sums shall be held by the
Borough Clerk until 12 months after the completion of each improvement,
as a security deposit to guarantee the completion of the improvement
and maintenance thereof for 12 months thereafter, pursuant to the
terms of the application, in a good and workmanlike manner and in
accordance with the specifications and standards of the Borough to
the satisfaction of the Mayor and Council. Twelve months after such
completion, the Borough shall return the deposit to the applicant,
provided that the work has been properly complete and maintained.
Upon failure to complete and maintain the improvement to the satisfaction
of the Borough, the Borough may complete and maintain the improvement,
using the moneys so deposited or so much thereof as is necessary for
such purpose, returning the balance of the deposit, if any, to the
applicant after 12 months from the date of completion. If the security
deposit is insufficient to pay for the cost of remediating the work,
the person or entity responsible shall be obligated to reimburse the
Borough for any excess costs which may be collected in accord with
the Borough Code.
The applicant shall present evidence satisfactory to the Borough
Attorney or Risk Manager of insurance sufficient to indemnify and
save harmless the Borough, its officials, employees, agents and servants
against and from all suits and costs of every kind and from all personal
injury or property damage resulting from negligence or from any phase
of operation performed under the permit.
The permit deposits shall be in the following amounts for each
opening excavated, up to 100 square feet of area disturbed:
A. For openings on any road paved with concrete: $900 plus $9 per square
foot over 100 square feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. For openings on any road paved with macadam: $750 plus $7.50 per
square foot over 100 square feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. For openings on any unimproved road or unpaved portion of improved
roads: $500 plus $5 per square foot over 100 square feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Regulated utilities governed by the New Jersey Board of Public Utilities pursuant to N.J.S.A. Title 48 are exempted from this section; refer to §
248-11 Utility road opening.
All excavations, earth, stone, lumber, pipe or other material
shall be safely and securely barricaded and further guarded at night
by at least two lights, one at each end of the excavation or material,
and in any other manner as the Superintendent (or Leadman or his designee)
of Municipal Services may deem necessary for the reasonable protection
of the public from injury.
Not more than 1/2 of the trench shall be excavated at one time
where the trench will run from one side of the pavement to the other,
and the part so excavated shall immediately be backfilled under the
supervision of and to the satisfaction of the Superintendent of Municipal
Services (or Leadman).
It shall be unlawful for any person, firm or corporation to
place any stones, earth, ashes, lumber, pipe or other materials of
any description whatsoever upon any road or street so as to interfere
with the flow of water along the gutters or so as to interfere with
traffic on the road or street. Any unlawful exercise of this privilege
shall be deemed a violation of this section and punishable by a fine
of $50 to $200. Nothing herein shall apply to leaves or vegetative
waste. The purpose of this subsection is to prevent construction-related
material from obstructing or interfering with the flow of water.
It shall be the duty of the Borough Superintendent of Municipal
Services, Construction Code Official, Property Maintenance Officer,
Borough Police Department, or any other officer as the Mayor and Council
may designate to ascertain whether permits have been issued covering
each operation and supervise all excavations, backfilling and restoration
as provided herein.