No person, business or corporation shall dig up, break, tunnel,
undermine, disturb, or in any manner excavate any Borough street,
road, right-of-way, sidewalk, curbing, or public easement, or make
or cause to be made any excavation in or under the aforementioned
areas for any purpose or place, or deposit, or leave in any of the
aforementioned areas any earth or other excavated material obstructing
or intending to interfere with the free use of same unless such person
shall first have obtained an excavation permit therefor from the Code
Enforcement Officer as hereinafter provided. Openings may be made
without the necessity of filing a written application and obtaining
an excavation permit only in emergencies, such as a broken or frozen
water main, gas leak, or other happening which would endanger public
life, health and safety; provided, however, that notice thereof shall
be immediately given verbally to the Municipal Engineer, Superintendent
of Public Works or Police Department, and written application in accordance
with this article shall be made within 48 hours.
No excavation permit under this article shall be issued until
the person, business or corporation seeking such permit shall have
first done the following:
A. Made a written application for the issuance of such permit submitted
to the Code Enforcement Officer, signed by the person making the application
or by a duly authorized agent, and containing the following information:
(1) Name, address and telephone number of the person for whom the work
is to be performed.
(2) Name, address and telephone number of the person performing the work.
(3) Location of the work area, including a map or sketch.
(4) An outline or plan describing the work to be performed.
(5) Number of square yards of surface to be opened.
(6) Cubic content of material to be excavated.
(7) Type of surface to be removed or disturbed.
(8) Cubic content of material to be burrowed.
(9) Date and time of commencement and estimated date of completion with
an agreement by the applicant to refill or resurface the opening or
excavation so that the street surface shall be restored to the same
condition, or better, in which it was before.
(10)
The types of proposed traffic control devices and procedures
to be utilized for the project, which devices and procedures shall
be in conformity with the guidelines set forth in the Manual of Uniform
Traffic Control Devices, current edition, hereinafter called the "Manual."
(11)
The names and telephone numbers of at least two persons responsible
on a twenty-four-hour call basis to handle emergency repairs for the
contractor.
B. Permit fee.
(1) A permit fee shall be charged for the issuance of an excavation permit
which shall be in addition to all other fees for permits or charges
relative to any proposed construction work. The following schedule
of nonrefundable fees is established to be paid to the Borough in
conjunction with the issuance, supervision and inspection of excavation
work.
(a)
Opening not greater than 50 square feet: $75.
(b)
Opening up to 100 square feet: $100.
(c)
Opening up to 200 square feet: $125.
(d)
Opening up to 400 square feet: $175.
(e)
Opening over 400 square feet: $250 plus $0.50 per square foot
in excess of 400 square feet.
(2) In no case shall a permit be issued until the fees, the guarantees required by Subsection
C below, and proof of insurance required by Subsection
D below have been received by the Borough.
C. In the case of openings more than 16 square feet and four feet deep,
the applicant must furnish to the Borough a cash or surety bond to
guarantee that the opening or trench made by the permittee will be
closed properly. Upon completion of the work in a satisfactory manner,
the bond or cash surety will be released in return for a maintenance
bond or cash guarantee that the road, street, or highway over the
same will remain in good condition for at least one year after the
closing by the permittee. The minimum amount of each maintenance bond
shall be 25% of the amount of the cash or surety bond, but shall not
be less than $500. A utility company may, in lieu of giving a separate
maintenance bond on each project, annually, once in January of each
year, give the Borough such a bond for $5,000; provided that when
the total linear footage of openings or trenches made by such utility
company reaches 5,000 feet, such utility company may give either an
additional bond or deposit cash security in an amount equivalent to
$1 per foot of length of additional openings or trenches it desires
to make in that calendar year.
D. Deliver to the Borough satisfactory proof of insurance in the minimum
amount of $1,000,000 per person, and $3,000,000 per occurrence, insuring
the permittee and the Borough against liability for injury or loss
sustained by any person or persons as a result of the acts of commission
or omission of the permittee, or any servants, agents or employees
of the permittee.
When the Borough shall improve or pave any street, the Code
Enforcement Officer shall first give notice by certified and regular
mail to all persons owning property abutting on the street about to
be paved or improved, and to all public utilities and authorities
operating in the Borough, and all such persons, utilities, and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation or disbursement of the street, within 90 days
from the provision of such notice. The time shall be extended if permission
is requested in writing and approved by the Municipal Engineer.
No permit shall be issued by the Code Enforcement Officer to
any person which would allow an excavation or opening in a street
surface which was paved or improved less than five years prior to
the date of the application, unless the applicant can clearly demonstrate
that public health or safety requires that the proposed work be permitted
or unless an emergency condition exists or the applicant can demonstrate
through documentation a significant personal hardship, including but
not limited to a medical hardship. In such cases, the applicant shall
make the request for a waiver of the permit moratorium in writing
to the attention of the Borough Council, which may approve such waiver
by resolution.
The Borough may, at any time, revoke or annul any permit, or
extension endorsed thereon for cause, or for performing work not in
accordance with the permit granted, or for failure or neglect to pursue
the work in accordance with such permit, or for any conditions which
might prove to be dangerous or injurious to any person or interests
of the Borough. Every person receiving a permit, or any extension
thereof, shall accept the same subject to the foregoing provisions
and conditions, without any liability or responsibility attaching
to the Borough for any loss or damage that might result by reason
of such revocation.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any opening or excavation
by the Borough, its employees, or contractors for Borough projects,
including without limitation road improvement projects.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not less than $500 nor more than $1,250, by imprisonment for
a term not to exceed 90 days, or by community service of not more
than 90 days, or any combination of fine, imprisonment and community
service as determined by the Municipal Court Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense. The violation of any provision of this article shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction. Nothing in this article shall
be understood or construed by any permittee or other person to absolve
any permittee or its employees, agents or contractors of any responsibility
for any damage done to any person or property in opening or digging
a trench in any public road, street, or highway.
The permittee shall indemnify and save harmless the Borough,
its officers, agents and employees from any loss, injury or damage
resulting from any negligence or fault of the permittee, its agents,
servants or employees or contractors in connection with the performance
of any of the work covered by the permit. The terms and provisions
of this article shall be deemed a covenant by such permittee to so
indemnify and save harmless the Borough of Seaside Heights of curb
being repaired.