[Adopted 12-20-2016 by Ord. No. 2016-979]
No person, firm, corporation or utility shall open any public
road or street under the control of the Borough of Essex Fells or
otherwise endanger or obstruct the normal flow of traffic by the placing
of any barricade, structure, material or equipment not normally designed
to be operated on the public highway without first obtaining a written
permit therefor signed by the Borough Engineer or such other persons
as designated by the Borough Administrator. Application for such permit
shall be made, in writing, on the forms to be supplied and shall generally
describe the contemplated construction. Said permit shall indicate
the date upon which the operation will start and the date upon which
it will be completed, and if the work is not completed within this
time period, a new permit will be required.
Street openings may be made without the necessity of a written application provided for in § 247-29 in emergencies, such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided that notice thereof shall be immediately given verbally to the Police Department and written application for a permit made as soon thereafter as conveniently can be done, not exceeding 48 hours in accordance with § 247-29 of this article.
A.Â
No person,
firm, corporation or utility shall be granted a permit to open any
street until payment of an application fee shall be made to the Borough
of Essex Fells in an amount of $150.
B.Â
Performance
and maintenance guarantee. A performance and maintenance guarantee
in the amount of $25 per square foot to be opened with a minimum fee
of $300 shall be posted with the application and held for a period
of one year following the completion of the restoration of the pavement.
C.Â
Maintenance
bond.
(1)Â
In
lieu of making the payment as above provided for, any person, firm,
or corporation may file a bond, satisfactory to the Borough in form,
amount and surety, with the Borough Clerk, which bond shall be conditioned
upon repairing any such opening or openings in the manner required
herein, and the work shall be performed and paid for by the person,
firm or corporation obtaining the permit. Said bond shall remain in
effect as a maintenance bond for a period of one year after completion
of the restoration of the existing materials.
(2)Â
The
filing of such bond shall not relieve any person, firm or corporation
of the necessity of securing a permit and complying with all of the
terms and conditions of this article.
The Borough Engineer shall promulgate guidelines for road openings
to more adequately control the work and protect the Borough. It shall
be a violation of this article to open a road in contravention of
such guidelines.
It shall be the responsibility of any person, firm or corporation,
upon opening any public thoroughfare or otherwise endangering or obstructing
the normal flow of traffic thereon, to fully protect both vehicular
and pedestrian traffic from possible accident or injury by the placing
of suitable barriers, notices and warnings by day and warning lights
by night.
[Amended 8-21-2018 by Ord. No. 2018-1002]
No newly paved roadway shall be opened within the first two
years of paving. There shall be additional fees levied on all persons
who open newly paved roads. The fees shall be $5,000 for roads paved
after the first two years, in the third and fourth year of paving
the fee shall be $2,500, for more than five years $1,500. Said periods
of time shall be from the date of acceptance of final payment by the
Borough for said new pavement by the Borough, and no road opening
permit shall be granted to be opened within the first two years of
a newly paved road.
Any person, firm or corporation violating this article shall, upon conviction, be punishable as provided in § 1-24, Violations and penalties, of this Code for each day said violation exists, in the discretion of the Judge imposing the same, plus all fees imposed by other sections of this article.