[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. 
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. 
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. 
Maintenance bond.
(1) 
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) 
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.