As used in this article, the following terms shall have the
meanings indicated:
EXCAVATOR
Any person who may open or excavate a street, road, avenue
or alley.
It shall be unlawful for an excavator to open or excavate a
street, road, avenue or alley without first having obtained a permit.
[Amended 2-27-2003 by Ord. No. 2183]
A. The aforesaid permit shall be issued by and countersigned by the
Superintendent of Public Works or his designee. The fee shall be $100
for any opening between the curbline and property line of any street
or any opening into the street beyond the curbline. In addition, the
excavator shall deposit with the Superintendent of Public Works or
his designee a certified check, bank check, money order or bond in
an amount equal to the cost of restoration, to be computed as the
product of the area of the opening at the unit prices. In no event
shall the deposit be less than $500 for each excavation. After its
completion, the Superintendent of Public Works or his designee shall
inspect the restoration to determine compliance with provisions of
this article. If it becomes necessary for the Borough to restore the
excavation, then the cost thereof shall be charged against said deposit.
The Superintendent of Public Works or his designee is authorized to
retain the deposit for a one-year period from date of application.
B. The unit prices for the excavation deposit shall be as follows:
(1) Concrete pavement, asphalt, brick, stone block or other materials
on a concrete foundation: $150 per square yard.
(2) Bituminous concrete or bituminous macadam on a crushed stone or telford
base or on stone block on sand foundation: $100 per square yard.
[Amended 2-27-2003 by Ord. No. 2183]
In the case of an emergency where time does not permit the filing of the application required by this article, an excavation may be made prior to securing a permit therefor; provided, however, that such application shall be filed in the manner set forth herein not later than 9:30 a.m. of the next business day following the commencement of the excavation. Such application shall contain, in addition to the information required by §
400-3, the nature of the emergency and the time when the excavation was commenced and, prior to commencing said excavation, the contractor shall notify the Roselle Police Department who in turn shall contact the Superintendent of Public Works or his designee who shall respond to the location. The contractor shall reimburse the Borough for up to four hours of overtime for the responding employee. Notwithstanding the notification provisions herein, the contractor may commence the street opening prior to the arrival of the Superintendent of Public Works or his designee.
The Police Department, the Fire Department, the Borough Engineer
and the Department of Public Works may, when the officers in charge
of each such Department concur and consider it advisable, close to
traffic any public way for such time as may be considered necessary
during the progress of an excavation.
Should the excavator fail to complete the restoration within
60 days after placing the temporary pavement patch or within five
days after being directed to do so by the Superintendent of Public
Works when the period of 60 days has been exceeded owing to inclement
weather or temperatures lower than 40° F., the Superintendent
of Public Works may arrange to have the restoration completed at a
cost to the excavator not exceeding the amount deposited by him for
said excavation in connection with the issuance of the street opening
permit.
Any person violating any provisions of this article shall, upon
conviction thereof, be subject to a fine not exceeding $500 or be
imprisoned for a term not to exceed 90 days, or both. Every day on
which such violation continues shall constitute a separate offense.