[Amended 12-1-1992 by Ord. No. 651-92]
For the purpose of this Article, the term "person" shall mean
the singular and the plural and shall include any person, firm, partnership,
corporation, authority or utility. The term "street" shall mean the
singular and the plural and shall include the right-of-way at any
street, road, highway, alley or avenue in the City of Perth Amboy.
The term "street," however, shall not include sidewalks.
[Amended 12-1-1992 by Ord. No. 651-92]
A. No person shall tear up, open or excavate any portion of any street
in the City of Perth Amboy or controlled by the City of Perth Amboy
for any purpose without first making a written application to and
receiving approval from the Director of Code Enforcement.
[Amended 9-14-2005 by Ord. No. 1303-2005]
B. The construction of all curbs and gutters, and the opening or construction of a driveway, shall be governed by Article
IV of this chapter.
[Amended 9-13-2000 by Ord. No. 1059-2000]
C. The application shall state the name and address of the applicant,
the name and number of the road to be opened, the nature and purpose
of the excavation and any other data and information as may be required
by the Director of Code Enforcement . The application shall be accompanied
by an accurate sketch, drawn to scale, showing the position and extent
of the proposed opening.
[Amended 9-13-2000 by Ord. No. 1059-2000]
[Amended 12-1-1992 by Ord. No. 651-92; 9-13-2000 by Ord. No. 1059-2000; 9-14-2011 by Ord. No. 1577-2011; 2-14-2018 by Ord. No. 1874-2018]
The fee for the issuance of an excavation permit under this
Article shall be:
A.
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Detached one or two family dwelling
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$250
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B.
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All other properties
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$400
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C.
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Restoration Fee:
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|
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Detached one or two family dwellings
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$1,250
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All other properties
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$2,000
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D.
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Inspection fee — City Engineer — all properties
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$100
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E.
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Utility Main Replacement
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$500 per Street Block
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Inspection Fee — City Engineer
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$1 per LF (Linear Foot)
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Minimum Fee $500
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Fees are retroactive to January 2012 and shall be paid to the
City of Perth Amboy. These fees shall be in addition to any other
charges relative to the proposed construction.
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[Amended 9-13-2000 by Ord. No. 1059-2000]
An applicant, prior to receiving a permit, shall file with the
City Clerk, who will then notify the Director of Code Enforcement
of such filing, an insurance policy or a certificate of insurance
of a company duly licensed to transact business under the insurance
laws of this state for general liability insurance of not less than
a combined single limit of five hundred thousand dollars ($500,000)
for any person or for any accident. The City of Perth Amboy shall
be a named insured on the insurance policy.
[Amended 9-13-2000 by Ord. No. 1059-2000]
The applicant shall also, prior to receiving a permit, deposit a restoration fee with the Director of Code Enforcement payable to the City Clerk in an amount equal to thirteen dollars and fifty cents ($13.50) per square foot for each and every opening to be made in any concrete or bituminous concrete pavement, and the sum of six dollars and seventy cents ($6.70) per square foot for all other surfaces and shoulders, provided that the minimum restoration fee shall be one thousand dollars ($1,000) for each and every opening. The restoration fee shall be refunded to the applicant upon receipt by the Director of Code Enforcement of a written report by the City Engineer and approval by the Council as set forth in Section
386-28C(1).
[Amended 9-13-2000 by Ord. No. 1059-2000; 9-14-2005 by Ord. No. 1303-2005]
During a five-year period, no permit shall be issued to open, cut or excavate any newly paved or resurfaced street unless the Director of Code Enforcement determines that an emergency exists which necessitates excavation. In an emergency, such as broken or frozen water mains or other happenings which endanger public life, health and safety, street openings may be made without a written application as set forth in Section
386-22, provided that the Director Code Enforcement determines that an emergency exists and authorizes said excavation. Written application for a permit shall nevertheless be made by the person responsible as soon as possible but in any event within forty-eight (48) hours of the emergency excavation in accordance with Section
386-22.
After the passage of one (1) year after repaving, no person
shall tear up, open or excavate any portion of any street in the City
of Perth Amboy or controlled by the City of Perth Amboy, except for
the below listed purposes, without first making a written application
to the Director of Code Enforcement who shall make a written recommendation
to the Mayor, who shall be the only official with authority to approve
any permit pursuant to subsection A, B and C below, and only for applications
that fall within the following categories:
A. The applicant is seeking a permit in order to construct a new building
on a vacant property, or
B. In the event of a total renovation of an existing structure, which
shall be determined by the Director of Code Enforcement, in his sole
discretion, or
C. The owner of the property is converting the heating system from oil
to natural gas, subject to receipt of any other required permits.
The permit fee for any application made pursuant to this section
shall be five hundred dollars ($500).
The minimum restoration fee for any application made pursuant
to this section shall be two thousand five hundred dollars ($2,500).
The restoration fee shall be held for the remainder of the moratorium,
but in no case for less than one (1) year from the date of application.
[Added 9-14-2005 by Ord.
No. 1303-2005]
Notwithstanding the application for or receipt or approval of
any other governmental entity, an application to the Perth Amboy Planning
Board and/or the Perth Amboy Board of Adjustment which will require
a street opening permit shall be required to comply with this Article.