[Prior code § 15-6.1; amended by Ord. 86-4 § 1, 1986]
No person shall make any opening or excavations in any street
under the jurisdiction of the Borough without having obtained a permit
to do so in the manner provided in this chapter.
[Prior code § 15-6.2; amended by Ord. 86-4 § 1, 1996]
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the opening is to be
made, the dimensions of the opening and the period during which the
permit shall be valid. The original of each permit shall remain on
file with the superintendent of either the water and sewer department
or the public works department.
[Prior code § 15-6.3; amended by Ord. 86-4 § 1, 1986]
Fees shall be paid when the application is made. The applicant
shall be charged an application fee of $75 for each permit.
[Prior code § 15-6.4; amended by Ord. 86-4 § 1, 1986; Ord. 2001-2 § 1, 2001]
No permit shall be issued until the applicant shall have filed
a bond in the amount determined by the Borough engineer to be sufficient
in accordance with the conditions of Subsection (C) below. The bond
shall be executed by the applicant as principal and a surety, and
shall be upon the following conditions:
A.
To indemnify and hold harmless the Borough of Ship Bottom from all
loss, damage, claim or expense, including expenses incurred in the
defense of any litigation arising out of injury to any person or property
resulting from any work done by the applicant under the permit.
B.
The bond shall also be conditioned upon the applicant's restoring
the surface and foundation of the street for which the permit is granted
in manner acceptable to the borough engineer, and shall remain in
force for one year from the date that the borough engineer approves
the work as properly completed. One bond may be accepted to cover
a number of excavations by the same applicant. In the event that the
applicant exhibits satisfactory proof that he or she is insured against
any of the occurrences specified in this subsection, then the existence
of such insurance coverage shall be taken into consideration in determining
the amount of the bond.
C.
Bond amount shall be calculated at $4 per linear foot of road opening
with a minimum amount of $500 for each opening. The first $500 of
each bond amount shall be posted in cash with the Borough.
[Prior code § 15-6.5; amended by Ord. 86-4 § 1, 1986]
A.
All excavation shall be completely backfilled by the permittee and
as much as possible of the material excavated shall be replaced. Such
material shall be compacted by flushing, tamping or other suitable
means in a manner prescribed by the department of streets and roads.
Where the Borough engineer determines that the excavated material
is unsuitable for backfill, the permittee shall backfill the excavation
with sand, soft coal, cinders or other suitable material which shall
be placed in layers not exceeding three inches in depth and thoroughly
compacted in the manner prescribed by the Borough engineer.
B.
Upon completion of the work, the permittee shall remove any excess
material and leave the premises in a clean condition. If the Borough
engineer determines that any backfilled excavation has settled or
caved, he or she shall so notify the permittee, who shall promptly
continue backfilling until the department of street and roads determines
that settlement is complete.
C.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete. Such concrete shall be composed of one part
cement to six parts of coarse aggregate material not inferior to cinders.
D.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations. Any rock or other substance within five feet of any
water main, sewer line or other facility which may be damaged by blasting
shall be removed without blasting.
E.
If any work is not completed within the time specified in the permit
or any extension thereof, or is not performed in accordance with the
foregoing regulations and such other regulations as may from time
to time be promulgated by the Borough council resolution, then the
Borough may complete the work in a proper manner and restore the surface
of the street. The cost of so doing shall be charged to the permittee
and may be recovered by an action in any court of competent jurisdiction.
[Prior code § 15-6.6; amended by Ord. 86-4 § 1, 1986]
In all cases the permittee is to restore the surface of the
street, and the following rules, regulations and requirements shall
apply: No permittee shall commence the restoration of any street foundation
or surface until the Borough engineer has deemed that settlement of
the subsurface is complete and the area properly prepared for restoration.
[Prior code § 15-6.7; amended by Ord. 86-4 § 1, 1986]
In any special case the Borough council, may by resolution,
impose special conditions to which the issuance of the permit will
be subject, or the Borough council may decide by resolution that any
provision of this chapter shall not apply or shall be altered.
[Prior code § 15-6.8; amended by Ord. 99-3 § 1, 1999]
All work shall be done in a manner as to cause a minimum of
interference with travel on the street or streets affected. The applicant
shall provide traffic control, the extent of which shall be determined
exclusively by the Borough engineer. No street shall be closed to
traffic unless approval has been granted by the mayor and/or the Borough
council. The police department shall be informed of all such street
closings at least 24 hours prior to the beginning of any work.
