[Ord. No. 2014-03, § 1, 4-22-2014]
This chapter is adopted in order to protect property owners
in the Borough of Ship Bottom from unnecessary interruption of utility
service of all kinds. It has come to the attention of the governing
body of the Borough of Ship Bottom that on occasion, contractors of
various kinds may request that utility service be interrupted for
service provided to properties other than property on which construction
may be taking place. The governing body of the Borough of Ship Bottom
have determined that as a matter of public health, safety and welfare
protection of individual property owners is necessary in order to
prevent unnecessary interruption and interference with utilities on
which property owners rely. This chapter is intended to permit the
interruption of utilities on properties not involved in the construction
project for which the interruption is requested only upon satisfactory
proof that no alternative to the interruption of utilities is reasonably
viable.
[Ord. No. 2014-03, § 1, 4-22-2014]
A.
Prior to the issuance of any building permit for construction or
reconstruction of any structure in the Borough of Ship Bottom where
the builder, developer or contractor, may seek the disruption, disconnection
or discontinuance of utility service either temporarily or otherwise
from any public utility including, inter alia, and without limitation;
water service; sewer service; electric service; gas service; telephone
service; or television cable service, the builder, developer or contractor
shall provide to the zoning official a detailed explanation on a form
to be provided by the zoning official explaining in detail why such
disconnection or interruption of utilities is necessary and providing
in detail what steps the builder, developer or contractor has taken
to avoid the necessity of such disruption of utility service. The
form shall be known as the "Waiver Form."
The waiver form provided by the zoning official shall be executed
by the applicant, builder, developer or contractor setting forth the
required information under the penalties of perjury for any false
information therein contained. A copy of the waiver form executed
by the owner or owners of every property whose utilities are to be
disrupted or disconnected from utility service acknowledging that
they have been contacted concerning the disruption or disconnection
of the utility service and do not object thereto. The acknowledgement
contained in the waiver form shall also state that all property owners
whose utilities may be interrupted or disconnected have been advised
that the applicant is prepared to provide substitute utilities during
such period of interruption.
B.
If the applicant seeking disruption, disconnection or discontinuance
of any utility is unable to provide the executed waiver form called
for in this section the permit may still be issued upon the applicant
providing proof by affidavit duly notarized that:
1.
The required form was mailed, certified mail return receipt requested
or equivalent to the owner of every structure whose utilities are
proposed to be disrupted or disconnected at the owner's address
as shown on the tax rolls of the Borough of Ship Bottom.
2.
The mailing required in paragraph 1 shall have contained a self-addressed
postage paid envelope for the return of the requested waiver form.
3.
The mailing was post marked not less than 20 days prior to the application
for the permit.
4.
No response was received from the owner of the structure.
C.
Upon the presentation of the application containing the required
forms a permit may be issued by the Ship Bottom Borough Zoning Official
for construction requiring such disruption, disconnection or discontinuance
of utility service provided, however, that the applicant has made
every reasonable effort to avoid the necessity of such disruption,
disconnection or discontinuance.
D.
If during the course of any construction or reconstruction of any
structure in the Borough of Ship Bottom the builder, developer or
contractor finds or determines that some utility servicing real property
other than that upon which the construction or reconstruction is being
performed needs to be temporarily disrupted, disconnected or discontinued
the zoning official may issue a permit to permit the disruption, disconnection
or discontinuance for good cause shown. The permit may be issued no
sooner than five days after application therefore has been made by
the builder, developer or contractor demonstrating that the temporary
disruption, disconnection or discontinuance could not have been reasonably
foreseen prior to the start of construction or reconstruction and
that every reasonable effort has been made to avoid the requested
disruption, disconnection or discontinuance of the affected utility.
[Ord. No. 2014-03, § 1, 4-22-2014]
A.
Any builder, developer or contractor who shall be aggrieved by any
decision or ruling by the zoning official of the Borough of Ship Bottom
responding to a request for utility disruption, disconnection or discontinuance
may appeal to the Borough council of the Borough of Ship Bottom by
providing a notice of appeal on a form supplied by the zoning official
of the Borough of Ship Bottom setting forth in detail the utility
or utilities servicing real property other than that upon which the
construction or reconstruction is being performed and setting forth
in detail the reasons for the requested disruption, disconnection
or discontinuance permit and further setting forth in detail all things
done by the builder, developer or contractor to avoid the necessity
of such discontinuance.
B.
The appeal shall be held by the Borough council at their next scheduled
regular meeting after proof has been furnished by the builder, developer
or contractor that notice has been served personally or by certified
mail return receipt requested or equivalent on the owners of all property
or properties whose utility or utilities are to be disrupted, disconnected
or discontinued. The notice shall set forth time, place and date when
the Borough council shall consider the appeal.
C.
The builder, developer or contractor pursuing the appeal may appear
in person or by counsel and present such evidence as he or she may
deem appropriate. Any objector to the appeal may likewise appear in
person or by counsel and present such evidence as he or she may deem
appropriate.
D.
The zoning official may request the advice of various professionals
appointed by the Borough of Ship Bottom, including without limitation
counsel, surveyor and engineer.
E.
The Borough council of the Borough of Ship Bottom shall render their
decision on the appeal as soon as the same may practically be done,
after having an opportunity to consider the argument and evidence
presented and having considered and adopted an appropriate motion.
