[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.