[1988 Code § 130-1]
As used in this Article, the following terms shall have the
meanings indicated:
APPLICANT
Shall mean the party in interest for or by whom the excavation
is made, such as the water company for water pipes, sewer company
for sewer pipes, and the gas company for gas pipes.
[1988 Code § 130-2; Ord. No. 621-13]
a. Permit Required. No person shall tear up, excavate, open or perform
work of any other nature on any street under the control of the Borough
without first having obtained and being in possession of a valid permit
to do such work issued by the Office of the Municipal Clerk.
b. Fee. Fees must be paid when the application for a permit is made
in the amounts as hereinafter set forth. A non-refundable fee of $400
shall be charged for each permit and paid to the Borough prior to
the issuance of the permit for all excavations less than or equal
to 50 square feet. If said area to be opened, excavated, disturbed
or damaged exceeds 50 square feet, the additional area shall be classified
as excess footage and an additional fee shall be charged and payable
by the applicant for all footage in excess of 50 square feet at a
rate of $2.50 per square foot. In addition, the applicant shall be
charged a non-refundable fee for necessary Borough administration
and inspection services relating to restoration of the road opening
in the amount of $400 for the first 100 square feet and fifty ($0.50)
cents per square foot for each additional square foot above 100 square
feet.
c. Expiration. Any permit issued pursuant to this section shall become
null and void unless work is commenced pursuant to the permit within
10 days of issuance of the permit and unless the applicant has sought
and received a written extension from the office of the Municipal
Clerk for commencement of the work.
d. Recently Resurfaced or Repaved Streets. Unless otherwise required
by an emergency, the Municipal Clerk shall not issue a permit for
the opening or excavation of any street under the control of the Borough
where such street has been resurfaced or replaced within five years
prior to the date of application for the permit. Any such emergency
must be so certified by the Commissioner of Public Works, Parks and
Public Property.
e. Other Necessary Permits or Licenses. In addition to obtaining a permit
from the Borough as outlined above, the applicant must likewise, where
required by law, obtain all necessary permits or licenses from the
public utilities whose lines, property or equipment may be affected
by the opening, excavation or construction.
f. Notice of Commencement of Work. Subsequent to acquiring the necessary
permits, the applicant must give 48 hours notice to the office of
the Borough Engineer and Borough Clerk before commencement of any
street opening, excavation or construction.
[1988 Code § 130-3]
All applicants for a street opening, excavation or construction
shall prepare and file with the Construction Official an application
obtained from the Construction Code Official. The application shall
be accompanied by a plan or drawing describing the portion of the
street to be opened or excavated, indicating the dimensions of the
opening, the purpose for the opening and the expected duration of
the opening or excavation.
[1988 Code § 130-4]
The Board of Commissioners or the Borough Engineer may order
the measurement of any section and then demand, by registered mail
or direct service, an increased deposit to be made by the applicant
if the original permit is for a lesser area than that actually opened.
[1988 Code § 130-7; Ord. No. 608-12]
a. Every application shall be accompanied by a performance bond in the
minimum amount of $5,000 or such greater amount as may be deemed necessary
by the Borough Engineer to be sufficient to satisfy the purpose set
forth in paragraph c below.
b. A public utility or construction company, in lieu of giving a separate
bond for each project, may annually, once in January of each year,
post a bond in an amount sufficient to encompass the estimated work
performed by the company during the ensuing calendar year. In the
event that construction, excavation or road openings exceed the posted
bond amount, additional bonds and/or cash security will be required.
c. The purpose of depositing the performance bond is to guarantee to
the Borough that any construction, excavation or road opening will
be performed and completed in an acceptable fashion consistent with
the provisions of this Article. In the event that the Borough Engineer
determines that the excavation, construction or restoration and refilling
has not been performed consistent with the requirements of this Article,
he shall be entitled, after reasonable notice to the applicant, to
correct such deficiencies, to take the performance bond, surety bond
or cash posted by the applicant and utilize them to correct any deficiencies,
and have the area restored to its proper condition.
[1988 Code § 130-8]
The applicant shall fill in and resurface any excavated section
and shall maintain the same in a condition similar to the surrounding
surface area for a minimum period of one year. During this one-year
period the performance bond shall remain in full force and effect.
Upon certification of the Borough Engineer, by inspection made thereof,
to the Board of Commissioners, the bond shall be cancelled by motion
of the Board of Commissioners. If such inspection does not show the
surface to have been substantially returned and maintained in its
original condition and level, the Borough shall use the bond proceeds
on notice of intent to do so by 10 days' registered mail or direct
service notice from the Borough Engineer. The Borough may use the
same for the proper leveling and surfacing of the section, returning
any balance of the deposit or charging the applicant for any excess
required to place the section in proper condition. If, during the
ten-day period, the applicant corrects the condition and notifies
the Borough Engineer, in writing, then the notice shall be conditioned
as a new application subject to reinspection and maintenance for one
year from date of correction notice.
[1988 Code § 130-11]
A public utility shall not directly or indirectly charge to
or claim indemnity from any other party, such as its customers, for
the application, deposit and proper repair and maintenance of any
excavated area.
[1988 Code § 130-12]
Any person injured by an official action under this Article
may file an appeal with the Board of Commissioners within 10 days
from the date of the rendering, service or mailing of the appealed
ruling. Any notice may be by ordinary mail to the address set forth
in the application unless otherwise ordered hereunder. An appeal shall
specify the grounds for the same and the relief sought, and all records
of the Borough Engineer shall be deposited with the Board of Commissioners
not less than 10 days nor more than 20 days from the date of filing
the appeal. 10 days' notice shall be given by the Borough to
all parties in interest of the date of the hearing of the appeal.
[1988 Code § 130-13]
The vote of the majority of the Board of Commissioners shall
control its action under this Article.
[Ord. No. 12-2018]
ANTICIPATED MUNICIPAL EXPENSES
Mean the cost of processing an application for a Right-of-Way
Permit including, but not limited to, all professional fees such as
engineer and attorney costs to the Borough.
CABINET
Shall mean a small box-like or rectangular structure used
to facilitate utility or wireless service from within the Municipal
Right-of-Way.
ELECTRIC DISTRIBUTION SYSTEM
Shall mean the part of the electric system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
EXISTING POLE
Shall mean a pole that is in lawful existence within the
Municipal Right-of-Way.
GROUND LEVEL CABINETS
Shall mean a Cabinet that is not attached to an existing
pole and is touching the ground.
MUNICIPAL RIGHT-OF-WAY
Shall mean the surface of, and the space above or below,
any public street, road, lace, public way or place, sidewalk, alley,
boulevard, parkway, drive, and the like, held by the Borough as an
easement or in fee simply ownership. This term also includes rights-of-way
held by the County of Cape May where the Borough's approval is
required for the use of same pursuant to N.J.S.A. 27:16-6.
POLE
Shall mean a long, slender, rounded piece of wood or metal.
POLE MOUNTED ANTENNA
Shall mean a device that is attached to a Pole and used to
transmit radio or microwave signals and shall include, but not be
limited to, small cell equipment and transmission media such as femtocells,
picocells, microcells, and outside distributed antenna systems.
POLE MOUNTED CABINET
Shall mean a Cabinet that is proposed to be placed on an
Existing or Proposed Pole.
PROPOSED POLE
Shall mean a Pole that is proposed to be placed in the Municipal
Right-of-Way.
RIGHT-OF-WAY AGREEMENT
Shall mean an agreement that sets forth the terms and conditions
for use of the Municipal Right-of-Way and includes, but is not limited
to, municipal franchise agreements.
RIGHT-OF-WAY PERMIT
Shall mean an approval from the Borough setting forth applicant's
compliance with the requirements of this Chapter.
SURROUNDING STREETSCAPE
Shall mean Existing Poles within the same right-of-way which
are located within 500 feet of the Proposed Pole.