It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb within the right-of-way of any municipal street or curb within the Borough of Wildwood Crest for any purpose whatsoever without first securing a permit therefor as hereinafter provided. For repairs of 200 square feet of sidewalk, or less, see Chapter
63, Sidewalks, Curbs and Alleyways. For replacement, reconstruction, or repair, of curbing, gutter or over 200 square feet of sidewalk, this chapter shall apply.
Before any permit is issued for any work in a public street,
certain performance and maintenance sureties are to be posted with
the Borough Clerk.
A. Performance surety.
(1) The performance surety shall be in the form of either a corporate
guaranty bond or a surety guaranty bond issued by a company authorized
to do business in the State of New Jersey, in a form satisfactory
to the Borough and in the penal sum of 100% of the full amount of
the total estimated construction costs. A certified check drawn in
favor of the Borough of Wildwood Crest for the same amount (100% of
the total estimated construction costs) may be substituted for the
performance surety. The estimated costs of the proposed work shall
be based upon current market values, and said amount shall be prepared
by the applicant and approved by the Borough Engineer.
(2) In lieu of the above-mentioned performance surety, public utility
companies or authorities may post an annual performance surety for
$20,000 or for an increased amount determined by the Borough Engineer.
The form of surety shall be approved by the Borough Solicitor.
B. Maintenance surety.
(1) In addition to the posting of a performance surety, and as a condition
to the release of same, the Borough may, at their discretion, require
the applicant to post a maintenance surety in the form of either a
surety or guaranty bond issued by a company authorized to do business
in the State of New Jersey, in a form satisfactory to the Borough
Solicitor and in the penal sum of 15% of the performance surety. A
certified check, drawn in favor of the Borough of Wildwood Crest,
for the same percentage (15% of the performance surety) may be substituted
for the maintenance surety.
(2) Public utility companies or authorities posting and continually maintaining
a performance surety in accordance with this section will not be required
to post a separate maintenance surety.
C. The applicant shall be responsible for all maintenance and repairs
required at the site for a period of one year following completion
of construction.
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of debris, construction materials or other obstructions.
Any person, firm or corporation, or utility violating any of the provisions of this chapter shall, upon conviction thereof in a court of competent jurisdiction, be subject to a fine not exceeding $2,000 or to imprisonment in the Cape May County Jail for a period not exceeding 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in §
67-5C of this chapter. Each day or portion thereof during which a violation continues shall constitute a separate violation.
Street openings and excavations performed by the Borough of
Wildwood Crest are exempt from the provisions of this chapter; all
utility companies, public or private, are subject to and required
to comply with the provisions of this chapter. However, a waiver of
permit fees under this chapter may be granted at the discretion of
governing body by resolution, in which event, such waiver shall not
exempt the utility company from complying with the other provisions
of this chapter.
See Appendix I, entitled "Street Opening Ordinance Construction
Details," on file with the Borough Construction Office, which is incorporated
herein as if set forth at length.