For purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings herein given:
APPLICANT
Any person making written application to the Borough and/or
Borough Engineer for an excavation permit.
EMERGENCY OPENING
An urgent opening and repair operation required to protect
the health, safety and welfare of the general public from the immediate
hazards posed by a broken and/or leaking facility, an eroded and undermined
structure or other similar instance involving a sudden and unforeseen
hazard.
MAINTENANCE SURETY
A corporate bond, guaranty bond, or certified check or other
similar surety acceptable to the Borough Solicitor as a guaranty of
good faith performance of all maintenance and repair required at the
site.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other
similar security, acceptable to the Borough Solicitor, furnished by
the applicant as a guaranty of good faith in performing and completing
the work, as described in the application and permit documents, in
full compliance with the construction standards contained herein and
to assure that any subsequent necessary repairs are accomplished to
the satisfaction of the Borough Engineer.
PERMITTEE
Any person who has been granted, and has in full force and
effect, a permit issued hereunder.
PERSON
Any person, firm, partnership, corporation, company or organization
of any kind.
STREET OR ROAD
The entire width between property lines of any way open to
the use of the public by right.
The provisions of this ordinance shall apply to all streets
or roads now in use or hereafter dedicated for public use within the
limits of the Borough of Wenonah.
On or after the effective date of this ordinance, it shall be
unlawful, unless a specific street opening permit has been secured,
to:
A. Excavate, open or make any excavation in or under the surface of
any street for any purpose.
B. Place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of
the street.
Before issuance of any permit, the following sureties are to
be provided to the Borough Clerk:
A. A performance surety in a sum based upon an engineer's estimate,
prepared by the applicant, and approved as to quantities and costs
by the Borough Engineer. Sureties may be in the form of cash or performance
bonds, including corporate (blanket) bonds, in an amount approved
by the Borough Engineer to adequately guarantee the restoration of
any unrestored opening. Such surety to be in a form approved by the
Borough Solicitor.
B. Maintenance surety. In addition to the posting of a performance surety,
and as a condition to the release of same, the permittee shall post
a maintenance surety. The amount of such surety shall be 10% of the
aforesaid engineer's estimate of project cost. The permittee shall
be responsible for all maintenance and repairs required at the site
for a period of one year following satisfactory completion and approval
of the work by the Borough Engineer.
Within 10 working days of the receipt of a properly completed
application and receipt of all fees and deposits herein described,
the borough may, at its discretion, issue a permit to excavate or
open any street surface located within its jurisdiction. The permit
shall state the name, address and telephone number; the location of
the work site; and the time period for which the permit shall be effective.
The time period may be extended by the Borough Engineer for reasonable
cause. The Borough Engineer has the authority to revoke any permit
at any time for reasonable cause.
The Borough of Wenonah reserves the right to deny issuance of
a street opening permit to any applicant who has received proper,
legal, prior notice that street improvement is to take place and giving
notice that street openings will not be permitted for a period of
up to five years following such improvement.
Any person violating any of the provisions of this ordinance, except as provided in §
56-22 herein, shall, upon conviction in the Municipal Court of the Borough of Wenonah, be punished for such offense by a fine not to exceed $500 or by imprisonment for a term not to exceed 90 days in the county jail, or both. The Municipal Judge before whom any person is convicted of violation of this ordinance shall have the power to impose any fine or term of imprisonment, or both, not exceeding the maximums fixed in this ordinance.
Should any section, clause, sentence, phrase or provision of
this ordinance be declared unconstitutional or invalid by a court
of competent jurisdiction, such decision shall not affect the remaining
portions of this ordinance.
All prior ordinances or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.
This ordinance shall take effect immediately upon passage and
due publication according to law.