[HISTORY: Adopted by the Mayor and Council of the Borough of Pine Beach: Art. I, 7-9-1968 by Ord. No. 68-08-180. Sections 151-3 and 151-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 7-9-1968 by Ord. No. 68-08-180]
No person, firm or corporation shall excavate or open or dig in or upon or otherwise disturb the surface, soil or material of any public street, easement, highway, road or other public place for the purpose of making connections to any water pipe, sewer pipe, gas pipe or other utility installation or for any other purpose whatsoever unless a permit so to do shall have first been obtained from the Borough Clerk.
All applications for such permit shall be made, in writing, to the Borough Clerk on a form to be furnished for that purpose and shall specify the name and address of the applicant, the specific location of the proposed excavation, the width, length and depth thereof, the type of road or other surface and the owner of the property for whose benefit the excavation is to be made and shall be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided, together with the charges as hereinafter set forth in § 151-4A.
Upon receipt of the proper application accompanied by said fee and charges, the Borough Clerk shall issue a permit for the purposes contemplated by this article, which said permit shall be numbered and dated as to its issuance. Said permit, when so issued, shall grant permission to the applicant to make or cause to be made such excavation or opening in accordance with the application and in accordance with the standards and regulations hereinafter set forth in § 151-4. The Borough Clerk shall forthwith notify the Superintendent of Public Works of the borough of the issuance of any such permit and shall forthwith forward to the said Superintendent of Public Works a copy of the application and the permit so issued.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The following regulations and standards are hereby established in connection with the application of this article:
A. 
Fees, deposits and charges.
[Amended 3-21-1988 by Ord. No. 88-05-360]
(1) 
For every opening or excavation up to a length of 50 feet, the application fee shall be $25. For every opening or excavation of a length of more than 50 feet but less than 250 feet, the application fee shall be $50. For every opening or excavation of a length of more than 250 feet but less than 500 feet, the application fee shall be $75. For every opening or excavation of a length of more than 500 feet but less than 1,500 feet, the application fee shall be $100. For every opening or excavation of a length of more than 1,500 feet but less than 2,500 feet, the application fee shall be $125. For every opening of a length of more than 2,500 feet, the application fee shall be $150.
(2) 
All applications shall be accompanied by a deposit [minimum $750] in addition to the nonrefundable fees recited hereinabove, the amount of which shall be computed according to the size of the excavation or opening at a rate of $6 per square yard.
(3) 
Such deposit shall be refunded or applied to the cost of restoring the surface or any other expenses incurred by the borough in connection therewith.
Prior to any refund, said deposit shall be retained by the borough for a period of six months after completion of the surface restoration to assure proper workmanship and materials.
B. 
Excavations and backfilling.
(1) 
The issuance of a permit under this article shall not in any way be deemed to constitute a waiver of any other lawful requirement in connection with public utility installation requirements. Any work permitted under this article shall be conducted in a manner so as not to interfere with public utility or other authorized installations.
(2) 
All excavations shall be completely backfilled, and as great a portion as possible of the material excavated shall be replaced and compacted by flushing, tamping or other suitable means; additional material to be added when there is a deficiency. Whenever the Borough Engineer shall deem the material unsatisfactory for backfill, the permittee shall backfill the trench with sand or other proper and acceptable material, compressed as required. All excess materials shall be removed from the premises. Anything contained herein to the contrary notwithstanding, the top eight inches of any such excavation shall be filled with compacted Grade A road gravel as established by New Jersey State Highway Department specifications.
(3) 
No trench shall be backfilled until all proper inspections of any connections shall have been made as required by any and all governmental laws and regulations concerning the inspection of sewer and water or gas connections.
(4) 
When the backfill of the trench or excavation has been completed, the permittee shall forthwith notify the Road Supervisor that the same is ready for resurfacing; provided, however, that notice need not be given where the resurfacing is to be done by the permittee.
C. 
Restoration of surface paving and surface paving foundations. All concrete pavement and concrete foundations shall be resurfaced and restored to their former condition by the permittee to the satisfaction of the Borough Engineer. All other surfaces shall be resurfaced by the Borough of Pine Beach or at its direction, with the actual cost thereof to be borne by the permittee; provided, however, that in the event that the Borough Engineer shall be satisfied that the permittee has the necessary experience, labor and equipment to satisfactorily complete the patching of the surface pavement or treatment, he may grant said permittee permission or may direct said permittee to do so, and provided further that the Borough of Pine Beach reserves the right to remove and replace any defective patch work or surface treatment work made by the permittee and charge the cost of labor and materials for such removal and replacement to the permittee.
[Amended 3-21-1988 by Ord. No. 88-05-360]
D. 
Time limit. All work shall be completed on or before the date specified for completion in the application, and in the event that said work is not completed on or before said date, the Borough Engineer may take steps to complete the work, charging the cost thereof, together with the regular resurfacing charge, to the permittee, any balance over and above the deposit to be charged and billed to said permittee.
E. 
Protection of openings. The permittee shall keep the opening properly guarded and cause said opening to be properly lighted at night.
Upon the completion of any such work, the Road Supervisor shall file a report on a form to be furnished for that purpose, which said report shall contain the date of completion, the amount on deposit, the cost to the borough of resurfacing the area so excavated or opened, if the same shall have been necessary, and the balance, if any, due to the applicant, which said report shall be countersigned by the Borough Engineer. Upon receipt of said report by the Borough Clerk, the balance, if any, due the applicant on account of any deposit shall be forthwith returned.
Nothing herein contained shall be deemed to restrict or nullify any franchise of any public utility company now in effect or which may hereafter be granted.
[Amended 3-21-1988 by Ord. No. 88-05-360]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to one or more of the following: a fine of not more than $1,000, imprisonment for a term not to exceed 90 days or community service for a period not to exceed 90 days for each and every offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.