[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.
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.
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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.