[Ord. #6-79, § 1]
As used in this section:
Shall mean the Borough of South Bound Brook in the County
of Somerset.
Shall mean a condition or circumstance which involves immediate
danger to life or property or both, or which involves a possibility
of interruption or curtailment of any service furnished to the public
by a public utility.
Shall mean any public utility, as herein defined, individual,
corporation, partnership, or firm, to which a permit shall have been
issued under and pursuant to this section.
Shall mean any public utility, as defined in Section 48:2-13
of the New Jersey Statutes Annotated.
Shall mean the Borough Supervisor of Roads, or such other
officer or person as may be designated by the Borough Council to issue
permits as herein provided for.
[Ord. #6-79, § 2]
No person or public utility shall remove, dig into, disturb,
excavate or take up, or cause or procure to be removed, disturbed,
excavated or dug up the surface of any dedicated or public street,
highway, alley, lane, court, sidewalk or other public place or pavement
therein, except streets not under the jurisdiction of the Borough,
without written permission of the Supervisor of Roads of the Borough
or such other officer or person designated by the Borough Council
whose duty it shall be to grant such permission when all of the requirements
of this section for granting the same shall have been complied with
by the applicant. A separate permit will be required for each opening
made in any street or streets.
[Ord. #6-79, § 3]
To obtain such a permit, an application shall be made on a form
to be provided by the Supervisor of Roads. The application shall state
the purpose of the excavation and the name and address of the person,
corporation, partnership or firm who or which will restore the permanent
pavement when the same is not to be done by the Borough or the applicant.
The application shall be accompanied by a diagram indicating the nature
and extent of the excavation to be made and the work to be done, and
if during the course of the work, any major variation is required,
the permittee shall file with the Borough Supervisor of Roads an amended
diagram, showing the manner in which the work actually is being done.
[Ord. #6-79, § 4]
The fee for each such permit shall be $25, representing processing
and inspection fees. The fee shall be paid with the filing of each
application for a permit, and shall be made payable to the Borough
of South Bound Brook. Application forms shall be available at Borough
Hall during regular working hours.
[Ord. #6-79, § 5]
Each application for a permit, other than in an emergency, shall
be reviewed by the Supervisor of Roads and South Bound Brook Police
in order to determine that the application conforms with the provisions
of this section. Upon a determination by the Supervisor of Roads and
Police Department that the application does conform to the provisions
of this section, the application shall be approved and a permit issued.
a.
The work on any opening to be made under the permit provided for
in this section shall be commenced within 30 days from the date of
the permit and the work prosecuted with due diligence to its completion.
If, for any reason, work is not commenced within the period of 30
days, the Supervisor of Roads or such other officer or person as the
Borough Council may designate, shall extend it for a like period.
b.
In case of emergency, any public utility, corporation, partnership
or firm may make an excavation in, or tear up the surface of any road
without first having obtained from the Borough Supervisor of Roads
a permit therefor, in which case the public utility, corporation,
partnership or firm shall make application for such a permit within
two working days after the occurrence of such emergency; provided,
nevertheless, that any such corporation, partnership or firm other
than a public utility shall first telephone or communicate with the
office of the Borough Supervisor of Roads a statement concerning the
emergency in question, or, in case the Borough Road Supervisor's
office is closed, the telephone call or communication shall be made
to the Chairman of Roads, or Borough Engineer, or Mayor, who may grant
oral emergency approval; further provided, nevertheless, that a public
utility in such an emergency shall notify the South Bound Brook Police
Department no later than the end of the next working day and advise
as to the emergency in question.
[Ord. #6-79, § 6]
No mechanical excavating machinery or equipment shall be used
unless the use thereof shall have been set forth specifically in the
application.
[Ord. #6-79, § 7]
Tunneling under pavements shall not be done unless authorized
in writing by the Borough Supervisor of Roads.
[Ord. #6-79, § 8]
No excavation shall be made on a Sunday except in case of emergency.
[Ord. #6-79, § 9]
The permittee shall properly guard the excavation by the erection
of suitable barricades and also by displaying warning lights at night,
or at all times when visibility is not normal.
[Ord. #6-79, § 10]
If the excavation is to extend the full width of the road, no
more than 1/2 of the road shall be opened at one time, and such half
shall be backfilled before the other half is opened, so as to permit
the free flow of traffic.
[Ord. #6-79, § 11]
After the underground installation has been completed, the permittee
shall promptly backfill the excavation. The materials for backfill
shall be select backfill or material approved by the Supervisor of
Roads or Borough Engineer. The trench shall be covered with eight
(8") inches of roadstone known as quarry process stone. All excess
materials shall be removed from the road. A temporary pavement consisting
of two (2") inches of bituminous patch material shall then be placed
over the excavation area, which shall be maintained by the permittee
for a period up to 180 days to allow for settling.
[Ord. #6-79, § 12]
When final settlement has taken place, the permittee shall replace
the temporary pavement with a permanent pavement which shall be not
less than six (6") inches larger than the length and width of the
opening. The permittee shall cut the existing pavement and dig six
and one-half (6 1/2") inches deep. The permanent pavement shall
consist of five (5") inch bituminous stabilized base and one and one-half
(1 1/2") inches FABC-1, or such other permanent pavement as may
be authorized from time to time by the Borough Engineer. All permittees
other than public utilities shall give the Borough Supervisor of Roads
one day written notice previous to the time when the permanent pavement
is to be installed in order to permit an inspection thereof.
[Ord. #6-79, § 13]
The permittee may install the permanent pavement with its own
forces or through a contractor whose experience, plan and equipment
have been approved by the Borough Supervisor of Roads, however, this
prior approval by the Borough Supervisor of Roads shall not apply
to public utility companies. If, after a period of 30 days after opening
pavement, the permittee fails to properly replace the pavement, the
Borough may with its own forces replace the pavement, or employ a
contractor to replace the pavement, and the permittee shall be charged
therefor at the rates not in excess of the applicable rates hereinafter
set forth, which charges shall be billed upon the completion of the
work and shall be paid within 30 days after the receipt of the bill
therefor.
|
Borough Rates
| |
|---|---|
|
Reinforced concrete pavement
|
$25.00 per sq. yd.
|
|
All bituminous surface streets
|
$15.00 per sq. yd.
|
|
Sidewalks
|
$25.00 per sq. yd.
|
|
Curbs
|
$10.00 per linear ft.
|
|
Shoulders, grass areas within Borough right-of-way
|
$5.00 per sq. yd.
|
[Ord. #6-79, § 14]
Any damage done to the pavement, sidewalk, curbing or trees as a result of the negligence of the permittee in installing its equipment shall be repaired by the permittee. If the permittee shall fail to make such repairs, the Borough shall give the permittee written notice thereof specifying the damage to be repaired. If the permittee shall fail to make such repairs within 30 days after the receipt of such notice, the Borough shall have the right to make such repairs in which event the permittee shall be charged for the cost thereof at rates not in excess of the applicable rates set forth in subsection 9-1.13 which charges shall be billed upon the completion of the work and shall be paid within 30 days after the receipt of the bill therefor.
[Ord. #6-79, § 15]
The permittee, in accepting a permit issued under this section,
shall be deemed to have agreed to indemnify and save harm to the Borough
from and against any and all loss, costs or damages, incurred by reason
of any damages to any property, injury to any person, or any loss
of life, resulting from any negligence of the permittee, its agents
or servants, in performing the work covered by the permit.
[Ord. #6-79, § 16]
a.
Each public utility desiring to obtain permits pursuant to this section
shall file each year with the Borough Clerk, a bond, which may be
the bond of such corporation solely, in the sum of $15,000, conditioned
upon compliance with the applicable provisions of this section.
b.
Every other permittee shall file with the Borough Clerk with respect
to each permit issued pursuant to this section, a cash bond in such
sum as shall be determined by the Supervisor of Roads, but in no case
shall it be less than $250 conditioned upon compliance with the applicable
provisions of this section.
c.
Each bond filed pursuant to this section shall be in a form satisfactory
to the Borough Attorney and shall be discharged by resolution or the
Mayor and Council, only after approval of work by the Supervisor of
Roads; provided, however, that no bond shall be returned to the permittee
until 90 days after approval of the work.
[Ord. #6-79, § 17]
Each and every permittee, including a public utility, shall
submit a Certificate of Insurance with each application form, representing
general liability coverage in the amount of $100,000 for personal
injury of one person and $300,000 for injuries to more than one person
involved in any accident as well as a minimum of $25,000 property
damage coverage.
[Ord. #6-79, § 18]
The Supervisor of Roads shall be present at the opening and
closing of all roads in order to establish compliance with the provisions
of this section.
[Ord. #6-79, § 19]
Neither the Borough, Borough Supervisor, nor any person, corporation,
partnership or firm employed by them, or any one or more of them,
to perform work under or pursuant to the provisions of this section,
shall be deemed to be the agent or the servant of the permittee for
any of the purposes of this section.
[Ord. #6-79, § 20]
The Borough Supervisor of Roads shall administer and enforce
the provisions of this section.
[Ord. #6-79, § 21]
In any case where the Borough Supervisor of Roads denies an
application for a permit, the applicant may appeal to the Borough
Council within 10 days after such denial and shall be accorded a hearing
thereon by the Borough Council, and in its discretion may issue the
permit. The Borough Council likewise reserves the right to revoke
any permit issued by the Borough Supervisor of Roads, and such revocation
shall be final and conclusive unless the applicant requests a hearing
before the Borough Council on the revocation, and the Borough Council
may affirm its revocation or issue the permit in its discretion.
[Ord. # 6-79, § 23]
The fee schedules incorporated into and made a part of this
section shall be reviewed by the Borough Council in January of each
year. The Council may, by resolution, amend any of the aforesaid fee
schedules.
[Ord. 5/5/11, preamble]
Proposed streets which run in the same general direction as
existing streets in the Borough, and purport to be continuations thereof,
but do not join or conform thereto, would be apt to produce irregularity
and confusion.
[Ord. 5/5/11, § 1]
No act or proceeding to accept any street now or hereafter proposed
of the character mentioned in the preamble, to the end that the maintenance
may become chargeable upon the Borough, will be taken, unless a map
thereof showing the proposed location and width of such proposed street
or streets or extensions shall be first approved by resolution of
the Mayor and Council.
[Ord. 10/7/14, § 1]
Sidewalks shall be constructed on both sides of all streets
in the Borough. Where sidewalks are not already constructed it shall
be done by the persons owning the land fronting on the streets at
their expense within 30 days from the date of service of notice. The
notice shall be in writing, requiring such work to be done and signed
by the Borough Clerk. The notice shall be served personally to the
owner if the owner resides in the Borough. If the owner is residing
out of the Borough, the notice shall require the work to be done within
40 days from its date and it shall be served within two days from
the same date by posting a copy on the premises, if unoccupied. If
occupied, a copy shall be delivered to the owner, tenant or occupant.
In either case, within two days, a copy of the notice shall be sent
by registered mail with prepaid postage. If the owner is absent, the
Borough Clerk shall make a diligent inquiry as to the address of the
tenant affected by the notice, by contacting relatives, the Tax Collector,
or other person likely to have such knowledge. Sufficient proof of
service of notice shall be presented to the Mayor and Council before
further action is taken. Affidavits of service shall state whether
such notice was served personally, and if otherwise, how, when and
of whom inquiry was made as aforesaid.
[Ord. 10/7/14, § 2]
Sidewalks shall be constructed, in a substantial and workmanlike
manner, of cement four (4') feet in width, properly jointed and
laid in regular continuous lines in the center or the space or part
of the streets allotted for sidewalks. The grade shall conform to
the grade of the streets, except where such grade would cause injury
to property, including valuable shade trees. The Street Committee
is empowered, upon application, to modify and change the grade and
lines, if necessary, so as to prevent such injury, so far as they
deem practicable. The construction shall be subject to the approval
of the Street Committee.
[Ord. 10/7/14, § 3]
Should the owner of land fronting on any street fail to construct
or repair any such sidewalk, after notice was given, the Mayor and
Council shall cause the work to be done. The cost and interest shall
be assessed to the owner of the lot in front of which such sidewalks
shall have been so constructed or repaired by resolution of the Mayor
and Council. The resolution shall set forth the name of the owner,
a description of the lot owned, and the amount assessed thereon and
by a certified copy from the Borough Clerk shall be delivered within
10 days to the Tax Collector, who shall enter the same in a book called
"Sidewalk Assessments." Such assessments shall become a lien on the
lots and shall be enforced in the same manner as assessments for other
improvements.
