[Added 2-10-69 by Ord. No. 69-2]
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
It shall be unlawful for any person, partnership, association
or corporation to cut, break into, excavate or open any road, street,
avenue or highway in the Borough of Woodbury Heights, or any portion
of the right-of-way, without first making written application to the
Borough Clerk stating the kind, character and purpose of the proposed
excavation or opening and such other information which may be reasonably
required to fulfill the requirements of this Article. Applications
shall be accompanied by six copies of a scaled plan, showing its location
and size, to be distributed, copies to the Borough Engineer, one copy
to the Superintendent of Streets and the final copy to be filed with
borough. There shall be obtained from the Clerk a permit for each
and every opening.
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
Permits shall be issued, subject to the terms hereof, by the
Clerk upon the approval of the application by the Borough Engineer,
which approval shall be given if the application and plans conform
to the requirements of this Article and provide for the work to be
performed in accordance with the current New Jersey State Highway
Department Standard Specifications for Road and Bridge Construction.
Permit (application and plans) must be signed by both Borough Clerk
and Engineer to be valid.
[Added 6-6-84 by Ord. No. 6-84]
Upon review and approval of permit (application and plan), with
any necessary revisions, Engineer shall return three signed sets of
same to the Borough Clerk. Borough Clerk shall, after signing permit,
distribute same as follows:
[Added 6-6-84 by Ord. No. 6-84]
The permit for street opening shall be valid, as prescribed
herein, for a period of one year from the date of issuance. All proposed
work and all temporary and permanent repairs shall be completed in
this one-year period.
[Added 6-6-84 by Ord. No. 6-84]
A.
The proposed construction shown on the permit (application and plan)
shall proceed, during the one-year permit period, in accordance with
the following phase sequence.
|
Time Frame
|
Actual Time
(months)
|
Activity
|
|---|---|---|
|
0 to 2nd month
|
2
|
Proposed construction and all temporary repairs to be completed
|
|
2nd to 6th month
|
4
|
Time period to allow disturbed subsurface soil to settle and/or
compact
|
|
6th to 7th month
|
1
|
Temporary repairs removed and permanent repairs completed
|
|
7th to 12th month
|
5
|
Time period for permanent repairs to be tested and inspected
|
B.
The one-year permit validation period may be changed or revised as
may be necessary when recommendation by the Engineer is reviewed and
approved by the Council.
[Added 6-6-84 by Ord. No. 6-84; amended 4-19-89 by Ord. No. 8-1989; 5-19-99 by Ord. No. 6-1999]
Prior to issuance of any street opening permit, the below listed
fees and performance surety shall be received by the Borough Clerk,
as follows:
A.
Single street openings involving one lot frontage:
(1)
Filing fee (nonrefundable): $75
(2)
Municipal Engineer review and inspection fee (nonrefundable): $300
(3)
Performance surety. The greater sum of $750 or such sum that may
be established by the Municipal Engineer to assure compliance with
terms of this chapter in an amount not to exceed 120% of the cost
of repair, rehabilitation or installation of improvements toward restoration
of the roadway.
C.
Performance security, for the purposes of this subsection, shall mean and include cash deposits or performance bonds or irrevocable letters of credit in a form approved by the Municipal Attorney. In the event that the estimated costs of repair, rehabilitation or installation of roadway improvements shall, at any time, exceed the initial estimate or sums of performance security specified in subsections A or B hereof, the permit holder, on written notice, shall provide such additional performance security equal to such additional costs within 10 days of such notice.
D.
Single street opening for single family dwellings. In the case of
single street openings pertaining to single-family dwellings, with
such street openings for the sole and exclusive purpose of installing,
maintaining, repairing, rehabilitating or inspecting municipal water
or sewer service lines, mains, manholes, equipment, meters, devices
or appurtenances thereto or driveway openings, the below listed fees
and performance surety shall be received by the Borough Clerk, as
follows:
[Added 9-15-99 by Ord. No. 16-1999]
|
1.
|
Filing Fee (Nonrefundable)
|
$50.00
|
|
2.
|
Municipal Engineer review and inspection fee (Nonrefundable)
|
$150.00
|
|
3.
|
Performance surety: The greater sum of $500 or such sum that
may be established by the Municipal Engineer to assure compliance
with the terms of this chapter in an amount not to exceed 120% of
the estimated cost of repair, rehabilitation or installation of improvements
toward restoration of the roadway.
| |
[Amended 6-6-84 by Ord. No. 6-84]
Upon such notice to the Superintendent and under his inspection,
the contractor securing the permit hereunder shall immediately, after
completing the work necessitating the excavating or opening, refill
with material suitable to the Superintendent of Streets, properly
tampered, and restore the excavation or opening with a temporary cover
as follows: earth and gravel roads with gravel not less than eight
inches thick; all other roads and walks with two inches of patch,
Type R.R. or F.A.B.C. No. 1 or No. 2. The applicant shall maintain
the area of excavation free from potholes and depressions until the
final surface has been applied and approved.
[Added 6-6-84 by Ord. No. 6-84]
If the Borough completes either temporary or permanent repairs
following a street opening, all costs incurred by the borough shall
be deducted from the cash security performance deposit along with
new filing fee and new engineer inspection and review fees. Costs
for such repairs shall include but shall not be limited to all labor,
wages, supervision, equipment, materials, gas, oil and advertising.
If the borough completes both temporary and permanent repairs,
the entire cash security performance deposit shall be made available
to a cost incurred by borough to affect said repairs with the balance
of deposit, if any, to be credited to the general revenues of the
borough. The holder of permit shall be considered to fault on the
permit when the applicant fails to make needed repairs within 10 days
after written, regular mail, notification from the Borough Clerk.
After a permit is in fault, borough shall make all necessary repairs
wit bout any further notification to the holder of permit.
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
Unless written permission is obtained from the Borough Clerk,
no permit holder shall be allowed permission to cut, break into, excavate
or open a road, street, avenue or highway for a greater distance than
300 feet at one time, or keep the same open for a longer period than
one week. For all the period during which such road, street, avenue
or highway is being cut, broken into, excavated or opened by the permit
holder, there shall be provided by the permit holder a space of street
level of at least 10 feet in width for the purpose of allowing vehicles
free and unimpeded use of the same. In no event shall a permit be
valid for period of time in excess of 60 days after its issuance without
the written approval of the Borough Clerk.
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
All cuts, breaks, excavations or openings shall conform in size
to the application on which the permit is based and shall be performed
in neat, even and rectangular sections. All excavations to a depth
of six feet or over, and such other excavations as may be required
by the Superintendent of Streets, shall be shored and braced to support
the walls of the trench for the protection or workmen and to prevent
the unintentional widening of the trench.
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
All permit holders shall, whenever any cut, excavation or opening
would be dangerous if left exposed, erect a suitable barricade or
railing around the same in such manner as to prevent danger to pedestrians
or vehicles and place upon such fence or railing and upon any building
materials and appliances suitable and sufficient warning lights during
the period of darkness.
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
All permit holders shall keep the area of their work clear of
dirt and debris at all times and shall carry away and dispose of excess
dirt, debris and other materials resulting from their work.
[Amended 6-6-84 by Ord. No. 6-84]
All monies received hereunder by the Borough Clerk shall be
accounted for and deposited with the Borough Treasurer.
[Amended 9-7-83 by Ord. No. 8-83; 6-6-84 by Ord. No. 6-84]
In case of any emergency involving any underground gas, water,
sewer, telephone or electric facility, where immediate repair is imperative
to prevent loss or damage to streets or property or discontinuance
of service, it shall not be necessary to obtain a permit before commencing
such repair, but such permit shall be obtained within two days thereafter,
and this section shall not be held or taken in any case to exempt
the person, partnership, association or corporation repairing said
facility from any other of the provisions of this Article.
[Amended 6-6-84 by Ord. No. 6-84]
The terms of this Article shall not apply to a street in any
subdivision approved by the Borough of Woodbury Heights Planning Board
prior to acceptance of the said street for maintenance by the borough.
[Amended 6-6-84 by Ord. No. 6-84 and 4-19-89 by Ord. No. 8-1989]
A.
Any person to whom a permit is issued who fails to provide the appropriate
notices to either the Borough Clerk, the Engineer or any borough employee
charged with the responsibility of inspecting said street opening
shall be required to reimburse the Borough of Woodbury Heights for
any and all costs incurred in correcting any deficiencies in the street
opening or the subsequent repair of same.
B.
Any person violating or failing to comply with any of the provisions
of this chapter shall, in addition to the liability as set forth above,
upon conviction thereof, shall be subject to a fine of not less than
$500 and may be imprisoned for a term not to exceed 90 days at the
discretion of the Municipal Court Judge. Each day such violation is
committed or permitted to continue shall constitute a separate and
distinct offense and shall be punishable as same.
