[Adopted 7-22-2008 by Ord. No. 2008-9A]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person, partnership, firm, company, or corporation to cut, break into, excavate or open any roads, streets, avenues or highways of the City, or any portion of the right-of-way thereof, without first making written application to the City 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, accompanied by a sealed plan showing its location and size, and obtaining from the City Clerk a permit for each and every opening. Permits shall be issued subject to the terms hereof by the City Clerk upon the approval of the application and accompanying plan by the Superintendent of Public Works, or his/her designee, which approval shall be given if the application and plan conform to the requirements of this chapter and provide for the work to be performed in accordance with current New Jersey State Highway specifications, and the payment of an application fee as provided in Chapter 260, Fee Schedule, of the Code of the City of Beverly.
A. 
No application for a street opening permit shall be issued by the City Clerk unless the applicant shall have filed with the municipality a performance guarantee sufficient in amount to cover the cost of all excavation and complete restoration in conformance with the terms of this chapter. Such performance guarantee shall be in the form of a performance bond or standby demand letter of credit which shall be issued by a bonding or surety company or banking facility authorized and doing business in the State of New Jersey, or by any other type of guarantee approved by the City Solicitor. The unit prices of the performance guarantee shall be reviewed and revised by the City Engineer on an annual basis.
B. 
The performance guarantee shall be approved by the City Solicitor as to form, sufficiency and execution. The performance guarantee may be released by the governing body by resolution upon recommendation of the City Engineer or his/her designee, as appropriate.
C. 
If the required restoration work has not been completed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the municipality for the reasonable cost thereof and the municipality shall complete the restoration work utilizing the monies appropriated from such performance guarantee.
A. 
At the time of submission of the application, the applicant shall deposit with the City a sum equal to 10% of the face amount of the performance guarantee or $100, whichever is greater, which sum shall be held in escrow and applied to the cost of the inspections. Any monies remaining in the escrow fund upon completion of the work pursuant to the terms of this chapter shall be returned to the applicant. Any costs incurred for the City Engineer's services in excess of the escrow fund shall be paid by the applicant. The City Engineer shall submit a detailed time record of his/her work in connection with the street excavation.
B. 
Upon such notice to the Superintendent of Public Works, or his/her designee, as (s)he may prescribe, and under his/her inspection, the contractor securing the permit hereunder shall immediately after completing the work necessitating the excavation or opening, refill, properly tamp and restore the excavation or opening in accordance with the standard restoration details as attached hereto and incorporated into this article.[1] The applicant shall maintain the area of excavation free from potholes and depressions until the final surface has been applied and approved. Thereafter, but not before 30 days from the completion of the temporary cover, the applicant shall make final and permanent repairs.
[1]
Editor's Note: The standard restoration details are on file in the City offices.
The performance guarantee shall continue in effect for one-year period after final and permanent repairs are made, as herein provided. If, at the end of a period of one year from the completion and approval of the final and permanent repairs, no defects in the contractor's work appear, the performance guarantee shall be released and the balance of the escrow fund, if any, shall be returned to the applicant. If during such one-year period any settlement occurs in the excavation or opening, the Superintendent of Public Works, or his/her designee, shall notify the contractor by ordinary mail, addressed to the location given on the application permit, to correct the condition within 10 days of the notice and complete a new, temporary cover, after which final and permanent repairs shall again be made as hereinabove provided for. In the event the contractor shall fail to correct the conditions as required herein, the obligor and surety shall be liable thereon to the municipality for the reasonable cost thereof and the municipality shall complete the restoration work utilizing the monies appropriated from such performance guarantee and to do so without further notice.
A. 
Whenever the Common Council enacts any ordinance or resolution providing for the paving or repaving of any street, the City Clerk shall promptly mail a written notice thereof to each person owning sewers, mains, conduits or other utilities in or under such street or any real property, whether improved or unimproved, abutting such street. Such notice shall advise such persons that no excavation permit shall be issued for openings, cuts or excavations for a period of five years from the date of completion of such improvements.
B. 
The City shall also promptly mail copies of such notice to the occupants of all houses, buildings, and other structure abutting such street for their information and to state agencies and departments or other persons who may desire to perform excavation work in such street.
A. 
Within 45 days, every public utility company receiving notice, as prescribed herein, shall perform such excavation work, subject to the provisions of this chapter, as may be necessary to install or repair sewers, mains, conduits or other utility installations.
B. 
In the event any owner of real property abutting such street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines, service connections or other utility installations to the property lines, any and all rights of such owner, or his/her successors in interest, to make openings, cuts or excavations in such street shall be forfeited for a period of five years from the date of enactment of such ordinance or resolution. During such five-year period no excavation permit shall be issued to open, cut or excavate in such street, except as provided for in accordance with § 516-10.
A. 
Excavation permitted. If, in the judgment of the City, an emergency, as described in § 516-10B below, exists which makes it absolutely essential that the repairs be undertaken, excavation may be permitted.
B. 
Emergency defined; approval required. In the event of any emergency in which a sewer or water main, sewer or water lateral, conduit or underground utility of any kind or description in or under any street, breaks, bursts or otherwise is in such condition as to immediately endanger property, life, health or the public safety, the person owning or controlling such utility shall obtain the verbal approval of the Superintendent of Public Works, or his/her designee, before taking emergency measures to cure or remedy the dangerous condition.
C. 
Permit required; time for application; repairs pending issuance. The person owning or controlling the utility shall apply for an excavation permit, as provided herein, on the first business day on which the City Clerk's office is open for business after the occurrence of the emergency. Permanent repairs shall not be made until an excavation permit has been obtained.
D. 
Special restoration. In the event that emergency excavation of any road, street, avenue or highway of the City or any portion of the right-of-way is required within the five-year period following paving or repaving of such, special restoration of the roadway may be required, including but not limited to full depth milling and overlay of the road as determined by the City Engineer.[1]
[1]
Editor's Note: Original Sec. 14-2.4(e), Additional fees, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any new building construction along a newly constructed or reconstructed roadway that requires a road opening to facilitate utility connections shall be subject to the same requirements as an emergency excavation as discussed in § 516-10D.
B. 
The property owner will be required to obtain a separate restoration permit and to post a restoration bond along with the required escrows to cover all utility connection excavations in a newly constructed or reconstructed roadway, as defined in this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this article, upon conviction by a court of competent jurisdiction, shall be subject to the penalty provisions of § 1-14, General penalty, of the Code of the City of Beverly, and, notwithstanding such conviction, shall remain responsible for and required to comply with the requirements of this article. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.