The Borough Department of Public Works (DPW) Superintendent
is hereby authorized to issue such permit hereinbefore mentioned.
The Superintendent shall determine the initial time limit during which
the permit shall be valid.
Application for a permit shall be made to the Superintendent
and contain the following information:
A. Name and address of the applicant.
B. Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C. The Borough Tax Map block and lot numbers of the property for the
benefit of which the opening is to be made.
D. Nature of the surface in which the opening is to be made.
E. Character and purpose of the work proposed.
F. Time when the work is to be commenced and completed.
G. Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimension of all openings.
H. The name and address of the workman or contractor who is to perform
the work.
I. A statement that the applicant agrees to replace, at his own cost
and expense, the street, curb, gutter and sidewalk in the same state
and condition in all things as they were at the time of the commencement
of the work within 48 hours of the commencement of same.
No permits shall be issued until the applicant has furnished
a performance guarantee in favor of the Borough of Stanhope in a form
and in an amount determined to be sufficient by the Borough Attorney.
The Superintendent may waive the requirements of this section, in
the case of public utilities, upon the presentation of satisfactory
proof that it is capable of meeting any claims against it up to the
amount of the performance guarantee which would otherwise be required.
The performance guarantee shall be executed by the applicant as principal
and, when applicable, a surety company licensed to do business in
the State of New Jersey as surety, and shall be conditioned as follows:
A. To indemnify and hold harmless the Borough from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation arising out of injury to any person or property resulting
from any work done by the applicant under the permit.
B. To indemnify the Borough from any expense incurred in enforcing any
of the provisions of this article, including but not limited to reasonable
professional fees.
C. To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors in the course of any work
done under the permit.
D. The performance guarantee shall also be conditioned upon the applicant's
restoring the surface and foundation of the street in accord with
Borough specifications for which the permit is granted in a manner
acceptable to the Superintendent.
E. Performance guarantees or a portion thereof not less than $500 shall
remain in full force and continue in effect for a period not to exceed
12 months after acceptance by the Superintendent, or for such longer
period as is determined by the Superintendent in order to guarantee
the restoring of the foundation and surface of the street.
No permit shall be issued until the applicant has furnished
satisfactory proof of insurance against injury to persons and damage
to property caused by any act or omission of the applicant, his agents,
employees or subcontractors in the course of the work to be performed
under the permit, as approved by the Borough Attorney. The insurance
shall cover all hazards likely to arise in connection with the work,
including but not limited to collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $100,000 for injury to any one
person, $300,000 for injuries to more than one person in the same
accident, and an aggregate of $100,000 for property damage for a single
incident. The Superintendent may waive the requirements of this section
in the case of public utilities upon the presentation of satisfactory
proof that it is capable of meeting claims against it up to the amount
of the limits of the insurance policy which would otherwise be required.
Whenever any person or persons has been issued a permit authorizing
to dig up or excavate any of the streets, highways, alleys or public
places in said Borough so as to obstruct and prevent the same from
being used for the time being for the purpose of travel, such person
or persons shall place, or cause to be placed, in conspicuous positions
where such work is being done, at twilight in the evening, suitable
and sufficient lights and keep them burning through the night during
the performance of such work. All excavations shall be kept properly
barricaded at all times and, during the hours of darkness, shall be
provided with proper warning lights.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction thereof, forfeit and pay a
fine of not more than $2,000 or be imprisoned for a term of not more
than 90 days, or both, and the judge before whom any such person,
firm or corporation is convicted shall have power to impose any fine
not exceeding the maximum herein fixed.