The intent of this article shall be to require municipal consent
to open, excavate, dig in or disturb any roadways or streets or other
municipally owned or controlled public place within the Borough and
to require security or a deposit to ensure that the road, street,
highway or other public place shall be restored to the condition it
was in prior to the opening, excavation, digging or disturbance. The
Borough shall protect the public safety and welfare in the use of
said streets, roadways or places under the police power of the Borough
by appropriate regulation.
No person, firm or corporation shall excavate or open or dig
in or upon or otherwise disturb the surface, soil or materials of
any public street, easement, rights-of-way or other public place for
the purpose of making connections to any water pipe, sewer pipe, gas
pipe or other utility installation or to replace any sidewalks or
curbs, or for any other purpose whatsoever, unless a permit to do
so shall have first been obtained from the Public Works Supervisor.
No permit to open or excavate a public street or public place
shall be issued except upon written application being made therefor.
The application shall set forth the following information:
A. The name, address 24/7 telephone number and email address of the
applicant.
B. The name, address 24/7 telephone number, email address and registration
number of the contractor, if different from the applicant.
C. The name, address, 24/7 telephone number and email address of the
person under whose supervision the work will be performed, if different
from the applicant.
D. The name of the street or streets or public place to be involved
by the opening.
E. Length, width and depth expressed to the nearest foot; the area in
square feet of the proposed opening or excavation; the area in square
feet of the opening.
F. Description of any proposed utilities that might be affected by the
proposed excavation.
G. Purpose of the opening or excavation.
H. The amount of the fee accompanying the application in accordance
with the provisions of this article.
I. The signature of or for the applicant.
J. The applicant shall support the application with one of the following:
(1) A copy of the plan for the project.
(2) A sketch of sufficient detail to enable the official issuing the
permit to act upon the application.
K. Amount of cash deposit, if required, that accompanies the application.
L. Deliver to the Borough satisfactory proof of insurance in the minimum
amount of $1,000,000 per person, and $3,000,000 per occurrence, insuring
the permittee and the Borough against liability for injury or loss
sustained by any person or persons as a result of the acts of commission
or omission of the permittee, or any servants, agents or employees
of the permittee.
The appropriate nonrefundable application fee shall accompany
the written application to defray the cost of the administration of
the provisions of this chapter and the cost entailed in making the
necessary inspections.
A. A fee, as set forth in the fee schedule on file at the office of
the Municipal Clerk, shall be retained by the Borough, regardless
of whether the street opening permit is granted or not.
B. If the opening or excavation is to be of a larger area than 500 square
yards, a fee for each additional 50 square yards, or fraction thereof,
shall be charged as set forth in the fee schedule on file at the office
of the Municipal Clerk.
C. If the contractors are employed by the Borough, no fee shall be required
for a permit to open or excavate a public street or public place in
connection with the performance of a contract granted by the Borough.
Notwithstanding any other provisions hereof, no person who has posted a surety bond shall open any street or public place where the horizontal area of the opening will exceed 250 linear feet or 500 square yards, whichever is less. Where it is contemplated that the horizontal area of an opening shall exceed 250 linear feet or 500 square yards, the fees provided for in §
209-6A hereof shall be paid, and a permit obtained, prior to making such opening.
No person who opens or excavates any public street or public
place under authority of a permit issued pursuant to this article
shall permit the opening or excavation operation to be conducted by
any person other than the permittee or his immediate employees, unless
in those cases where it is contemplated that the permittee will engage
the service of some other person to conduct the opening or excavation
operation, in which case the application for the permit shall designate
the name of the person other than the permittee who shall actually
be conducting the opening or excavation operation.
The permittee shall indemnify and save harmless the Borough,
its officers, agents and employees from any loss, injury or damage
resulting from any negligence or fault of the permittee, its agents,
servants or employees or contractors in connection with the performance
of any of the work covered by the permit. The terms and provisions
of this article shall be deemed a covenant by such permittee to so
indemnify and save harmless the Borough of Bay Head while performing
any work related to this permit.
For a violation of any provision of this article, the maximum
penalty, upon conviction thereof, shall be a fine not exceeding $3,000
or imprisonment for up to 90 days or a period of community service
not exceeding 90 days, or any combination thereof.