[Adopted 3-5-1996 by Ord. No. 95-16]
For purposes of this article, the following
terms, phrases, words and their definitions shall have the meaning
given herein:
Any public or private utility company, entity, or person,
making written application to the Public Works Department of the City
of Bridgeton for an excavation or route opening permit hereunder.
The excavation, opening or any other work performed under
a permit and required to be performed under this article within a
public right-of-way.
Any person who applied for and has been granted and has full
force and effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
municipality, company, or organization of any kind.
Any street, highway, alley, avenue, or any other public way
or public ground in the City of Bridgeton or under control of the
City of Bridgeton.
A.
It shall be unlawful, except in an emergency as set forth in Subsection B for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the Public Works Department of the City of Bridgeton as herein provided:
(1)
To dig up, excavate, tunnel, undermine, or in any
manner break up any street or public right-of-way.
(2)
To make or cause to be made any excavation in or under
the surface of any street or public right-of-way for any purpose.
(3)
To place, deposit or leave upon any street or public
right-of-way which in any manner interferes with or disturbs the surface
of such streets or public right-of-way.
B.
In the event that any sewer main, conduit or other
utility installation in or under any street, alley or public way bursts,
breaks or otherwise is in such condition as to seriously endanger
persons or property, the owner of such installation shall immediately
remedy such problem and shall immediately take all such necessary
steps to make said location safe and secure. Such owner shall not,
however, begin making permanent repairs to such street or alley until
he shall have secured a permit as hereinafter provided. Such permit
shall be applied for within five working days after such break or
problem shall be made as directed by the City Engineer and shall be
completed as soon as practicable but no longer than 60 days after
receipt of the permit.
A.
A written application for the issuance of an excavation
permit shall be submitted to the Director of Public Works. The application
shall state the name and address of the applicant, the location and
dimensions of the excavation, the purpose of the excavation, the estimated
date of the commencement, completion and restoration of the excavation,
which in no case will exceed a period of six months from date of application,
and such other data as may reasonably be required by the Director
of Public Works. The Director of Public Works may authorize an extension
of said six-month time period if there is justifiable cause, i.e.,
weather conditions, strike or other unforeseen circumstances. All
road opening permit applications shall also be submitted by the applicant
to the City Engineer of the City of Bridgeton for comment and approval.
B.
An applicant has the additional responsibility of
obtaining a separate permit in accordance with N.J.S.A. 48:2-73 et
seq. when the proposed excavation is located within 200 feet of a
gas pipeline, and all permits issued by the Director of Public Works
are subject to the issuance of said separate permit. Applicants are
further responsible for contacting all ether utilities to determine
whether any property or facilities of the utilities are located in
the vicinity of the proposed excavation site, and if so, applicants
are obligated to comply with statutes or regulations pertaining thereto.
A.
Upon application and payment of the fees and deposits
for which provision is hereinafter made, the Director of Public Works,
in his discretion, may issue or deny a permit to excavate or open
the surface of any street or public right-of-way owned or controlled
by the City of Bridgeton, within two weeks of receipt.
B.
No permit shall be issued for any street or right-of-way
for a period of five years after completion of any construction or
reconstruction to it except in an emergency situation, at the discretion
of the Director of Public Works.
C.
No permit shall be issued for any road which has bean overlaid with bituminous concrete for a period of five years after completion of said overlay except in an emergency situation, or at the discretion of the Director of Public Works, or the Mayor as provided in § 307-16 of this article.
D.
In nonemergency situations, the City Council of the City of Bridgeton, by resolution, or the Mayor, pursuant to § 307-16 of this article, may waive the five-year restriction mentioned previously.
E.
The Director of Public Works has the discretionary
power, in the case of City streets which carry exceptionally heavy
volumes of traffic, to forbid an opening or tearing up or excavating
such road except in the event of an emergency situation.
The applicant shall give twenty-four-hour notice to the Department of Public Works, prior to making any road openings, except in cases of emergency as provided in § 307-10B. No opening shall be commenced on Saturday, Sunday or a holiday except in cases of emergency. Inspections for openings on such days shall be paid for by the applicant at a rate set by the City.
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within six months as set forth in § 307-11A. If above is not commenced within that time the permit shall automatically terminate unless extended in writing by the Director of Public Works.
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the Director
of Public Works, must be available for inspection at the work site
and shall be exhibited on demand to any duly authorized employee of
the City or to any police officer of the City of Bridgeton.
D.
Revocation of permit. The Director of Public Works
may revoke a permit for any of the following reasons:
(1)
Violation of any provision of this article or any
other applicable rules, regulations, laws or ordinances.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which
endangers life or property, or which creates any condition which is
unhealthy, unsanitary, or constitutes a nuisance.
E.
Modification of permit conditions. In a special case
the City Council may, by resolution, impose special conditions to
which the issuance of the permit may be subject or may decide that
any provision of this article shall not apply or shall be altered.
A.
Fees must be paid when application is made and shall be as set forth in Chapter 149, Fees, Article II, Schedule of Fees. In lieu of a security deposit in accordance with the Schedule of Fees, the applicant may deposit a sum as set forth in Chapter 149, Fees, Article II, Schedule of Fees, in cash with the Municipal Clerk.
[Amended 9-19-2017 by Ord. No. 17-20]
B.
Performance bond.
(1)
No permit shall be issued hereunder prior to the submission of a performance bond in the amount as set forth in Chapter 149, Fees, Article II, Schedule of Fees. This performance bond shall serve to guarantee that the road openings will be properly closed and that the road, street, or highway will be satisfactorily reconstructed.
(2)
In the alternative, a certified check in the same
amount shall be provided with the application.
C.
Maintenance bond. A maintenance bond shall be posted
prior to the release of the performance bond. The maintenance bond
shall be equal to 10% of the performance bond. This maintenance bond
will remain in effect for a period of two years. This bond may be
in the form of a security bond, cashier's check or certified check.
D.
A permittee shall maintain adequate liability insurance
protection in an amount and form satisfactory to the City Solicitor
of the City of Bridgeton and provide adequate proof thereof.
E.
Any utility company may provide a yearly performance
bond in an amount agreed to by the City Engineer of the City of Bridgeton
sufficient to cover all anticipated street openings during the succeeding
thirteen-month period.
If by special permission of the Mayor or designee
a permit is issued to open any paved or improved street surface less
than five years old, a penalty charge shall be made for the opening,
except that the penalty shall be waived in the event the work is of
an emergency nature. The penalty charge shall be equal to 2% of the
cost of restoring the opening for each unelapsed month or fraction
thereof for the five-year restriction period.
|
Example: Opening made with 55 months left on
moratorium:
| |
|
Cost of opening: $975
| |
|
Penalty fee: (2% x 55 months) x $975 = $1,072.50
| |
|
Total permit fee:
|
$1,072.50
|
|
Application fee:
|
20.00
|
|
_________
| |
|
$1,092.50
| |
