[Adopted 5-1-1956 by Ord. No. 56-4]
[Amended 10-16-1962 by Ord. No. 8-62; 12-15-1969 by Ord. No. 69-14; 8-26-1974 by Ord. No. 74-17]
It shall be unlawful for any person or persons, corporation or corporations to cut into, excavate or open any of the streets, avenues or highways of the Borough of Clementon, or any portion thereof, without first making written application to the Clerk of the Borough setting forth the kind and character of the proposed excavation and obtaining from the Clerk a permit for each and every opening of 500 feet or less. Before issuing said permit, an individual applicant shall file with the Clerk a bond approved by the Borough Solicitor in the sum of $1,000, signed by the applicant and conditioned upon restoring the street or highway to its original elevation or grade within five days after the excavation or opening shall have been completed. Any public utility company making application for such a permit or permits may, for convenience, file a blanket bond in the sum of $10,000, effective one year from date, conditioned upon restoring the street or highway excavation or opening to the original elevation or grade within said five days. Any street opening is to be restored to its original condition within five days after the opening. If the applicant should feel that the work cannot be completed within this period of time due to weather conditions, permission should be requested from the Borough Engineer or Chairman of the Highway Committee for an extension of time. The applicant for each excavation or opening permit shall pay to the Borough Clerk the sum of $25 for the issuance of said permit and, in addition thereto, shall deposit with said Borough Clerk the sum of $175 as additional security for the prompt and proper closing of the street opening or excavation. Said latter sum shall be deposited into a trust account maintained by the Borough of Clementon, to be refunded to the applicant upon proof of the prompt and proper closing of the street opening or excavation being made to the Chairman of the Highway Department, and his certification thereof to the Borough Clerk.
Within 30 days after the work incident to any excavation or opening of any street or highway shall have been completed, the excavation or opening shall be inspected by the Chairman of the Highway Committee or the Borough Engineer and, if in the judgment of the official making such inspection the surface of the street has been restored to its original condition, the official making the aforesaid inspection shall instruct the Borough Clerk to return an individual's bond for cancellation.
A. 
In case the Borough shall be obliged to refill, repair, or repave any of the streets so disturbed, because of any default or failure of the person or persons, corporation or corporations to restore any street, highway or avenue to its original condition, then, in such case, the Borough shall have the right to proceed against the person or persons, corporation or corporations to recover any damages the Borough may have sustained or, at its option, the Borough may bring suit on the bond filed with the Borough Clerk as herein provided.
B. 
The filing of said bond shall not be construed as exempting the person or persons, corporation or corporations filing the same, from the payment of the sum of $3 to the Clerk for the issuance of each permit in accordance with the aforesaid provisions.[1]
[1]
Editor's Note: Section 245-1, above, originally provided for the payment of the sum of $3 for each permit, but this was changed by Ord. No. 8-62, adopted 10-16-1962, to a provision for the payment of the sum of $25 for each permit.
No person or corporation shall open or excavate a street or highway for a greater distance than 500 feet at one time, or keep the same open for a longer period than two weeks, and during all the period while such street or highway is being excavated, occupied or used in any manner as aforesaid, there shall be provided by the person or corporation obtaining such permit a space of street level at least 15 feet in width for the purpose of allowing vehicles free and unimpeded use of such space. Any person or corporation making openings as aforesaid along the line of any street or highway in the Borough, and any corporation having the right to lay wires, pipes or other conduits or to make repairs under the highway or any section or sections thereof, shall complete all of said work within 90 days from the granting of the permit herein provided for.
Any person or corporation excavating, opening or in any manner using any of the streets or highways of the Borough for any purpose whatever under a permit obtained as herein provided for shall, wherever any excavation may be dangerous to pedestrian or vehicular traffic where left exposed, place upon earth, dirt, building material, appliances or equipment, suitable and sufficient lights as required by the Chairman of the Highway Committee or the Borough Engineer, at twilight in the evening, which shall be kept burning until sunrise during the time of such excavation, occupation or use of the streets as aforesaid, and until five days after such excavations shall have been filled and completed.
[Amended 10-16-1962 by Ord. No. 8-62]
Any person or corporation excavating, occupying or using the streets or highways or alleys as aforesaid shall replace them in the same condition as they existed before such excavation, occupation or use, and all replaced earth shall be properly tamped or paved, all material shall be properly set aside, the street or highway shall be filled, repaired and repaved, and all excess earth, debris or other material removed to the satisfaction of the Chairman of the Highway Committee or the Borough Engineer. Any excavations involving bituminous concrete, commonly known as "blacktop," must be replaced with at least two inches of said bituminous concrete.
In case of the sudden break or bursting of any gas or water main where immediate repair is necessary to prevent the discontinuance of essential public services, it shall not be necessary to obtain a permit before beginning such repair, but such permit shall be obtained within two days after the occurrence of such emergency, and this section shall not be construed to exempt any person or corporation repairing such pipes, conduits or mains from any other provision of this article requiring the filing of a bond containing the conditions hereinabove set forth with the Borough Clerk.
[Added 4-2-2024 by Ord. No. 2024-03]
A. 
On newly paved streets, there shall be a five-year restriction on the issuance of road opening permits. Exceptions shall be granted for utility emergencies, utility openings that impact the safety and welfare of property owners (e.g., generators), or if the applicant is able to prove undue hardships. Undue hardships shall be approved at the discretion of Clementon Director of Public Works or designee appointee. Also, any and all decisions lie with the Borough of Clementon with regard to exceeding the requirements or reducing the requirements of each individual opening.
B. 
The existing pavement shall be cleaned, straight cut and all debris removed. Level and compact the trench area. Final paving shall be as follows: The existing pavement shall be milled to a clean straight line approximately 12 inches away from each side of the existing disturbed pavement to a depth of two inches. Pavement to be milled in areas not accessible to the milling machine shall be removed by other equipment. Any pavement below the specified level of milling that becomes dislodged or delaminated prior to resurfacing shall be replaced with bituminous concrete prior to resurfacing. Milled area shall be swept clean. Prior to placement of the two inches of bituminous concrete surface course, the existing asphalt shall be prepared in accordance with NJDOT Standard Specifications. Tack coat or prime coat, as applicable, shall be applied in accordance with the applicable rates and application methods set forth in said specifications. Placement, finishing, compaction and construction of the two inches of bituminous concrete surface course FA-BC (Mix 1-5) shall be performed in accordance with the requirements set forth in the NJDOT Standard Specifications. All striping and roadway marking shall be replaced at the responsibility and cost of the permit applicant.
C. 
In the event that an exception is granted during the moratorium, the applicant shall be responsible to limit the disruption as much as possible, saw cut all excavations, and restore the trench to its original condition, including, but not limited to, the pavement, surface treatments, and striping. All repair paving shall be completed utilizing infrared technology within 30 days of the trench repair. An applicant for a road opening exemption shall pay a nonrefundable fee of $500 and an inspection fee of $150, and the trench must be compacted in twelve-inch lifts. The applicant shall also pay a refundable deposit of $1,000, to be held in escrow by the Borough to ensure that all provisions set forth above are satisfied.
D. 
A twenty-four-month maintenance warranty and guaranty shall be required after permanent pavement restoration has been satisfactorily completed. Should settlement of the restored pavement area occur within a two-year period from the date of permanent pavement restoration, the contractor shall be required to mill and/or excavate and repair the area to the satisfaction of the Borough Engineer and Roadway Supervisor consistent with the provisions of this article or as directed by the Engineer.
Any person or corporation opening or attempting to open or excavate any of the streets or highways of the Borough without having first secured a permit and filed a bond, as herein provided, or violating any of the provisions of this article, shall be liable to a fine not exceeding $200 or imprisonment not exceeding 30 days, or both, in the discretion of the court before whom the complaint may be heard.