[Adopted 2-23-1968 (Art. 1 of Ch. 13 of the Codified Ordinances); amended in its entirety 9-16-2003 by Ord. No. 14-2003]
This article shall be know and may be cited as the "Street Excavation Ordinance of the Borough of Sea Bright."
A. 
Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
APPLICANT
Any person who shall make a written application to the Borough Clerk for an excavation permit hereunder.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger or hazard to person or property.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels and headwalls existing within the public right-of-way. For the purposes of this article, that work which is being performed outside of the public right-of-way but which requires the storage of materials or the operation of equipment within the public right-of-way in such a manner as may cause damage will also be deemed excavation work. The term "excavation work" shall also include the construction, addition, installation or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this article, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
PERMITTEE
Any person who has been issued a permit pursuant to the terms and conditions of this article and who is obligated to fulfill all the terms of this article.
PERSONS
Any person, firm, partnership, association, corporation, company or public or private organization of any kind.
STREET
Any public street, highway, sidewalk, alley, public easement, public right-of-way or public grounds accepted or maintained by the Borough and any state or county road over which the Borough may have acquired jurisdiction by agreement.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A. 
It shall be unlawful for any person to perform any excavation work, as defined herein, or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street or dig up, break, excavate or undermine or in any way affect any other public improvement within a public right-of-way, unless such persons shall first have obtained a permit therefor from the Borough Council of the Borough of Sea Bright as herein provided.
B. 
This section shall not apply to corporations having, by their charters or under the laws of this state, authority to excavate or open the surface of streets or roads without the consent of the municipal or local authorities, so far as concerns the uses and purposes to which such authority extends, but shall in other respects apply to such corporations in full force.
A. 
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Borough Clerk on a form provided by the Borough of Sea Bright and signed by the applicant performing the work. The form must be completed in such a fashion as to contain a clear and definite description of the name, address, and telephone number of the applicant; the nature, scope, location and purpose of the excavation, together with the approximate size of the opening to be made in a sketch which clearly shows the location and dimensions of the proposed opening; the proposed dates of commencement and completion of the excavation, which date shall be the expiration date of any permit issued pursuant to the application; and such other data as may be reasonably required by the Borough of Sea Bright officials, including complete plan, profile and details of any proposed curb, sidewalk, pavement or other proposed improvement or structure being installed. Upon receipt of the application the Borough Clerk may refer the same to the Borough Engineer for comments within five business days of receipt of a completed application. All comments shall be made and the application returned to the Borough Clerk with a recommendation of approval or disapproval (and the reasons therefor) within seven days of the receipt of the application by the Borough Engineer. The Borough Clerk shall issue all approved permits within three days of receipt of the comments by the Borough Engineer or the expiration of the seven-day comment period, whichever occurs first.
B. 
Work on any opening to be made under the permit provided for herein shall commence within 30 days from the date of the permit and prosecuted with diligence until its completion. If for any reason the work is not started within this period, the permit shall be void and any portion of the application fee in excess of the minimum $100 shall be refunded to the applicant, together with any unused portion of its cash repair deposit or performance bond.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Application for permit. Application for a permit shall be made on written forms provided by the Borough Clerk with an application fee of $100.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Additional fees and deposits; bond. In addition to the fee prescribed by this article, the application shall be accompanied by a deposit to secure the obligation to restore the surface of the street as required by this section. The amount of this deposit shall be as follows:
(1) 
For an excavation up to 20 square feet: $500.
(2) 
For an excavation exceeding 20 square feet: $1,000.
(3) 
Unpaved street excavation: $200.
(4) 
For larger excavations: such amount as the Borough Engineer shall determine as reasonable for the cost of restoration, including the setting of an acceptable performance bond in the sum of $5,000 or more, at least 10% of which shall be paid in cash, at the direction of the Borough Clerk, to guarantee faithful performance of the work authorized by a permit granted pursuant to this article. A separate review fee shall be charged by the Borough Engineer as a result of this evaluation not to exceed $150.
C. 
In the event that the applicant does not restore the property to its original condition immediately after the completion of work (final restoration to be completed within 30 days), the Borough may restore the property and deduct the reasonable cost from the deposit, any balance to be returned to the applicant. Upon faithful performance of each and every provision of this article, the bond will be returned one year after being posted.
D. 
In lieu of a performance bond per job, any utility regulated by the BPU or any contractor expecting to request multiple permits per year may post a blanket performance guaranty in the minimum sum of $5,000 with the Borough on an annual basis. In the event that the Borough Engineer determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket bond, an additional bond for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s).
A. 
The permittee shall take appropriate measures to ensure that during the performance of the excavation work traffic conditions shall be maintained as nearly normal as practicable at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Department of Public Works, with the approval of the Chief of Police, may permit the closing or partial closing of streets to all traffic for a period of time prescribed as necessary. The permittee shall route and control traffic, including it own vehicles, as directed by the Borough Police Department. The following steps shall be taken before any street may be closed or restricted to traffic:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
The permittee must receive the approval of the Sea Bright Police Department.
(2) 
Upon completion of construction work, the permittee shall notify, in writing, the Borough Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
(3) 
The permittee shall provide police officers and related equipment (i.e., signs, cones, etc.) for traffic control and direction of traffic at the street excavation site during the course of the excavation. The permittee shall pay all costs associated with the use of any private duty police personnel, if they are required during the course of the excavation, and any work performed in connection therewith and during cleanup operations. The Borough Council may relax or modify the requirements of this section in its discretion, upon application by the permittee.
B. 
Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Chief of Police or his designee will designate detours. The Borough shall maintain roadway surfaces of existing roadways designated as detours without expense to the permittee, but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Borough Engineer. The permittee shall be responsible for any damage caused to any roadways by the operation of its equipment.
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable barriers to confine to a minimum the encroachment of earth from trenches or other excavations upon highways. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers, steel sheet and blocking of adequate size to accommodate vehicular traffic safety. Decking, if timber, shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing on both sides.
The permittee shall not interfere with any existing utility without the written consent of the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the Borough shall be moved to accommodate the permittee unless the cost of such work shall be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work in accordance with the applicable statutory provisions. In case any said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or owner, and the expense of such repairs shall be borne by the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility, and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
The permittee shall, at all times and at his or its own expense, preserve and protect from injury any adjoining property, providing property foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter private property for the purpose of taking appropriate protective measures, the permittee shall obtain permission from the owner of such private property for such purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate Borough department or Borough official having control of such property.
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times. This requirement may be waived by the Department of Public Works if found unnecessary or unreasonable because of the nature of the excavation or conditions affecting the same.
A. 
The permittee shall erect and maintain, approaching and throughout the side of the excavation work, such signs, lights, barricades and other protective devices as are required. In the absence of specific written direction by the Police Department, all signs shall be provided as required by the Manual on Uniform Traffic Control Devices section concerning construction signing, as published by the United States Department of Commerce.
B. 
Should the Borough Police Department at any time determine that the permittee has failed to provide all required signs and protective devices in accordance with the directions of the Police Department and/or the requirements of the previously mentioned Manual on Uniform Traffic Control Devices, the Borough may provide and erect or cause the provision and erection of such required signs, barricades and traffic control devices and the cost thereof may be deducted from the cash repair deposit provided by the applicant or may be billed directly to the applicant by the Borough. If such billing is made and not paid by the applicant within 15 working days after such billing, the amount may be deemed due and recoverable from the applicant's cash deposit or surety.
C. 
The Borough shall normally provide the applicant with twenty-four-hours' notice of its intention to provide any such required signs, barricades and traffic control devices and its intention to bill the applicant the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the provision and erection of such devices without notice.
D. 
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed and maintained upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights as approved by the Director of Public Works and/or the Borough Police Department, which shall be kept burning throughout the night during the existence of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public at twilight. Excavations of any traveled portion of the roadway shall be backfilled so as to allow vehicular traffic to proceed on the roadway unless otherwise directed by the Borough Engineer.
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and to be hazardous to their safety or health.
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Borough shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repairs shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Department of Public Works shall require said labor and materials to be furnished, and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
Property lines and limits or easement shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits.
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department of Public Works. From time to time as may be ordered by the Department of Public Works, and in any event, immediately after completion of said work, the permittee shall, at his or its own expense clean up and remove all refuse and unused materials of any land resulting from said work and upon failure to do so within 24 hours and after having been notified to do so by the Borough, said work may be done by the Borough and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the cash repair deposit and/or surety bond provided hereunder.
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Department of Public Works may direct. The permittee shall provide for environmental protection for streams and watercourses. The permittee shall not obstruct any drainage facility on any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, sticking or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or more in depth, the base pavement shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit removal of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line prior to removal. No pile driver or mechanical hammer may be used in breaking up pavement.
Tunnels under pavement shall not be permitted except by permission of the Department of Public Works. If permitted, tunnels shall be adequately supported by timbering and backfilling under the direction of the Borough Engineer.
A. 
Prior to excavation, all trench openings shall be neatly saw cut. Unless specifically allowed, in writing, by the Department of Public Works under unusual circumstances, no excavation work area shall remain open overnight. In the event that any excavation work area is permitted to remain open overnight, the permittee shall be responsible for taking appropriate steps to properly block off the excavation work area and give adequate warning to anyone approaching the same on foot or any vehicle of any type, including, but not limited to the use of lighting, reflective materials and barricades. All safety devices provided shall be inspected and approved prior to their installation by the Director of Public Works and/or Police Department.
B. 
Unless otherwise provided by the Department of Public Works, the contractor shall backfill all trenches at the end of each working day with suitable materials from the trench excavation or with granular borrow material. Rocks larger than six inches may not be included in backfill. If the Department of Public Works determines the existing material is unsuitable, select off-site granular material shall be provided. Backfill material shall be deposited in layers and mechanically compacted to a minimum 90% modified proctor density. The densities shall be based upon the latest Standard Test Methods for Moisture Density Relations of Soils and Soil Aggregate Mixtures using ten-pound Rammer and eighteen-inch Drop, ASTM Designation D-1557. In lieu of mechanical compaction in lifts, compaction by water-jetting or puddling may be used with written permission from the Department of Public Works. If the use of either of these methods is proposed, the contractor shall submit full details of the methods he intends to employ for approval. Consolidation will not be acceptable as a method to achieve the soil densities specified.
C. 
The backfilling, replacement of subbase and installation of base course shall be completed within 24 hours after commencement of work. Exceptions to the above time limits may be permitted by the Department of Public Works if it is impractical to complete the work within this time or safety dictates a shorter completion period.
A. 
Restoration procedure.
(1) 
Once the excavation work area has been properly saw cut and the backfill tamped and compacted, the permittee shall install no less than six inches of bituminous stabilized base course to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of bituminous stabilized base course in the entire area.
(2) 
The partially restored pavement shall be allowed to settle for no less than 90 and no more than 180 days. If at any time during the settlement period the trench becomes unacceptable as determined by the Director of Public Works, the permittee shall be notified of the condition requiring repair and such repair shall be performed within 24 hours of such notification by the Director of Public Works. If the repair is not made in the time specified, the Borough may make the repair and any cost thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the period of time of settlement required by the Department of Public Works, an inspection shall be performed by the Department.
(3) 
At this time, the permittee shall be required to mill the excavation work area surface as specified in Subsection A(4) below and install no less than two inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot poured, rubber asphalt joint sealer (per Section 908 of DOT Standard Specifications for Roads and Bridges).
(4) 
Unless authorized by the Department of Public Works, all excavations shall require milling and restoration of the excavation work are extending from the curb to the center line of the road or a minimum of one foot beyond the outer edges of the excavation, whichever is greater. If the excavation work area will be within 200 feet or more of a previous excavation made within one year (by the same permittee along the same side of the road), the permittee shall be required to mill and restore between the outermost excavation from the center line of the roadway to the curb.
(5) 
The permittee shall be required to replace any facilities, including but not limited to curb, pavement sidewalk, line striping, etc. that are affected by the excavation and restoration work, at the permittee's expense. Such work shall be performed according to Borough standards.
(6) 
With Department of Public Works approval, the center line of road milling and restoration may be offset by the distance necessary to avoid disturbing the existing line striping or markers.
B. 
Maintenance procedures.
(1) 
When final pavement restoration is approved, as required in Subsection A above, the Department of Public Works shall notify the Borough Clerk, in writing, that the cash repair deposit or performance guaranty posted by the permittee at the onset of the project may be released, subject to the retainage requested hereinbelow. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to repair any adjacent structures, including, but not limited to curb, pavement and sidewalk, that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough Clerk shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year maintenance period.
(2) 
If an inspection reveals that the restored excavation work area has become unacceptable, the Department of Public Works shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair the trench within this time, the Department of Public Works shall notify the Borough Clerk, and he shall allow the Borough to utilize the permittee's cash retainage and maintenance bond to pay for the cost of repairing the excavation work area. If the restoration costs exceed the maintenance bond, the permittee shall be liable for said additional costs.
(3) 
Upon the termination of the two year maintenance period, any remaining portion of said maintenance bond that has not been expended shall be returned to the permittee without interest.
C. 
The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of two inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. If, in the judgment of the Borough Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions or any other reason, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made.
D. 
Acceptance or approval of any excavation work by the Department of Public Works or the Borough Engineer shall not prevent the Borough from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The presence of a representative of the Department of Public Works or the Borough Engineer during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
A. 
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit or shall fail to adhere to other requirements of this article, the Borough shall have the right to do all work necessary to restore the street, to eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost in addition, for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply, in payment of the amount due it, any funds of the permittee deposited as herein provided; and the Borough shall also enforce its rights under any surety bond provided pursuant to this article. The Borough will normally give the permittee twenty-four-hours' notice of its intent to act, under the terms of this subsection, to eliminate violations of this article or to restore the surface, except that in the case of immediate danger to public health or safety, certified to by the appropriate officials, no such notice will be provided.
B. 
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for one year after restoring it to its original condition.
Except by special permission from the Borough Engineer, no trench shall be excavated more than 150 feet in advance of pipe laying or left unfilled more than 150 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place during that single working day. Trenches shall be braced and sheathed according to general accepted safety standards for construction work and/or as prescribed by the Borough Engineer. Except with the written permission of the Borough Engineer, no timber bracing, lagging or sheathing or other lumber shall be left in any trench.
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event, not later than the date specified in the excavation permit therefor.
If traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Department of Public Works shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day, to the end that such excavation work may be completed as soon as possible.
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks or bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the owner or operator of such sewer, main, conduit or utility without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such owner or operator shall apply for an excavation permit not later than the end of the next succeeding day during which the Borough Clerk's Office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Each permittee shall conduct and carry out the excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris, and during the hours stated in § 146-7G of this Code shall not use, except with the express written permission of the Department of Public Works, or in case of any emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Dust shall be controlled by means of maintaining the work area in a clean condition, cleaning and/or sweeping pavement areas and applying calcium chloride.
The permittee shall not disturb any survey monuments, hubs or pipes found on the line of excavation work until and unless ordered to do so by the Borough Engineer.
A. 
Forty-eight hours prior to the commencement of the work, the permittee shall notify the Department of Public Works and request that an inspector be present to supervise the excavation and restoration. The permittee shall also notify all utility companies within such time as they prescribe according to their rules and regulations, prior to commencement of any work, in order to obtain appropriate utility underground location information. No pavement surface restoration shall be performed until the backfill operation is complete and approved by the Department of Public Works.
B. 
The Department of Public Works shall make any and all inspections as are reasonably necessary in the enforcement of this article.
Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Two copies of as-built drawings shall be filed with the Borough Engineer within 60 days after new installations, changes or replacements are made.
The provisions of this article shall not be applicable to any excavation work by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work, for and in behalf of the Borough, necessitating openings of excavations in streets.
A. 
A permittee, prior to the commencement of excavation work hereunder, shall furnish to the Borough Clerk satisfactory certificates of insurance indicating that the permittee has in force and will maintain in force, during the performance of the excavation work and the period of the excavation permit, public liability insurance of not less than $300,000 for any one person and $1,000,000 for any one accident, and property damage insurance of not less than $500,000, duly issued by an insurance company authorized to do business in this state. The Borough shall be named as an additional insured on the permittee's insurance policy. In cases where the character or nature of the proposed excavation work are such as to present an unusual hazard or a higher than normal risk of damage or injury, the Borough Council may require the provision of increased amounts of liability and property damage insurance. Any permits, which occasion such increased hazard or liability, shall be referred, by the Borough Clerk, for the consideration of the Council prior to the issuance of a permit.
B. 
By the making of an application for a permit, the permittee agrees to indemnify and save harmless the Borough of Sea Bright and its officers, agents and servants from and against any loss, injury or damage (including the costs of providing a defense) resulting from any negligence or the fault of the permittee in the case of work covered by the permit. The permittee shall also indemnify and save harmless the Borough of Sea Bright (including the costs of providing a defense) against any damage done to other utilities as the result of a road opening.
This article shall not be construed as imposing upon the Borough or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the Borough or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
For the violation of the provisions herein contained, the Borough Clerk may revoke the permit, and the excavation or opening and pavements may be restored by the Borough of Sea Bright at the expense of the permittee. In addition, any person, firm or corporation found guilty in the Municipal Court of Sea Bright of a violation in terms of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
A. 
If requested by the Department of Public Works, the permittees shall establish an engineering inspection escrow account with the Borough Chief Financial Officer. The account shall be for 5% of the estimated cost of the project or $500, whichever is greater. The escrow shall be used by the Borough to reimburse engineering fees associated with the permittee's project.
B. 
In the event that charges deplete the escrow account by more than 50% of the original submission, the permittee shall be notified and requested to submit additional escrow sums in sufficient amount to restore the escrow account to not less than 75% of the original escrow deposit.
[Amended 3-1-2016 by Ord. No. 6-2016; 4-19-2016 by Ord. No. 9-2016]
No permit shall be issued by the Borough Clerk of the Borough of Sea Bright which would allow an excavation or opening of a paved or improved street surface less than five years old unless:
A. 
The applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or that an emergency condition exists; or
B. 
The excavation or opening is for the purpose of providing utility services; 1) to a new residential or commercial structure constructed on a vacant lot; 2) after the complete demolition of an existing structure; or 3) after the reconstruction of a storm-damaged structure. In such cases, restoration shall be accomplished utilizing infrared technology, as approved by the Borough Engineer.
If by special permission of the Borough Clerk 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 that the work is of an emergency nature. The penalty charge shall be equal to the sum of $300 for the first two years and $150 for years three through five.
Within 30 days after the first day of January each and every year, such person shall file with the Engineer a corrected map or set of maps showing such installations, including all those made during the previous year, to and including the last day of such year. However, such person may at his own option elect to provide corrected atlas sheets throughout the year as they are available rather than proceed as noted above.
Each map herein shall be accompanied by an affidavit endorsed thereon to the effect that the same correctly exhibits the details required to be shown by this article.