[Adopted 2-7-1950 by Ord. No. 60; amended in its entirety 2-16-1965 by Ord. No. 148]
No person, firm or corporation shall dig up, under, over, upon or through any public place, avenue, street or highway of the Township of Boonton at any place, at any time or for any purpose whatever without first obtaining a permit so to do from the Township Committee of the Township of Boonton.
A. 
Any person, firm or corporation desiring to dig up, over, under, upon or through any public place, avenue, street or highway in the Township of Boonton shall file with the Township Committee a written application setting forth the exact location for which a permit shall be required, the width of such opening, the depth thereof and the length of time such opening is to be in effect. Such person, firm or corporation requiring a permit for the purpose herein set forth shall deposit with the Township Committee cash or certified check in such amount as may be required by the Township Committee of the Township of Boonton to insure, for a period of one year from the date a permit is granted, the repair and rehabilitation of such opening.
B. 
In the event that a public utility regulated and supervised by the State of New Jersey requires a permit for the purpose herein set forth, the Township Committee may require, in lieu of the cash deposit or certified check, a bond which will insure the work contemplated and its maintenance. Said bond may be posted for one particular application or in perpetuity, in the discretion of the Township Committee.
[Amended 9-11-2000 by Ord. No. 620; 6-7-2021 by Ord. No. 895]
The Township Committee of Boonton Township, may in its discretion, grant to such applicant a permit to dig up, under, over upon or through any public place, avenue, street, or highway of the Township of Boonton, subject to its supervision, or that of its duly authorized agents. Except in the event of an emergency, a permit shall not issue for the excavation or disturbance of any road surface which has been paved or repaved within the three-year period from December 31 of the calendar year of the foregoing the date of completion, preceding the application for permit.
A. 
Upon the completion of the work permitted hereunder by such applicant, the public place, avenue, street or highway shall be restored to its original condition and maintained for a period of one year from the date such permit is granted. In the event that such repair is maintained for said period, the Township Committee shall return to such applicant at the expiration thereof the deposit paid. Should such applicant refuse, fail or neglect to maintain said public place, avenue, street or highway, during said period, the Township Committee of the Township of Boonton may, during said period, repair such opening, charging the costs thereof to the deposit paid as herein provided. In the event that any balance of said deposit remains at the expiration of said one-year period, the same shall be paid to such applicant.
B. 
Should a bond be posted by the applicant as herein above provided, then, in that event, the Township may proceed on the bond for the costs incurred in repairing such opening.
[Amended 5-8-1989 by Ord. No. 405; 4-9-2007 by Ord. No. 739]
Any person, firm or corporation violating any of the provisions of this article shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.