[Adopted 4-3-1972 (Ch. 100, Art. II, of the 1982 Code)]
It shall be unlawful for any person, partnership, association or corporation to cut, break into, excavate or open any road, street, avenue or highway in the Borough of Swedesboro or any portion of the right-of-way without first making written application to the Borough Clerk, stating the kind, character and purpose of the proposed excavation or opening and such other information which may be reasonably required to fulfill the requirements of this article. The application shall be accompanied by three copies of a scaled plan showing its location and size, to be distributed as follows: one copy to the Borough Engineer, one copy to the Superintendent of Streets and the final copy to accompany the filed permit. The applicant shall obtain a permit for each and every opening from the Clerk. Permits shall be issued subject to the terms hereof by the Clerk upon the approval of the application by the Borough Engineer, which approval shall be given if the application and plans conform to the requirements of this article and provide for the work to be performed in accordance with the current New Jersey State Highway Department Standard Specifications For Road and Bridge Construction and the payment of the fees as set forth in Chapter 140, Fees.
Upon such notice to the Superintendent and under his inspection,
the contractor securing the permit hereunder shall immediately after
completing the work necessitating the excavating or opening refill
with material suitable to the Superintendent of Streets, properly
tamp and restore the excavation or opening with a temporary cover
as follows: earth and gravel roads, with gravel not less than eight
inches thick; all other roads and walks, with two inches of patch,
type RR or FABC No. 1 or No. 2. The applicant shall maintain the area
of excavation free from potholes and depressions until the final surface
has been applied and approved. Thereafter, but not before 60 days
from the completion of the temporary cover, the Borough or a contractor
approved by the Superintendent of Streets shall make final and permanent
repairs.
After final and permanent repairs are completed and if the final and permanent repairs are completed by the Borough, the Borough's costs of the same, as determined in accordance with the schedule contained in § 285-15 hereof, shall be charged against the deposit. The Borough Clerk shall deduct the amount of such costs from the deposit, credit the same to the general revenues of the Borough and hold the balance as hereinafter provided for. If at the end of the period of six months from the completion and approval of the temporary cover no defects in the contractor's work appear, the balance of the deposit, if any, shall be paid to or in accordance with the instructions of the person, partnership, association or corporation in whose name the permit was issued. If during such six-month period any settlement occurs in the excavation or openings, the Superintendent of Streets shall notify the contractor by ordinary mail, addressed to the location given on the application permit, to correct the condition within 10 working days of the notice and complete a new temporary cover, after which final and permanent repair shall again be made as hereinabove provided for. If the second final and permanent repairs are completed by the Borough, the Borough's costs of the same, as determined in accordance with the schedule contained in § 285-15 hereof, shall be charged as provided, and the balance of the deposit, if any, shall be paid to or in accordance with the instructions of the person, partnership, association or corporation in whose name the permit was issued. In the event the contractor shall fail to correct the conditions as required herein, the Borough may do so, and all funds on deposit shall, without further notice, be credited to the general revenues of the Borough to defray the costs of the work required to be performed by the Borough.
Unless written permission is obtained from the Borough Clerk,
no permit holder shall be allowed permission to cut, break into, excavate
or open a road, street, avenue or highway for a greater distance than
300 feet at one time or keep the same open for a longer period than
one week. For all the period during which such road, street, avenue
or highway is being cut, broken into, excavated or opened by the permit
holder, there shall be provided by the permit holder a space of street
level of at least 10 feet in width for the purpose of allowing vehicles
free and unimpeded use of the same. In no event shall a permit be
valid for a period of time in excess of 60 days after its issuance
without the written approval of the Borough Clerk.
All cuts, breaks, excavations or openings shall conform in size
to the application on which the permit is based and shall be performed
in neat, even and rectangular sections. All excavations to a depth
of six feet or over, and such other excavations as may be required
by the Superintendent of Streets, shall be shored and braced to support
the walls of the trench for the protection of workmen and to prevent
the unintentional widening of the trench.
All permit holders shall, whenever any cut, excavation or opening
would be dangerous if left exposed, erect a suitable barricade or
railing around the same in such manner as to prevent danger to pedestrians
or vehicles and place upon such fence or railing and upon any building
materials and appliances suitable and sufficient warning lights during
the period of darkness.
All permit holders shall keep the area of their work clear of
dirt and debris at all times and shall carry away and dispose of excess
dirt, debris and other material resulting from their work.
All moneys received hereunder by the Borough Clerk shall be
accounted for and deposited with the Borough Treasurer.
In case of any emergency involving any underground gas, water,
sewer, telephone or electric facility where immediate repair is imperative
to prevent loss or damage to streets or property or discontinuance
of service, it shall not be necessary to obtain a permit before commencing
such repair, but such permits shall be obtained within two days thereafter,
and this section shall not be held or taken in any case to exempt
the person, partnership, association or corporation repairing said
facility from any other of the provisions of this article.
The terms of this article shall not apply to a street in any
subdivision approved by the Borough of Swedesboro Planning Board prior
to the Borough accepting said street for maintenance.
[Amended 2-15-1982]
Any person, partnership, association or corporation opening
or attempting to open any of the streets or public highways of the
Borough without first securing a permit or violating any of the provisions
of this article shall be subject to a fine not exceeding $500 or to
imprisonment in the county jail not exceeding 90 days, or both.
