[Adopted 4-3-1980 as Sec. 9-1 of the 1980 Code]
It shall be unlawful for any person or municipality to make any excavation in or tear up the surface of, any road or street in the Borough (for the maintenance of such the Borough is responsible) for any purpose whatsoever, without a written permit first had and obtained from the Borough as hereinafter provided.
[Amended by Ord. No. 84-10; 96-06]
Applications must be made in writing to the Borough Clerk. The application shall state the name and address of the applicant, purpose of the excavation, location of excavation, nature of road surface, times of commencement and completion of work and shall be accompanied by plans set forth in § 205-6 hereof.
Issuance of permits. All permits shall be issued by the Borough Clerk who shall establish an expiration date of no more than six months. Upon application of the permittee, the expiration date may be extended.
Contents of permits. Each permit shall state the identity and address of the applicant, the name of the street and the location where the opening is to be made, the dimensions of the opening and the period during which the permit shall be valid. A copy of each permit shall remain on file with the Clerk.
Fees. Fees must be paid when the application is made. The applicant shall be charged a processing and inspection fee for each permit issued for the installation or repair of a service connection to an existing utility. If the application is for any other purpose, the applicant shall be charged a fee plus the cost of the preparation of the engineer's estimate for the performance bond and the cost of inspection. The fees shall be as established in Chapter 127, Fees, Article I.
A deposit of cash or a municipal, corporation or surety company bond will be required for each opening, the amount to be determined by the Borough Engineer. The Borough Council may require and approve a permanent bond in lieu of the above, in its own discretion.
It shall be the duty of the permittee to properly guard any excavation or storage piles by the erection of suitable barriers by day and lights by night, or warning signs and watchmen, if deemed necessary by the Borough Engineer. The permittee shall be liable for any neglect to safeguard the traveling public. If the excavation extends the wall width of the road, only 1/2 of it shall be made at one time and shall be backfilled before the other half is excavated, so as not to interfere with traffic. In any other case there shall at all times be a travelway of at least 18 feet in width.
[Added 4-6-2004 by Ord. No. 2004-1]
Whenever the Borough Council enacts any ordinance or resolution providing for the paving, repaving or reconstruction of any road within the Borough, the Borough Clerk shall promptly mail a written notice thereof to each person or entity owning sewers, mains, conduits or other utilities, in or under said street, or any real property, whether improved or unimproved, abutting said street. The notice shall advise such persons or entities that no excavation permit will be issued for openings, cuts or excavations and permits for work to be done after such paving, repaving or reconstruction for a period of five years and shall further advise that an application for an excavation permit shall be submitted promptly in order that any necessary work to be completed in the affected street may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Borough Clerk shall also promptly mail copies of such notice to state agencies and departments or other persons who may desire to perform excavation work in said street.
Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions hereof, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event any utility company or other entity owning sewers, mains, conduits or other utilities or any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections in said street shall forfeit the right to complete such excavation work for a period of five years from the date of enactment of said ordinance or resolution. During the five-year period, no excavation permit shall be issued to open, cut or excavate said newly paved, repaved or reconstructed street unless, in the judgment of the Borough Engineer, an emergency, as set forth in § 205-5, exists which makes it absolutely essential that an excavation permit be issued.
Every Borough department or official charged with responsibility for any work that may necessitate any opening, cutting or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said Borough street during the five-year period following any paving, repaving or reconstruction.
[Amended 4-6-2004 by Ord. No. 2004-1]
The surface of any Borough road, and any pavement or flagging taken up by the permittee in its construction work, shall be restored by and at the expense of the permittee, to as good condition as it was in before the commencement of the work thereon, and shall be maintained, at the expense of the permittee, in said condition for two years after the completion of same, and no road shall be encumbered for a longer period than shall be necessary to execute the work. Notwithstanding any other provision of this chapter, when any Borough road which was paved, repaved or reconstructed within the five years preceding the disturbance is open, cut or excavated, the Borough Engineer may require the road be resurfaced and/or reconstructed up to the full width of the affected portion thereof, if, in the Borough Engineer's reasonable discretion, such resurfacing or reconstruction is reasonably required in order to restore the road to a condition equivalent in function, durability and smoothness of the surface to its condition immediately preceding the disturbance.
For any work done under this agreement the permittee shall submit blueprints or plans in duplicate to the Borough for approval, and if it is considered necessary or desirable, a joint general inspection may be directed by the Borough to be made by the Borough Engineer and the permittee. After the approval of the blueprint or plan, if, in the course of the proposed construction shown thereon any changes in deviations become necessary in the work, the permittee shall, before making such changes or deviations, obtain the approval of same by the Borough Engineer. Upon completion of the entire work permittee shall file plans showing in full detail all of the work after its completion.
A gas public utility, in lieu of filing such plans, shall upon request of the Borough or its agent furnish information as to the location, size and type of the gas fixtures at any specified location.
In addition to the general inspection, an inspector may be placed on the work by the Borough, if it is thought necessary and desirable, at the expense of the permittee and at the prevailing rate of wage paid by the Borough.
[Added 4-6-2004 by Ord. No. 2004-1]
Notwithstanding the foregoing, in the event of any emergency in which a sewer, main, conduit or utility in or under any street or road breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person or entity owning or controlling 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 person or entity owning or controlling such facility 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.
In connection with this work, it shall be unlawful for any person or municipality to place material of any description whatsoever, or vehicles or other equipment of any nature whatsoever, upon any road or street so as to interfere with the flow of water along the gutters or to interfere with traffic on such road or street without first having obtained a permit. The permit shall state the approximate quantity of material or the number of vehicles or equipment to be stored and the time of such storage, and the same shall be guarded as set forth in § 205-4.
The Borough Engineer is charged with the enforcement of all the provisions of these regulations and is the agent acting for the Borough of Chester of the County of Morris.
No excavation shall be opened for a distance of more than 200 feet at any one time. From November 1 to April 15 all excavations shall be properly backfilled and all equipment shall be removed from the public right-of-way at the end of each day's work and at such times as may be required for noninterference with snow removal.
The Borough Road Department is to be notified 24 hours in advance of the exact time of starting work on all excavations, and 24 hours in advance of the replacement of the temporary pavement with the permanent pavement.
All work performed and material furnished shall be in compliance with all rules, regulations and specifications of the Borough.