The Manager, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established by resolution of the Township; provided, however, that the minimum deposit required shall not be less than $50. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the municipality for the cost of any work and/or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the municipality in carrying out the provisions of this chapter. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the municipality its corporate bond as provided in § 74-10B of this chapter.
The deposit may be either in the form of a certified, treasurer's
or cashier's check or in lawful money of the United States.
If any deposit is less than sufficient to pay all costs, the
permittee shall, upon demand, pay to the municipality an amount equal
to the deficiency. If the permittee fails or refuses to pay such deficiency,
the municipality may institute an action to recover the same in any
court of competent jurisdiction. Until such deficiency is paid in
full, no additional permits shall be issued to such permittee.
Whenever any public utility company shall anticipate applying
for permits for more than one street opening or excavation per calendar
year and does not elect to file a corporate bond as hereinbefore provided,
such public utility company may post one deposit in an amount and
form as hereinbefore provided for the calendar year or part thereof
to cover the cost of deposits which would otherwise be required for
the anticipated permits.
The municipality shall establish a schedule of charges for inspections,
labor, materials, and other such expenses as may be incurred by the
municipality in carrying out the provisions of this chapter. This
schedule shall be established by resolution of the municipality in
accordance with the reasonably anticipated costs to be incurred by
the municipality in making such inspections, including reasonable
administrative and overhead expenses, and in accordance with the currently
prevailing costs in the area for any labor and materials which may
be provided by the municipality. The municipality shall revise said
schedule from time to time to reflect any increase or decrease in
the costs used to establish said charges. The schedule shall be open
to public inspection in the office of the Manager upon request.
The decision of the Manager as to the cost of any work done
or repairs made by him or under his direction, pursuant to the provisions
of this chapter, shall be final and conclusive as to such cost.
Upon notification by the permittee that all work authorized
by the permit has been completed and after restoration of the opening,
the Manager shall refund to the permittee his deposit less all costs
incurred by the municipality in connection with said permit. In no
event shall the permit fee be refunded.
