[Amended 12-20-2010 by Ord. No. 2010-18 (1090); 5-6-2013 by Ord. No. 2013-05 (1120); 9-19-2016 by Ord. No. 2016-04 (1148)]
A.
It shall be unlawful for any person, company, firm, corporation,
or other legal entity to perform any excavation work, dig up, excavate,
tunnel, undermine, or in any manner break up a 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 without first obtaining
a street opening permit from the Borough Clerk.
B.
In the event of any emergency in which a sewer, main, conduit or
utility in or under any street breaks, bursts or otherwise is in such
condition as to immediately endanger the property, life, health, or
safety of any individual, the person 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 to remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, such
person 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 office is open for business and shall not proceed with
permanent repairs without first obtaining an excavation permit hereunder.
C.
The Borough Clerk shall issue a street opening permit to any person,
company, firm, corporation or other legal entity who performs work
under contract to the Borough without fee. No fee shall be charged
to any of the utilities operated by the Borough.
A.
The application shall be in writing and contain the following information:
(1)
Name and address of the applicant.
(2)
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
(3)
The Borough Tax Map block and lot number of the property for the
benefit of which the opening is to be made.
(4)
Nature of the surface in which the opening is to be made.
(5)
Character and purpose of the work proposed.
(6)
Proof of insurance. Evidence of a comprehensive general liability
insurance policy naming the Borough as an additional insured.
(7)
Time frame when the work is to be commenced and completed.
(8)
Two complete sets of construction plans and details showing the extent
of the proposed excavation work and such other construction plans
as may be prescribed by the Public Works Department of the Borough
Engineer including complete plan, profile and details of any proposed
curb, sidewalk, pavement, drainage structure or other proposed improvement.
All work shall be in accordance with N.J.A.C. 5:21 et seq., Residential
Site Improvement Standards.
(9)
The name and address of the contractor and/or workman who is to perform
the work.
The type of material used for backfill and the method of backfilling
shall be specified by the Superintendent of Public Works or his/her
designee so as to ensure the restoration of a street or road to its
prior condition. For the purpose of establishing specifications for
said restoration, the specifications promulgated by the Department
of Transportation of the State of New Jersey shall serve as a guideline
for a street restoration, but the ultimate decision shall be made
with the consultation of the Borough Engineer and the Public Works
Superintendent. All excavations shall require dewatering equipment
to be present of site.
Street opening permit involving excavation and/or modification
to any pavement, curb, driveway apron, drainage structure or other
Borough improvements shall be accompanied with a performance guarantee
and inspection fee calculated by the Borough Engineer.
No permit shall be issued until the applicant has furnished
the Borough with satisfactory proof of insurance on which naming the
Borough of Lavallette as an additional insured, indemnifying and holding
harmless the Borough and its agencies, employees and agents against
injury to persons and damage to property caused by any act or omission
of the applicant, his agents, employees or subcontractors done in
the course of the work to be performed under the permit. The insurance
shall cover all hazards likely to arise in connection with the work,
including, but not limited to, collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $1,000,000 for injury to any one
person, $500,000 for property damage for a single incident. In cases
where the character or nature of the proposed excavation work are
such as to present an unusual hazard of a higher than normal risk
of damage or injury the Borough may require increased amounts of liability
and property damage insurance.
No street opening permit shall be issued by the Borough Clerk
to any person allowing an excavation or opening in a paved, reconstructed
or resurfaced street less than five years old unless an emergency
condition exists. This section may be appealed to the Mayor and Council
upon the recommendation of the Borough Engineer with his suggestions
as to how the road can be restored to the condition prior to the excavation.
This may include the utilization of infrared backfilling, if necessary.
It shall be the duty of every person or persons or corporation
engaged in digging down any street, in paving any street or section
of a street, building any sewer or drain, digging any trench for gas
pipes or water pipes or making any opening or excavation in any of
the public streets where such work, if left exposed, would be dangerous
to passengers, to erect a fence or railing at such excavation or work
in such a manner as to prevent danger to passengers who may be traveling
such streets and to continue and keep up the railing or fence until
the work shall be completed or the obstruction or danger removed;
and it shall also be the duty of such person or persons or corporation
to place upon such railing or fence, at twilight in the evening, suitable
and sufficient lights and keep them burning through the night during
the performance of such work under penalty as provided in the general
civil fine section for every neglect or violation of any to the provisions
of this section.
A.
No permit shall be issued by the Borough Clerk for any street opening
or excavation unless the person applying thereof shall post the Performance
Bond, as provided above, with the Borough Clerk as a guaranty that
the street will be promptly refilled, leveled, graded and restored
to its former condition prior to the excavation, to the satisfaction
of the Superintendent of Public Works. The performance guarantee may
be replaced by the posting of a cash deposit of $1,000 for the opening
of any road or $1,250 for the crossing of any road.
B.
The fee for a street opening permit shall be $100 for the opening
of an area of nine square feet or less. In the event the area to be
opened exceeds that size the amount of the fee shall be set by the
Borough Engineer.
