[1988 Code § 130-1]
As used in this Article, the following terms shall have the
meanings indicated:
Shall mean the party in interest for or by whom the excavation
is made, such as the water company for water pipes, sewer company
for sewer pipes, and the gas company for gas pipes.
[1988 Code § 130-2; Ord. No. 621-13]
a.
Permit Required. No person shall tear up, excavate, open or perform
work of any other nature on any street under the control of the Borough
without first having obtained and being in possession of a valid permit
to do such work issued by the Office of the Municipal Clerk.
b.
Fee. Fees must be paid when the application for a permit is made
in the amounts as hereinafter set forth. A non-refundable fee of $400
shall be charged for each permit and paid to the Borough prior to
the issuance of the permit for all excavations less than or equal
to 50 square feet. If said area to be opened, excavated, disturbed
or damaged exceeds 50 square feet, the additional area shall be classified
as excess footage and an additional fee shall be charged and payable
by the applicant for all footage in excess of 50 square feet at a
rate of $2.50 per square foot. In addition, the applicant shall be
charged a non-refundable fee for necessary Borough administration
and inspection services relating to restoration of the road opening
in the amount of $400 for the first 100 square feet and fifty ($0.50)
cents per square foot for each additional square foot above 100 square
feet.
c.
Expiration. Any permit issued pursuant to this section shall become
null and void unless work is commenced pursuant to the permit within
10 days of issuance of the permit and unless the applicant has sought
and received a written extension from the office of the Municipal
Clerk for commencement of the work.
d.
Recently Resurfaced or Repaved Streets. Unless otherwise required
by an emergency, the Municipal Clerk shall not issue a permit for
the opening or excavation of any street under the control of the Borough
where such street has been resurfaced or replaced within five years
prior to the date of application for the permit. Any such emergency
must be so certified by the Commissioner of Public Works, Parks and
Public Property.
e.
Other Necessary Permits or Licenses. In addition to obtaining a permit
from the Borough as outlined above, the applicant must likewise, where
required by law, obtain all necessary permits or licenses from the
public utilities whose lines, property or equipment may be affected
by the opening, excavation or construction.
f.
Notice of Commencement of Work. Subsequent to acquiring the necessary
permits, the applicant must give 48 hours notice to the office of
the Borough Engineer and Borough Clerk before commencement of any
street opening, excavation or construction.
[1988 Code § 130-3]
All applicants for a street opening, excavation or construction
shall prepare and file with the Construction Official an application
obtained from the Construction Code Official. The application shall
be accompanied by a plan or drawing describing the portion of the
street to be opened or excavated, indicating the dimensions of the
opening, the purpose for the opening and the expected duration of
the opening or excavation.
[1988 Code § 130-4]
The Board of Commissioners or the Borough Engineer may order
the measurement of any section and then demand, by registered mail
or direct service, an increased deposit to be made by the applicant
if the original permit is for a lesser area than that actually opened.
[1988 Code § 130-5]
a.
During the period of time that the street is under construction,
excavated or opened, it shall remain, wherever safely reasonable,
open to traffic, and the applicant shall assist the Borough in providing
for continuous vehicular access. In the event that detouring is necessary,
it shall be coordinated with and approved by the Public Works Supervisor.
b.
While under construction or excavation, the applicant shall be responsible
for providing barricades or other safety devices or warnings, as reasonably
required by the Borough Engineer, so as to inform motorists, bicyclists,
and pedestrians of any construction or excavation. The applicant shall
also promptly notify the Public Works Supervisor of any excavation
or construction site and provide the Public Works Supervisor with
the name, address and phone number where the applicant or his representative
may be reached.
c.
The contractor shall be responsible for maintaining safe working
conditions at the site of construction or excavation. The provisions
of the Construction Safety Code, as promulgated by the Commissioner
of Labor and Industry under the authority of the Construction Safety
Act, P. L. 1962, c. 45, (N.J.S.A. 34:5-166), shall be adhered to.
Excavated materials shall be placed three feet back from the edge
of the trench. Where conditions do not allow for the sloping of the
trench sides, the contractor shall brace and support the trench in
accordance with recognized practice.
[1988 Code § 130-6]
a.
The applicant shall be responsible for the immediate refilling of
any excavation or construction site and the restoring of any street
in accordance with the following specifications.
b.
In general, the excavation, refilling and restoration of any street
shall be in accordance with the New Jersey Department of Transportation,
Standard Specifications for Road and Bridge Construction, as amended,
hereinafter called NJDOT Standard Specifications, except as further
modified herein:
1.
Location of Existing Utilities. Prior to any excavation, the contractor
shall bear the responsibility of locating and marking, either by paint
on the pavement or placement of stakes in the ground, the location
of all water services, gas services, gas mains, water mains, sewer
mains, telephone and electric raceways or conduits and drains within
the area to be excavated. In addition, the contractor must comply
with P.L. 1994, c. 118, known as the Underground Facility Protection
Act. (N.J.S.A. 48:2-73)
2.
Pavement Cutting. Pavement shall be cut with pneumatic hammers or
mechanical pavement cutters, saws or other methods approved by the
Borough Engineer.
3.
Trench Excavation.
(a)
In general, the preferred method of installing any underground
utility shall be through the use of tunneling or hydraulic jacking,
whereby disturbance to the roadway pavement is minimized. Where this
is not feasible, the trench in which any utilities and/or appurtenances
are to be constructed shall be excavated by open cut from the surface,
except where otherwise stated in writing and, in all cases, in such
a manner and to such a depth and width as will give suitable room
for bracing, supporting, pumping and draining.
(b)
The maximum trench width at the top of the pipe shall be two
feet plus the outside diameter of the pipe. The contractor may, where
it will not interfere with the work or adjacent structures or property,
and only after receiving approval from the Borough Engineer, slope
the sides of the excavation beyond the width specified above. The
sides of the trench may only be sloped from a point starting two feet
above the top of the pipe.
4.
Depth of Utility. In general, the depth at which the utility is installed
shall be in accordance with the requirements of the applicable utility
company or code, but in no case shall it be less than 18 inches below
the finished surface of the roadway.
5.
Length of Trench to be Opened.
(a)
No more trench shall be excavated than can be properly backfilled
within the same day. In addition, if the trench area is going to be
open to traffic, the trench shall be paved by using the methodology
hereinafter specified for street restoration, by using a temporary
riding surface such as coal patch or steel plates or by some combination
of the above.
(b)
The length of trench to be opened or the area of the surface
to be disturbed or unrestored at any one time shall be limited by
the Borough Engineer with regard to expeditious construction and to
the convenience and comfort of the persons residing in the neighborhood
or frequenting the streets in question. New trenching will not be
permitted when earlier trenches need backfilling or labor is needed
to restore the surface of the streets to a safe and proper condition.
6.
Acceptance of Utility Company. Prior to final restoration of the
roadway, the applicable utility company shall certify that the installation
has been completed in accordance with their requirements, including
but not limited to floodproofing, joint sealing and corrosion protection,
where applicable. A copy of this acceptance is to be provided to the
Cape May Point Construction Official.
7.
Backfilling Trenches.
(a)
The trench or other excavation shall be carefully backfilled
with such excavated material. No rock or frozen earth shall be put
in the trench until the backfill has reached at least two feet above
the top of the utility. Backfill to a height of two feet above the
top of the utility pipe shall be made with earth which shall be free
from stones or rock fragments of a size larger than one inch in diameter.
Below this level, the backfill shall be placed in layers not more
than six inches thick and shall be compacted with approved flat-faced
tampers. All backfill more than two feet above the top of pipes shall
be compacted as follows:
(1)
By approved vibratory soil compactors, if the backfill material
is predominantly sand or sand and gravel but contains more than 12%
by weight of the material that will pass the two-hundred-mesh sieve.
(2)
By approved vibratory compactors or puddling if the materials
are predominantly sand or sand and gravel and contain not more than
twelve percent (12%), by weight of material that will pass the two-hundred-mesh
sieve.
(3)
By approved flat-faced mechanical tampers if the backfill material
is not predominantly sand or sand and gravel.
(4)
Backfill around inlets, manholes and other subsurface structures
shall be compacted by flat-faced mechanical tampers.
(b)
In paragraph b7(1) and (2) above, approved flat-faced mechanical
tampers may be substituted for the vibratory soil compactors where
the shoring and bracing of the trenches or other special conditions
make the use of vibrating compactors impractical. Where mechanical
tampers or vibrating soil compactors are used in accordance with the
foregoing provisions, the backfill shall be placed and compacted in
layers not more than six inches thick, loose measurements. Where trenches
are puddled in accordance with the foregoing provisions, the backfill
shall be placed in successive lifts, not more than four feet thick,
and each lift shall be thoroughly puddled before the next lift is
placed. The application of water shall be continuous until all puddling
of each lift is evidenced by a constant head without further addition
of water. If more than a six-inch depth of trench remains unfilled
after the final puddling, the remaining backfill shall be tamped or
vibrated as specified in subsection b7(1) and (2) above. The surface
of the trench backfill shall be rounded to allow for compression and
shall be finally compacted by a three-wheel ten-ton roller and have
a load of not less than 330 pounds per inch of width of rear wheels.
Rock in pieces weighing more than 50 pounds shall not be put in the
trench. All sheeting shall be withdrawn unless ordered left in place
by the Borough Engineer. As the trench is refilled, the sheeting and
timbering shall be removed in such a manner as to avoid the caving
of the trench. The vacancy left by the sheeting shall be carefully
refilled by ramming or as otherwise directed. All materials excavated,
if suitable, shall be used for backfilling trenches or other excavations
or deposited in embankment. None shall be wasted without permission
of the Borough Engineer. Surplus and waste materials shall be removed
from the site. Broken pavement, large rocks and all objectionable
material are to be kept segregated from the clean surplus material
and trucked to a separate disposal site from that of the clean material.
When a bulldozer or payloader is used in backfilling a trench, the
contractor shall station a man at the side of the trench to carefully
inspect and supervise the backfilling operation.
(c)
The method of backfilling and compaction shall be established
at the discretion of the Borough Engineer, depending upon the quality
of the backfill material encountered at the site, and is not necessarily
limited to the above described methods. Any changes required by the
Borough Engineer will not be more stringent than those methods outlined
herein.
8.
Care of Existing Structures. Care shall be taken not to move, without
the consent of the Borough Engineer, any sewers, drains, culverts,
poles, water or gas pipes, etc., or structures near them that may
be encountered during the construction. They shall be securely hung,
braced and supported in place by the contractor at his own expense.
All utility poles adjacent to the excavation shall be protected and
braced during construction. Whenever it is necessary to interfere
with the structures, the contractor shall maintain services at his
own expense and repair all damages. He shall leave them in as good
condition as he found them.
9.
Dewatering. The contractor shall furnish sufficient pumping equipment
and shall provide at his own expense satisfactory drainage whenever
needed in the trench and other excavation during the progress of the
work. All water pumped and bailed from the trench or other excavation
shall be conveyed in a proper manner to a suitable point of discharge.
The flow in all sewers, drains and watercourses encountered on the
work, in gutters along the side of or across the work, shall be entirely
provided, both temporarily and permanently, as required, by the contractor
and at his expense.
10.
Street Restoration.
(a)
The trench restoration in the street (except in county roads)
will consist of a six-inch gravel base course, two-inch bituminous
stabilized base course, Mix 1-2 and a FABC 1 Type Surface Course,
Mix 1-5, two-inches thick. The gravel base course and bituminous stabilized
base course shall be applied immediately upon completion of the purpose
for the opening.
(b)
The six-inch gravel base course shall be Soil Aggregate Type
2, Class A or B, conforming to the requirements specified respectively
thereof in Division 8, Section 8, of the NJDOT Standard Specifications.
(c)
The materials for the bituminous stabilized base course shall
conform to Division 3, Section 2A, Article 2, of the NJDOT Standard
Specifications.
(d)
The final surface course shall not be placed for at least 30
days after initial completion and placement of the stabilized base
course. The final surface course shall be completed no more than 60
days after initial compaction and placement of the stabilized base
course. During the interim period between placement of the bituminous
stabilized base course and the final surface course, the pavement
shall be brought up to finished grade by the placement of temporary
cold-patch material, which shall be completely removed prior to final
paving. Alternately, the contractor may place additional stabilized
base course material to bring the pavement to finished grade and then
remove said additional material by pavement milling prior to final
surfacing. In no case shall the total pavement thickness be less than
the minimums specified above.
(e)
The method of construction of the six-inch gravel base course,
the two-inch bituminous stabilized base course, Mix 1-2, and the two-inch
FABC-1 Surface Course, Mix 1-5, shall conform to the requirements
of Division 3 of the NJDOT Standard Specifications.
(f)
All work is to be inspected by the Borough Engineer. The contractor
shall notify the Borough Engineer 48 hours in advance of performing
any work under street restoration.
[1988 Code § 130-7; Ord. No. 608-12]
a.
Every application shall be accompanied by a performance bond in the
minimum amount of $5,000 or such greater amount as may be deemed necessary
by the Borough Engineer to be sufficient to satisfy the purpose set
forth in paragraph c below.
b.
A public utility or construction company, in lieu of giving a separate
bond for each project, may annually, once in January of each year,
post a bond in an amount sufficient to encompass the estimated work
performed by the company during the ensuing calendar year. In the
event that construction, excavation or road openings exceed the posted
bond amount, additional bonds and/or cash security will be required.
c.
The purpose of depositing the performance bond is to guarantee to
the Borough that any construction, excavation or road opening will
be performed and completed in an acceptable fashion consistent with
the provisions of this Article. In the event that the Borough Engineer
determines that the excavation, construction or restoration and refilling
has not been performed consistent with the requirements of this Article,
he shall be entitled, after reasonable notice to the applicant, to
correct such deficiencies, to take the performance bond, surety bond
or cash posted by the applicant and utilize them to correct any deficiencies,
and have the area restored to its proper condition.
[1988 Code § 130-8]
The applicant shall fill in and resurface any excavated section
and shall maintain the same in a condition similar to the surrounding
surface area for a minimum period of one year. During this one-year
period the performance bond shall remain in full force and effect.
Upon certification of the Borough Engineer, by inspection made thereof,
to the Board of Commissioners, the bond shall be cancelled by motion
of the Board of Commissioners. If such inspection does not show the
surface to have been substantially returned and maintained in its
original condition and level, the Borough shall use the bond proceeds
on notice of intent to do so by 10 days' registered mail or direct
service notice from the Borough Engineer. The Borough may use the
same for the proper leveling and surfacing of the section, returning
any balance of the deposit or charging the applicant for any excess
required to place the section in proper condition. If, during the
ten-day period, the applicant corrects the condition and notifies
the Borough Engineer, in writing, then the notice shall be conditioned
as a new application subject to reinspection and maintenance for one
year from date of correction notice.
[1988 Code § 130-9]
a.
Every application for construction, excavation or opening of a street
under the control of the Borough shall be accompanied by a certificate
of insurance demonstrating that the applicant possesses personal injury
liability insurance in the amount of $500,000 and property damage
liability insurance in the amount of $250,000. The insurance shall
be maintained by the applicant during the period of construction or
excavation and shall name the Borough of Cape May Point as an additional
insured.
b.
The applicant shall also agree, in writing, to indemnify and hold
harmless the Borough, its agents, servants and employees from any
damage or liability sustained by any person or property arising out
of the negligence of the applicant or his agents, servants and employees
during the course of any construction, excavation, restoration or
refilling of any road or street under the control of the Borough.
The agreement shall require the applicant, in the event that a claim
is made against the Borough, its agents, services and employees arising
out of the applicant's construction activities, to provide the
Borough with a legal defense and to pay any and all attorney's
fees or costs incurred by the Borough in connection with any claims,
suit or litigation.
[1988 Code § 130-10]
a.
No opening shall be made during the months of July and August. Work
shall be performed between the hours of 7:00 a.m. and 7:00 p.m. In
emergent situations, with a determination of an emergency being in
the sole discretion of the Public Works Supervisor, these requirements
may be waived under those terms and conditions to be set by the Public
Works Supervisor.
b.
When any work is done on a weekend by a contractor, the inspection
shall be done by the Borough Engineer and must be paid for by the
applicant at those rates to be set by the Borough.
c.
Emergency Permit. In the event of an emergency, a permit may be issued
by any member of the Borough Commission, as well as the Borough Construction
Code Official, and the deposit made on the next business day.
[1988 Code § 130-11]
A public utility shall not directly or indirectly charge to
or claim indemnity from any other party, such as its customers, for
the application, deposit and proper repair and maintenance of any
excavated area.
[1988 Code § 130-12]
Any person injured by an official action under this Article
may file an appeal with the Board of Commissioners within 10 days
from the date of the rendering, service or mailing of the appealed
ruling. Any notice may be by ordinary mail to the address set forth
in the application unless otherwise ordered hereunder. An appeal shall
specify the grounds for the same and the relief sought, and all records
of the Borough Engineer shall be deposited with the Board of Commissioners
not less than 10 days nor more than 20 days from the date of filing
the appeal. 10 days' notice shall be given by the Borough to
all parties in interest of the date of the hearing of the appeal.
[1988 Code § 130-13]
The vote of the majority of the Board of Commissioners shall
control its action under this Article.
[1988 Code § 130-14]
[Ord. No. 12-2018]
Mean the cost of processing an application for a Right-of-Way
Permit including, but not limited to, all professional fees such as
engineer and attorney costs to the Borough.
Shall mean a small box-like or rectangular structure used
to facilitate utility or wireless service from within the Municipal
Right-of-Way.
Shall mean the part of the electric system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
Shall mean a pole that is in lawful existence within the
Municipal Right-of-Way.
Shall mean a Cabinet that is not attached to an existing
pole and is touching the ground.
Shall mean the surface of, and the space above or below,
any public street, road, lace, public way or place, sidewalk, alley,
boulevard, parkway, drive, and the like, held by the Borough as an
easement or in fee simply ownership. This term also includes rights-of-way
held by the County of Cape May where the Borough's approval is
required for the use of same pursuant to N.J.S.A. 27:16-6.
Shall mean a long, slender, rounded piece of wood or metal.
Shall mean a device that is attached to a Pole and used to
transmit radio or microwave signals and shall include, but not be
limited to, small cell equipment and transmission media such as femtocells,
picocells, microcells, and outside distributed antenna systems.
Shall mean a Cabinet that is proposed to be placed on an
Existing or Proposed Pole.
Shall mean a Pole that is proposed to be placed in the Municipal
Right-of-Way.
Shall mean an agreement that sets forth the terms and conditions
for use of the Municipal Right-of-Way and includes, but is not limited
to, municipal franchise agreements.
Shall mean an approval from the Borough setting forth applicant's
compliance with the requirements of this Chapter.
Shall mean Existing Poles within the same right-of-way which
are located within 500 feet of the Proposed Pole.
Shall mean the Borough Commission of the Borough of Cape
May Point.
Shall mean companies subject to regulation by the New Jersey
Board of Public Utilities under Chapter 48 of the Revised Statutes.
Shall mean electric, telephone, or cable service.
[Ord. No. 12-2018]
[Ord. No. 12-2018]
a.
Notwithstanding any franchise or Right-of-Way Agreement to the contrary,
all facilities proposed to be placed within the Municipal Right-of-Way
by a Utility Regulated by the Board of Public Utilities and all other
entities lawfully within the Municipal Right-of-Way shall be subject
to the standards and procedures set forth in this Article and shall
require Right-of-Way Permits for the siting of Poles, Antennas and
Cabinets in the Municipal Right-of-Way.
[Ord. No. 12-2018]
a.
No Pole, Antenna or Cabinet shall be installed within the Municipal
Right-of-Way without the issuance of a Right-of-Way Permit.
b.
Pole Siting Standards.
1.
Height. No Pole shall be taller than 35 feet or 110% of the height
of Poles in the Surrounding Streetscape, whichever is higher.
2.
Distance from the curb line. No pole shall be farther than 18 inches
from the curb line.
3.
Location, Safety and Aesthetics. No Pole shall be erected in the
Right-of-Way unless it:
(a)
Is replacing an Existing Pole; or
(b)
Approved pursuant to a land development application by either
the Borough's Zoning Board of Adjustment or Planning Board pursuant
a land use application; or
(c)
Located on the opposite side of the street from the Electric
Distribution System; and
(d)
Is located within the Municipal Right-of-Way located in the
R-1 zone; and
(e)
Is 200 linear feet from any other Existing Pole or Proposed
Pole along the same side of the street; and
(f)
Is not located in an area with Underground Utilities; and
(g)
Does not inhibit any existing sight triangles; and
(h)
Allows adequate room for the public to pass and re-pass across
the Right-of-Way; and
(i)
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties.
4.
Poles are prohibited within the Municipal Right-of-Way located in
the Public Grounds zone.
c.
Ground Level Cabinet Site Standards.
1.
Ground Level Cabinets are prohibited in the Municipal Right-of-Way
located in the R-1 and Public Grounds zones.
d.
Pole Mounted Antenna and Pole Mounted Cabinet Siting Standards.
1.
Pole Mounted Antennas are permitted on Existing Poles, provided that
each Pole Mounted Antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
2.
Pole Mounted Cabinets are permitted on Existing Poles, provided that
each Pole Mounted Cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
3.
The Borough may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any Pole Mounted Antenna or Pole Mounted Cabinet.
[Ord. No. 12-2018]
a.
Pre-Application Meeting- Prior to making a formal application with
the Borough for use of the Municipal Right-of-Way, all applicants
are advised to meet with the Borough Engineer to review the scope
of applicant's proposal.
b.
The Borough Commissioners shall, by resolution, approve or disapprove
every Right-of-Way Permit application based on the recommendations
provided to it pursuant to paragraph e and f below.
c.
All applications made under this section shall be expedited so as
to comply with the shot clocks set forth in the Federal Communications
Commission Order titled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barriers to Infrastructure
Investment." WT Docket No. 17-79; WC Docket No. 17-84.
d.
Every application for a proposed pole made pursuant to this Chapter
must include a stamped survey prepared by a New Jersey licensed surveyor
demonstrating that any Proposed Pole is located within the Municipal
Right-of-Way. Any such application which does not include such a survey
shall immediately be deemed incomplete.
e.
Proposed Poles and Ground Level Cabinets.
1.
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review
applications for the placement of Proposed Poles and Ground Level
Cabinets within the Municipal Right-of-Way and advise the Borough
Commissioners of its recommendation to approve or disapprove same.
(a)
If the Planning Board recommends a denial of an application,
it shall set forth the factual basis for such a denial in writing.
f.
Pole Mounted Antenna and Pole Mounted Cabinets.
1.
The Borough Engineer shall review application to place Pole Mounted
Antenna and Pole Mounted Cabinets within the Municipal Right-of-Way
and advise the Borough Commission of his or her recommendation to
approve or disapprove same.
(a)
If the Borough Engineer recommends a denial of an application,
he or she shall set forth the factual basis for such a denial in writing.
g.
If the Borough Commission denies any application made under this
Section, it shall do so in writing and set forth the factual basis
therefor.
h.
Waiver. The Borough Commissioners may waive any siting standard set forth in Section 130-18 where the applicant demonstrates that strict enforcement of said standard:
1.
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
2.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
3.
Will violate any requirement set forth by the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by Removing Barriers to Infrastructure Investment."
WT Docket No. 17-79; WC Docket 17-84.
[Ord. No. 12-2018]
b.
Deposit Towards Anticipated Municipal Expenses.
1.
In addition to the Right-of-Way Permit Fee, the Borough Engineer
may, in his or her own discretion, require the posting of a two thousand
dollar ($2,000.00) deposit towards Anticipated Municipal Expenses
related to an application made pursuant to this chapter.
2.
Applicant's Deposit Towards Anticipated Municipal Expenses shall
be placed in an escrow account. If said deposit contains insufficient
funds to enable the Borough to perform its review, the Chief Financial
Officer of the Borough shall provide applicant a notice of insufficient
balance. In order for review to continue, the Applicant shall, within
10 days post a deposit to the account in an amount to be mutually
agreed upon.
3.
The Chief Financial Officer shall, upon request by the Applicant
after a final decision has been made by the Borough Commission regarding
his or her pending Right-of-Way Permit application, refund any unused
balance from applicant's deposit towards Anticipated Municipal
Expenses.
[Ord. No. 12-2018]
a.
Any approval received pursuant to this chapter does not relieve the
applicant from receiving consent from the owner of the land above
which an applicant's facility may be located as may be required
under New Jersey law.
b.
Applicant must, in addition to receiving a Right-of-Way Permit, also
receive all necessary road opening permits, construction permits and
any other requirement set forth in the Revised Ordinances of the Borough
of Cape May Point or state statutes.
c.
The Borough's consent for use of County Roads, as required pursuant
to N.J.S.A. 27:16-6, shall take the form of a Right-of-Way Permit
subject to the standards and application process set forth in this
chapter. No such applicant shall be required to enter into a Right-of-Way
Agreement with the Borough.
