No person shall remove, excavate, dig up or
in any way disturb the surface of any street for any purpose whatever
without first obtaining a written permit for so doing from the Borough.
Before a permit will be issued, an application
in writing must be filed with the Borough Clerk, specifying the location,
type and purpose of the work. The application will then be forwarded
by the Clerk to the Borough Engineer, who shall review the same and
issue a written report to the Borough Clerk containing his approval,
recommendations, etc.
[Amended 6-22-2004 by Ord. No. 04-16]
The permit shall specify the date of opening
and date of restoration of the street. Any excavation or opening in
a paved or improved portion of a street shall be repaired and the
surface relaid by the applicant, in compliance with the ordinances
of the Borough and under the supervision of the Borough Director of
Public Works within 30 days from the day that the roadway is opened.
A.
Fees. The applicant for a road opening permit shall
be required to render payment to the Borough Clerk of an application
fee in the amount of $250 and a permit fee in the amount of $250.
The application fee shall be for the purposes of administration and
review of the application by the Borough. The permit fee shall be
for the purposes of inspection of the street excavation and final
acceptance of the repair.
[Amended 6-22-2004 by Ord. No. 04-16]
B.
Performance guarantee.
(1)
No such permit shall be issued unless and until the
applicant therefor has filed with the Borough Clerk a performance
guarantee, in an amount equal to the estimate of the Borough Engineer,
to insure that the surface of such portion of the public way to be
excavated shall be restored to its original condition, within the
time set forth in the application for the permit.
(2)
Such performance guarantee may be in the form of a
performance bond, which shall be issued by a bonding or surety company
licensed to do business in the State of New Jersey and shall be submitted
to the Borough Attorney for his approval as to form, sufficiency and
execution. The bond shall remain in full force and effect until released
by resolution of the governing body, which release shall be given
upon satisfactory completion of the restoration of the surface, in
accordance with the terms as set forth in the application.
(3)
In lieu of a bond, the applicant may deposit a certified
check with the Borough Clerk, payable to the Borough in an amount
equal to the Borough Engineer's estimate. In the event the applicant
fails to restore the surface of that portion of the public way which
has been excavated, opened or tunneled to its original condition within
the time set forth in the application for the permit, the Borough
may use the proceeds of the check to pay the cost of such restoration,
and any amount in excess of said cost shall be returned to the applicant.
In the event the applicant does restore such surface to its original
condition within the time set forth in the application, then the Borough
shall return the full amount of the check to the applicant.
(4)
The applicant shall be required to fulfill all procedural
and substantive requirements contained in the Borough of Alpha application
for street opening.
Any applicant required to post a performance bond pursuant to § 346-9 may file a blanket performance bond in an amount to be fixed by and subject to the approval of the Borough Attorney and Borough Engineer.
Every excavation shall be properly guarded by
suitable barricades and warning signs during the day and by barricades
and lights at night. Traffic control measures shall be as specified
by the Borough Police Department and shall be in accordance with the
Manual on Uniform Traffic Control Devices, current edition.
A.
All persons, firms, or corporations granted a permit
to open or dig any of the streets of the Borough for any purpose whatever
shall restore the same in accordance with the standards established
by this chapter and by the Borough Engineer.
B.
Restoration standards.
(1)
Where feasible, the utility line shall be installed
by boring under the street. No part of a trench shall be tunneled
or undermined.
(2)
Excavations shall be refilled with soil aggregate,
Type I-5 (New Jersey Department of Transportation Specifications)
or other suitable material approved by the Borough Engineer.
(3)
Backfill must be compacted in six-inch lifts by mechanical
tampers or other means approved by the Engineer.
(4)
A one-foot cushion over the top of the pipe will be
permitted. However, this layer must be compacted after placement.
(5)
All openings shall be filled in each night or, if
approved by the Borough Engineer, covered with steel plates. No openings
shall remain open overnight.
C.
Proper and satisfactory restoration of an excavation
shall be subject to the approval of the Borough Director of Public
Works and in accordance with the specifications on file with the Clerk
prepared by the Borough Engineer. All backfilling and paving operations
must be inspected by the office of the Borough Engineer. Forty-eight
hours' notice must be given to the Borough Engineer for this purpose.
[Amended 6-22-2004 by Ord. No. 04-16]
Any person shall, as a condition of accepting
any permit issued hereunder, save, hold and keep harmless and indemnify
the Borough, its officers, agents, servants and employees from and
against any loss, damage, claim, demand or expense arising out of
any suit or claim for damages or injury alleged to have been sustained
as a result of any work done under such permit.
Notwithstanding the provisions of this chapter,
any person may open up any Borough road, street, or highway to repair
any utility, provided it is an emergency and any delay in obtaining
the required permit would result in endangering the health and general
welfare of the inhabitants of the Borough, upon the following conditions:
[Added 5-28-2013 by Ord. No. 13-09]
A.
Whenever
the Borough Council enacts any ordinance or resolution providing for
the reconstruction or resurfacing of any street, the Borough Engineer
shall promptly mail a written notice thereof to each person, firm
or corporation owning any sewer, main or conduit or other utility
in or under said street. Such notice shall inform such persons, firms
or corporations that no excavation permit shall be issued for openings,
cuts or excavations in said street for a period of five years after
the date of enactment of said ordinance or resolution, except as set
forth below. Such notice shall also inform such person, firm or corporation
that application for excavating permits for work to be done prior
to such paving or repaving shall be submitted promptly in order that
the work covered by the excavation permit shall be completed as soon
as possible and in no event later than the date specified in the permit
for the excavation work therefor.
B.
Emergency. During the five-year period, an excavation permit shall be issued to open, cut or excavate in said street if, in the judgment of the Borough Engineer, an emergency, as described in this article (See § 346-14.), exists which makes it absolutely essential that the excavation permit be issued.
C.
New
construction or restoration. During the five-year period, an excavation
permit shall be issued to open, cut or excavate in said street for
the purpose of providing utility or other service to a newly constructed
residence or other newly constructed structure adjacent to a newly
paved street or for the purpose of providing utility or other service
to a preexisting residence or structure which is being reconstructed
and for which the reconstruction encompasses 50% or more of the structure,
also adjacent to that street.
D.
Waiver.
During the five-year period, an excavation permit may be issued to
open, cut or excavate in said street for the purposes of providing
utility or other service to a preexisting residence or structure,
but only upon application to the Borough Council and for good cause
shown.
