[Adopted 11-9-1992 by Ord. No. 1992:640]
[Amended 12-13-2017 by Ord. No. 2017:1234]
The purpose of this article is to establish
regulations and fees for the opening and excavation of municipal streets
within the Borough of Closter.
The following terms shall, for the purposes
of this article, have the meanings herein indicated:
An unforeseen circumstance or occurrence, the existence of
which presents an actual or potential clear and immediate danger to
person or property, including, without limitation, a gas leak, a water
main break, a sanitary sewer line break, or any similar situation
which might result in harm to the public’s health, safety, or
welfare or damage to public or private property.
[Added 12-13-2017 by Ord.
No. 2017:1234]
An opening, tearing up or excavating, for any purpose, of
a borough road of 100 feet or more of roadway length or where connecting
lateral openings are made at average intervals of less than 100 feet
along the roadway length or an opening which disturbs 20% or more
of the curb-to-curb width of the pavement area.
Any person, corporation, public utility or other entity on
whose behalf a street opening is performed by a permittee.
Any person, firm or corporation granted a permit hereunder.
Public Service Electric and Gas Company, Rockland Electric,
Hackensack Water Company, or any other gas, electric, water, cable,
telephone, fiber optic, wireless or other provider or successor entity
having either the power of eminent domain or that is subject to the
regulations of the Board of Public Utilities of the State of New Jersey
or similar governmental body.
[Amended 12-13-2017 by Ord. No. 2017:1234]
Any opening, tearing up or excavating, for any purpose, of
a borough road which is not an extensive opening, and generally not
larger than 48 inches by 48 inches or 16 square feet in size.
Any street, road or other public way dedicated to and accepted
by the Borough of Closter, and shall include all of the area thereof
lying within the bounds of the curbing or, in the absence of curbing,
the dedicated right-of-way.
A.
Permit required.
(1)
No person, persons or corporations, municipal or private,
nor any utility company, public or private, shall for any purpose
open, tear up, excavate, bore, tunnel or drive under or in any way
impair the surface or subsurface within the paved or unpaved limits
of any street in the Borough of Closter without first obtaining a
road opening permit from the Building Department.
[Amended 12-13-2017 by Ord. No. 2017:1234; 7-24-2019 by Ord. No. 2019:1261]
(2)
Only such persons, firms or corporations to whom or
to which permits have been granted shall be permitted to perform such
work and then only in the manner herein required and only as specifically
allowed in the permit. Assignment of rights under any permit issued
hereunder is prohibited; the permittee is always responsible for performance
under this article.
B.
Nothing contained in this section shall be construed
as requiring the issuance of a permit for the performance of any work
done by or for the Borough of Closter (whether directly or under a
contract with the Borough) for the construction of waterlines, sewer
lines or street improvements or involving openings or excavations
in Borough roads, streets, sidewalks, curbs, parks, utilities, facilities,
or any portion thereof owned, maintained or controlled as part of
the Borough’s infrastructure.
[Amended 12-13-2017 by Ord. No. 2017:1234]
C.
No permit applicant shall begin work until he or she
receives the authorization number from the Underground Location Service
and the appropriate utility. The applicant must comply with the requirements
of N.J.S.A. 2C:17-4 and 2C:17-5, which provide, among other things,
that said applicant shall give to any person or corporation engaged
in the distribution or transmission of manufactured, mixed or natural
gas or synthetic natural gas, liquefied natural gas or propane gas
in the area of the proposed excavation written notice of the proposed
excavations and ascertain from such person or corporation the location
of all such gaslines or pipelines within 200 feet of the proposed
excavation.
D.
Nonopening of road. No street, road or paved area constructed, reconstructed or repaved within three years of the time that the road is sealed can be excavated, built or patched except in the case of emergency, or except in the case of newly installed utility lines that have been approved pursuant to the procedures outlined in Chapter 173 of the Code.[1]
[Amended 10-24-2007 by Ord. No. 2007:994; 12-13-2017 by Ord. No. 2017:1234]
A.
Form.
(1)
Application for a permit shall be made in writing on forms to be prescribed by the Superintendent of the Department of Public Works and issued by the Building Department and shall be filed at least seven business days prior to the commencement of any work. The application shall specify the name and address of the applicant; the specific location of the proposed excavation and the width, length and depth thereof; the type of road or other surface; and the individual(s), firm or corporation for whose benefit the excavation is to be made, and shall be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided, together with the charges as hereinafter set forth. The applicant shall acknowledge its responsibility to restore and repair the street, curb, sidewalk, and other areas and rights-of-way as set forth in Chapter 171, including §§ 171-36 and 171-38 herein.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(3)
Standard details used by public utilities and accepted
and approved by the Superintendent of the Department of Public Works
or the Borough Engineer may be used to satisfy the requirements of
A(2)(b) and (c) preceding.
(4)
No work may commence by the permittee until the date
set forth in the issued permit.
B.
Emergency road opening.
(1)
In the event that an emergency condition exists requiring
immediate action by any person, firm or corporation required to obtain
a permit pursuant to this section, the person may immediately cause
the roadway to be entered and emergency measures taken without first
obtaining a permit, provided that:
(a)
The person(s) doing the work notifies the Closter
Police Department and the Superintendent of the Department of Public
Works prior to the start of work; the Police Department shall log
the emergency.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(b)
A permit is applied for within 24 hours of the
road opening or on the next business day, whichever is later.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(c)
All work is to be performed in accordance with the provisions of §§ 171-35, 171-36, 171-37 and 171-38.[1]
[1]
Editor's Note: Former Subsection B(1)(d), regarding notification
of the Borough Engineer, as amended 12-13-2017 by Ord. No. 2017:1234, which immediately
followed this subsection, was repealed 7-24-2019 by Ord. No. 2019:1261.
(2)
The borough reserves the right to issue a written
stop-work order where the same is deemed appropriate by the Superintendent
of the Department of Public Works or the Borough Engineer.
C.
Review of the application of small openings. Prior
to the issuance of a permit, copies of the application therefor shall
be referred to the Borough Superintendent of the Department of Public
Works or the Borough Engineer who shall, within five working days,
note any objections to the issuance of a permit or any conditions
which shall be satisfied prior to or be imposed as conditions upon
the issuance of the permit, as appropriate.
D.
Applicant. The applicant must be a licensed contractor
or agent of a public utility, whether corporate, individual or partnership,
who will be actually engaged in the performance of the work to ensure
the safety of the public and that the work is done in accordance with
borough specifications The application shall be made for and on the
behalf of the owner for whom such work is being done and shall be
countersigned by such owner. Permits will not be issued directly to
private owners or developers without specific written approval of
the Mayor and Council.
E.
Agreement. The owner shall agree, as a condition of
the issuance of a permit, that any facilities, pipes or poles or other
object(s) to be installed within the borough right-of-way pursuant
to the permit shall be promptly relocated at the owner's expense,
except where otherwise provided by law, as required by the Borough
of Closter, to accommodate the installation of borough facilities.
Such agreement shall be in writing and contained on the face of the
application form and permit.
F.
Review of application for extensive openings. All
extensive openings shall first be reviewed and approved by the Superintendent
of the Department of Public Works, and within 10 days shall subsequently
be reviewed and approved by the Borough Engineer prior to the issuance
of a permit.
[Amended 7-24-2019 by Ord. No. 2019:1261]
G.
Issuance. Street opening permits shall be issued through the Building Department once reviewed and approved by the Superintendent of the Department of Public Works, Borough Engineer and Police Department as provided for herein; provided, however, that no permit shall be issued until an application fee and an engineering fee, as described in § 171-40 of this article, have been paid to the Borough through the Building Department.
[Amended 12-13-2017 by Ord. No. 2017:1234; 7-24-2019 by Ord. No. 2019:1261]
H.
No road opening shall be conducted between November 15 and March
15 unless an emergency exists. In the event an emergency exists and
a permit is issued during this period, the applicant assumes all responsibility
for the safe maintenance of said opening and further assumes all liability
for damages resulting from or any way connected to the project.
[Added 12-13-2017 by Ord.
No. 2017:1234; amended 7-24-2019 by Ord. No. 2019:1261]
I.
The use of steel plates on Borough roadways between November 15 and
March 15 is prohibited.
[Added 12-13-2017 by Ord.
No. 2017:1234]
J.
No opening is to be made on a Saturday, Sunday or holiday, except
in the case of an emergency.
[Added 12-13-2017 by Ord.
No. 2017:1234]
A.
Generally. The current New Jersey State Department
of Transportation Standard Specifications for Road and Bridge Construction,
with all amendments and supplements, shall govern all of the work
performed under the Borough of Closter road opening permits, except
as supplemented below.
[Amended 7-23-2008 by Ord. No. 2008-1014]
(1)
No Borough road shall be closed to traffic without
prior written consent of the Police Department. In the event that
a road is closed, uniformed police may be required to act as traffic
directors, and the proper traffic control devices shall be erected
and maintained in accordance with standards described in the current
edition of the Manual on Uniform Traffic Control Devices. All costs
of providing uniformed police shall be the responsibility of the permittee
or the owners. The Borough will bill the permittee for such services
at the prevailing rate specified annually by the Borough. In the event
that a detour is deemed necessary by the permittee, application shall
be made to the Chief of Police, who shall determine the necessity
for such detour and the route to be followed. In emergency situations,
notification by phone to the Police Department shall be done prior
to the start of work.
(2)
Any work under an issued permit must be commenced
within 30 calendar days from the date of issue and completed 45 days
from commencement or said permit shall be deemed void and reapplication
shall be required. The Superintendent of the Department of Public
Works or the Borough Engineer may grant a single forty-five-day completion
extension past the original permit expiration date.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(3)
Work commenced under a permit shall be continued expediently
during normal working hours until completed.
(4)
The applicant shall notify the Police Department and
the Superintendent of the Department of Public Works or the Borough
Engineer by fax or email at least 48 hours in advance of the actual
commencement of digging.
[Amended 12-13-2017 by Ord. No. 2017:1234; 7-24-2019 by Ord. No. 2019:1261]
B.
Guard. The applicant shall keep the work site properly
protected both day and night and shall have lights, barriers and adequate
safety devices as described in the Manual on Uniform Traffic Control
Devices placed thereat and maintained throughout the performance of
the work and shall interfere as little as possible with the traffic
along the street or road within the Borough, and only that part of
any such street or road as is set forth in the permit shall be opened.
[Amended 7-24-2019 by Ord. No. 2019:1261]
C.
Cover and protection. All utilities shall be constructed
with adequate depth of cover protection for the utilities in the event
that future borough road construction, repair or modification necessitates
excavation, undercutting or installation of facilities in the area
where the utility is located. This location will in no way relieve
the utility owner of the responsibility of relocating said utility
at said utility owner's expense in case of conflict with future construction,
reconstruction or modification of related facilities, except as otherwise
specified herein.
D.
Protection of existing structures. It shall be the
responsibility of the permittee to give other notice of the proposed
street opening to any person, firm or corporation whose pipe, conduits
or other structures are laid in the portion of the street to be opened.
Said notice shall be given to all utilities by calling the Garden
State Underground Plant Location service or its successor entity at
telephone number 1-800-272-1000 or such other number established by
said entity 48 hours before commencement of said opening or as provided
by law, and the permittee shall restore the same, at his or her own
expense, to the condition it was in prior to commencement of the work.
[Amended 12-13-2017 by Ord. No. 2017:1234]
E.
All excavations shall be completely backfilled at
the end of each working day unless it would constitute a hardship
to the permittee or where the size of the excavation makes it impossible
to backfill at the end of each working day, in which event a waiver
may be granted by the Superintendent of Public Works or the Borough
Engineer. In the event that a waiver is granted, the contractor or
owner shall cover the excavation with heavy one-inch-thick steel plates
secured to existing pavement to prevent rattles and movement and erect
appropriate barriers and lights around the entire excavation and arrange
to provide appropriate security protection, if such security is necessary,
at his or her own cost, and such other safeguards as may be needed
to protect the public from an open excavation. If steel plates are
placed for over a weekend or for an extended period, all edges are
to be macadam-sealed and sloped. In no event shall an excavation be
left open for more than 72 hours unless an emergency exists and permission
has been secured from the Chief of Police, the Superintendent of the
Department of Public Works and the Borough Engineer or their designated
representatives.
[Amended 12-13-2017 by Ord. No. 2017:1234]
A.
The permittee agrees to immediately restore and replace, at its own cost and expense, the street, curb, gutter, bike path, sidewalk, catch basins, manholes, pavement markings, signs, conduits, installations, fixtures and all other disturbed areas so as to restore said areas to the same or better state and conditions as existed before work commenced, and compliant with the Borough’s standards; provided, however, that nothing herein shall modify the permittee’s obligation to adhere to all other standards for street opening and excavation as are set forth in the specifications contained in § 171-38 herein. Without limiting the foregoing, the permittee shall be liable for any damage to the roadway leading to or adjacent to the work site.
B.
The permittee
shall, on a continuing basis, maintain all streets and other property
affected by the construction in a clean condition free from all rubbish,
earth, rock and other debris. Upon completion of all work under the
permit, the permittee shall again clean the affected property and
remove all debris and unused material. In the event that the permittee
fails to act as provided herein, the Borough, upon 24 hours' notice
to the permittee, may clean and remove all rubbish, excess earth,
rock, debris and unused material and charge the permittee the cost
thereof. If the permittee fails to reimburse the Borough for the costs
incurred, said costs shall be deducted from the permittee's deposit
held by the Building Department.
The Superintendent of Public Works or the Borough
Engineer shall periodically inspect all road openings and the repair
and resurfacing thereof for the purpose of determining compliance
with the conditions imposed on the issuance of the permit and the
specifications. The borough may, upon the recommendation of either
of them:
A.
Order a temporary stop to any road opening.
B.
Order that the applicant perform or correct work in
accordance with the directions of the borough.
C.
Order a stop to any work and revoke the permit, in
which event the Borough of Closter shall complete the work or cause
it to be completed, and either declare the applicant's deposit forfeited
or notify the applicant's surety of an intent to file claim on the
bond, or both, to the extent necessary to complete the work.
D.
Authorize the correction of any work after notification
to the permittee and after the neglect or the refusal of the permittee
to make such corrections within 24 hours and, after the completion
of the same, either declare the permittee's deposit forfeited or notify
the permittee's surety of an intent to file a claim on the bond, or
both, to the extent necessary to make the necessary corrections.
E.
Take any other action deemed reasonable under the
circumstance to protect the borough's interests.
A.
Small road openings may be permanently paved after
a sixy-to-ninety-day normal settlement period or as directed sooner
or later than that period by the Borough Engineer or the Superintendent
of the Department of Public Works.
[Amended 12-13-2017 by Ord. No. 2017:1234]
B.
No extensive road opening shall be permanently paved
until a final inspection has been made by the Borough Engineer or
the Superintendent of the Department of Public Works and final approval
given.
C.
For all openings:
(1)
The existing pavement must be saw-cut or blade-cut
vertically in a straight line to the full depth of the pavement before
excavation begins.
(2)
The material excavated from the trench opening shall not be utilized as backfill and shall be removed from the site. The applicant shall backfill the trench with bank-run sand and/or dense graded aggregate compacted in lifts in accordance with Subsection C(6) herein. Excavated materials must be removed from the work site within two calendar days after the day of excavation or within 24 hours at the direction of the Superintendent of the Department of Public Works or the Borough Engineer.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(3)
All trench backfill of dense graded aggregate or bank-run
sand shall be furnished from outside sources and approved by the Superintendent
of the Department of Public Works or the Borough Engineer.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(4)
The uncompleted length of road opening (not having
a surface course of stabilized base at the end of the workday) allowed
under a permit at any one time shall not exceed 25 linear feet unless
a special need can be established by the permittee and approval to
exceed this limitation is secured from the Superintendent of the Department
of Public Works or the Borough Engineer. Such special need shall be
noted, in writing, on the permit application to the Superintendent
of the Department of Public Works or the Borough Engineer before such
permission is granted, except in unusual cases and/or emergencies.
In that event, such special needs shall be documented, in writing,
after approval is granted. The unstabilized length of trench shall
be plated with one-inch-thick steel plates in accordance with § 173-35E.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(5)
Where existing manholes are located in the road, a
minimum of two inches of compacted hot mix asphalt surface course
(to be approved by the Borough Engineer) and six inches of compacted
hot mix asphalt base course shall be placed four feet on both sides
of the manhole casting over eight inches of compacted quarry processed
stone compacted in two four-inch lifts. The width of the hot mix asphalt
shall vary to the dimensions of the existing road.
[Amended 7-23-2008 by Ord. No. 2008:1014; 12-13-2017 by Ord. No. 2017:1234; 7-24-2019 by Ord. No. 2019:1261]
(6)
All backfill shall be placed in four-inch to six-inch
layers, with each layer thoroughly compacted by mechanical means to
the satisfaction of the Superintendent of the Department of Public
Works or the Borough Engineer. The Superintendent or the Borough Engineer
shall have the right to require a compaction test to be performed
by an independent laboratory at the expense of the permittee.
[Amended 7-23-2008 by Ord. No. 2008:1014; 12-13-2017 by Ord. No. 2017:1234]
(7)
After proper compaction, the entire area of the opening
shall be paved with the temporary pavement, maintaining a smooth transition
with the adjoining paved areas.
D.
Asphalt pavement openings.
(1)
For openings in asphalt-surfaced pavements or penetration macadam pavements, backfill material shall be deposited and compacted as described in Subsection C(6) preceding to a level similar to the bottom of the adjoining subbase course, but not less than 12 inches below the surface level of the adjacent paved surfaces.
[Amended 7-23-2008 by Ord. No. 2008:1014; 12-13-2017 by Ord. No. 2017:1234]
(a)
For street openings the subbase course shall
be quarry-processed stone of not less than six inches compacted thickness
constructed in two compacted lifts.
(b)
The base course shall be hot mix asphalt base
course (as approved by the Borough Engineer) not less than six inches
compacted thickness constructed in two compacted lifts.
(c)
The pavement surface shall be placed and compacted
flush with the finished surface of the existing pavement and shall
be maintained at this level by the permittee by the addition of hot
mix asphalt surface course (to be approved by the Borough Engineer)
until final settlement has occurred.
(d)
After a sixty- to ninety-day normal settlement
period or as directed sooner or later than that period by the Borough
Engineer or the Superintendent of the Department of Public Works,
a final pavement surface course will be applied wherever necessary
to maintain a flush and level surface.
(e)
The final pavement surface course shall be hot
mix asphalt surface course (as approved by the Borough Engineer),
with all joints between the existing pavement and the bituminous concrete
surface course coated with a tack coat.
(f)
The contractor/developer shall infrared the
perimeter of the trench so as to reseal the pavement and blend the
new trench pavement with the existing road pavement. Specifications
for the infrared process are available from the Borough's Department
of Public Works.
(g)
In the case of an emergency, during the winter months, if hot mix
asphalt base course material or surface course material is not available,
cold mix asphalt may be substituted with the approval of the Superintendent
of the Department of Public Works or the Borough Engineer and the
requirement that this material is removed and replaced with hot mix
asphalt base material and hot mix asphalt surface material when these
materials become available or as directed by the Superintendent of
the Department of Public Works or the Borough Engineer.
[Amended 7-24-2019 by Ord. No. 2019:1261]
E.
Concrete pavement surface openings. For all openings
in concrete surfaces, the trench backfill shall be compacted in six-inch
layers to a level eight inches below the top of the adjacent paved
surface. An eight-inch compacted depth constructed in two compacted
lifts of hot mix asphalt base course shall then be placed and compacted
level with the existing pavement and shall be maintained by the permittee
to a pavement level by adding additional asphalt material until final
settlement has occurred. After final settlement has occurred, the
temporary asphalt pavement shall be removed and the opening excavated
to a depth of 10 inches, and a pavement of Class b concrete 10 inches
in depth shall be constructed level with the existing pavement surface.
A layer of heavy six-by-six No. 6 gauge wire mesh reinforcing shall
be placed in the opening at a point for eight inches below the finished
elevation.
[Amended 7-23-2008 by Ord. No. 2008:1014; 12-13-2017 by Ord. No. 2017:1234]
F.
Nonpaved area. All grass or graveled areas or sidewalk
areas disturbed within the borough right-of-way shall be reconstructed,
topsoiled, seeded and mulched within 14 days of completion of excavation.
All concrete areas will be thoroughly compacted. These limits may
be waived by the Superintendent of the Department of Public Works
or the Borough Engineer only when abnormal temperatures or inclement
weather necessitates the same.
G.
All work shall be guaranteed for a period of at least
36 months from its completion and acceptance by the Superintendent
of the Department of Public Works or the Borough Engineer.
[Amended 7-23-2008 by Ord. No. 2008:1014; 12-13-2017 by Ord. No. 2017:1234]
A.
Insurance. The applicant shall present evidence satisfactory
to the Borough Attorney of insurance sufficient to indemnify and save
harmless the borough, it agents and servants against and from all
suits and costs of every kind and from all personal injury or property
damage resulting from negligence or from any phase of operations performed
under the permit. Said insurance shall provide limits of not less
than $1,000,000 of single limit or, in the case of a public utility,
may be in the form of a certificate of self-insurance. Where there
is an extensive opening, the Superintendent of the Department of Public
Works or the Borough Engineer may request additional insurance if
it is deemed necessary under the circumstances.
B.
Security.
(1)
The Building Department shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Closter or led a bond with the surety satisfactory to the Borough Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in § 171-40 of this article.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(2)
In lieu of the security deposit required above, a public utility applicant may file with the Building Department a corporate performance bond in the amount of at least $20,000. This corporate performance bond must be an annual one and must be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in § 171-40 exceeds said $20,000, the public utility applicant shall file a corporate performance bond in an amount equal to the difference between the $20,000 and the required security deposit. For all non-public-utility applicants, the surety bond shall be a minimum of $1,000. A certified check for a lesser amount may be deposited; however, that must be in the amount provided by § 171-40 for the work to be performed.
[Amended 7-23-2008 by Ord. No. 2008:1014; 12-13-2017 by Ord. No. 2017:1234]
(3)
Upon satisfactory completion of all work permitted
or required under the permit for extensive openings, if the security
deposit is $2,000 or less, the Borough of Closter will retain 100%
of the security deposit as security for maintenance of said work for
a period not to exceed three years from the date of completion, provided
that if the security deposit is in the form of a certified check,
the permittee may deposit a surety bond of $2,000 satisfactory to
the Borough Attorney in lieu of said certified check. If the security
deposit is greater than $2,000, then the Borough will release or refund
60% or more of the same with the approval of the Superintendent of
the Department of Public Works or the Borough Engineer, except that
it shall retain a minimum of $2,000, and the surety bond will be deposited
for the maintenance as set forth above. All bonds and certificates
of insurance shall contain a provision that the same shall remain
in full force and effect for a period of two years after the last
work under any permit has been completed and accepted by the Borough.
[Amended 7-23-2008 by Ord. No. 2008:1014; 7-24-2019 by Ord. No. 2019:1261]
(4)
In the case of a small opening, the Borough shall
retain the security deposit for 36 months after satisfactory completion
of all work permitted or required under the permit, provided that
if the security deposit is in the form of a certified check, the permittee
may deposit a security bond in lieu of said check.
[Amended 7-23-2008 by Ord. No. 2008:1014; 7-24-2019 by Ord. No. 2019:1261]
C.
Application fee and escrow deposit.
(1)
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check a nonrefundable application fee as set forth in § 171-40 of this article. Applicants other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in § 171-40 of this article. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said fund shall be subject to increase on demand of the Building Department.
[Amended 12-13-2017 by Ord. No. 2017:1234]
(2)
The borough shall pay from the escrow deposit fee
any costs incurred by its designated representatives or professional
consultants for inspection or other engineering services or legal
fees required in connection with the proposed opening or excavation
at the rate established.
[Amended 1-3-1994 by Ord. No. 1993:663]
Fees shall be as set forth in Chapter A301, Fees and Deposits.
A.
An escrow deposit fee for engineering and legal costs
will be required of all non-public-utility applicants.
B.
For all work proposed on each application that exceeds the quantities delineated in Chapter A301, Fees and Deposits, a work schedule shall be submitted to and approved by the Superintendent of the Department of Public Works or the Borough Engineer, who shall estimate the total escrow fee required based thereon. If, at any time during the course of the work, it appears evident to the Superintendent of the Department of Public Works or the Borough Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent of the Department of Public Works or the Borough Engineer and paid to the Borough’s Building Department, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
[Amended 12-13-2017 by Ord. No. 2017:1234]
C.
Actual payment from the escrow deposit fee fund shall
be based upon the professional fees as fixed from time to time by
the Council by resolution, but which shall be not less than the following
rates:
[Amended 12-13-2017 by Ord. No. 2017:1234]
[Amended 12-13-2017 by Ord. No. 2017:1234]
Upon the completion of any such work, the Superintendent
of the Department of Public Works or the Borough Engineer shall file
a report, which report shall contain the date of completion, the amount
of deposit, the cost to the Borough for resurfacing the area so excavated
or opened, if the same shall have been necessary, and the balance,
if any, due to the applicant. Upon receipt of the report by the Building
Department, the balance due, if any, to the applicant on account of
any deposit shall be forthwith returned.
[Amended 1-3-1994 by Ord. No. 1993:663; 12-13-2017 by Ord. No. 2017:1234]
Any person, company, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction of such violation, be subject for each offense to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code. In case of failure to restore payments or roads or streets as hereinabove provided, after written notice by the Building Department to do so, each day that such pavement, roads or streets remain unrestored shall constitute a separate offense.
