[Adopted 6-17-1968 by Ord. No. 68-3 as
Ch. 68, Art. II, of the 1968 Code]
No person shall place or maintain any encroachment,
obstruction or encumbrance in, over or upon any street, avenue, highway,
road or lane of the Borough of Berlin; nor shall any such person use
or attempt to use, for any private purpose, any part of any street,
avenue, highway, road or lane unless such person shall have applied
for and received the permit herein authorized.
No person shall hereafter disturb the surface
of or make any opening or excavation of any kind in any street, avenue,
road or public highway under the jurisdiction of the Borough of Berlin
without first having obtained the permit herein authorized from the
Borough Clerk.
[Amended 10-7-1983 by Ord. No. 83-26]
A.
Applications for permits shall be presented to the
Borough Clerk in writing, setting forth the portion of the street,
avenue, highway, road or lane to be used, encumbered or obstructed
as aforesaid and the purpose or use to which the same shall be put
and the period of time during which it shall be maintained, the size
of the excavation, the date when the excavation is to be made and
the probable time required and the nature of the pavement or surface
to be broken, which application shall also set forth the name of the
person requiring the same and shall be accompanied by a sketch showing
the details thereof.
B.
At the time any such application shall be made, there
shall be paid to the Borough Clerk a fee of $50, of which $10 shall
be the fee for the issuance of such permit and $40 for fee for inspection
of backfilled openings. Said fee shall be paid to the Borough Clerk
either in cash or by certified check drawn to the order of the Borough
of Berlin.
Any person having occasion to make a number
of excavations or openings in the streets, roads or highways of the
Borough of Berlin may execute and file a bond in the penal sum of
$1,000 in favor of the Borough of Berlin and in such form as shall
be satisfactory to the Mayor and Borough Council of said Borough,
conditioned for the relaying and resurfacing of all such streets,
roads or public highways in a manner satisfactory to the Road Department
of the Borough of Berlin and in accordance with the provisions of
this article. Upon the filing and approval by the Mayor and Borough
Council of any such bond, the deposit referred to in the preceding
section shall not be required to accompany each application for a
permit, but the permit fee of $5 hereinabove fixed shall accompany
each such application and be paid as herein provided, except that
in the case of any person who maintains a permanent skilled and experienced
paving department regularly engaged in repaving work meeting the requirements
and inspection standards of the Road Department of the Borough of
Berlin and the Highway Department of the County of Camden, in the
State of New Jersey, that portion of the fee designated as an inspection
fee shall be waived.
After the making of any such opening or excavation,
the street or road pavement or surface shall be relaid by the applicant
therefor, under the supervision of the Road Department of the Borough
of Berlin; and upon completion of said work, the Road Department shall
make an inspection of the same and shall certify to the Borough Clerk
that the work has been completed in a satisfactory manner. The Clerk
shall then refund to the applicant the deposit paid at the time the
application for said opening or excavation was made. In the event
that the pavement or surface of the street, road or highway shall
not have been completed to the satisfaction of the Road Department
of the Borough of Berlin, the Road Department shall proceed to complete
said work and relay the pavement or surface in a manner satisfactory
to it; upon completion thereof, the Road Department shall certify
to the Borough Clerk the costs of so doing, and in that event the
Borough Clerk shall deduct from said deposit the costs so certified
and shall refund to the person making application for such permit
only the difference between the amount of the original deposit and
the costs incurred by the Road Department as aforesaid.
Any person violating any provision of this article
shall, upon conviction thereof before the Municipal Court of the Borough
of Berlin, be subject to a fine not exceeding $100 or imprisonment
in the county jail for a term not exceeding 30 days, or both, in the
discretion of the Judge before whom such person shall be convicted.
Each and every day that such violation shall continue shall be a further
and separate offense under the terms of this article, subject to the
penalties herein prescribed.
As used in this article, the following terms
shall have the meanings indicated:
As used herein, includes individuals, firms, partnerships,
corporations and unincorporated associations.
