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[Adopted 10-24-1961 by Ord. No. 969]
[Amended 10-23-2007 by Ord. No. 2007-27; 2-26-2008 by Ord. No. 2008-05]
It shall be unlawful for any person, partnership, association or corporation to cut, break into, excavate or open any of the roads, streets, avenues or highways of the Borough of Haddonfield or any portion of the right-of-way thereof, without first making written application to the Borough Clerk stating the kind, by a plan showing the location of such work and the scope of the work to be performed including dimensions and specifications, and obtaining from said Clerk a permit for each and every opening. The permit shall be issued subject to the terms hereof by said Clerk upon the payment of a fee and deposit in accordance with the following schedule:
A. 
The fee charged for each and every permit and the inspection services in connection therewith shall be $250.
B. 
An additional deposit is to be made with the Clerk on account of each and every street opening based upon a schedule of $10 per square foot of street opening or $1,000, whichever is the larger, said deposit to be in escrow with the Borough of Haddonfield for a period of six months after completion of the restoration of the street surface. In lieu of said additional deposit, a company regularly doing work in the Borough of Haddonfield requiring street openings may file with the Borough Clerk its indemnifying bond securing the Borough of Haddonfield in the sum of not less than $5,000. Said bond shall be conditioned upon the proper restoration of the surfaces of the public right-of-way opened in connection with the work of said company to be in accordance with specifications hereinafter set forth. In default of proper restoration, the Borough of Haddonfield may perform or have performed any and all work, including the supplying of materials, necessary to restore the surface of the right-of-way in accordance herewith and deduct the entire cost thereof from the above-mentioned deposit, or in the case of a company filing its indemnifying bond, said Borough may enforce the bond to secure repayment of the said costs. All bonds filed with the Clerk under the provisions hereof shall be in a form approved by the Solicitor of the Borough of Haddonfield.
[Added 9-22-2015 by Ord. No. 2015-11]
A. 
Whenever the Borough undertakes any action to provide for the paving or repaving of any street, the Borough Clerk shall promptly mail a written notice thereof to each person or entity owning sewers, mains, conduits or other utilities in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that street opening permits or openings, cuts or excavations and permits for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the street opening permit may be completed no later than 45 days from the date of the governing body's action, whether same be by resolution, ordinance or motion. The Borough Clerk shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information.
B. 
Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install all repair sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts, or excavations in said streets, shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Borough, an emergency, as described in Subsection D of this section, exists which makes it absolutely essential that the street opening permit be issued.
C. 
Every Borough department or official charged with responsibility for any work which may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity for making any openings, cuts, or excavations in the new pavement in said Borough street during said five-year period.
D. 
Newly paved streets. No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period of five years after the completion of said construction, reconstruction or overlay, except in the event of an emergency or hardship as described below. The five-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter.
(1) 
Emergency opening.
(a) 
In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, the entity shall apply for an emergency street opening permit and the permit request shall be received by the Borough Engineer in consultation with the Commissioner of Public Works, Parks and Property (hereafter Commissioner of Public Works). The Commissioner of Public Works shall determine whether an emergency does truly exist. If an emergency exists, the street opening permit shall be issued, provided that the permit applicant restores the street/roadway as provided hereinbelow under Subsection D(4), Roadway restoration.
(b) 
In the event the Commissioner of Public Works determines that no emergency exists, then in such event no emergency opening permit shall be issued. If the entity opened a street or roadway absent having a street opening permit, the entity applicant is required to restore the street as described herein under Subsection D(4), Roadway restoration; and must pay the Borough $1,000 as liquidated damages for each street opening. The entity applicant is deemed to have accepted this liquidated damages obligation upon applying for the emergency street opening permit.
(2) 
Hardship condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to the above, the Commissioner of Public Works may grant relief if all of the following conditions are met:
(a) 
A letter addressed to the Borough, c/o Borough Clerk, is received detailing the hardship and necessity of opening the street in lieu of waiting the prescribed period of time. The letter must contain the following:
[1] 
Identification of the property by street address and block and lot.
[2] 
Statement of reason for the hardship.
[3] 
Type and size of the utility opening.
(b) 
The Commissioner of Public Works shall determine whether a hardship does truly exist. If a hardship exists, the street opening permit shall be issued, provided that the permit applicant restores the street/roadway as provided hereinbelow under Subsection D(4), Roadway restoration.
(c) 
A request which includes the extension of a utility main shall not be considered and will be automatically denied.
(d) 
A request based solely on economic savings shall not be considered and will be automatically denied.
(3) 
Appeal. In the event the applicant's request for an emergency street opening permit or hardship condition street opening permit is denied in whole or part by the Commissioner of Public Works, the applicant may seek a review of the Commissioner of Public Works' decision by the Haddonfield Borough Commissioners by sending a letter review request to the Borough Commissioners within 10 days of the Commissioner of Public Works' decision providing to the Haddonfield Borough Commissioners the reasons, materials, affidavits, etc., the applicant relies upon to seek an emergency street opening permit. The Borough Commissioners will take up the Borough Commissioners' review and render the Borough Commissioners' decision at the action meeting next following receipt of the applicant's letter review request. The applicant may appear at that action meeting and provide additional oral and/or written materials in support of the applicant's position. The Commissioner of Public Works may also submit at the action meeting the Commissioner of Public Works' reasons for his/her decision.
(4) 
Roadway restoration. In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the Borough during the previous five years, a full-width restoration will be required. The restoration will consist of six inches of dense graded aggregate base course and six inches of hot mix asphalt base course, Mix I-2, brought to existing grade, within the excavated area. A full-width, curb-to-curb milling, two inches in depth extending 20 feet beyond the limit of excavations, will be performed after proper settlement in the trench area. The allowable time for the settlement shall be 45 days unless otherwise directed by the Borough Engineer. The final surface course shall be two inches of hot mix asphalt surface course, Mix I-5.
[Amended 10-23-2007 by Ord. No. 2007-27]
The holder of any permit issued pursuant to the terms hereof shall, within the times herein limited, refill, tamp and restore paved areas in accordance with the following specifications:
A. 
All openings shall be completed with six inches of dense graded aggregate (DGA), four inches of hot mix asphalt base course, Mix I-2, and two inches of hot mix asphalt surface course, Mix I-5. Details of the required repair method for both single openings and multiple openings are attached at the end of this chapter. For any roadway encountered with an existing concrete roadway beneath the asphalt surface, the roadway shall be reconstructed similar to existing with a minimum eight inches of reinforced concrete base, drilled and doweled into the existing concrete base/roadway, and two inches of hot mix asphalt surface course, Mix I-5.
[Amended 9-22-2015 by Ord. No. 2015-11]
B. 
Backfill material shall be clean sand or gravel and shall not contain any foreign or organic matter, such as roots, plants, broken concrete, asphalt, etc. Backfill shall be placed in a maximum of twelve-inch lifts.
[Amended 9-22-2015 by Ord. No. 2015-11]
C. 
Multiple road openings occurring within 50 feet of one another within a five-year period shall be restored as a single opening. Pavement between the openings shall be milled or removed and replaced as one trench as noted in the details attached at the end of this chapter.
[Amended 9-22-2015 by Ord. No. 2015-11]
D. 
All openings shall be inspected by the Borough. The applicant shall notify the Public Works Superintendent a minimum of 24 hours prior to final restoration to schedule the inspection. Failure to schedule the final inspection will result in a fine of $500 and removal of all paving materials and reinstallation at the applicant’s cost. Upon acceptance of the restoration, the Borough shall issue a dated acceptance letter to the applicant. The applicant shall be responsible for all future restoration of the opening for a period of five years from the date of the acceptance letter.
[Amended 9-22-2015 by Ord. No. 2015-11]
E. 
Final restoration shall occur 30 days to 45 days from the initial opening. Extensions of time are subject to the discretion of the Commissioner of Public Works and must be submitted in writing to the Public Works Superintendent. Failure to complete the restoration within the prescribed time period will result in the forfeiture of the performance bond posted by the applicant.
[Amended 9-22-2015 by Ord. No. 2015-11]
F. 
All openings shall be inspected by the Borough. The applicant shall notify the Public Works Superintendent a minimum of 24 hours prior to final restoration to schedule the inspection. Failure to schedule the final inspection will result in a fine of $500 and removal of all paving materials and reinstallation at the applicant's cost. Upon acceptance of the restoration, the Borough shall issue a dated acceptance letter to the applicant. The applicant shall be responsible for all future restoration of the opening for a period of five years from the date of the acceptance letter.
G. 
Final restoration shall occur 30 days to 45 days from the initial opening. Extensions of time are subject to the discretion of the Borough and must be submitted in writing. Failure to complete the restoration within the prescribed time period will result in the forfeiture of the performance bond posted by the applicant.
Unless written permission is obtained from the Administrator of the Borough of Haddonfield, no permit holder shall be allowed permission to cut, break into, excavate or open a road, street, avenue or highway in the Borough of Haddonfield for a distance greater than 300 feet at one time or keep any excavation open for a period longer than three days. For the entire period during which such road, street, avenue or highway is being cut, broken into, excavated, or opened by the permit holder, there shall be provided by the permit holder a space at street level of at least 10 feet in width for the purpose of allowing vehicles free and unimpeded use of the same.
All permit holders shall, whenever any cut, excavation or opening would be dangerous if left exposed, erect a suitable barricade or railing around the same in such manner as to prevent danger to pedestrians or vehicles and place upon such barricade or railing and upon any building materials, appliances or fill dirt suitable and sufficient warning lights during periods of darkness.
All permit holders shall keep the area of their work clear of dirt and debris at all times and shall carry away and dispose of all excess dirt, debris or other material resulting from their work.
In the case of any emergency involving any underground gas, water, sewer, telephone or electric facility where immediate repair is imperative to prevent loss or damage to streets or property or discontinuance of service, it shall not be necessary to obtain a permit before commencing such repair, but such permit shall be obtained within two days thereafter, and this section shall not be held or taken in any case to exempt the person, partnership, association or corporation repairing said facility from any other of the provisions of this article.
All monies received hereunder by the Borough Clerk shall be accounted for and deposited with the Borough Treasurer. Inspections of restoration work as directed by the Department of Public Works of the Borough of Haddonfield shall be made by the Superintendent of Streets of said Borough, and deposits made pursuant to the provisions hereof shall be returned by the Clerk only after receipt of a release of said funds signed by the Superintendent of Streets.
Any person, partnership, association or corporation opening or attempting to open any of the streets or public highways of the Borough of Haddonfield without first securing the permit hereinabove required, or violating any of the provisions of this article, shall be punished as provided in Chapter 1, General Provisions, § 1-14.