Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 170.
Fees — See Ch. 204.
Sewers — See Ch. 306.
Subdivision of land — See Ch. 336.
Street vacations — See Ch. A450.
[Adopted 6-5-1925 by Ord. No. 24 (Ch. 51 of the 1970 Code); amended in its entirety 6-15-1978 by Ord. No. 417]

§ 331-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOROUGH CLERK
The Borough Clerk of the Borough of Oceanport or such other Borough official as the governing body may designate. He shall act as the administrative officer for this article and coordinate with the Borough Engineer and other Borough officials and entities, as may be required.
[Amended 11-7-2002 by Ord. No. 758]
EMERGENCY
A condition or circumstance which involves immediate danger to life or property, or both, or which involves a possibility of interruption or curtailment of any service furnished to the public by a public utility.
PERMITTEE
Any public utility, individual or company to which a permit has been issued under and pursuant to this article.
PUBLIC UTILITY
Any public utility as defined in N.J.S.A. 48:2-13.

§ 331-2 Permit required.

It shall be unlawful for any person to perform any excavation work or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material, obstructing or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way affect any other public improvement within a public right-of-way unless such person shall first have obtained a permit therefor from the Borough Clerk as herein provided.

§ 331-3 Application requirements.

[Amended 9-20-1984 by Ord. No. 493]
A. 
Application for a permit shall be made on forms to be provided by the Borough. The application shall state the purpose of the excavation and the name and address of the person who will restore the permanent pavement when the same is not to be done by the Borough or the applicant. The application shall be accompanied by a diagram indicating the nature and extent of the excavation to be made and the work to be done, the proposed dates of commencement and completion of the excavation, which date shall be the expiration date of any permit issued pursuant to the application, and other data as may reasonably be required. If during the course of the work any major variation is required, the permittee shall file an amended diagram showing the manner in which the work is actually being done.
B. 
Whenever the excavation will or may take more than one working day to complete or whenever the excavation site shall be left unattended, the permittee shall furnish to the Oceanport Police Department an emergency telephone number.
C. 
No permit for a street excavation in excess of 1,000 square feet shall be issued until the application shall have been reviewed by the Borough Engineer.
D. 
All street excavations in excess of 1,000 square feet shall be supervised by an inspector to be designated by the Borough Engineer, and the permittee shall be required to reimburse the Borough for the cost of such inspection.

§ 331-4 Fees.

[Amended 9-20-1984 by Ord. No. 493]
A. 
Application for a permit shall be accompanied by a fee of $15 to cover administrative costs for excavations up to 100 square feet and by a fee of not less than $100 for larger excavations. In addition to the permit fee, the applicant shall pay an inspection fee before the permit is issued equal to 10% of the cash repair deposit, but not less than $35, if the cash repair deposit is less than $500; 8% if the cash repair deposit is at least $500 but less than $5,000; and 6% if the cash repair deposit is $5,000 or greater. Such inspection fee shall be paid even though the applicant shall post a bond in lieu of a cash repair deposit.
[Amended 11-7-2002 by Ord. No. 758]
B. 
The Borough Clerk shall forward a copy of each application for a street opening permit to the Oceanport Police Department and, upon receipt thereof, the Chief of Police or his designee shall review the subject application to determine whether traffic control shall be needed during the period of construction. If it is determined that the permittee shall need the assistance of a law enforcement officer to control traffic in the vicinity of the construction site, then the applicant shall be required, in addition to the other fees provided for in this article, to pay to the Borough of Oceanport the prevailing police overtime rate for each hour or part thereof that a member of the Oceanport Police Department will be required to direct traffic at the site.

§ 331-5 Cash repair deposits.

[Amended 9-20-1984 by Ord. No. 493]
A. 
The application for an excavation permit to perform excavation work under this article shall be accompanied by a cash repair deposit. Such cash repair deposit will take the form of cash or certified check payable to the Borough of Oceanport and shall be received by the Borough Clerk prior to the issuance of any permit. The amount of the cash repair deposit required shall be:
[Amended 11-7-2002 by Ord. No. 758]
(1) 
For openings in streets paved with concrete or bituminous concrete:
(a) 
Three hundred dollars plus $2.50 per square foot of opening not exceeding 1,000 square feet.
(b) 
Two thousand five hundred dollars plus $2 per square foot of opening in excess of 1,000 square feet but not exceeding 5,000 square feet.
(c) 
Ten thousand dollars plus $1.50 per square foot of opening in excess of 5,000 square feet.
(2) 
For excavations made in streets of lesser construction: 1/2 the preceding fees.
(3) 
In the case of excavation or removal or alteration of other public improvements, such as drainage, sidewalks, driveway aprons, etc., the Borough Engineer shall determine in each case the amount of the cash repair deposit in a sum sufficient to allow the Borough to perform all required repairs and restorations. Said amount shall be estimated to include gross Borough costs, including fees, temporary maintenance costs, permanent restoration costs, etc. In no case shall any cash repair deposit be less than $500.
B. 
Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. The Borough shall be entitled to reimbursement from the cash repair deposit for the actual cost of any such necessary repairs which may be performed by employees of the Borough Public Works Department.
C. 
Upon the permittee's completion of the work covered by such permit, and after a sixty-day maintenance period in conformity with the ordinance as determined by the Borough Engineer, 2/3 of the remaining cash deposit shall be refunded by the Borough to the permittee, and the balance shall be refunded by the Borough to the permittee upon the expiration of such twelve-month period, provided that, if the amount of cash deposit does not exceed $500, the entire cash repair deposit shall be returned upon the Borough Engineer's determination that the permittee has performed the work in conformity with this article and provided further that the Borough may use any or all of such deposit to pay the cost of any work the Borough performs to restore or maintain the street as herein provided in the event that the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Borough.
[Amended 11-7-2002 by Ord. No. 758]
D. 
Cash repair deposits will be waived in the case of installation or repair of sidewalks by the owner or by a person acting for the owner of real property and may be waived in the case of installation of new public improvements by a subdivider of site development in accordance with the approved plans and without cost to the Borough; provided, however, that such waiver will not be granted if, in the opinion of the Borough Administrator, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction.

§ 331-6 Surety bonds.

A. 
If an individual cash repair deposit required by § 331-5 exceeds $500 or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey, the applicant may deposit with the Borough Clerk a surety bond in the amount of the cash repair deposit or an annual bond in the amount of $5,000 made payable to the Borough of Oceanport. The required surety bond must be:
(1) 
With good and sufficient surety.
(2) 
By a surety company authorized to transact business in the State of New Jersey.
(3) 
Satisfactory to the Borough Attorney in form and substance.
(4) 
Conditioned upon the permittee's compliance with this article and to secure and hold the Borough and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation permit or for which the Borough, the Borough Council or any Borough officer may be made liable by reason of any accident or injury to person or property through the fault of the permittee, either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition, as nearly as it can be to its original condition and to the satisfaction of the Borough Administrator, all openings and excavations made in streets and to maintain any street where excavation is made in a condition as good as before said work shall have been done, for the period of 12 months after said work shall have been done, usual wear and tear excepted. Any settlement of the surface within the said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee.
B. 
Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Borough if such repairs should prove defective.
C. 
Recovery on such bond for any injury or accident shall not exhaust the bond, but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.
D. 
In the event of any suit or claim against the Borough by reason of the negligence or default of the permittee, any final judgment against the Borough requiring it to pay for such damage shall, upon the Borough giving written notice to the permittee of such suit or claim, be conclusive upon the permittee and his surety.
E. 
An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above, but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date.
F. 
Public utilities may deposit a corporate bond conditioned as in the case of a surety bond in the amount of $5,000 in lieu of said surety bond, but such corporate bond must be in addition to a cash repair deposit of $500. Such cash repair deposit may, by Council action, be returned with interest to the utility after a twelve-month period wherein the Borough has made no charges or written demands against the deposit.

§ 331-7 Emergency approval.

[Amended 11-7-2002 by Ord. No. 758]
In case of emergency, any public utility, individual or company may make an excavation in or tear up the surface of any road without first having obtained from the Borough of Oceanport a permit therefor, in which case the public utility, individual or company shall make application for such permit within five working days after the occurrence of such emergency, provided that the public utility, individual or company first telephones to the office of the Borough Clerk a statement concerning the emergency in question or, in case such office is closed, the telephone call shall be made to the Borough Police Department, which shall log the information for the Clerk.

§ 331-8 General requirements for excavations, backfilling and resurfacing.

[Amended 11-7-2002 by Ord. No. 758]
The permittee shall comply with the following general conditions with regard to the opening or excavation and the backfilling and resurfacing of any public street or public place:
A. 
The permittee shall keep each opening properly guarded and at night have lights placed thereat and, in doing the work, interfere as little as possible with the travel along the road and open no greater part of the road at any time than shall be allowed by the Borough. If the excavation is to extend the full width of the road, no more than 1/2 of the road shall be opened at one time, and such half shall be backfilled before the other half is opened, so as to permit the free flow of traffic.
B. 
The applicant shall give a twenty-four-hour notice to the Borough Clerk prior to making an opening or prior to beginning surface restoration.
C. 
No opening shall commence on a Saturday, Sunday or holiday, except in case of an emergency.
D. 
On roads having either a concrete or bituminous concrete surface, the excavation work area shall be saw cut so that the edges of the opening shall be cut straight through the bituminous or concrete surface before the trench is excavated.
E. 
If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall excavate to the curb and evenly install six inches of bituminous stabilized base course in the entire area.
F. 
The work shall be so conducted as not to interfere with the water mains, gas lines, sewer lines or their connections with houses unless the permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which might be damaged thereby shall be removed without blasting. No excavation which will damage trees shall be made.
G. 
After the underground installation has been completed, the permittee shall properly backfill the excavation. The backfill may consist of the excavated materials but shall be free of all organic material, debris and clay. It shall be placed in lifts of no more than 12 inches, each lift to be thoroughly compacted to a grade or 24 inches below subgrade, the remainder to be backfilled with bank-run gravel. Should the excavated material be unsuitable for backfill in the opinion of the Borough Engineer, then the entire trench shall be backfilled with bank-run gravel and compacted as described above. Bank-run gravel shall conform to New Jersey State Department of Transportation soil aggregate dry Type I-1.
H. 
After the backfill has been placed, the permittee shall install a temporary pavement of bituminous concrete six inches thick and shall keep such temporary pavement to grade until it has been replaced by a permanent pavement. The excavated area shall then be allowed to settle for a period of not less than 90 days. Any settlement occurring within this period must be repaired by the permittee.
I. 
When the final settlement has taken place, however, no later than 120 days after excavation, the permittee shall mill and overlay the temporary pavement with a permanent pavement which shall be not less than 12 inches larger than the length and width of the opening. The permanent pavement shall be of the same type as the original pavement, unless authorized by the Borough Engineer. The Borough Engineer shall be given 48 hours' written notice previous to the time when the permanent pavement is to be installed in order to permit an inspection thereof. The permittee shall be required to mill the excavation surface to a depth of two inches, one foot wider on all sides of the initial repair. If the distance from the edge of the milled area to the existing curb is between two feet and four feet, the permittee shall be required to mill this distance as well. FABC surface course shall be constructed over the entire milled surface. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces prior to installation of the FABC surface course. As an alternate method of final restoration and subject to prior approval of the Borough Engineer, the permittee may utilize the infrared repair process, provided that the area of excavation does not exceed 100 square feet. If the excavation work area is within 100 feet of a previous excavation made within one year (by the same permittee along the same side of the road), the permittee shall mill and restore between the outermost excavation from the center line of the roadway to the curb. The permittee shall replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work, at the permittee's expense. Such work shall be performed according to Borough standards.
J. 
The restoration of the opening shall be maintained for 60 days after completion at the expense of the permittee, and any cash deposit, as set forth hereinabove, shall not be returned until at least 60 days have passed from the time of repair and the road is in acceptable condition.

§ 331-9 Excavations in recently improved streets.

[Added 9-20-1984 by Ord. No. 493]
A. 
Whenever the Borough Council enacts any ordinance or resolution providing for the paving or repaving of any street, the Borough Clerk shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under said street. Such notice shall notify such persons that no excavation permit shall be issued for opening, cuts or excavations in said street for a period of five years after the date of enactment of such ordinance or resolution. The notice shall notify such persons that applications for excavation 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 may be completed not later than 45 days from the date of enactment of such ordinance or resolution. 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 and to the state agencies and departments or other persons that may desire to perform excavation work in said street.
[Amended 11-7-2002 by Ord. No. 758]
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 or repair sewers, mains, conduits or other utility installations. In the event any owner of real property abutting said street shall fail within said 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 street shall be forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Borough Engineer, an emergency as described in this article exists which makes it absolutely essential that the excavation permit be used.
C. 
Every Borough department or official charged with responsibility for any work that 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 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.

§ 331-10 Preservation of monuments.

[Added 9-20-1984 by Ord. No. 493]
The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Borough Engineer.

§ 331-11 Excavations in winter months.

[Added 9-20-1984 by Ord. No. 493; amended 11-7-2002 by Ord. No. 758]
Unless authorized by prior written approval of the Borough Engineer, no permit for the excavation of any street shall be issued between December 1 and March 1, except for emergencies as provided in § 331-7 or by resolution adopted by the Borough Council. All street excavations commenced after March 1 must be completed, backfilled and restored prior to December 1.

§ 331-12 Indemnity.

In accepting a permit, the permittee shall be deemed to have agreed to indemnify and save harmless the Borough from and against any and all loss, costs or damages incurred by reason of any damage to any property, injury to any person or any loss of life resulting from any negligence of the permittee, its agents or servants in performing the work covered by the permit.

§ 331-13 Applicability.

The provisions of this article shall not be applicable to any excavation work under the direction of competent Borough officials, by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work for and in behalf of the Borough necessitating openings or excavations in streets, nor shall the provisions of §§ 331-4 and 331-5 apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided that such subdividers or site developers have posted cash guaranties and surety in accordance with the applicable ordinance requirements.

§ 331-14 Liability insurance required.

A. 
A permittee, prior to the commencement of excavation work hereunder, shall furnish the Borough Administrator with satisfactory evidence in writing that the permittee has in force and will maintain in force, during the performance of the excavation work and the period of the excavation permit, public liability insurance of not less than $500,000 for any one person and $1,000,000 for any one accident and property damage insurance of not less than $500,000 duly issued by an insurance company authorized to do business in this state.
[Amended 11-7-2002 by Ord. No. 758]
B. 
In cases where the character or nature of the proposed excavation work is such as to present an unusual hazard or a higher than normal risk of damage or injury, the Borough Council may require provision of increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred by the Borough Administrator for the consideration of the governing body prior to the issuance of a permit.

§ 331-15 Violations and penalties.

[Added 9-20-1984 by Ord. No. 493; amended 11-7-2002 by Ord. No. 758]
Any person who violates any provision of this article shall, upon conviction thereof, be punished as set forth in Chapter 1, § 1-15, General penalty. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
[Adopted 4-3-1952 by Ord. No. 165 (Ch. 53 of the 1970 Code)]

§ 331-16 Requirements.

No road, street, avenue or highway in the Borough of Oceanport dedicated to the public use shall be accepted as a public road, street, avenue or highway unless and until the following requirements are complied with:
A. 
All roads, streets, avenues or highways aforesaid shall be not less than 50 feet wide between property lines and not less than 30 feet wide between curblines.
B. 
No dead-end roads, streets, avenues or highways shall be accepted unless and until proper provisions have been made for the turning around of vehicles at the "dead end."
C. 
All roads, streets, avenues or highways shall be curbed on both sides thereof.
D. 
All curbs shall not be less than 16 inches deep.
E. 
All curbs shall be constructed of concrete or bluestone or granite, and the minimum width of any curb at the top shall be five inches for concrete and three inches for bluestone or granite.
F. 
All roads, streets, avenues or highways shall be graded with a longitudinal grade of not less than six inches to 100 feet, and a cross section of not less than 1/4 inch to the foot, nor more than 1/2 inch to the foot, each side of the center line.
G. 
The minimum requirement for the surface of any road, street, avenue or highway aforesaid shall be road gravel not less than six inches in depth after ultimate compaction, and the road gravel used thereon shall first be approved by the Borough Engineer and the Street Committee.
H. 
All roads, streets, avenues or highways aforesaid shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage.
I. 
Where subbase conditions of proposed roads, streets, avenues or highways aforesaid are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, treatment of the subbase shall be made in the following manner, viz: The road, street, avenue or highway shall be excavated to a depth that shall be 12 inches below the proposed finished grade. Material consisting of soft coal, cinders or two-and-one-half-inch broken stone or slag shall then be placed to a depth which, after thorough rolling, shall be not less than six inches. After the subbase material has been properly placed and compacted, the road-surfacing material as described heretofore shall be spread thereon.
J. 
The approval of any map of land delineating roads, streets, avenues or highways by the governing body of the Borough of Oceanport shall in nowise be construed as an acceptance of any road, street, avenue or highway indicated thereon.