City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Somers Point as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 90.
Development regulations — See Ch. 114.
Parades — See Ch. 195.
Taxicabs — See Ch. 231.
Towing — See Ch. 240.
Vehicles and traffic — See Ch. 250.
Recreational vehicles — See Ch. 254.
[Adopted 4-10-1925 (Ch. 85, Art. I, of 1967 compilation)]

§ 220-1 Compliance required.

The sidewalks of all highways now or hereafter dedicated to public use, situate within the corporate limits of the City of Somers Point, shall be graded, curbed, paved and repaired and made to conform to the requirements of the ordinances of the City of Somers Point and this article, by the respective owners of the lots of land fronting or bounding upon such highways.

§ 220-2 Specifications.

The City Engineer shall forthwith prepare and present to the City Council for its approval detailed specifications for the grading, paving, curbing and repairing of sidewalks in the City of Somers Point, which specifications shall be prepared under the direction of the Street Committee of the City Council, which specifications, when approved and adopted by the City Council, shall be and are hereby made the standard specifications for the grading, paving, curbing and repairing of sidewalks in the City of Somers Point and shall so continue until amended or changed by the City Council.

§ 220-3 Noncompliance.

In case of the neglect or refusal of any such owner, after notice as provided by this Article, to so grade, curb, pave and repair the sidewalk of the public highway in front of or adjoining his or her lot or lots of land, such sidewalk shall be graded, curbed, paved and repaired so as to conform to the requirements of the ordinances of the City of Somers Point and this Article, by the City of Somers Point, under the direction and supervision of the Street Committee and the City Engineer.

§ 220-4 Materials specifications.

It shall be the duty of the City Engineer to prepare and present to the City Council, as soon as convenient after the passage of this Article, a specification describing in detail the several kinds of materials and classes of work, with an approximate estimate of quantities of each kind of material and each class of work which will be required for the grading, paving, curbing and repairing of sidewalks during the remainder of the calendar year of 1925, under the direction of the Street Committee of the City Council; and thereafter to present a like specification and estimate of the materials to be furnished and work to be done during each succeeding calendar year, which said specifications shall be presented to and be approved by resolution of the City Council in each case.

§ 220-5 Advertising for bids.

Upon the approval of said specifications by the City Council as aforesaid, it shall be the duty of the City Clerk to forthwith advertise, in the manner required by law, for bids for the furnishing of such materials and the performance of such labor as shall be required by the city for the grading, curbing, paving and repairing of sidewalks for the calendar year for which such specifications have been presented and approved.

§ 220-6 Notice to improve.

In event that any sidewalk is not graded, curbed, paved or repaired in accordance with the provisions of this Article, the City Engineer shall cause a notice to be served upon the owners or trustee or trustees of the lot in front of which said sidewalk is located, which notice shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the required improvement, and a notice that, unless said improvement shall be completed within 30 days after the service thereof, it is the intention of the City of Somers Point to make the same or to cause it to be done, which notice may be served upon the owner or owners or trustee or trustees resident in the City of Somers Point in person or by leaving the same at their usual place of residence with a member of their family above the age of 14 years. In case any such owner or owners or trustee or trustees shall not reside in the City of Somers Point, such notice may be served upon him personally or mailed to his last-known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. In case the owner of any such property is unknown or service cannot for any reason be made as hereinabove directed, notice thereof shall be published at least once, not less than 30 days before the making of such improvement, in a newspaper circulating in the City of Somers Point. Proof of service of such notices shall be filed with the Tax Collector within 10 days thereafter.

§ 220-7 Enforcement.

In case the owner or trustee of any lot shall refuse or fail to comply with the notice prescribed in § 220-6 hereof within the time specified, the City Engineer shall cause such sidewalk to be improved or repaired and, for that purpose, shall prepare an order upon the contractor for the time being for sidewalk construction and repairs, specifying the materials to be furnished and the work to be done, to be in conformance with this Article and said specifications, using in his discretion such old materials as he may deem suitable and in conformity with the requirements of said specifications and this Article; provided, however, that such order shall not be executed until it shall have been approved by the Street Committee or a majority thereof, which such order shall be prepared in triplicate, one copy thereof to be filed in the office of the City Engineer, one copy to be filed in the office of the City Clerk and the remaining copy to be delivered to the contractor, which shall constitute his warrant and authority for doing the work.

§ 220-8 Performance of work by city.

When any sidewalks shall be improved or repaired, a true and accurate account of the cost and expense thereof shall be kept and apportioned among the several properties improved, in proportion to the frontage of their respective lands; and a true statement of such cost, under oath or affirmation, shall be forthwith filed by the City Engineer in charge of such improvements with the City Clerk; the same shall be presented to the Common Council, which body, after giving the notice thereof required by law, shall examine and consider the same and, if the same is properly made, shall confirm the same and the assessments therein made and file the report with the Tax Collector, who shall record said sidewalk assessments in the same book as other assessments. Such assessments shall, from the date of confirmation thereof, become due and payable and shall be and remain a first lien upon the lots upon which they are laid until paid and shall bear interest at the rate of 6% per annum from and after the expiration of 30 days after and from the date of confirmation. It shall be the duty of the Tax Collector forthwith to cause a notice of the assessment and the amount thereof to be given to each person assessed, either personally or by mail, by letter postpaid, directed to the person assessed at his or her last known post office address.

§ 220-9 Source of funds.

The cost of such construction and repair of sidewalks shall be paid in the first instance from moneys regularly appropriated for sidewalks or from the proceeds of curbing and paving temporary notes or bonds issued to provide moneys for the purpose of such construction and repair, upon the certificates of the City Engineer, duly approved by the Street Committee or a majority thereof, which said curbing and paving temporary notes or bonds shall be retired and paid from the moneys collected from said assessments.
[Adopted 12-22-1986 as Ord. No. 26-1986 (Ch. 87 of 1967 compilation); amended in its entirety 3-8-2007 by Ord. No. 1-2007]

§ 220-10 Definitions.

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein:
APPLICANT
Any person making written application to the City of Somers Point for a street opening permit hereunder.
CONTRACTOR
Any person, firm, partnership, association, corporation or any organization of any kind performing work for the permittee.
EMERGENCY
An unforeseen need to open a street surface for the repair of any underground utility. An emergency shall not include the connection to any underground utility such as water, sewer, electric or gas unless said connection or hookup is necessitated as a result of a burst, break or other serious condition to the underground utility or utility connection so as to seriously endanger person or property.
EXCAVATION
The excavation, opening, construction or any other work performed under a permit and required to be performed under this section.
M.U.T.C.D.
The Manual on Uniform Traffic Control Devices.
PERMITTEE
Any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company, organization, or public utility of any kind.
STREET
Any street, highway, sidewalk, alley, avenue, pavement, shoulder, gravel base, subgrade, curb, gutter, including drainage structures, utility structures, all other appurtenant structures, trees and landscaping or any other public way or public ground in the City of Somers Point and under the control of the City of Somers Point; the full width of the right-of-way, whether paved or not, including all improvements within the right-of-way or any unimproved areas.

§ 220-11 Permit required; exemptions.

A. 
It shall be unlawful, except in an emergency as set forth in Subsection B and for the exempted activities set forth in Subsection F hereunder, for any person to engage in any of the following activities unless such person shall first have obtained the applicable street opening/closure/detour permit from the City Clerk as herein provided:
[Amended 8-25-2016 by Ord. No. 11-2016]
(1) 
To dig up, excavate, tunnel, undermine or in any manner break up any street, paved or unpaved.
(2) 
To make or cause to be made any excavation in or under the surface of any street for any purpose.
(3) 
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.
(4) 
To clear any City right-of-way of vegetation for the installation of gravel material and/or construction of a bituminous concrete cartway.
(5) 
To install new utility poles within the City right-of-way (in-kind replacement of existing utility poles will be exempt from permit requirements).
(6) 
To perform any other operation on any street which in any manner interferes with or disturbs the surface of such street.
B. 
Emergencies; hardship. In the event that any pipe, main, conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as to seriously endanger persons or property, the owner of such sewer, main, conduit or other installation shall immediately contact the Somers Point Police Department and the Somers Point Engineer's office describing the location of the break, extent of repairs and any emergency measures required to reroute traffic. Upon approval by the Police Department, the owner shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making any permanent repairs to such street, alley or sidewalk until he or she shall have secured a permit as hereinafter provided. Such permit shall be applied for within 48 hours after such break or serious trouble shall have developed, and the necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the City Engineer and shall be completed as soon as practicable after receipt of the permit. In conjunction with the filing of the road opening application, the owner shall provide a written certification from his or her design professional indicating the nature of the emergency and the manner in which it was detected and verified.
C. 
No permit shall be issued for an opening of any street or alley which has been paved, repaved, constructed or reconstructed within the City of Somers Point during the five-year period immediately prior to the application unless the application makes allowance for extraordinary restoration and for permits for emergency opening as defined in § 220-10. The moratorium period shall commence on the date of final acceptance of the street or alley which has been paved, repaved, constructed, or reconstructed. All permits issued shall require moratorium restoration as outlined in § 220-19D and the permittee shall maintain the restored area for a period of five years from the date of final restoration.
D. 
Extraordinary restoration may be required for any street opening at the sole discretion of the City Engineer.
E. 
Any person failing to apply for the permit necessary to perform any of the activities set forth in this section shall be subject to a penalty as set forth in § 220-20 of this article.
F. 
Exemptions.
[Added 8-25-2016 by Ord. No. 11-2016]
(1) 
No street opening permit shall be required for:
(a) 
The repair or replacement of residential sidewalks; and
(b) 
The repair or replacement of residential driveways and driveway aprons along with associated curbing, provided the curb along the driveway apron to be replaced is 20 feet in length or less.
(2) 
In each such instance, a valid construction permit shall be obtained from the Construction Official. A valid certificate of insurance, meeting the requirements of § 220-16, is still required.
(3) 
Property owners completing the work themselves shall provide a copy of proof of homeowner's insurance along with a completed hold-harmless agreement to indemnify and hold harmless the City, its agents, servants and employees from any and all damage or liability sustained by any person, including injury or death to employees of the applicant or its contractors or subcontractors, and property damage, arising out of, or in any way related to, the work performed by the applicant, its agents, servants and employees. Said agreement shall require the applicant, in the event a claim is made against the City of Somers Point, its agents, servants or employees arising out of the applicant's construction activities, to provide the City of Somers Point with a legal defense and to pay any and all attorneys' fees or costs incurred by the City of Somers Point in connection with any claims, suits, demands or litigation.
(4) 
Property owners who retain a contractor shall require the contractor to provide proof of contractor's insurance along with a completed hold-harmless agreement to indemnify and hold harmless the City, its agents, servants and employees from any and all damage or liability sustained by any person, including injury or death to employees of the applicant or its contractors or subcontractors, and property damage, arising out of, or in any way related to, the work performed by the applicant, its contractor's agents, servants and employees. Said agreement shall require the contractor, in the event a claim is made against the City of Somers Point, its agents, servants or employees arising out of the applicant's construction activities, to provide the City of Somers Point with a legal defense and to pay any and all attorneys' fees or costs incurred by the City of Somers Point in connection with any claims, suits, demands or litigation.

§ 220-12 Application procedure.

A. 
A written application for the issuance of a street opening permit shall be obtained from the City Clerk. The application shall state the name and address of the applicant, the estimated dates of commencement, completion and restoration of the excavation and such other documentation as may be requested by the City Clerk and/or City Engineer.
B. 
All applications shall have attached two copies of a sketch/drawing with pertinent details drawn by a professional engineer of the State of New Jersey and must be drawn to a scale sufficient to show clearly the proposed work. The applicant shall also attach a copy of the pertinent section of the Tax Map with the area of excavation highlighted, when requested. Plans shall show horizontal location details and a vertical benchmark when necessary and all utilities within 25 feet of the proposed work. The sketch/drawing shall indicate the type of existing road surface to be disturbed and the proposed surface restoration details including cross sections. The drawing shall provide the distance to the nearest intersection, north arrow, scale and dimensions of the proposed area to be excavated. Utility companies may use an unlicensed engineer acceptable to the City Engineer.
C. 
The permittee has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4 through 2A:170-69.6 when the proposed excavation is located within 200 feet of a gas pipeline, and all permits issued by the City Engineer are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site and, if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto.
D. 
All applicants are also responsible for providing construction warning signs and lights in accordance with the M.U.T.C.D. Any proposed detours or road closings must be submitted to the City Engineer's office for approval along with the application for road opening. A separate sketch detailing any proposed detours or lane restrictions shall be submitted prior to the permit being issued if required by the Police Department or Engineer's office.

§ 220-13 Permit issuance; denial; revocation.

A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the City Clerk may issue a permit to excavate or open the surface of any City street. The permit shall state the name of the applicant, the nature and purpose of the excavation or opening, the location of the opening, the block and lot of the property benefiting and the number of days for which the permit shall remain in force.
B. 
If the application for a permit is denied, the City Clerk shall send the applicant written notification of the denial and shall state the reason for denial.
C. 
Any permit issued under this article may be revoked at any time by the City Engineer.

§ 220-14 Conditions and limitations.

A. 
Any permit issued pursuant to this section shall become null and void unless work is commenced within 30 working days, utilities must commence work within 90 working days, of the date indicated on the permit application for commencement of said work, unless the permittee has sought and received, in writing, an extension from the City Engineer.
B. 
Temporary restoration shall be completed at the end of each work day to ensure safe vehicular and pedestrian traffic access. Final restoration shall be completed once the opening has been given enough time to settle, as indicated in the road opening permit.
C. 
Notice of permit work, and/or final restoration shall be made by telephone or fax to the City Engineer 48 hours in advance of the commencement of such work so that inspection of same may be scheduled, except in the case of emergency work. Notice of emergency work shall be made within 24 hours of commencement of same. The type of work to be performed shall be specified in said notice.
D. 
All traffic striping damaged during construction shall be restored with temporary striping that same day. Final traffic striping and symbol restoration shall be done the same day the final paving is accomplished.
E. 
Every permit shall apply only to the person to whom it is issued and shall not be transferable. A copy of said permit shall be available for inspection at the job site at all times when work is being performed.
F. 
Dewatering.
(1) 
The contractor shall furnish sufficient pumping equipment at his own expense for satisfactory drainage whenever needed in the trench and other excavating during the progress of the work.
(2) 
All water pumped and bailed from the trench or other excavation shall be conveyed in accordance with federal and state environmental regulations to a suitable point of discharge.
(3) 
The flow in all sewers, drains and water courses encountered in the work site or in gutters alongside of or across the work, shall be entirely provided for, both temporarily and permanently, as required, by the contractor and at his expense.
(4) 
Hay bales or other approved method shall be placed at inlets to prevent sand and silt infiltration.
(5) 
All catch basins and inlets shall be cleaned of debris, hay bales, sand and silt by the contractor at the completion of the job. Maintenance of drainage shall be the responsibility of the contractor during the course of construction. The City shall be notified upon completion of this cleaning for inspection purposes.
G. 
Should prevailing weather conditions preclude the permanent restoration of the road surface, the applicant shall be responsible for the maintenance of the temporary surface.
H. 
No work areas shall be closed to traffic for more than one working day without the approval of the City Engineer and the Somers Point Police Department pursuant to § 220-17. Documentation displaying notice of proposed street closing(s) to the Somers Point School District Transportation Coordination will be required in advance of any street closing.

§ 220-15 Fees and bond requirements.

A. 
An application fee of $150 for each application shall be paid to the City Clerk.
B. 
Performance bond.
(1) 
Performance guaranty. A road opening permit shall not be issued until a satisfactory performance guaranty is posted with the City Clerk. The amount of the guaranty shall be determined by the construction estimates prepared by the City Engineer based on current estimates of the market value of the work. The performance guaranty shall be a certified check, performance bond or letter of credit or cash equivalent in an amount approved by the City Engineer and in a form approved by the City Solicitor. Performance bonds or letters of credit must be supplied by an institution authorized to do business in the State of New Jersey. The performance guaranty, whether performance bond or letter of credit, shall be a perpetual surety and shall not contain an expiration date. The applicant/permittee is responsible to ensure that these sureties will remain in effect until the City Clerk receives a written release issued by the City Engineer stating that all improvements are completed and acceptable to the City.
(2) 
A public utility company or construction company, in lieu of giving a separate bond for each project, may annually, prior to January 15th of each year, post a performance bond in the amount of $150,000 or for an increased amount as determined by the City. If an increased amount is required, notice of same shall be sent to the utility company by December 15th of each year. A decreased amount may be requested in writing by the utility company based on actual work undertaken within the City in the previous year. Said request shall be forwarded to the City Clerk and the City Engineer by December 15th of each year. A reduction in bonding amount shall be at the discretion of the City. No permits shall be issued until the bond has been approved by the City.
(3) 
The purpose of depositing the performance bond and/or cash security is to guarantee to the City of Somers Point that any construction, excavation or road opening will be performed and completed in an acceptable fashion consistent with the provisions of this section.
(4) 
If the permittee fails to complete restoration by the date indicated on the approved permit, the City shall have the right to attach and utilize the bond posted by the permittee to complete said work.
C. 
Maintenance bond.
(1) 
The permittee shall also be required to post a maintenance bond and/or certified check in the amount of 25% of the performance bond. The maintenance bond shall serve to guarantee that the utility opening restoration will remain in good condition for five years. Utility companies may satisfy this requirement through appropriate language contained within the annual performance guaranty.
(2) 
Maintenance bonds shall remain in effect for five years. Security in the form of cash or negotiable instrument shall be held in escrow for five years.
D. 
If it becomes necessary for the City to use a performance or maintenance guaranty because of work that is deemed by the City Engineer to be unsatisfactory or otherwise not in conformance with the provisions of this article, the permittee shall be notified in writing. If the substandard provisions are not repaired within two weeks of receipt of the notice, the City will cause the work to be done, and the cost will be subtracted from the guaranty. If an action against the guaranty is required because of failure of the applicant to meet the requirements of this article, the guaranty shall be deemed fully committed to the repairs until the final cost of the work is determined. Any additional permits which were issued with reliance on that guaranty will be deemed incomplete and no work shall be performed on any permit until the satisfactory condition is corrected. Should the cost of the corrective work exceed the original guaranty amount, the City reserves the right to recover the extra cost from the permittee.
E. 
Inspection fees shall be estimated by the City Engineer based upon estimated field inspection expenses and review of the application. Such fees shall be paid directly to the City Clerk prior to the issuance of a permit. Utility openings will adhere to the following schedule unless circumstances require additional inspection time due to atypical circumstances:
Type of Opening
Fee
Connection to a main
=$150
Main installation less than 200 feet
=$300
Main installation greater than 200 feet less than 350 feet
=$500
Main installation greater than 350 feet less than 500 feet
=$750
Main installation less than 500 feet
=TBD
Moratorium restoration minimum
=$1,000

§ 220-16 Insurance requirements, indemnification and hold harmless clause.

A. 
Every application for excavation for a street under the control of the City of Somers Point shall be accompanied by a certificate of insurance demonstrating that the applicant possesses personal injury and property damage liability insurance in the amount of $1,000,000 combined single amount. Where applicable, the permittee shall demonstrate that the explosion, collapse and underground (x.c.u.) exclusion has been removed from its insurance policy. The insurance carrier will not cancel said insurance without giving the City of Somers Point at least 10 days' notice thereof in writing.
B. 
Prior to the issuance of any permit, the applicant must present a certificate of insurance, naming the City of Somers Point and the City Engineer as an additional insured on said policy for personal injury and property damage liability in the amount set forth in Subsection A above.
C. 
All utility and cable television companies will be required to submit their certificates of insurance at the time of performance bond submission. At this time, both documents will be reviewed by the City legal staff for adequacy and correctness. The insurance carrier for the utility or cable television company will not cancel said insurance without giving the City of Somers Point at least 10 days' notice thereof in writing.
D. 
The applicant shall also agree in writing, in a form acceptable to Somers Point to indemnify and hold harmless the City, its agents, servants and employees from any and all damage or liability sustained by any person, including injury or death to employees of the applicant or its contractors or subcontractors, and property damage, arising out of, or in any way related to, the work performed by the applicant, its agents, servants and employees. Said agreement shall require the applicant in the event a claim is made against the City of Somers Point, its agents, servants or employees arising out of the applicants construction activities, to provide the City of Somers Point with a legal defense and to pay any and all attorney's fees or costs incurred by the City of Somers Point in connection with any claims, suits, demands or litigation.

§ 220-17 Traffic control, barricades, safety devices, job site safety.

A. 
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the City Engineer or City Police Department may permit the closing of streets to all traffic for a period of time prescribed by him or it if, in his or its opinion, it is necessary. The permittee shall notify the owners of adjoining properties at least 48 hours prior to the time he proposes to begin any work which will interfere with their normal passage. If an opening requires a detour, then five days' notice is required. Notice of business interruptions will require at least 30 days' notice.
B. 
The permittee shall keep all road and street openings guarded at all times and open no greater part of such road or street than shall be reasonably necessary as determined by the City Engineer. The permittee shall route and control traffic, including its own vehicles, as directed by the City Engineer or City Police Department. Before any highway may be closed or restricted to traffic, the permittee must submit a plan showing the proposed detour or restriction and receive approval from the City Engineer and City Police Department. In no case shall any road be closed or restricted without prior permission from both agencies. Upon completion of the construction work, the permittee shall notify the City Engineer and the City Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
C. 
Where flagmen are deemed necessary by the City Engineer and/or City Police Department, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the City Engineer or City Police Department will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours without expenses to the permittee, but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the City Engineer.
D. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of the fire plugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
E. 
All openings must be backfilled immediately and pavement restored in accordance with §§ 220-18 and 220-19.
F. 
If it is necessary to leave an excavation unfinished overnight or for an extended period, the permittee shall place at the site suitable barricades with appropriate lighting. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation, M.U.T.C.D., and any amendments thereto, except that the permittee must place his name and a phone number where he can be reached at all times. He shall also notify the City Police Department of the condition of the unfinished excavation and furnish the Police Department with his name and a phone number where he can be reached at all times. A minimum of four flashers must be used at the construction site or along the right-of-way as required by the City Engineer or the City Police Department.
G. 
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavation in order to encroach upon highways as little as possible.
H. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Timber decking shall be not less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall not be less than three feet in width and shall be provided with a railing as required by the City Engineer.
I. 
All permittees must call the New Jersey Utility Opening Service, at (800) 272-1000, and obtain clearances before beginning excavation. Any utility companies that do not belong to this utility opening service shall be contacted directly and all clearances obtained prior to beginning any disturbance.
J. 
The permittee and contractor shall comply with all OSHA regulations and with any other applicable laws in the performance of the work.

§ 220-18 Specifications for excavation and backfilling.

For all openings, the following standards shall govern the excavation and backfilling of any street:
A. 
Pavement cutting. Pavement shall be saw cut or milled.
B. 
Trench excavation.
(1) 
The paved roadway surfaces shall be cut vertically on a straight line before excavating to avoid undermining of adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in an open cut from the surface, and in such a manner and in such a depth and width as will give suitable room for bracing and supporting, pumping and draining at the contractor's discretion.
(2) 
The maximum trench width at the top of the pipe shall be two feet plus the outside diameter of the pipe. The contractor may, where it will not interfere with the work or adjacent structures of property, slope the sides of the excavation beyond the width specified above. The sides of the trench may only be sloped from a point starting two feet above the pipe.
(3) 
The minimum trench width at the surface of any street or roadway shall be two feet, in order to facilitate compaction of the subbase and top course of asphalt and/or the finishing of concrete.
(4) 
No trench shall be excavated more than 50 linear feet in advance of pipe laying. New trenching will not be permitted when earlier trenches need backfilling or labor is needed to restore the surfaces of the streets to a safe and proper condition.
C. 
Backfilling trenches.
(1) 
In backfilling a trench, the contractor shall carefully inspect and supervise the backfilling operation to ensure safety.
(2) 
No stone larger than 1 1/2 inches in diameter, rock or frozen earth shall be put in the excavation as backfill. Unsuitable, noncompactable material shall not be used as backfill. The permittee shall provide, at his expense, suitable imported fill material to replace any unsuitable material that is encountered during excavation.
(3) 
The top six inches of backfill shall be road gravel, aggregate I-5 or other material meeting that designation. Material shall be placed in layers not more than 12 inches thick and compacted with approved flat-faced mechanical tampers, or jumping jack.
D. 
Care of existing structures. Care shall be taken not to move any sewers, storm drains, culverts, utility poles, water or gas pipes, or structures near them that may be encountered during the construction. The above shall be securely hung, braced or supported in place by the contractor at his own expense. Whenever it is necessary to interfere with said structures, the contractor shall maintain services at his own expense and notify all respective utilities with whom a conflict exists. He shall leave them in as good condition as he found them.

§ 220-19 Specifications for pavement restoration.

For all street openings, the following standards shall govern the restoration of any street:
A. 
Temporary restoration.
(1) 
For all roadway openings that are in asphalt roadways, the temporary restoration shall consist of six inches of soil aggregate, Type I-5 to a level four inches below the level of the adjacent paved surfaces. A four-inch lift of Hot Mix Asphalt (HMA) base course, Mix I-2, shall be installed to grade.
(2) 
These temporary surfaces shall be left in place for a period of not less than 30 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(3) 
If the opening is greater than 100 square feet, the following may also be required. If the work done by the permittee or the sum of all the permittees on a given roadway disturbs greater than 30% of the given roadway or consists of a longitudinal opening within one lane of a roadway, the permittee will be required to install a one-and-one-half-inch minimum surface course overlay for the full width of the roadway or lane to the total length disturbed. This temporary overlay shall be installed within 14 days of the initial trench restoration. The temporary overlay thus installed will remain in place to allow for sufficient settlement to occur and be maintained in a safe running condition until the final restoration is completed. Where the trench or excavation was to depths of 10 feet or less, the overlay shall remain in place for at least 90 days before completing the final restoration. When the depth of excavation of the trench exceeded 10 feet, the temporary overlay will remain in place for 180 days before completing the final restoration. The final restoration of all trenches that require a temporary overlay shall be completed within 30 days after the settlement period has elapsed unless directed to wait for an additional period of time by the City Engineer.
(4) 
Maintenance of temporary restoration. All permittees shall be responsible for all temporary restoration until such time as the final restoration is completed. Upon notification from the City Engineer that the temporary restoration covered under the road opening permit is in need of repair, the permittee shall have seven days to correct all defects and restore the area(s) to an acceptable condition. Failure to respond within seven days will result in penalties being imposed in accordance with § 220-20.
(5) 
Emergency openings. When an emergency opening as outlined in § 220-11B must be made in an asphalt roadway and a hot mix bituminous concrete cannot be obtained during the course of the emergency work, the applicant shall be permitted to use a cold mix emulsified asphalt (cold patch) as a temporary restoration for no longer than 48 hours. The applicant shall advise the City Engineer in writing if cold patch is used for temporary restoration.
B. 
Permanent restoration.
(1) 
For openings less than 100 square feet, the final restoration will involve the removal of four inches of temporary HMA base. All edges shall be saw cut beyond the actual trench width disturbed to produce a clean edge, and said edges shall be coated with an asphaltic tack coat. A four-inch thickness of HMA surface course, Mix I-5, shall then be placed, in two lifts, to a level even with the existing road grade.
(2) 
For openings greater than 100 square feet, the trenches shall be milled to a depth of two inches to a distance at least six inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of HMA surface course, Mix I-5, being placed to a level even with the existing road grade. If the location of the trench is such that it will result in a ribbon of asphalt less than 24 inches wide between the edge of the final trench restoration and the edge of existing paving, then the final restoration shall be taken to the edge of paving.
(3) 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the City Engineer.
(4) 
If the work done by the permittee or the sum of all the permittees on a given roadway disturbs greater than 30% of the given roadway or consists of a longitudinal opening within one lane of a roadway, the permittee will be required to perform a two-inch minimum surface course milling and overlay for the full width of the roadway or lane to the total length disturbed.
C. 
General restoration specifications.
(1) 
Whenever required by the City Engineer, pipes for making opposite side hookups shall be driven or bored under the paved portion of the road or street without disturbing the surface.
(2) 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the City Engineer or his representative.
(3) 
The City reserves the right to require mill/ pave restoration based on field conditions within the disturbed area of any street.
(4) 
All damage done to adjacent elements of the street, curbs, walks, catch basins, storm drains, landscaping, grass area, etc., shall be immediately repaired by the applicant.
(5) 
All work shall be done with care and in a workmanlike manner.
(6) 
The temporary restoration must be completed prior to the opening becoming greater than the length of paving restoration that can be accomplished in one workday. No trenches shall be left open over a weekend or during any holiday period.
(7) 
If the work done by the permittee or the sum of all the permittees on a given roadway disturb greater than 40% of the given roadway or 50% of one lane of a roadway, the permittee will be required to perform a two-inch minimum surface course milling and overlay for the full width of the roadway or lane to the total length disturbed.
(8) 
In lieu of the requirement of final paving of any road opening, the City may require the applicant to contribute the cost of the final paving to the City based on the City Engineer's estimate of the improvement. If the City decides to accept the money, in lieu of final paving, the permittee will be relieved of any responsibility for final paving of the roadway, and the City shall appropriate the monies collected in the capital budget and use the money contributed to complete the final surface restorations that are deemed necessary by the City Engineer. The permittee may also petition the City Committee for the City to accept the responsibility of final paving, if it so desires. Whenever an in-lieu payment is required, payment must be made to the City Clerk prior to the issuance of a permit. Notwithstanding the payment of an in-lieu contribution, the permittee shall retain the responsibility to maintain the temporary trench until such time as the City completes the final paving. All estimates for final improvements will be determined by the City Engineer based on the current rate for necessary improvements.
(9) 
The applicant must keep the work area clean each day. The applicant must sweep the surrounding road surface to control dust, mud, dirt, etc. The permittee shall also adhere to all requirements of the Cape Atlantic Soil Conservation District at all times. If the applicant does not comply, the City will perform the cleanup and act on the performance bond for the cost.
(10) 
Upon completion of the work, the applicant will request a final inspection by the City Engineer. If the work is completed in a satisfactory manner, notification of satisfactory completion will be sent to the City Clerk. Upon receipt of this notification and receipt of the required maintenance guarantee, the performance guaranty will be returned by the City Clerk, where and when applicable. In the case of utilities or other entities who are permitted to post a general annual performance bond or lump sum guarantee against multiple permits, the applicant shall be required to control the number of permits open at any one time. These applicants shall be required to submit a yearly report to the City Engineer showing the status of all pending permits and identifying those permits where the final restoration has been completed for a period of three years prior to the day the report was written.
(11) 
In any case where the contractor has not complied with these regulations to the satisfaction of the City Engineer or his representative, the Engineer, without notice, may cause the work to be done, and the cost shall be deducted from the performance bond made by the applicant.
(12) 
The time limit for all permits will be determined by the City Engineer based on the nature of the work to be completed.
(13) 
All permittees are required to send notice that the work covered under their permit has been completed in accordance with the applicable section(s) of this article on a form to be provided with the road opening permit.
D. 
Specifications for opening streets under moratorium.
(1) 
If it is necessary to open a street subject to a moratorium as defined under § 220-11C, the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.
(2) 
The distances in either direction of the opening will be determined by the City Engineer based on the proximity to other roadways or utility concerns. In most cases, final pavement restoration will encompass 50 feet in both directions of the opening for the full width of the existing road. The City Engineer may allow resurfacing to the center line of the road only if the opening is completed within one lane and does not involve disturbance across the center line.
(3) 
Temporary and final pavement restoration shall be completed in the same method as indicated in § 220-19B except that milling will entail the full length and width that must be repaved.

§ 220-20 Specifications for dedicated but unopened streets or paper streets.

A. 
All clearing shall be done within the right-of-way and shall be limited to the area necessary to provide the required grade on the proposed roadway.
B. 
All proposed streets within an existing public right-of-way shall be constructed in accordance with all applicable design standards for new streets as set forth in the City Code.
C. 
Each plan submitted shall have a letter attached from a licensed professional engineer describing the proposed stormwater management plan. The drainage plan must be designed in accordance with the current Stormwater Management Ordinance[1] as set forth in the City Code.
[1]
Editor's Note: See Ch. 114, Development Regulations.
D. 
Any waiver of the required improvements such as curbs, gutters, sidewalks, driveways, etc., must be requested from the City Committee. The City Committee's decisions shall be final in determining the need for these improvements.

§ 220-21 Violations and penalties.

A. 
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.
B. 
Any permittee and/or contractor who violates this section more than two times during any one calendar year shall be subject to suspension of permit issuance for three calendar years.