A.
It shall be unlawful for any person, firm or corporation
to disturb the surface of or make any opening or excavations of any
kind in any municipal street, avenue, road or highway, either paved
or unpaved, for any purpose unless such person, firm or corporation
shall have first obtained a permit therefor and paid the fees therefor
as hereinafter provided.
B.
It shall be unlawful for any permit to be issued under the criteria as set forth in Subsection A herein for a period of two years after the resurfacing or repaving, or five years after the construction or reconstruction, of any street in the Borough of Longport unless and until an emergency situation has been declared by the Commissioner of the Borough of Longport, New Jersey, which emergency shall require the street to be opened.
It shall be unlawful for any person, firm or
corporation having obtained a permit therefor to disturb a greater
area of surface than specified in said permit or to perform construction
in any trench or opening for a period longer than is specified in
said permit. At no time during trench excavation shall more than 100
linear feet be open at any one time.
A.
It shall be the duty of any person, firm or corporation
making any excavation within any street of said Borough to protect
the paving, sidewalk, curb and/or gutter upon any side of the opening.
Sheet piling, or other such means as determined by the Borough, shall
be utilized to prevent undermining or excessive pavement disturbance
during the excavation. In determining the area of excavation for permit
purposes, such additional areas as may be required to be removed and
replaced by the Borough for failure of the excavator to take proper
precautions shall be included in the cost of the permit.
B.
Any openings and excavations shall not remain open
overnight and shall be backfilled to match existing grade. All openings
and excavations shall be adequately and safely protected by fencing,
barricades, lights and warning signs as determined by the Borough
and in accordance with the Manual on Uniform Traffic Control Devices.
No excavation shall exceed more than 1/2 of the pavement width of
any street at any one time. One lane of vehicular and pedestrian traffic
shall be provided at all times during the excavation.
C.
The excavator shall backfill all excavations with clean fill material
absent debris, clay, and/or vegetative matter to a height sufficient
to provide a minimum four-inch-thick layer of compacted road gravel
(NJDOT Soil Aggregate I-5) and a minimum six-inch-thick compacted
hot mix asphalt base course (NJDOT HMA19 or 22M64) within existing
paved cartways. Where areas of concrete curb, gutter, sidewalk or
driveway apron are disturbed by the excavator, the damaged areas are
to be removed to the extent determined by the Public Works Supervisor
and replaced with six-inch-by-eight-inch-by-eighteen-inch vertical
concrete curb, six-inch-thick-by-twenty-four-inch-wide concrete gutter,
six-inch-thick concrete driveway apron and sidewalk, and four-inch-thick
concrete sidewalk, as appropriate. All concrete shall be NJDOT Class
B and constructed per NJDOT Standards.
[Amended 8-21-2002 by Ord. No. 2002-13; 6-21-2017 by Ord. No. 2017-16]
D.
All openings within roadway travel and parking areas shall receive
the temporary adequately compacted asphalt base course paving on or
before 4:30 p.m. on the Friday of the same week during which the excavation
was performed. No openings or trenches shall be permitted to remain
open or without asphalt over the weekends or holidays. Temporary asphalt
paving shall consist of a six-inch-thick layer of hot mixed asphalt
(NJDOT HMA 22 or 19M64) over the required four-inch-thick road gravel
base. All soil backfill and gravel base material shall be properly
compacted prior to placement of the asphalt material. During inclement
months when asphalt plants are closed, the contractor may be permitted
to place a two-inch-thick plant mixed winter weather asphalt as a
patch material. However, the contractor shall replace such temporary
material with the required hot mixed asphalt within one week of the
asphalt plant reopening. Under no circumstances shall concrete or
concrete-stabilized material be permitted within an asphalt paved
cartway. All excavation, preparation, and placement of asphalt paving
and subbase shall be in accordance with the current edition of the
NJDOT Standard Specifications for Roadway and Bridge Construction.
All joints along existing asphalt shall be first sawcut and tacked
prior to placement of the hot mix asphalt.
[Amended 8-21-2002 by Ord. No. 2002-13; 3-16-2011 by Ord. No. 2011-02; 6-21-2017 by Ord. No. 2017-16]
E.
When multiple openings by the same utility company
are required to be made within a street during the two-year period
following overlay or five-year period following reconstruction of
said street, and the number of openings within an individual block
are such that an area greater that 1.5% of the paved surface of the
street within any one block is disturbed; or if more than 1/3 the
width of the street is disturbed for more than 10 feet; or three or
more openings are made within any fifty-foot length, then surface
restoration shall extend across the entire area encompassed by and
between the collective width and length of the multiple street openings,
which restorations shall consist of the entire area being milled to
a depth of not less than two inches and the milled area resurfaced
with bituminous concrete surface course, mix one to five. This shall
be accomplished in addition to pavement restoration of the individual
openings.
[Added 5-20-1998 by Ord. No. 98-6]
F.
When multiple utility openings by the same utility
company are required to be made within a street during the two-year
period following overlay or five-year period following reconstruction,
and the number of openings within an individual block are such that
five or more openings are made by a single utility company, then surface
restoration shall extend across the entire area encompassed by and
between the collective width and length of the multiple street openings,
which restoration shall consist of milling the entire area to a depth
of two inches and overlaying the milled area with a two-inch-thick
layer of bituminous concrete surface course, mix one to five.
[Added 5-20-1998 by Ord. No. 98-6]
G.
The Borough of Longport reserves the right to expand
or decrease the milling and paving restoration requirements based
on existing field conditions.
[Added 5-20-1998 by Ord. No. 98-6]
H.
At the conclusion of the milling and paving restoration,
any additional utility openings by the same utility company made subsequent
to the restoration will not be incorporated into the previous utility
openings until the aforementioned threshold limitations are met.
[Added 5-20-1998 by Ord. No. 98-6]
The Borough Clerk of the Borough of Longport
is hereby authorized to issue a permit to make openings or excavations
with municipal streets to such person, firm or corporation as shall
apply for and pay the fees therefor as hereinafter mentioned, which
permit shall be valid for the period as stated thereon and shall designated
the location and surface area of such excavation is to take place,
the name of the person, firm or corporation to whom such permit shall
be issued and the fees and deposits paid therefor.
A.
To defray the expense of issuing the permit and inspection
of the excavation and pavement replacement, any person, firm or corporation
obtaining such permit shall pay to the Borough Clerk for such permit
the following fees:
(1)
For every permit for making openings or excavations
outside of the paved portion of the municipal street, avenue, road
or highway; nonrefundable application fee:
[Amended 3-16-2011 by Ord. No. 2011-02]
(2)
For every permit for performing excavations within
the paved portion of any municipal street, avenue, road or highway,
a nonrefundable application fee of:
[Amended 3-16-2011 by Ord. No. 2011-02; 6-21-2017 by Ord.
No. 2017-16]
(a)
Up to five square yards: $100.
(b)
Five square yards to 25 square yards: $200.
(c)
Greater than 25 square yards: $250 plus $5 per square yard above
25 square yards.
(d)
In addition to the application fee as stated, the applicant
shall submit a separate nonrefundable fee for permanent pavement restoration
in the amount of $100 per square yard. Where the entire width of paving
in one block is to be replaced per Subsection E, the pavement restoration
fee will be waived.
(3)
Security deposit.
[Amended 3-16-2011 by Ord. No. 2011-02]
(a)
For all work performed within the asphalt cartway of any municipal
roadway, the permittee shall, in addition to the non refundable permit
fee as above described, provide a restoration performance guaranty
in the amount of $1,000. The restoration performance guaranty shall
be provided prior to the formal issuance of the street opening permit.
Said guaranty shall be only in the form of a cashier's check or certified
check made out to the Borough of Longport.
(b)
Repetitive permittees may avoid the per-permit guaranty by posting a yearly guaranty bond in the amount of $5,000. Said bond shall be posted with the Municipal Clerk and shall run not less than one year. Said bond shall condition upon said permittee that it, its agents and assigns shall restore any street opening to the conditions provided for in Chapter 147 of the Code of the Borough of Longport and that, upon any failure to restore said opening to the satisfaction of the Borough, it shall guarantee the payment to the Borough of any monies which the Borough is obligated to expend as a result of the permittee's failure to provide such proper restoration.
(c)
For all utility work relating to the installation of individual electric, gas, telephone, or cable utility, the Permittee may be the utility, a contractor, or a developer of said property. In the case of a utility, a security deposit in accordance with Subsection A(4) is permitted.
(d)
For all utility work other than individual utility service connections
to existing distribution lines, only the respective utility company
may be the permittee.
(e)
No security deposit or performance guaranty will be required for
work within the public right-of-way for concrete work (curb, gutter,
and sideway, and driveway aprons) outside of the travel lanes if said
work is less than 25 square yards.
(4)
In lieu of said security deposit, any public utility
corporation, as defined in Title 48, Chapter 2, Section 13 of the
Revised Statutes of New Jersey, may file with the Borough Clerk a
yearly bond to the Borough in the sum of not less than $5,000, which
bond shall condition upon said public utility corporation that it
shall restore to its original condition any municipal street, avenue,
road, highway within the Borough, opened or excavated by said public
utility, its agents and assigns, and otherwise complying with all
provisions of this article, and further guaranteeing for the payment
to the Borough of any moneys which said Borough is obligated to expend
as a result of the failure of said public utility, its agents and
assigns to restore such municipal street, avenue, road or highway
to its proper original condition. Said bond shall not be considered
to be on file with the Borough unless and until approved and accepted
by the Borough Commission. In the event that the public utility shall
fail to abide strictly by the provisions of this article, the Borough
Commission may, by resolution, revoke the privileges granted under
its bond, return the bond to the public utility and require the posting
of security deposits specified hereinbefore for all future road and
street openings made by said public utility. Nothing contained in
this section shall be construed to relieve said public utility of
its obligation to obtain a permit and pay the application fee provided
for in this article.
(5)
In the case of an emergency involving any underground
gas, water, sewer, telephone, electric or cable facility where immediate
repair is required to prevent loss or damage to public and/or private
property, or to provide continuation of service, it shall not be necessary
to first obtain a permit before commencing such repair, but notification
to the Borough Clerk during normal business hours, or Borough Police
Department otherwise by telephone, must be performed prior to performing
said excavation. Such permit shall be obtained on the next business
day following an emergency excavation, and this subsection shall not
be construed to exempt the person, firm or corporation repairing said
facility from any other of the provisions of this article.
(6)
Any Borough of Longport public works project performed
by the contractor under contract to the Borough of Longport or by
personnel under employment by the Borough of Longport shall not be
required to obtain a permit.
B.
The Borough Clerk shall keep records of all permits
issued and forward all fees therefor to the Borough Treasurer, which
fees shall be accounted for by the Borough Treasurer in his or her
reports to the Borough Commissioners.
C.
The Borough of Longport shall perform the permanent
restoration of the areas so opened as designated in the permit at
the sole expense of the permittee in those instances where the permittee
has not properly completed the work or failed to perform within the
time period granted in the permit. The applicant shall be first notified,
in writing, by the Borough Clerk of his or her failure to comply with
the conditions of the permit and be given 30 calendar days from said
notice; if the applicant fails to take and complete the corrective
work, the Borough shall declare the security deposit in default and
proceed to perform the work. Should the cost to the Borough for performing
the work exceed the security deposit, the applicant shall become liable
for such excess costs. Should the cost of the work be less than the
amount of the security deposit, the remaining amount shall be refunded
to the applicant.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction thereof,
be subject to a fine not exceeding the sum of $500 or to imprisonment
for a period not exceeding 90 days.
