[Adopted 7-22-1976 as Art. V of
Ch. 150 of the 1976 Code[1]]
[Amended 10-6-2016 by Ord. No. 20-2016]
It shall be unlawful to dig, excavate, open or in any manner
interfere with or disturb the surface of any street or sidewalk area
within the City of Margate City's right-of-way for any purpose whatsoever
without first securing a permit therefor as hereinafter provided.
[Amended 10-8-1998 by Ord. No. 1998-20; 10-6-2016 by Ord. No. 20-2016]
A.
Application for permission to make an excavation in any street between
the curblines, driveways or in any sidewalk area shall be made to
the City Engineer or City's designee. Such application shall be made
on the required application form and shall be signed by the applicant
and shall specify:
(1)
The applicant's name, address and phone number (local and out-of-town).
(2)
The name, address and phone number of the person or firm who will
be performing the work.
(3)
The length and width of such excavation.
(4)
The purpose for which the excavation is to be made.
(5)
The estimated time required to complete the work and restore the
surface.
(6)
Such other information as may be prescribed by the City Engineer
or City's designee.
B.
A fee of $200 shall be paid to the City Clerk in care of the City
Engineer or City's designee, prior to the issuance of the permit for
all excavations of less than six square yards. If said opened, disturbed
or undermined area exceeds six square yards, the additional yardage
shall be classified as excess yardage, an additional fee shall be
due and payable by the applicant for all yardage in excess of six
square yards at a rate of $10 per square yard.
C.
The area opened, disturbed or undermined by the applicant shall be
measured and determined by the office of the City.
[Amended 11-25-1992 by Ord. No. 1992-21; 10-8-1998 by Ord. No. 1998-20; 10-6-2016
by Ord. No. 20-2016]
The City Engineer or City's designee, upon receipt and examination
of the application and the fee referred to hereinabove, shall issue
a permit under his hand for the excavation. He shall specify on the
permit that it is good for a thirty-day period from date of issuance.
He shall further specify on the permit that such work shall be completed
and the road or sidewalk surface restored within 48 hours after work
is commenced or within a duration of time which in his opinion is
reasonable and fair. The applicant shall notify the City Engineer
or City's designee two business days (weekends and holidays are not
considered business days) before the commencement of any work so that
appropriate inspections can be made where required.
[Amended 8-11-1988 by Ord. No. 1988-15; 11-25-1992 by Ord. No. 1992-21; 9-23-1993 by Ord. No. 1993-18; 10-8-1998 by Ord. No. 1998-20]
A.
The applicant to whom such permit is issued shall, within the time
limited in such permit, replace the earth and pavement in the excavation
in such manner that the same shall be left in as good a condition
as it was before the excavation was commenced.
[Amended 12-10-1998 by Ord. No. 1998-27; 10-6-2016 by Ord. No. 20-2016]
(1)
Trenches shall be backfilled in layers not to exceed six inches and
a vibratory tamper must be used. Ninety-five-percent compaction shall
be required. Puddling of backfill is strictly prohibited. Should there
be a deficiency, additional backfill material shall be supplied by
the permittee. Whenever the City Engineer or City's designee shall
deem the material unsatisfactory for backfill, the permittee shall
provide acceptable material for the backfill.
(2)
Roadways with a concrete base shall be restored using a combination
of concrete and asphalt. The amount of concrete and asphalt to be
used at each such excavation shall be as directed by the City Engineer
or City's designee. See detail at the end of this chapter.
(3)
Bituminous concrete street restoration specifications.
(a)
Gravel shall be installed six inches thick. The gravel shall
consist of compact soil aggregate, Type I-5. The use of a recycled
asphalt product (RAP) or recycled concrete product may be substituted
for the soil aggregate as long as it meets the New Jersey Department
of Transportation (NJDOT) requirements for I-5 materials. The City
Engineer or City's designee may, at his discretion, submit samples
of the soil aggregate for a gradation analysis, with the cost of said
analysis to be borne by the applicant.
(b)
Temporary restoration.
[1]
Asphalt roadways.
[a]
Less than 100 square feet.
[i]
For openings in asphalt roadways that are less
than 100 square feet, the temporary restoration will consist of the
installation of six inches of soil aggregate, Type I-5, to a level
of six inches below the level of the adjacent paved surfaces. A four-inch
lift of hot mix asphalt base course, Mix I-2, followed by a two-inch
lift of a bituminous concrete cold patch installed to grade.
[ii]
These temporary surfaces shall be left in place
for a period of not less than 45 days to allow sufficient settlement
to occur. Should settlement continue to be inadequate, the City Engineer
or City's designee shall determine when the work is acceptable for
final restoration. The permittee shall be responsible for all maintenance
deemed necessary by the City Engineer or City's designee until such
time as the final restoration is completed, which shall be completed
within not more than 90 days from the date of opening.
[b]
Greater than 100 square feet.
[i]
For openings in asphalt roadways that are greater
than 100 square feet, the temporary restoration will consist of the
installation of six inches of soil aggregate, Type I-5, to a level
six inches below the level of the adjacent paved surfaces. A six-inch
lift of hot mix asphalt base course, Mix I-2, shall then be installed
to grade.
[ii]
These temporary surfaces shall be left in place
for a period of not less than 45 days to allow sufficient settlement
to occur. Should settlement continue to be inadequate, the City Engineer
or City's designee shall determine when the work is acceptable for
final restoration. The permittee shall be responsible for all maintenance
deemed necessary by the City Engineer or City's designee until such
time as the final restoration is completed, which shall be completed
within not more than 90 days from the date of opening.
(c)
Final restoration.
[1]
Asphalt roadways.
[a]
Less than 100 square feet. For openings less than
100 square feet, the final restoration will involve the removal of
the top two inches of bituminous concrete cold patch. All edges shall
be saw cut six inches beyond the actual trench width disturbed to
produce a clean edge, and said edges shall be prepared with an asphaltic
tack coat. A two-inch lift of hot mix asphalt surface course, Mix
I-5, shall then be placed to a level even with the existing road grade.
[b]
Greater than 100 square feet.
[i]
For openings greater than 100 square feet, the
trenches shall be milled to a depth of two inches to a distance of
at least 12 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 hot mix asphalt surface course, Mix I-5, being
placed to a level even with the existing road grade.
[ii]
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 or City's designee.
(4)
Emergency openings.
(a)
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. 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. In the event that any entity
shall be required to open a street and/or roadway as a result of an
emergency, said emergency opening shall be reviewed by the City Engineer
or City's designee and if said City Engineer or City's designee shall
determine that no such emergency existed, then the entity so opening
the street and/or roadway shall have a fine imposed upon such entity
in the amount of $1,000 for the first nonemergency opening, $5,000
for a second nonemergency opening and $10,000 for a third nonemergency
opening.
(b)
In the event that an emergency requires the opening of a roadway
that has been resurfaced by the City during the previous five years,
a full-width restoration will be required. The restoration will consist
of a six-inch dense graded aggregate base course, and a six-inch 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 to extend 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 City
Engineer or City's designee. The final surface course shall be a two-inch
hot mix asphalt surface course, Mix I-5. See detail at the end of
this chapter.
(c)
In the event that an emergency requires the opening of a roadway,
the entity shall first notify the Margate City Police Department of
the location and cause of the emergency before commencing any work.
(5)
In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to § 242-17A(4)(b) the City Commissioners may grant relief if all of the following conditions are met:
(a)
A letter addressed to the City Commissioner,
care of City Clerk, is received detailing the hardship and necessity
of opening the street in lieu of waiting the prescribed period of
time.
(b)
Upon receipt of the letter, a public meeting
date will be set for the City Commissioners to take formal action.
(c)
The property owner making the request shall
serve a notice to all property owners within 200 feet, by certified
mail, return receipt requested, or by personal hand delivery, a minimum
of 10 days prior to the public meeting.
(d)
The property owner shall file a copy of the
notice served to adjoining property owners with an affidavit of proof
of delivery of notice with the City Clerk at least three days prior
to the public meeting. The notice must:
[1]
Identify the property by street address and
block and lot.
[2]
State the reason for the hardship.
[3]
State the type and size of the utility opening.
[4]
Advise the adjoining property owners that if
they have any objections, they must advise the City Clerk, in writing,
as to their objections to the proposed street opening at least three
days in advance of the public meeting.
[5]
State the date and time of the public meeting.
[6]
Be approved by the City Clerk prior to mailing.
(e)
The City Commissioners shall consider the request
at a public meeting and review all objections received, in writing.
Approval or denial of the request shall be through formal adoption
of a resolution.
(f)
A request which includes the extension of a
utility main shall not be considered and will be automatically denied.
(g)
A request based solely on economic savings shall
not be considered and will be automatically denied.
(6)
If more than three individual excavations would be
required with a twenty-foot length, a single trench must be used rather
than the individual excavations.
(7)
In all cases where concrete has to be removed prior to any excavation,
saw cut methods of removal shall be used. The restoration of the concrete
shall be according to the following specifications:
(a)
It shall be Class B with a class design strength (28 days, psi)
of 3,700 pounds per square inch.
(8)
Multiple utility openings.
(a)
When the same utility company, authority or developer performs
five or more total cumulative openings, regardless of size, within
the same street block during the five-year period following resurfacing,
repaving, or reconstruction of said street, it shall be the obligation
of that utility company, authority or developer to mill to a depth
of two inches the entire block between existing gutter lines and for
the entire block and overlay that milled area with a two-inch thick
layer of hot mix asphalt surface course, Mix I-5.
(b)
When the same utility company, authority or developer performs
five or more openings, regardless of size, within the same year in
the same block beyond the five-year period of a resurfacing, repaving,
or reconstruction of said street, it shall be the obligation of that
utility company, authority or developer to mill to a depth of two
inches the entire block between existing gutter lines and for the
entire block and overlay that milled area with a two-inch thick layer
of hot mix asphalt surface course, Mix I-5.
(c)
When the same utility company, authority or developer performs
trench installation exceeding 1.5% of the pavement's surface area
within a block, or if more than 1/3 of the width of the street is
disturbed, or if three or more openings, regardless of size, are made
within a fifty-foot length of the street, it shall be the obligation
of that utility company, authority or developer to mill to a depth
of two inches the entire block between existing gutter lines and for
the entire block and overlay that milled area with a two-inch thick
layer of hot mix asphalt surface course, Mix I-5.
(d)
Milling and paving restoration shall not preclude the permittee
from performing the required pavement restoration, except that the
finish elevation of the asphalt restoration may be lowered by two
inches in anticipation of a pending milling operation. Lowering of
the restoration area will not be permitted if milling and paving operations
are not being performed within 48 hours of the restoration or in advance
of a weekend or holiday. In no case shall the final asphalt thickness
of a lowered restoration area be less than two inches in thickness.
(e)
Street openings, for the purposes of installing new or replacing
old water or sewer laterals under the ownership and maintenance of
the City of Margate City, shall be exempt from this portion of road
restoration, unless the installation is performed for a private entity.
Said private entity shall be required to obtain a street opening permit
and perform the final restorations.
B.
By the acceptance of such permit, the applicant shall
be deemed to have agreed to comply with the terms hereof and, upon
his failure to do so, to pay on demand any cost or expense that the
City may incur by reason of any shrinkage or settlement in the excavated
area resulting from such excavation if such shrinkage or settlement
shall occur within three months from the time the surface thereof
is restored.
[Amended 10-8-1998 by Ord. No. 1998-20; 10-6-2016 by Ord. No. 20-2016]
Any public utility company in the City of Margate City, in the conduct of its business, shall post with the City Clerk a bond for $10,000, which bond shall be approved by the City Attorney and conditioned to ensure the proper restoration of all streets and sidewalks opened by said utility company. The public utility company shall give written notice of all streets and sidewalks which it desires to open to the City Engineer or City's designee, who shall issue a permit for each project to open said street or sidewalk. Said utility shall pay to the City Clerk, care of the City Engineer or City's designee, for the use of the City of Margate City the amount as indicated in § 242-15 of the City Code.
[Amended 10-6-2016 by Ord. No. 20-2016]
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 fire hydrants.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of piles of material or other obstructions.
A.
The permittee shall erect and maintain suitable timber
barriers to confine the earth from trenches or other excavations so
as to encroach upon highways as little as possible.
B.
The permittee shall construct and maintain adequate
and safe crossings over excavations and across highways under improvement
to vehicular and pedestrian traffic at all street intersections.
(1)
Vehicular crossings shall be constructed and maintained
of plant, timbers and blocking of adequate size to accommodate vehicular
traffic safely. Decking shall be not less than four inches thick and
shall be securely fastened together with heavy wire and staples.
(2)
Pedestrian crossings shall consist of planking three
inches thick, 12 inches wide and of adequate length, together with
necessary blocking. The walk shall be not less than three feet in
width and shall be provided with a railing, as required by the City
Engineer.
C.
Prior to the placement of any equipment for work to be performed
under the street opening permit, the person, firm, corporation, or
company performing the work shall erect the necessary maintenance
protection of traffic devices. All maintenance and protection of traffic,
both signage and location, shall be in accordance with the published
details of the MUTCD. Any question arising as to the amount of required
traffic control devices shall be resolved by the Margate City Police
Department. Failure to establish the necessary traffic control prior
to the initiation of any work under a street opening permit shall
be cause for revocation of said permit.
[Added 10-6-2016 by Ord.
No. 20-2016]
D.
Any street opening permit work which shall cause the temporary closure
of one lane of traffic shall not take place until a proper traffic
control plan has been submitted to and approved by the Margate City
Police Department. After approval of said traffic control plan, at
least 24 hours' advance notice by telephone shall be provided to the
Margate City Police Dispatcher. No complete closure of any municipal
street shall be permitted unless submitted with the original request
for and issued under the approved street opening permit.
[Added 10-6-2016 by Ord.
No. 20-2016]
E.
Prior to the initiation of any excavation activity, proper erosion
and sediment control measures shall be employed to prevent any excavated
material from entering existing drainage facilities. Where it is determined
necessary by the Supervisor of Public Works, inlet filter material
shall be utilized during the course of excavation. Filter material
shall be removed upon completion of the excavation work. For projects
involving more than one day, the contractor shall maintain and replace
the filter material to assure functioning in rainfall events.
[Added 10-6-2016 by Ord.
No. 20-2016]
The applicant to whom a permit is granted shall
keep the excavations properly guarded and shall place lights thereat
at night. At all times such excavations shall be made so as to allow
safe passage of pedestrians and vehicles in and along the public way.
A.
The City shall not be responsible for any injury or
damage to persons or property resulting from the negligence of the
applicant or his servants, agents or employees in making, grading
or filling any excavation permitted under the terms of this article.
B.
This article shall not be construed as imposing upon
the City or any official or employee any liability or responsibility
for damages to any person injured in the performance of any excavation
work for which an excavation permit is issued hereunder; nor shall
the City or any official or employee thereof be deemed to have assumed
any such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Amended 1-25-1988 by Ord. No. 1988-1; 10-8-1998 by Ord. No. 1998-20]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof before the Judge of the Municipal Court, be subject to a fine not exceeding $1,000 or to imprisonment in the City or county jail for a period not exceeding to 90 days, or both. Penalties for violating the emergency road opening provisions are contained in § 242-17 of the City Code.
