[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]
As used in this article, the following terms
shall have the meanings indicated:
The Borough Clerk of the Borough of Oceanport or such other
Borough official as the governing body may designate.
[Amended 11-7-2002 by Ord. No. 758; 8-17-2023 by Ord. No. 1081]
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.
Any public utility, individual or company to which a permit
has been issued under and pursuant to this article.
Any public utility as defined in N.J.S.A. 48:2-13.
The Superintendent of Public Works of the Borough of Oceanport
or his duly designated representative, or such other 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.
[Added 8-17-2023 by Ord. No. 1081]
[Amended 8-17-2023 by Ord. No. 1081]
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 Superintendent
of Public Works or their duly designated representative as herein
provided.
[Amended 9-20-1984 by Ord. No. 493]
A.
Application for a permit shall be made online using
the Borough’s application portal. 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.
[Amended 8-17-2023 by Ord. No. 1081]
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 100
square feet shall be issued until the application shall have been
reviewed by the Borough Engineer.
[Amended 8-17-2023 by Ord. No. 1081]
D.
All street excavations in excess of 100 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.
[Amended 8-17-2023 by Ord. No. 1081]
[Amended 9-20-1984 by Ord. No. 493; 11-7-2002 by Ord. No.
758; 11-2-2017 by Ord. No. 982; 8-17-2023 by Ord. No. 1081]
A.
Application fee. A nonrefundable fee of $225 shall apply.
B.
Permit fees. The following schedule of fees is hereby fixed, determined
and established as being the nonrefundable fees to be paid to the
Borough of Oceanport to be drawn upon by the Borough Engineer in conjunction
with the issuance and servicing of such permits, and supervision and
inspection of such openings to proper restoration.
C.
The Superintendent of Public Works shall forward a copy of each application
for a street opening permit to the Oceanport Police Department and
the Borough Clerk.
D.
Traffic control review. 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. Prior to any request for traffic control, the
Chief of Police or his designee shall verify that the entity has obtained
a permit from the Superintendent of Public Works.
[Amended 9-20-1984 by Ord. No. 493; 11-7-2002 by Ord. No.
758; 11-2-2017 by Ord. No. 982]
A.
Before any permit is granted, a refundable performance guaranty shall
be deposited with the Borough to insure proper restoration of the
trench, pavement surface, and any other improvements within the Borough
right-of-way.
(1)
For openings and excavations, the deposit shall be $1,000 or $25
per square foot of the actual excavated trench size, whichever is
greater. The amount of the deposit shall be computed by multiplying
the trench length in feet by the trench width in feet, which produces
square feet.
(2)
For temporary occupancy of a Borough right-of-way with a residential
or commercial structure, the deposit shall be $10,000.
(3)
For temporary occupancy of all other obstructions, the deposit shall
be $1,000 or $25 per square foot of the actual occupied area, whichever
is greater. The amount of the deposit shall be computed by multiplying
the trench length in feet by the trench width in feet, which produces
square feet.
B.
The guaranty shall be refunded if the surface or other improvements
are replaced according to Borough specifications, and will be forfeited
in lieu of restoration in the event that the Borough specifications
are not met. For paved roads, the guaranty will be retained for a
period of three months to one year from the date of completion of
the permitted construction, at which time the guaranty will be refunded
upon the written approval of the Borough Engineer. In the event the
Borough Engineer does not approve the same in writing, and upon recommendation
to the Borough Council, the guaranty will be forfeited.
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 Engineer
and/or Superintendent of Public Works , 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.
[Amended 8-17-2023 by Ord. No. 1081]
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.
[Amended 11-7-2002 by Ord. No. 758; 8-17-2023 by Ord. No. 1081]
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 Superintendent
of Public Works 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 Superintendent.
[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 forty-eight-hour notice
to the Borough Engineer prior to making an opening or prior to beginning
surface restoration.
[Amended 11-2-2017 by Ord. No. 982]
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 edge of pavement/curb is less than two feet,
the permittee shall excavate to the curb and extend the trench repair
to the edge of pavement/curb.
[Amended 11-2-2017 by Ord. No. 982]
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.[1]
[1]
Editor's Note: Former Subsections G, H, I, and J, which immediately
followed this subsection, were repealed 11-2-2017 by Ord. No. 982.
[Added 11-2-2017 by Ord.
No. 982]
A.
The methods of construction for excavation and backfill shall be
in accordance with Section 202 of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, latest edition,
and such other provisions as are included herein and as may be added
in the special conditions.
B.
No road opening, excavation or occupancy of a cross trench shall
extend beyond the center line of the road before being backfilled,
compacted and the surface of the roadway temporarily restored.
C.
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage of those facilities and to permit
their relocation, if necessary. Storm drains, pipe culverts or other
facilities encountered shall be protected by the permittee. If the
work performed interferes with the established drainage system of
any street or road, provision shall be made by the permittee to provide
proper drainage during construction and restore the existing system,
all to the satisfaction of the Borough Engineer.
D.
No dewatering equipment, wells, points or piping shall occupy the
traveled portion of roadways unless specifically approved and adequately
protected to the satisfaction of the Borough Engineer. In addition,
effluent from dewatering systems shall be discharged in such a manner
that erodible soils are not adversely affected. All silt and sediments
being carried in the dewatering effluent must be intercepted prior
to effluent discharge into any drainage system through the use of
a sediment basin designed to allow retention of discharge for sufficient
time to render such waters free from suspended silt and sediments.
The use of screening devices in lieu of a sedimentation basin must
receive specific approval and be employed only for minor flows.
E.
Any gravel, earth or other excavated material which is caused to
roll, flow or wash upon any Borough road shall be removed from the
roadway within 24 hours after deposit. In the event the earth, gravel
or other excavated material so deposited is not removed, the Borough
shall remove the material, and the cost incurred shall be paid by
the permittee or deducted from his deposit. Applicants are put on
notice that, due to the work schedule of the Department of Public
Works, it will be necessary to make such repairs after normal working
hours. The permittee shall employ construction methods and means that
will keep flying dust to the minimum to the satisfaction of the Borough
Engineer.
[Amended 8-17-2023 by Ord. No. 1081]
F.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Department of Public Works deems necessary
to secure the traveled way for snow removal operations. At the first
sign of precipitation, all work on the shoulders and traveled way
shall stop, and they shall be cleared of all dirt, etc., and the area
backfilled so as not to interfere with Borough snow operations until
the weather permits resumption of work.
G.
Right-of-way or property monuments and/or makers, traffic control
devices and other Borough-maintained devices on the right-of-way shall
not be removed or disturbed unless permission to do so is first obtained
in writing from the Borough Engineer. Permission shall be granted
only upon the condition that the permittee shall pay all expenses
incident to the replacement of such monumentation and/or devices.
H.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand
(1:10).
I.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
[Added 11-2-2017 by Ord.
No. 982]
A.
Within grassed areas, all trench openings and damaged areas shall
be backfilled for the top four inches with topsoil as defined in Section
804 of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, latest edition. Then, both the trench
and area disturbed by excavated material and construction operations
shall be seeded with fertilizing and seeding, Type A, as specified
in Section 917.05.01 of the same specifications.
B.
Within the limits of gravel roadways, driveways and parking areas,
all trench openings shall be backfilled and compacted as heretofore
noted. The top eight inches shall be backfilled with eight inches
of compacted dense-graded aggregate base course as defined in Section
302 of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, latest edition.
C.
Within the limits of bituminous concrete or bituminous-treated roadways,
all trench openings shall be backfilled and compacted as required
in Section 301 of the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, latest edition. The
upper 12 inches of the trench shall receive a temporary repair of
six inches of compacted dense-graded aggregate base course as defined
in Section 302 of the above-listed specifications, topped with six
inches of hot mix asphalt 19M64 base course, as defined in Section
401 of the above-listed specifications.
(1)
The temporary pavement shall remain in place until any residual
settlement takes place, which time shall not exceed four months. During
this time, the permittee shall assure maintenance of the pavement
surface level. Manholes, valve boxes or other physical utility obstructions
shall have feathered approaches not to exceed a 5% slope where necessary,
and pavement lining shall be restored by the permittee for adequate
traffic control.
(2)
Where 20% or more of the pavement surface has been destroyed
or disturbed, final restoration shall consist of milling as designated
and final paving with a two-inch overlay of the entire pavement surface
width with hot mix asphalt 9.5M64 surface course, as defined in Section
401 of the above-listed specifications. All vertical seams shall receive
infrared treatment or as directed by the Borough Engineer.
[Amended 8-17-2023 by Ord. No. 1081]
(3)
Where less than 20% of the existing pavement surface has been
destroyed or disturbed, final paving shall be as follows: The existing
pavement shall be saw-cut back to a clean, straight line approximately
12 inches away from each side of the existing disturbed pavement,
and any material within one inch of the proposed surface shall be
removed and any depressions filled. Two inches of hot mix asphalt
9.5M64 surface course, as defined above, shall then be placed in the
prepared area. All vertical seams shall receive infrared treatment
or as directed by the Borough Engineer.
[Amended 8-17-2023 by Ord. No. 1081]
(4)
If it is determined, prior to release of the cash repair deposit,
by the Borough Engineer that the repair seams are not acceptable,
then the area shall receive an infrared treatment to create a seamless
repair, at the cost of the permittee.
[Amended 8-17-2023 by Ord. No. 1081]
D.
Within the limits of portland cement concrete roadways, all trench
openings shall be backfilled and compacted as previously required,
a satisfactory foundation prepared, the reinforcement restored and
the concrete pavement equal in thickness to that in place in the roadway
replaced with concrete as defined in Section 405 of the above-listed
specifications.
E.
Road openings and/or trenches involving unusual or special conditions,
including attachment to bridges, shall be restored in accordance with
and pursuant to the direction of the Borough Engineer.
F.
In the event that temporary paving, patching, final paving, or any
other aspect of the restoration process is not completed to the satisfaction
of the Borough Engineer, the Borough shall complete the restoration,
and the cost incurred shall be paid by the permittee or deducted from
his deposit. If the cash repair deposit is insufficient, the permittee
will be billed for the balance with payment due within 30 days.
[Amended 8-17-2023 by Ord. No. 1081]
[Added 11-2-2017 by Ord.
No. 982]
A.
Materials, measuring, mixing, preparation of the foundation forms,
joints, depositing of concrete, finishing, curing and protection are
to be in accordance with the current New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction or the latest
revision thereof.
B.
All sidewalk, driveway apron, curb, gutter, or other right-of-way
improvements shall be constructed in accordance with standard construction
detail established by the Borough Engineer.
C.
The contractors shall be required to confer with the Borough Engineer
before starting any work, and further shall not be permitted to pour
any concrete until the Borough Engineer has checked and approved the
forms for alignment and grade.
D.
For the installation of curb or sidewalk in the Borough, forms shall
be of wood or metal, straight, free from warp, of sufficient strength
to resist springing during construction and of a height equal to the
full depth of the finished curb or sidewalk. Wood forms shall be two-inch
surfaced plank, it being understood that dressed lumber of 1 5/8-inch
width is herein permitted (where sharpness of curvature does not permit
the use of two-inch material, plywood or fiberboard of lesser thickness
may be used with the permission of the Borough Engineer) or as provided
in the particular specifications for the job in question.
[Added 9-20-1984 by Ord. No. 493; amended 11-7-2002 by Ord. No.
758; 7-18-2019 by Ord. No. 1004; 8-17-2023 by Ord. No. 1081]
A.
Whenever the Borough Council enacts any ordinance
or resolution providing for the paving or repaving of any street,
the Borough Engineer shall provide a list of impacted streets to the
Borough Clerk, who 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.
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 issued. Nonemergency openings for roads
under moratorium shall be approved only by resolution of the governing
body.
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.
[Added 8-17-2023 by Ord. No. 1081]
If, by resolution of the governing body, a permit is authorized
to be issued by the Superintendent of Public Works to open any paved
or improved street surface less than five years old, a penalty charge
shall be made for the opening, except that the penalty fee shall be
waived by the Borough Engineer in the event the work is of an emergency
nature.
[Added 8-17-2023 by Ord. No. 1081]
A.
Penalty assessment: $1,000, plus $5 per square foot of area of road
cut.
B.
Penalty factor is 2% of the total of Subsection A above for each unelapsed month or fraction thereof of the five-year (60 months) moratorium period.
C.
Maximum penalty shall be 120% of the total penalty.
D.
Minimum penalty shall be $500.
E.
Inspection and permit fees are payable in addition to the penalty charges set forth herein pursuant to § 331-4B.
F.
No portion of the penalty charge shall be refundable and penalty
charges do not relieve the permit holder from the required performance
and maintenance cash bond or the required insurance.
[Added 8-17-2023 by Ord. No. 1081]
Repairs to roads under moratorium, both emergency and nonemergency,
shall consist of a two-inch milling and paving from curb to curb or,
where appropriate, edge to edge for the length of the repair. Infrared
treatment shall be placed on all edges of the milled area and over
the base course.
[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.
[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.
[Amended 8-17-2023 by Ord. No. 1081]
By applying for and accepting a permit, the
permittee indemnifies and saves harmless the Borough of Oceanport,
the Borough Engineer and their officers, officials, employees, agents
and servants from and against any loss, injury or damage results from
the sole negligence of the parties indemnified.
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.
[Amended 11-7-2002 by Ord. No. 758; 11-2-2017 by Ord. No. 982; 8-17-2023 by Ord. No. 1081]
A permittee, prior to the commencement of excavation, shall
furnish to the Borough Clerk satisfactory certificates of insurance
duly issued by an insurance company authorized to do business in this
state indicating that the permittee has in force and will maintain
in force, during the performance of the work and the period of the
permit, required. The Borough of Oceanport shall be named as additional
insured on all certificates of insurance provided. If the permittee
is not performing the work, the Borough Clerk will accept insurance
from contractors which meets the requirements of this subsection,
assumes the permittee’s contractual liability and names the
permittee and the Borough as additional insureds.
A.
The minimum amounts of insurance to be carried by the permittee shall
be as follows:
(1)
Workers' compensation and employers' liability insurance. The permittee
shall take out and maintain during the life of this contract adequate
workers' compensation and employers' liability insurance for all employees
employed in connection with the work, and in case any work is sublet,
the permittee shall require each subcontractor similarly to provide
workers' compensation and employers' liability insurance for the latter's
employees, unless such employees are covered by the protection afforded
by the permittee's insurance.
(2)
(4)
Owners protective policy. The permittee shall supply an owners protective
policy written in the name of the owner, the engineer, and their agents,
with limits of $1,000,000 bodily (BI) and $500,000 property damage
(PD). In lieu of this policy, the permittee may indicate on the comprehensive
general liability certificate of insurance the owner, the engineer,
and their agents have been named as an additional insured for this
contract.
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 Clerk for the consideration of the governing
body prior to the issuance of a permit.
[Added 9-20-1984 by Ord. No. 493; amended 11-7-2002 by Ord. No.
758]
