[Adopted 8-7-1984 by Ord. No. O:84-21 (Ch. 58 of the 1969 Code)]
No person, firm or corporation shall hereafter
open, dig up, excavate or disturb the surface of any part of the public
streets or highways of the Town of Phillipsburg without having obtained
a street opening permit as hereinafter provided.
A.
Application for permit must be made on standard forms
provided by the Engineer, must be filled out completely, and filed
with the Engineer, along with the required permit fee and other exhibits
that may be required.
B.
Drawings. The applicant shall file, along with the
permit form, appropriate drawings which show the following details:
(1)
Key map, showing schematically the location of the
proposed opening relative to surrounding streets or other key landmarks.
(2)
Existing facilities such as pavement, curbing, sidewalk,
driveways, drainage culverts and structures and utilities in the working
area.
(3)
Details of the proposed opening and work to be done,
including excavations, plan, profile and appropriate sections of the
opening and construction details.
A.
If all required exhibits and fees have been received
to the satisfaction of the Municipal Engineer, he will issue the opening
permit.
B.
Opening permits are not transferable.
C.
A permit may be renewed or extended for a period of
time not to exceed the total time of the original permit upon request
of the permittee and upon payment of a new fee.
D.
Work under the permit must be completed within 90
days from the date issued.
E.
Work will be done between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday.
Street opening permits shall be obtained in
the following manner:
A.
When the opening or excavation is less than 150 square
feet of surface for all persons, firms or corporations, except public
utility corporations operating under franchise in said Town:
(1)
Application, in writing, shall be made and signed
by the person, firm or corporation making the proposed street opening
or excavation to the Municipal Engineer, setting out the location
of the proposed opening or excavation; the size thereof and the purpose
therefor; such application shall be approved by the Municipal Engineer
and the proper fee collected by him and endorsed on the application.
(2)
The permittee shall further file an agreement, in
writing, to hold the Town harmless for any such loss and reimburse
the Town for any attorneys' and/or professional fees required in conjunction
with any claims made as a result of such opening or excavation.
[Amended 9-7-1993 by Ord. No. O:93-24]
(3)
The person, firm or corporation making and signing
the application shall comply with all the provisions of this article
as hereinafter set forth.
(4)
Fees for street openings less than 150 square feet.
(a)
The fees for such permit shall be as follows:
|
Type
|
Ordinary Openings
(per square foot)
|
Openings Within Five-Year Period Following
Reconstruction and Resurfacing
(per square foot)
|
|---|---|---|
|
Untreated or unimproved surface
|
$2.00
|
$2.00
|
|
Bituminous concrete
|
$5.50
|
$11.00
|
|
Bituminous concrete on concrete
|
$6.50
|
$13.00
|
|
Concrete pavement on surface
|
$7.00
|
$14.00
|
(b)
For excavations between December 1 and March
1 each year, an additional lump sum fee of $1,000 shall be submitted,
along with an additional $2 per square foot to each of the above-listed
figures.
[Amended 12-6-2005 by Ord. No. O:2005-44]
(c)
The total fee shall include a charge of $200
for one inspection by the Municipal Engineer or representative of
the Town of Phillipsburg. There will be an additional charge of $30
for each hour for inspections after 3:00 p.m. by a representative
of the Town of Phillipsburg.
[Added 5-2-1995 by Ord. No. O:95-17; amended 8-1-2000 by Ord. No. O:2000-27]
(5)
All persons, firms or corporations, including public utility corporations, granted a permit under the above schedule of fees shall, in addition to refilling the opening or excavation as provided in § 545-31 of this article, replace and repair the street surface with the same materials and in the same manner as the street originally was before the opening or excavation was made, unless, upon report and recommendation of the Town Engineer, a different material is recommended and such recommendation is approved by a majority of the Town Council.
[Added 9-7-1993 by Ord. No. O:93-24]
B.
When the opening is greater than 150 square feet of
surface, for all persons, firms, corporations and public utility corporations:
(1)
Application, in writing, shall be made and signed
by the person, firm or corporation making the proposed street opening
or excavation, to the Superintendent of Public Works, setting out
the location of the proposed opening or excavation, the size thereof,
the purpose therefor and the person, firm or corporation doing the
actual excavating work. Said application shall be approved by the
Municipal Engineer, the proper fee collected by him and endorsed on
the application.
(2)
Before the permit shall be issued by the Municipal
Engineer, the person, firm or corporation making the application shall
file a surety bond, issued by a surety company authorized to do business
in the state, in the amount of $3,000, covering the opening or excavation
set out in the application and any and all future openings and excavations
to be made in a calendar year. Said bond shall be conditioned upon
the permittee's compliance with this article and to indemnify the
Town for any loss, liability or damage that may result or accrue from
or because of the making, existence or manner of constructing or guarding
any such opening or excavation during the term of the bond.
(3)
Fees.
[Amended 5-21-1985 by Ord. No. O:85-7]
(a)
The fees for such permits shall be as follows:
|
Type
|
Ordinary Openings
(per square foot)
|
Openings Within Five-Year Period Following
Reconstruction and Resurfacing
(per square foot)
|
|---|---|---|
|
For 150 square feet or less (only in case of
public utility corporation)
|
$0.50
|
$1.00
|
|
For 150 square feet to 600 square feet
|
$1.00
|
$2.00
|
|
For 600 square feet to 1,000 square feet
|
$1.25
|
$2.50
|
(b)
The fee for street openings in excess of 1,000
square feet shall be a flat fee of $1,500 and $7,500 for those made
within a five-year period following reconstruction and resurfacing.
For excavations occurring between December 1 and March 1 of the each
year, an additional lump sum fee of $1,000 shall be submitted.
[Amended 12-6-2005 by Ord. No. O:2005-44]
(c)
The total fee shall include a charge of $200 for one inspection by the Municipal Engineer or representative of the Town of Phillipsburg. Additional inspection fees will be billed to the permit holder as per § 545-49 of this article.
[Added 5-2-1995 by Ord. No. O:95-17; amended 8-1-2000 by Ord. No. O:2000-27]
(4)
All persons, firms or corporations, including public utility corporations, granted a permit under the above schedule of fees shall, in addition to refilling the opening or excavation as provided in § 545-31 of this article, replace and repair the street surface with the same materials and in the same manner as the street originally was before the opening or excavation was made, unless, upon report and recommendation of the Town Engineer, a different material is recommended and such recommendation is approved by a majority of the Town Council.
[Amended 3-17-1992 by Ord. No. O:92-07]
(5)
The fee for street openings pursuant to this section
shall be waived in the instance whereby the Town shall require that
one must connect to the sewage disposal system, upon approval by the
Town governing body.
[Added 2-16-1988 by Ord. No. O:88-06]
C.
All utility companies shall post a continuous renewable
surety bond of $10,000 issued by a surety company authorized to do
business in the state. Said bond shall be conditioned upon the utility
company's compliance with this article and indemnify the Town for
any loss, liability or damage that may result or accrue from or because
of the making, existence or manner of construction or guarding any
such opening or excavation.
[Added 10-2-1990 by Ord. No. O:90-19]
[Amended 10-2-1990 by Ord. No. O:90-19; 5-18-1993 by Ord. No. O:93-12]
A.
The permittee assumes the responsibility of refilling
the excavation, as it may sink, consolidate or break out from time
to time, whether the repair be temporary or permanent, and of keeping
the surface level and smoothly blended with the surrounding undisturbed
pavement. After permanent repavement and approval by the Municipal
Engineer, the permittee shall be responsible for maintaining the opening
site for a period of five years or, in the case of newly paved roadways,
repaving, repairing damage, restoring turf or shrubbery, all as directed
by the Municipal Engineer when necessary, and, in the case of undue
trench settlement, the permittee may be required to reopen the trench
or excavation to ascertain the cause of undue settlement and to remedy
the fault, all as required by the Municipal Engineer.
B.
In order to assure performance of any and all maintenance
required in connection with the excavation, the permittee shall post
a maintenance bond for a period of two years or in the case of a newly
paved street for the life of the five-year moratorium or the maintenance
period of two years, whichever shall be longer, in an amount to be
determined by the Municipal Engineer. The bond may be reduced or released
upon recommendation by the Municipal Engineer.
[Added 9-7-1993 by Ord. No. O:93-25]
The Municipal Engineer shall provide each permittee,
at the time a permit is issued hereunder, a suitable placard which
shall be posted in a conspicuous place at the site of the excavation
work. It shall be unlawful for any person to exhibit such placard
at or about any excavation not covered by such permit, or to misrepresent
the number of the permit or the date of expiration of the permit.
A.
It shall be unlawful to make any opening or excavation
in any way contrary to or at variance with the terms of the permit
therefor.
B.
Proper bracing shall be maintained to prevent the
collapse of adjoining ground; and the excavation shall not have anywhere
below the surface any portion which extends beyond the opening at
the surface.
No injury shall be done to any pipes, cables
or conduits in the making of such excavations or openings, and notice
shall be given to the persons maintaining any such pipes, cables or
conduits, which are or may be endangered or affected by the making
of any such excavation or opening, before such pipes, cables or conduits
shall be disturbed.
A.
Backfilling in any street opened or excavated pursuant
to a permit issued hereunder shall be compacted to a degree equivalent
to that of the undisturbed ground in which the trench was dug. The
permittee will be required to backfill all excavations in layers not
to exceed six inches in depth, and each successive layer shall be
thoroughly compacted to maximum density. The entire trench shall be
backfilled with dense graded aggregate base course (quarry-processed
stone). Compacting shall be done by mechanical tampers or vibrators
or such other recognized method in the construction industry, as determined
by the Municipal Engineer. The permittee shall be required to maintain
the area of the street backfilled in safe traveling condition until
such time as permanent restoration of the surface is made.
[Amended 5-2-1995 by Ord. No. O:95-09]
B.
Frozen material shall not be used for backfill at
any time. All excavations shall be backfilled within a reasonable
time allowed for the work to be performed. The Municipal Engineer
shall notify the permittee when efficient time has elapsed. No permit
shall be issued for the opening or digging up of any street in the
Town between December 1 and March 1 of any year, for any purpose other
than repairing leaking or damaged water, gas, electric, sewer, telephone
or drain damage and then only with the consent of the Municipal Engineer.
No part of a trench or excavation shall be tunneled
or undermined excepting in such cases as may be approved by the Municipal
Engineer. The charges, however, shall be the same as if the surface
had been removed.
If the permittee fails to complete the excavation
work covered by the permit, including backfilling as set forth in
this article, within the time set by said permit, the Municipal Engineer,
if he deems it advisable, shall have the right to do all work and
things necessary to complete the excavation work. The permittee shall
be liable for the actual cost thereof and 25% of such cost in addition
for general overhead and administrative expenses.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any street breaks, bursts or
otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the person, firm or corporation
owning or controlling such sewer, main, conduit or utility, without
first applying for and obtaining an excavation permit hereunder, shall
immediately notify the Police Department and then take proper emergency
measures to cure or remedy the dangerous condition for the protection
of property, life, health and safety of individuals. However, such
person, firm or corporation owning or controlling such facility shall
apply for an excavation permit not later than the end of the next
succeeding day during which the Municipal Engineer's office is open
for business, and shall not proceed with permanent repairs without
first obtaining an excavation permit hereunder.
[Amended 5-2-1995 by Ord. No. O:95-09]
The existing pavement, blacktop or concrete
shall be cut in a straight line or lines, prior to any subsurface
excavation, which shall be confined to the area between the cuts.
If pavement, curbing, sidewalk or other surface construction becomes
damaged, ragged or zigzagged when it comes time to repave or replace
the facility, then the edges shall be cut or recut in a straight line
or lines, to the satisfaction of the Municipal Engineer, in general,
parallel to the lines of the excavated trenches and in a width sufficient
to accommodate the entire excavation and to create a smooth finished
appearance when the construction is completed. When cutting through
the reinforced concrete pavement, the saw-cutting will be done in
such a way as to permit the exposing of existing reinforcement, which
is not to be cut, but is to be exposed, retained and allowed to project
into the excavation at least 18 inches. These exposed bars will later
be reformed to tie into the patched concrete.
A.
After the width of excavation has been determined,
the outlines shall be marked on the pavement. A concrete saw shall
then be used to cut through the pavement before the excavation digging
machinery shall operate.
B.
The pavement on all sides of the opening shall then
be cut to a sharp line 12 inches beyond the edge of the trench or
as otherwise specified and all material removed to a depth specified
in the permit. Unless otherwise specified, a temporary pavement patch
of compacted bituminous materials shall be neither higher nor lower
than the existing pavement. Upon any further settlement, the trench
shall be brought to grade by adding more compacted temporary bituminous
material.
C.
Final restoration.
(1)
Final restoration, unless otherwise specified, shall
be made by removing the temporary materials to its full depth and
replacing it with bituminous stabilized base course, Mix I-2, four-inch
thickness, and bituminous stabilized base course, Mix I-5, two-inch
thickness. Prior to placing the bituminous concrete, the existing
pavement edges shall be painted using tack coat material. The finished
surface also shall be neither higher nor lower than the existing pavement.
If, in the opinion of the Department, the condition of the base course
is unsatisfactory, or undue settlement has occurred, the base course
shall be removed and replaced with new material in a like manner to
that required for the temporary pavement patch. The specific method
of restoration regarding individual utility opening permits shall
be delineated on said permits and accompanied by a related detailed
sketch.
[Amended 5-2-1995 by Ord. No. O:95-09]
(2)
After the bituminous pavement is installed, a bituminous
sealer, approved by the Municipal Engineer, shall be placed along
the perimeter of the trench where the new pavement meets the existing
pavement to prevent raveling. When the pavement abuts a curb, inlet
or manhole, the joint shall also be covered with a bituminous sealer.
The bituminous sealer shall be brushed on and have a minimum six-inch
width around the entire perimeter of the street opening. The sealed
area shall be immediately covered with a light application of acceptable
dry sand.
[Added 5-18-1993 by Ord. No. O:93-12]
(3)
In cases where there are large excavations or multiple
excavations on the same street, the portion of the street within the
limits of the excavations shall be resurfaced from the center line
to the curbline on the side of the street where the excavation occurred.
[Added 5-18-1993 by Ord. No. O:93-12]
(4)
All restoration work as hereinabove specified shall
be completed within 30 days following commencement of excavation work,
unless otherwise specified, in writing, by the Municipal Engineer.
[Added 5-2-1995 by Ord. No. O:95-09]
D.
The individual or firm to whom a permit is issued
shall assume all responsibility for the excavation made, for refilling
the same and for all damages that may arise by reason of the digging
of such excavations. The permittee shall have a qualified supervisor
at the site of the opening work during all working hours.
E.
Each permittee shall notify the Municipal Engineer
and all public utility companies which might have underground service
in the proposed location of the intent to perform excavation; notice
is to be given at least 24 hours prior to commencing any such excavation.
Any form of drilling and/or probing is considered excavation under
this section.
F.
Every permittee shall notify the Municipal Engineer
at least 24 hours prior to commencement of any excavations, backfill
or resurfacing operation and shall not commence work until inspection
and approval of that phase of the operation is given by the Municipal
Engineer.
[Amended 5-2-1995 by Ord. No. O:95-09]
G.
Any individual or firm that anticipates the possibility
of emergency excavation at times other than during regular office
hours shall advise the Municipal Engineer of such possibility and
shall make such arrangements as may be necessary to provide for such
emergencies.
H.
In the areas where blasting is permitted, such blasting
shall be performed only by a person or persons showing proper credentials
to be fully qualified to handle blasting materials and perform blasting.
The contractor shall assume the risk of and be responsible for all
blasting by him or under his supervision.
Whenever more of the public street shall be dug up than specified in any permit, the person to whom such permit shall have been issued shall secure from the Municipal Engineer an extension of the original permit and shall pay for the extra square feet of surface removed, over and above the amount specified in the original permit at the prices mentioned in § 545-26. In all cases where an extension of permit to cover such extra excavation shall not have been obtained within 48 hours of the time of making an extra excavation, such person violating the provisions of this section shall, in addition to paying the fees provided for in the extension of the permit, be subject to the penalties provided in § 545-48.
[Amended 5-18-1993 by Ord. No. O:93-12[1]]
Whenever, because of the length or extent of
any excavation or because of the number of streets in which the same
may be made, the Municipal Engineer shall deem it necessary to employ
an extra inspector to supervise the placing of material and refilling
the excavation, such inspector shall be paid by the person obtaining
the permit at a rate per day to be fixed by the Municipal Engineer.
In cases where it is necessary for the Town Engineer or the Town's
consulting engineer to inspect the site, the Town of Phillipsburg
shall be reimbursed by the permittee for the costs incurred by said
professional.
[Amended 9-7-1993 by Ord. No. O:93-26]
Whenever the Town Council enacts any ordinance
or resolution providing for the reconstruction or resurfacing of any
street, the Municipal Engineer shall promptly mail a written notice
thereof to each person, firm or corporation owning any sewer, main
or conduit or other utility in or under said street. Such notice shall
notify such persons, firms or corporations that no excavation permit
shall be issued for openings, cuts or excavations in said street for
a period of five years after the date of enactment of said ordinance
or resolution, except as set forth below. Such notice shall also notify
such person, firm or corporation that application for excavating permits
for work to be done prior to such paving or repaving shall be submitted
promptly (in order that the work to be done prior to such paving or
repaving shall be submitted promptly) in order that the work covered
by the excavation permit shall be completed as soon as possible and
in no event later than the date specified in the permit for the excavation
work therefor.
A.
Emergency. During the five-year period, an excavation
permit shall be issued to open, cut or excavate in said street if,
in the judgment of the Municipal Engineer, an emergency, as described
in this article, exists which makes it absolutely essential that the
excavation permit be issued.
B.
New construction or restoration. During the five-year
period, an excavation permit shall be issued to open, cut or excavate
in said street for the purpose of providing utility or other service
to a newly constructed residence or other newly constructed structure
adjacent to a newly paved street or for the purpose of providing utility
or their service to a preexisting residence or structure which is
being reconstructed and for which the reconstruction encompasses 60%
or more of the structure.
C.
Waiver. During the five-year period, an excavation
permit may be issued to open, cut or excavate in said street for the
purposes of providing utility or other service to a preexisting residence
or structure, but only upon application to the Town Council and for
good cause shown.
[Added 11-8-1995 by Ord. No. O:95-37; amended 3-5-1996 by Ord. No. O:96-03]
Each permittee shall conduct and carry out the
excavation work in such a manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce, to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris, and shall promptly remove from the street
all excess of excavated materials.
All persons, firms or corporations granted a
permit to make an opening or excavation in the public streets and
highways of the Town shall, at all times, maintain suitable barricades
and guards, display proper warning signals and flags and provide all
necessary watchmen to prevent injury to any person or damage to any
vehicle by reason of the work. Such barricades shall be protected
by adequate flashing warning lights from one hour before sunset until
one hour after sunrise. Streets and highways must be kept open for
traffic at all times except when otherwise ordered or approved by
the Municipal Engineer. The permittee will not be permitted to store
material or park equipment within the right-of-way except as necessary
during actual working operations and then only by permission by the
Municipal Engineer.
Prior to starting work on the opening, it shall
be the responsibility of the permittee to advise each nearby or adjacent
property owner, whose property will be temporarily inconvenienced
or disturbed by the project, when the work will be commenced and what
effect the work will have on the owner's use of his property. The
permittee will be solely responsible for any damage, inconvenience
or disruption to nearby or adjacent properties, and will save the
Town harmless from any claims arising from the conduct of work. It
will be the permittee's obligation and responsibility to arrange for
any rights of entry or easements needed. The permittee shall not store
tools, machinery, materials, dirt or debris on private property, nor
use water, electricity, telephone or other private facilities, without
first obtaining permission from the property owner.
Users of subsurface street space shall file
accurate drawings, plans and profiles showing the location and character
of all existing underground structures and installations with the
Municipal Engineer within two years after enactment of this article.
Corrected maps shall be filed with the Municipal Engineer within 60
days after installations, changes or replacements are made.
A permittee, prior to commencement of excavation
work hereunder, shall furnish the Municipal Engineer satisfactory
evidence in writing that the permittee has in force and will maintain
in force during the performance of the excavation work and the period
of the excavation permit public liability insurance of not less than
$50,000 for any one person and $100,000 for any one accident and property
damage insurance of not less than $5,000 duly issued by an insurance
company authorized to do business in this state.
The Municipal Engineer shall verify the extent
of the excavation or opening and shall inspect and generally supervise
the work.
[Amended 6-21-1994 by Ord. No. O:94-24]
All openings made and restored under terms of this article and any permits issued shall be subject to final release and acceptance in writing by the Municipal Engineer. No deposit money shall be returned or bond released until after said written release has been effected. This release will not normally be effected until the expiration of the twenty-four-month period specified in § 545-27.
This article shall not be construed as imposing
upon the Town or any official or employee any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder; nor shall
the Town 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.
Every person, firm or corporation found guilty
of violating any of the provisions of this article shall be liable
to a fine of not more than $1,000, or imprisonment in the county jail
of not more than 90 days, or both. Each succeeding day of violation
shall be construed to be a new violation.
[Added 10-2-1990 by Ord. No. O:90-19; amended 11-4-1993 by Ord. No. O:93-23; 5-2-1995 by Ord. No.
O:95-09]
The applicant who is issued the permit shall
be required, in addition to any other fees required in connection
with this article, to pay for professional review and consultation
fees and services associated with the review, processing and inspection
of the excavation and street restoration as performed by the Municipal
Engineer and/or representatives of the Municipal Engineer. Said fees
shall be billed by the Town directly to the permittee.
