No person, firm, partnership, corporation, utility,
quasi-public body or other entity shall open, dig or excavate or direct
or cause any employee, agent or contractor of such person, firm, partnership,
corporation, utility, quasi-public body or other entity to open or
make any excavation or disruption of the surface of any street, highway,
road or thoroughfare of the Borough of Tuckerton until a written permit
for such opening, excavation or other surface disruption has been
duly issued by the Superintendent of Public Works of the Borough of
Tuckerton or his designee (secretary of the Office of the Construction
Code Official); provided, however, that in the event of any emergency
wherein 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
owning or controlling such sewer, main, conduit or utility, without
first applying for and obtaining an excavation permit hereunder, shall
immediately take proper emergency measures to cure or remedy the dangerous
conditions for the protection of property, life, health and safety
of individuals. However, such person owning or controlling such facilities
shall in such event apply for an excavation permit not later than
the end of the next succeeding day during which the Borough Clerk's
office is open for business and shall not proceed with permanent repairs
without having first obtained the necessary permit hereunder. In the
event of such emergency situation, the person owning or controlling
such facility shall immediately notify the Police Department of the
existence, nature and location of such emergency condition.
All surface restoration shall be in strict compliance
with the standards set forth herein, and all materials shall conform
with all applicable requirements of the Standard Specifications for
Road and Bridge Construction, 1983, and as amended by the latest addenda
of the New Jersey Department of Transportation, hereinafter referred
to as "Standard Specifications."
A. Bituminous pavement restoration. The restoration of
all bituminous surfaced roadways disturbed, opened, excavated or in
which trenches have been dug shall conform to the following pavement
types and thicknesses specified herein:
(1) Surface course. All surface courses shall be of bituminous
concrete, hot-mixed, Type FABC-1, N.J.D.O.T. Mix No. I-5, having a
compacted thickness of either 1 1/2 inches or two inches, as
required to conform to the pavement surface thickness of the pavement
or classification of road in which the restoration is to be performed.
The bituminous concrete surface shall be placed on a bituminous stabilized
base course as set forth herein. A tack coat conforming to the requirements
herein shall be applied to the base course prior to placement of the
surface course.
(2) Base course. A bituminous stabilized base course shall
be placed in a total compacted thickness of six inches in the trench
area and shall conform to all applicable requirements set forth in
the Standard Specifications for bituminous stabilized base course,
hot-mixed, Type CABC-2, stone mix Mix I-1 or I-2. The base course
shall be placed in a minimum of two lifts, each lift having a compacted
thickness of not greater than three inches, with the first lift being
compacted in accordance with the requirements of the Standard Specifications
before placing the succeeding lift of base course material. The bituminous
stabilized base course shall be placed on aggregate subbase course
conforming to the requirements set forth herein.
(3) Subbase course. A subbase course consisting of a minimum
compacted thickness of six inches of quarry blend stone conforming
to gradation Type I-5 or eight inches compacted thickness (minimum)
of soil aggregate (bank-run gravel) conforming to gradation type as
set forth in the Standard Specifications. A filter fabric of an approved
type and thickness shall be placed on the subgrade prior to placement
of the subbase.
B. Gravel surfaced roads. In the case of a gravel- or
soil-aggregate surfaced roadway, the minimum restoration thickness
shall consist of not less than the eight inches compacted thickness
of soil aggregate conforming to gradation type as set forth in the
Standard Specifications. A filter fabric or geotextile of an approved
type and thickness shall be placed over the subgrade prior to placement
of any soil aggregate or gravel surface course.
C. Sidewalks. Any concrete sidewalk disturbed, damaged
or disrupted as part of the trench opening shall be replaced with
concrete sidewalk conforming to all applicable standards of the Borough
of Tuckerton. All concrete shall be ready-mixed air-entrained portland
cement concrete conforming to all applicable requirements set forth
in the Standard Specifications for Class B concrete. All concrete
shall have a minimum compressive strength (twenty-eight-day) of not
less than 3,500 pounds per square inch. Expansion joints shall be
of a minimum thickness of 1/2 inch and shall be of the bituminous
cellular type conforming to the requirements of the Standard Specifications.
All sidewalk shall be placed on a soil aggregate base conforming to
the requirements specified elsewhere herein. All concrete sidewalk
shall have a minimum compacted thickness of not less than four inches,
and all base courses beneath sidewalks shall have a minimum compacted
thickness of not less than four inches.
D. Curb and gutters. Where concrete curbing and/or gutters
are disturbed, damaged or removed, curbing and gutters of the exact
configuration as the existing curbing and/or gutters shall be constructed.
Concrete shall be portland cement concrete (air-entrained) conforming
to the requirements of the Standard Specifications for Class B concrete
and shall have a minimum compressive strength of 4,000 pounds per
square inch after 28 days.
E. Topsoiled and unpaved areas. All topsoiled, seeded
or otherwise unpaved areas disturbed in the course of the work shall
be topsoiled with a minimum thickness of not less than four inches
of loan-type topsoil. Fertilizer, lime and all other soil conditioners
needed to promote the proper growth of grass shall be incorporated
and thoroughly worked into the topsoil. Seed or sod of the species
suitable for growth in the location and environment and conforming
to the requirements of the Standard Specifications shall be placed
in all unpaved areas.
F. Gravel shoulder areas. All shoulder areas disturbed
in the course of the trench opening shall be restored and graded to
provide and maintain the proper flow of drainage and to provide adequate
lateral support of the abutting pavement structure. The gravel material
shall be soil aggregate, Type I-6, conforming to all applicable requirements
of the Standard Specifications. The soil aggregate or gravel shall
be a minimum thickness of not less than eight-inch compacted thickness.
G. Concrete drive aprons. All concrete drive aprons disturbed
during the course of excavation or trench opening shall be replaced
in accordance with all applicable standards for concrete drive aprons
as set forth in the Tuckerton Borough Subdivision Ordinance and shall be constructed of portland cement concrete (air-entrained),
Class B concrete, having a twenty-eight-day compressive strength of
4,000 pounds per square inch and a minimum concrete thickness of six
inches, including the sidewalk area traversing the apron. The apron
shall be reinforced with welded-steel wire mesh having a mesh grid
pattern of six by six inches and being electrically welded construction
of ten-gauge steel wire.
The permittee shall bear all responsibility
for ensuring traffic safety and safety to the public in the trench
and work area at all times. The permittee shall also be responsible
for maintaining proper traffic circulation throughout the work area.
The permittee shall ensure compliance with all provisions herein or
as otherwise directed by either the Superintendent of Public Works
or the Police Department.
A. All barricades, signs, flasher units, cones, traffic
warning and direction devices, barrel delineators and all other devices
employed in traffic control, warning and direction in and around the
work area shall be in strict compliance with all requirements set
forth in the Manual for Uniform Traffic Control Devices, including
design, placement and maintenance.
B. It shall be the responsibility of the permittee to
erect and maintain at all times all required barricades, signs, warning
devices and all other items as required to maintain traffic safety
and circulation and public safety and convenience.
C. Flashers, reflective devices and other items required
to ensure visibility of the trench or work area in hours of darkness
shall be provided in strict compliance with all requirements set forth
in the Manual of Uniform Traffic Control Devices.
D. The permittee shall provide to the Superintendent
of Public Works and to the Tuckerton Borough Police Department the
names and telephone numbers of responsible individuals who can be
contacted on a twenty-four-hour-a-day, seven-day-per-week basis to
respond to an emergency involving the trench or street opening and
to replace or repair any defective, nonfunctioning, vandalized, stolen,
damaged or otherwise ineffective barrier, warning device, flasher,
sign, barricade or other device as required.
E. Should it be necessary to allow, for any period of
time whatsoever, a manhole casting, storm drainage inlet casting-value
box, traffic signal detector plates or other appurtenances in the
roadway, shoulder or sidewalk area to remain above the elevation of
the surrounding pavement, ground surface or sidewalk, barricades,
barrel delineators or other suitable devices provided with a flasher
unit shall be placed over the appurtenance and shall be secured to
prevent toppling or unauthorized removal or tampering and shall conform
with all applicable requirements of the Manual of Uniform Traffic
Control Devices for breakaway in the event of vehicle collisions.
If, in the opinion of the Superintendent, temporary pavement can be
placed around the appurtenance to alleviate the unsafe condition,
the permittee shall be required to place such temporary pavement in
accordance with all requirements specified herein and to properly
remove such pavement when the appurtenance has been set to proper
grade.
F. Should the permittee propose the use of road plates
or other temporary bridging, the specific approval for such items
shall be obtained, in writing, from the Superintendent.
G. No detours shall be implemented unless specific written
approval has been granted by the Superintendent and the Borough Police
Department. Prior to implementation or approval of any detour, the
permittee must submit a specific application to the Superintendent
and Police Department, such application shall include six copies of
a detour plan, indicating the following information:
(1) Location of detour, indicating the street from which
traffic is to be detoured and the streets of alternate route.
(2) The alternate route location.
(3) A signing plan, indicating the location of all signs
and details of all signs, including advance warning signs, traffic
direction signs and barricades.
(4) Placement of uniformed traffic control officers. Locations
of all traffic control officers, conforming to the requirements herein.
(5) Written narrative of the detour plan, indicating the
route of detour, the length of time the detour is to remain in effect,
any traffic control measures and the means to provide access to all
residences and businesses within the detour area.
(6) Evidence of notification of all agencies, including
but not limited to:
(a)
The volunteer fire company service of the district
in which the detour is located.
(b)
The first aid squad serving the district in
which the detour is located.
(c)
The Board of Education Transportation Coordinator
and Superintendent of Schools.
(e)
All other agencies as may be directed by the
Public Works Department.
H. Application for detour approval must be submitted
30 days in advance of the date of implementation of the detour. A
waiver of this requirement may be permitted if, by determination of
the Superintendent, a bona fide emergency condition exists.
I. Where the need for traffic control directors or flagmen
is indicated, all personnel shall be uniformed and shall have satisfactorily
completed all approved traffic control and traffic direction course.
All traffic control directors shall be equipped with all required
flags, safety attire and communication equipment as required by the
Manual of Uniform Traffic Control Devices and the State of New Jersey.
All traffic control directors shall be subject to the approval of
the Tuckerton Borough Chief of Police.
Any person, firm, corporation, utility, quasi-public
body or other entity granted a permit by the Borough of Tuckerton
to open or excavate a trench or other excavation or otherwise disrupt
the surface of any road, street, highway or public thoroughfare of
the Borough of Tuckerton shall accept, as conditions of the granting
of the permit, the following responsibilities:
A. All liability and responsibility arising from the
street opening covered by the permit, including liability arising
from the opening, construction operations, traffic safety and control
and restoration, holding the Borough of Tuckerton harmless from all
liability.
B. Compliance with all requirements set forth herein
or as otherwise directed by the Superintendent.
C. Notice to the Tuckerton Borough Department of Public
Works Superintendent, with a minimum of two working days' notice,
in advance of commencement of street opening work.
D. Notice to all utilities or other entities of the street
opening work as required by New Jersey Law.
E. Protect the health, safety and welfare of the public
at all times by employing all required traffic safety devices, warning
devices and other items required to maintain traffic safety and circulation.
F. Prevent, to the extent possible, the inconvenience
to the public due to road opening work and to maintain at all times
safe and efficient traffic circulation around the work.
G. Provide and maintain proper liability insurance coverage
for work operations, protecting and holding the Borough of Tuckerton
harmless from all suits arising from the road opening.
H. Provide and maintain safe working conditions for all
personnel and provide adequate workmens' compensation insurance holding
the Borough harmless from all suits arising from injuries sustained
by personnel in the course of the permittee's operations.
I. Maintain proper barricades, signs, warning devices
and all other traffic safety devices at all times.
J. Obey all instructions issued regarding the permit
issued by the Superintendent.
K. Post all required maintenance guaranties as required
and to repair any defects or failures in the restoration during the
period covered by the maintenance guaranty. The permittee shall ensure
that all repairs are carried out within two working days of notification
of restoration defects or failure by the Public Works Superintendent.
[Amended 11-7-1988 by Ord. No. 18-1988]
A. All work shall be subject to the inspection by the
Department of Public Works. The Superintendent of Public Works shall
reserve the right to inspect all work relating to the street opening,
including but not limited to the excavation, backfill, bedding, surface
restoration, restoration maintenance and traffic control and safety
measures. In the event that the Borough Superintendent of Public Works
shall at any time determine that any permittee has failed to comply
with any of the terms and conditions and requirements of this article,
the Borough Superintendent of Public Works shall have the right, in
his discretion, to rescind the written permit issued previously to
the permittee, and the permittee shall thereupon immediately cease
any and all excavation or restoration until such time as such permittee
shall have remedied such violation to the satisfaction of the Borough
Superintendent of Public Works.
B. All restoration work shall be subject to the review
and approval by the Superintendent of Public Works. No surface restoration
shall be considered to be complete or accepted until approved by the
Superintendent of Public Works. Once approved by the Superintendent,
notification will be given to the permittee. Release of the performance
guaranty will not be authorized until satisfactory posting or acceptance
of the maintenance guaranty conforming to the requirements of this
article.
C. In the case of road openings associated with projects
that have received either Tuckerton Borough Planning Board or Zoning
Board of Adjustment approval, as well as all projects of the Tuckerton
Municipal Utilities Authority, it shall be the responsibility of the
Borough Engineer to administer and enforce the provisions of this
article and to make the required inspections, approvals and determinations
otherwise entrusted to the Borough Superintendent of Public Works.
Upon the adoption date of this article, any
excavation, opening, trench or other disruption in the pavement of
any public road, street, highway or thoroughfare of the Borough of
Tuckerton which has been surfaced, resurfaced, constructed or reconstructed
after the effective date of this article shall be prohibited for a
period of five years from the date of the completion of such resurfacing.
The permittee, upon demonstration to the satisfaction of the Superintendent
of Public Works that a bona fide emergency condition exists, may seek
relief from this prohibition.
The permittee shall solely be liable and responsible
for any damages, injuries or claims resulting from the street opening
or restoration or in any connection related to the permit or the permittee's
operations and actions. Nothing in this article shall be understood
or construed by any permittee or other person as to absolve any permittee,
his employees, agents or contractors of any responsibility for any
damage or injuries suffered by any person or property in connection
with the opening or digging of any public road, street or highway
or thoroughfare.
Any person, firm, corporation, partnership,
utility, quasi-public body or other entity violating or failing to
comply with any of the provisions of this article shall, upon conviction
thereof, be subject to punishment by a fine of not more than $1,000
or by imprisonment for a term not to exceed 90 days, or by both fine
and imprisonment, in the discretion of the Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided for each separate offense.