As used in this article, the following terms
shall have the meanings indicated:
An urgent and immediate opening and repair operation required
to protect the health, safety and welfare of the general public from
the immediate hazards posed by a broken or leaking main, an eroded
and undermined structure, damaged utilities or other similar instance
involving a sudden and unforeseen hazard on a public street.
A corporate bond, performance bond, certified check or other
similar security acceptable to the City Solicitor which is furnished
by the applicant as a guaranty of good faith to perform and complete
the work, as described on the application and permit forms, to full
compliance with the construction standards contained herein and to
assure that any subsequent necessary repairs are accomplished as directed
by the City Engineer.
A commercial enterprise with utility services similar in
size and volume to those of an individual dwelling unit and which
has a limited number of employees and customers on the site.
Applies to an individual dwelling unit or small business
establishment installing, upgrading or replacing utility services
and not involving the extension of a main.
The provisions of this article shall apply to
all streets now or hereinafter dedicated for public use.
[Amended 5-28-2008 by Ord. No. 8-2008]
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb within the right-of-way of any municipal street within the City of Linwood for any purpose whatsoever without first securing a street opening permit therefor as hereinafter provided and without first filing a completed traffic safety permit application form with the City Construction Office. The completed traffic safety form will be examined by the City of Linwood Police Department, Traffic Safety Division, which will make all final determinations pertaining to traffic safety. Applications and permits will be issued by the City Construction Office. The requirements in this section shall also apply to emergency openings. In the event that an emergency opening is required, the entity requiring the street opening shall provide written notification to the Clerk of the City of Linwood, Linwood Police Department, Construction Official, and City Engineer prior to any work in the street right-of-way. Notification provided by facsimile is acceptable. This requirement shall apply at all times of the day regardless of the hours of operation of any office listed above. Failure to provide notification shall be subject to fines established in §241-19.
A.
Application for permission to make any street opening
between the curblines, driveways or in any sidewalk area shall be
made to the City Construction Office. 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.
B.
A fee of $100 shall be paid to the City Clerk c/o
the City Construction Office prior to the issuance of the permit for
all excavations of less than or equal to six square yards. If said
area to be opened, disturbed or undermined exceeds six square yards,
the additional yardage shall be classified as "excess yardage," and
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 to be opened, disturbed or undermined by
the applicant shall be measured and determined by the applicant and
approved by the office of the City Engineer.
D.
Inspection is required for installation of new and
replacement of existing underground utility mains (i.e., water, gas,
cable, telephone, storm sewer, sanitary sewer, etc.) as well as the
restoration of City streets associated with said utility installation.
An inspection fee deposit shall be paid by the applicant to the City
Clerk. The amount of the deposit shall be equal to the application
fee as calculated above.
E.
Applications shall also be required for the installation
of utility poles and related construction work within the street right
of limits. Permit applications and accompanying sketches must be submitted
for approval; the permit fee may be waived at the discretion of the
City Engineer if the intended work is not adversely impacting upon
the existing improvements.
F.
A public utility company or authority may post an
inspection escrow with the City Clerk if said utility company or authority
anticipates multiple applications for street opening in a calendar
year. The amount of the initial escrow deposit shall be jointly determined
by the applicant, City Engineer and City Construction Office. The
posting of an inspection escrow shall not relieve the applicant of
the responsibility to make individual applications for street openings
or pay the appropriate application fees.
The utility shall give written notice to the City Construction Office of all openings within the street rights-of-way which it desires to open. The City Construction Office shall issue a permit to open said streets or sidewalks in accordance with those conditions as outlined in § 241-9.
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 or hardship as described below. 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.
A.
Emergency opening. In the event that an 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 Construction Office and City Engineer, and if the City Construction Office and City Engineer 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 established in § 241-19.
[Amended 5-28-2008 by Ord. No. 8-2008]
B.
Hardship condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to § 241-10 above, the City of Linwood may grant relief if all of the following conditions are met:
(1)
A letter addressed to the City, c/o City Clerk, is
received detailing the hardship and necessity of opening the street
in lieu of waiting the prescribed period of time.
(2)
Upon receipt of the letter, a public meeting date
will be set for the City to take formal action.
(3)
The property owner making 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.
(4)
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:
(a)
Identify the property by street address and
block and lot.
(b)
State the reason for the hardship.
(c)
State the type and size of the utility opening.
(d)
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.
(e)
State date and time of public meeting.
(f)
Be approved by the City Clerk prior to mailing.
(g)
The City 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.
(h)
A request which included the extension of a
utility main shall not be considered and will be automatically denied.
(i)
A request based solely on economic savings shall
not be considered and will be automatically denied.
C.
Roadway restoration.
(1)
In the event that an emergency or hardship 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 six-inch dense graded aggregate base
course, and a six-inch bituminous stabilized 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
90 days unless otherwise directed by the City Engineer. The final
surface course shall be a two-inch bituminous concrete surface course,
Mix I-5. See detail at end of chapter.[1]
[1]
Editor's Note: Said detail is on file in the
office of the City Clerk.
(2)
Trench restoration may be permitted under special
circumstances, and at the option of the City of Linwood and City Engineer,
for openings having a minimum impact on the longevity and serviceability
of the street in question. See detail at end of chapter.[2]
[2]
Editor's Note: Said detail is on file in the
office of the City Clerk.
(3)
The City Engineer may allow, at his discretion, other
means of restoration which in said Engineer's opinion are deemed to
have a minimal impact on the serviceability and longevity of the street
in question.
The City Construction Office, upon receipt and
examination of the application and the fee referred to hereinabove,
shall issue a permit under its hand for the excavation. It shall specify
on the permit that it is good for a thirty-day period from the date
of issuance. It shall further specify on the permit that such work
shall be completed and restored within 48 hours after work is commenced
or within a duration of time which in its opinion is reasonable and
fair. The applicant shall notify the City Engineer 24 hours before
the commencement of any work so that appropriate inspection can be
made where required.
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 condition as it was before the excavation was commenced. Except
as otherwise herein stated, all street work performed shall be in
accordance with the applicable provisions of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction
- 2001 and as amended. Reference to articles or sections hereinafter
refer to said state highway specifications.
(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 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. See detail at end of chapter.[1]
[1]
Editor's Note: Said detail is on file in the
office of the City Clerk.
(3)
Bituminous concrete street restoration specifications
shall be as follows:
(a)
A soil aggregate base, Type I-5, shall be installed
six inches thick. 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 NJDOT requirements for I-5 materials. The City Engineer
may, at his discretion, submit samples of the soil aggregate for a
gradation analysis, with the costs of said analysis borne by the applicant.
(b)
Temporary restoration.
[1]
Less than 100 square feet. 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 adjacent paved
surfaces, and a four-inch lift of stabilized base course, Mix I-2,
followed by a two-inch lift of a bituminous concrete cold patch installed
to grade.
[2]
Greater than 100 square feet. 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 stabilized base course,
Mix I-2, shall then be installed to grade.
[3]
These temporary surfaces shall be left in place
for a period of not less than 90 days to allow sufficient settlement
to occur. Should settlement continue to occur, the City Engineer shall
determine when the work is acceptable for final restoration. The permittee
shall be responsible for all maintenance deemed necessary by the City
Engineer until such time as the final restoration is completed.
(c)
Final restoration.
[1]
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 bituminous concrete surface
course, Mix I-5, shall then be placed to a level even with the existing
road grade.
[2]
Greater than 100 square feet. 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 bituminous concrete surface
course, Mix I-5, being placed to a level even with the existing road
grade.
[3]
The use of infrared paving technology is encouraged
on all openings.
[4]
The use of infrared paving technology may be
required at the sole discretion of the City Engineer if said Engineer
determines that use of such technology would promote the longevity
and serviceability of the street in question.
(d)
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.
(4)
If multiple excavations are required by the same utility
within 100 feet, or a new or existing utility main is constructed,
reconstructed, repaired, replaced, or extended for a length exceeding
50 linear feet, the final restoration will require a minimum of 1/2
width of the cartway. The area resurfaced shall be milled to a depth
of two inches to a distance of at least 12 inches beyond the limits
of the furthest excavations from the center line of the cartway to
the curbline. (See detail at end of chapter.[2]) All edges shall be coated with an asphaltic tack coat
prior to a two-inch lift of bituminous concrete surface course, Mix
I-5, being placed to a level even with the existing road grade.
[Amended 5-28-2008 by Ord. No. 8-2008]
(a)
If the same utility makes repeated excavations
on the same block of the same roadway for any reason, this section
shall also apply.
(b)
The City Engineer, at his sole discretion, may
allow alternate methods of restoration in lieu of a half-width pavement
restoration.
[2]
Editor's Note: Said detail is on file in the
office of the City Clerk.
(5)
Any opening crossing perpendicular to the center line
of the road will require a full-width restoration to the surface for
an additional width of two feet on each side of the disturbance. Any
opening crossing nonperpendicular to the center line will require
a full-width restoration to the surface from a point measured parallel
with the center line two feet from the farthest point of disturbance.
(6)
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 design strength of
3,700 psi.
(b)
It shall have a minimum thickness of not less
than four inches for sidewalk, six inches for driveway aprons and
eight inches for gutter.
(c)
It shall have a minimum width of not less than
four feet for sidewalks.
(d)
It shall have control joints not more than five
feet for sidewalk and 10 feet for curb and gutter; and expansion joints
not more than 20 feet for sidewalk, curb and gutter.
(e)
Driveway aprons shall be reinforced with six-inch-by-six-inch,
10-gauge A36 steel wire mesh.
(7)
If an opening occurs in an area which does not have
a pavement surface, the applicant is required to restore the given
area with a minimum of eight inches of gravel.
(8)
If an opening occurs in an area typically reserved for sidewalks, but has none at the time of the opening request, it is required to be restored with as called for in § 241-13A and also shall include an installation of four inches of topsoil with a finished application of sod.
(9)
All exploratory holes shall be repaired as directed
by the City Engineer.
B.
By the acceptance of such a 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 one year from the time the surface thereof
is restored.
Before any permit is issued for any work in
a public street, certain performance and maintenance sureties are
to be posted with the City Clerk.
A.
Performance surety.
(1)
The performance surety shall be in the form of either
a corporate guaranty bond or a surety guaranty bond issued by a company
authorized to do business in the State of New Jersey, in a form satisfactory
to the City Clerk and in the penal sum of 100% of the full amount
of the total estimated construction costs. A certified check drawn
in favor of the City of Linwood for the same amount (100% of the total
estimated construction costs) may be substituted for the performance
surety. The estimated costs of the proposed work shall be based upon
current market values, and said amount shall be prepared by the applicant
and approved by the City Engineer.
(2)
In lieu of the above-mentioned performance surety,
public utility companies or authorities may post an annual performance
surety for $10,000 or for an increased amount determined by the City
Engineer. The form of surety shall be approved by the City Solicitor.
B.
Maintenance surety.
(1)
In addition to the posting of a performance surety,
and as a condition to the release of same, the City of Linwood may,
at its discretion, require the applicant to post a maintenance surety
in the form of either a surety or guaranty bond issued by a company
authorized to do business in the State of New Jersey, in a form satisfactory
to the City Solicitor and in the penal sum of 15% of the performance
surety. A certified check, drawn in favor of the City of Linwood,
for the same percentage (15% of the performance surety) may be substituted
for the maintenance surety.
(2)
Public utility companies or authorities posting and
continually maintaining a performance surety in accordance with this
section will not be required to post a separate maintenance surety.
C.
The applicant shall be responsible for all maintenance
and repairs required at the site for a period of one year following
completion of construction.
A.
All applicants and their agents and employees are
required to be covered by a policy or policies of liability insurance.
Said insurance shall provide minimum single limit coverage for all
public liability and property damage in the amount of $1,000,000,
and the policy of insurance shall further name the City of Linwood
as an additional insured.
B.
A certificate of insurance that confirms the aforementioned
coverage and that specifically names the City of Linwood as an additional
insured shall be submitted to the City Construction Office whenever
a performance surety is posted.
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 fireplugs.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of debris, construction materials or other obstructions.
The following measures shall be taken to protect
the public and ensure their safety:
A.
When it is necessary to leave an opening unfinished
overnight or for an extended period of time, the applicant shall be
required to place barricades at and along the opening. The barricades
or protection devices shall identify the name of the applicant and
a telephone number by which the applicant can be reached. The applicant
shall be required to notify the City Police Department when an opening
is to remain unfinished.
B.
The number and placement of the barricades or protection
devices shall conform to the recommended standards as noted in the
Manual on Uniform Traffic Control Devices for Streets and Highways,
as published by the United States Department of Transportation, Federal
Highway Administration, latest edition, as amended. All methods of
protection shall require flashing devices.
C.
All applicants shall be required to contact the New
Jersey One Call Utility Opening Service, at 1-800-272-1000.
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.
The applicant shall also save and hold harmless the City against any
and all liability incurred by the City as a result of the negligence
of the applicant, or its agents, servants or employees, in making,
grading or filling in the excavation permitted under the terms of
this article.
[Amended 5-28-2008 by Ord. No. 8-2008]
A.
Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction in the Municipal
Court of the City of Linwood, be punished for the first offense by
a fine of $1,000, be punished for the second offense by a fine of
$5,000, and be punished for the third and each subsequent offense
by a fine of $10,000. The Municipal Judge before whom any person is
convicted of violation of this article shall have power to impose
any fine. Nothing in this section shall be construed to relieve an
offender from the obligation to restore any street in accordance with
the provisions of this article. The Court may hold the violator responsible
for restitution to the City for any and all amounts expended by the
City to restore any street left in an unrestored condition by any
applicant.
B.
Enforcement of the provisions of this article is vested
with the Linwood Police Department, Code Enforcement Officer, Construction
Official, and/or City Engineer.
Street openings and excavations performed by
the City of Linwood or agents of the City of Linwood are exempt from
the provisions of this article.
