[HISTORY: Adopted by the City Council of
the City of Vineland 12-26-1989 by Ord. No. 89-104 (Ch. 241 of the 1990 Code). Amendments noted where applicable.]
For purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
- APPLICANT
- Any public or private utility company making written application to the City Engineer of the City of Vineland for an excavation or road-opening permit hereunder.
- EXCAVATION
- The excavation, opening or any other work performed under a permit and required to be performed under this chapter within the public right-of-way.
- PERMITTEE
- Any person who has applied for and been granted and has in full force and effect a permit issued hereunder.
- PERSON
- Any person, firm, partnership, association, corporation, municipality, company or organization of any kind.
- STREET
- Any street, highway, alley, avenue or any other public way or public ground in the City of Vineland and under control of the City of Vineland.
A.
It shall be unlawful, except in an emergency as set forth in Subsection B, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the City Engineer of the City of Vineland as herein provided:
(1)
To dig up, excavate, tunnel, undermine or in any manner
break up any street or public right-of-way.
(2)
To make or cause to be made any excavation in or under
the surface of any street or public right-of-way for any purpose.
(3)
To place, deposit or leave upon any street or public
right-of-way any earth or other excavated material obstructing or
tending to interfere with the free use of the street.
(4)
To perform any other operation on any street or public
right-of-way which in any manner interferes with or disturbs the surface
of such street or public right-of-way.
B.
In the event that any sewer main, conduit or other
utility installation in or under any street, alley or public way shall
burst, break or otherwise be in such condition as seriously to endanger
persons or property, the owner of such sewer main, conduit or other
installation shall immediately remedy such trouble and shall immediately
take all such necessary steps to make said location safe and secure.
Such owner shall not, however, begin making permanent repairs to such
street or alley until he shall have secured a permit as hereinafter
provided. Such permit shall be applied for within five working days
after such break or serious trouble shall have developed, and the
necessary permanent repairs to the street, public right-of-way, alley
or sidewalk shall be made as directed by the City Engineer and shall
be completed as soon as practicable, but no longer than 60 days, after
receipt of the permit.
A.
A written application for the issuance of an excavation
permit shall be submitted to the City Engineer. The application shall
state the name and address of the applicant; the location and dimensions
of the excavation; the purpose of the excavation; the estimated dates
of commencement, completion and restoration of the excavation, which
in no case will exceed a period of six months from date of application;
and such other data as may reasonably be required by the City Engineer.
The City Engineer may authorize an extension of said six-month time
period if there is justifiable cause, i.e., weather conditions, strike
or other unforeseen circumstances.
B.
The applicant has the additional responsibility of
obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4
to 2A:170-69.6[1] when the proposed excavation is located within 200 feet
of a gas pipeline, and all permits issued by the City Engineer are
subject to the issuance of said separate permit. The applicant is
further responsible for contacting all other local utilities to determine
whether any property or facilities of the utilities are located in
the vicinity of the proposed excavation site, and, if so, the applicant
is obligated to comply with statutes or regulations pertaining thereto.
[1]
Editor's Note: N.J.S.A. 2A:170-69.4 to 2A:170-69.6
were repealed by P.L. 1978, c. 95.
A.
Upon application and payment of the fees and deposits
for which provision is hereinafter made, the City Engineer, in his
discretion, may issue or deny a permit to excavate or open the surface
of any street or public right-of-way controlled by the City of Vineland,
within two weeks of receipt.
B.
No permit shall be issued for any street or right-of-way
for a period of five years after the completion of any construction
or reconstruction to it, except in an emergency situation, at the
discretion of the City Engineer.
C.
No permit shall be issued for any road which has been overlaid with bituminous concrete for a period of five years after completion of said overlay, except in an emergency situation or at the discretion of the City Engineer or the Mayor, as provided in § 341-15 of this chapter.
D.
In nonemergency situations, the City Council of the City of Vineland, by resolution, or the Mayor, pursuant to § 341-15 of this chapter, may waive the five-year restriction mentioned previously.
E.
The City Engineer has the discretionary power, in
the case of City streets which carry exceptionally heavy volumes of
traffic, to forbid an opening or tearing up or excavating of such
a road, except in the event of an emergency situation.
A.
Permits shall become null and void unless work is commenced pursuant to § 341-3A above. The City Engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
B.
The applicant shall give a twenty-four-hour notice to the City Engineer or his duly authorized representative prior to making any road openings, except in cases of emergency as provided in § 341-2B. No opening shall be commenced on a Saturday, Sunday or a holiday, unless in cases of emergency. If done, inspection must be paid for by the applicant at a rate set by the City.
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within six months as set forth in § 341-3A above. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the City Engineer.
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the City Engineer,
must be available for inspection at the work site and shall be exhibited
on demand to any duly authorized employee of the City or to any police
officer of the City of Vineland.
D.
Revocation of permit. The City Engineer may revoke
a permit for any of the following reasons:
(1)
Violation of any provision of this chapter or any
other applicable rules, regulations, laws or ordinances.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which
endangers life or property or which creates any condition which is
unhealthy, unsanitary or declared by any provision of this chapter
to constitute a nuisance.
E.
Modification of permit conditions. In a special case,
the City Council may, by resolution, impose special conditions to
which the issuance of the permit may be subject or may decide that
any provision of this chapter shall not apply or shall be altered.
[Amended 8-26-1997 by Ord. No. 97-64]
A.
Fees must be paid when the application is made. The
applicant shall be charged an application fee of $25 for each permit.
In addition to the application, the applicant shall post inspection
fees as follows:
(1)
Opening of an improved or unimproved road, opening in the right-of-way, behind the curb, or opening the unpaved shoulder in a public right-of-way. An applicant shall post a minimum fee of $50 per road-opening permit and shall be required to sign the statement to the effect that all reasonable costs by the City associated with the inspection of a road opening related to the permit shall be paid upon billing and proof of expenditure of the costs to the City. In all cases, the minimum road-opening fee shall be $50. Fees for road-opening permits in excess of $50 shall be based on § 341-7B.
B.
The road-opening-permit fee shall be charged by the
City Engineer for the issuance of a permit, which shall be in addition
to all other fees for permits or charges relative to any proposed
construction work. The permit fee shall be in an amount varying with
the size of the road opening and roadway typical section, as follows:
C.
Performance bond.
(1)
No permit shall be issued hereunder prior to the submission
of a performance bond in the amount of $90 per square yard of excavation.
This performance bond shall serve to guarantee that the road openings
will be properly closed and that the road, street or highway will
be satisfactorily reconstructed.
(2)
In the alternative, a certified check in the same
amount shall be provided with the application.
D.
Maintenance bond.
(1)
A maintenance bond shall be posted prior to the release
of the performance bond. The maintenance bond shall be equal to 10%
of the performance bond. This maintenance bond will remain in effect
for a period of two years. This bond may be in the form of a surety
bond, cashier's check or certified check. The purpose of the maintenance
bond is to guarantee to the City of Vineland that the permittee will
satisfactorily maintain the construction, excavation or road opening
for a period of two years.
(2)
A maintenance bond will not be required if the final
restoration is done by the county.
E.
A utility company may, in lieu of giving a separate
bond for each project, annually in January of each year, post a performance
bond or a corporate bond in an amount sufficient to encompass the
estimated work to be performed by said company during the calendar
year; provided, however, that when the openings of trenches exceed
the amount of the bond posted, additional bonds and/or cash security
will be required. Bonds which are based on automatic renewal shall
state the renewal date with the certificate of renewal filed with
the City.
F.
A utility company or authority may also name the City
as a coholder of its performance and maintenance bonds, provided that
they are of greater or equal value, in projects done by an outside
contractor.
G.
All checks and bonds under this chapter shall be submitted
to the City Engineer and shall be made payable to the City of Vineland.
Cash will not be accepted. The City of Vineland will hold performance
bonds until final inspection and maintenance bonds for two years after
final acceptance.
The applicant, upon securing said permit, agrees
that the City of Vineland, its officers, employees and agents will
be saved harmless from any and all claims of any nature arising out
of the construction of road- and street-opening work covered by said
permit and, further, that the City of Vineland, in issuing said permit,
shall not assume the liability in connection therewith. In the event
of any suit or claim against the City of Vineland by reason of the
negligence or default of the permittee, upon the City's giving written
notice to the permittee of such suit or claim, any final judgment
against the City requiring it to pay for such damage shall be conclusive
upon the permittee, and the permittee shall be liable for the City's
costs, together with attorneys' fees, in connection with such suits.
A.
Prior to performing any work under the permit, the
permittee shall deliver to the City Engineer a certificate of insurance
in the sum of not less than $1,000,000 combined single limit bodily
injury and property damage liability or a split limit of liability
in the amount of $1,000,000 bodily injury and $1,000,000 property
damage. The certificate of insurance should also indicate that bodily
injury and property damage liability coverage is provided for products
liability and/or completed operations. Where applicable, the permittee
shall demonstrate that the explosion, collapse and underground exclusion
has been removed from its insurance policy. The insurance carrier
will not cancel said insurance without giving the City of Vineland
at least 20 days' notice thereof in writing. The insurance policy
must remain in effect for a two-year period following completion or
be no less than coextensive with the life of the performance bond.
Further, the City Inspector shall sign a certificate of satisfactory
completion. However, said certificate shall not nullify the above
bond conditions.
B.
On projects done by outside contractors where a utility
company or authority is requiring a certificate of insurance greater
than or equal to the City's requirements, the contractor's policy
must name the City as an additional insured.
A.
The permittee shall take appropriate measures to assure
that, during the performance of the excavation work, traffic conditions
as nearly normal as practicable shall be maintained at all times so
as to cause as little inconvenience as possible to the occupants of
the abutting property and to the general public. The permittee shall
keep all street openings guarded at all times and shall have lights,
barriers and adequate safety devices as described in the Manual on
Uniform Traffic Control Devices maintained throughout the performance
of the work, and no greater part of any road shall be opened than
that specified in the permit.
B.
All persons, firms or corporations granted a permit
to make an excavation, opening or trench in the public streets and
highways of the City shall, at all times, maintain suitable barricades
and guards, display proper warning signals and flags, in accordance
with the current edition of the Manual on Uniform Traffic Control
Devices, or any supplemental or amendments thereto, and provide all
necessary watchmen to prevent injury to any person or vehicle by reason
of the work. Such barricades shall be protected by sufficient lights
at nighttime. Streets and highways must be kept open for traffic at
all times except when otherwise ordered or approved by the City Engineer
or Chief of Police. All excavations remaining open overnight shall
be further protected by an enclosure consisting of, as a minimum,
a snow fence. This regulation shall not excuse the permittee from
taking any other precaution reasonably necessary for the protection
of persons or property and shall not be deemed as authorization to
leave a street open when ordered to do otherwise by the City Engineer.
C.
All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. No public
right-of-way shall be closed to traffic without the prior consent
of the City Engineer and unless the closing is approved by the Director
of Public Safety. The Police Department shall be informed of all street
closings at least 48 hours in advance. In the event that a road is
closed, uniformed police may be required to act as traffic directors,
and the proper traffic control devices shall be erected and maintained
in accordance with standards described in the latest edition of the
Manual on Uniform Traffic Control Devices, as published by the Federal
Highway Administration. The permittee desiring to close a road to
traffic shall also notify the Fire Department, school board and postal
service. The permittee shall pay for all costs associated with uniformed
police service.[1]
D.
Where flagmen are deemed necessary, they shall be
furnished by the permittee at its own expense. Through traffic shall
be maintained without the aid of detours, and in the instances in
which this would not be feasible, the City Engineer will designate
detours. The City shall maintain roadway surfaces of existing roadways
designated as detours without expense to the permittee, but in case
there are not existing roadways, the permittee shall construct all
detours at its own expense and in conformity with the specifications
of the City Engineer.
E.
The excavation work shall be performed and conducted
so as not to interfere with access to fire stations and fire hydrants,
utility valves and maintenance. 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 piles of
material or other obstructions.
The following measures shall be taken to ensure
the safety and protection of the traveling public:
A.
Any portions of work areas not closed to traffic must
be temporarily patched with cold patch a minimum of two inches thick
and properly maintained until final paving is installed.
B.
The permittee shall erect and maintain suitable barriers
to confine earth from trenches or other excavations in order to encroach
upon roadways as little as possible.
C.
The permittee shall construct and maintain adequate
and safe crossings over excavations and across highways under improvement
to accommodate vehicular and pedestrian traffic at all street intersections.
D.
The permittee must call the New Jersey Utility Opening
Service at (800) 272-1000 and obtain clearances before beginning excavation.
E.
It is urged that all utilities be constructed with
a minimum of three feet of cover to provide protection for the utilities
in the event that future City street or public right-of-way reconstruction,
repair or modifications necessitate excavation, undercutting or installation
of facilities in the area where the utility is located. This location
will in no way relieve the utility owner of the responsibility of
relocating said utility at said utility owner's expense in case of
conflict with future construction, reconstruction or modification
of City-related facilities.
A.
All work shall be governed by the New Jersey State
Department of Transportation 1983 Standard Specifications for Road
and Bridge Construction, with all amendments and supplements except
as supplemented herein.
B.
No work shall be done in such a manner as to interfere
with any water main or sewer line or any connection with either of
the same from any building, unless that is the purpose of the excavation
or permission has been obtained in advance from the City Engineer.
No work shall be carried on in such a manner as to result in damage
or destruction of any property of the City of Vineland, unless this
is necessary for completion of the work and permission has been obtained
in advance from the City Engineer.
C.
For all openings:
(1)
The paved roadway surfaces shall be cut vertically
with a sharp tool on a straight line before excavating. The edges
of the opening shall be as square and clean cut as possible.
(2)
The material excavated from the trench opening shall
not be replaced as backfill unless specifically permitted by the City
Engineer.
(3)
All excavations shall be completely backfilled by
the permittee and shall be compacted by tamping or other suitable
means in a manner prescribed by the City Engineer. Where the City
Engineer determines that the excavated material is unsuitable for
backfill, the permittee shall backfill the excavation with sand, cinders
or other suitable material, which shall be placed in layers (not exceeding
six inches in depth) and thoroughly compacted in the manner prescribed
by the Engineer. Upon completion of the work, the permittee shall
remove any excess material and leave the premises in a clean condition.
If the Engineer determines that any backfilled excavation has settled
or caved in, he shall notify the permittee, who shall promptly continue
backfilling until the Engineer determines that settlement is complete.
(4)
Clean granular backfill shall be furnished from outside
sources and deposited in layers and compacted in such a manner and
by such matters as to achieve ninety-five-percent standard proctor
density throughout the entire backfill.
(5)
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete or pressure-grouted.
(6)
The uncompleted length of a road opening allowed under
a permit at any one time shall not exceed 50 linear feet, unless approved
by the City Engineer.
(7)
All openings must be backfilled immediately and final
pavement restored between 30 and 90 days.
(8)
All openings in roadside areas shall be backfilled
and leveled with clean granular material to within four inches of
the adjacent grade. After proper settlement, four inches of topsoil
shall be placed and the area fertilized and seeded. Mulching shall
also be placed when directed by the City Engineer. Should proper growth
not be achieved, the area will be reseeded as necessary.
(9)
Road openings and/or trenches involving unusual or
special conditions shall be restored in accordance with and pursuant
to the direction of the City Engineer.
(10)
Any opening or restoration procedure which is
not in conformance with the technical specifications listed in this
chapter must be approved by the City Engineer.
(11)
Upon completion of work, the applicant will
request a final inspection by the City Engineer. If work is completed
in a satisfactory manner, a certificate of satisfactory completion
will be signed. Upon the signing of this certificate and the delivery
of a maintenance guaranty to the City Engineer, the performance guaranty
will be returned.
(12)
In any case where the contractor has not complied
with these regulations to the satisfaction of the City Engineer, the
Engineer, without notice, may cause the work to be done, and the cost
shall be charged against the bonding company.
(13)
Where openings are made in a roadway, disturbing
more than 25% of the roadway, the entire roadway width shall be overlaid
with a two-inch and variable thickness of FABC-1, Mix 5, pavement
applied to the entire length of the disturbed area and rolled in place
to obtain a smooth pavement surface.
(14)
The City Engineer may, in his discretion, waive
the paving of the entire roadway in cases where less than 50% of the
roadway is disturbed.
(15)
All traffic control devices, i.e., signs, stripes,
etc., removed as a result of said permittee's street opening shall
be replaced in conformance with the Manual on Uniform Traffic Control
Devices, to the satisfaction of the City Engineer, upon final restoration.
(16)
All excess of excavated materials on any street
shall be promptly removed from the street by the person, firm or corporation
receiving the permit.
(17)
Dewatering.
(a)
The contractor shall furnish sufficient pumping
equipment at his own expense for satisfactory drainage whenever needed
in the trench and other excavations during the progress of the work.
(b)
All water pumped and bailed from the trench
or other excavation shall be conveyed in a proper manner to a suitable
point of discharge.
(c)
The flow in all sewers, drains and watercourses
encountered on the work, and in gutters alongside of or across the
work shall be entirely provided for, both temporarily and permanently,
as required, by the contractor and at his expense.
(d)
Hay bales or other methods approved by the Soil
Conservation Service shall be placed at inlets to prevent sand and
silt infiltration.
A.
Temporary restoration.
(1)
Temporary restoration shall consist of a two-inch
minimum compacted depth of bituminous cold-patch material placed on
the base material, brought to adjacent existing grade, and shall be
maintained by the permittee. During the months when hot-mix bituminous
concrete is commercially unavailable, the trench or excavation shall
be restored using 10 inches of gravel subbase and two inches of cold-mix
bituminous concrete, RR102-Fine, or its equal. The contractor shall,
to the satisfaction of the Engineer or his designated representative,
maintain the surface of the trench until permanent restoration is
made.
(2)
No permittee shall commence the final restoration
of any street foundation or surface until the settlement of the subsurface
is complete and the area is properly prepared for final restoration.
Should settlement continue to be inadequate, the City Engineer shall
determine when the work is acceptable for final restoration.
B.
Final restoration of oil and stone roadways.
(1)
For openings in gravel and oil and stone roads, clean
granular backfill shall be added. Eight inches of road gravel (soil
aggregate Type 1-5) shall then be added to a level 10 inches minimum
below the level of the adjacent paved surfaces. A two-inch minimum
depth of cold patch shall be placed on the base material as temporary
restoration only.
(2)
The permittee shall perform the final restoration
by removing the two-inch patch and replacing it with FABC-1, Mix-5,
rolled in place to obtain a smooth pavement surface. All joints between
the new and existing pavements shall be saw cut and sealed with a
tack coat.
C.
Asphalt pavement restoration, final.
(1)
As to asphalt pavements, before placing the base course,
the opening shall be cut back six inches beyond the perimeter of the
trench opening and a tack coat applied to all joints. The tack coat
shall be asphaltic oil Grade RC-0 or emulsified asphalt 2S-2 or equal.
At least one foot of backfill shall be quarry blend, except high-pressure
liquids, i.e., water mains or services, where eight inches of compacted
gravel (soil aggregate Type 1-5) will be acceptable. Where the existing
pavement depth is greater than two inches, the layer of crushed stone
[1 1/2 inches (quarry blend)] shall be installed at a twelve-inch
depth between the gravel and bituminous stabilized base course to
obtain a minimum depth for four inches bituminous stabilized base
course (I-2 or I-3) conforming to the standard specifications of the
New Jersey Department of Transportation.
(2)
For openings in newly constructed or reconstructed
(five years old or less) pavements, a four-inch minimum final layer
of bituminous stabilized base (I-2 or I-3) course shall be required
on all openings and two inches FABC surface course (I-4 or I-5) as
specified in the standard specifications of the New Jersey Department
of Transportation.
(3)
For openings in concrete or asphalt overlays on concrete,
reinforced Class C concrete shall be installed at a minimum thickness
of six inches or whatever is existing, whichever is greater. The concrete
shall be doweled into existing concrete with No. 6 rebars 12 inches
O.C. in all directions. If an asphalt overlay existed over the concrete,
then the identical thickness of bituminous stabilized base course
shall be placed over any new concrete repairs.
D.
If the work is not completed within the time specified
in the permit or any extension granted by the City Engineer or is
not performed in accordance with the regulations set forth in this
section and any other regulations that may be established by the City
Engineer, then the City may complete the work itself and restore the
surface of the street. The cost of completing the work and restoring
the street shall be charged to the permittee and may be recovered
without limit by an action in any court of competent jurisdiction.
E.
The applicant shall have 24 hours to effectuate repairs
to any opening when notified by the City Engineer. Prior to final
restoration, should the applicant fail to make repairs, repairs will
be made by the City, and all costs of said repair shall be borne by
the applicant. If payment is not made, the City will notify the applicant
of its intent to file against the bond.
A.
If more than three individual holes are required within
a twenty-foot length, a single trench must be used rather than the
individual holes. In no case will more than three individual holes
be permitted.
B.
The City shall periodically inspect all road openings
and the repair and resurfacing thereof for the purpose of determining
compliance with any conditions imposed on the issuance of the permit
and the specifications. The City may, upon the recommendation of its
inspector:
(1)
Order a temporary stop to any road opening.
(2)
Order that the applicant perform or correct specified
work in accordance with the directions of the City Engineer.
(3)
Order a stop to any work and revoke the permit, in
which event the City shall complete or cause to be completed the work
and declare the applicant's cash deposit forfeit or notify the applicant's
surety of an intent to file claim on the bond.
(4)
Correct any work after notification to the applicant
and the neglect or the refusal of the applicant to make corrections
as indicated and, upon doing so, declare the applicant's cash bond
forfeit or notify the applicant's surety of an intent to file a claim
on the bond.
(5)
Take any other action deemed reasonable under the
circumstances.
A.
If, by special permission of the Mayor or his designee,
a permit is issued 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 shall be waived in the event that the work
is of an emergency nature. The penalty charge shall be equal to 2%
of the cost of restoring the opening for each unelapsed month or fraction
thereof for the five-year restriction period.
B.
Example. For an opening made with 55 months left on
the moratorium, the total permit fee shall be calculated as follows:
|
Cost of opening: $975.
| |||
|
Penalty fee: (2% x 55 months) x $975 = $1,072.50
| |||
|
Penalty fee:
|
$1,072.50
| ||
|
Cost of opening:
|
$975.00
| ||
|
Application fee:
|
$15.00
| ||
|
Total permit fee:
|
$2,062.50
| ||
A.
The terms of this chapter shall not apply to a road,
street, avenue, highway or right-of-way within any subdivision approved
by the appropriate governmental bodies prior to the City of Vineland
having accepted the same for maintenance.
B.
In an appropriate case of an application of a public
utility for the installation, removal, replacement or maintenance
of utility poles in the right-of-way where the cartway will not be
disturbed, damaged or substantially affected and where said activities
will not create, constitute or result in a hazard or conditions detrimental
to the public health, safety and welfare, the City Engineer or his
designee may waive compliance by said utility with the terms of this
chapter as may be deemed inappropriate to the accomplishment of the
intent and purposes of this chapter.
C.
The City Engineer or his designee may waive compliance
with any of the terms of this chapter in the case of an application
by a federal, state, county or municipal governmental body, department,
agency or authority.
A.
B.
The municipality may withhold issuance of future permits
if the applicant has failed to restore prior street openings in compliance
with this chapter.
