[Adopted 8-6-2014 by Ord. No. 14-18[1]]
The following words, when used in this article, shall have the
meanings ascribed to them in this section except in those instances
where the context clearly indicates otherwise:
Any person who makes an application for a permit.
The Borough of Runnemede, County of Camden, State of New
Jersey.
The Clerk of said municipality or his or her duly authorized
deputy.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The person duly appointed Borough Engineer, his or her authorized
deputy, representative or inspector.
Any person who has been issued a permit and is obligated
to fulfill all the terms of this article.
Any natural person, partnership, firm, association, utility,
corporation or authority created pursuant to statute. Whenever used
in any section prescribing and imposing a penalty, the term "person"
as applied to associations shall mean the partners and members thereof,
and as applied to corporations, the officers thereof.
The New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction, 2007.
The public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Borough, and any state or county road over which
the Borough may have acquired jurisdiction by agreement.
It is unlawful for any person to tear up, dig into, break up,
displace or excavate any of the streets, sidewalks, curbs or gutters
in the Borough without first obtaining a permit therefor from the
Borough Clerk.
A.
The application for a permit to make an opening or excavation in any street shall be in writing, dated and signed by the applicant, and shall state the road or street proposed to be opened or excavated and the object and purposes thereof, and shall also indicate the exact location, by length, width and depth, of said intended excavation. The application for permit shall include a detailed Restoration Plan conforming to the requirements of § 326-31.
B.
In cases where the proposed opening involves construction of a longitudinal
pipe main serving more than one property, the Borough may also require
the applicant to submit plans showing the information required above
and also the relationship of the proposed installation to the existing
pavement, other utilities, the street right-of-way lines and any other
physical features which might be affected by the proposed construction.
C.
In cases where an applicant proposes multiple road openings on the
same street or a longitudinal pipe serving more than one property,
the Borough may require final restoration to be a complete mill and
overlay of the roadway, as determined by the Director of Public Works
or his designee.
[Amended 8-7-2019 by Ord. No. 19-10]
A.
Before the issuance of any such permit, the applicant shall deposit
with the Clerk of the Borough the following amounts:
(1)
A minimum deposit of $1,000 in cash or certified check, which shall
cover an excavation no larger than 30 square feet in area.
(2)
A minimum deposit of $2,000 in cash or certified check, which shall
cover any excavations greater than 30 square feet in area, but no
larger than 50 square feet in area.
(3)
An additional amount for all street openings in excess of 50 square
feet, to be computed as follows:
(a)
Paved streets, including concrete pavement or bituminous concrete
pavement on concrete or macadam base, $1 per square foot.
(b)
Paved streets, including bituminous concrete pavement on gravel
base, $0.75 per square foot.
(c)
Surface-treated streets, including bituminous surface treatment
on gravel or macadam base, and also including bituminous mixed-in-place
streets, $0.50 per square foot.
(d)
Gravel streets with no treatment or pavement, $0.25 per square
foot.
(4)
An additional amount, based on the unit prices in the preceding subsection,
if the area actually excavated exceeds that estimated at the time
application was made.
B.
The amount deposited shall be retained by the Borough for a period
of 18 months from the date of the reconstruction of the road, to guarantee
the proper performance of the work done by the applicant and the maintenance
thereof in good condition by the applicant for said eighteen-month
period.
[Amended 3-3-2015 by Ord.
No. 15-07]
A.
In addition to the above deposit, the applicant shall pay a nonreturnable
fee to be used to pay the cost of personnel employed to process the
application and permit and to inspect the work performed as follows:
(1)
Resident: A nonreturnable fee in the amount of $100 for each and
every proposed opening of not more than 100 square feet in area and
an additional sum of $100 is required for each additional area of
100 square feet or fraction thereof up to 300 square feet.
(2)
Business: A nonreturnable fee in the amount of $100 for each and
every proposed opening of not more than 100 square feet in area and
an additional sum of $100 is required for each additional area of
100 square feet or fraction thereof up to 300 square feet.
B.
In the case of openings which exceed 300 square feet, if at any time
it becomes evident that the fees are or will be insufficient to cover
the costs, the permittee shall pay to the Clerk such additional fees
certified by the Borough Engineer as required to meet the costs of
the processing and inspection.
C.
If the roadway in which the street opening is being made is less
than five years old since it was last paved and improved, the fee
will be $1,000 paid by all applicants for any permit for each opening
or excavation to any public street, roadway or highway in the Borough
of Runnemede. The repair work for the closing of the street opening
shall to allow for proper stabilization and surface to include the
use of infrared technology on joints within the excavation.
A.
Private applicants. When the amount of the deposit, as determined under § 326-21, would exceed $2,000 the applicant may, at his or her option, furnish a guaranty bond with corporate surety for the full amount of such deposit instead of making the required deposit. Said bond shall unconditionally guarantee that the applicant will make the proposed street opening, backfill same and restore the pavement in accordance with requirements of the Borough and maintain same for a period of 18 months from the date of the resurfacing of said road.
B.
Public utilities. When the applicant is a public utility as defined
by the statutes of the State of New Jersey, the Borough may accept
in lieu of the required deposits and fees previously set forth herein,
a guaranty bond to the Borough in the sum of $50,000. Such bond shall
guarantee payment of the amount that would have been deposited in
the event of failure of the applicant to comply with this article.
Such bond shall guarantee that the public utility will make the proposed
street opening, backfill the same and restore the pavement in accordance
with the requirements of the Borough. Such bond shall also include
a thirty-six-month guaranty. The Borough, at its option, may accept
a corporate bond. Where the estimated cost of restoration exceeds
$50,000, the public utility shall supply an additional bond to cover
such expenses. Said bond shall not be considered to be filed until
it is approved and accepted by resolution of the Borough Council.
In the event that, after proper filing of a bond by a public utility
as aforesaid, said public utility shall fail to abide strictly by
the provisions of this article, the Borough Council may, by resolution
and without prior notice to the public utility, revoke any privileges
for street opening which may have previously been granted under its
guaranty bond, and revoke said bond and return it to the public utility,
and require cash deposits for all future street openings made by said
public utility, as well as cash deposits for all openings not properly
restored as of the date of revocation of said bond. The public utility
must also pay a nonreturnable fee to be used to pay the cost of personnel
employed to process the application and permit and to inspect the
work performed in the amount of $100 for the first 20 square feet
or part thereof of any opening and $50 for each additional 15 square
feet or part thereof up to 300 square feet. In those cases where the
Borough Engineer, upon inspection, determines that the opening, based
on his or her experience and expertise, will be one out of the ordinary
due to the underground conditions or work involved, or where the proposed
opening involves construction of a longitudinal pipe main serving
more than one property, or in any case where the area to be opened
exceeds 300 square feet, or where the Director of Public Works or
his designee has determined final restoration to be a complete mill
and overlay of the roadway, applicant shall also pay the actual cost
of and any and all inspections.
[Amended 8-7-2019 by Ord. No. 19-10]
Nothing contained herein shall pertain when the applicant is
a contractor performing work for the Borough or for the Borough sewerage
utility.
When the applicant is a subdivider or site plan applicant, where
escrow funds or other suitable guaranty for complete reconstruction
of an existing road have been provided and where proper approvals
for all proposed work have been obtained, the Borough Council may
waive the requirements of this article.
Any person making any opening or excavation in any street in
the Borough shall carry out the work as expeditiously as possible
and in such manner as to cause the least possible public inconvenience
and to permit the use of the sidewalk by pedestrians, the roadway
by vehicles and the flow of water along the gutters.
All openings, diggings, excavations, piles of material, equipment
and barricades, including earth, dirt and stone or other materials
removed from the excavation, shall be carefully guarded at all times
to prevent accidents, and a sufficient number of lighted lanterns,
flares or torches shall be maintained between sunset and sunrise by
the contractor or persons to whom such permit has been granted, to
designate such openings or obstruction during the hours of darkness.
Where any excavation or trench is to extend across any road or street,
only one-half of the same shall be made at one time, and it shall
be properly backfilled before the other one-half is excavated so as
not to interfere with traffic.
All existing pavements, road surfaces, sidewalks, curbs, gutters,
pipes, manholes, drains, conduits or other installations or fixtures
and property likely to be injured, damaged or destroyed shall be properly
protected by the person doing any work for which a permit has been
granted, during the time when such work is being performed.
The work on any opening to be made under any such permit shall be commenced within 10 days from the date of such permit and the work prosecuted with due diligence to its completion. The permittee shall provide a twenty-four-hour notification to the Borough Clerk prior to opening a road in order to schedule inspection personnel. If for any reason work is not commenced within said period of 10 days, the applicant shall present the permit to the Borough Clerk, who shall thereupon either return the deposit required under § 326-21 of this article above or extend the time for the beginning of the said work for another period of 10 days by endorsement on the permit, and no permit so extended shall be valid unless the work thereunder is commenced within 10 days from the date of such endorsement. If work is not commenced within the extended period of time, the deposit required under § 326-21 of this article shall be returned to the applicant.
In the case of any opening which restricts vehicular traffic
to less than two ten-foot-wide travel lanes, excavation and backfill
shall be made within a single eight-hour period, except under special
occasions or circumstances where underground conditions or structures
warrant a longer period of time. In other cases, it shall be made
within one week's time, except where underground conditions or
structures warrant a longer period of time. Street openings shall
be resurfaced within the period of time designated by the Borough
Engineer or Highway Foreman or his or her designee at the time he
or she inspects the backfilling operation, having due regard to the
type of street involved and the volume of vehicular traffic which
uses the same. Prior to resurfacing, the backfill shall be maintained
in order to prevent depressions or bumps in the street surfaces and
suitable material shall be applied thereto to keep down dust.
A.
Whenever any sidewalk, curb or gutter is broken up or excavated,
it shall be restored to its proper condition as soon as practicable
by the person having broken up or excavated it, at his or her own
expense, to the satisfaction of the Borough Engineer or Highway Foreman
or his or her designee.
B.
In the event of an excavation involving the Borough sewer system,
the applicant must notify the Borough to inspect any excavation, including
any repairs before said excavation is backfilled. All backfilling
and restoration shall be done under the supervision of and in the
manner prescribed by the Director of Public Works or his or her designee.
Failure to call for inspections or failure to backfill and restore
in the manner prescribed by the Director of Public Works or his or
her designee shall result in the forfeiture of applicant's deposit
and may result in failure to issue subsequent permits.
C.
Any person making any opening or excavation shall resurface all such
openings and backfill them in accordance with the following procedure,
so that the roadway or surface is replaced in a condition as near
as possible as it was prior to the opening or excavation:
(1)
All fill material shall be deposited in layers not exceeding six
inches and each layer shall be rammed or tamped with pneumatic or
power-driven mechanical tampers approved by the Borough Engineer or
Highway Foreman or his or her designee.
(2)
Broken or crushed stone to be used in replacing the stone base shall
be cast in separate piles and kept clean and separate from other excavation
material and shall be carefully replaced to a minimum thickness of
eight inches. The stone base shall be tamped and keyed with mineral
filler.
(3)
When filled, the trench shall be level and flush with the finished
grade of the street adjacent to the opening. A temporary patch shall
be constructed by the permittee, consisting of two inches' compacted
thickness of cold patch material, Grade A or Grade B, as defined in
the standard specifications. The temporary patch shall be constructed
within 24 hours after tamping of the backfill. Permittee shall, to
the satisfaction of the Borough Engineer or Highway Foreman or his
or her designee, maintain the surface of the trench until permanent
restoration is made.
(4)
No permittee shall commence permanent surface restoration of any
street until the Engineer, his or her representative or the Borough
Highway Foreman has deemed that settlement of the subsurface is complete
and the area properly prepared for restoration. All foundations shall
be restored to a width six inches wider than the width of the excavation
and six inches longer than the length of the excavation. The street
surface shall be restored to a width six inches wider than the width
of the restored foundation and six inches longer than the length of
the restored foundation. All foundations and surfaces shall be restored
with the same type of material and to the same depth as existed prior
to making the excavation, in accordance with the requirements of the
standard specifications. The permittee shall furnish all materials,
equipment, tools and labor to properly construct a permanent pavement
to match the existing pavement in thickness or a six-inch (compacted
thickness) permanent pavement course, whichever is greater, in those
areas of the paved roadways or shoulders where the original pavement
has been removed, disturbed or destroyed by the construction activity.
The work shall consist of preparation of the subgrade, retrimming
the edge of trench and placement of the permanent pavement course,
using:
(a)
The materials and composition of mixture shall conform to the
requirements of Sections 903 and 904 of the New Jersey Department
of Transportation Standard Specifications of 1989.
(b)
The permanent pavement restoration shall consist of bituminous
base course to match existing in thickness, or a minimum of four inches
(compacted thickness) of bituminous stabilized base course, Mix I-2.
Top course shall be two inches' compacted thickness of bituminous
concrete surface course, Mix No. I-5 or I-4.
(5)
Permanent restoration with a concrete street or alley.
(a)
Whenever an opening is made in a pavement that has a concrete
base, the pavement shall be cut out 18 inches wider than the width
of the trench, that is to say, nine inches wider on each side thereof,
and the edge of the old concrete shall be beveled so as to make the
concrete cut four inches wider at the top than at the bottom. The
new concrete pavement or foundation shall be made three inches thicker
than the original concrete and shall be reinforced with three-eighths-inch
round reinforcing steel spaced six inches center or equivalent thereof.
(b)
Whenever an opening is made in a pavement that has a concrete
surface course, the pavement shall be cut out 18 inches wider than
the width of the trench, that is to say, nine inches wider on each
side thereof, and the edge of the old concrete shall be beveled so
as to make the concrete cut four inches wider at the top than at the
bottom. The new concrete pavement shall be made three inches thicker
than the original concrete and shall be reinforced with three-eighths-inch
round reinforcing steel spaced six inches center or equivalent thereof.
(6)
In cases where an applicant proposes multiple road openings on the
same street, the Borough may require final restoration of the surface
course to include a complete mill and overlay if the aggregate of
the openings exceeds 10% of the roadway surface area. Restoration
of the foundation and base course shall meet the requirements of this
section.
In the event that the permittee shall fail to properly excavate,
backfill or restore the street, sidewalk, curb or gutter involved
to its proper condition as soon as practicable and within three days
after the service or mailing of a notice from the Borough Engineer
so to do, then the Borough Engineer may cause such restoration to
be made and pay the cost thereof from said deposit, or, in case a
bond has been filed in lieu of a cash deposit, the Borough shall collect
the cost of such restoration from the permittee. If, during such period
of 18 months or, in the case of a public utility filing a guaranty
bond, three year, the filling of the opening shall require repairing
and the permittee shall fail to make such repairs as are required
within three days after the service or mailing of a notice from the
Borough Engineer so to do, then the Borough Engineer may cause such
repairs to be made and pay the cost thereof from said deposit, or,
in case a bond has been filed in lieu of a cash deposit, the Borough
shall collect the cost of such repairs from the permittee. When the
work has been completed in accordance with the requirements and regulations
as contained herein and as may from time to time be adopted by the
Borough to implement this article, the deposit, or such portion of
the deposit which may remain, will be refunded to the permittee.
A.
No ditch shall be dug within 10 feet of any street without first
obtaining the approval of the Engineer, which approval shall not be
given unless, in his or her opinion, the ditch will not endanger the
construction of the road which it will adjoin.
B.
No existing ditch adjoining a street and within 10 feet thereof shall
be excavated to a depth lower than that now existing without first
obtaining the approval of the Engineer, which approval shall not be
given unless, in his or her opinion, the lowering of the depth of
the ditch will not endanger the construction of the road which it
adjoins.
In the event of an emergency where circumstances will not warrant
delay to first secure a street opening permit, a street may be opened
without a permit; provided, however, that such opening shall be confined
in size to the area necessary to take care of the emergency. A street
opening permit for said emergency opening, plus any additional area
that it may be necessary to open, shall be secured before the close
of business on the next business day of the Borough following the
opening. Each day's delay in securing the street opening permit
following an emergency street opening shall be deemed a distinct and
separate violation of this article.
A.
The applicant shall maintain such insurance as will protect the applicant
and the Borough from claims under the Workers' Compensation Act[1] and from claims for damage to property and injury or death
to persons. Such property damage insurance shall be written for not
less than $25,000, and for personal injuries or death, not less than
$100,000 per person and $300,000 per occurrence. The Certificate of
Insurance shall be filed with the Borough Clerk naming the Borough
of Runnemede as the named insured, which coverage shall run to the
benefit of the Borough's officers, agents and servants.
[1]
Editor's Note: See N.J.S.A. 34:15-1 et seq.
B.
The applicant shall agree by acceptance and receipt of the permit
to save and indemnify and keep harmless the Borough against all liability
claims from accidents to persons or property arising from the road
opening or reconstruction of the road, and to defend any suit that
may be brought against the Borough relating to the opening of the
road or resurfacing of same.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalty as provided in § 1-15, General penalty, of this Code, in addition to paying the costs and expense of restoring such section to the condition in which it was prior to being disturbed.
