[Adopted 5-11-2006 by Ord. No. 2006-7]
As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
Any person making written application to the Borough Clerk
for a street opening permit hereunder.
EXCAVATION
The digging, cutting, opening or any other work permitted
under a permit and required to be performed under this article.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
STREET
Any street, highway, sidewalk, alley, avenue, pavement, shoulder,
gravel base, subgrade, curb, gutter, including drainage structures,
utility structures, all other appurtenant structures, trees and landscaping
or any other public way or public ground in the Borough and under
the control of the Borough; the full width of the right-of-way, whether
paved or not, including all improvements within the right-of-way or
any unimproved areas.
The applicant, upon securing said permit, agrees
that the Borough of Chesilhurst 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 Borough
in issuing said permit shall not assume liability in connection therewith.
In the event of any suit or claim against the Borough by reason of
the negligence or default of the permittee, upon the Borough's giving
written notice to the permittee of such suit or claim, any final judgment
against the Borough requiring it to pay for such damage shall be conclusive
upon the permittee, and the permittee shall be liable for the Borough's
costs, attorneys' fees, experts' fees and court costs in connection
with such suit.
The following measures shall be taken to insure
the safety and protection of the traveling public.
A. All openings must be backfilled immediately and pavement restored in accordance with §
420-11.
B. If it is necessary to leave an excavation unfinished
overnight or for an extended period, the permittee shall place at
the site suitable barricades with appropriate lighting. The barriers
and lighting devices shall conform to the specifications set forth
in the United States Department of Transportation, Manual on Uniform
Traffic Control Devices, and any amendments thereto, except that the
permittee must place his name and a phone number where he can be reached
at all times. He shall also notify the Police Department of the condition
of the unfinished excavation and furnish the Police Department with
his name and a phone number where he can be reached at all times.
A minimum of four flashers must be used at the construction site or
along the right-of-way as required by the Borough Engineer or the
Police Department.
C. The permittee shall erect and maintain suitable timber
barriers to confine earth from trenches or other excavation in order
to encroach upon highways as little as possible.
D. 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.
Vehicular crossings shall be constructed and maintained of steel plates
or of plank, timbers and blocking of adequate size to accommodate
vehicular traffic safely. Timber decking shall be not less than four
inches thick and shall be securely fastened. Pedestrian crossings,
if of timber, shall consist of planking three inches thick, 12 inches
wide and of adequate length, together with necessary blocking. The
walk shall not be less than three feet in width and shall be provided
with a railing as required by the Borough Engineer.
E. All permittees must call the New Jersey Utility Opening
Service, at (800) 272-1000, and obtain clearances before beginning
excavation. Any utility companies that do not belong to this utility
opening service shall be contacted directly and all clearances obtained
prior to beginning any disturbance.
F. The permittee and contractor shall comply with all
OSHA regulations and with any other applicable laws in the performance
of the work.
The standard for materials and construction
methods shall be the New Jersey Department of Transportation (NJDOT)
2001 U.S. Customary English Standard Specifications for Road and Bridge
Construction, as amended.
A. Off-street rights-of-way restoration specifications.
(1) Fill.
(a)
Fill shall be clean with no organic content
and free of roots, stumps, asphalt and foreign objects. "Fill" shall
be defined as meeting the requirements of Section 204, Borrow Excavation,
of the NJDOT Standard Specifications.
(b)
Fill shall be compacted by vibratory equipment
or rolling equipment, where appropriate and as necessary to ensure
that the original grade is obtained.
(2) Surface.
(a)
In the case of a trench or opening in an earth
shoulder, the applicant shall restore the top four inches of the trench
with topsoil. The area shall then be fertilized, seeded and mulched
in accordance with current regulations as set forth by the Camden
County Soil Conservation District.
(b)
In cases where the shoulder material consists
of gravel, the applicant shall replace the material with eight inches
soil aggregate, Type I-5. The gravel shall be properly graded and
compacted to promote surface runoff of stormwater.
(c)
In cases where the applicant proposes a trench
in the unpaved shoulder that is parallel to the edge of paving and
results in an opening less than one foot horizontally from the edge
of paving, the applicant shall be required to mill and replace the
pavement of the road for a width of two feet from the edge of paving
if any crumbling, raveling, alligatoring, or other pavement failure
occurs as a result of the trench settlement.
B. Bituminous concrete street restoration specifications.
(1) Fill.
(a)
Trenches shall be backfilled in layers not to
exceed 12 inches, and a mechanical tamper must be used. Should there
be a deficiency of material, additional backfill material shall be
supplied. Whenever the Borough Engineer or his duly authorized representative
shall deem the material unsatisfactory for backfill, the permittee
shall provide acceptable material for the backfill.
(b)
Fill shall be clean with no organic content
and free of roots, stumps, asphalt, etc. Clay material shall not be
considered acceptable.
(c)
Ninety-five-percent compaction shall be provided
in fill areas through:
[1]
One foot over underground utilities and hand
tamping.
[2]
One-foot lifts individually compacted by hand
or mechanical tamping.
(2) Gravel. Gravel shall be installed six inches thick.
The gravel shall consist of compact soil aggregate, Type I-5. 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 Borough Engineer may, at
his discretion, submit samples of the soil aggregate for a gradation
analysis, with the cost of said analysis to be borne by the applicant.
(3) Temporary restoration.
(a)
Oil and stone roadways. For openings in oil
and stone roadways, the temporary restoration required will consist
of the installation of six inches of soil aggregate, Type I-5, to
a level 2 1/2 inches below the level of the adjacent paved surfaces.
A two-inch minimum depth of stabilized base course, Mix I-2, shall
be placed on the base material to a level 1/2 inch below the adjacent
paved surfaces.
(b)
Asphalt roadways.
[1]
Less than 100 square feet.
[a] In openings of less than 100 square
feet that are in asphalt roadways, the temporary restoration shall
consist of six inches of soil aggregate, Type I-5, to a level four
inches below the level of the adjacent paved surfaces. A four-inch
lift of stabilized base course, Mix I-2, shall be installed to grade.
[b] These temporary surfaces shall
be left in place for a period of not less than 30 days to allow sufficient
settlement to occur. Should settlement continue to be inadequate,
the Borough Engineer shall determine when the work is acceptable for
final restoration. The permittee shall be responsible for all maintenance
deemed necessary by the Borough Engineer until such time as the final
restoration is completed.
[2]
Greater than 100 square feet.
[a] For openings that are greater than
100 square feet but less than the disturbance in Subsection B(3)(b)[2][c],
in asphalt roadways, the temporary restoration shall consist of six
inches of soil aggregate Type I-5 to a level four inches below the
level of the adjacent paved surfaces. A four-inch lift of stabilized
base course, Mix I-2, shall then be installed to grade.
[b] These temporary surfaces shall
be left in place for a period of not less than 30 days to allow sufficient
settlement to occur. Should settlement continue to be inadequate,
the Borough Engineer shall determine when the work is acceptable for
final restoration. The permittee shall be responsible for all maintenance
deemed necessary by the Borough Engineer until such time as the final
restoration is completed.
[c] If the work done by the permittee
or the sum of all the permittees on a given roadway disturbs greater
than 30% of the given roadway or consists of a longitudinal opening
within one lane of a roadway, the permittee will be required to install
a one-and-one-half-inch minimum surface course overlay for the full
width of the roadway or lane to the total length disturbed. This temporary
overlay shall be installed within 14 days of the initial trench restoration.
The temporary overlay thus installed will remain in place to allow
for sufficient settlement to occur and be maintained in a safe running
condition until the final restoration is completed. Where the trench
or excavation was to depths of 10 feet or less, the overlay shall
remain in place for at least 90 days before completing the final restoration.
When the depth of excavation of the trench exceeded 10 feet, the temporary
overlay will remain in place for 180 days before completing the final
restoration. The final restoration of all trenches that require a
temporary overlay shall be completed within 30 days after the settlement
period has elapsed unless directed to wait for an additional period
of time by the Borough Engineer.
(c)
Maintenance of temporary restoration. All permittees shall be responsible for all temporary restoration until such time as the final restoration is completed. Upon notification from the Borough Engineer that the temporary restoration covered under the road opening permit is in need of repair, the permittee shall have seven days to correct all defects and restore the area(s) to an acceptable condition. Failure to respond within seven days will result in penalties being imposed in accordance with §
420-12.
(d)
Emergency openings. When an emergency opening as outlined in §
420-5C must be made in an asphalt roadway and a hot mix bituminous concrete cannot be obtained during the course of the emergency work, the applicant shall be permitted to use a cold mix emulsified asphalt (cold patch) as a temporary restoration for no longer than 48 hours. The applicant shall advise the Borough Engineer, in writing, if cold patch is used for temporary restoration.
(4) Final restoration.
(a)
Oil and stone roadways. The permittee shall
complete the final restoration in oil and stone roadways by capping
the existing stabilized base course with a one-inch lift of bituminous
concrete surface course, Mix I-5, to a level even with the adjacent
paved surfaces. A clean, straight edge shall be obtained prior to
the placement of surface course, and all edges shall be prepared with
a tack coat.
(b)
Asphalt roadways.
[1]
Less than 100 square feet. For openings less
than 100 square feet, the final restoration will involve the removal
of four inches of temporary stabilized base. All edges shall be saw
cut beyond the actual trench width disturbed to produce a clean edge,
and said edges shall be coated with an asphaltic tack coat. A four-inch
thickness of bituminous concrete surface course, Mix I-5, shall then
be placed, in two lifts, to a level even with the existing road grade.
[2]
Greater than 100 square feet.
[a] For openings greater than 100 square
feet, the trenches shall be milled to a depth of two inches to a distance
at least six 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. If the
location of the trench is such that it will result in a ribbon of
asphalt less than 24 inches wide between the edge of the final trench
restoration and the edge of existing paving, then the final restoration
shall be taken to the edge of paving.
[b] 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 Borough Engineer.
[c] If the work done by the permittee
or the sum of all the permittees on a given roadway disturbs greater
than 30% of the given roadway or consists of a longitudinal opening
within one lane of a roadway, the permittee will be required to perform
a two-inch minimum surface course milling and overlay for the full
width of the roadway or lane to the total length disturbed.
C. General restoration specifications.
(1) Whenever required by the Borough Engineer, pipes for
making opposite side hookups shall be driven or bored under the paved
portion of the road or street without disturbing the surface.
(2) Road openings and/or trenches involving unusual or
special conditions shall be restored in accordance with and pursuant
to the direction of the Borough Engineer or his representative.
(3) All damage done to adjacent elements of the street,
curbs, walks, catch basins, storm drains, landscaping, grass area,
etc., shall be immediately repaired by the applicant.
(4) All work shall be done with care and in a workmanlike
manner.
(5) The temporary restoration must be completed prior
to the opening becoming greater than the length of paving restoration
that can be accomplished in one workday. No trenches shall be left
open over a weekend or during any holiday period.
(6) If the work done by the permittee or the sum of all
the permittees on a given roadway disturb greater than 40% of the
given roadway or 50% of one lane of a roadway, the permittee will
be required to perform a two-inch minimum surface course milling and
overlay for the full width of the roadway or lane to the total length
disturbed.
(7) In lieu of the requirement of final paving of any
road opening, the Borough may require the applicant to contribute
the cost of the final paving to the Borough based on the Borough Engineer's
estimate of the improvement. If the Borough decides to accept the
money, in lieu of final paving, the permittee will be relieved of
any responsibility for final paving of the roadway, and the Borough
shall appropriate the monies collected in the capital budget and use
the money contributed to complete the final surface restorations that
are deemed necessary by the Borough Engineer. The permittee may also
petition the Borough Committee for the Borough to accept the responsibility
of final paving, if it so desires. Whenever an in-lieu payment is
required, payment must be made to the Borough Clerk prior to the issuance
of a permit. Notwithstanding the payment of an in-lieu contribution,
the permittee shall retain the responsibility to maintain the temporary
trench until such time as the Borough completes the final paving.
All estimates for final improvements will be determined by the Borough
Engineer based on the following range of unit prices, and other items
of work may be added by the Borough Engineer depending on the extent
of work required for final restoration.
|
Type
|
Range of Unit Prices
|
---|
|
Milling
|
$2 to $5 per square yard
|
|
1 to 5 surface course
|
$40 to $75 per ton
|
|
Shoulder restoration
|
$5 to $10 per linear foot
|
(8) The applicant must keep the work area clean each day.
The applicant must sweep the surrounding road surface to control dust,
mud, dirt, etc. The permittee shall also adhere to all requirements
of the Camden County Soil Conservation District at all times. If the
applicant does not comply, the Borough will perform the cleanup and
act on the performance bond for the cost.
(9) Upon completion of the work, the applicant will request
a final inspection by the Borough Engineer. If the work is completed
in a satisfactory manner, notification of satisfactory completion
will be sent to the Borough Clerk. Upon receipt of this notification
and receipt of the required maintenance guarantee, the performance
guaranty will be returned by the Borough Clerk, where and when applicable.
In the case of utilities or other entities who are permitted to post
a general annual performance bond or lump sum guarantee against multiple
permits, the applicant shall be required to control the number of
permits open at any one time. These applicants shall be required to
submit a quarterly report to the Borough Engineer showing the status
of all pending permits and identifying those permits where the final
restoration has been completed.
(10)
In any case where the contractor has not complied
with these regulations to the satisfaction of the Borough Engineer
or his representative, the Engineer, without notice, may cause the
work to be done, and the cost shall be deducted from the performance
bond made by the applicant.
(11)
The time limit for all permits will be determined
by the Borough Engineer based on the nature of the work to be completed.
(12)
All permittees are required to send notice that
the work covered under their permit has been completed in accordance
with the applicable section(s) of this article on a form to be provided
with the road opening permit.
D. Specifications for opening streets under a moratorium.
(1) If it is necessary to open a street subject to a moratorium as defined under §
420-4B, the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.
(2) The distances in either direction of the opening will
be determined by the Borough Engineer based on the proximity to other
roadways or utility concerns. In most cases, final pavement restoration
will encompass 50 feet in both directions of the opening for the full
width of the existing road. The Borough Engineer may allow resurfacing
to the center line of the road only if the opening is completed within
one lane and does not involve disturbance across the center line.
(3) Temporary and final pavement restoration shall be completed in the same method as indicated in §
420-11B except that milling will entail the full length and width that must be repaved.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to a fine
not exceeding $2,000, imprisonment for a period not exceeding 90 days
and/or a period of community service not exceeding 90 days.