[Adopted by Ord. No. 8-1997 (Ch. 12.24 of the 1996 Municipal Code)]
[Amended 10-15-2019 by Ord. No. 14-2019]
No person shall dig up, break, excavate, tunnel, undermine or
in any manner break up any street or cause to be made any excavation
in or under the surface of any street for any purpose or place, deposit
or leave upon any street any earth or other excavated material obstructing
or tending to interfere with the free use of the street, unless such
person has first obtained an excavation permit therefor from the Public
Works Department as provided in this article.
B.
This application shall also be accompanied by plans showing the extent
of the proposed excavation work, the dimensions and elevation of both
the existing ground prior to the excavation and of the proposed excavated
surfaces. Other data relative to the excavation may be required by
the Public Works Department.
[Amended 10-15-2019 by Ord. No. 14-2019]
[Amended 10-15-2019 by Ord. No. 14-2019]
Before an excavation permit is issued, the applicant or his/her
agent shall deposit with the Public Works Department a surety bond
in the amount of $5,000 payable to the City.
A.
The required
surety bond shall be:
(1)
With good and sufficient surety.
(2)
By a surety company authorized to transact business in the state;
or a public utilities corporation whose bond has been approved by
Common Council.
(3)
Satisfactory to the City Solicitor in form and substance.
(4)
Conditioned
upon the applicant's or his/her agent's compliance with this
article and to secure and hold the City and its officers harmless
against any and all claims, judgments or other costs arising from
the excavations and other work covered by the excavation permit or
for which the City, the Common Council or any City officer may be
made liable by reason of any accident or injury resulting from the
negligence of the applicant or his/her agent. The bond shall be further
conditioned to fill up, restore and replace all openings and excavations
made in streets in as good and safe condition as near as possible
to their original condition, in accordance with the standards, methods
and requirements of construction and resurfacing, as set forth in
this article, and to maintain any street where excavation is made
in as good condition for a period of 24 months after the work has
been completed, usual wear and tear excepted. Any settlement of the
surface within the two-year period shall be deemed conclusive evidence
of defective backfilling by the applicant or his/her agent.
B.
Recovery on such bond for any injury or accident shall not exhaust
the bond but it shall, in its entirety, cover any or all future accidents
or injuries during the excavation work for which it is given. In the
event of any suit or claim against the City by reason of the negligence
or default of the applicant or his/her agent, or upon the City giving
written notice to the applicant or his/her agent of such suit or claim,
any final judgment against the City requiring it to pay for such damage
shall be conclusive upon the applicant or his/her agent and his/her
surety.
C.
Nothing herein contained shall be construed to require the applicant
or his/her agent to maintain any repairs to the pavement made by the
City if such repairs should prove defective. Any owner of real estate
repairing or engaging another to repair his/her own sidewalk shall
not be required to give such bond. An annual bond may be given under
this provision, which shall remain in force for one year conditioned
as above, in the amount specified above and in other respects as specified
above, but applicable as to all excavation work in streets by the
principal in such bond during the term of one year from such date.
D.
In the event that the proposed excavation work exceeds the sum of
$1,000, which cost shall be determined by the schedule of resurfacing
charges as set forth in this article, surety in excess of a bond of
$5,000 shall be furnished in an amount which will in its entirety
cover the proposed cost of excavation.
A.
A permit fee shall be charged by the Public Works Department for
the issuance of an excavation permit, which shall be in addition to
all other fees for permits or charges relative to any proposed construction
work.
[Amended 10-15-2019 by Ord. No. 14-2019]
[Amended 3-6-2012 by Ord. No. 03-2012]
The methods of construction and materials to be used in repairing
streets shall be in accordance with the standard specifications of
the New Jersey State Highway Department as revised and amended to
date, in addition to the requirements of the City Engineer. The City
Engineer shall be notified at least 48 hours in advance of any construction.
A.
Underground. In all cases, construction which takes place below the
street shall be done in such a manner as to avoid leakage in or out
of pipelines and structures. All underground pipelines and structures
shall be designed to carry the heaviest highway loading permitted
in the state of New Jersey and shall be structurally sound in order
to avoid cave-ins or washing of materials into or out of such structures
or pipelines.
B.
Backfilling. Compaction of backfill shall be such to avoid any future
settlement of the street surface. This shall be done using only a
sand/cement subbase (commonly known as "flowable fill") in the backfilling
of road excavations within the limits of the City of Burlington, unless
any other backfill materials are first approved by the City Engineer.
Mechanical or approved hand-tamping methods shall be used. Backfill
shall be tamped in layers not exceeding nine inches.
(1)
All asphalt paving openings must be restored with the following specifications:
(a)
Two-inch-thick, hot mixed asphalt (HMA) 9.5M64, which replaces
the Marshall mix design, top course. All top-course paving must be
completed 48 hours after installing stabilized base paving;
(b)
Five-inch-thick, HMA 19M64, stabilized base course;
(c)
Twenty to one sand/cement subbase; and
(d)
Provide tack coat on all surfaces before paving.
(2)
All non-asphalt pavement restorations (e.g., lawns) shall be completed
within 30 days. All lawns shall be restored with sod. All other restorations
require the approval of the City Engineer.
C.
Damage to existing improvements. Any damage caused to any existing
structures or pipeline below the surface, by virtue of the excavation
for which the permit is given, shall be entirely corrected to its
original condition.
D.
Restoration of surface. Clean, vertical rectangular cuts shall be
made in base and pavement. The edge of the undisturbed pavement shall
be painted with bituminous materials prior to placing the new pavement.
The finished surface of the street after the repair is made shall
be smooth and even and shall not pocket water.
E.
Videotaping. The City of Burlington requires all applicants to videotape
the "before" and "after" of all construction projects. The videotape
shall be submitted to the City Engineer upon completion of the project.
F.
Miscellaneous. The applicant must provide all outside agency approvals,
as required. The applicant will notify all affected residents prior
to the start of construction. The applicant will arrange to meet with
residents during the construction project to address resident concerns.
Once notified, surrounding homeowners will be asked to notify the
applicant of any items of concern that relate to their property (e.g.,
underground private structures such as sprinklers, property markers,
septic and wells; landscaped areas).
[Amended 3-6-2012 by Ord. No. 03-2012]
A.
Heavy-duty streets. These streets shall be repaired by using a nine-inch
Class B concrete base course, unreinforced. The surface shall be two-inch
hot mix asphalt (HMA) 9.5M64. Six-inch stabilized base course, HMA
19M64 may be substituted for the nine-inch concrete base course as
directed by the City Engineer. This stabilized aggregate base course
may consist of blast furnace slag or diabase trap rock of the proper
gradation with a compacted thickness of nine inches and compacted
with a vibratory mechanical compactor.
B.
City streets reconstructed with bituminous concrete other than heavy-duty
City streets. These streets shall be repaired by using six-inch Class
B concrete base course, unreinforced. The surface shall be two-inch
Hot Mix Asphalt (HMA) 9.5M64. Stabilized base course HMA 19M64 and
six-inch dense graded aggregate subbase may be substituted for the
six-inch concrete base course as directed by the City Engineer. This
stabilized aggregate base course may consist of blast furnace slag
or diabase trap rock of the proper gradation with a compacted thickness
of six inches and compacted with a vibratory mechanical compactor.
C.
City streets which are surface treated. These streets shall be milled
two inches and paved with a compacted two-inch hot mix asphalt (HMA)
9.5M64 surface course as directed by the City Engineer.
[Amended 6-14-2011 by Ord. No. 05-2011]
For road openings, the resurfacing charges as set forth in Chapter 146, Fee Schedule, shall be used in connection with the provisions pertaining thereto, as specified in this article when resurfacing is done by the City.
The applicant or his/her agent shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition, or as near as may be, as soon as practicable and,
in any event, not later than the date specified in the excavation
permit.
If the applicant or his/her agent fails to restore the surface of the street to its original and proper condition, in accordance with the standards, methods and requirements of construction and resurfacing set forth in this article, or otherwise fails to complete the excavation work covered by the permit or fails to complete the reconstruction upon the expiration of the time fixed by the permit or if, for any other reason, the applicant or his/her agent is not able to complete the excavation work covered by the permit, the Superintendent of Public Works, if (s)he deems it advisable, shall have the right to do all work and things necessary to restore the street and complete the excavation work. The applicant or his/her agent shall be liable for the cost thereof, determined by the schedule of resurfacing charges, as set forth in § 306-18. The City shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply, in payment of the amount due, any funds of the applicant or his/her agent deposited as herein provided. The City shall also enforce its rights under the surety bond provided, pursuant to § 306-14.
The applicant or his/her agent shall take appropriate measures
to assure that, during the performance of the excavation work, traffic
conditions shall be maintained at all times, as nearly as normal as
practicable, so as to cause as little inconvenience as possible to
the occupants of the abutting property and to the general public.
The Chief of Police may permit the closing of streets to all traffic
for a period of time prescribed by him/her if, in his/her opinion,
it is necessary. The applicant or his/her agent shall route and control
traffic, including its own vehicles, as directed by the Police Department.
The following steps shall be taken before any highway may be closed
or restricted to traffic:
A.
Upon completion of construction work, the applicant or his/her agent
shall notify the Public Works Department and the Police Department
before traffic is moved back to its normal flow, so that any necessary
adjustments may be made.
[Amended 10-15-2019 by Ord. No. 14-2019]
B.
Where flagmen are deemed necessary by the Chief of Police, they shall
be furnished by the applicant or his/her agent at his/her own expense.
Through traffic shall be maintained without the aid of detours, if
possible; in instances in which this would not be feasible, the Chief
of Police will designate detours. The City shall maintain roadway
surfaces of existing highways designated as detours without expense
to the applicant or his/her agent, but in case there are no existing
highways, the applicant or his/her agent shall construct all detours
at his/her expense and in conformity with the specifications of the
City Engineer. The applicant or his/her agent will be responsible
for any unnecessary damage caused to highways by the operation of
its equipment.
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 fire plugs.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of piles of materials or other obstructions.
Neither the applicant nor his/her agent shall suffer, or permit
to remain unguarded, at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
or health.
[Amended 10-15-2019 by Ord. No. 14-2019]
In the event of an emergency in which a sewer, main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer, main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, the
person owning or controlling such facility shall apply for an excavation
permit no later than the end of the next succeeding day during which
the Public Works Department is open for business and shall not proceed
with permanent repairs without first obtaining an excavation permit.
All persons operating public utilities in the City under franchises granted by the City and having the right, either by general or special permission, to enter upon streets and open and excavate pavements, sidewalks or disturb the surface by excavation or other work shall comply with all of the sections of this article and shall obtain an excavation permit, pursuant to § 306-12.
The provisions of § 306-12 shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections, the issuance of any permit or the approval of any excavation work.
The provisions of § 306-12 shall not be applicable to any excavation work under the direction of competent City authorities by employees of the City or by any contractor of the City performing work for, and in behalf of, the City, necessitating openings or excavations in streets.
