[Adopted by Ord. No. 8-1997 (Ch. 12.24 of the 1996 Municipal Code)]
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 Construction Office as provided in this article.
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 Construction Office.
Before an excavation permit is issued, the applicant or his/her agent shall deposit with the Construction Office a surety bond in the amount of $5,000 payable to the City.
The required surety bond shall be:
With good and sufficient surety.
By a surety company authorized to transact business in the state; or a public utilities corporation whose bond has been approved by Common Council.
Satisfactory to the City Solicitor in form and substance.
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.
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.
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.
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 permit fee shall be charged by the Construction Office 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 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.
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.
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.
All asphalt paving openings must be restored with the following specifications:
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;
Five-inch-thick, HMA 19M64, stabilized base course;
Twenty to one sand/cement subbase; and
Provide tack coat on all surfaces before paving.
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.
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.
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.
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.
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]
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.
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.
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:
Upon completion of construction work, the applicant or his/her agent shall notify the Construction Office and the Police Department before traffic is moved back to its normal flow, so that any necessary adjustments may be made.
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.
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 Construction Office 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.