The purpose of this article is to establish regulations and fees for the opening of municipal streets within the Borough of Lodi.
[Adopted 2-18-2003 by Ord. No. 303-07]
The following terms shall, for the purpose of this article, have the meanings herein indicated:
An opening, tearing up or excavating, for any purpose, of a Borough road of 100 feet or more of roadway length or where connecting lateral openings are made at average intervals of less than 100 feet along the roadway length or an opening which disturbs 20% or more of the pavement area along the frontage between the side lines of a single lot.
Any person, corporation, public utility or other entity on whose behalf a street opening is performed by a permittee.
Any person, firm, limited liability company, corporation or any other business entity granted a permit hereunder.
Verizon or other telephone company, or its successor corporation or corporations, Public Service Electric and Gas Company, United Water Company, Passaic Valley Water Commission, any cable company, or any other entity having either the power of eminent domain or subject to regulation by the Public Utilities Commission of the State of New Jersey.
Any opening, tearing up or excavating, for any purpose, of a Borough road which is not an "extensive opening."
Any street, road or other public way dedicated to and accepted by the Borough of Lodi and shall include all of the area thereof lying within the bounds of the dedicated right-of-way.
A.
No person, persons or corporation or other business entity, municipal or private, nor any utility company, public or private, shall for any purpose open, tear up, excavate, bore, drill, tunnel or drive under or in any way impair the surface or subsurface within the limits of the right-of-way of any street in the Borough of Lodi without first obtaining a road opening permit from the Borough, which shall be issued through the Department of Building and Inspections which shall be in charge of the administration of this article in conjunction with the Borough Engineer and, if required, the Department of Public Works.
[Amended 2-28-2005 by Ord. No. 505-12]
B.
Nothing contained in this section shall be construed as requiring the issuance of a permit for the performance of any work done by the Borough or under a contract with the Borough for the construction of waterlines, sewer lines or street improvements or any other activity to be undertaken by the Borough or under a contract with the Borough.
C.
No person or other permittee shall be issued a road opening permit until he presents satisfactory proof in the form of the authorization number from the Underground Location Service and the appropriate utility, or written statement from the person or entity engaged in the distribution or submission of manufactured, mixed or natural gas or synthetic natural gas, liquefied natural gas, or propane gas in the area of the proposed road opening, that the said applicant has complied with the requirements of N.J.S.A. 48:2-73 et seq., the Underground Facility Protection Act, which provides, among other things, that said applicant give to any person or entity in the distribution or transmission of the aforesaid gases in the area of the proposed excavation written notice of the proposed excavations and ascertain from such person or entity the location of all such gaslines or pipelines or other underground conduits within 200 feet of the proposed excavation.[1]
D.
Nonopening of road. No street, road or paved area constructed, reconstructed or repaved within three years of the time that the road is sealed can be excavated, built or patched without a demonstration by the permittee that an emergency exists, unless the permittee shall agree to profile and resurface the street a sufficient distance from the excavation so as to restore the entire street to each of its intersecting streets to the condition it was prior to such excavation. The proscription in this subparagraph shall also be applicable on a roadway fronting an unimproved lot where the applicant demonstrates an intention to build upon said lot and such excavation is necessary for sewer and utility purposes, said lots not intended to be exempt from the complete road restoration as set forth herein. Gas leaks, water main leaks, sewer breaks and any other condition which the permittee shall establish to the satisfaction of the Borough, which, if not immediately addressed, poses a clear and imminent danger to persons or property shall be considered examples of emergencies.
E.
No permittee shall be issued a permit until he supplies a certification that all underground facilities having been previously located and marked using standard color codes for gas, water and other utilities. The markings of said utilities shall be made with appropriate coloring so that same shall disappear within 30 days of completion of the work. The permittee shall remain responsible for removal of said markings by said period, and if they are not removed, the Borough may remove same and the costs thereof shall be borne by the permittee and paid from the escrow referred to herein. The certification must indicate marking authorization number.
F.
All references in this article to the Borough Clerk or the Director of the Department of Public Works shall mean the Department of Building and Inspections, which shall have the primary responsibility of administering this article, including the issuance of all permits and the collection of all fees, security and escrows.
[Added 2-28-2005 by Ord. No. 505-12]
A.
Form.
(1)
Application for a permit shall be made in writing on forms to be prescribed by the Department of Building and Inspections and issued by the Department and shall be filed at least two weeks prior to the commencement of any work. The application shall specify, at a minimum, the name and address of the applicant; the specific location of the proposed excavation and the width, length and depth thereof; the type of road or other surface; and the individual(s), partnership, corporation or other business entity for whose benefit the excavation is to be made, and such other pertinent information as shall be requested in the form, and shall be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided, together with the charges as hereinafter set forth. The permit shall contain the further stipulation that it is issued with the express understanding and agreement that the applicant therefor shall pay the expenses of repairing and replacing such street or part thereof so opened, dug up, or excavated as stipulated in the Borough Code.
[Amended 1-23-2024 by Ord. No. 2023-26]
(3)
No work may commence by permittee until the date set forth in the issued permit.
B.
Emergency road opening.
(1)
In the event that an emergency condition exists requiring immediate action by any person requested to obtain a permit pursuant to this section, the person may immediately cause the roadway to be entered and emergency measures taken without first obtaining a permit, provided that:
(a)
A true emergency exists and the person notifies the Lodi Police Department and the Department of Building and Inspections prior to start of work, who shall log the emergency.
(b)
A permit is applied for within 24 hours of the road opening or on the next business day, whichever is more practical and the applicant pays or deposits, or both, as applicable, all fees required herein.
(d)
The Department of Building and Inspections or the Borough Engineer shall be notified within 24 hours of a road opening. If a road opening commences on a Saturday or Sunday as a result of emergency roadwork, the Police Department of the Borough of Lodi shall be notified prior to start of work and the Department of Building and Inspections or Borough Engineer shall be notified on the morning of the first business day thereafter.
(2)
The Borough reserves the right to issue a written stop-work order where same is deemed appropriate by the Department of Building and Inspections or Borough Engineer.
C.
Review of the application. Prior to the issuance of a permit, copies of the application therefor shall be referred to the Department of Building and Inspections or, in the case of extensive road openings, to the Borough Engineer, who shall note any objections to the issuance of a permit or any conditions to be imposed on the application. All objections and all conditions shall be satisfied prior to or be imposed as conditions upon the issuance of the permit, as appropriate.
D.
Applicant. The applicant must be the contractor, whether corporate, individual or partnership, or agent of a public utility who will be actually engaged in the performance of the work, for the adherence of the work to the specifications and for the safety of the public. If applicable, the application shall be made for and on the behalf of any owner of private property for whom the work is being done and shall be countersigned by such owner.
E.
Agreement. The owner, by executing the application, agrees as a condition of the issuance of a permit that any facilities, pipes or poles or other object to be installed within the Borough right-of-way pursuant to the permit shall be promptly relocated at the owner's expense, except where otherwise provided by law, as required by the Borough of Lodi, to accommodate the installation of future Borough facilities. Such agreement shall be in writing and contained on the face of the application form and permit.
F.
Review of application for small and extensive openings. All small and extensive openings shall first be reviewed and approved by the Department of Building and Inspections, and extensive openings shall subsequently be reviewed by the Borough Engineer prior to issuance of a permit. No permit shall be issued unless approved by the Department for small openings and the Borough Engineer for extensive openings.
G.
Issuance. Street opening permits shall be issued by the Department of Building and Inspections once reviewed and approved as provided herein; provided, however, that no permit shall be issued until an application fee, performance guarantee and escrow is paid as provided for herein. Both the application fee and such portion of the escrow as is used up are nonrefundable.
A.
Generally: the 2001 U.S. customary English units version of the Standard Specifications for Road and Bridge Construction.
(1)
No Borough road shall be closed to traffic without prior written consent of the Lodi Police Department. In the event that a road is closed, uniformed police may be required to act as traffic directors, and proper traffic control devices shall be erected and maintained in accordance with standards described in the Manual on Uniform Traffic Control Devices, 2001 Edition, or such other traffic manual as the Police Department shall select. All costs of providing uniformed police or traffic devices shall be the responsibility of the permittee and the private owners for whose benefit the work is being performed. Upon it being determined that such personnel or devices are needed, the total cost shall be estimated by the Borough Manager in consultation with the Borough Engineer, and such estimated cost shall be advanced by the permittee before issuance of a permit or, if the closing is deemed necessary after work has commenced, before the road closing shall commenced. The determination as to whether a road closing is required shall be within the discretion of the Borough. In the event a detour is necessary, application shall be made to the Chief of Police, who shall determine the necessity for such detour and the route to be followed. In emergency situations, notification by telephone to the Police Department shall be done prior to start of the work.
(2)
Any work under an issued permit must be commenced within three months from the date of issue and completed 45 days from commencement or said permit shall be deemed void and reapplication shall be required, provided that, for good cause established by the permittee and upon approval of the Borough Manager after consultation with the Borough Engineer, the time for completion may be extended for an additional period of time to complete the work. It is the intention of this article that all road opening work be diligently pursued and be completed as expeditiously as possible and in such a manner so as to cause the least possible public inconvenience. Accordingly, the approval of an extension of time to complete shall be within the discretion of the Borough, and failure during performance of the work to continuously and diligently proceed with the work, or unexplained interruptions in such performance, shall be grounds to deny such extension and for the Borough, at its option, to pursue its remedies for failure to complete within the time period stated, including restoring the surface of the roadway, whether or not the work is completed using Borough facilities or through independent contractors, all at the sole expense of the permittee and the property owner who has countersigned the application. Such expense may be recovered through the security or other performance guaranty delivered with the application or, at the option of the Borough, by impression of a lien on the realty of the owner which is the subject of the road opening. Such lien shall be imposed by resolution of the Mayor and Council upon receipt of a certification from the Borough Manager as to the costs incurred to restore the roadway. Because allowing a municipal road to remain open longer than necessary results in unspecified additional expense to a municipality in police time, repeated inspections and monitoring of a site, and generally is a nuisance and interference with the public welfare, if work under a road opening permit is not completed within the time stated or as extended, the permittee shall be liable for a penalty of $100 per day for every day beyond the completion date specified, which shall be deducted from the escrow deposited pursuant to the requirements of this article and retained by the Borough.
(3)
Work commenced under a permit shall be continued without interruption during normal working hours until completed or as may be otherwise required under the permit as issued.
(4)
The applicant shall notify the Department of Building and Inspections or the Borough Engineer 24 hours in advance of the actual commencement of any work under a permit.
B.
Guard. The applicant shall keep the work site properly guarded both day and night and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices placed there at and maintained throughout the performance of the work and shall interfere as little as possible with traffic along the street or road within the Borough, and only that part of any such street or road as is set forth in the permit shall be opened. The applicant shall comply with requirements of the Police Department and Borough Engineer during the performance of the work for the protection of the public and shall be liable for any damages or injuries sustained as a result of such performance.
C.
Minimum cover. All utilities shall be constructed with a minimum of four feet of cover to provide protection for the utilities in the event that future Borough road construction, repair or modification necessitates 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 related facilities, except as otherwise specified herein. The aforementioned four-foot-minimum cover may be waived by the Department of Building and Inspections upon approval of the Borough Engineer, if the applicant prepares and files certified plans indicating the location, extent and depth of the facilities and said plans are approved by the Department of Building and Inspections and Borough Engineer and demonstrates, to the satisfaction of the Borough Engineer, that said cover is not necessary or possible. This subsection shall apply only to new construction.
D.
Protection of existing structures. It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person, firm or corporation whose pipe, conduits or other structures are laid in the portion of the street to be opened. Said notice shall be given in writing a minimum of 72 hours before commencement of said opening, and the permittee shall, at his own expense, carefully support, maintain in operation and protect from damage such pipe, conduits or other structures. If any damage is caused to such pipes, conduits or structures, the permittee shall restore same, at his own expense, to the condition it was prior to commencement of work.
E.
Backfill. All excavations shall be completely backfilled at the end of each working day unless it would constitute a hardship to the permittee or where the size of the excavation makes it impossible to backfill at the end of each working day, in which event a waiver may be granted by the Department of Building and Inspections or Borough Engineer. In the event that a waiver is granted, the contractor or owner shall cover the excavation with heavy one-inch-thick plates secured to existing pavement to prevent rattles and movement and erect appropriate barriers and lights around the entire excavation and arrange to provide appropriate security protection, if such security is necessary, at his own cost, and such other safeguards as may be needed to protect the public from an open excavation. If plates are placed for over a weekend or for an extended period, all edges are to be macadam sealed and sloped. In no event shall an excavation be left open for more than 72 hours, unless an emergency exists and permission has been secured from the Chief of Police or Department of Building and Inspections, Borough Engineer or their designated representative.
F.
Digging of ditches; approval by Borough Engineer:
(1)
No ditch shall be built within 10 feet of any street without first obtaining the approval of the Borough Engineer, which approval shall not be given unless, in his/her opinion, the ditch will not endanger the construction of the road which it will adjoin.
(2)
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 Borough Engineer, which approval shall not be given unless, in his/her opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.
G.
Work to be completed in expeditious manner. Any person making any road opening or excavation in any street in the Borough shall carry out the work as expeditiously as possible and in such a manner as to cause the least possible public inconvenience and to permit the use of sidewalks by pedestrians, the roadway by vehicles and the flow of water along the gutters. The Borough reserves the right to order a temporary cessation of work where circumstances warrant same in the interests of the public. In such event, the period of temporary stoppage shall be added to the time for completion.
H.
Adequate warnings and protection required.
(1)
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, unless otherwise expressly permitted by the Borough, only half of the same shall be made at one time, and it shall be properly backfilled before the other half is excavated so as not to interfere with traffic.
(2)
In addition, all permittees shall place qualified flagmen as may be required and approved by the Chief of the Lodi Police Department to assure that throughout the performance of the work authorized by any permit issued under this article there will be as little interference as possible with the traffic flow within the roadway affected.
I.
Failure to properly excavate, backfill or restore. 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 five days after the mailing of a notice from the Borough so to do, then the Borough may cause such restoration to be made and pay the cost thereof from the deposit/escrow 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 and no additional permits shall be granted to the permittee for any other openings or to the owner of the private property benefiting from the opening until such costs have been collected. If during the period of 12 months following completion of the work, any repairs or repaving is required in order to restore the street, and the permittee shall fail to repair or restore same to the reasonable satisfaction of the Borough within three days' service or five days' mailing of a notice to repair from the Borough, the Borough may cause the repairs to be completed and pay the cost thereof from said deposit/escrow or, in the case a bond has been filed with respect to the permit, collect the costs from the permittee who shall be liable for same. No further permits shall be granted such permittee for any other street openings or shall be granted any owner for whose benefit the opening was made until such costs are recovered by the Borough.
A.
The permittee shall be liable for any damage to work site roads. In the event that any such damage is not repaired within 30 days after completion of the street opening, the cost for the repair of same shall be deducted from the permittee's deposit held by the Department of Building and Inspections.
B.
The permittee shall, on a continuing basis, maintain all streets and other property affected by the construction in clean condition free from all rubbish, excess earth, rock and other debris. Upon completion of all work under the permit, the permittee shall again clean the affected property to removal all debris and unused material. In the event that the permittee fails to act as provided herein, the Borough, upon 12 hours' notice to the permittee, may clean and remove all rubbish, excess earth, rock, debris and unused material and charge the permittee for the cost thereof. If the permittee fails to reimburse the Borough for the costs incurred, said costs shall be deducted from the permittee's deposit held by the Department of Building and Inspections.
The Department of Building and Inspections and/or the Borough Engineer shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with the conditions imposed on the issuance of the permit and the specifications. The Borough may, upon the determination of either of them that the requirements of this article or the requirements of the permit issued are not being met:
A.
Order a temporary stop to any road opening.
B.
Order that the applicant perform or correct work in accordance with the directions of the Borough.
C.
Order a stop to any work and revoke the permit; in which event, the Borough of Lodi shall complete the work or cause it to be completed and either declare the applicant's deposit forfeited or notify the applicant's surety of an intent to file claim on the bond.
D.
Authorize the correction of any work after notification to the permittee and after the neglect or the refusal of the permittee to make such corrections within 24 hours and, after the completion of the same, either declare the permittee's deposit forfeited or notify the permittee's surety of an intent to file a claim on the bond.
E.
Take any other action deemed reasonable under the circumstances to protect the Borough's interests or to protect the public.
No road opening shall be permanently paved until a final inspection has been made by the Borough Engineer or Department of Building and Inspections and final approval given.
A.
For all openings:
(1)
The paved roadway surfaces shall be saw cut or blade cut vertically on a straight line before excavating.
(2)
The material excavated from the trench opening shall not be replaced as backfill unless expressly authorized by the Department of Building and Inspections or the Borough Engineer. Excavated materials must be removed from the work site the day of excavation unless the said individuals have approved them as backfill.
(3)
The backfill of stone or bank-run sand shall be furnished from outside sources.
(4)
The uncompleted length of road opening allowed under a permit at any one time shall not exceed 50 linear feet, unless a special need can be established by the permittee and approval to exceed this limitation is secured from the Department of Building and Inspections or Borough Engineer. Such special need shall be noted in writing to the Department of Building and Inspections or Borough Engineer before such permission is granted, except in unusual cases and/or emergencies. In that event, such special need shall be documented in writing after approval is granted.
(5)
Where existing manholes are located in the shoulder areas, a minimum of two inches of hot mix asphalt Mix No. I-5 shall be placed eight feet on both sides of the manhole casting on four inches of quarry-processed stone. The width of the hot mix asphalt Mix No. I-5 shall vary to the dimensions of the existing shoulder.
(6)
All backfill shall be placed in six-inch layers, with each layer thoroughly compacted by mechanical means to the satisfaction of the Department of Building and Inspections or Borough Engineer. The Department or Borough Engineer shall have the right to require a compaction test to be performed by an independent laboratory at the expense of the permittee.
(7)
After proper settlement and cut back for any portion of the road, the entire width of the trench surface plus a four-inch overlap shall be overlaid, with a one-and-one-half-inch-minimum thickness hot mix asphalt Mix No. I-5 pavement applied to the entire length of the disturbed area and rolled in piece to obtain a smooth pavement surface, and sealed at all edges.
B.
Asphalt pavement openings.
(1)
For openings in old asphalt pavements, backfill material shall be deposited in six-inch layers and thorough compacted to a level eight inches below the surface level of the adjacent paved surfaces. The openings shall be cut back six inches beyond the perimeter of the trench opening. The base course shall be bituminous stabilized base stone mix, hot mix asphalt base course Mix No. I-2, six inches thick (three lifts). The surface shall be two-inches compacted depth of hot mix asphalt Mix No. I-5. All joints between the new and existing pavements shall be sealed with a tack coat.
(2)
When road openings are in sequence or are within three feet of another opening, the surface area of the combined openings will be paved to form one surface. The surface course shall be two-inches compacted depth of hot mix asphalt Mix No. I-5 with all joints between the new and existing pavements sealed with a tack coat.
C.
Concrete pavement surface openings. For all openings in concrete pavement surfaces, the trench backfill shall be compacted in six-inch levels to a level two inches below the top of the adjacent paved surface. The opening shall be cut back six inches beyond the perimeter of the trench opening. A two-inch compacted depth of stabilized base shall then be placed, compacted level with the existing pavement, and shall be maintained by the permittee to a pavement level by adding additional bituminous material until final settlement has occurred. A pavement of four-thousand-pound concrete 10 inches in depth shall be constructed level with the existing pavement surface. A layer of heavy six by six No. 6 gauge wire mesh reinforcing shall be placed in the opening and extend fully into the cut back shelf at a point for six inches below the finished elevation.
D.
Nonpaved area. All grass or graveled area or sidewalk areas disturbed within the Borough right-of-way or adjoining property shall be reconstructed, topsoiled, seeded and mulched within 14 days of completion of excavation. All graveled areas will be thoroughly compacted. These limits may be waived by the Department of Building and Inspections or the Borough Engineer only when abnormal temperatures or inclement weather necessitates same.
E.
All work shall be guaranteed for a period of 12 months.
F.
Restoration of surface.
[Added 1-23-2024 by Ord. No. 2023-26]
(1)
Requirement to restore surface. The permittee shall restore the surface of all streets, driveways, sidewalks, aprons, grassed or other right-of-way areas broken into or damaged as a result of the excavation work to its original condition or better in accordance with the specifications of the Borough Engineer and the Director of the Department of Public Works including but not limited to curb to curb repaving in their reasonable discretion.
(2)
Criteria for repairs.
(a)
Within grassed areas, the top four inches of the trench and any other areas damaged during construction shall be backfilled with topsoil as defined in Division 800 of the NJDOT Standard Specifications for Road and Bridge Construction, latest edition. Then all newly placed topsoil shall be fertilized and seeded per these specifications.
(b)
Within the limits of gravel areas or any other nondecorative gravel surface, the top of the trench shall be backfilled with eight inches of dense graded aggregate (DGA) base course as defined in Division 300 of the NJDOT Standard Specifications.
(c)
Within asphalt roadways, all trenches shall be brought up to 12 inches below the surface as required in the backfilling sections listed previously. The remaining void shall be backfilled with a temporary repair of six inches of DGA base course as defined in Division 300 of the NJDOT Standard Specifications and six inches of hot mix asphalt (HMA) 19M64 base course as defined in Division 400 of the NJDOT Standard Specifications.
[1]
The temporary pavement shall remain in place for a period of at least three months and no longer than four months to allow for residual settlement to take place. During this time, the permittee shall assure maintenance of the pavement surface. Manholes, valve boxes or other physical utility obstructions shall have feathered approaches not to exceed a 5% slope where necessary and temporary pavement striping shall be restored by the permittee for adequate traffic control.
[2]
The final asphalt paving will depend on the size of the trench:
[a]
Where 20% or more of the existing surface width and/or a distance parallel or longitudinal to the roadway center line of 25 feet or more has been disturbed, the permittee shall mill the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. All milling and disposal of millings shall be done in accordance with Division 400 of the NJDOT Standard Specifications. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The borough will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
[b]
Where less than 20% of the existing surface and a distance parallel or longitudinal to the roadway center line of less than 25 feet has been disturbed, the permittee shall sawcut the existing surface course two inches deep at a location 12 inches beyond the trench surface, and remove the existing pavement to the same depth. Pavement removal shall be done by milling or another method as approved by the Borough Engineer. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications, The Township will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
(d)
Within the limits of portland cement concrete roadways, all trench openings shall be backfilled and compacted as previously required, a satisfactory foundation prepared, the reinforcement restored including slab drilling for dowel connections and the concrete pavement equal in thickness to that in place in the roadway replaced with concrete as defined in Division 400 of the NJDOT Standard Specifications.
(e)
Within sidewalk areas, all trench openings shall be backfilled and compacted as previously required, and finished with a concrete sidewalk, four inches thick and at least four feet wide with a compressive strength of not less than 4,000 psi after 28 days, The sidewalk shall be broom finished with striations perpendicular to walking traffic. Troweled joints shall be installed not less than every four feet (or distance equal to the sidewalk width) and bituminous joints installed every 20 feet. At points of vehicular crossings, the sidewalk shall be increased to six inches thick and one row of welded wire fabric (six-inch-by-six-inch pattern, W2.1x2.1 gauge) shall be added at the mid-depth of the concrete.
(f)
Road openings and/or trenches involving unusual or special conditions including attachment to bridges shall be restored in accordance with and pursuant to the direction of the Borough Engineer.
(3)
Temporary surface restoration in traffic lanes. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be tamped into place, and this fill shall be topped with a minimum of at least two inches of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Borough Engineer. If, in the judgment of the Borough Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, the Borough Engineer may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over the cut or excavation to remain until such time as the repair of the original pavement may be properly made.
(4)
Permanent street restoration. Permanent restoration of the street may be made by the permittee in strict accordance with the specifications prescribed by the Borough Engineer to restore the street to its original and proper condition, or as near as may be. When, in the opinion of the Borough Engineer, the full width overlay will present a hazardous condition and jeopardize the health, safety and welfare of the general public, the Borough Engineer shall direct the permittee the method of restoration of the roadway surface.
(5)
Approval contingent upon time period. Acceptance or approval of any excavation work by the Borough Engineer shall not prevent the Borough from asserting a claim against a permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 12 months from the completion of the excavation work. The Borough Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
G.
Notice of paving and repaving; excavations barred in new street improvements.
[Added 1-23-2024 by Ord. No. 2023-26]
(1)
Whenever the Borough Council enacts an ordinance or resolution providing for the paving or repaving of any street, the Borough Clerk shall promptly mail a written notice thereof to each person owning any sewer main, conduit or other utility in or under said street or any real property whether improved or unimproved abutting said street. Notice shall be sent out after the resolution by the Council but at least 45 days prior to the start of construction. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years from the date of substantial completion of the paving construction contract as determined by the Borough Engineer. Such notice shall notify such persons that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed prior to the start of the paving construction contract. The Borough Clerk shall also promptly mail out copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and departments or other persons that may desire to perform excavation work in said street.
(2)
In said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article as may be necessary, to install or repair sewers, mains, conduits or other utility installation. In the event any owner of real property abutting said street shall fail within said 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said streets shall be forfeited for a period of five years from the date of substantial completion of the paving construction contract as determined by the Borough Engineer. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Borough Engineer, an emergency as described in this article exists which makes it absolutely necessary that the excavation permits be used.
(3)
Every Borough department or official charged with the responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation within said forty-five-day period as to avoid the necessity of making any openings, cuts or excavations in the new pavement in said Borough street during said five-year period.
A.
Insurance. The applicant shall present evidence, satisfactory to the Borough, of insurance sufficient to indemnify and save harmless the Borough, its agents and servants against and from all suits and costs of every kind and from all personal injury or property damage resulting from negligence or from any phase of operations performed under the permit. Said insurance shall provide limits of not less than $1,000,000, combined single limit, or if the applicant is a public utility may be in the form of a certificate of self-insurance. Where there is an extensive opening, the Department of Building and Inspections or the Borough Engineer may request additional insurance if it is deemed necessary under the circumstances.
B.
Security.
(1)
The Department of Building and Inspections shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Lodi or filed a bond, with surety satisfactory to the Borough Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in § 498-21 of this article. A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least $25,000. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in § 498-21 exceeds said $25,000, the public utility applicant shall file a surety bond in an amount equal to the difference between the $25,000 and the required security deposit. For all nonpublic utility applicants, the surety bond shall be at least $1,000. A certified check for a lesser amount may be deposited, however, in the amount provided by § 498-21 for the work to be performed.
(2)
Upon satisfactory completion of all work permitted or required under the permit for extensive openings, if the security deposit is $2,000 or less, the Borough of Lodi will retain 100% of the security deposit as security for maintenance of said work for a period not to exceed one year from the date of completion, provided that, if the security deposit is in the form of a certified check, the permittee may deposit a two-thousand-dollar surety bond satisfactory to the Borough Attorney in lieu of said certified check. If the security deposit is greater than $2,000, then the Borough will release or refund 60% or more of same, with the approval of the Borough Engineer, and surety bond may be deposited for the maintenance as set forth above. All bonds and certificates of insurance shall contain a provision that the same shall remain in full force and effect for a period not to exceed one year after the last work under any permit has been completed and accepted by the Borough.
(3)
In the case of a small opening, the Borough shall retain the security deposit for six months after satisfactory completion of all work permitted or required under the permit, provided that, if the security deposit is in the form of a certified check, the permittee may deposit a security bond in lieu of said check.
C.
Application fee and escrow deposit.
(1)
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility, as herein defined, by a corporate check, a nonrefundable application fee as set forth in § 498-21 of this article. Applicants other than a public utility who have made the annual security deposit as per Subsection B above shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services set forth in § 498-21 of this article. The unused portion of the escrow deposit shall be returned. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said fund shall be subject to increase on demand of the Department of Building and Inspections.
(2)
The Borough shall pay from the escrow deposit fee any costs incurred by its designated representatives or professional consultants for inspection or other engineering services or legal fees required in connection with the proposed opening or excavation at the rates established as well as any penalties due by reason of failure to timely complete the road opening work.
[Amended 2-28-2005 by Ord. No. 505-12[1]]
Each road opening permit requires payment of three separate charges, which are the application fee, the security deposit and the escrow fee, as follows:
B.
Security deposit fee for guaranteeing restoration, pavement, curbing or topsoil, as set forth in Chapter 235, Article IV, Fee Schedule.
(1)
Opening paved areas, curb, gutter, sidewalk, driveway: Charges consisting of a base charge, charge for each square yard of trench openings, charge for each square yard of paving, and/or charge for each lineal foot of curbing
(2)
Opening shoulders and roadside areas: Charges consisting of a base charge and a charge for each square yard of trench opened.
(3)
Boring, tunneling or driving under the road: Charges consist of a base charge and a charge for each lineal foot of boring.
C.
Escrow deposit fee, engineering and legal costs:
(1)
All road openings, excavations, borings and other work as stated on the permit application:
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection C(1)(a) above, a work schedule shall be submitted to and approved by the Department of Building and Inspections in consultation with the Borough Engineer, who shall determine the total escrow deposit fee based thereon. If at any time during the course of the work it appears evident to the Borough Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and other professional services, additional escrow deposit fees shall be estimated by the Borough Engineer or, if applicable, the Borough Attorney and paid to the Borough, based upon a revised work schedule, to be submitted by the applicant. If the applicant fails to submit such revised schedule, the Department of Building and Inspections may estimate and require the additional escrow deposit fee. Failure to remit said additional escrow deposit fee shall be cause for the Borough to issue a stop-work order and resort to the security. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
(2)
Actual payment from the escrow deposit fee fund shall be made to the Borough's professional service provider upon the then-current contract hourly rates for such professional as established by the Borough and the professional.
Upon the completion of any such work, the Department of Building and Inspections or Borough Engineer shall file a report on a form to be furnished for that purpose, which report shall contain the date of completion, the amount on deposit, the cost to the Borough of resurfacing the area so excavated or opened if the same shall have been necessary, the costs to be reimbursed or otherwise paid to the Borough for incomplete work, inspection fees and other matters covered under § 498-21C(2) above, and the balance, if any, due to the applicant. Upon receipt of the report by the Department of Building and Inspections the balance due, if any, to the applicant on account of any deposit shall be forthwith returned; provided, however, no refund of deposit shall be made if there is pending any legal action in any court respecting the work performed. In the event any such action is pending, the deposit shall be retained by the Borough until such action is concluded, and the deposit shall be used by the Borough toward any penalty imposed.
Any person, company, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction of such violation, be subject, for each offense, to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the Borough to do so, each day that such pavement, roads or streets remain not restored shall constitute a separate offense. Any fine imposed for a violation of this article shall be in addition to any civil penalty paid to the Borough pursuant to the provisions herein.