[Adopted 6-13-2018 by Ord. No. 11-2018[1]]
A.
It shall be unlawful for any person or persons, firm, partnership,
association or corporation to disturb, cut, break into, excavate or
open any of the roads, streets, avenues, thoroughfares, alleys, sidewalks
or highways in the Borough of Westville without first having obtained
a permit therefor from the Borough Clerk and having paid a permit
fee of $200, along with escrows of $500 for engineering reviews and
$300 for inspections, which shall accompany the application. Unused
escrow fees shall be returned to the applicant. If, at any time during
the review and/or inspection of the work, it becomes evident that
the escrow is or will be insufficient to cover the cost thereof, the
applicant shall make such additional deposits in the amounts to be
determined by the Borough Clerk. An additional permit fee of $500
shall be required for each street opening on a street improved within
the last five years, if such opening is approved by the Director of
Public Works.
B.
Every application for such permit shall also be accompanied by the
sum of $1,500, which shall be deposited with the Borough Clerk and
which shall be refundable at the request of the applicant for such
permit after restoration of the area has been completed in a manner
and condition satisfactory to the Director of Public Works.
C.
The foregoing permit shall be valid for a period of six months from
the date of issue.
D.
Any public utility, as defined in N.J.S.A. 48:2-13, municipal corporation or authority, joint municipal authority or commission may file a bond in the amount of $25,000 with the Borough Clerk in lieu of the cash deposit of $1,500 which is required with each application. The filing of such a bond shall eliminate the necessity for such an organization to provide the specified cash deposit, regardless of the number of applications made by or outstanding to it. Said bond shall be issued annually by a bonding company, surety company or corporation or organization approved by the Borough Council. Said bond shall be conditioned upon the restoration of the surface and foundation of the road, street, avenue, thoroughfare, alley or highway for which the permit was granted, in a manner prescribed in § 336-20 hereof, and the bond shall continue in full force and effect for a period of two years after the completion of the work and construction of the permanent patch or patches.
E.
Prior to the issuance of any permit under this section, the application
for such a permit may be reviewed by the Borough Engineer.
F.
Size of disturbed segment.
(1)
For purposes of Subsection A of this section, a permit shall be required for any excavation or opening of 100 linear feet or less parallel to the nearest adjacent curb. Any excavation or opening greater than 100 linear feet or less parallel to the nearest adjacent curb shall require a separate permit for each one-hundred-linear-foot segment of disturbance, cut, break, excavation or opening on or into any of the roads, streets, avenues, thoroughfares, alleys, sidewalks or highways in the Borough of Westville.
A.
A separate application shall be filed for and a separate permit shall be obtained for each and every opening, and the permit fee and deposit required by § 336-15 hereof shall accompany each separate application. For the purposes of this section, a series of excavations made for the installation of a continuous pipe, conduit or other line by boring or jacking methods shall be deemed a single opening and shall require only a single permit for the entire installation.
B.
Each application shall state:
(1)
The kind and character of the proposed excavation.
(2)
The location of the proposed opening.
(3)
The size and depth of the proposed opening.
(4)
The type of existing paving.
(5)
The name of the contractor who will repave or restore the street.
(6)
The name and address of the applicant.
(7)
The name and address of the owner on behalf of whom or which the
application is made.
(8)
The date of the application and the anticipated completion date of
the work to be undertaken under the permit.
C.
Said preparation shall be signed by the applicant guaranteeing complete
conformance with this article and shall be accompanied by a plan or
sketch showing the location of the proposed opening.
In the event of a sudden and emergent break of any water, sewer,
gas, oil or other underground line or facilities which endangers the
life, health or safety of the public or where immediate repair is
imperative to prevent loss or damage to streets or property or discontinuance
of service, it shall not be necessary to obtain a permit before commencing
such repair or before opening the surface of the street. The making
of any such opening or excavation shall be reported to the Police
Department and to the Borough Clerk within 24 hours thereafter, and
an application for a permit therefor shall be made within 48 hours
thereafter.
A permit as described herein shall be required for any tunneling
under the surface of any street for any purpose whatsoever, regardless
of whether or not it involves an opening in the surface of the street.
Any such tunneling shall not be commenced or undertaken until the
Borough Engineer has recommended, in writing, to the Director of Public
Works that it be permitted, and such shall be accomplished only under
the supervision of the Borough Engineer, whose services shall be paid
for by the applicant.
Where the excavation is to extend the full width of the road,
only 1/2 of it shall be made at one time and shall be backfilled before
the other half is excavated so as not to interrupt traffic. The excavation
and backfilling shall be made within seven days.
A.
Upon completion of the excavation of the work to be accomplished
therein, and prior to replacing any of the material removed therefrom
or placing fill material therein, the applicant shall request that
the Director of Public Works perform an inspection thereof. No material
or fill shall be placed in the excavation until permission to fill
the excavation has been given by the Director of Public Works.
B.
Backfill material shall be such as is approved by the Director of
Public Works. Such backfill material may not necessarily be the material
removed in the excavation but shall be a granular material such as
to provide a base free of settlement. All backfill must be tamped.
C.
Before patching, concrete surface pavements shall be saw-cut. Where
pavement patching includes the construction of a concrete base or
surface course, the concrete patch shall extend over undisturbed subgrade
for a width of not less than one foot on each side of the excavation.
(1)
Temporary patch. It shall be the responsibility of the applicant
to apply a temporary patch to the street when said applicant has completed
the backfill of the excavation. Said patch may be temporary in nature,
and it is not necessary that the patch be inspected by the Director
of Public Works. In all streets, the temporary patch shall be bituminous
cold patch, two inches in thickness. Said cold patch shall be maintained
by the applicant at an even level with the road surface until application
of the permanent patch.
(2)
Permanent patch. The applicant shall install or cause to be installed
a permanent patch after six months of application of the temporary
patch. The permanent patch shall be of all new materials, and the
finished patch shall be equal to or superior to the best adjacent
pavement, including all base and surface course. Prior to installation
of the permanent patch, the Director of Public Works shall perform
an inspection. No permanent patch shall be applied until such an inspection
has been performed and permission has been given by the Director of
Public Works to install same. Said permanent patch shall be installed
within 30 days after permission to install same has been granted by
the Director of Public Works. The Director shall have the right, at
any time when he has a reason to believe that such is necessary, to
guarantee that satisfactory fill material has been utilized, or that
it has been properly placed in the excavation, or that a permanent
patch has been properly applied and is of satisfactory material, to
require that a portion or portions of the surface and base materials
be excavated for an additional inspection or that a reasonable number
of test holes be drilled. Either of these acts shall be accomplished
at the expense of the applicant. The applicant shall be required to
maintain the permanent patch in good repair and at a level with the
surrounding street for a period of two years from the date of installation.
D.
Reconstruction of roads.
(1)
It shall be the responsibility of the applicant to reconstruct the
entire road, street, avenue, thoroughfare, alley, sidewalk and/or
highway, the length of which to be determined by the Borough Engineer,
if the excavation and/or opening of the same causes:
(a)
The disturbance of 20% or greater of the width of the road,
street, avenue, thoroughfare, alley, sidewalk and/or highway, as determined
by the Borough Engineer; or
(b)
Any disturbance of the width of the road, street, avenue, thoroughfare,
alley, sidewalk and/or highway which occurs within 10 years of the
reconstruction, repaving and/or replacement of the road, street, avenue,
thoroughfare, alley, sidewalk and/or highway by the Borough or any
other public, quasi-public or private entity, under the conditions
as follows:
[1]
The reconstruction, repaving and/or replacement of the road,
street, avenue, thoroughfare, alley, sidewalk and/or highway must
replace in kind and match the material finish, color, texture and
pattern, as well as the specifications, of the road, street, avenue,
thoroughfare, alley, sidewalk and/or highway being reconstructed,
repaved and/or replaced;
[2]
The reconstruction, repaving and/or replacement of the road,
street, avenue, thoroughfare, alley, sidewalk and/or highway will
not change the flow of water on the road, street, avenue, thoroughfare,
alley, sidewalk and/or highway, unless demonstrated to improve the
condition, nor shall said reconstruction, repaving and/or replacement
create any hardship on adjoining properties;
[3]
The length of the reconstruction, repaving and/or replacement
of the road, street, avenue, thoroughfare, alley, sidewalk and/or
highway shall be solely and exclusively determined by the Borough
Engineer, the length of which shall be no less than the distance between
adjacent intersections, as identified by the Borough Engineer.
[4]
The criteria as required under Subsection D(1)(b)[1] and [2] of this section shall be solely and exclusively determined by the Borough Engineer.
(2)
This section shall not be construed as requiring the Borough of Westville,
or any of its subparts, to reconstruct, repave and/or replace any
of road, street, avenue, thoroughfare, alley, sidewalk and/or highway
which the Borough may cause to open to effect emergency repairs.
(3)
Any and all excavations performed by any municipally owned utility
be and hereby are exempt from the responsibilities created under this
section.
(4)
In the event that any person, firm, entity or corporation requests
a street opening permit for any street which was constructed or reconstructed
within five years from the date of the request to repair a problem
or condition which existed prior to the time of the construction or
reconstruction and the requestor was sent notice of the construction
or reconstruction, no permit will be issued without the approval of
the Director of Public Works and payment of a permit fee of $10,000
and posting of an escrow in the amount of $10,000 to cover any engineering
or inspection costs. Should a permit be issued, all repairs/restoration
of the roadway shall be in accordance with this article; however,
the surface course shall be infrared to blend the new pavement with
the old pavement.
E.
Restoration; refund or forfeit of deposit.
(1)
As directed below, the street shall be completely and properly restored
within 30 days after the issuance of the permit; and, upon approval
thereof by the Director of Public Works of the Borough of Westville,
the deposit will be refunded by action of the Borough Council. If,
in the opinion of the Director of Public Works, weather conditions
require a temporary repair of the street opening, with permanent repair
to take place with the advent of better weather conditions, then the
person to whom the permit was issued shall temporarily repair the
excavation, and permanent restoration of the street shall be completed
within 14 days of the time that weather conditions permit. If not
restored or should a hazardous condition exist, the Director of Public
Works shall see to its proper restoration, and all deposit moneys
shall be forfeited to the Borough of Westville.
(2)
The street shall be repaired to the same or better condition as the
original roadway. At a minimum, existing pavement shall be saw-cut
in neat lines one foot beyond the excavation or broken bituminous
material and shall be patched with six inches of dense graded aggregate;
six inches of bituminous stabilized base course, Mix 1.2; and two
inches of bituminous wearing course, FABC-1, Mix 1-5. Prior to the
restoration, all excavated material shall not be utilized as backfill
material and shall be lawfully disposed of. All trenches shall be
backfilled with select backfill, NJDOT Designation I-11, compacted
to 95% of the maximum modified density ASTM D1557. The Director of
Public Works may, at his discretion, require compaction testing.
(3)
In the event that the street has been constructed or reconstructed
within five years from the date of the repair, the roadway shall be
repaired in accordance with this article; however, the surface course
shall be infrared to blend the new pavement with the old pavement.
(4)
Speed humps shall be repaired to the same or better condition as
the original speed hump. At a minimum, the pavement surrounding the
speed hump shall be saw-cut in neat lines one foot beyond the excavated
or broken/damaged pavement, the underlying pavement restored in accordance
with this article, and then the hump restored with bituminous wearing
course, FABC-1, Mix I-5 or SP Mix to the thickness, shape and dimensions
of the existing hump and in accordance with all applicable guidelines
and tolerances and as approved by the Director of Public Works.
F.
Responsibility for public safety. The person to whom the permit is
issued shall be responsible to see that the public is warned of and
protected from any opening which is or may be dangerous to the public
in accordance with the latest "Manual on Uniform Traffic Control Devices"
(MUTCD) for work zone traffic control/safety. No open trench of any
kind shall be permitted overnight. No stockpiling of materials or
storage of vehicles shall be permitted within the municipal right-of-way.
The permittee shall be under a duty to properly guard the excavation
and stored materials and equipment by the erection of suitable barriers
by day and approved-type lights or flares by night. He shall be liable
for any neglect to safeguard the traveling public.
The Director of Public Works or such other officer as the Mayor
and Council may designate shall:
The Police Department and/or the designated Code Enforcement
Officer of the Borough of Westville shall enforce the regulations
covering storage of materials, erection of suitable barriers, warning
signs and lights or flares and all other provisions of this article,
so as to safeguard the traveling public.
Except as otherwise provided, any owner, occupier, and/or contractor performing work within the Borough of Westville who violates, refuses to comply or neglects to comply with any provision of this article or any rule, regulation or directive promulgated pursuant thereto shall be liable for penalties as provided in Chapter 1, Article I, § 1-15, General penalty, of the Code of the Borough of Westville. The continuation of such violation for each successive day shall constitute a separate offense, and the owner, occupier, and/or contractor performing work within the Borough of Westville allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
Each section of this article is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective shall not be deemed to affect the validity or
constitutionality of any other sections or parts hereof.
