[Adopted 6-13-1950 by Ord. No. 3-50; amended in its entirety 12-13-2005 by Ord. No. 19-05]
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 Oaklyn 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 Superintendent
of Public Works.
[Amended 4-14-2009 by Ord. No. 5-09]
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 Superintendent of Public
Works.
[Amended 4-14-2009 by Ord. No. 5-09]
C.
The foregoing permit shall be good 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 § 112-7 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.
[Amended 4-14-2009 by Ord. No. 5-09]
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 § 112-1A, 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 Oaklyn.
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 § 112-1 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 in 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 chapter 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 Superintendent 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.
[1]
Editor's Note: Former § 112-4, Restoration
by the Borough; collection of costs, as amended, was repealed 10-18-1988
by Ord. No. 15-88.
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 Superintendent 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 Superintendent of Public
Works.
B.
Backfill material shall be such as is approved by
the Superintendent 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
Superintendent 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 Superintendent 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 Superintendent
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 Superintendent of Public Works. The Superintendent 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.
[Amended 8-10-2010 by Ord. No. 12-10; 10-10-2017 by Ord. No. 11-17]
(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)
A disturbance due to a service main replacement of at least
30% of the length of the roadway or 20% 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 § 112-7D(1)(b)[1] shall be solely and exclusively determined by the Borough Engineer.
(2)
This section shall not be construed as requiring the Borough of Oaklyn,
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 Superintendent 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
chapter; however, the surface course shall be infrared to blend the
new pavement with the old pavement.
E.
Restoration;
refund or forfeit of deposit.
[Added 8-10-2010 by Ord. No. 12-10]
(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 Superintendent of Public Works of the Borough of Oaklyn;
the deposit will be refunded by action of the Borough Council. If,
in the opinion of the Superintendent 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 Superintendent
of Public Works shall to its proper restoration, and all deposit
moneys shall be forfeited to the Borough of Oaklyn.
(2)
The
street shall be repaired to the same or better condition as the original
roadway. At a minimum, existing pavement shall be sawcut 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,
N.J.D.O.T. Designation I-11, compacted to 95% of the maximum modified
density ASTM D1557. The Superintendent 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 chapter; 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 sawcut in neat lines one foot beyond the excavated or broken/damaged
pavement, the underlying pavement restored in accordance with this
chapter 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 Public Works Superintendent.
F.
Responsibility
for public safety. The person to whom the permit is issued shall be
responsible to 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" (M.U.T.C.D.)
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.
[Added 8-10-2010 by Ord. No. 12-10]
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 Superintendent of the Department 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 Oaklyn 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 Oaklyn 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, § 1-14 of the Code of the Borough of Oaklyn. 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 Oaklyn allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.