[1997 Code § 304-19]
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb within the right-of-way of any municipal street within the City of Absecon for any purpose whatsoever without first securing a permit therefor as hereinafter provided.
[1997 Code § 304-20]
A. 
Application for permission to make any street opening between the curblines, driveways or in any sidewalk area shall be made to the City Engineer. Such application shall be made on the required application form and shall be signed by the applicant and shall specify:
(1) 
The applicant's name, address and phone number (local and out of town).
(2) 
The name, address and phone number of the person or firm who will be performing the work.
(3) 
The length and width of such excavation.
(4) 
The purpose for which the excavation is to be made.
(5) 
The estimated time required to complete the work and restore the surface.
(6) 
Such other information as may be prescribed by the City Engineer.
B. 
A fee of $200 shall be paid to the City Clerk to the City Engineer prior to the issuance of the permit for all excavations of less than or equal to six square yards. If the area to be opened, disturbed or undermined exceeds six square yards, the additional yardage shall be classified as "excess yardage," and an additional fee shall be due and payable by the applicant for all yardage in excess of six square yards at a rate of $10 per square yard.
C. 
The area to be opened, disturbed or undermined by the applicant shall be measured and determined by the Office of the City Engineer.
[1997 Code § 304-21]
No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period of five years after the completion of said construction, reconstruction or overlay, except in the event of an emergency or hardship as described below. The five-year period as articulated herein shall be calculated from December 31st of the year in which the road was constructed, reconstructed or overlaid and run five years thereafter.
A. 
Emergency opening.
(1) 
In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, said emergency opening shall be reviewed by the City Engineer and if the said City Engineer shall determine that no such emergency existed, then the entity so opening the street and/or roadway shall have a fine imposed upon such entity in the amount of $1,000 for the first nonemergency opening, $5,000 fine for a second non-emergency opening, and $10,000 fine for a third nonemergency opening.
B. 
Hardship condition.
(1) 
In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to this section, the City of Absecon may grant relief if all of the following conditions are met:
(a) 
A letter addressed to the City, c/o City Clerk, is received detailing the hardship and necessity of opening the street in lieu of waiting the prescribed period of time.
(b) 
Upon receipt of the letter, a public meeting date will be set for the City to take formal action.
(c) 
The property owner making request shall serve a notice to all property owners within 200 feet, by certified mail, return receipt requested, or by personal hand delivery, a minimum of 10 days prior to the public meeting.
(d) 
The property owner shall file a copy of the notice served to adjoining property owners with an affidavit of proof of delivery of notice with the City Clerk at least three days prior to the public meeting. The notice must:
[1] 
Identify the property by street address and block and lot.
[2] 
State the reason for the hardship.
[3] 
State the type and size of the utility opening.
[4] 
Advise the adjoining property owners that if they have any objections, they must advise the City Clerk, in writing, as to their objections to proposed street opening at least three days in advance of the public meeting.
[5] 
State date and time of public meeting.
[6] 
Be approved by the City Clerk prior to mailing.
(e) 
The City shall consider the request at a public meeting and review all objections received, in writing. Approval or denial of the request shall be through formal adoption of a resolution.
(f) 
A request which included the extension of a utility main shall not be considered and will be automatically denied.
(g) 
A request based solely on economic savings shall not be considered and will be automatically denied.
C. 
Roadway restoration.
(1) 
In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the City during the previous five years a full width restoration will be required. The restoration will consist of six-inch dense graded aggregate base course, and a six-inch bituminous stabilized base course, Mix 1-2, brought to existing grade, within the excavated area. A full width, curb to curb, milling two inches in depth to extend 20 feet beyond the limit of excavations will be performed after proper settlement in the trench area. The allowable time for the settlement shall be 45 days unless otherwise directed by the City Engineer. The final surface course shall be a two-inch bituminous concrete surface course, Mix I-5. See detail at end of chapter.
(2) 
Trench restoration may be permitted under special circumstances and at the option of the City of Absecon and City Engineer for openings having a minimum impact on the longevity and serviceability of the street in question. Details may be found in the office of the City Engineer.
[1997 Code § 304-22]
The Engineer upon receipt and examination of the application and the fee referred to herein above, shall issue a permit under his hand for the excavation. He shall specify on the permit that it is good for a thirty-day period from the date of issuance. He shall further specify on the permit that such work shall be completed and restored within 48 hours after work is commenced or within a duration of time which his opinion is reasonable and fair. The applicant shall notify the City Engineer 24 hours before the commencement of any work so that appropriate inspection can be made where required.
[1997 Code § 304-23]
The applicant to whom such permit is issued shall, within the time limited in such permit, replace the earth and pavement in the excavation in such manner that the same shall be left in as good condition as it was before the excavation was commenced. Except as otherwise herein stated, all street work performed shall be in accordance with the applicable provisions of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction 1989 and as amended. Reference to articles or sections hereinafter refer to the State highway specifications.
A. 
Trenches shall be backfilled in layers not to exceed six inches and a vibratory tamper must be used, 95% compaction shall be required. Puddling of backfill is strictly prohibited. Should there be a deficiency, additional backfill material shall be supplied by the permittee. Whenever the City Engineer shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
B. 
Roadways with a concrete base shall be restored using a combination of concrete and asphalt. The amount of concrete and asphalt to be used at each such excavation shall be as directed by the City Engineer. Details may be found in the office of the City Engineer.
C. 
Bituminous concrete street restoration specifications.
(1) 
Gravel.
(a) 
Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate. Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the NJDOT requirements for 1-5 materials. The City Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the costs of said analysis borne by the applicant.
(2) 
Temporary restoration.
(a) 
Less than 100 square feet.
[1] 
For openings in asphalt roadways that are less than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level of six inches below the level of adjacent paved surfaces. A four-inch lift of stabilized base course, mix I-2, followed by a two-inch lift of a bituminous concrete cold patch installed to grade.
[2] 
These temporary surfaces shall be in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(b) 
Greater than 100 square feet.
[1] 
For openings in asphalt roadways that are greater than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level 6 inches below the level of the adjacent paved surfaces. A six inch lift of stabilized base course, Mix 1-2, shall then be installed to grade.
[2] 
These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(3) 
Final restoration.
(a) 
Less than 100 square feet.
[1] 
For openings less than 100 square feet, the final restoration will involve the removal of the top two inches of bituminous concrete cold patch. All edges shall be saw cut six inches beyond the actual trench width disturbed to produce a clean edge and said edges shall be prepared with an asphaltic tack coat. A two-inch lift of bituminous concrete surface course, Mix 1-5, shall then be placed to a level even with the existing road grade.
(b) 
Greater than 100 square feet.
[1] 
For openings greater than 100 square feet, the trenches shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two inch lift of bituminous concrete surface course, Mix I-5, being placed to a level even with the existing road grade.
(4) 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the City Engineer.
D. 
If more than three individual excavations would be required within a fifty-foot length, a single trench must be used rather than the individual excavations. Final restoration will require a minimum of 1/2 width of the cartway. The trench shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench limit from the centerline of the cartway to the curbline. Details may be found in the office of the City Engineer. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of bituminous concrete surface course, Mix I-5, being placed to a level even with the existing road grade.
E. 
In all cases where concrete has to be removed prior to any excavation, saw cut methods of removal shall be used. The restoration of the concrete shall be according to the following specifications:
(1) 
It shall be Class B with a design strength of 3,700 psi.
(2) 
It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
(3) 
It shall have a minimum width of not less than five feet for sidewalks.
(4) 
It shall have control joints not more than five feet for sidewalk, 10 feet for curb and gutter and expansion joints not more than 20 feet for sidewalk, curb and gutter.
By the acceptance of such a permit, the applicant shall be deemed to have agreed to comply with the terms hereof, and upon his failure to do so to pay on demand any cost or expense that the City may incur by reason of any shrinkage or settlement in the excavated area resulting from such excavation if such shrinkage or settlement shall occur within three months from the time the surface thereof is restored.
[1997 Code § 304-24]
Before any permit is issued for any work in a public street, certain performance and maintenance sureties are to be posted with the City Clerk.
A. 
Performance surety.
(1) 
The performance surety shall be in the form of either a corporate guaranty bond or a surety guaranty bond issued by a company authorized to do business in the State of New Jersey, in a form satisfactory to the City Clerk and in the penal sum of 100% of the full amount of the total estimated construction costs. A certified check drawn in favor of the City of Absecon for the same amount 100% of the total estimated construction costs) may be substituted for the performance surety. The estimated costs of the proposed work shall be based upon current market values, and said amount shall be prepared by the applicant and approved by the City Engineer.
(2) 
In lieu of the above-mentioned performance surety, public utility companies or authorities may post an annual performance surety for $10,000 or for an increased amount determined by the City Engineer. The form of surety shall be approved by the City Solicitor.
B. 
Maintenance surety.
(1) 
In addition to the posting of a performance surety, and as a condition to the release of same, the City of Absecon may, at their discretion, require the applicant to post a maintenance surety in the form of either a surety or guaranty bond issued by a company authorized to do business in the State of New Jersey, in a form satisfactory to the City Solicitor and in the penal sum of 15% of the performance surety. A certified check, drawn in favor of the City of Absecon, for the same percentage (15% of the performance surety) may be substituted for the maintenance surety.
(2) 
Public utility companies or authorities posting and continually maintaining a performance surety in accordance with this section will not be required to post a separate maintenance surety.
C. 
The applicant shall be responsible for all maintenance and repairs required at the site for a period of one-year following completion of construction.
[1997 Code § 304-25]
A. 
All applicants and their agents and employees are required to be covered by a policy or policies of liability insurance. Said insurance shall provide coverage for public liability of at least $100,000 per person per occurrence, $300,000 per occurrence for bodily injury liability and at least $50,000 per occurrence for property damage.
B. 
A certificate of insurance that confirms the aforementioned coverage shall be submitted to the City Engineer whenever a performance surety is posted.
[1997 Code § 304-26]
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 fireplugs.
Passageways leading to fire escapes or fire-fighting equipment shall be kept free of debris, construction materials or other obstructions.
[1997 Code § 304-27]
Protection of traffic must be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways.
[1997 Code § 304-28]
A. 
The City shall not be responsible for any injury or damage to persons or property resulting from the negligence of the applicant or his servants, agents or employees in making, grading or filling any excavation permitted under the terms of this Article.
B. 
This Article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured in 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 authorized hereunder, the issuance of any permit or the approval of any excavation work.
[1997 Code § 304-29]
Any person, firm or corporation violating any of the provisions of this Article shall, upon conviction thereof before the Judge of the City Court, be subject to a fine not exceeding $1,000 or to imprisonment in the City or County jail for a period not exceeding to 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in Section 304-21A.
[1997 Code § 304-30]
Street openings and excavations performed by the City of Absecon or agents of the City of Absecon are exempt from the provisions of this chapter.