[Adopted as Ch. 94, Art. I, of the 1973 Code; amended in
its entirety 1-12-1985 by Ord. No. 84:16]
No person, firm or corporation, including utility companies,
shall open, dig up, excavate or disturb the surface of any part of
the public streets, highways, rights-of-way or easements in the Borough
of Somerdale without having obtained a street-opening permit as hereinafter
provided.
As used in this article, the following terms shall have the
meanings indicated:
Includes the paving, sidewalk, curbing, stone, dirt, grass
or any other surface and subsurface within any street, right-of-way,
alley easement or other ownership or land right of the Borough of
Somerdale, whether improved or unimproved.
Street-opening permits shall be obtained in the following manner:
A.
All persons, firms or corporations, including utility companies,
shall follow the following procedure:
(1)
The application, in writing, shall be made on the appropriate form
to be obtained from the Borough Clerk. The purpose of the opening
or excavation is to be specified on the application. The applicant
must endorse the application and shall specify his name, address and
phone number, including emergency or home number. If the applicant
is a corporation, utility company or other entity, then the manager,
President, owner or other most responsible person or his designated
representative may endorse the application. The person(s) signing
the application will be held personally and collectively responsible
and liable in all respects to the respective street opening. The applicant
must specify on the application the length, width and depth of the
street opening. In the event that the length, width and depth vary,
a sketch or plan must be submitted showing all respective dimensions.
Mill and overlay work must be bonded.
[Amended 8-10-2017 by Ord. No. 2017:08]
(2)
Before the application shall be approved, the person, firm or corporation
making the application must have posted with the Borough Clerk a performance
or maintenance surety as set forth in the current Fee Ordinance covering
all openings or excavations made or to be made in a calendar year
or have furnished surety in an amount as set forth in the current
Fee Ordinance covering each proposed opening or excavation set out
in the application. Surety in amounts of $1,000 or less shall be in
cash or equivalent; surety for amounts in excess of $1,000 may be
made by cash or bond. In case a bond is given, the first $1,000 of
the surety must be in cash, and the bond must be approved, in writing,
by the Borough Attorney. The applicant must certify on the application
that the applicant carries current insurance to protect and indemnify
the Borough in the event of any loss, liability or damage that may
result, accrue or be attributable in any way to the making, existence
or manner of grading or constructing any such opening or excavation.
A copy of the insurance policy must be submitted to the Borough Clerk
prior to any excavation. Mill and overlay work must be bonded.
[Amended 9-12-1990 by Ord. No. 90:09; 8-10-2017 by Ord. No. 2017:08]
(3)
The required cash or equivalent performance and maintenance surety
will be wholly or partially refundable or returnable upon satisfactory
restoration of the street by the applicant, which must be certified,
in writing, by the Superintendent of Public Works or the Borough Engineer.
In the event that the public street, highway, right-of-way or easement
has not been properly protected during construction, the Superintendent
of Public Works will order and install the proper safety devices,
the cost of which will be chargeable against the performance and maintenance
surety. In the event that the public street, highway, right-of-way
or easement has not been properly restored to the satisfaction of
the Superintendent of Public Works or Borough Engineer within 30 calendar
days of backfilling the opening or excavation, the Superintendent
of Public Works may, at his discretion, have said street, highway,
right-of-way or easement properly restored, the cost of which shall
be chargeable against the performance and maintenance surety. In the
event that the amount of the performance and maintenance surety is
insufficient to cover the cost of protection and/or restoration, an
invoice for the amount of the insufficiency will be sent to the applicant
by the Borough Clerk for payment within 30 calendar days. Where any
condition exists due to the opening or excavation which is detrimental
to the public health, safety and welfare, the Superintendent of Public
Works shall, with the concurrence of the Borough Engineer, in written
notification to the applicant, promptly correct those adverse conditions
if necessary, in the opinion of the Borough Engineer, to the extent
of a complete restoration of the public street, highway, right-of-way
or easement.
(a)
The partially or wholly refundable performance and maintenance
surety shall be as set forth in the current Fee Ordinance.
[Amended 9-12-1990 by Ord. No. 90:09]
(b)
Any and all inspection fees or fees by the Borough Engineer
which exceed 50% of the application fee will be chargeable against
the performance and maintenance surety prior to reimbursement to the
applicant.
(4)
The nonrefundable application fee for such permits must be posted
with the Borough Clerk, in addition to the partially or wholly refundable
performance and maintenance surety, and such fee shall be as set forth
in the current Fee Ordinance. The application fee which is charged
is to cover administrative costs, reviews and/or inspections by the
Superintendent of Public Works and/or Borough Engineer and any other
similar type cost. When various types of surfaces are part of the
proposed opening, excavation or disturbance of surface, the application
fee shall be for the surface which costs the most, but the application
fee shall not be accumulative for each surface encountered.
[Amended 9-12-1990 by Ord. No. 90:09]
(5)
Upon approval of the application by the Superintendent of Public
Works or the Borough Engineer, the applicant shall receive from the
Borough Clerk a permit to perform the requested work.
(6)
Said permit shall be available for inspection upon request by proper
officials.
(7)
The New Jersey Department of Transportation Standard Specification
for Road and Bridge Construction (latest edition) with all amendments
and supplements shall govern the materials and work performed, under
the permit issued for this work.
[Added 8-10-2017 by Ord. No. 2017:08]
(8)
The applicant shall contact the New Jersey One-Call Center (811 or
1-800-272-1000) prior to performing any excavation within any Borough
right-of-way.
[Added 8-10-2017 by Ord. No. 2017:08]
B.
Public utility corporations operating under franchise grant in said Borough shall follow the procedures as provided in Subsection A above, except in the case of emergencies, when said application shall be made within 24 business hours. Emergency openings within any pavement five years or less in age will require the respective utility company to mill and overlay the entire width and length of the block of the street in which the emergency opening was created.
[Amended 8-10-2017 by Ord. No.
2017:08]
C.
All persons, firms or corporations, including public utility corporations, granted a permit under the above schedule of fees shall, in addition to refilling the opening or excavation as provided in § 223-9 of this article, replace the excavation and repair the street surface as follows or as directed by the Superintendent of Public Works or the Borough Engineer:
[Amended 8-10-2017 by Ord. No.
2017:08]
(1)
All excavated materials from the trench opening shall not be used
for trench backfill material unless the material is approved by Superintendent
of Public Works prior to the placement of the material into the trench.
Trench backfill material shall consist of gravel, quarry dense graded
aggregate, sandy soils or flowable fill (also known as controlled
low strength material - CLSM), subject to the approval of the Superintendent
of Public Works prior to the placement of the material into the trench.
(2)
All trench backfill material shall be placed in layers in the trench
and compacted in such a manner and by such methods to achieve 95%
standard proctor density throughout the entire area to be backfilled.
The maximum thickness of each layer shall not exceed eight inches
loose measurement unless it can be demonstrated that lifts exceeding
eight inches meet above-mentioned 95% compaction requirement. The
Superintendent of Public Works may require the permit holder to perform
in-place density testing for one or more lifts to ensure the backfill
meets the specified compaction requirements.
(3)
The surface of the opening or excavation is to be restored as follows:
(a)
Street paving: six-inch-thick quarry dense graded aggregate
subbase with, at least, two inches thick of HMA, 9.5M64 surface course
over two inches thick of HMA, 9.5M64 or HMA, 19M64 base course, or
as specified by the Superintendent of Public Works or the Borough
Engineer. Hot AC-20 shall be applied to the sides of the existing
pavement and horizontal joints, along the sides of the trenches and
milled pavement areas.
(b)
Driveway aprons and sidewalks at driveways shall be six inches
thick dense graded aggregate subbase with, at least, six inches thick
N.J.D.O.T. Class B concrete, except at commercial and industrial driveways
and sidewalks at driveways the thickness of the concrete shall be
at least eight inches thick.
(4)
If the applicant intends to open the street, resulting in two or
more trench pavement restoration areas (existing and proposed) from
street openings within the half-width of the street (curbline or edge
of pavement to the physical center line of the street) or four or
more trench pavement restoration areas (existing and proposed) from
street openings within the full width of the street (existing and
proposed) of any sizes, with any fifty-foot-long segment of the street,
the applicant must mill the pavement 1 1/2 inches thick and overlay
with surface course, from one foot before the beginning of the first
opening to one foot past the end of the last opening. If the openings,
within the half-width of the street, extend past the physical center
line of the street, the applicant will be required to extend the limits
of mill and overlay to one foot past the edge of any opening, which
is farthest from the center line of the street, or to the opposite
curbline if the openings extend more than 25% into the other half-width
of the street. If the distance between the above-mentioned, required
limits of mill and overlay areas are less than 200 feet apart, the
applicant will be required to mill and overlay the undisturbed pavement
area, which is between the mill and overlay areas containing the openings.
The applicant will be required to mill and overlay the half-width
of a segment of the street, which contains a longitudinal street pavement
restoration area from street openings, of any width and longer than
20 feet, one foot before the beginning of the trench to one foot past
the end of the trench. If the distance between any longitudinal opening
is within 200 feet of any other trench pavement restoration area from
the street openings (existing and proposed), the applicant will be
required to mill and overlay the undisturbed section of the street,
which is between the mill and overlay areas containing the trench
pavement restoration areas from street openings. The overlay shall
be consistent with the profile and cross slope of the adjacent portions
of the existing street pavement, resulting in a smooth and even rideable
surface and no ponding within the pavement overlay surface. Prior
to constructing the surface course, the applicant shall be responsible
for the adjusting and arranging of all facilities, such as manholes,
inlets, utility boxes, etc., so that they will be consistent with
the surface of the overlay pavement. Tack coat shall be applied to
the surface of the milled pavement, immediately, before the construction
of the overlay pavement.
(5)
The applicant will be responsible for the application of all traffic
lines and markings, which were removed as part of the permitted work.
Any temporary lines and markings may be latex paint of the appropriate
color. The permanent lines and markings shall be thermoplastic, 125
mil thickness, with glass beads applied to the surface of the lines
and markings.
No part of a street shall be tunneled under or undermined, except
in such cases as may be approved by the Superintendent of Public Works
and/or the Borough Engineer. The charges, however, shall be the same
as if the surface had been removed.
Whenever the excavation, opening or trench exceeds the size
set forth in the application, an extension of the permit must be secured
to cover such extra excavation, opening or trench within 48 hours.
Failure to secure such an extension shall result in a penalty of 10%
of the overall fee.
A.
All openings, excavations or surface disturbances shall be subject
to a periodic inspection by the Superintendent of Public Works and
the Borough Engineer and must be approved, in writing, by the Superintendent
of Public Works or the Borough Engineer before the applicant may apply
for partial or entire reimbursement of the performance and maintenance
surety from the Borough.
B.
The performance and maintenance surety may not be returned to the
applicant until at least 45 days after the restoration of the street,
highway, right-of-way or easement, nor until it has been approved,
in writing, by the Superintendent of Public Works or the Borough Engineer.
In the event that the opening, excavation or surface disturbance settles
or any other related problems arise during the forty-five-day maintenance
period, the restoration shall be redone by the applicant, if necessary,
and the approval procedures shall begin all over again.
C.
Prior to any opening or excavation, the Superintendent of Public
Works may order the applicant or his representative to conduct test
borings or test pits to determine whether any utilities or any other
problems might be encountered.
All excess excavated materials and debris must be removed by
the applicant or his representative at the end of each workday. During
the workday, the excavated materials must be placed in safety devices
erected so that there will never be any conditions which are adverse
to public health, safety and welfare.
All persons, firms or corporations granted a permit hereunder
shall, at all times, maintain suitable protective barriers or barricades
and display proper warning signals and flags in accordance with the
current edition of the Manual of Uniform Traffic Control Devices,
or any supplements or amendments thereto, and to the satisfaction
of the Superintendent of Public Works or the Borough Engineer during
the entire period of the opening, excavation or surface disturbance,
up to the point of expiration of the forty-five-day maintenance period.
[Amended 9-12-1990 by Ord. No. 90:09]
Any person who violates any provision of this article shall,
upon conviction thereof, be subject to any combination of the following:
