[Added 5-17-2017 by Ord.
No. 17-15]
No person, business or corporation shall dig up, break, tunnel,
undermine, disturb, or in any manner excavate any Borough street,
road, right-of-way, sidewalk, curbing, or public easement, or make
or cause to be made any excavation in or under the aforementioned
areas for any purpose or place, or deposit, or leave in any of the
aforementioned areas any earth or other excavated material obstructing
or intending to interfere with the free use of same unless such person
shall first have obtained an excavation permit therefor from the Code
Enforcement Officer as hereinafter provided. Openings may be made
without the necessity of filing a written application and obtaining
an excavation permit only in emergencies, such as a broken or frozen
water main, gas leak, or other happening which would endanger public
life, health and safety; provided, however, that notice thereof shall
be immediately given verbally to the Municipal Engineer, Superintendent
of Public Works or Police Department, and written application in accordance
with this article shall be made within 48 hours.
No excavation permit under this article shall be issued until
the person, business or corporation seeking such permit shall have
first done the following:
A.
Made a written application for the issuance of such permit submitted
to the Code Enforcement Officer, signed by the person making the application
or by a duly authorized agent, and containing the following information:
(1)
Name, address and telephone number of the person for whom the work
is to be performed.
(2)
Name, address and telephone number of the person performing the work.
(3)
Location of the work area, including a map or sketch.
(4)
An outline or plan describing the work to be performed.
(5)
Number of square yards of surface to be opened.
(6)
Cubic content of material to be excavated.
(7)
Type of surface to be removed or disturbed.
(8)
Cubic content of material to be burrowed.
(9)
Date and time of commencement and estimated date of completion with
an agreement by the applicant to refill or resurface the opening or
excavation so that the street surface shall be restored to the same
condition, or better, in which it was before.
(10)
The types of proposed traffic control devices and procedures
to be utilized for the project, which devices and procedures shall
be in conformity with the guidelines set forth in the Manual of Uniform
Traffic Control Devices, current edition, hereinafter called the "Manual."
(11)
The names and telephone numbers of at least two persons responsible
on a twenty-four-hour call basis to handle emergency repairs for the
contractor.
B.
Permit fee.
(1)
A permit fee shall be charged for the issuance of an excavation permit
which shall be in addition to all other fees for permits or charges
relative to any proposed construction work. The following schedule
of nonrefundable fees is established to be paid to the Borough in
conjunction with the issuance, supervision and inspection of excavation
work.
C.
In the case of openings more than 16 square feet and four feet deep,
the applicant must furnish to the Borough a cash or surety bond to
guarantee that the opening or trench made by the permittee will be
closed properly. Upon completion of the work in a satisfactory manner,
the bond or cash surety will be released in return for a maintenance
bond or cash guarantee that the road, street, or highway over the
same will remain in good condition for at least one year after the
closing by the permittee. The minimum amount of each maintenance bond
shall be 25% of the amount of the cash or surety bond, but shall not
be less than $500. A utility company may, in lieu of giving a separate
maintenance bond on each project, annually, once in January of each
year, give the Borough such a bond for $5,000; provided that when
the total linear footage of openings or trenches made by such utility
company reaches 5,000 feet, such utility company may give either an
additional bond or deposit cash security in an amount equivalent to
$1 per foot of length of additional openings or trenches it desires
to make in that calendar year.
D.
Deliver to the Borough satisfactory proof of insurance in the minimum
amount of $1,000,000 per person, and $3,000,000 per occurrence, insuring
the permittee and the Borough against liability for injury or loss
sustained by any person or persons as a result of the acts of commission
or omission of the permittee, or any servants, agents or employees
of the permittee.
A.
In the case of all openings larger than 16 square feet and four feet
deep, the application shall be forwarded to the Municipal Engineer
for review as to whether or not a permit should be issued. If it is
recommended by the Municipal Engineer that a permit be issued, the
Code Enforcement Officer will issue same and forward the money tendered
with the application and permit fee to the Chief Financial Officer
for deposit. If the permit is denied, then the Code Enforcement Officer
shall retain the application fee and notify the applicant in writing
no later than five days after the action of the Municipal Engineer
regarding the application.
B.
In addition, every opening and all excavations, backfilling or grading
shall be done by the person to whom any permit is issued. Such person
shall give at least 72 hours' written notice to the Municipal
Engineer prior to the commencement of any work.
C.
All work shall be performed and completed in such a manner as to
cause a minimum of interference with travel on the street affected.
No street shall be closed to traffic unless the closing is approved
by the Chief of Police. Street and/or traffic lanes approved for closure
to traffic must be closed and then reopened at the times specified
in the application, with no deviations permitted. The Police Department
shall be informed in writing of all street closings at least 24 hours
in advance, except where the work is of an emergency nature, in which
case notice shall be given to the Police Department when work commences.
D.
Construction work will be permitted only during the hours and times
specified on the application and in accordance with municipal ordinances
which regulate the times of construction work. The Municipal Engineer
or Public Works Superintendent must approve emergency situations or
work required beyond the permitted time.
When the Borough shall improve or pave any street, the Code
Enforcement Officer shall first give notice by certified and regular
mail to all persons owning property abutting on the street about to
be paved or improved, and to all public utilities and authorities
operating in the Borough, and all such persons, utilities, and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation or disbursement of the street, within 90 days
from the provision of such notice. The time shall be extended if permission
is requested in writing and approved by the Municipal Engineer.
No permit shall be issued by the Code Enforcement Officer to
any person which would allow an excavation or opening in a street
surface which was paved or improved less than five years prior to
the date of the application, unless the applicant can clearly demonstrate
that public health or safety requires that the proposed work be permitted
or unless an emergency condition exists or the applicant can demonstrate
through documentation a significant personal hardship, including but
not limited to a medical hardship. In such cases, the applicant shall
make the request for a waiver of the permit moratorium in writing
to the attention of the Borough Council, which may approve such waiver
by resolution.
A.
Whenever an opening is made in a paved road, the surface pavement
shall be cut with a pavement cutter no wider than one foot outside
of the proposed excavation. Where paved sidewalks and gutters or curbing
are to be crossed, they shall in no case be removed, but the work
shall be done by tunneling beneath them. The work shall be so conducted
as to not interfere with the water, sewer, or gas mains or any connections
with any building or structure until permission of the proper authorities
shall have been obtained. All rock within five feet of any water,
sewer, or gas main or other pipe, which may be damaged thereby, shall
be removed without blasting. No excavation that will damage trees
or shrubbery shall be made without the approval of the Municipal Engineer.
B.
Where 25% or more of the existing pavement surface has been destroyed
or disturbed, final paving shall consist of a one-and-one-half-inch
overlay of the entire width of the pavement surface with bituminous
concrete Type FABC (Mix I-5).
C.
All pavement openings for which any permit is granted shall be replaced
by the permittee by a temporary pavement of a bituminous concrete
Type A immediately after filling. Permanent pavement is to be restored
by the permittee no less than 30 days nor more than 60 days after
opening is made, unless this time is extended by the Municipal Engineer,
depending on the road and weather conditions.
D.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Chief of Police and Superintendent of Public
Works deem necessary to secure the traveled way for snow removal operations.
At the first sign of precipitation, all work on the shoulders and
traveled way shall stop and they shall be cleared of all dirt, etc.,
and then backfilled so as not to interfere with Borough snow operations
until the weather permits resumption of work.
E.
The permittee shall maintain the trench and regrade the subgrade
as required until final paving is installed. In case the work has
not been completed before the day of expiration as shown in the permit
and the permittee has not requested an extension of time, the Superintendent
of Public Works may, if he or she deems it advisable and necessary,
take steps to backfill the trench and replace a permanent pavement
over the opening for which the permit has been issued, and if any
extension of time beyond said date is needed for the completion of
work, a new application must be filed if required by either the Municipal
Engineer or the Superintendent of Public Works.
F.
The restoration of the opening or trench shall be maintained for
one year after completion.
G.
In the event that the proposed excavation or opening is to extend
across the entire width of a public street, no more than 1/2 of the
traveled road surface shall be opened at any one time and such half
shall be backfilled before the other half is opened. No excavation
within and/or immediately adjacent to roadways available to traffic
shall remain open after the hour of 5:00 p.m., nor over any weekend
or holiday, unless special permission has been granted by the Municipal
Engineer.
H.
The excavation and all piles of excavated material, or any stored
material to be used in the work to be performed, shall be carefully
marked with barriers complete with appropriate warning devices that
shall conform to the Manual. The permittee shall take appropriate
measures to assure that during the performance of the excavation work,
traffic conditions shall be maintained at all times so as to minimize
inconvenience to the public and to the occupants of the adjoining
property, and to assure the passage of emergency vehicles including
first aid, fire and police.
I.
During the hours of actual operation, construction, excavation or
other work at the site, the permittee shall maintain and have in attendance
at least one flag person who shall be responsible for the flow of
traffic to assure safe passage of vehicles in both directions and
to avoid traffic hazards during the use of heavy equipment. When traffic
conditions permit, the Chief of Police (or his or her duly authorized
representative) may, by written approval, permit the closing of municipally
owned streets to all traffic for a period of time prescribed by the
Chief if, in the Chief's opinion, it is necessary. Such written
approval shall require that the permittee give notification to various
agencies, first aid and fire companies, and to the general public.
In such cases, such written approval shall not be valid until such
notice is given. Warning signs shall be placed far enough in advance
of the street, and cones or other approved devices shall be placed
to channel traffic, in accordance with the instructions of the Chief
of Police of the Borough.
J.
The permittee shall maintain safe crossings for two lanes of traffic
at all intersections where possible, and safe crossings for pedestrians
at intervals not more than 300 feet.
K.
No work may commence before markout by the appropriate agencies.
Right-of-way or property monuments and/or markers, traffic control
devices and other public entity maintained devices in the right-of-way
shall not be removed or disturbed unless permission to do so is first
obtained in writing by the Municipal Engineer.
L.
No person shall divert or pump surface or other waters onto or across
Borough roads or do any act upon property abutting Borough roads resulting
in the flow or spill of water from the property across the Borough
roads. No dewatering equipment, well, points, or piping shall occupy
the traveled portions of roadways unless specifically approved and
adequately protected to the satisfaction of the Municipal Engineer.
M.
Effluent from dewatering systems shall be discharged in such a manner
that erodible soils are not adversely affected. All silt and sediments
being carried in the dewatering effluent must be intercepted prior
to effluent discharge into any drainage system through use of a sedimentation
basin designed to allow retention of discharge for sufficient time
to render such waters free of suspended silt and sediments. The use
of screening devices in lieu of a sedimentation basin must receive
specific approval and be employed only for minor flows.
N.
The permittee shall not interfere with any existing utility without
the written consent of the utility owner. If it becomes necessary
to relocate an existing utility, this shall be done by the owner.
No utility owned by the Borough or any authority shall be moved to
accommodate the permittee unless the cost of such work be borne by
the permittee. The cost of moving a privately owned utility shall
be similarly borne by the permittee unless the permittee makes other
arrangements with the person or persons owning the utility. The permittee
shall support and protect by methods approved by the Municipal Engineer,
all pipes, conduits, poles, wires and other apparatus which may be
in any way affected by the excavation work, and do everything necessary
to support, sustain and protect them under, over, along and across
the work. The permittee shall secure approval of method of support
and protection from the owner of the utility in case any of the pipes,
conduits, poles, wires or apparatus should be damaged, and for this
purpose pipe coating or other encasement of devices are to be considered
as part of a substructure, the permittee shall promptly notify the
owner thereof. All damaged utilities shall be repaired by the agency
or person owning them and the expense of such repairs shall be charged
to the permittee. It is the intent of this subsection that the permittee
shall assume all liability for damage to utilities and any resulting
damage to or injury to anyone because of such utility damage and such
assumption of liability of a contractual obligation of the permittee.
The only exception will be such instances where damage is exclusively
due to the negligence of the owning utility. The Borough shall not
be made a party to any action because of this section.
A.
All material excavated from trenches and piled adjacent to the trench
or in any street shall be piled and maintained in such manner as not
to endanger those working in the trench, pedestrians or users of the
streets, and so that as little inconvenience as possible is caused
to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, the Municipal Engineer shall
have the authority to require that the permittee haul the excavated
material to a storage site and then rehaul it to the trench site at
the time of backfilling. It shall be the permittee's responsibility
to secure the necessary permission and make all necessary arrangements
for all required storage sites. However, if material requires disposal,
the permittee shall dispose of all excavated materials at an approved
location for this purpose. In its application, the permittee shall
also describe in detail the location where any and all excavated materials
shall be disposed of and provide written documentation that the proposed
location for disposal is an approved location for this purpose. If
said location is a landfill, the permittee shall provide proof that
said landfill is registered and licensed to accept such material.
B.
All material excavated shall be laid compactly along the side of
the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic, or as
specified by the Superintendent of Public Works or the Municipal Engineer.
Whenever necessary, in order to expedite the flow of traffic or to
abate the dirt or dust nuisance, toe boards or bins may be required
by the Municipal Engineer to prevent the spreading of dirt into traffic
lanes. Further, no person shall place any material on or along any
Borough road, gutter, or shoulder resulting in any stoppage of drainage
along the road or roads.
C.
Any and all material excavated and stored or piled at or near any
intersection, driveway or other access roads or alleys shall be so
stored and piled as to provide an adequate line of site for those
persons entering and exiting the intersection streets, alleys or driveways,
which line of sight shall provide a minimum of 150 feet visibility.
D.
The permittee shall completely backfill the excavation and replace
as great a portion as possible of the material excavated, compacting
it by flushing, tamping or other suitable means, and supply additional
material where there is a deficiency. Whenever the Municipal Engineer
shall deem the material unsatisfactory for backfill, the permittee
shall backfill the trench with sand, or other acceptable material
compressed as required, and shall remove all excess material from
the premises. If tamping alone is employed, the material shall be
placed in layers not exceeding six inches in thickness, moistened
as directed, and each layer adequately tamped until thoroughly compacted.
E.
Where excavations are made in tunnels beneath concrete pavement or
beneath a pavement having a concrete base, the tunnel shall be backfilled
with concrete composed of one part of cement, two parts of sand, and
five parts of broken stone or washed gravel, or another approved material,
tamped into place so that the cavity is completely filled.
F.
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock and other debris resulting
from such work. All cleanup operations at the location of such excavation
shall be accomplished at the expense of the permittee and shall be
completed to the satisfaction of the Superintendent of Public Works.
From time to time, as may be ordered by the Superintendent of Public
Works, and in any event immediately after completion of the work,
the permittee shall, at its own expense, clean up and remove all refuse
and unused materials of any kind resulting from the work, and upon
failure to do so within 24 hours after having been notified to do
so by the Superintendent of Public Works, the work may be done by
the Superintendent of Public Works and the cost thereof charged to
the permittee. The permittee shall also be liable for the cost thereof
under the surety provided hereunder.
G.
After the backfilling of the opening or trench has been completed
as above specified, the restoration of the pavement shall be governed
by the following applicable rules:
(1)
In the case of an opening or trench in the earth shoulder, the permittee
shall restore the top four inches of the trench or opening with material
capable of supporting the growth of grass and shall fertilize and
seed the surface with grass seed.
(2)
In the case of a gravel pavement, the permittee shall fill in the
top eight inches of the excavated trench or opening with compacted
soil aggregate Type I-2.
(3)
In the case of a penetration macadam road that consists of broken
stone of various sizes, the permittee may salvage the broken stone
and replace it in the top of the trench similar to the original pavement
and cover it with two inches of hot-mixed bituminous concrete.
(4)
In the case of a gravel-based bituminous concrete road, the permittee
shall restore the surface with six inches of compacted soil aggregate
Type I-2, covered with four inches of bituminous stabilized base stone
mix and two inches of bituminous concrete surface course, Type FABC-1,
Mix No. I-5.
(5)
In the case of a bituminous-treated gravel road, the permittee shall
restore the surface with six inches of compacted soil aggregate Type
I-2, covered with four inches of bituminous stabilized base stone
mix and two inches of bituminous concrete surface course, Type FABC-1,
Mix No. I-5.
(6)
In the case of portland cement concrete surfaces, steel mesh reinforcement
or deformed steel rod reinforcement (rebar) shall be provided in the
spacing gauge or diameter and placement as set forth by the New Jersey
Department of Transportation Specifications, 1983 Edition, or as amended.
All concrete thickness, classifications and compressive strength shall
be in conformance with the current New Jersey Department of Transportation
standards. Admixtures or curing compounds shall be added only upon
approval of the Municipal Engineer.
(7)
In the case of any special condition, the permittee shall restore
the trench or opening as directed by the Municipal Engineer. If the
Borough is required to restore the pavement, the final charges, based
on the schedule of costs, shall be billed to the permittee upon the
completion of the work by the Borough.
A.
The applicant in accepting a permit under this article shall be deemed
to have agreed to be liable for, and to indemnify and save harmless
the Borough from and against, any and all loss or costs or damages
incurred by reason of any damage to any property, injury to any person
or any loss of life resulting from its negligence or the negligence
of its agents, employees, or subcontractors in undertaking or performing
the work covered by the permit, or in failing to properly guard or
maintain the opening or excavated material, equipment, or materials
to be incorporated in the work.
B.
No permit will be approved for openings scheduled during the period
from December 15 to March 1, except in cases of emergency or when
deemed necessary by the Municipal Engineer.
C.
Construction equipment shall not be positioned or stored on any street
after working hours unless approved by the Superintendent of Public
Works.
D.
When a contractor is obligated to supply uniformed police officers
on the job site as a condition of its permit, all arrangements shall
be made through the Traffic Division of the Seaside Heights Police
Department, who may assign the officers 48 hours in advance of the
commencement of work on the project in accordance with the provisions
of municipal ordinances regulating off-duty services of municipal
police officers.
E.
Flagmen, when utilized in construction work areas, shall be equipped
with the following:
(1)
Orange reflectorized vests.
(2)
Red flag, measuring 24 inches by 24 inches. For night conditions,
lights shall be used in lieu of the flag.
(3)
Sign paddles consisting of STOP/SLOW messages, as per the Manual
on Uniform Traffic Control Devices, current edition. When used at
night, the STOP and SLOW faces shall be reflectorized. All traffic
control devices utilized on any road construction within the Borough
of Seaside Heights shall conform to the Manual.
The Borough may, at any time, revoke or annul any permit, or
extension endorsed thereon for cause, or for performing work not in
accordance with the permit granted, or for failure or neglect to pursue
the work in accordance with such permit, or for any conditions which
might prove to be dangerous or injurious to any person or interests
of the Borough. Every person receiving a permit, or any extension
thereof, shall accept the same subject to the foregoing provisions
and conditions, without any liability or responsibility attaching
to the Borough for any loss or damage that might result by reason
of such revocation.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any opening or excavation
by the Borough, its employees, or contractors for Borough projects,
including without limitation road improvement projects.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not less than $500 nor more than $1,250, by imprisonment for
a term not to exceed 90 days, or by community service of not more
than 90 days, or any combination of fine, imprisonment and community
service as determined by the Municipal Court Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense. The violation of any provision of this article shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction. Nothing in this article shall
be understood or construed by any permittee or other person to absolve
any permittee or its employees, agents or contractors of any responsibility
for any damage done to any person or property in opening or digging
a trench in any public road, street, or highway.
The permittee shall indemnify and save harmless the Borough,
its officers, agents and employees from any loss, injury or damage
resulting from any negligence or fault of the permittee, its agents,
servants or employees or contractors in connection with the performance
of any of the work covered by the permit. The terms and provisions
of this article shall be deemed a covenant by such permittee to so
indemnify and save harmless the Borough of Seaside Heights of curb
being repaired.
