[Adopted 11-17-1969 (Ch. 181, Art. I, of the 1981 Code); amended in its entirety 12-12-2018 by Ord. No. 2018-116]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Any person making written application to the Borough Official
or designee for an excavation permit hereunder.
The Borough of Lindenwold.
The Borough Council of the Borough of Lindenwold.
The appointed person who represents the Borough of Lindenwold.
The Director of the Highway Department of the Borough of
Lindenwold.
An urgent and immediate opening and repair operation required
to protect the health, safety and welfare of the general public from
immediate hazards posed by a broken or leaking main, an eroded and
undermined structure, damaged utilities or other similar instance
involving a sudden and unforeseen hazard on a public street.
The digging, displacing, undermining, opening, boring, tunneling,
auguring, or in any manner breaking up any improved or unimproved
street, sidewalk, curb, gutter or other public property in any roadway.
The excavation and other work permitted under an excavation
permit and required to be performed under this article.
A security in the form of either a bond, letter of credit,
cash or a certified check posted by the applicant to guarantee the
proper maintenance of the reconstruction of the work as described
on the application and permit forms for a period of two years after
final acceptance.
[Amended 4-13-2022 by Ord. No. 2022-07]
A corporate bond, performance bond, certified check or other
similar security acceptable to the Borough Solicitor which is furnished
by the applicant as a guaranty of good faith to perform and complete
the work as described on the application and permit forms, to full
compliance with the construction standards contained herein to assure
that any subsequent necessary repairs are accomplished as directed
by the Borough Official.
Any person who has been granted and has in full force and
effect an excavation permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any street, highway, avenue, shoulder, right-of-way or other
public way or public grounds in the Borough of Lindenwold.
It shall be unlawful for any person to dig up, break, excavate,
tunnel, undermine or in any manner break up any street, right-of-way
or public grounds, or to make or cause to be made any excavation in
or under the surface of any street or public grounds for any purpose,
or to place, deposit or leave upon any street any earth or other excavated
material obstructing or tending to interfere with the free use of
the street, unless such person shall first have obtained an excavation
permit therefor from the Borough Official or designee as provided
herein.
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit is submitted to the Borough
Official or designee. The written application shall state the name
and address of the applicant; the nature, location and purpose of
the excavation; the date of commencement and date of completion of
the excavation; and other data as may reasonably be required by the
Borough Official. The application shall be accompanied by plans showing
the extent of the proposed excavation work, the dimensions and elevations
of both the existing ground prior to excavation and the proposed excavated
surfaces, the location of the excavation work and such other information
as may be prescribed by the Borough Official.
A.
A permit fee shall be charged by the Borough Official for the issuance of an excavation permit, which shall be in addition to all other fees for permits or charges relative to any proposed work. This fee for the excavation permit charged by the Borough Official shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, and shall be nonrefundable.
B.
Said permit shall be good for only one excavation within one street or block. A permit must be obtained for each excavation proposed, and it must note the date of completion, which shall be within 30 days from the date of issue of the permit or a new permit will be required and an additional permit fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, must be paid.
The Borough shall provide each permittee, at the time a permit
is issued hereunder, with a suitable placard plainly written or printed
in English letters at least one inch high with the following notice:
"Borough of Lindenwold, Permit No. _____ Expires _____," and in the
first blank space there shall be inserted the number of said permit
and after the word "expires" shall be stated the date when said permit
expires. It shall be the duty of any permittee hereunder to keep the
placard posted in a conspicuous place at the site of the excavation
work. It shall be unlawful for any person to exhibit such placard
at or about any excavation not covered by such permit or to misrepresent
the number of the permit or the date of expiration of the permit.
The Borough Official or designee shall, upon receipt and examination
of the application and the deposit and fee referred to hereinabove,
issue a permit under his/her hand for the excavation. The Borough
Official or designee shall specify on the permit that such work shall
be completed and the road or sidewalk surface restored within 48 hours
after work is commenced or a duration of time which in the opinion
of the Borough Official is reasonable and fair.
The applicant or contractor is forbidden to commence work until
the items listed in Issuance of Permit have been compiled and the
applicant has notified the Borough Official at least 48 hours in advance
of the exact date and hour the proposed work is to commence.
Before an excavation permit as herein provided is issued, the applicant shall deposit with the Borough Official or designee a surety bond in the amount as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, payable to the Borough. The required surety bond must be:
A.
With good and sufficient surety.
B.
By a surety company authorized to transact business in the state.
C.
Satisfactory to the Borough Solicitor in form and substance.
D.
Conditioned upon the permittee's compliance with this article and
to secure and hold the Borough and its officers harmless against any
and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the Borough,
the Borough Council, Borough Official or designee may be made liable
by reason of any accident or injury to persons or property through
the fault of the permittee either in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee.
A.
The performance surety shall be in the form of either a corporate
guaranty bond or 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 Borough Solicitor 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 Borough of Lindenwold for the same amount (100%
of the total estimated construction cost) may be substituted for the
performance surety. The estimated cost of the proposed work shall
be based upon current market values, and said amount shall be prepared
by the applicant and approved by the Borough Official. Upon completion
of the work covered by such permit, and approval by the Borough Official,
the Borough Official or designee shall return 50% of surety, except
in the case of annual deposit, and the balance shall be refunded by
the Borough to the permittee upon expiration of a six-month period.
B.
In lieu of the above-mentioned performance surety, public utility
companies or authorities may post an annual performance surety for
$20,000 or for an increased amount determined by the Borough Official.
The form of the surety shall be approved by the Borough Solicitor.
Fifty percent of the annual deposit shall be refunded by the Borough
at the end of the one-year period for which the deposit was made or
upon the satisfactory completion of all excavation work undertaken
during such a period, whichever is later.
C.
The balance of the annual deposit shall be refunded at the end of
a six-month period.
D.
The Borough may use any or all of any such deposit to pay the cost
of any work that the Borough performs to restore or maintain the street
as herein provided in the event that the permittee fails to perform
such work, in which event the amount refunded to the permittee shall
be reduced by the amount expended by the Borough.
[Amended 4-13-2022 by Ord. No. 2022-07]
In addition to the posting of a performance surety, and as a
condition to the release of same, the applicant shall also post a
maintenance surety: either a bond, letter of credit, cash or a certified
check and in the sum of 15% of the performance surety. The maintenance
bond will serve to guarantee that the road as reconstructed will remain
in good condition and free of defects after acceptance, as follows:
The applicant shall be responsible for all maintenance and repairs
required at the site resulting from the neglect, failure, action or
inaction of the applicant, for a period of two years after the date
of acceptance for work which has a depth of four or more feet from
the road surface; or for a period of two years after the date of final
acceptance for all other work which requires a permit as set forth
herein.
The permittee shall take appropriate measures to assure that
during the performance of the excavation work traffic conditions as
nearly normal as practicable shall be maintained at all times so as
to cause as little inconvenience as possible to the occupants of the
abutting property and to the general public, provided that the Borough
Official may permit the closing of streets to all traffic for a period
of time prescribed by him if in his opinion it is necessary. The permittee
shall route and control traffic, including its own vehicles, as directed
by the Borough Police Department. The permittee will be responsible
for any unnecessary damage caused to any highways by the operation
of its equipment. A traffic control plan is required if permittee
is closing lanes or roads and must be submitted at the time of application.
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 firefighting equipment shall be kept free
of piles of material or other obstructions.
The permittee shall erect such fence, railing or barriers about
the site of the excavation work as shall prevent danger to persons
using the Borough streets or rights-of-way, and such protective barriers
shall be maintained until the work shall be completed or the danger
removed. At twilight there shall be placed upon such place of excavation
and upon any excavated materials or structures or other obstructions
to streets suitable and sufficient lights, which shall be kept burning
throughout the night during the maintenance of such obstructions.
It shall be unlawful for anyone to remove or tear down the fence or
railing or other protective barriers or any lights provided there
for the protection of the public.
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
and/or health.
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repair shall conform to the requirements of any applicable
code or ordinance. If, upon being ordered, the permittee fails to
furnish the necessary labor and materials for such repairs, the Borough
Official shall have the authority to cause said necessary labor and
materials to be furnished by the Borough, and the cost shall be charged
against the permittee, and the permittee shall also be liable on his
or its bond therefor.
Property lines and limits of easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit, and it shall be the permittee's responsibility to confine
excavation work within these limits.
As the excavation work progresses, all streets and private properties
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 Director.
From time to time as may be ordered by the Borough Official or by
the Director and in any event immediately after completion of said
work, the permittee shall at his or its own expense clean up and remove
all refuse and unused materials of any kind resulting from said work,
and upon failure to do so within 24 hours after having been notified
to do so by the Borough Official or by the Director, said work may
be done by the Borough and the cost thereof charged to the permittee,
and the permittee shall also be liable for the cost thereof under
the surety bond provided hereunder.
Backfill material shall be clean sand or gravel and shall not
contain any foreign matter, such as broken concrete or asphalt. All
compaction shall be in accordance with the New Jersey Department of
Transportation (NJDOT) Standard Specifications for Bridge and Road
Construction, 2007, 301.03 Subbase and Base Courses, or newest version.
Should any street or rights-of-way be opened transversely, the
trench shall not exceed four feet in width, except by special permission
of the Borough Official. Except by special permission of the Borough
Official, no street or rights-of-way shall be opened longitudinally
more than 250 feet in advance of pipe or other conduit installation,
nor left unfilled more than 500 feet where pipes or other conduits
have been laid. The length of the trench that may be opened at any
one time shall not be greater than the length of the pipe and the
necessary accessories which are available at the site ready to be
put in place. Permittee and contractor shall comply with the OSHA
trench sheeting regulations and all other OSHA regulations, and any
other applicable laws, in the performance of the work. No timber bracing,
logging, sheathing or other lumber shall be left in trench. Upon completion
of laying of pipe or other conduit, excavations must not be left open
for more than 24 hours or as may be determined by the Director or
Borough Official.
A.
Temporary restoration.
(1)
Temporary restoration shall be considered any pavement material to
be placed in an opening prior to permanent restoration.
(2)
Temporary restoration shall be cold patch, asphalt or approved equal
a minimum of two inches thick. The applicant shall be solely responsible
for maintaining the opening on a continuous basis until the final
restoration is completed. Upon verbal or written notification by the
Borough, the applicant shall remedy any defects to the temporary paving
within 24 hours. Failure to comply with these regulations shall result
in a $500 daily fine.
(3)
Backfill material shall be clean sand or gravel and shall not contain
any foreign matter, such as broken concrete or asphalt. All compaction
shall be in accordance with the New Jersey Department of Transportation
(NJDOT) Standard Specifications for Bridge and Road Construction,
2007, 301.03, or newest version.
(4)
Openings exceeding 18 inches in depth shall be temporarily restored
and have a waiting period of 90 days before permanent restoration.
B.
Permanent restoration.
[Amended 4-13-2022 by Ord. No. 2022-07]
(1)
All openings shall be completed with six inches of compacted DGA,
three inches of FABC base course, Mix 1-2, and two inches of FABC
surface course, Mix 1-5 and the edges sealed with AC120 or approved
equal. All openings shall be repaved from curbline to center line
a minimum of four feet wide. All openings that cross the center line
shall be repaved the full width of the road from curbline to curbline,
a minimum of four feet wide.
(2)
Any opening that is within four feet of a prior opening shall be
restored as a single opening, incorporating the existing repair into
the restoration.
(3)
Any emergency opening occurring in a street repaved within the previous
10 calendar years shall be infrared sealed.
(4)
Any road in the Borough which has been resurfaced in the last 10
years for which a new road opening permit is issued shall include
the requirement that the party performing the work must resurface
the road from curb to curb and from street corner to street corner.
(5)
Multiple road openings occurring within 60 feet of one another shall
be restored as a single opening. Pavement between openings shall be
milled (milling depth shall be two inches) or removed and replaced
from curb to center line of roadway. Multiple openings down the middle
of the road shall be restored as a single opening, milled or removed
and replaced across the full width of the road from curbline to curbline.
Openings shall be sealed as indicated above.
(6)
All openings shall be inspected by the Borough. The applicant shall
mark out the proposed restoration and notify the Borough Official
or designee a minimum of 24 hours prior to final restoration to schedule
the inspection. Failure to schedule the final inspection will result
in a $500 fine and removal of all paving materials and reinstallation
at the applicant's cost. Upon acceptance of the restoration,
the Borough shall issue a dated acceptance letter to the applicant.
The applicant shall be responsible for all future restoration of the
opening for a period of five years from the date of the acceptance
letter.
(7)
Final restoration shall occur within two weeks after a ninety-day
waiting period. Extensions of time are subject to the discretion of
the Borough and must be submitted in writing. Failure to complete
the restoration within the prescribed time period will result in the
forfeiture of the performance bond posted by the applicant.
A.
If the permittee shall have failed to restore the surface of the
street to its original and proper condition upon the expiration of
the time fixed by such permit or shall otherwise have failed to complete
the excavation work covered by such permit, the Director, if he deems
it advisable, shall have the right to do all work and things necessary
to restore the street and to complete the excavation work. The permittee
shall be liable for the actual cost thereof and, in addition, 25%
of such cost for general overhead and administrative expenses. The
Borough shall have a cause of action for all fees, expenses and amounts
paid out and due it from any funds of the permittee deposited as herein
provided, and the Borough shall also enforce its rights under the
permittee's surety bond provided pursuant to this article.
B.
It shall be the duty of the permittee to guarantee and maintain the
site of the excavation work in the same condition it was prior to
the excavation for six months after restoring to its original condition.
The permittee shall prosecute with diligence and expedience
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition
or as near as may be as soon as practicable and in any event not later
than the date specified in the excavation permit therefor.
If in his judgment traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the Director shall have full
power to order, at the time the permit is granted, that a crew of
men and adequate facilities be employed by the permittee 24 hours
a day so that such excavation work may be completed as soon as possible.
In the event of any sudden breaking or bursting of any gas,
sewer or water main where immediate repair is imperative to prevent
loss or damage to life, health, streets or property or discontinuance
of service, it shall not be necessary to obtain a permit before commencing
such repair. The Borough requests immediate notification by phone
or an email of the event. Such permit shall be obtained within three
working days thereafter, and this section shall not be held or taken
in any case to exempt any person repairing said pipes or mains from
any other of the provisions of this article.
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris, and between the hours of 6:00 p.m. and 7:00 a.m. shall not
use, except with the express written permission of the Director or
in case of emergency as herein otherwise provided, any tool, appliance
or equipment producing noise of sufficient volume to disturb the sleep
or repose of occupants of the neighboring properties.
A.
The Borough Official shall make such inspections as are reasonably
necessary in the enforcement of this article.
B.
The Borough Official shall have the authority to promulgate and cause
to be enforced such rules and regulations as may be reasonably necessary
to enforce and carry out the intent of this article.
The provisions of this article shall not be applicable to any
excavation work under the direction of competent Borough authorities,
by employees of the Borough or by any contractor of the Borough performing
work, in behalf of the Borough, necessitating openings or excavations
in streets.
All persons operating public utilities in the Borough and having the right either by general or special permission to enter upon streets and open and excavate pavements, sidewalks or disturb the surface thereof by excavation or other work shall be required to apply for a permit for a fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, and shall be required to perform the work and bring it to completion as promptly as practicable and, to that end, shall employ an adequate standing force. Any person operating any such public utility shall comply with all of the requirements of this article, including the surety bond and deposit requirements.
A permittee, prior to the commencement of excavation work hereunder,
shall furnish to the Borough Official satisfactory evidence in writing
that the permittee has in force and will maintain in force during
the performance of the excavation permit public liability insurance
of not less than $100,000 for any one person and $300,000 for any
one accident and property damage insurance of not less than $50,000,
duly issued by an insurance company authorized to do business in this
state.
It shall be the duty of any police officer of the Borough to
review and approve any and all traffic plans submitted.
A.
All openings larger than 20 square feet must be saw cut. All others
may be cut by other means, but in all cases the edges must be square.
B.
All cuts in pavement surface shall be saw cut, with no cut closer
than four feet to a seam, curb or edge of pavement, or the entire
section up to four feet must be replaced. Backfill under pavement
is to be compacted in accordance with Borough standards.
C.
New clean backfill materials under pavement areas are to be used
when excavated material is unsuitable for reuse. Suitability to be
determined by Borough inspector.
D.
All paving where areas are excavated is to be replaced with two inches
of FABC and the edge sealed with AC 120 or approved equal.
E.
Openings in the roadside area must be graded, top soiled and seeded.
Backfill in this area is to be new clean material when excavated material
is unsuitable for reuse.
F.
Applicant must contact the Construction Office for the Code Official
or designee prior to submitting permit application for road moratorium
list and planned reconstruction list.
[Added 4-13-2022 by Ord.
No. 2022-07]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
