[Adopted 4-16-2001 by Ord. No. 7-2001[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Street Openings, adopted 6-7-1982 by Ord. No. 11-1982 as Art. II of Ch. 188 of the 1982 Code, as amended.
As used in this article, the following terms shall have the meanings indicated:
EMERGENCY OPENING
An urgent and immediate opening and repair operation required to protect the health, safety and welfare of the general public from the 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.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other similar security acceptable to the City 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 and to assure that any subsequent necessary repairs are accomplished as directed by the City Engineer.
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 Pleasantville for any purpose whatsoever without first securing a permit therefore as hereinafter provided.
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, c/o the City Engineer, prior to the issuance of the permit for all excavations of less than or equal to six square yards. If said 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.
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 31 of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter.
A. 
Emergency opening. 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 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, a five-thousand-dollar fine for a second nonemergency opening and a ten-thousand-dollar fine for a third nonemergency opening.
B. 
Hardship condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to Subsection A above, the City of Pleasantville may grant relief if all of the following conditions are met:
(1) 
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.
(2) 
Upon receipt of the letter, a public meeting date will be set for the city to take formal action.
(3) 
The property owner making the 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.
(4) 
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:
(a) 
Identify the property by street address and block and lot.
(b) 
State the reason for the hardship.
(c) 
State the type and size of the utility opening.
(d) 
Advise the adjoining property owners that, if they have any objections, they must advise the City Clerk, in writing, as to their objections to the proposed street opening at least three days in advance of the public meeting.
(e) 
State date and time of public meeting.
(f) 
Be approved by the City Clerk prior to mailing.
(5) 
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.
(6) 
A request which included the extension of a utility main shall not be considered and will be automatically denied.
(7) 
A request based solely on economic savings shall not be considered and will be automatically denied.[1]
[1]
Editor's Note: Former Subsection C, regarding roadway restoration, which immediately followed this subsection, was repealed 11-20-2017 by Ord. No. 20-2017.
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 in 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.
[Amended 11-20-2017 by Ord. No. 20-2017]
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 as proscribed herein and 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, 2007, and as amended. Reference to articles or sections hereinafter refer to said state highway specifications.
A. 
Trenches shall be backfilled in layers not to exceed six inches and a vibratory tamper must be used. Ninety-five-percent 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. (See detail at end of chapter.)
C. 
Bituminous concrete street restoration specifications.
(1) 
Gravel. 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 New Jersey Department of Transportation (NJDOT) requirements for I-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 roadway 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 shall be 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 six inches below the level of the adjacent paved surfaces. A six-inch lift of stabilized base course, Mix I-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 roadway restoration.
(a) 
Newly paved streets.
[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 pursuant to § 255-18, 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 I-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 Pleasantville and City Engineer for openings having a minimum impact on the longevity and serviceability of the street in question. (See detail at end of chapter.)
(b) 
Streets paved between five and eight years prior to proposed opening.
[1] 
Any street opening on a street that has been constructed, reconstructed, or overlaid between five years and eight years after the completion of said construction, reconstruction, or overlay will require a half-width paving from the center line to the curb on the side affected by the opening. The trench shall be repaved with six inches of gravel or similar subbase, four-inch stabilized base (HMA 19M64) to the surface. The half width of the street shall then be milled 1 1/2 inches deep from the center line to the curbline a distance of 20 feet on either side of the opening edges. A one-and-one-half-inch surface course (HMA 9.5M64) shall be machine-placed and rolled as per New Jersey Department of Transportation Standard Specifications for Roads and Bridges, 2007, and as amended.
[2] 
If the opening crosses over the center line of the street, the above street repair shall be full-width restoration.
(c) 
Streets paved over eight years prior to proposed opening.
[1] 
Where 20% or more of the existing surface width and/or a distance parallel or longitudinal to the roadway center line of 25 feet or more has been disturbed, the permittee shall mill the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. All milling and disposal of millings shall be done in accordance with Division 400 of the NJDOT Standard Specifications. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The City will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
[2] 
Where less than 20% of the existing surface and a distance parallel or longitudinal to the roadway center line of less than 25 feet has been disturbed, the permittee shall sawcut the existing surface course two inches deep at a location 12 inches beyond the trench surface, and remove the existing pavement to the same depth. Pavement removal shall be done by milling or another method as approved by the City Engineer. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The Township will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.
(d) 
Calculating age of street.
[1] 
The five-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter. The end date of this five-year period is the beginning date of the five-year to eight-year period articulated herein.
[2] 
The eight-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run eight years thereafter. The end date of this eight-year period is the end date of the five-year to eight-year period articulated herein.
(e) 
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.
(4) 
If more than one excavation would be required within a fifty-foot length, a single trench must be used rather than the individual excavations. Final restoration will require the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. 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.
(5) 
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:
(a) 
It shall be Class B with a design strength of 4,000 pounds per square inch (psi).
(b) 
It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
(c) 
It shall have a minimum width of not less than five feet for sidewalks.
(d) 
It shall have control joints not more than five feet for sidewalk, 10 feet for curb and gutter and expansion joints and not more than 20 feet for sidewalk, curb and gutter.
D. 
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.
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 Pleasantville 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 Pleasantville may, at its 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 Pleasantville, 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.
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.
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.
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.
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 § 255-18, Newly paved streets, of this article.
Street openings and excavations performed by the City of Pleasantville or agents of the City of Pleasantville are exempt from the provisions of this chapter.