[MC 2013-04, June 17, 2013]
This Article shall be known and may be cited as the "Street Openings and Excavations Ordinance of the City of Plainfield."
[1]
Prior ordinance history: MC 1984-28; MC 1985-12; MC 2006-17.
[MC 2013-04, June 17, 2013; amended 9-9-2024 by Ord. No. MC 2024-47]
For the purpose of this article, the following words, terms and phrases shall have the meanings respectively given herein. The word "shall" is always mandatory and not merely discretionary.
Shall mean any person, company or entity making written application to the City of Plainfield for an opening or excavation permit.
Shall mean the City of Plainfield.
Shall mean the City Council of the City of Plainfield.
Shall mean the Engineer of the City of Plainfield.
Shall mean the Director of the Department of Public Works of the City of Plainfield or his designee.
Shall mean any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
Shall mean the excavation, removal, digging, disturbing, replacement, repair, construction, or taking up any surface, pavement, stone or soil and improvements within the rights-of-way or public properties of the City of Plainfield. For the purpose of this article, that work which is being performed outside the public rights-of-way, but requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." The term "excavation work" shall not include work by persons exempted from the provisions of this article under Section 13:4-19.
Shall mean curbs, sidewalks, driveways, driveway aprons, drainage and/or utility service structures, conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails, or any other public improvements existing within the City's rights-of-way, properties, lands or easements.
Shall mean any person who has been granted, and has in full force and effect, a Street Opening Permit issued hereunder, and also includes any person that is required to secure a permit for excavation work from the City of Plainfield.
Shall mean any person, firm, partnership, association, corporation, entity, or public or private organization of any kind.
Shall mean any street, roadway, highway, alley, cul-de-sac, avenue, public easement, public way, public right-of-way, or public grounds in the City of Plainfield.
[MC 2013-04, June 17, 2013; amended 6-13-2022 by Ord. No. MC 2022-25; 9-9-2024 by Ord. No. MC 2024-47]
(a)
It shall be unlawful for any person, firm, or corporation to perform any excavation or tunnel work, construct, remove, replace or repair any improvements, or place any form of construction in, over or upon any street or improvement or otherwise endanger or obstruct the normal flow of vehicular, bicycle or pedestrian traffic or normal flow of surface water, by the placing of any earth or other excavated material, barricade, structure, material or equipment on any street without first obtaining a written permit, approved and issued by the Director.
(b)
Except as provided in paragraph (1) of this subsection, no permit shall be issued for a newly constructed or substantially improved street for a period of five (5) years (Moratorium) from the date of acceptance of such construction except in cases of emergency as described in Section 13:4-20. Sixty (60) days prior to the start of construction of permanent pavement or improvements on any street, the Director shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Department and the Fire Department of such construction and of the provisions of this section.
(1)
For a permit to be issued for excavation of any paved or improved street surface which is less than five (5) years (Moratorium), the applicant, under the instructions of the Director, shall be required to secure approval from the City Council by resolution before any permit can be approved hereunder.
(A)
The applicant, under the instructions of the Director, shall make application for Council approval as provided hereunder and provide, to the extent possible, an explanation of all efforts made to avoid the street opening and therefore the basis for the requested Council approval.
(c)
The Director shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants, ordinances and conditions thereof.
(d)
No permit shall be assigned or transferred except upon the prior written consent of the Director. Nor shall the work take place in any other than the location specifically designated in the permit.
(e)
No permit shall be issued for an opening during the period from the first day of December to the 15th day of March or where conditions exist due to severe weather, freeze, frost, etc., except for emergency openings or openings required by law.
(f)
No temporary sidewalk encroachments or closures, such as the placement of fences, scaffolding, construction trailers, or other non-permanent structure, within a right-of-way area under City jurisdiction shall be installed without first obtaining a permit for that purpose.
(g)
All street openings, temporary sidewalk encroachments or closures, excavations and restorations thereof shall be made under the supervision and control of the Director and shall be subject to oversight and inspection of the Engineer. The Engineer fees shall be charged to the escrow established in Section 13:4-6.
[MC 2013-04, June 17, 2013; amended 6-13-2022 by Ord. No. MC 2022-25; 9-9-2024 by Ord. No. MC 2024-47]
(a)
No excavation permit or sidewalk closure shall be issued unless a written application is submitted to the Director.
(b)
The written application must be made using the forms provided by the City including applicable fees, established by this article.
(c)
The permit application shall specify the name and address of the applicant, the place and/or places at which the work is to be done, the type of work, and the proposed dates of commencement and completion of the excavation and restoration work.
(d)
The application shall include or be accompanied by scaled or dimensioned drawings satisfactory to the Director, detailing the following:
(1)
Any structures, pipes, ducts, wires, cables, or other facilities being repaired, modified, or installed in the street.
(2)
Any roadway excavation.
(3)
Any street alteration.
(4)
The address(es), locations and dimensions of the excavation and restoration work.
(5)
Restoration procedures including materials types and sizes/dimensions.
(6)
In addition to the information required herein other information may be required by the Director including complete plans, profiles, ground elevations for both the existing and proposed conditions, details of any proposed curbs, sidewalks, pavements and other proposed improvements.
(7)
The Director and/or Engineer is hereby authorized and directed to promulgate such written instructions as may be necessary for the construction of the street opening. Such instructions shall include but shall not be limited to:
(A)
Limitations on the size of the opening.
(B)
Restrictions for the protection of existing subsurface installations, monuments and drainage systems.
(C)
Requirements for the storage and removal of excavated materials.
(D)
Provisions for safety precautions to be taken by the permittee.
(E)
Requirements for backfilling, inspection and final paving cross section of openings.
(F)
Requirements for utilization of trenchless technology wherever possible on all piping, trenches and installations of fifteen (15) inches in diameter or less.
(G)
Requirements that all non-ferrous material contain a wire or detection device to accurately determine the location after installation.
(H)
Requirements regarding the set elevations of all castings, including manholes, valve boxes, and inlet castings.
(e)
A separate application and permit will be required for each type of opening made. One application or permit shall be sufficient to represent more than one opening if the openings are for related work and separated by a distance equal to or less than fifty (50) feet. Related work shall be defined at the discretion of the Director and/or Engineer based on location(s), type of utility, required equipment, and required restoration tasks.
(f)
Permit applications for emergency work shall be submitted to the City within forty-eight (48) hours following the initial excavation work. The application must include the information required by Section 13:4-4, and notifications shall be in compliance with Section 13:4-20 herein. Failure to comply with this section may result in the assessment of fines defined by Section 13:4-21 herein.
(g)
Permit applications for the current annual year will not be approved for any applicant who has not satisfactorily completed the excavation and restoration work for the previous year.
(h)
The Director shall grant such permit when all of the requirements of this article have been satisfactorily complied with by the applicant.
(i)
The size, extent, and method of restoration of the roadway surface, including the requirement for infrared treatment of the disturbed area.
[MC 2013-04, June 17, 2013]
Each applicant for a permit shall pay a permit application fee of Fifty Dollars ($50.00) per opening for the purposes of the execution and issuance of the permit. The applicant fee shall apply to all openings.
[MC 2013-14, June 17, 2013; amended 6-13-2022 by Ord. No. MC 2022-25]
(a)
Engineering fees: In addition to the permit application fee as provided in Section 13:4-5 hereof, applicants for the following permits shall pay a minimum fee of One Hundred Fifty Dollars ($150.00) for the purposes of review and issuance of the permit, examination of drawings, and initial administrative work performed by the Engineer. This fee is nonrefundable.
(b)
Inspection and supervision fees:
(1)
In all sidewalk, driveway apron or grass area openings or excavations, the minimum inspection fee shall be five percent (5%) of the Engineer's estimate of the cost of repairing and replacing the sidewalk, driveway or grass area or One Hundred Fifty Dollars ($150.00) whichever is greater.
(2)
In all curb and street openings and excavations, the minimum inspection fee shall be five percent (5%) of the Engineer's estimate of the cost of repairing and replacing the curb and street or Five Hundred Dollars ($500.00) whichever is greater.
(3)
In all temporary sidewalk closures, the minimum inspection fee shall be five percent (5%) of the Engineer’s estimate of the cost of repairing and replacing the curbing, sidewalk, driveway, or grass area within the proposed sidewalk closure area, or Five Hundred Dollars ($500.00), whichever is greater. If fencing is needed for the temporary sidewalk the permittee shall pay a fee of Forty Dollars ($40) per square foot of fencing.
[Added 6-13-2022 by Ord. No. MC 2022-25]
(4)
The applicant shall be required to pay escrow fees for additional inspection required to oversee the correction of unacceptable workmanship as determined by the Engineer.
(5)
The cost for repairing and/or replacing the excavated area(s) or enclosed area(s) shall be determined by the Engineer.
[Amended 6-13-2022 by Ord. No. MC 2022-25]
(c)
The fees in subsections (a) and (b) above will be deposited into an escrow account within the City and utilized/charged based upon the fees paid to the Engineer for the engineering, inspection and oversight of the project. The permittee is required to submit a written request for refund of unused portion of the escrow upon completion and acceptance of the work by the City.
(d)
In addition, for any inspection after working hours, on Saturdays, Sundays or holidays, the applicant will pay the inspector's time at the overtime rate set by the City.
[MC 2013-04, June 17, 2013; amended 6-13-2022 by Ord. No. MC 2022-25]
(a)
No person shall be granted a permit to open pavement of any street or temporary closure of a sidewalk until and unless there shall be deposited with the City, by certified check or bond in an amount sufficient to secure the cost of repairing and replacing such street or other surfaces or appurtenances. The cost of repairing and replacing of such street or surface or appurtenances shall be determined by the Director or the Engineer. The minimum amount deemed sufficient for such purposes shall be Five Hundred Dollars ($500.00) unless otherwise determined by the Director or the Engineer.
[Amended 6-13-2022 by Ord. No. MC 2022-25]
(b)
Permits approved for excavations in newly constructed or substantially improved roads, in accordance with Section 13:4.3(b) herein, shall be subject to the following additional deposit fees:
(1)
Infrared treatment costs shall be added to the deposit required above.
(2)
An assessment factor fee equal to two percent (2%) for each unelasped month or fraction thereof of the five (5) year (60 months) restricted period shall be applied to the estimated cost determined in Section 13:4-7(a), and added to the deposit required above. The maximum assessment factor fee shall be one hundred twenty percent (120%) of the estimated restoration cost total, provided however that no assessment hereunder shall be less than One Thousand Dollars ($1,000.00). No portion of the assessment charge shall be refundable nor shall such assessment payment relieve the permit holder from the required insurance(s) and/or bonds associated with restoration of all street openings in recently approved or applied pavement areas.
(c)
In lieu of the certified check in Subsection 13:4-7(a) the applicant may file a performance surety bond in one hundred fifty percent (150%) of the estimated cost of repairing and replacing such street or other surfaces or appurtenances within the street area or sidewalk closure in the manner as herein provided. The estimated cost shall be determined by the Director after the application for permit has been submitted to compliance with Section 13:4-4 of this article. No such bond shall be accepted until the Director shall have certified that the amount thereof is sufficient as provided herein, and the Director shall have approved the qualification of the surety, and the Corporation Counsel shall have approved the sufficiency of the form and execution of such guarantee.
[Amended 6-13-2022 by Ord. No. MC 2022-25]
(d)
The fees in subsections (a), (b), and (c) above will be deposited in an escrow account within the City and/or bond shall remain in effect until completion and acceptance of the project. The City shall deduct costs to repair the permittee's work from the escrow and/or seek and obtain costs/services to correct the work by way of the bonding company securing the permittee's work.
(e)
The permitted is required to submit a written request for refund of the unused portion of the deposit and/or release of the posted bond upon completion and acceptance of the work by the City.
[MC 2013-04, June 17, 2013]
(a)
With the Director's approval a public utility subject to regulation by the State Board of Public Utilities Commission may comply with the following requirements in lieu of the engineering escrow, security deposits requirements detailed in Sections 13:4-6 and 13:4-7 herein.
(1)
Engineering, inspection and supervision escrow fees: In lieu of individually calculated and assigned escrow fees for each opening required in Section 13:4-6 hereof, a public utility may establish an annual escrow in the sum of Fifteen Thousand Dollars ($15,000) to the City and file the same with the Director.
(2)
Performance bond: In lieu of the security deposits required in Section 13:4-7 hereof, a public utility may execute an annual bond in the sum of Twenty-Five Thousand Dollars ($25,000) to the City and file the same with the Director. Such bond shall be conditioned upon compliance with the applicable provisions of this chapter.
[MC 2013-04, June 17, 2013]
(a)
Notice requirement.
(1)
The permittee shall give the Director not less than forty-eight (48) hour's notice prior to starting excavation work and upon completion of the restoration. Notice shall be given by contacting the Director's office via fax or email.
(2)
Failure to provide notice as required may result in revocation of the permit and issuance of a stop work order.
(b)
The approved permit must be visibly exhibited at the location(s) of the work, must be in the possession of the parties doing the work and must be exhibited to the Director or his authorized representative upon request. No such permit shall be valid except for the place, time and character of work specified therein.
(c)
All street openings, excavations, and restoration thereof shall be made under the supervision and control of the Director and subject to his inspection.
(d)
Restoration. The permittee shall restore the site or work promptly, upon completion thereof; all surplus excavated material and debris shall be removed and the site shall be restored in a neat and orderly condition. All areas disturbed during the course of work including those with topsoil, seed, or sod shall be restored by the permitted to a condition the same or better than they were previously.
[MC 2013-04, June 17, 2013]
(a)
The completion date submitted by the applicant shall be the expiration date of the permit unless the Director requires a specific deadline.
(b)
If, for any reason, work is not commenced within the period of thirty (30) days, the permit shall be void unless within such period the applicant shall resubmit the application to Director for permit extension.
(c)
Following the application for a permit extension, the Director shall either return the deposit or extend the time for the beginning of the work for another period of thirty (30) days by endorsement on the permit.
(d)
No permit that has been extended shall be valid unless the work is commenced within thirty (30) days from the date of the extension approval.
(e)
Any street opening must be backfilled immediately after completion of underground construction. Temporary paving shall be completed promptly as trenches are backfilled. Permanent pavement replacement shall be completed with a period of five (5) days from the date of installation of temporary pavement unless the Director shall designate a longer period of time. During the winter season, as determined by the Director, the permanent pavement replacement will be deferred until weather permits.
(f)
Sidewalks, driveway aprons and curbs disturbed or removed by permit shall be replaced within five (5) days after the opening was made.
[MC 2013-04, June 17, 2013]
(a)
The permittee shall determine the existence and location of all underground utilities prior to beginning work, and protect the same against damage. The permittee shall contact the NJ One-Call Service at 800-272-1000 prior to beginning all work and provide the Director with the NJ One Call confirmation upon request.
(b)
The permittee shall not interfere with any existing utility without the written consent of the Director and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner.
(c)
No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately-owned utilities shall be similarly borne by the permittee unless other arrangements are made with the person owning the utility.
(d)
The permittee shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be in any way affected by the excavation work, and do everything necessary to maintain support, sustain, and protect them under, over, along or across such work for its duration.
(e)
Should any of the pipes, conduits, poles, wires or apparatus be damaged, the expense of repairs of same shall be the responsibility of and charged to the permittee, and his insurance and/or bond shall be liable therefore. The permittee shall be responsible for any damage done to any public or private property resulting from the breaking of any utility water pipes, sewer, gas pipe, electric conduit, or other utility, and his insurance and/or bond shall be liable therefor.
[MC 2013-04, June 17, 2013; amended 6-13-2022 by Ord. No. MC 2022-25]
Prior to commencement of work, the permittee shall furnish the Director satisfactory evidence in writing that said permittee has in force and will maintain in force during the performance of the excavation work or sidewalk closure and the period of the excavation or sidewalk closure permit public liability and property damage insurance for the protection of the applicant, the City and its agents and employees from any and all claims for personal injury, including accidental death, and property damage. The insurance shall be in minimum amount of Five Million Dollars ($5,000,000) per occurrence and duly issued by an insurance company authorized to do business in the State of New Jersey. In cases where the contractor or nature of the proposed excavation work or sidewalk closure are such as to present an unusual hazard or a higher-than-normal risk of damage or injury, the Director may require the provision of increased amounts of liability and property damage insurance.
[MC 2013-04, June 17, 2013]
The applicant, in accepting a permit under this article, agrees to enter into a written agreement with the City so as to save, defend, and keep harmless the City from and indemnify it against any and all actions, suits, demands, payments, losses, costs, damages and charges incurred by reason of any damages to property, injuries to persons, or any loss of life resulting from any negligence of the applicant, his agents, servants or employees, contractors or subcontractors occurring in the performance of the work covered by the permit or from any other matter, cause or reason relating thereto.
[MC 2013-04, June 17, 2013]
(a)
The permittee shall, at all times and at his own expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. When in the protection of property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain written permission from the owner of such private property for such purpose, and if he cannot obtain such permission from such owner, the Director may authorize him to enter the private premises solely for the purpose of making the property safe.
(b)
The permittee shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property resulting from his failure to protect and carry out said work properly. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required by Section 13:4-16.
(c)
All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property, the Director.
[MC 2013-04, June 17, 2013]
(a)
No permittee shall allow 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 or which might be hazardous to their safety or health.
(b)
Every person making an excavation shall be required to place and maintain suitable warning devices, signs, caution notices, barriers, and lighting devices pursuant to the requirements of Title 39 of the Revised Statutes of New Jersey as amended and supplemented, and the current edition of the "Manual of Uniform Traffic Control Devices."
(c)
Temporary construction detours, sign selection and locations, roadway taper dimensions, barrel and/or cone spacing, locations of certified flagmen and/or Police Traffic Directors shall be in adherence to the New Jersey Department of Transportation Roadway Design Manual, Chapter 14, Guidelines for Traffic Control Plans and Details and approved by the Plainfield Police Department.
(d)
All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public and occupants of adjoining property. Where less than two (2) complete traffic lanes are maintained, flagmen shall be employed. Where an excavation extends the full width of a street, only one-half (1/2) of such street shall be open and backfilled prior to opening the remaining half.
(e)
All persons making excavations in the streets shall inquire the Police Department to determine if flagmen or detours of traffic are needed, and/or whether the work is to be scheduled in order to minimize disturbance of the normal traffic flow.
(f)
The permittee shall be liable for all damages caused by the conduct of the work or failure to properly guard, light, or maintain the work and work area.
(g)
In accepting a permit under this article, the permittee shall enter into a written save-harmless agreement with the City as provided under Section 13:4-13.
(h)
The permittee shall pay costs of all required flagment and/or Police Traffic Directors. The use of certified flagmen shall be approved at the discretion of the Police Department. The permittee shall produce copy of the flagmen's certification upon request by the Director and/or Police Department or their respective designee.
[MC 2013-04, June 17, 2013]
Unless otherwise directed by the Director, the following specifications shall govern the backfill in excavated trenches:
(a)
All openings shall be restored below grade with backfill consisting of bank run gravel or suitable excavated material and shall be tamped in twelve (12) inch layers with a mechanical tamper.
(b)
All material not suitable for backfill and all excess backfill material shall be removed from the site and legally disposed of by the permittee.
[MC 2013-04, June 17, 2013; amended 9-9-2024 by Ord. No. MC 2024-47]
Unless otherwise directed by the Director, upon completion of the opening and backfill as specified in Section 13:4-16, the following specifications shall govern the maintenance and repair of street openings by the permittee.
(a)
Roadway pavement openings shall be temporarily restored with backfill per Section 13:4-17 to within twelve (12) inches of below existing surface. The remainder of the trench shall be filled with six (6) inches of Dense Graded Aggregate, and six (6) inches of NJDOT hot mix asphalt base course material and tamped and/or rolled with the minimum capacity of a five (5) ton roller. This temporary restoration shall remain in place for a minimum of four (4) weeks. The trench shall be maintained to the existing grade by the addition of additional hot mix asphalt base course material as required until permanent restoration takes place. The Public Works Director or the City Engineer may direct the permittee to lay a temporary steel plate or other suitable material over the cut or excavation to remain until such time as the repair of the original pavement may be properly made.
(b)
No permittee shall commence permanent restoration on any street foundation or surface until the City Engineer has determined that settlement of the subsurface is complete and the area has been properly prepared for a permanent restoration.
(c)
The final restoration shall include neatly saw cutting the edges of the existing pavement to a minimum depth of six (6) inches with a pavement saw or pneumatic cutting tool. The saw cut shall be located twelve (12) inches beyond the excavation on all sides. The edges of the existing pavement shall be tack coated. Four (4) inches of NJDOT hot mix asphalt base course material and two (2) inches of hot mix asphalt surface course material shall be installed and rolled with a minimum capacity five (5) ton roller and meet the existing adjacent grades with smooth transition and no bumps.
(d)
All roadway materials shall be manufactured to comply with the current edition of New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, as amended.
(e)
It shall be the responsibility of the permittee to maintain the temporary pavement restoration to the existing grade by the addition of hot mix asphalt base course material during the period prior to permanent pavement restoration work. Should the permittee fail to maintain such pavement opening, and upon twenty-four (24) hours' notice by the Director, the opening may be repaired as specified by the City, and the cost thereof deducted from deposits received in Section 13:4-7.
(f)
Driveway openings shall be replaced with the appropriate material and in compliance with the City's specifications for driveways. Driveway aprons constructed within the City's right-of-way and adjacent to public sidewalk shall be at minimum Class B concrete, six (6) inches thick with welded wire reinforcement fabric. Sidewalk openings shall be replaced with Class B concrete, four (4) inches thick. Concrete work shall have a minimum compressive strength of four thousand (4,000) pounds per square inch after twenty-eight (28) days.
(g)
Where concrete curbing and/or gutters are disturbed, damaged or removed, curbing and gutters of the exact configuration as the existing shall be constructed. Concrete shall be Portland cement concrete, air-entrained, conforming in the New Jersey Department of Transportation Standard Specifications for Class B concrete and shall have a minimum compressive strength of four thousand (4,000) pounds per square inch after twenty-eight (28) days.
(h)
All restoration work shall be performed to maintain and restore appropriate drainage abilities, and without damage or impairment of the City's storm water control measures and facilities.
(i)
In case of utility work undertaken by a private or public utility, which work involves placing new or replacing or repairing of utility infrastructure, including but not limited to gas lines, water lines, electric lines, storm and sanitary sewer lines, telephone and communication lines, where the area to be trenched is greater than 25 feet or where 20% or more of the existing surface width has been disturbed, the utility company shall mill and pave the entire pavement surface from edge to edge or curb to curb for the entire length of the excavation plus a minimum of 25 feet beyond the excavation limits, in accordance with the City of Plainfield specifications.
(j)
In the case of work undertaken by a permittee other than a private or public utility as described in (i) above, the size, extent, and method of restoration of the roadway surface, including milling and paving the entire pavement shall be determined by the Public Works Director and the City Engineer based on the extent of the disturbance of the roadway surface, including milling and paving the entire pavement surface from edge to edge or curb to curb, may be adjusted by the City Engineer with approval of the Director based on the extent of the disturbance of the roadway.
(k)
Should an applicant receive approval to disturb a newly constructed or substantially improvement street pursuant to Subsection 13:4-3(b) moratorium, and the subject disturbance does not meet the criteria of (i) and (j) above, the applicant shall be required to restore the disturbed area using infrared treatment or other such suitable method as directed by the Public Works Director or City Engineer.
[MC 2013-04, June 17, 2013]
(a)
No such security deposit, certified check, or performance surety bond shall be released until all repairing and replacing of streets or other surfaces or appurtenances within the street area are fully complete to the satisfaction of the Director, and all fees are paid as provided in this article. In no event shall any such security deposit, certified check, or performance surety bond be released within a period of six (6) months from completion of such work and only after written approval thereof by the Director is obtained.
(b)
Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on its part to be undertaken and performed, said deposit may be used by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee.
(c)
After the expense of such failure or default has been paid and deducted from the amount of the deposit, as determined and certified by the Director, the balance shall be refunded to the permittee. If the security is insufficient to cover expenses of the City, it will place a lien in the amount of the deficit upon said property for collection in the same manner as taxes as authorized by resolution of the City Council.
[MC 2013-04, June 17, 2013]
All provisions of this article, except Sections 13:4-3, 4, 5, 6, 7, 8, 10, shall apply to State, County or municipal authorities and to contractors performing work in City streets under construction contracts with municipal authorities, and such contracts shall contain provisions and specifications to insure compliance with this article.
[MC 2013-04, June 17, 2013]
Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would reasonably appear to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in Section 13:4-11, 12, 13, 14, 15, 16, and 17. Immediate notice thereof shall be communicated to the Director, Police Department, and Fire Department. Notification of the emergency opening shall be provided to the Director within 24 hours following the initial opening. The 24-hour notification shall be made via telephone, fax or overnight mail. The formal application for a permit shall thereafter be made within a period of forty-eight (48) hours following the initial opening and compliance with all the provisions of this chapter shall be met.
[MC 2013-04, June 17, 2013]
Any person, firm or corporation that shall violate any of the provisions of this chapter shall, upon conviction of same, be subject to a fine of up to Seven Hundred Fifty Dollars ($750.00) or imprisonment of up to ninety (90) days, or both, for each offense, and, in addition thereto, shall be subject to a fine of up to Two Hundred Fifty Dollars ($250.00) per day from the date of such conviction until such time as said violation has been corrected.
[MC 2013-04, June 17, 2013]
(a)
Any permit may be revoked by the Director, after notice to the permittee, for:
(1)
Violation of any condition of the permit or of any provision of this article.
(2)
Violation of any provision of any other applicable ordinance or law related to the work.
(3)
Violation of instructions/directives from the Engineer including unapproved deviation from the City's standard details for construction.
(4)
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
(b)
Written notice of such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice may be given either by personal delivery to the permittee or by fax or by mail addressed to the permittee.
(c)
A permittee may be granted a period of forty-eight (48) hours from the date of the notice to correct the violation and proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
(d)
When any permit has been revoked and the work authorized by the permit has not been completed, the Director shall cause such work to be done as may be necessary to restore the area or part thereof to as good a condition as before the opening was made. All expenses incurred therein by the City shall be recovered from the deposit/bond the permittee has deposited with the City.