[HISTORY: Adopted by the Merchantville Borough Council 3-13-1972 by Ord. No. 470. This ordinance supersedes former Ch. 24, Excavations, adopted 9-27-1965. Amendments noted where applicable.]
(See also Chapter 25, Fees)
It shall be unlawful for any person or persons, firm, partnership, association or corporation to disturb, cut, break into, excavate or open any of the roads, streets, avenues, thoroughfares, alleys, sidewalks or highways in the Borough of Merchantville without first having obtained a permit therefor from the Borough Clerk and having paid a permit fee of $100.00, which permit fee shall accompany the application therefor and shall not be refundable.
Every application for such permit shall also be accompanied by the sum of $200.00, which shall be deposited with the Borough Clerk and which shall be refundable at the request of the applicant for such permit after restoration of the area has been completed in a manner and condition satisfactory to the Superintendent of Public Works.
The foregoing permit shall be good for a period of six months from the date of issue.
Any public utility as defined in N.J.S.A. 40A:2-13, municipal corporation or authority, joint municipal authority or commission may file a bond in the amount of $10,000.00 with the Borough Clerk in lieu of the cash deposit of $200.00 which is required with each application. The filing of such a bond shall eliminate the necessity for such an organization to provide the specified cash deposit regardless of the number of applications made by or outstanding to it. Said bond shall be issued annually by a bonding company, surety company or corporation or organization approved by the Borough Council. Said bond shall be conditioned upon the restoration of the surface and foundation of the road, street, avenue, thoroughfare, alley or highway for which the permit was granted in a manner prescribed in § 24-7 hereof, and the bond shall continue in full force and effect for a period of two years after the completion of the work and construction of the permanent patch or patches.
Prior to the issuance of any permit under this section, the application for such a permit may be reviewed by the Borough Engineer.
Size of disturbed segment.
For purposes of § 24-1A, a permit shall be required for any excavation or opening of 100 linear feet or less parallel to the nearest adjacent curb. Any excavation or opening greater than one hundred linear feet or less parallel to the nearest adjacent curb shall require a separate permit for each one-hundred-linear-foot segment of disturbance, cut, break, excavation or opening on or into any of the roads, streets, avenues, thoroughfares, alleys, sidewalks or highways in the Borough of Merchantville.
A separate application shall be filed for and a separate permit shall be obtained for each and every opening, and the permit fee and deposit required by § 24-1 hereof shall accompany each separate application. For the purposes of this section, a series of excavations made for the installation of a continuous pipe, conduit or other line by boring or jacking methods shall be deemed a single opening and shall require only a single permit for the entire installation.
Each application shall state:
The kind and character of the proposed excavation.
The location of the proposed opening.
The size and depth of the proposed opening.
The type of existing paving.
The name of the contractor who will repave or restore the street.
The name and address of the applicant.
The name and address of the owner in behalf of whom or which the application is made.
The date of the application and the anticipated completion date of the work to be undertaken under the permit.
Said application shall be signed by the applicant guaranteeing complete conformance with this chapter and shall be accompanied by a plan or sketch showing the location of the proposed opening.
In the event of a sudden and emergent break of any water, sewer, gas, oil or other underground line or facilities which endangers the life, health or safety of the public or where immediate repair is imperative to prevent loss or damage to streets or property or discontinuance of service, it shall not be necessary to obtain a permit before commencing such repair or before opening the surface of the street. The making of any such opening or excavation shall be reported to the Police Department and to the Borough Clerk within 24 hours thereafter, and an application for a permit therefor shall be made within 48 hours thereafter.
A permit as described herein shall be required for any tunneling under the surface of any street for any purpose whatsoever, regardless of whether or not it involves an opening in the surface of the street. Any such tunneling shall not be commenced or undertaken until the Borough Engineer has recommended in writing to the Superintendent of Public Works that it be permitted, and such shall be accomplished only under the supervision of the Borough Engineer, whose services shall be paid for by the applicant.
Where the excavation is to extend the full width of the road, only one-half (1/2) of it shall be made at one time and shall be backfilled before the other half is excavated so as not to interrupt traffic. The excavation and backfilling shall be made within seven days.
Upon completion of the excavation of the work to be accomplished therein, and prior to replacing any of the material removed therefrom or placing fill material therein, the applicant shall request that the Superintendent of Public Works perform an inspection thereof. No material or fill shall be placed in the excavation until permission to fill the excavation has been given by the Superintendent of Public Works.
Backfill material shall be such as is approved by the Superintendent of Public Works. Such backfill material may not necessarily be the material removed in the excavation, but shall be a granular material such as to provide a base free of settlement. All backfill must be tamped.
Before patching, concrete surface pavements shall be saw-cut. Where pavement patching includes the construction of a concrete base or surface course, the concrete patch shall extend over undisturbed subgrade for a width of not less than one foot on each side of the excavation.
Temporary patch. It shall be the responsibility of the applicant to apply a temporary patch to the street when said applicant has completed the backfill of the excavation. Said patch may be temporary in nature and it is not necessary that the patch be inspected by the Superintendent of Public Works. In all streets, the temporary patch shall be bituminous cold patch, two inches in thickness. Said cold patch shall be maintained by the applicant at an even level with the road surface until application of the permanent patch.
Permanent patch. The applicant shall install or cause to be installed a permanent patch after six months of application of the temporary patch. The permanent patch shall be of all new materials, and the finished patch shall be equal to or superior to the best adjacent pavement, including all base and surface course. Prior to installation of the permanent patch, the Superintendent of Public Works shall perform an inspection. No permanent patch shall be applied until such an inspection has been performed and permission has been given by the Superintendent of Public Works to install same. Said permanent patch shall be installed within 30 days after permission to install same has been granted by the Superintendent of Public Works. The Superintendent shall have the right at any time when he has reason to believe that such is necessary, to guarantee that satisfactory fill material has been utilized, or that it has been properly placed in the excavation, or that a permanent patch has been properly applied and is of satisfactory material, to require that a portion or portions of the surface and base materials be excavated for an additional inspection or that a reasonable number of test holes be drilled. Either of these acts shall be accomplished at the expense of the applicant. The applicant shall be required to maintain the permanent patch in good repair and at a level with the surrounding street for a period of two years from the date of installation.
Reconstruction of roads.
It shall be the responsibility of the applicant to reconstruct the entire road, street, avenue, thoroughfare, alley, sidewalk and\or highway, the length of which to be determined by the Borough Engineer, if the excavation and\or opening of the same causes:
[Amended 10-11-2000 by Ord. No. 00-09]
The disturbance of twenty (20%) percent or greater of the width of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway, as determined by the Borough Engineer; or
Any disturbance of the width of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway which occurs within 10 years of the reconstruction, repaving and\or replacement of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway by the Borough or any other public, quasi-public or private entity, under the conditions as follows:
The reconstruction, repaving and\or replacement of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway must replace in kind and match the material finish, color, texture and pattern, as well as the specifications, of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway being reconstructed, repaved and\or replaced;
The reconstruction, repaving and\or replacement of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway will not change the flow of water on the road, street, avenue, thoroughfare, alley, sidewalk and\or highway, unless demonstrated to improve the condition, nor shall said reconstruction, repaving and\or replacement create any hardship on adjoining properties.
The length of the reconstruction, repaving and\or replacement of the road, street, avenue, thoroughfare, alley, sidewalk and\or highway shall be solely and exclusively determined by the Borough Engineer, the length of which shall be no less than the distance between adjacent intersections, as identified by the Borough Engineer.
This section shall not be construed as requiring the Borough of Merchantville, or any of its subparts, to reconstruct, repave and\or replace any of road, street, avenue, thoroughfare, alley, sidewalk and\or highway which the Borough may cause to open to effect emergency repairs.
The reconstruction of any road, street, avenue, thoroughfare, alley, sidewalk and/or highway as required by § 24-7D(1) shall be performed according to the specifications of and at the direction of the Borough Engineer.
The permittee shall be under a duty to properly guard the excavation and stored materials and equipment by the erection of suitable barriers by day and approved-type lights or flares by night. He shall be liable for any neglect to safeguard the traveling public.
The Superintendent of the Department of Public Works or such other officer as the Mayor and Council may designate shall:
The Police Department shall enforce the regulations covering storage of materials, erection of suitable barriers, warning signs and lights or flares and all other provisions of this ordinance, so as to safeguard the traveling public.
The Police Department shall prosecute all violations of this ordinance.
Any person violating any of the provisions of this ordinance shall, upon conviction, be punished either by imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days or by a fine not exceeding $200.00, or both, in the discretion of the court. In default of the payment of any fine imposed under this ordinance, any person convicted of a violation hereof may, in the discretion of the court by which said person was convicted, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.
All ordinances and parts of ordinances inconsistent herewith, to the extent of such inconsistencies, be and the same are hereby repealed.
If for any reason any section or any part of a section, paragraph or provision of this ordinance shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other section nor any part of a section, paragraph or provision of this ordinance.
This ordinance shall take effect upon due passage and publication according to law.