[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)
A.
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.
[Amended 4-22-1996]
B.
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.
[Amended 4-22-1996]
C.
The foregoing permit shall be good for a period of six months from
the date of issue.
D.
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.
E.
Prior to the issuance of any permit under this section, the application
for such a permit may be reviewed by the Borough Engineer.
[Added 4-22-1996]
F.
Size of disturbed segment.
[Added 4-22-1996]
(1)
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.
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.
B.
Each application shall state:
(1)
The kind and character of the proposed excavation.
(2)
The location of the proposed opening.
(3)
The size and depth of the proposed opening.
(4)
The type of existing paving.
(5)
The name of the contractor who will repave or restore the street.
(6)
The name and address of the applicant.
(7)
The name and address of the owner in behalf of whom or which the
application is made.
(8)
The date of the application and the anticipated completion date of
the work to be undertaken under the permit.
C.
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.
A.
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.
B.
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.
C.
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.
(1)
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.
(2)
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.
D.
Reconstruction of roads.
[Added 4-22-1996]
(1)
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]
(a)
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
(b)
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:
[1]
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;
[2]
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.
[3]
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.
(c)
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 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:
A.
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.
B.
The Police Department shall prosecute all violations of this ordinance.
[1]
Editor's Note: Former § 24-11, Default, was
repealed 5-27-1997.
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.
