As used in this chapter, the following words shall have the following meanings:
- Shall mean the city engineer or other individual as authorized by the commissioners of the City of Wildwood to oversee the work performed under this chapter.
- Shall mean the unforeseen need to open a street surface for the repair of any underground utility occurring other than during normal business hours.
- Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the City of Wildwood as a public street, as well as any state or county road or highway over which the city has acquired jurisdiction by agreement.
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 Wildwood for any purpose whatsoever without first securing a permit therefor as hereinafter provided.
Application for permission to make any street opening between the curblines, edges of pavement, 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:
The applicant's name, address and phone number (local and out-of-town).
The name, address and phone number of the person or firm who will be performing the work.
Name of the street where the opening is to be made.
The City of Wildwood tax map block and lot number of the property for the benefit of which the opening is being made.
The length and width of such excavation.
The purpose for which the excavation is to be made.
The estimated time required to complete the work and restore the surface.
Such other information as may be prescribed by the city engineer.
A fee of two hundred fifty ($250.00) dollars shall be paid to the City of Wildwood prior to the issuance of the permit for all excavations of less than or equal to 50 square feet. If said area to be opened, disturbed, or undermined exceeds 50 square feet, the additional square footage shall be considered "excess square footage" and an additional fee shall be due and payable for all square footage in excess of 50 square feet at the rate of two dollars and fifty ($2.50) cents per square foot.
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 31st of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter.
Notice of Improvement. Before any street is improved or paved, the city clerk shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the city that the street is about to be paved or improved. Such notice shall state that all connections and repairs to utilities in the street and all other such work which requires excavation of the street, including the installation of sewer laterals and other utility connections from gas or water mains to the curbline of unimproved lots shall be completed within 30 days of the receipt of notice. This subsection shall not excuse any person from the requirement of obtaining a permit as provided herein, except that there will be no requirement of posting a performance guarantee for the street restoration.
If an emergency opening is made, telephone notice of the opening shall be immediately given to the police and fire departments of the City of Wildwood and a permit application shall be filed on the next business day.
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 the 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 one thousand ($1,000.00) dollars for the first nonemergency opening, a five thousand ($5,000.00) dollar fine for a second nonemergency opening, and a ten thousand ($10,000.00) fine for a third nonemergency opening.
In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to this subsection, the City of Wildwood may grant relief if all of the following conditions are met:
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.
Upon receipt of the letter, a public meeting date will be set for the city to take formal action.
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 ten days prior to the public meeting.
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 (3) days prior to the public meeting. The notice must:
Identify the property by street address and block and lot.
State the reason for the hardship.
State the type and size of the utility opening.
Advise the adjoining property owners that if they have any objections, they must advise the city clerk, in writing, as to their objections to proposed street opening at least three days in advance of the public meeting.
State date and time of public meeting.
Be approved by the city clerk prior to mailing.
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.
A request which includes the extension of a utility main shall not be considered and will be automatically denied.
A request based solely on economic savings shall not be considered and will be automatically denied.
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 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.
Trench restoration may be permitted under special circumstances and at the option of the City of Wildwood and the city engineer for openings having a minimum impact on the longevity and serviceability of the street in question.
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 30-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.
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 that 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 Standards Specifications for Road and Bridge Construction — 1989 and as amended. Reference to articles or sections hereinafter refer to said state highway specifications.
Trenches shall be backfilled in layers not to exceed six inches and a vibratory tamper must be used; 95 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.
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.
Bituminous concrete street restoration specifications.
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 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.
Less than 100 square feet.
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 installed to grade.
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.
Greater than 100 square feet.
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 adjacent paved surfaces. A six-inch lift of stabilized base course, mix I-2, shall then be installed to grade.
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.
Less than 100 square feet.
For openings less than 100 square feet, the final restoration will involve the removal of the top two inches of bituminous concrete cold patch. All edges shall be saw cut six inches beyond the actual trench width disturbed to produce a clean edge and said edges shall be prepared with an asphaltic tack coat. A two-inch lift of bituminous concrete surface course, mix I-5, shall then be placed to a level even with the existing road grade.
Greater than 100 square feet.
For openings greater than 100 square feet, the trenches shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench width to produce a clean edge. 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.
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.
If more than three individual excavations would be required within a 50-foot length, a single trench must be used rather than the individual excavations. Final restoration will require a minimum of one-half width of the cartway. The trench shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench limit from the centerline of the cartway to the curbline. 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.
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:
It shall be class b with a design strength of 3,700 psi.
It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
It shall have a minimum width of not less than five feet for sidewalks.
It shall have control joints not more than five feet for sidewalk, ten feet for curb and gutter and expansion joints not more than 20 feet for sidewalk, curb and gutter.
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.
All permits issued under this section shall be subject to the following rules and regulations:
All excavations shall be kept properly barricaded by the permittee at all times and during the hours of darkness, shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other reasonably necessary precaution for the protection of persons or property.
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the engineer. The police and fire departments shall be informed of all street closings at least 24 hours in advance.
The engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
No work shall be done in such a manner as to interfere with any water main or sewer line, or any connection with either of the same, from any building unless that is the purpose of the excavation or permission has been obtained in advance from the engineer. No work shall be carried on in such a manner as to result in destruction or damage of any property of the city unless this is necessary for completion of the work and permission has been obtained in advance from the city department or agency having jurisdiction over such property.
Pavement shall be cut with pneumatic hammers or mechanical pavement cutters, saws or other like tools. The edges of the opening shall be kept as square and clean-cut as possible. The paved roadway surfaces shall be cut vertically only on a straight line before excavating to avoid undermining an adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface and in such a manner and to such depth and width as will give suitable room for bracing and supporting, pumping and draining at the permittee's discretion. The maximum trench width at the top of the pipe shall be two feet plus the outside diameter of this pipe. The permittee may, where it will not interfere with the work or adjacent structures of property, slope the sides of the excavation beyond the width specified above. The sides of the trench may only be sloped from a point starting two feet above the top of the pipe.
No trench may be refilled until such time as the engineer or his designee has inspected the subterranean installations and approved same.
Transferability. Every permit shall apply to the person to whom it is issued and shall not be transferable.
Possession of Permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the engineer, must be kept in the possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the engineer or to any police officer of the city.
Revocation of Permit. The engineer may revoke a permit for any of the following reasons:
Violation of any provision of this section or any other applicable law or ordinance.
Violation of any condition of the permit issued.
Carrying on the work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
No permit shall be revoked until the permittee has been afforded notice and an opportunity to be heard in the manner provided in subsection 15-1.5c. In the case of an emergency which creates an immediate danger to the public health or safety, the engineer may suspend a permit and order work under the permit to cease immediately without the necessity of a hearing. In the event, the permittee shall be afforded an opportunity to be heard as soon as possible. When any permit is revoked, the engineer may provide in his decision that the revocation shall not become effective if the permittee corrects the conditions which led the engineer to move to revoke the permit.
Except in the case of an emergency, the permittee shall be required to notify the engineer prior to opening any street. The purpose of such notification is to enable the engineer to cause his designated inspector to be at the site prior to commencement of the street opening. Inspections will be required prior to any back filling, temporary surface restoration and final surface restoration. A schedule will be maintained by the engineer for the purpose of enabling permittees to make appointments with the inspector for the purpose of conducting the requisite inspections hereunder. No performance guarantees will be returned until such time as the engineer has satisfied himself that the permittee has complied with all of the requirements of this chapter relative to opening, back filling and restoration of the street surface.
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.
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 percent of the full amount of the total estimated construction costs. A certified check drawn in favor of the City of Wildwood for the same amount (100 percent 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. A minimum amount of five thousand ($5,000.00) dollars shall be posted for any permit. The minimum amount may be revised by resolution of the board of commissioners.
In lieu of the above-mentioned performance surety, public utility companies or authorities may post an annual performance surety for ten thousand ($10,000.00) dollars or for an increased amount determined by the city engineer. The form of surety shall be approved by the city solicitor.
In addition to the posting of a performance surety, and as a condition to the release of same, the City of Wildwood may, at their 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 percent of the performance surety. A certified check, drawn in favor of the City of Wildwood, for the same percentage (15 percent of the performance surety) may be substituted for the maintenance surety.
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.
The applicant shall be responsible for all maintenance and repairs required at the site for a period of one year following completion of construction.
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 personal injury liability insurance in the amount of at least one million ($1,000,000.00) dollars combined single limit and at least five hundred thousand ($500,000.00) dollars per occurrence for property damage. 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 firefighting equipment shall be kept free of debris, construction materials or other obstructions.
Protection of traffic must be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways.
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 section. By accepting this permit the applicant agrees to indemnify and hold harmless the City of Wildwood, its agents, servants, and employees, from any damage or liability sustained by any person or property arising out of the activities of the permittee or its agents, servants, and employees in conjunction with the work authorized by said street opening permit. 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 section shall, upon conviction thereof before the judge of the city court, be subject to a fine not exceeding one thousand ($1,000.00) dollars or to imprisonment in the city or county jail for a period not exceeding 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in Newly Paved Streets, subsection 15-1.5b2.
Street openings and excavations performed by the City of Wildwood or agents of the City of Wildwood are exempt from the provisions of this section.
Every person owning, using or controlling pipes, conduits, ducts or other facilities under the surface of any street used for the purpose of supplying gas, electricity, communications, water or steam to or from the city or its inhabitants, or for any other purpose, shall file with the director accurate information showing the location, size and description of all installations.
On or before January 31st of each year, all persons subject to this section shall file with the director additional information showing all installations made or abandoned during the previous year. If no changes have been made to the installations during the previous year, a written statement to that effect may be filed with the director within the period of time specified above. Any person subject to this section may, at his option, elect to provide additional information throughout the year as it is available.
The owner of any premises in the City of Wildwood abutting a sidewalk or curb shall, at his/her own expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his own cost and expense, shall forthwith reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair. This section shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where responsibilities for construction and maintenance are more particularly delineated in the subdivision ordinance of the city. Additionally, the owner of any premises in the City of Wildwood abutting the sidewalk or curb shall, at his or her own expense, maintain such sidewalk or curb in a clean condition, free of debris, and shall also maintain, in a clean condition, that portion of the gutter/roadway abutting the sidewalk extending from the edge of the curbline to a distance of 18 inches into the street.
Where, in the opinion of the City of Wildwood engineer or the public works superintendent, a sidewalk or curb is in an unsafe or hazardous condition, either shall inform the city commissioners which shall by resolution authorize a notice in writing to be served upon the owners or occupant of said lands, requiring the necessary specified work to said curb or sidewalk to be done by said owner or occupant within the period not less than 30 days from the date of service of said notice. Whenever any lands are occupied and the owner cannot be found within the city, said notice may be mailed, postage prepaid, to his or her post office address as it is ascertained from the latest tax rolls of the City of Wildwood. In a case where an owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then a notice may be inserted for four weeks, once a week in the official newspaper of the City of Wildwood.
In the case where the owner or occupant of such lands shall not comply with the requirements of such notice, it shall be lawful for the public works superintendent, upon filing due proof of service or publications of the aforesaid notice, to cause the required work to be done and paid for out of the city funds available for that purpose. The cost of such work shall be certified by the public works superintendent to the city engineer who shall verify the same and return it over to the tax assessor. Upon filing said certificates, the amount of the cost of such work shall be and become a lien upon abutting lands in front of which such work was done, and collected in the manner provided by law for the collection of other assessments or lien; in addition thereto, the City of Wildwood as its option, may maintain an action to recover the amount thereof against the owner of said lands in any court of competent jurisdiction.
All new sidewalks and curbs constructed by an abutting owner shall be constructed in accordance with the line and grade established by the city engineer. All old and existing sidewalks reconstructed or repaired in accordance with the existing line and grade unless such line or grade is changed by the city engineer. It shall be the duty of the abutting owner in all instances to make inquiry of the city engineer respecting such line and grade.
All sidewalks and curbs constructed, reconstructed or repaired shall be in accordance with specifications in the Ordinance of the City of Wildwood.
The City of Wildwood may each year include in its annual budget or tax ordinance an appropriation for curb and/or sidewalk repairs in addition to any existing maintenance fund, out of which appropriation, all cost of construction and/or repair of curbs or sidewalks during the year may be charged when it becomes necessary for the public works department to make such repairs and/or construction pursuant hereto. All monies recovered or paid to the city under the provisions of this section, other than penalties as hereinafter set forth, shall be credited to the account out of which such work was paid.
Whenever any curb or sidewalk is required to be repaired, reset or relaid in the City of Wildwood, application for a permit shall be made by the owner of the abutting lands or his contractor to the superintendent of public works, specifying grade, dimensions, mixed materials and method of construction or repair to be used. The superintendent of public works shall examine said specifications and upon approval of the city engineer, in compliance with all the provisions of this section, shall grant a permit to the applicant. Fees for the aforesaid permit shall be one ($1.00) dollar per linear foot of curb being repaired.
The failure of any applicant or owner or his contractor, servant or agent to construct or repair such curbs and/or sidewalks in accordance with the specifications filed by him for the purpose of securing that permit under the terms of this section shall be and constitute a violation hereof.
Any person violating the terms of this section or refusing or neglecting to comply with any of the provisions hereof shall, upon conviction therefor, be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment in the county jail for a period of not more than 90 days, or both, in the discretion of the court before whom such conviction is had.
Each day's persistence in the things or acts prohibited by this section shall be and constitute a separate and distinct offense subject to any and all penalties prescribed in this section.
If any section, paragraph, subdivision, clause or provision of this section shall be judged invalid, such adjudications shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this section shall remain valid and effective.