City of Corbin, NJ Streets and Roads

It shall be unlawful, except in an emergency as set forth in Subsection B(2) hereunder, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the City Clerk as herein provided:

To dig up, excavate, tunnel, undermine or in any manner break up any street, paved or unpaved.

To make or cause to be made any excavation in or under the surface of any street for any purpose.

To place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street.

To clear any City right-of-way of vegetation for the installation of gravel material and/or construction of a bituminous concrete cartway.

(e)

To perform any other operation on any street which in any manner interferes with or disturbs the surface of such street.

Emergencies; hardship.

In the event that any pipe, main, conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as to seriously endanger persons or property, the owner of such sewer, main, conduit or other installation shall immediately contact the New Jersey State Police Department and the Corbin City municipal engineer's office describing the location of the break, the extent of repairs and any emergency measures required to reroute traffic. Upon approval by the State Police, the owner shall immediately take all such necessary steps to make said location safe and secure. Such shall not, however, begin making any permanent repairs to such street, alley or sidewalk until he or she shall have secured a permit as hereinafter provided. Such permit shall be applied for within 48 hours after such break or serious trouble shall have developed, and the necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the municipal engineer and shall be completed as soon as practicable after receipt of the permit. In conjunction with the filing of the road opening application, the owner shall provide a written certification from his or her design professional indicating the nature of the emergency and the manner in which it was detected and verified.

In the event in which a single-family property owner has a hardship condition which requires a street opening permit to be issued contrary to § 253-14B,[1] the City Committee shall grant relief if all of the following conditions are met:

A letter addressed to the City Committee, c/o City Administrator, 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 Committee to take formal action.

[3]

The property owner making the request shall serve 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 Administrator at least three 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.

[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 Administrator, 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 Administrator prior to mailing.

[5]

The City Committee 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 includes 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.

Editor's Note: See § 87-4D(2).

Any person failing to apply for the permit necessary to perform any of the activities set forth in this section shall be subject to a penalty as set forth in Subsection M of this section.

Application procedure.

A written application for the issuance of an excavation permit shall be obtained from the City Clerk. The application shall state the name and address of the applicant, the estimated dates of commencement, completion and restorage of the excavation and such other data as may reasonably be required by the municipal engineer.

All applications shall have attached a sketch/drawing with pertinent details drawn by a professional engineer of the State of New Jersey and must be drawn to a scale sufficient to show clearly the proposed work. Plans shall show profiles and all utilities within 25 feet of the proposed work. The sketch/drawing shall indicate the existing and proposed road surface and condition of the road base. The drawing shall provide the distance to the nearest intersection, north arrow, scale and dimensions of all proposed areas to be excavated. Utility companies may use a nonlicensed engineer acceptable to the municipal engineer.

The applicant has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 48:2-73 et seq. when the proposed excavation is located within 200 feet of a gas pipeline, and all permits issued by the municipal engineer are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site and, if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto.

All applicants are also responsible for providing construction warning signs and lights in accordance with the Manual on Uniform Traffic Control Devices. Any proposed detours or road closings must be submitted to the New Jersey State Police and Corbin City municipal engineer's office for approval prior to the application for road opening. A separate sketch detailing any proposed detours or lane restrictions shall be submitted prior to the permit being issued if required by the State Police or the engineer's office.

Issuance of permit; denial; revocation.

Upon application and payment of the fees and deposits for which provision is hereinafter made, the municipal engineer, in his discretion, may issue a permit to excavate or open the surface of any City street. The permit shall state the name of the applicant, the nature and purpose of the excavation or opening, the location of the opening and the number of days for which the permit shall remain in force.

No permit shall be issued for an opening on any roadway which has been resurfaced by the City during a period of three calendar years previous to the application date, except for permits for emergency openings as defined in Subsection B(2). In the case of a newly constructed or reconstructed roadway, the time period shall be five years.

If the application for a permit is denied, the City Clerk shall send the applicant written notification of the denial and shall state the reason for denial.

Any permit issued under this section may be revoked at any time by the municipal engineer.

Conditions and limitations.

Permits shall become null and void unless work is commenced within 30 days of the issuance of said permit, unless an extension of time is granted by the municipal engineer, in writing.

The applicant shall give a forty-eight-hour notice to the municipal engineer or his duly authorized representative and the City Clerk's office prior to making any road openings, except in cases of emergency as provided for in Subsection B(2) above. No openings shall be commenced on a Saturday, Sunday or holiday unless in cases of emergency.

In cases of emergency openings, the applicant shall notify the municipal engineer and State Police prior to any work being performed. The applicant shall submit an application for the emergency work no later than 48 hours after the work is completed.

Should prevailing weather conditions preclude the permanent restoration of the road surface, the applicant shall be responsible for the maintenance of the temporary surface.

No work areas shall be closed to traffic for more than two working days without the approval of the municipal engineer.

(6)

Every permit shall apply only to the person to whom it is issued and shall not be transferable. A copy of said permit shall be available for inspection at the job site at all times when work is being performed.

Fees; bond requirements.

Fees. An application fee for each separate street opening or improvement shall be posted with the City Clerk according to the following fee schedule:

Up to 50 square feet: $200.

Up to 300 square feet: $250.

Up to 3,000 square feet: $350.

Over 3,000 square feet: $400.

Performance guaranty. A road opening permit shall not be issued until a satisfactory performance guaranty is posted with the City Clerk according to the approval of construction estimates by the municipal engineer. The performance guaranty shall be a certified check or similar cash equivalent guaranty with the exception of a utility and cable television company's guaranty which may be an annual performance bond or letter of credit in an amount approved by the municipal engineer and in a form approved by the City Solicitor. The performance guaranty shall be based upon current estimates of the market value of required construction.

Inspection fees. Inspection fees shall be estimated by the municipal engineer based upon estimated field inspection expenses and review of the application. Such fees shall be payable directly to the City Clerk's office and must be posted prior to the commencement of any work.

Maintenance guaranty. Upon completion of the road opening restoration and prior to the release of the performance guaranty, a maintenance guaranty in the amount of 15% of the original guaranty shall be posted with the City Clerk. This maintenance guaranty will serve to ensure that the road, as reconstructed, will remain in good condition for two years after final acceptance. Any restoration required by the municipal engineer within this two-year maintenance period will be the sole responsibility of the applicant. Utility companies may satisfy this requirement through appropriate language contained within the annual performance guaranty.

If it becomes necessary for the City to use a performance or maintenance guaranty because of work which is deemed by the municipal engineer to be unsatisfactory or otherwise not in conformance with the provisions of this section, the applicant shall be notified, in writing. If the substandard conditions are not satisfactorily repaired within two weeks of receipt of the notice, the City will cause the work to be done, and the cost will be subtracted from the guaranty. Should the cost of the corrective work exceed the original guaranty amount, the City reserves the right to recover the extra cost from the applicant by special tax assessment.

Liability. The applicant, upon securing said permit, agrees that the City of Corbin City will be saved harmless from any and all claims of any nature arising out of the construction of road and street opening work covered by said permit and, further, that the City of Corbin City in issuing said permit shall not assume liability in connection therewith. In the event of any suit or claim against the City by reason of the negligence or default of the applicant, upon the City's giving written notice to the applicant of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the applicant, and the applicant shall be liable for the City's costs, attorney's fees, expert's fees and court costs in connection with such suit.

Insurance requirements.

Prior to performing any work under the permit, the applicant shall deliver to the municipal engineer a certificate of insurance in the sum of not less than $1,000,000 combined single limit (CSL). Where applicable, the applicant shall demonstrate that the explosion, collapse and underground (x.c.u.) exclusion has been removed from its insurance policy. The insurance carrier will not cancel said insurance without giving the City of Corbin City at least 10 days' notice thereof, in writing.

Homeowners who are proposing repairs to sidewalks, driveways and curbing within the City right-of-way will be exempt from supplying insurance. If the homeowner contracts to have the work performed, he or she shall have the contractor produce evidence to the City Clerk that he or she is adequately insured.

All utility and cable television companies will be required to submit their certificates of insurance at the time of performance bond submission. At this time, both documents will be reviewed by the City legal staff for adequacy and correctness. The insurance carrier for the utility or cable television company will not cancel said insurance without giving the City of Corbin City at least 10 days' notice thereof, in writing.

Traffic conditions.

The applicant shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the municipal engineer or the State Police may permit the closing of streets to all traffic for a period of time prescribed by him or it if, in his or its opinion, it is necessary. The applicant shall notify the owners of adjoining properties at least 48 hours prior to the time he proposes to begin any work which will interfere with their normal passage. If any opening requires a detour, then five days' notice is required. Notice of business interruptions will require at least 30 days' notice.

The applicant shall keep all road and street openings guarded at all times and open no greater part of such road or street than shall be reasonably necessary as determined by the municipal engineer. The applicant shall route and control traffic, including its own vehicles, as directed by the State Police. Before any highway may be closed or restricted to traffic, the applicant must submit a plan showing the proposed detour or restriction and receive approval from the municipal engineer and State Police. In no case shall any road be closed or restricted without prior permission from both agencies. Upon completion of the construction work, the applicant shall notify the municipal engineer and the State Police before traffic is moved back to its normal flow so that any necessary adjustments may be made.

Where flagmen are deemed necessary by the municipal engineer and/or State Police, they shall be furnished by the applicant at his own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the municipal engineer or State Police will designate detours. The City shall maintain roadway surfaces of existing highways, designated as detours without expense to the applicant, but in case there are no existing highways, the applicant shall construct all detours at his expense and in conformity with the specifications of the municipal engineer.

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 the fireplugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

Safety precautions. The following measures shall be taken to ensure the safety and protection of the traveling public.

All openings must be backfilled immediately and pavement restored in accordance with Subsection K.

If it is necessary to leave an excavation unfinished overnight or for an extended period, the applicant shall place at the site suitable barricades with appropriate lighting. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices and any amendments thereto, except that the applicant must place his name and a phone number where he can be reached at all times. He shall also notify the State Police and municipal engineer of the condition of the unfinished excavation and furnish the State Police with his name and phone number where he can be reached at all times. A minimum of four flashers must be used at the construction site or along the right-of-way as required by the municipal engineer or the State Police.

The applicant shall erect and maintain suitable timber barriers to confine earth from trenches or other excavation in order to encroach upon highways as little as possible.

The applicant shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safety. Timber decking shall be not less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walkway shall not be less than three feet in width and shall be provided with a railing as required by the municipal engineer.

All applicants must call the New Jersey One Call Service and obtain clearances before beginning excavation. Any utility companies that do not belong to this utility opening service shall be contacted directly and all clearances obtained prior to beginning any disturbance.

(6)

The applicant and contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations and with any other applicable laws in the performance of the work.

Standards for opening existing roads. The standard for materials and construction methods shall be the New Jersey Department of Transportation (NJDOT) 1989 Standard Specifications for Roads and Bridges.

Off-street rights-of-way restoration specifications.

Fill.

Fill shall be clean with no organic content and free of roots, stumps, asphalt and foreign objects. "Fill" shall be defined as meeting the requirements of Section 204, Borrow Excavation, of the NJDOT Standard Specifications.

Fill shall be compacted by vibratory equipment or rolling equipment, where appropriate, and as necessary to ensure that the original grade is obtained.

Surface.

In the case of a trench or opening in an earth shoulder, the applicant shall restore the top four inches of the trench with topsoil. The area shall then be fertilized, seeded and mulched in accordance with current regulations as set forth by the Cape Atlantic Soil Conservation District.

In the case where the shoulder material consists of gravel, the applicant shall replace the material with eight inches soil aggregate, Type 1-5. The gravel shall be properly graded and compacted to promote surface runoff of stormwater.

Bituminous concrete street restoration specifications.

Fill.

Trenches shall be backfilled in layers not to exceed 12 inches, and a mechanical tamper must be used. Should there be a deficiency of material, additional backfill material shall be supplied. Whenever the municipal engineer or his duly authorized representative shall deem the material unsatisfactory for backfill, the applicant shall provide acceptable material for the backfill.

Fill shall be clean with no organic content and free of roots, stumps, asphalt, etc. Clay material shall not be considered acceptable.

[3]

95% compaction shall be provided in fill areas through:

One foot over underground utilities and hand tamping.

One-foot lifts individually compacted by hand or mechanical tamping.

Gravel. Gravel shall be installed 10 inches thick. The gravel shall consist of compact soil aggregate, Type 1-5. 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 1-5 materials. The municipal engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the cost of said analysis to be borne by the applicant.

Temporary restoration.

Oil and stone roadways. For openings in oil and stone roadways, the temporary restoration required will consist of the installation of six inches of soil aggregate, Type 1-5, to a level 2 1/2 inches below the level of the adjacent paved surfaces. A two-inch minimum depth of stabilized base course, Mix I-2, shall be placed on the base material to a level 1/2 inch below the adjacent paved surfaces.

Asphalt roadways.

Less than 100 square feet.

[i]

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 1-5, to a level of seven inches below the level of the adjacent paved surfaces. A four-inch lift of stabilized base course, Mix I-2, followed by a one-inch lift of a sand release layer and a two-inch lift of stabilized base course shall be installed to grade.

[ii]

These temporary surfaces shall be left in place for a period of not less than 30 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the municipal engineer shall determine when the work is acceptable for final restoration. The applicant shall be responsible for all maintenance deemed necessary by the municipal engineer until such time as the final restoration is completed.

Greater than 100 square feet.

[i]

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.

[ii]

Final restoration.

Oil and stone roadways. The applicant shall complete the final restoration in oil and stone roadways by capping the existing stabilized base course with a one-inch lift of bituminous concrete surface course, Mix I-5, to a level even with the adjacent paved surfaces. A clean, straight edge shall be obtained prior to the placement of surface course, and all edges shall be prepared with a tack coat.

Asphalt roadways.

Less than 100 square feet. For openings less than 100 square feet, the final restoration will involve the removal of the two inches of stabilized base and the sand release layer. All edges shall be saw cut beyond the actual trench width disturbed to produce a clean edge, and said edges shall be prepared with an asphaltic tack coat. A three-inch lift of bituminous surface course, Mix I-5, shall then be placed to a level even with the existing road grade.

Greater than 100 square feet.

[i]

For openings greater than 100 square feet, the trenches shall be milled to a depth of two inches to a distance at least six 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.

[ii]

No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the applicant will be responsible for performing whatever remedial action is required by the municipal engineer.

General restoration specifications.

Whenever required by the municipal engineer, pipes for making opposite side hookups shall be driven or bored under the paved portion of the road or street without disturbing the surface.

Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the municipal engineer or his representative.

All damage done to adjacent elements of the street, curbs, walks, catch basins, storm drains, landscaping, grass area, etc., shall be immediately repaired by the applicant.

All work shall be done with care and in a workmanlike manner.

(e)

The temporary restoration must be completed prior to the opening becoming greater than 400 feet in length. In no case shall the applicant be allowed to open a length greater than 400 feet without performing temporary restoration. In addition, no trenches shall be left open over the weekend or during any holiday period.

(f)

If the work done by the applicant or the sum of all applicants on a given roadway disturbs greater than 40% of the existing roadway, the applicant(s) will be required to perform a two-inch minimum surface course overlay for the full width of the road to the total length disturbed.

(g)

In lieu of the requirement of final paving of any road opening, the City may require the applicant to contribute the cost of final paving to the City based on an engineer's estimate of the improvement. If the City decides to accept money in lieu of final paving, the applicant will be relieved of any responsibility for final paving of the roadway, and the City shall use the money contributed to complete all surface restorations that are deemed necessary by the municipal engineer. The applicant may also petition the City Council for the City to accept the responsibility of final paving if it so desires.

(h)

The applicant must keep the work area clean each day. The applicant must sweep the surrounding road surface to control dust, mud, dirt, etc. The applicant shall also adhere to all requirements of the Cape Atlantic Soil Conservation District at all times. If the applicant does not comply, the City will perform the cleanup and act on the performance bond for the cost.

(i)

Upon completion of the work, the applicant will request a final inspection by the municipal engineer. If the work is completed in a satisfactory manner, notification of satisfactory completion will be sent to the City Clerk. Upon receipt of this notification and receipt of the required maintenance guaranty, the performance guaranty will be returned by the City Clerk, where and when applicable.

(j)

In any case where the contractor has not complied with these regulations to the satisfaction of the municipal engineer or his representative, the Engineer, without notice, may cause the work to be done, and the cost shall be deducted from the performance bond by the applicant.

Specifications for opening streets under a moratorium.

If it is necessary to open a street subject to a moratorium as defined under Subsection D(2), the applicant shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.

The distances in either direction of the opening will be determined by the municipal engineer based on the proximity to other roadways or utility concerns. In most cases, final pavement restoration will encompass 50 feet in both directions of the opening for a full width of the existing road. The municipal engineer may allow resurfacing to the center line of the road only if the opening is completed within one lane and does not involve disturbance across the center line.

Temporary and final pavement restoration shall be completed in the same method as indicated in Subsection B(2), except that milling will entail the full length and width that must be repaved.

Opening streets under a hardship condition as defined in Subsection B(2) will require the same final pavement restoration as indicated in this section, subject to review by the City Council. The City Council may, at its discretion, waive these requirements under hardship conditions.

Specifications for dedicated but unopened streets or paper streets.

The clearing of the proposed street or public right-of-way shall conform to Subsection K(1), off-street rights-of-way restoration specifications. All clearing shall be done within the right-of-way and shall be limited to the area necessary to provide the required grade on the proposed roadway.

All proposed streets within an existing public right-of-way shall be constructed in accordance with all applicable design standards for new streets as set forth in the City Code.

Each plan submitted shall have a letter attached from a licensed professional engineer describing the proposed stormwater management plan. The drainage plan must be designed in compliance with all stormwater management criteria set forth in the City Code.

Any waiver of the required improvements such as curbs, gutters, sidewalks, driveways, etc., must be requested from the Corbin City Planning Board. The City Planning Board's decision shall be final in determining the need for these improvements.