[Adopted 7-5-1951 as Ord. No. C-443; amended in its entirety 4-16-1991 by Ord. No. 537-91]
[Amended 12-1-1992 by Ord. No. 651-92]
For the purpose of this Article, the term "person" shall mean the singular and the plural and shall include any person, firm, partnership, corporation, authority or utility. The term "street" shall mean the singular and the plural and shall include the right-of-way at any street, road, highway, alley or avenue in the City of Perth Amboy. The term "street," however, shall not include sidewalks.
[Amended 12-1-1992 by Ord. No. 651-92]
A. 
No person shall tear up, open or excavate any portion of any street in the City of Perth Amboy or controlled by the City of Perth Amboy for any purpose without first making a written application to and receiving approval from the Director of Code Enforcement.
[Amended 9-14-2005 by Ord. No. 1303-2005]
B. 
The construction of all curbs and gutters, and the opening or construction of a driveway, shall be governed by Article IV of this chapter.
[Amended 9-13-2000 by Ord. No. 1059-2000]
C. 
The application shall state the name and address of the applicant, the name and number of the road to be opened, the nature and purpose of the excavation and any other data and information as may be required by the Director of Code Enforcement . The application shall be accompanied by an accurate sketch, drawn to scale, showing the position and extent of the proposed opening.
[Amended 9-13-2000 by Ord. No. 1059-2000]
[Amended 12-1-1992 by Ord. No. 651-92; 9-13-2000 by Ord. No. 1059-2000; 9-14-2011 by Ord. No. 1577-2011; 2-14-2018 by Ord. No. 1874-2018]
The fee for the issuance of an excavation permit under this Article shall be:
A.
Detached one or two family dwelling
$250
B.
All other properties
$400
C.
Restoration Fee:
Detached one or two family dwellings
$1,250
All other properties
$2,000
D.
Inspection fee — City Engineer — all properties
$100
E.
Utility Main Replacement
$500 per Street Block
Inspection Fee — City Engineer
$1 per LF (Linear Foot)
Minimum Fee $500
Fees are retroactive to January 2012 and shall be paid to the City of Perth Amboy. These fees shall be in addition to any other charges relative to the proposed construction.
[Amended 9-13-2000 by Ord. No. 1059-2000]
An applicant, prior to receiving a permit, shall file with the City Clerk, who will then notify the Director of Code Enforcement of such filing, an insurance policy or a certificate of insurance of a company duly licensed to transact business under the insurance laws of this state for general liability insurance of not less than a combined single limit of five hundred thousand dollars ($500,000) for any person or for any accident. The City of Perth Amboy shall be a named insured on the insurance policy.
[Amended 9-13-2000 by Ord. No. 1059-2000]
The applicant shall also, prior to receiving a permit, deposit a restoration fee with the Director of Code Enforcement payable to the City Clerk in an amount equal to thirteen dollars and fifty cents ($13.50) per square foot for each and every opening to be made in any concrete or bituminous concrete pavement, and the sum of six dollars and seventy cents ($6.70) per square foot for all other surfaces and shoulders, provided that the minimum restoration fee shall be one thousand dollars ($1,000) for each and every opening. The restoration fee shall be refunded to the applicant upon receipt by the Director of Code Enforcement of a written report by the City Engineer and approval by the Council as set forth in Section 386-28C(1).
A. 
Any public utility subject to regulation by the Board of Public Utilities of the State of New Jersey may satisfy the requirements set forth in Section 386-25 by making a bond, which may be the bond of such public utility solely, in the sum of five hundred thousand dollars ($500,000) in favor of the city, and file the same with the City Clerk. The city shall be permitted to draw upon such bond upon failure to comply with the applicable provisions of this Article as to each street opening which shall hereafter be made by such public utility.
B. 
In lieu of the insurance requirements set forth in Section 386-24, a public utility may file with the City Clerk a letter certifying that it is a self-insurer. The City Clerk shall inform and provide copies to the Director of Code Enforcement.
[Amended 9-13-2000 by Ord. No. 1059-2000]
C. 
The Director of Code Enforcement may require a public utility to perform the street restoration ordinarily performed by the city, based upon the scope and magnitude of the project involved. Said restoration shall be conducted under the supervision of the City Engineer and performed to standards established by the City Engineer. In such case, the restoration fees as set forth in Section 386-25 may be waived.
[Amended 9-13-2000 by Ord. No. 1059-2000]
D. 
(Reserved)
[Added 2-14-2018 by Ord. No. 1874-2018; deleted 12-14-2022 by Ord. No. 2068-2022]
E. 
Prior to any road opening work being performed, a mandatory pre-construction meeting shall be held with the City to go over the construction work to be performed. The Director of Code Enforcement, City Engineer, Director of Water and Sewer Dept., Director of DPW and Police will attend such pre-construction meeting as representatives of the City.
[Added 2-14-2018 by Ord. No. 1874-2018]
F. 
The Director of Code Enforcement and the City Engineer shall enforce all sections of Article VI Excavations in Streets.
[Added 2-14-2018 by Ord. No. 1874-2018]
[Amended 9-13-2000 by Ord. No. 1059-2000; 9-14-2005 by Ord. No. 1303-2005]
During a five-year period, no permit shall be issued to open, cut or excavate any newly paved or resurfaced street unless the Director of Code Enforcement determines that an emergency exists which necessitates excavation. In an emergency, such as broken or frozen water mains or other happenings which endanger public life, health and safety, street openings may be made without a written application as set forth in Section 386-22, provided that the Director Code Enforcement determines that an emergency exists and authorizes said excavation. Written application for a permit shall nevertheless be made by the person responsible as soon as possible but in any event within forty-eight (48) hours of the emergency excavation in accordance with Section 386-22.
After the passage of one (1) year after repaving, no person shall tear up, open or excavate any portion of any street in the City of Perth Amboy or controlled by the City of Perth Amboy, except for the below listed purposes, without first making a written application to the Director of Code Enforcement who shall make a written recommendation to the Mayor, who shall be the only official with authority to approve any permit pursuant to subsection A, B and C below, and only for applications that fall within the following categories:
A. 
The applicant is seeking a permit in order to construct a new building on a vacant property, or
B. 
In the event of a total renovation of an existing structure, which shall be determined by the Director of Code Enforcement, in his sole discretion, or
C. 
The owner of the property is converting the heating system from oil to natural gas, subject to receipt of any other required permits.
The permit fee for any application made pursuant to this section shall be five hundred dollars ($500).
The minimum restoration fee for any application made pursuant to this section shall be two thousand five hundred dollars ($2,500).
The restoration fee shall be held for the remainder of the moratorium, but in no case for less than one (1) year from the date of application.
A. 
Streets opened pursuant to this Article shall be cut in a straight line. The contractor shall furnish and place crushed stone (dense graded aggregate base course designation I-5) where directed by city officials.
B. 
Backfill; disposal; specifications.
(1) 
The backfill for any excavation from the bottom of the excavation to the subbase elevation shall be three-fourths-inch clean stone only. The use of excavated material shall not be permitted. Backfill shall be hand-placed and thoroughly compacted in such a manner as will completely fill the space below and around any pipes, taking care not to displace or damage sewer, water or pipes. Fill shall be spread in six-inch layers, using bulldozers, pans or road graders, and compacted by rolling or vibrating methods of compaction by one (1) of the following:
[Amended 6-18-1996 by Ord. No. 844-96]
(a) 
Smooth-faced power rollers, either solid surface or pad-type, weighing not less than ten (10) tons and having a load of not less than three hundred thirty (330) pounds per inch of width of roller surface.
(b) 
Pneumatic tire wabble-wheel rollers having a load of not less than two hundred twenty-five (225) pounds per inch of width of tire surface.
(c) 
Tamping type of sheeps-foot roller having projecting studs of not less than six and one-half (6 1/2) inches and developing a load of not less than two hundred (200) pounds per surface. Subgrade construction shall be done after all underlying drains and other surface structures have been placed and their trenches properly backfilled and consolidated. The subgrade shall not be prepared during freezing weather or when it is unsuitable because of excessive moisture. The subgrade shall be formed to the required lines, grades and cross sections. The subgrade shall be shaped and consolidated by rolling with a three-wheel power roller, weighing not less than three hundred (300) pounds per linear inch of tread of the rear wheels, until it presents a firm and unyielding surface. Unstable places shall be excavated and refilled with suitable material and consolidated. The finished subgrade shall be at the proper grade and contour, firm and smooth and properly drained, and shall be so maintained until the pavement or pavement foundation is placed thereon. Pavement mixtures shall not be deposited upon the subgrade until it is in a properly finished condition and not wet or frozen.
(d) 
BSBC; Mix I-2; five (5) inches or six (6) inches thick. The bituminous stabilized base course, Mix I-2, shall be prepared in accordance with Mix I-2 of Section 304 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, dated 1983 or latest revision. Under this item, the contractor shall place the base course in the areas as directed by the Director or as shown on the plans to a minimum compacted thickness as required in one (1) pass. The contractor shall place the bituminous stabilized base course to achieve the proper grade and crown for the placement of the top course.
(e) 
Tack coat, Where specified on a schedule of work, the contractor shall apply a tack coat of Type RC-70 asphalt to the existing bituminous concrete surface and on the exposed faces of the existing pavement. Tack coat shall be applied at the rate of ten-hundredths (0.10) gallon per square yard and meet the requirements of Section 404 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, dated 1983 or latest revision.
(f) 
Two-inch FABC-1, Mix I-5 (local road). This FABC-1, Mix I-5 course shall be prepared in accordance with Mix I-5, Table 3, Addenda A, of the state specifications or latest revision, and shall be mixed and applied in accordance with Division 3, Section 10, of the state specifications and applied where shown on the plans. The FABC shall have a density of not less than one hundred (100) pounds per square yard per inch thick and shall be placed to provide a two (2) inch minimum compacted thickness or as specified otherwise by the Director of Code Enforcement.
[Amended 9-13-2000 by Ord. No. 1059-2000]
(g) 
All roads that have been paved shall have a "5 Year Embargo" after the date of paving. No road opening permits shall/will be issued for openings, cuts or excavations for a 5-year period, unless an emergency or hardship exists which makes it absolutely essential that a road opening permit be issued. Should a road opening permit be necessary within the 5-year period then the roadway for the length of the road opening shall receive a full road width pavement restoration.
[Added 2-14-2018 by Ord. No. 1874-2018]
(h) 
All restriping of the roads shall be Thermoplastic striping. All crosswalks restriped shall be for the full width of the road.
[Added 2-14-2018 by Ord. No. 1874-2018]
(i) 
No material may be stored within the roadway overnight.
[Added 2-14-2018 by Ord. No. 1874-2018]
(j) 
Filter fabric covers must be installed over storm inlets on the street where construction work will be performed. Upon completion of the construction work the filter fabric covers shall be removed.
[Added 2-14-2018 by Ord. No. 1874-2018]
(k) 
Any utility services or sewer lines damaged during construction work associated with the road opening permits shall be repaired immediately by the contractor doing the work and at no cost to the property owner or the City.
[Added 2-14-2018 by Ord. No. 1874-2018]
(l) 
At the end of each day the roadway, where the road opening construction work is being performed, shall be swept by an automated street sweeper.
[Added 2-14-2018 by Ord. No. 1874-2018]
(2) 
Excavated material disposal. All construction rubble (asphalt, concrete, etc.), including any materials used or excavated, shall be removed from the street opening site to a place outside the city. The route of delivery or removal for trucks shall be specified by the Director of Code Enforcement. The contractor shall keep the streets along the designated route clean and free of droppings and excavation material.
[Amended 9-13-2000 by Ord. No. 1059-2000]
(3) 
All construction within the public right-of-way, as defined by the City of Perth Amboy, shall be performed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, dated 1983 or latest revision, or as contained within this Article.
C. 
Notices; restoration.
[Amended 9-13-2000 by Ord. No. 1059-2000]
(1) 
Time for completion and notice. The applicant shall notify the Director of Code Enforcement immediately upon beginning the opening of any street within twenty-four (24) hours after completion. The excavation and the work shall be completed with reasonable haste. Trenches shall not be kept open when work is not in progress. If work is stopped for more than twenty-four (24) hours, the trench shall be temporarily backfilled. Upon completion, the Director of Code Enforcement or the Director's representative shall inspect the site. If found satisfactory, the restoration fee shall be returned after one (1) year.
(2) 
Restoration by city. In the event that the backfill, temporary patching or final repairs are not performed within a reasonable time after a street opening or in the event that the Director of Code Enforcement or the Director's representative does not approve the restoration thereof, the applicant shall be so notified, in writing, and shall be given a reasonable time to correct any deficiencies. Upon failure to correct said deficiencies, the Director of Code Enforcement or the Director's representative shall report and cause the repair to be made, and the restoration fee shall be applied to the cost of said restoration. Certification of the costs of said repair shall be made by the Director of Code Enforcement to the applicant. If said restoration fee is insufficient, the applicant shall be liable for any additional costs incurred by the city.
(3) 
At a minimum of two (2) weeks prior to any construction work associated with the road opening permit commencing, written notices in English and Spanish shall be delivered to the property owners on the streets where the road opening construction will occur. Copies of the notices shall also be delivered to the Director of Code enforcement, City Engineer, City Clerk's Office and the City Public Relations Office.
[Added 2-14-2018 by Ord. No. 1874-2018]
A. 
It shall be the responsibility of the person opening any street obstructing the normal flow of traffic to fully protect both vehicular and pedestrian traffic from accidents or injury by placing suitable barriers, crosswalks, notices, warnings and/or caution signs by day and flashing lights at night or any other necessary steps to protect the public's safety in accordance with the provisions of Title 39 of the Revised Statutes of New Jersey. The permittee shall notify all utilities franchised in the work operation area seventy-two (72) hours prior to commencing excavation and shall provide proof of notice to the Director of Code Enforcement.
[Amended 9-13-2000 by Ord. No. 1059-2000]
B. 
All barriers and channelizing devices employed by any person pursuant to this section shall comply with and shall be limited to those devices as set forth in the manual on Uniform Traffic Control Devices, latest revision, as published by the United States Department of Transportation, Federal Highway Administration.
C. 
The contractor safety regulations as applicable in this section of this Article shall be in conformance with the Department of Code Enforcement Contractor Safety Regulations, Form A-1, which is on file with the Director of Code Enforcement.
[Amended 9-13-2000 by Ord. No. 1059-2000]
[Added 9-14-2005 by Ord. No. 1303-2005]
Notwithstanding the application for or receipt or approval of any other governmental entity, an application to the Perth Amboy Planning Board and/or the Perth Amboy Board of Adjustment which will require a street opening permit shall be required to comply with this Article.