[HISTORY: 1968 Code Chapter 67 §§ 67-1 —
67-32 as amended through 12-28-2015. Amendments noted where applicable; amended in entirety 8-10-2016 by Ord. No. 1243-2016; amended in entirety 11-30-2016 by Ord. No. 1245-2016]
As used in this ordinance, the following words shall have the
following meanings:
Owner, contractor, developer, public or private entity, agency
or utility to whom permit is issued.
The required non-refundable fee paid to the Borough at the
time of application to off-set the administrative costs associated
with the processing of the street opening permit and tracking of escrow
funds.
Borough of Wildwood Crest.
Any individual, firm, agency, public or private entity, agency
or utility performing the work for which the permit is issued.
The unforeseen and unintentional need to open a street surface
for the repair of an existing underground utility for an event which
would immediately endanger the health, safety, and welfare of the
general public or create damage to real property.
The Borough Engineer as the only person authorized by the
Commissioners of the Borough of Wildwood Crest to oversee the work
performed under this ordinance.
The monies deposited by the applicant for a permit to cover
the necessary cost of review and inspections by the Borough Engineer.
Escrow funds remaining at the completion of the project shall be returned
to the applicant.
Any road surfaced with a pavement such as asphalt, concrete,
bituminous concrete, brick or similar pavement, and any road having
a concrete or soil-cement base.
Any road surfaced with stone or slag uniformly deposited
in layers, with a total thickness of not less than four inches and
where the stone or slag has been compacted by the use of a power roller
and bound together by the application of bituminous binder tar or
asphaltic binder.
Any macadam or other road surfaced with a light coat of stone
or oil or any waterbound macadam road without treatment and any gravel
or cinder road with oil treatment.
Any and all surface and subsurface areas including alleys,
legally existing utility poles, easements and walkways as designated
on the official map of the Borough or by deed or easement agreement
for any areas over which the Borough has jurisdiction.
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough of Wildwood
Crest as a public street, as well as any State or County road or highway
over which the Borough has acquired jurisdiction by agreement.
Any cinder, dirt or gravel road without oil treatment and
all other roads under the jurisdiction of the Borough.
A.
No excavation, tunneling, digging, opening or any manner disturbance
or interference with any street, or the installation of new utility
poles or new utility service within the Borough for any purpose whatsoever
without first obtaining and being in possession of a valid permit.
B.
The replacement of legally existing utility poles in the same location
with a pole of similar class and height shall not require a permit.
All remnants of the old, or existing pole shall be removed and the
area surrounding the pole returned to its preconstruction condition,
replacing the same type and quality of material. Any deviations shall
require a permit application and approval of the Borough engineer.
C.
All work within the public right-of-way must be performed by a utility
fully recognized and regulated by the New Jersey Board of Public Utilities
or through a negotiated franchise agreement or a negotiated right
of way use agreement with the Borough of Wildwood Crest.
A.
An application for a permit pursuant to Section 67-2 shall be made to the Borough Construction Office on the form prescribed.
B.
Applications for residential service shall include a check for the permit application fee and a separate check for the initial escrow account amount as described in Section 67-4 of this chapter. The application shall be deemed incomplete without the necessary application fee check and initial escrow account check.
C.
All other applications shall submit escrow amounts as determined
by the Borough Engineer. No permit shall be issued prior to the submission
of the appropriate escrow monies.
D.
The Borough Engineer shall review all completed applications for
permits within five business days of Engineer's receipt of same.
A.
An application fee of $100 shall be paid for each new residential
service connection. An escrow deposit in the amount of $1,000 shall
be required for each new residential service connection.
B.
An Application fee of $250 shall be paid for all other applications.
Required escrow deposit as determined by the Borough Engineer shall
be remitted prior to the issuance of the required permit.
C.
Additional inspections required by the Engineer for any stage of
work due to poor workmanship, unforeseen conditions, poor quality
of material, and/or noncompliance with the code may result in additional
escrow fee deposits by the permittee to replenish the escrow account
to cover the costs of the additional said inspections.
D.
All utility companies, including companies with existing franchise
agreements with public utilities, shall be permitted to post one general
escrow account in an amount to be determined by the Engineer (engineer)
based upon the application(s) submitted and the scope of work to be
performed and/or an amount estimated and projected to be completed
within one calendar year. The general escrow account which shall be
maintained by the Chief Financial Officer shall have a minimum balance
maintained at all times, which balance shall not be less than 25%
of the initial escrow amount required to be posted. Any escrow fund
balances requiring replenishment shall be calculated by the Engineer.
Invoices to be paid from the general escrow account must have a filed
application for each street opening prior to payment being issued
by the Chief Financial Officer of the Borough of Wildwood Crest.
E.
Notwithstanding the foregoing, by resolution of the Board of Commissioners,
permit fees, or a portion thereof, may be waived as to any utility
company proposing to complete improvements to pipes, conduits, ducts
or other facilities and infrastructure used for the purpose of supplying
gas, electricity, communications, water, sewer or steam to or from
the Borough and its inhabitants under the surface of any street that,
within 12 months, is scheduled for complete reconstruction by the
Borough. However, a waiver of permit fees under this subsection if
granted, shall not exempt the utility company from complying with
the other provisions of this ordinance.
F.
The City of Wildwood Water Utility shall be exempt from payment of
necessary permit fees as same applies to the delivery and maintenance
of the water distribution system provided to the Borough of Wildwood
Crest by the City of Wildwood Water Utility.
A.
Prior to any street within the Borough being reconstructed, improved,
repaved, or overlaid in accordance with a scheduled project approved
by the Borough Commission, the Borough Clerk shall distribute notice
to all property owners abutting the street, including if said property
is located in an adjacent municipality, and to all public utilities
and authorities operating in the Borough that the street is scheduled
for improvement and indicating that a five-year moratorium will be
in effect thereafter. Said notice shall declare that all connections
and repairs to existing utilities in the street and all extensions,
replacements or other such work, including the installation of service
laterals and other utility connections from sewer, gas or water mains,
electric and/or communications lines to the curb line of any lot,
including unimproved lots, which requires excavation and disturbance
of the street shall be completed within 30 days of receipt of notice.
The time for the completion of the work may be extended by the Engineer,
upon application by the person performing the work. This section shall
not excuse any person, firm or entity from the requirement to obtain
a permit as provided herein, except that there will be no requirement
of paying a fee for final restoration.
B.
No permit shall be issued for any street opening or excavation which
would disturb the asphalt pavement of any road having been constructed,
reconstructed, resurfaced, repaved or overlaid until a period of five
years after the completion of said construction, reconstruction, resurfacing,
repaving or overlay, except in the event of an emergency or hardship
as described below. It is understood the five year period as described
herein shall be calculated from December 31st of the year in which
said road was constructed, reconstructed, resurfaced, repaved or overlaid
and run five years thereafter.
A.
In the event a property owner experiences a hardship condition which
requires a street opening permit to be issued contrary to the subsections
contained in this ordinance, the Borough of Wildwood Crest may grant
relief if and only if the following conditions are satisfied: (1)
The property owner shall submit a letter to the Borough Clerk detailing
the hardship and the necessity to open the street in lieu of waiting
the prescribed period of time. (2) The letter detailing the hardship
shall include all pertinent information necessary to review the request,
such as property street address, block and lot, reason for hardship,
and type and size of street opening. (3) Approval or denial of the
request shall be through formal adoption of a resolution by the Borough
Commission.
B.
An additional fee of $1,000 will be assessed for all street openings
and/or excavations located within the asphalt pavement on any street
within the five-year moratorium.
A.
In emergency situations during normal business hours, the applicant
shall notify the Engineer, the Police Department, and the Construction
Office of the Borough of Wildwood Crest of the emergency prior to
the opening of the street. After the required emergency opening notification,
the openings may be made without a previously issued permit in the
case of emergencies which would immediately endanger the health, safety,
and welfare of the general public or create damage to real property.
Application must be made as soon as possible with the payment of required
fee. On the next business day the applicant shall make application
for the emergency street opening, explaining the reason for the emergency,
and pay the appropriate fees.
B.
In the event that an entity shall be required to open a street as
a result of an emergency, said emergency opening shall be reviewed
by the Engineer and if the Engineer shall determine that no such emergency
existed, then the entity so opening the street shall have a penalty
imposed upon such entity in the amount of $2,500 for the first nonemergency
opening, a $5,000 fine for a second nonemergency opening, and a $10,000
fine for a third nonemergency opening.
C.
The applicant shall comply with all requirements for the Underground
Facility Protection Act including the proper notification to the One-Call
Damage Prevention System for underground utility markouts.
A.
A full width restoration will be required on all streets constructed,
reconstructed, resurfaced, repaved or overlaid by the Borough within
the previous five years of an opening necessitated by emergency or
hardship. The restoration shall consist of six-inch thick dense graded
aggregate base course and a six-inch thick bituminous stabilized base
course, Mix I-2 or equivalent as determined by the Engineer, brought
flush with existing grade, within the excavated area. A full width,
curb to curb, milling two inches in depth to extend 50 feet beyond
the limit of excavations shall be performed after proper settlement
in the trench area. The allowable time for trench settlement shall
be 45 days unless directed otherwise by the Engineer. The final surface
course shall be a two-inch thick bituminous concrete surface course,
Mix I-5 or equivalent as determined by the Engineer.
B.
Trench restoration may be permitted under extraordinary circumstances
and at the sole discretion of the Engineer, for openings having minimum
impact on the integrity, longevity and serviceability of the street
in question.
Permits shall be issued under the authority of the Engineer
through the Construction Office of the Borough of Wildwood Crest and
in accordance with the provisions of this section and upon receipt
of a complete application including payment of all fees. The Engineer
shall specify that the permit is valid for a thirty-day period from
the date of issuance. The Engineer shall further specify on the permit
that all work shall be completed and restored within 48 hours after
work is commenced or within duration of time which the Engineer determines
to be reasonable and fair. The applicant shall notify the Engineer
48 hours in advance of commencing any work so that appropriate inspection
can be scheduled and completed where required. No work may be completed
until a Borough permit approved by the Engineer and issued by the
Construction Official is on file. In addition, the applicant's
work date must be approved by the Engineer.
Within the time period allotted the permit holder shall replace
the earth and pavement in the excavation in such manner that the same
shall be left in as good as a condition as it was prior to the excavation
commenced. In general, the excavation, refilling and restoration of
any street shall be in accordance with the New Jersey Department of
Transportation, Standard 5 Specifications for Road and Bridge Construction,
as amended, hereinafter called NJDOT Standard Specifications, except
as further modified herein:
A.
Trenches shall be backfilled in layers not to exceed six inches and
a vibratory tamper must be used; 95% compaction is required. Puddling
of backfill is not permissible. The applicant shall provide additional
material, approved by the Engineer, as necessary should there be a
deficiency. The Engineer shall be present during backfilling.
B.
Roadways with a concrete base or soil-cement base course shall be
restored using a combination of concrete and asphalt approved and
determined by the Engineer. After backfilling in accordance with the
requirements of this ordinance and immediately before repaving, the
applicant shall remove the pavement and base course for a distance
of one foot all around the neat area of the excavation and shall replace
the base course and wearing surface with Class B concrete and bituminous
pavement, type I-5 or equivalent as approved by the Engineer, respectively.
In addition, any excavation located within 10 feet of another excavation,
after one over cut, performed by the applicant or for the property
benefitting by the excavation shall be overcut to provide a single
contiguous excavation.
C.
Bituminous concrete street restoration specifications.
(1)
Gravel Base Course - Dense Graded Aggregate. Gravel shall consist
of compact soil aggregate, type I-5 and shall be installed six inches
thick. Recycled concrete product may be substituted for the soil aggregate
base course, contingent upon it meeting the NJDOT requirements for
I-5 materials. The Engineer may, at his sole discretion, submit samples
of the soil aggregate for gradation analysis, at the sole cost of
the applicant. After backfilling in accordance with the requirements
of this ordinance and immediately before temporary restoration, the
applicant shall over cut the excavation for a distance of one foot
all around the neat area of excavation and shall perform the temporary
restoration as defined below. In addition, any excavation located
within 10 feet of another excavation, after one-foot over cut, performed
by the applicant or for the property benefitting by the excavation
shall be overcut to provide a single contiguous excavation.
(2)
Temporary Restoration (i) 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. Two
three inch lifts of stabilized base course, Mix I-2 or equivalent
as approved by the Engineer, shall then be installed to grade, (ii)
The 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 Engineer shall determine when the
work is acceptable for final restoration. The permittee shall be responsible
for all necessary maintenance until such time as the final restoration
is completed.
(3)
Final Restoration, (i) All surface restoration shall be accomplished
by a competent, qualified, properly licensed and registered contractor
with at least five years of experience in roadway and pavement construction.
(ii) The trenches shall be milled and neat saw cut to a depth of two
inches 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 or equivalent as approved by the Engineer,
being installed to a level even with the existing road grade. All
surface joints around the perimeter of the resurfaced trench shall
be hot sealed, three inch minimum width, with a NJDOT approved roadway
joint sealant.
(4)
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 Engineer.
D.
If more than two individual excavations would be required within
a 100-foot length, the Engineer may require the contractor to complete
the improvements with a single trench rather than individual excavations.
If more than one excavation or trench would occur within a 100-foot
length, the applicant will be required to mill the existing roadway
to a depth of two inches extended 20 feet beyond the extreme limits
of trenches and install a two-inch thick lift of bituminous concrete
surface course, Mix I-5 or equivalent as approved by the Engineer,
for the entire length.
E.
Final restoration will require a minimum of one-half width of cartway.
Any trenches or excavations extending beyond the centerline of the
cartway will require final restoration of the entire cartway from
curb line to curb line. The trench shall be milled to a depth of two
inches to a distance of at least one-foot beyond the actual trench
limit from the centerline of the cartway to the curb line or from
curb line to curb line. All edges shall be coated with an asphaltic
tack coat prior to a two inch lift of bituminous concrete surface
course, Mix I-5 or equivalent as approved by the Engineer, being placed
level with the existing road grade. All surface joints around the
perimeter of the resurfaced roadway shall be hot sealed, three inch
minimum width, with a NJDOT approved roadway joint sealant.
F.
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 Borough 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 12 months from the time the surface thereof is restored.
G.
The applicant shall be responsible for the restoration of any and
all traffic markings disturbed during the course of completion of
the work. Traffic markings shall be restored with long-life thermoplastic
materials, unless approved otherwise by the Engineer. The Engineer
may waive this provision at their sole discretion.
H.
The Borough shall not be responsible for financial restitution or
payment of any costs or fees except if same are incurred for properly
authorized Borough construction.
All permits issued under this section shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the applicant from taking
any other reasonably necessary precaution for the protection of persons
or property.
B.
All work shall be completed 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
and Chief of Police/Officer in Charge. Notice shall be provided of
all street closings at least 48 hours in advance to the Engineer,
Construction Official and Police Department.
C.
The Engineer may, upon application by the applicant, extend the time
limit during which the permit shall be valid.
D.
No work shall be completed in such a manner as to interfere with
any water main or sewer main, 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 Borough unless this is necessary for
completion of the work and permission has been obtained in advance
from the Borough department or agency having jurisdiction over such
property.
E.
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 such depth and
width as will give suitable room for bracing and supporting, pumping
and draining at the applicant's discretion. The maximum trench
width at the top of the pipe shall be two feet plus the outside diameter
of the pipe. The applicant 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.
F.
No trench may be backfilled until such time as the Engineer or his
designee has been provided the proper notification and the Engineer
or the authorized designee is on-site for witnessing the backfill
and compaction operations.
G.
All excavations shall be completely backfilled by the applicant.
As much as possible of the material excavated shall be replaced. Such
material shall be compacted by tamping or other suitable means in
a manner prescribed by the Engineer. Where the Engineer determines
that the excavated material is unsuitable for backfill, the applicant
shall backfill the excavation with sand, soft coal, cinders, or other
suitable material which shall be placed in layers not exceeding six
inches in depth and thoroughly compacted in a manner prescribed by
the Engineer. Upon completion of the work the applicant shall remove
any excess material and leave the premises in a clean condition. If
the Engineer determines that any backfilled excavation has settled
or caved in, he shall so notify the applicant who shall promptly continue
backfilling until the Engineer determines that settlement is complete.
H.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to six parts sand.
I.
Blasting is not permitted within the Borough.
J.
The applicant shall be responsible for obtaining any and all construction
permits as may be necessary by the Construction Office or any local,
State or Federal agency that may have jurisdiction.
K.
If the work is not completed within the time specified in the permit
or any extension granted by the Engineer, or is not performed in accordance
with the regulations set forth in this section and any other regulations
that may be established by the Engineer, then the Engineer may complete
the work himself and restore the surface of the street or have the
same completed by his agent. The cost of completing the work and restoring
the street shall be charged to the applicant and may be recovered
by an action in any court of competent jurisdiction.
L.
Between May 15 and September 30 work is restricted to Tuesday through
Thursday. No scheduled work will be permitted between Friday and Monday
during this time period, unless approved by the Engineer and the Commissioner
of Public Safety.
A.
Location of existing utilities. Prior to any excavation, the applicant
or his representative, hereinafter called contractor shall bear the
responsibility of locating and marking, either by paint on the pavement
or placement of stakes in the ground, the location of all water services,
gas services, gas mains, water mains, sewer mains, sewer laterals,
telephone and electric raceways or conduits and drains within the
area to be excavated. The applicant is required by law to request
and obtain a utility markout by calling 811 prior to digging/excavating.
B.
Depth of utility. In general, the depth at which the utility is installed
shall be in accordance with the requirements of the applicable utility
company or code, but in no case shall it be less than 18 inches below
the finished surface of the roadway.
C.
Length of trench to be opened. (1) No more trench shall be excavated
than can be properly backfilled within the same day. In addition,
if the trench area is going to be open to traffic, the trench shall
be paved by using the methodology hereinabove specified for street
restoration and as specified in the NJDOT Standard Specifications,
by using a temporary riding surface such as cold patch, securely anchored
or pinned steel plates, or by some combination of the above. (2) The
length of trench to be opened or the area of the surface to be disturbed
or unrestored at any one time shall be limited by the Engineer with
regard to expeditious construction and to the convenience and comfort
of the persons residing in the neighborhood or frequenting the streets
in question. New trenching will not be permitted when earlier trenches
need backfilling or labor is needed to restore the surface of the
streets to a safe and proper condition.
D.
Acceptance of utility company. Prior to final restoration of the
roadway, the applicable utility company shall certify that the installation
has been completed in accordance with their requirements, including
but not limited to flood proofing, joint sealing and corrosion protection,
where applicable. A copy of this acceptance is to be provided to the
Borough Engineer.
E.
Care of existing structures. Care shall be taken not to move, without
the consent of the Engineer, any sewers, drains, culverts, poles,
water or gas pipes, etc., or structures near them that may be encountered
during the construction. They shall be securely hung, braced and supported
in place by the contractor at his own expense. All utility poles adjacent
to the excavation shall be protected and braced during construction.
Whenever it is necessary to interfere with the structures, the contractor
shall maintain services at his own expense and repair all damages.
The contractor shall leave them in as good condition as he found them.
F.
Dewatering. The contractor shall furnish sufficient pumping equipment
and provide at his own expense satisfactory drainage whenever needed
in the trench and other excavation during the progress of the work.
All water pumped and bailed from the trench or other excavation shall
be conveyed in a proper manner to a suitable point of discharge. The
flow in all sewers, drains and watercourses encountered on the work,
in gutters along the side of or across the work, shall be entirely
provided, both temporarily and permanently, as required, by the contractor
and at his expense.
G.
At all times the contractor shall use silenced pumps for his dewatering,
bypass pumping, etc., except as approved otherwise by the Engineer
for use during the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. During all other hours, on weekends and holidays the contractor
must use silenced pumps or shut said pumps off by 5:00 p.m. and restart
them no earlier than 8:00 a.m. the following working day.
H.
All attempts shall be made to maintain a safe ingress and egress
route, which is passable by vehicular traffic, for residential and
commercial driveways, including the use of temporary ramping with
DGA or asphalt as needed.
A.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 30
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extension of time has been granted by the Engineer in writing.
C.
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 Borough.
D.
Revocation of permit. (1) The Engineer or Commissioner of Public
Safety or designee may revoke a permit for any of the following reasons:
a. Violation of any provision of this section or any other applicable
law or ordinance. b. Violation of any condition of the permit issued,
c. 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. (2) No permit shall be revoked until the applicant has
been afforded notice and an opportunity to be heard. 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 that event, the applicant 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 applicant corrects the conditions which led the Engineer to
move to revoke the permit.
E.
Modification of permit conditions. In a special case, the Board of
Commissioners may, by resolution, impose special conditions to which
the issuance of the permit may be subject or may decide that any provision
of this section shall not apply or shall be altered.
The Commissioner of Public Safety or designee may make any rules
and regulations which he considers necessary for the administration
and enforcement of this chapter, but no regulation shall be inconsistent
with, alter or amend any provision of this chapter, or impose any
requirement which is in addition to those expressly or by implication
imposed by this chapter. No regulations shall be effective unless
they shall be approved by resolution of the Board of Commissioners
or by amendment to this ordinance if required. Copies of all current
regulations shall be furnished to each applicant at the time of the
issuance of the permit.
Except in the case of an emergency, the applicant shall be required
to notify the Engineer at least 48 hours prior to opening any street.
The purpose of such notification is to enable the Engineer to inspect
or have the site inspected by his designee. Inspections will be required
prior to any backfilling, temporary surface restoration and final
surface restoration. No performance guarantees will be returned until
such time as the Engineer has satisfied himself that the applicant
has complied with all requirements of this chapter relative to opening,
backfilling and restoration of the street surface.
Prior to issuing any permit for any work in a public street
or public right-of-way, certain performance and maintenance sureties
are to be posted with the Borough Clerk.
A.
Performance surety. (1) The performance surety shall be in the form
of either a corporate guaranty bond or a surety bond issued by a company
authorized to do business in the State of New Jersey, in a form satisfactory
to the Borough Solicitor and Chief Financial Officer and in the penal
sum of 100% of the full amount of the total estimated construction
costs. A certified check drawn in favor of the Borough of Wildwood
Crest for the same amount (100% of the total estimated construction
costs) may be substituted for the performance surety. The estimated
construction 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 Engineer. A minimum amount of $4,900 shall be
posted for any permit. (2) In lieu of the above mentioned performance
surety, applicants may post an annual performance surety for $50,000
or for an increased amount determined by the Engineer. The form of
surety shall be approved by the Borough Solicitor.
B.
Maintenance surety. (1) In addition to the posting of a performance
surety, and as a condition to the release of same, the Borough 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 Borough Solicitor and in the penal sum of 15% of the performance
surety, or $2,500, whichever is greater. A certified check, drawn
in favor of the Borough, for the same percentage (15% of the performance
surety, or $2,500), whichever is greater) may be substituted for the
maintenance surety. The maintenance period shall be for one year from
the date of final acceptance by the Engineer as provided to the permittee
in writing. (2) Applicants posting and continually maintaining a performance
surety in accordance with this section will not be required to post
a separate maintenance surety.
C.
The applicant shall be responsible for all maintenance and repairs
required at the site for a period of one year following completion
of construction. The purpose of posting the sureties above is to guarantee
to the Borough that any construction, excavation or road opening will
be performed and completed in an acceptable fashion consistent with
the provisions of this section. In the event that the Engineer determines
that the excavation, construction or restoration and refilling has
not been performed consistent with the requirements of this section,
he shall be entitled, after reasonable notice to the applicant, to
correct such deficiencies, to take the performance and/or maintenance
sureties or cash posted by the applicant and utilize them to correct
any deficiencies, and have the area restored to its proper condition.
The applicant shall fill in and resurface any excavated section
and shall maintain the same in a condition similar to the surrounding
surface area for a minimum period of one year. During this one year
period the performance/maintenance surety shall remain in full force
and effect. Upon certification of the Engineer, by inspection made
thereof, to the Borough Commission, the surety shall be cancelled
by motion of the Borough Commission. If such inspection does not show
the surface to have been substantially returned and maintained in
its original condition and level, the Borough shall use the surety
proceeds on notice of intent to do so by 10 days registered mail or
direct service notice from the Engineer. The Borough may use the same
for the proper leveling and surfacing of the section, returning any
balance of the deposit or charging the applicant for any excess required
to place the section in proper condition. If, during the ten-day period,
the applicant corrects the condition and notifies the Engineer, in
writing, then the notice shall be conditioned as a new application
subject to re-inspection and maintenance for one year from date of
correction notice.
A.
Insurance. 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 general liability, including
products and completed operations liability insurance in the amount
of at least $1,000,000 combined single limit/three $3,000,000 aggregate,
per occurrence. A certificate of insurance that confirms the aforementioned
coverage shall be submitted to the Engineer whenever a performance
surety is posted. The insurance shall be maintained by the applicant
during the period of the permitted work, including restoration, and
shall name the Borough of Wildwood Crest, its officers, employees
and agents, and the Borough's Engineering firm, as an additional
insured, and must include completed operations coverage.
B.
Responsibility and liability of the Borough. The Borough 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 Borough, its agents, servants, and
employees, from any damage or liability sustained by any person or
property arising out of the activities of the applicant or its agents,
servants, and employees in conjunction with the work authorized by
said street opening permit. Nor shall the Borough 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. Furthermore,
by accepting this permit the applicant agrees, in the event that a
claim is made against the Borough, its agents, servants, or employees
arising out of the applicant's construction activities, to provide
the Borough with a legal defense and to pay any and all attorney's
fees or costs incurred by the Borough in connection with any claims,
suit or litigation.
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 fire hydrants
or plugs. 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, or as
required by the Engineer and/or the Chief of Police/Officer in Charge.
The provisions of 67-1 through 67-18 hereof shall not apply
to the following:
Any person, firm, corporation, or utility violating any of the provisions of this ordinance shall, upon conviction thereof before the Municipal Court Judge of the Borough of Wildwood Crest, be subject to a fine not exceeding $2,000 or to imprisonment in the County jail for a period not exceeding 90 days, or both. Penalties for violating the emergency street excavation and street opening provisions are contained above in Section 67-7. Moreover, any person, firm or corporation violating any of the provisions of this section shall not obtain a permit under this section for a three-year period.
Every person owning, using or controlling pipes, conduits, ducts
or other facilities under the surface of any street or within the
public right-of-way of the Borough, which facilities are used for
the purpose of supplying gas, electricity, communications, water,
sewer or steam to or from the Borough, or its inhabitants, or for
any other purpose, shall file with the Engineer accurate information
showing location, size and description of all installations.
On or before January 31 of each year, all persons subject to the preceding Section 67-23 shall file with the Engineer 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 Engineer 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. Failure to provide the aforementioned updates each year may result in the Borough refusing to issue any street opening permits to the entity until such time the required mapped updates are filed with the Engineer.
Should any section, paragraph, sentence, clause or phrase of
this Ordinance No. 1245-2016 be declared to be illegal, unconstitutional
or invalid for any reason, the remaining portions of this ordinance
shall not be affected thereby and shall remain in full force and effect
and to this end the provisions of this ordinance are hereby declared
to be severable.
All ordinances in conflict or inconsistent with this Ordinance
No. 1245-2016 are hereby repealed to the extent of such conflict or
inconsistency.
This Ordinance No. 1245-2016, adopted November 30, 2016, shall
become effective immediately upon final passage and publication as
provided by law.
