As used in this ordinance, the following words shall have the
following meanings:
APPLICANT
Owner, contractor, developer, public or private entity, agency
or utility to whom permit is issued.
APPLICATION FEE
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.
CONTRACTOR
Any individual, firm, agency, public or private entity, agency
or utility performing the work for which the permit is issued.
EMERGENCY
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.
ENGINEER
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.
ESCROW
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.
IMPROVED ROAD, CLASS A
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.
IMPROVED ROAD, CLASS B
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.
IMPROVED ROAD, CLASS C
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.
PUBLIC RIGHT-OF-WAY
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.
STREET
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.
UNIMPROVED ROAD
Any cinder, dirt or gravel road without oil treatment and
all other roads under the jurisdiction of the Borough.
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.
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.
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:
A. Any person laying any pavement or sewer or doing any other work in
accordance with a contract entered into between that person and the
Borough.
B. Work performed by employees of the Borough.
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.