[Adopted during codification; amended 11-10-1997 by Ord. No. 1997-11; 12-11-2000 by Ord. No. 2000-16. Amended in its entirety 11-26-2001 by Ord. No. 2001-15; amended in its entirety 4-25-2011 by Ord. No. 2011-3[1]]
[Amended 3-12-2012 by Ord. No. 2012-12]
A.
No person or entity shall hereafter open, dig up, excavate or disturb
the surface or any part of the public streets or highways of the Borough
of Neptune City without having obtained a street opening permit as
hereinafter provided.
B.
For the purpose of this Article, unless otherwise provided, "public
street or highway" shall be defined as including all roads, sidewalks,
alleys or any other passages designed for the passage of motor vehicles
and pedestrians, owned by the Borough of Neptune City.
C.
For the purposes of this Article, "Street Superintendent" shall be
defined as Director of Public Works or in the absence of the Director
of Public Works, the Superintendent of Public Works, Borough Clerk
or Borough Engineer.
All applications for a permit shall be made on a form provided
by the borough. The Borough Clerk shall receive the applications and
distribute same to the Street Superintendent, Police Chief and Borough
Engineer. The application shall contain the name and address of the
person or entity making the application and signed by the applicant
or a duly authorized agent and shall set forth the location and the
size of the work, the character of the work, construction schedule,
detailed and scaled drawings of the proposed work, description of
any special conditions and such additional information which may be
required by the Borough Clerk.
A nonrefundable fee of $250 for any opening under 10 square
feet, plus an additional $250 for any opening larger than 10 square
feet shall be filed for each opening with each application for a permit.
In addition to any permit application fee required, applicants
shall furnish a surety bond, in form and with surety acceptable to
the Borough Attorney, or cash or certified check made payable to the
borough in the amount of $1,000 for a term of one year to guarantee
the cost of restoring or repairing the work area. Permanent restoration
shall be made within three months after the completion of the work
and be subject to the approval of the Street Superintendent.
In addition to permit application fees and surety bond requirements,
applicants shall furnish to the Borough Clerk, a certificate of insurance
for bodily injury and property damage, in the amounts required by
the Borough Clerk, for the purpose of indemnifying the borough for
any personal injuries or property damage that may occur during the
progress of work.
Tunneling or boring may be permitted in certain circumstances,
subject to the prior written approval of the Borough Clerk. Applicants
shall file a performance bond in an amount and term required by the
borough, and in accordance with specifications established by the
borough from time to time.
All persons or entities granted a permit to make an opening
or excavation in the public streets and highways of the Borough shall
keep the area where the work is performed open to traffic at all times,
shall barricade every excavation on all sides, shall post warning
signs during the day and 1/2 hour before sunset and 1/2 hour after
sunrise and shall place lights around such excavation. Provisions
for the protection of pedestrians and vehicles shall be in such manner
as shall be satisfactory to the Borough Police Department pursuant
to the Uniform Traffic Control Devices Manual. No roadways shall be
closed unless prior written approval of the Borough Police Department
and Borough Clerk have been secured and detour signs have been placed
pursuant to the Uniform Traffic Control Devices Manual.
Any entity which is a public utility, subject to regulation
by the Board of Public Utility Commissioners of the State of New Jersey,
or a municipal corporation of the State of New Jersey, may, in lieu
of the provisions of this chapter, post a bond in the amount of $5,000.
Such bond shall be conditioned upon the compliance with the applicable
provisions of this Article in respect to any work which shall be hereafter
performed by such public utility or municipal corporation in the borough,
and the obligation of such bond shall be a continuing obligation to
be applied to the full amount of any and all work performed.
A public utility or municipal corporation, during the period
while such bond is in full force and effect, may in lieu of filing
a certificate of insurance for bodily injury and property damage,
file with the Borough Clerk, a certificate certifying that it is a
self-insurer and exempt from the necessity of obtaining an insurance
policy pursuant to the provisions of the statutes of the State of
New Jersey, and that the borough is completely indemnified thereby.
A nonrefundable fee of $250 for each opening under 10 square
feet plus an additional $250 for each opening over 10 square feet
shall be filed with each application for a permit.
The permittee shall immediately backfill the opening with excavated
material if such material is suitable, in layers not exceeding two
feet in thickness if heavy compacting equipment is used, or in layers
not exceeding one foot in thickness if light compacting equipment
is used. This fill shall be brought to an elevation of six inches
below the permanent surface. If the Street Superintendent determines
that the excavated material is not suitable for backfilling as specified,
then it shall be removed from the site and the opening backfilled
as herein specified with suitable material, then six inches of road
gravel of a grade satisfactory to the Street Superintendent, shall
be applied and thoroughly compacted. This temporary restoration shall
be checked for settling and all holes shall be filled evenly with
the surface of the adjoining pavement.
Once the excavation work area has been properly saw cut, and
the backfill tamped and compacted, the permittee shall install no
less than six inches of bituminous stabilized base course, Mix 1-2,
as set forth in the NJDOT Standard Specifications for Roads and Bridges,
to the trench surface. If the distance from the edge of the excavation
work area to the existing curb is less than two feet, the permittee
shall be required to excavate to the curb and evenly install six inches
of bituminous stabilized base course in the entire area.
The partially restored pavement shall be allowed to settle for
no less than 90 and no more than 180 days. If at any time during the
settlement period, the trench becomes unacceptable as determined by
the Street Superintendent, the permittee shall be notified of the
condition requiring repair, and such repair shall be performed within
24 hours of such notification by the Street Superintendent. If the
repair is not made in the time specified, the borough may make the
repair and any cost thereof will be charged against the permittee's
surety.
At the end of the period of time of settlement required by the
Street Superintendent, the permittee shall be required to mill the
excavation work area surface to a width equal to one foot wider on
each side of the initial repair and install no less than two inches
of bituminous concrete surface course, Mix I-5 as set forth in the
NJDOT Standard Specifications for Roads and Bridges. The permittee
shall also be required to provide a tack coat on all existing bituminous
and concrete surfaces and hot-poured, rubber asphalt joint sealer,
as set forth in Section 908 of NJDOT Standard Specifications for Roads
and Bridges.
Unless authorized by the Street Superintendent, any excavation
less than 100 square feet shall require milling and restoration of
the excavation work area extending a minimum of one foot beyond the
edge of excavation to the nearest curb. Any excavation equal to or
greater than 100 square feet shall require milling and restoration
of the excavation work area extending from the center line of road
to the curb and extending a minimum of one foot beyond the outer edges
of the excavation. If the excavation work area will be within 200
feet or less of previous excavations occurring within one year of
the subject excavation (by same permittee along the same side of the
road), the permittee shall be required to mill and restore the roadway
between the outermost excavations.
The permittee shall be required to replace any facilities including,
but not limited to, curb, pavement, sidewalk, line stripping, etc.,
that is affected by the excavation and restoration work, at the permittee's
expense. Such work shall be performed according to borough standards.
In case of an emergency, an emergency permit may be issued by
the Borough Clerk or the Police Department of the Borough of Neptune
City, after which an application for a permit, as hereinbefore required,
shall be made to the Borough Clerk within 48 hours after the work
has been commenced.
When the borough, person or entity improves or paves any public
street or highway, the borough shall first give notice to all persons
owning property abutting the street about to be paved or improved,
and to all public utilities and authorities operating in the borough,
and all such persons, utilities and authorities shall make all connections
as well as any repairs thereto which would necessitate excavation
of the street within 60 days of the giving of such notice. The time
shall be extended if permission is requested in writing and approved
by the Borough Clerk.
No street opening permit shall be issued by the Borough Clerk
to any person given notice under this section or their assignees or
successors which would allow an excavation or opening in paved and
improved street surface less than 10 years old unless the applicant
can clearly demonstrate that public health or safety requires that
the proposed work be permitted or unless an emergency condition exists.
Upon application to the Borough Council, a permit may be issued
to open any paved or improved street surface less than 10 years old
provided that a penalty charge shall be made for such opening, except
that the penalty fee shall be waived by the Borough Clerk in the event
the work is of an emergency nature. The penalty charge shall be on
a sliding scale determined as follows:
|
(i)
|
Penalty assessment
|
=
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$1,500.
|
|
(ii)
|
Area of road cut in square feet x $6.
|
=
|
Varies
|
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Total of 1 and 2
|
=
|
Varies
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Penalty factor is 3% of the above total for each unelapsed month or fraction thereof of the ten year 120 months restricted period. The minimum penalty shall be $1,500. Permit fees are payable in addition to the penalty charges set forth herein pursuant to Section 113-3. No portion of the penalty charge shall be refundable and penalty charges do not relieve the permit holder from the required performance bond or the required insurance. The restoration shall be according to Section 113-9.
[Repealed 9-27-2004 by Ord. No. 2004-15]
A.
The fee for the installation or renovation of private sidewalks,
curbs or driveways shall be $35.
