[Adopted 6-7-1973 by Ord. No. 702 (Ch. 68, Art. III, of
the 1970 Borough Code)]
No person, firm, corporation, association or other entity shall
dig in or upon, disturb or excavate the surface, soil or material
of any public street or public place in the Borough of Seaside Park
without first having obtained a permit therefor from the Borough official
hereinafter designated.
It is the intent of this article to require municipal consent
to excavate, dig in or disturb any roadways or streets or other municipally
owned or controlled public place within the Borough of Seaside Park
and to require security or a deposit to insure that the said road,
street, highway or other public place will be placed back in the condition
they were in prior to such excavation, digging or disturbance. It
is the design of the Borough to protect the public safety and welfare
in the use of said street, roadways or places under the police power
of the Borough of Seaside Park by appropriate regulation.
No permit to open or excavate a public street or public place
will be issued except upon written application being made therefor.
The application shall set forth the following information:
A.
The name of the applicant.
B.
The address of the applicant.
C.
The applicant's telephone number.
E.
The name of the person under whose supervision the work will be performed.
F.
The name of the street or streets or public place to be involved
by the opening.
G.
The length, width and depth of the proposed opening or excavation
expressed to the nearest foot.
H.
The purpose of the opening or excavation.
I.
The amount of the fee accompanying the application in accordance
with the provisions of this article.
J.
The signature of or for the applicant.
L.
The amount of cash deposit, if required, that accompanies the application.
[Amended 9-21-1995 by Ord. No. 1191; 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
The Water Superintendent, or, in his absence, the official designated,
is hereby designated as the official to pass upon applications and
issue permits for street openings.
[Amended 9-21-1995 by Ord. No. 1191]
A.
The maximum area to be covered by any one permit issued pursuant to this article is 100 square yards, except in the case of an applicant that has complied with the provisions of § 405-13, in which case the maximum area to be covered by any one permit is 500 square yards.
B.
A permit may be endorsed by the Water Superintendent, or, in his absence, the official designated, to permit the opening or excavation of a larger area than the maximum area herein specified when, in the opinion of such officer, public safety and welfare will not be jeopardized and the flow of traffic will not be unduly impeded. The appropriate fee as specified in § 405-9 shall accompany the application when such endorsement is sought, as well as the deposit specified in § 405-120.
[Amended 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
C.
When, in the opinion of the Water Superintendent, or, in his absence,
the official designated, the extent or nature of the opening or excavation
is such that existing water mains, sewer lines, gas mains or the laterals
of any of these will be or become exposed to any great extent, he
may require, as a condition for the issuance of the permit, continuous
inspection during working hours of the work of the permittee. Such
inspection shall be by the Borough Engineer or his designated deputy
and shall be at the expense of the permittee. When continuous inspection
is to be required, it shall be the obligation of the applicant to
determine from the Borough Engineer the amount of the fees the Borough
Engineer will require for such inspection. The appropriate fee must
be deposited with the Water Superintendent, or, in his absence, the
official designated, prior to the issuance of the permit. The inspector
shall have the power to interrupt any work in progress until all shoring
or repairing has been accomplished.
[Amended 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
[Amended 9-21-1995 by Ord. No. 1191; 11-19-2001 by Ord. No. 1285; 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
At the time the applicant files the written application with
the Water Superintendent, or, in his absence, the official designated,
for the disturbing or excavation of any street or public place, said
applicant shall accompany his, her or its application with the appropriate
application fee, as hereinafter set forth, to defray the cost of the
administration of this article and the cost entailed in making the
necessary inspections.
A.
There is hereby established a fee of $150 to be paid to the Borough
for a street opening permit.
B.
Where the opening or excavation is to be of a larger area than 100
square yards, the further sum of $25 for each additional 100 square
yards or fraction thereof shall be charged.
C.
In the event that contractors are employed by the Borough of Seaside
Park, no fee shall be required for permit to open or excavate a public
street or public place in connection with the performance of a contract
awarded by the Borough.
[Amended 11-19-2001 by Ord. No. 1285]
In the event that a public utility is not opening a street,
then the Borough Engineer shall estimate and the applicant shall supply
the Borough with a performance bond in said estimated amount to ensure
proper restoration of said disturbance.
[Amended 9-21-1995 by Ord. No. 1191]
The permittee shall comply with the following general conditions
with regard to the opening or excavation and the backfilling and resurfacing
of any public street or public place:
A.
The permittee shall keep each opening properly guarded, and at night
have lights placed thereat, and in doing the work interfere as little
as possible with the travel along the road, and open no greater part
of the road at any time than shall be allowed by the Water Superintendent,
or, in his absence, the official designated.
[Amended 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
B.
The opening shall be backfilled immediately and the pavement shall
be restored within five days. Beyond this period, a time extension
must be obtained from the Water Superintendent, or, in his absence,
the official designated.
[Amended 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
C.
The restoration of the opening shall be maintained for 60 days after
completion at the expense of the permittee, and any cash deposit shall
not be returned until at least 60 days have passed from the time of
repair and the road is in acceptable condition. At the time of the
return of the cash deposit, the permittee shall deliver to the Borough
of Seaside Park a maintenance guaranty against defects in workmanship
and materials for one year in the sum equal to the amount of the cash
deposit conditioned for the maintenance of the restoration.
D.
The applicant shall give a twenty-four-hour notice to the Water Superintendent,
or, in his absence, the official designated, or the duly authorized
assistant, prior to making an opening.
[Amended 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
E.
No opening shall be commenced on a Saturday, Sunday or holiday except
in a case of emergency. No permits will be issued for road openings
greater than 100 square feet from Memorial Day through Labor Day without
the approval of the Borough Council. The term "emergency street opening"
as used in this article shall include those openings which must of
necessity be made after office hours of the municipal official who
issues street opening permits, including weekends, and which are necessary
to repair broken or damaged lines, pipes, mains or conduits which,
if not repaired, would constitute a direct threat to the health, safety
and welfare of residents of the community or which would constitute
further harm or damage to a person or property. The foregoing specifically
excludes street openings for original installation or hookup to any
structure, be it residential, commercial or industrial.
[Amended 9-12-2019 by Ord. No. 1913]
F.
On a bituminous surface treated road, the edges of the opening shall
be cut straight through the bituminous surface before the trench is
excavated.
G.
The work shall be so conducted as not to interfere with the water
mains, gas lines, sewer lines or their connections with houses until
permissions of the proper authorities shall have been obtained. All
rock within five feet of a water main or other pipe which shall be
damaged thereby shall be removed without blasting. No excavation which
will damage trees shall be made.
H.
The permittee agrees to completely backfill the excavation and to
replace as great a portion as possible of the material excavated,
compacting it by tamping in layers not exceeding 12 inches thick,
or other similar means, subject to approval of the Water Superintendent,
or, in his absence, the official designated, and to supply additional
material when there is a deficiency.
[Amended 9-12-2019 by Ord. No. 1913]
I.
Upon completion of backfill and placing of road gravel course, the
gravel surface and sides of existing adjacent pavement shall be cleaned
of all loose aggregate and binder and given a prime coat of asphaltic
oil similar to MC-0 or MC-1 at the rate of 0.2 gallon per square yard
minimum at least 12 hours prior to the placing of the bituminous concrete,
which shall not be less than two-and-one-half-inch thick FA-BC-1.
J.
The permittee shall maintain at a site of the opening or excavation
operation a sign at least three feet high and four feet long indicating
the name of the holder of the permit and his, her or its address,
and if some person other than the permittee, his, her or its agents,
servants or employees is conducting the opening or excavation operation,
then the name and address of such other person in addition to the
name and address of the permittee shall appear on the sign This sign
shall remain at the site of the opening or excavation until the opening
or excavation has been backfilled and resurfaced in accordance with
the provisions of this article.
K.
All existing water mains or laterals or sewer lines or laterals that
are exposed in the course of opening or excavation shall, prior to
backfilling and resurfacing, be permanently shored up to prevent breaking,
sagging or leaking. Shoring of a permanent nature shall be installed
so that no part of it shall extend above the pipe that is being supported.
Any break or leak that develops in any pipe that is exposed in the
course of opening or excavating must be reported, prior to any backfilling,
to the utility company or authority that is normally responsible for
the maintenance of such pipe, and repaired prior to any backfilling
or resurfacing.
[Amended 9-21-1995 by Ord. No. 1191; 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
All public streets excavated shall be restored by the permittee
to the satisfaction of the Water Superintendent, or, in his absence,
the official designated. All public streets excavated shall be restored
to as good as or a better condition as existed in the area excavated
prior to excavation, having due regard to the type of surface that
existed prior to excavation.
A.
The permittee shall restore the surface of all streets broken into
or damaged as a result of the excavation work to their original condition
in accordance with the specifications of the Borough Engineer, Water
Superintendent, or, in his absence, the official designated.
B.
The minimum width of pavement repair shall be the maximum trench
width plus two feet. If the width of disturbed pavement exceeds 40%
of the full street width, the applicant shall be required to resurface
the entire street, full width, curb to curb or edge to edge.
C.
The minimum permitted permanent repairs shall be or, in the opinion
of the Borough Engineer or Water Superintendent, or, in his absence,
the official designated, be equivalent to:
(1)
In streets surfaced with cement concrete: replacement with an equivalent
concrete pavement.
(2)
In streets surfaced with bituminous concrete: construction of a hot-mixed
bituminous stabilized base, five inches thick and a hot-mixed bituminous
concrete surface course 1 1/2 inches thick. All pavement edges
shall be cut and neatly matched; no overlaying existing pavements
will be permitted.
(3)
In streets surfaced with bituminous-treated surface: construction
of a hot-mixed bituminous stabilized base three inches thick and a
hot-mixed bituminous concrete surface 1 1/2 inches thick.
(4)
In streets of lesser construction: as approved by the Borough Engineer,
Water Superintendent, or, in his absence, the official designated,
at the time of issuance of the permit.
D.
All pavement edges shall be cut and neatly matched. No overlaying
of existing pavements will be permitted. After a period of not less
than six months, nor more than nine months, the trench area shall
be milled with a straight clean line approximately 12 inches away
from each side of the existing disturbed pavement and any material
within 1 1/2 inches of the proposed surface shall be removed
with any depressions filled prior to the one-and-one-half-inch hot-mixed
bituminous concrete surface course being applied.
E.
If the particular existing street pavements exceed these criteria,
higher types of repairs may be required. All materials and workmanship
shall be in accordance with the New Jersey Department of Transportation.
F.
The permittee may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the permanent replacement
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the paving slab shall be tamped into
place, and this fill shall be topped with a minimum of at least two
inches of bituminous mixture which is suitable to maintain the opening
in good condition until permanent restoration can be made. The crown
of the temporary restoration shall not exceed one inch above the adjoining
pavement. The permittee shall exercise special care in making such
temporary restorations and must maintain such restorations in a safe
traveling condition until such time as permanent restorations are
made.
G.
The asphalt which is used shall be in accordance with the specifications
of the Borough Code. If, in the judgment of the Borough Engineer,
Water Superintendent, or, in his absence, the official designated,
it is not expedient to replace the pavement over any cut or excavation
made in the street upon completion of the work allowed under such
permit, by reason of looseness of the earth or weather conditions,
he or she may direct the permittee to lay a temporary pavement of
steel plate or other suitable material designated by him or her over
such cut or excavation to remain until such time as the repair of
the original pavement may be properly made.
H.
Permanent restoration of the street shall be made by the permittee
in strict accordance with the specifications prescribed by the Borough
Engineer, Water Superintendent, or, in his absence, the official designated
to restore the street to its original and proper condition. Acceptance
or approval of any excavation work by the Borough Engineer, Water
Superintendent, or, in his absence, the official designated shall
not prevent the Borough from asserting a claim against the permittee
and his or its surety bond required hereunder for incomplete or defective
work if discovered within 24 months from the completion of the excavation
work. The Borough Engineer's presence, or any other representative
of the Borough, during the performance of any excavation work shall
not relieve the permittee of his or her responsibilities hereunder.
I.
For trench restoration less than 100 square feet, the Borough may
require the permittee to utilize infrared asphalt restoration. This
shall commence at least 90 days but no later than six months after
initial paving to allow for trench settlement.
[Amended 9-21-1995 by Ord. No. 1191]
A.
Any corporation which is a public utility, subject to the regulations of the Board of Public Utility Commissioners of the State of New Jersey, and/or a municipal corporation or any department thereof, and/or any person, firm or corporation operating any franchise granted by the Borough of Seaside Park which desires to obtain an opening permit from the Water Superintendent, or, in his absence, the official designated, under this article may, in lieu of the provisions hereof requiring deposits under § 405-10, post a surety bond in the sum of $10,000 with the Borough Clerk. Such bond will be to ensure compliance with the applicable provisions hereof with respect to each opening of a street or other public place which shall hereafter be made by such public utility, municipal corporation or department thereof, or such other person, firm or corporation operating under a franchise granted by the Borough of Seaside Park. Such bond shall remain with the Borough of Seaside Park during such time as the person, firm, corporation or department continues operations in the Borough of Seaside Park or until the requirement for such deposit ceases or is modified. No person shall alter, demolish or construct any part of the curb or sidewalk within the limits of the Borough of Seaside Park, in the County of Ocean, for the purpose of installing a driveway or an opening in said sidewalk and curb for other purposes, without having first applied for and obtained a permit in writing to do so. Said permit shall be issued by the Water Superintendent, or, in his absence, the official designated.
[Amended 7-28-2011 by Ord. No. 1572; 9-12-2019 by Ord. No. 1913]
B.
In the event the person, firm, corporation or department making such
deposit or his, her, their or its agent or employees shall fail to
restore any opening made pursuant hereto or attempt to make such restoration
in such a manner that the work cannot be approved by the proper municipal
officer as herein elsewhere provided and the Borough deems it necessary
to effect such restoration, the cost of such work and materials to
the Borough shall be charged against the surety bond. Thereafter the
party posting the bond shall not be permitted to make any openings
in any street or public place in the Borough of Seaside Park until
such party deposits a sum of cash or its equivalent equal to the amount
charged against the surety bond to reimburse the Borough for its cost
in effecting restoration.
[Amended 9-21-1995 by Ord. No. 1191; 9-12-2019 by Ord. No. 1913]
A.
In case of emergency street openings, any such public utility may make such emergency street opening without first obtaining the written consent of the governing body required by § 405-4 of this article and without first making the written application for such consent required by § 405-6 of this article, provided that within 72 hours after any such emergency street opening is made, any such public utility shall make the written application required by § 405-6 of this article and obtain the permit from the Water Superintendent, or, in his absence, the official designated, required by § 405-4 of this article.
B.
In case of emergency street openings, any such public utility shall not be required to give the notice required by § 405-11 of this article, provided that within 24 hours after making any such emergency street opening, any such public utility shall give notice to the Water Superintendent, or, in his absence, the official designated, of such emergency street opening.
Notwithstanding any other provision hereof, no person, firm, corporation or department which has posted a surety bond as provided for in § 405-13 shall open any street or public place where the horizontal area of such opening will exceed 500 square yards. Where it is contemplated that such horizontal area of an opening will exceed 500 square yards, the fees provided for in § 405-9 hereof shall be paid and written consent obtained prior to making such opening.
No person who opens or excavates any public street or public
place under authority of a permit issued pursuant to this article
shall permit the opening or excavation operation to be conducted by
any person other than the permittee or his, her or its immediate employees
unless in those cases where it is contemplated that the permittee
will engage the service of some other person to conduct the opening
or excavation operation, in which case the application for the permit
shall designate the name of the person, firm or corporation other
than the permittee who will actually be conducting the opening or
excavation operation.
[Added 9-12-2019 by Ord.
No. 1913]
A.
Whenever the Borough undertakes any action to provide for the paving
or repaving of any street, the Borough Clerk shall promptly mail a
written notice thereof to each person or entity owning sewers, mains,
conduits or other utilities in or under said street or any real property,
whether improved or unimproved, abutting said street. Such notice
shall notify such persons that street opening permits or openings,
cuts or excavation and permits for work to be done prior to such paving
or repaving, shall be submitted promptly in order that the work covered
by the street opening permit may be completed no later than 45 business
days from the date of the governing body's action, whether same be
by resolution, ordinance or motion. The Borough Clerk shall also promptly
mail copies of such notice to the occupants of all houses, buildings
and other structures abutting said street for their information.
B.
Within said 45 business days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this article, as may be necessary to install all repair, sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within 45 business days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said streets, shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening permit shall be issued to open, cut or excavate in said street unless, in the judgment of the Borough, an emergency, as described in Subsection D of this section, exists which makes it absolutely essential that the street opening permit be issued.
C.
Every Borough department or official charged with responsibility
for any work which may necessitate any opening, cut or excavation
in said street is directed to take appropriate measures to perform
such excavation work within said forty-five-day period so as to avoid
the necessity for making any openings, cuts or excavations in the
new pavement in said Borough street during said five-year period.
D.
Newly paved streets. No permit shall be issued for any street opening
which would disturb the pavement of any road having been constructed,
reconstructed or overlaid until a period of five years after the completion
of said construction, reconstruction or overlay, except in the event
of an emergency or hardship as described below. The five-year period
as articulated herein shall be calculated from December 31 of the
year in which said road was constructed, reconstructed or overlaid
and run five years thereafter.
(1)
Emergency opening.
(a)
In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, the entity shall apply for an emergency street opening permit and the permit request shall be received by the Water Superintendent, or, in his absence, the official designated. The Water Superintendent, or, in his absence, the official designated, shall determine whether an emergency does truly exist. If an emergency exists, the street opening permit shall be issued, provided that the permit applicant restores the street/roadway as provided hereinbelow under Subsection D(4), Roadway restoration.
(b)
In the event the Water Superintendent, or in his absence, the official designated, determines that no emergency exists, then in such event no emergency opening permit shall be issued. If the entity opened a street or roadway absent having a street opening permit, the entity applicant is required to restore the street as described herein under Subsection D(4), Roadway restoration; and must pay the Borough $1,000 as liquidated damages for each street opening. The entity applicant is deemed to have accepted this liquidated damages obligation upon applying for the emergency street opening permit.
(2)
Hardship condition. In the event in which a property owner has
a hardship condition which requires a street opening permit to be
issued contrary to the above, the Water Superintendent, or, in his
absence, the official designated, may grant relief if all of the following
conditions are met:
(a)
A letter addressed to the Borough, c/o Borough Clerk, is received
detailing the hardship and necessity of opening the street in lieu
of waiting the prescribed period of time. The letter must contain
the following:
(b)
The Water Superintendent, or, in his absence, the official designated, shall determine whether a hardship does truly exist. If a hardship exists, the street opening permit shall be issued, provided that the permit applicant restores the street/roadway as provided hereinbelow under Subsection D(4), Roadway restoration.
(c)
A request which includes the extension of a utility main shall
not be considered and will be automatically denied.
(d)
A request based solely on economic savings shall not be considered
and will be automatically denied.
(3)
Appeal. In the event the applicant's request for an emergency
street opening permit or hardship condition street opening permit
is denied in whole or part by the Water Superintendent, or, in his
absence, the official designated, the applicant may seek a review
of the decision by the Borough's Council by sending a letter review
request to the Borough Clerk within 10 days of the decision providing
the reasons, materials, affidavits, etc., the applicant relies upon
to seek an emergency street opening permit. The Borough Council will
take up the Water Superintendent's review and render the decision
at the Council meeting next following receipt of the applicant's letter
review request. The applicant may appear at that Council meeting and
provide additional oral and/or written materials in support of the
applicant's position. The Water Superintendent, or, in his absence,
the official designated, may also submit at the Council meeting the
reasons for his/her decision.
(4)
Roadway restoration. In the event that an emergency or hardship
requires the opening of a roadway that has been resurfaced by the
Borough during the previous five years, a full-width restoration will
be required. The restoration will consist of six inches of dense graded
aggregate base course and six inches of hot mix asphalt base course,
Mix I-2, brought to existing grade, within the excavated area. A full-width,
curb-to-curb milling, two inches in depth extending 20 feet beyond
the limit of excavation, will be performed after proper settlement
in the trench area. The allowable time for the settlement shall be
45 business days unless otherwise directed by the Borough Engineer.
The final surface course shall be two inches of hot mix asphalt surface
course, Mix I-5.
