No person, company, firm, partnership, association or corporation
shall cut, break into, remove, dig, excavate, damage, open or in any
way disturb the surface of any road, street, avenue, highway or right-of-way
in the City of South Amboy without first obtaining a written permit
from the City Engineer, countersigned by the City Clerk. This shall
not apply for emergency work performed in the interest of public safety,
provided that permit requirements are met on the next regular business
day.
The city rights-of-way have been established and are maintained
primarily for the purpose of movement of vehicles and pedestrians.
It is also desirable to allow individuals and utility companies to
utilize city rights-of-way for purposes other than transportation.
However, to prevent recurring dangerous and annoying interruptions
to traffic and pedestrians and to avoid interference with future road
construction and to provide a uniform standard of construction and
construction methods, it is necessary that strict control be maintained
and standard procedures be followed for excavation, construction and
maintenance of city rights-of-way.
The words and phases herein used, except where the same shall
be clearly contrary to or inconsistent with the context of the section
of the chapter in which used, shall be defined as follows:
ADDRESS OF APPLICANT
The mailing address of the individual, group, partnership
or corporation for whom the work under the permit is to be performed.
ADDRESS OF LOCATION OF PROPOSED WORK
The street address, or block and lot number where street
address is not available, of the location where the proposed construction
is to take place.
ALL-SERVICE CONNECTIONS
Those pipes and conduits providing a utility service between
the property line and the utility main.
APPLICANT
The name of the individual, group, partnership or corporation
for whom the work under the permit is to be performed.
BACKFILL MATERIAL
All material used to bring the excavated area to subgrade
condition.
CABLE TELEVISION
Those facilities under the jurisdiction of the cable television
franchise holder for the city.
CARTWAY
That area which lies between the curblines, having a hard
surface and used for vehicular traffic.
CITY
The City of South Amboy.
CONSTRUCTION
The work required to be performed under the permit.
CONTRACTOR
The individual, group, partnership or corporation undertaking
to do the work requested on the permit.
CURB
That construction of concrete or bituminous concrete with
a vertical face which defines where the pavement and planting strip
meet.
DEPRESSED CURB
That portion of curb used for ingress and egress to the driveway.
DRIVEWAY
Includes that portion of a right-of-way which provides access
to an off-street vehicular facility through a depression in the constructed
curb, or, when there is no constructed curb, that area in front of
such vehicular facility as is well-defined or as is designated by
authorized signs or markings.
DRIVEWAY APRON
That area of the driveway between the sidewalk and the curb
or curbline or, where there is no sidewalk, that area between the
property line and the curbline.
ELECTRICAL CONDUIT
Those facilities and conduits under the jurisdiction of any
electrical utility company.
EMERGENCY
When the existing utility is leaking, broken, blocked or
otherwise malfunctioning such that the health, safety and interest
of the public is endangered and immediate action is required.
ENGINEER
The City Engineer and his appointees, who represent the city
and will perform inspections on the construction to be accomplished
under the permit.
HANDICAP RAMPS
Those areas so designated or required by law where the sidewalk
is ramped to meet a section of depressed curb for wheelchair traffic.
MAINTENANCE
Any work the city requires to be performed prior to the release
of the maintenance guaranty.
NOTIFICATION TO CITY (OF WORK TO BE PERFORMED)
Where notification within 24 hours is required for work performed
of an emergency nature, in the event of a holiday or Saturday or Sunday,
said notification shall be made the next regularly scheduled business
day of the city.
PAVEMENT
The type of material used for the construction of the cartway.
PERMIT
The document issued authorizing the required construction
to take place.
PLANTING STRIP
That area between the property line and the curb or the edge
of pavement.
RECONSTRUCTION
The removal and replacement of an existing structure, facility,
area or appurtenance as required under the permit.
REPAIR
Restoring or patching, as may be required, of both a temporary
and permanent nature for the protection of the public and the structure,
facility, area or appurtenance.
REPLACEMENT
The placing back of an existing structure, facility, area
or appurtenance in accordance with current city specifications.
SERVICE LATERALS
All utility connections between the right-of-way and the
main under the jurisdiction of the utility company, city or private
ownership.
SEWERAGE AUTHORITY MAINS
Those pipes and appurtenances under the jurisdiction of the
Middlesex County Utilities Authority.
SIDEWALK
That area designated for pedestrian traffic having a hard
surface.
STANDARDS SPECIFICATION
All written documents, plans or sketches made pertaining
to the method or manner of performing the construction or quality
and quantities of material to be utilized.
STORM DRAINS
Those pipes and appurtenances which carry stormwater and/or
groundwater, including roof drains, underdrains, yard drains and sump
pump discharge pipes within the right-of-way.
TELEPHONE CONDUITS
Those facilities and conduits under the jurisdiction of the
Bell Atlantic Company or any other local or long-distance telecommunications
carrier.
WATER MAINS
Those pipes, hydrants and appurtenances under the jurisdiction
of the Middlesex Water Company and any other jurisdictional purveyor.
For construction, reconstruction, replacement, repair, maintenance,
servicing or installation of sidewalks, driveway aprons, curbs, handicap
ramps, sanitary sewer mains and laterals, water mains, hydrants and
service laterals, gas mains and service laterals, telephone conduits,
electrical conduits, cable television conduits, sewerage authority
mains, all service connections, storm drain mains, inlets and basins
and pavement extensions; the temporary storage of equipment or construction
materials; and any other operations other than city contracted projects
which may cause abnormal wear to or deface or damage existing structures,
pavement, curbs, sidewalks or driveway aprons, a right-of-way permit
shall be required.
An application for a permit shall be filed with the City of
South Amboy before preliminary investigation shall be made or the
permit issued. Standard application forms for this permit shall be
secured from the City Clerk's office. Each application form shall
be completely filled in, signed and delivered to the City Clerk's
office with a notation on the outside of the envelope, "Application
For Right-Of-Way Permit." An explanation of the application sketches
shall be made either in the space provided on the application form
or on a separate sheet, in duplicate, which the applicant shall attach
to the application. Said diagrams, plans or sketches shall show the
location of the work to be done in relation to the property lines,
intersections, curb or edge of pavement, including the depth of the
excavation.
A. The city reserves the right to require more-detailed diagrams, plans
or sketches where the City Engineer deems it would be in the best
interest of the public. Said detailed diagrams, plans or sketches
may be required to show the location of the work in relation to the
outstanding features of the right-of-way, such as property lines,
intersections, curb and edge of pavement lines, sidewalks, driveways,
driveway aprons, trees, drainage structures and utility poles, by
number.
B. The applicant shall be required to backfill and restore the pavement,
curb, sidewalk and other disturbed areas caused as a result of the
construction work of the applicant, in accordance with the detailed
specifications of the city.
C. Once the permit has been issued and the applicant discovers that
additional work or repairs not designated in the original application
are necessary at the same location, the applicant shall notify the
Engineer within 24 hours and amend the original application on file
in the City Clerk's office within seven calendar days of notifying
the Engineer.
D. When it is determined that the work must be performed of an emergency
nature, the Engineer shall be notified within 24 hours of the cause
for said work and a permit obtained from the City Clerk within seven
calendar days of the work's being performed.
All applications for right-of-way permits shall be accompanied
by diagrams, plans or sketches. The Engineer reserves the right, where
applications are made for permits involving work of major scope, to
have a complete set of engineering plans, drawn to a scale of not
less than one inch equals 30 feet, and specifications submitted, in
duplicate, along with said application. The application and plans
in all instances shall be forwarded to the City Engineer, who shall
either approve or approve as noted or deny said plans and specifications.
Said diagrams, plans, sketches or specifications shall be so detailed
that the exact location of the various parts of the work, the risk
or injury to right-of-way users and the probability of damage to any
trees, highway structures and private property can be ascertained.
Upon the approval of the Engineer of the application, diagrams, plans,
sketches and specifications, the same shall be so noted on the application
and returned to the City Clerk's Office, where said permit can then
be issued.
When it appears that the work called for in an application would
cause substantial or needless damage to a right-of-way or create excessive
disturbances to traffic or exceptionally dangerous conditions not
commensurate with the benefits to the applicant, the request for such
permits shall be denied. The applicant shall be informed about such
rejection by letter, which shall state the reason for the rejection.
The City Engineer or his designee may refuse to issue a permit to
any person, partnership, association or corporation when, in his opinion,
work performed under a permit therefor issued to the applicant has
not been properly executed or when said applicant has failed to reimburse
the city for recoverable charges billed under the terms and conditions
of a previous permit that was issued in accordance with this Article.
By making of an application of a permit, the permittee agrees
to save harmless the City of South Amboy, its officers, agents and
servants from and against any loss, injury or damage resulting from
any negligence or the fault of the permittee in the case of work covered
by the permit. The permittee shall file with the City Clerk a certificate
of insurance of $1,000,000 for bodily injury and $1,000.000 for property
damage, naming the City of South Amboy as a named insured, which coverage
shall run to the benefit of the city, its officers, agents and servants.
All work to be performed for excavating or opening of roads,
streets, highways, avenues or rights-of-way in the City of South Amboy
shall be performed in accordance with the current specifications entitled
"Detail Specifications for The Excavating or Opening of Streets, Roads
Avenues, Highways and Rights-of-Way in the City of South Amboy, County
of Middlesex," which are on file in the City Engineer's office.
Before backfilling operations, the applicant shall notify the
City Engineer, requesting an inspection of backfill, backfill operation
and completion methods and receive approval thereof. No pavement surface
restoration shall be performed until the backfill operations are completed
and approved by the City Engineer.
In the event that the applicant shall fail to complete or correct
the conditions as required, after the Engineer has notified the applicant
by ordinary mail addressed to the applicant, the city may perform
the work 10 days thereafter, and all funds on deposit shall, without
further notice, be credited in an account to be drawn on to defray
the cost of work required to be performed by the city. Said cost to
perform such work shall be reimbursed from the performance/maintenance
bond company or deducted from the escrow. In the event of an emergency
caused by incomplete work or defective work, any costs incurred by
the city to rectify said emergency condition shall be reimbursed from
the performance/maintenance bond company or deducted from the escrow.