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:
The mailing address of the individual, group, partnership
or corporation for whom the work under the permit is to be performed.
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.
Those pipes and conduits providing a utility service between
the property line and the utility main.
The name of the individual, group, partnership or corporation
for whom the work under the permit is to be performed.
All material used to bring the excavated area to subgrade
condition.
Those facilities under the jurisdiction of the cable television
franchise holder for the city.
That area which lies between the curblines, having a hard
surface and used for vehicular traffic.
The City of South Amboy.
The work required to be performed under the permit.
The individual, group, partnership or corporation undertaking
to do the work requested on the permit.
That construction of concrete or bituminous concrete with
a vertical face which defines where the pavement and planting strip
meet.
That portion of curb used for ingress and egress to the 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.
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.
Those facilities and conduits under the jurisdiction of any
electrical utility company.
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.
The City Engineer and his appointees, who represent the city
and will perform inspections on the construction to be accomplished
under the permit.
All material removed or disturbed from its original location.
Those pipes and appurtenances under the jurisdiction of the
PSE&G Company.
Those areas so designated or required by law where the sidewalk
is ramped to meet a section of depressed curb for wheelchair traffic.
Any work the city requires to be performed prior to the release
of the maintenance guaranty.
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.
The type of material used for the construction of the cartway.
The document issued authorizing the required construction
to take place.
That area between the property line and the curb or the edge
of pavement.
That area between the sidewalk and the property line.
That area between the sidewalk and the curb or the edge of
pavement.
The removal and replacement of an existing structure, facility,
area or appurtenance as required under the permit.
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.
The placing back of an existing structure, facility, area
or appurtenance in accordance with current city specifications.
Those pipes and appurtenances under the jurisdiction of the
city.
All utility connections between the right-of-way and the
main under the jurisdiction of the utility company, city or private
ownership.
Those pipes and appurtenances under the jurisdiction of the
Middlesex County Utilities Authority.
That area designated for pedestrian traffic having a hard
surface.
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.
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.
Those facilities and conduits under the jurisdiction of the
Bell Atlantic Company or any other local or long-distance telecommunications
carrier.
Those pipes, hydrants and appurtenances under the jurisdiction
of the Middlesex Water Company and any other jurisdictional purveyor.
All new construction and/or replacement of existing utility
mains.
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.
A.
A permit form shall be signed by the City Engineer or his designee
before it becomes valid. Such permits shall be issued through the
City Engineer's office two days after said application for permit
has been received in good order and approved, unless said work is
of a major scope and would require additional time for review. If
said application calls for work of a major scope, a response to the
applicant shall be made within two weeks of said application's being
filed with the City Clerk. Said permit shall be issued after:
(1)
Completion of all aspects of the permit application and after diagrams,
plans, sketches and specifications have been reviewed and approved.
(2)
Payment of the permit fees (administration and inspection).
(3)
The posting with the city of the appropriate performance/maintenance
bond, letter of credit and/or escrow funds in the form and amounts
approved by the City Law Director to cover the cost of temporary and
permanent restoration as well as maintenance for a period of two years.
B.
For emergency work, a permit shall be issued within two days from
the City Clerk's office when the Engineer has been notified by the
applicant, within 24 hours, of the cause for said emergency.
C.
No permit shall be issued for a period of five years where a pavement
has been reconstructed or a period of three years where a pavement
has been resurfaced, unless there is a need shown as a result of an
emergency or hardship. Where a hardship is demonstrated, the City
Council shall have the authority to authorize the granting of a permit
by resolution.
A.
The applicant or contractor is forbidden to commence work until the items listed in Section 145-23 have been compiled and the applicant has notified the City Engineer's office at least 24 hours in advance of the exact date and hour the proposed work is to commence. Utility companies under the jurisdiction of the New Jersey Board of Public Utilities are exempt from providing the exact hour their work is to be performed.
B.
The work on any opening to be made under the permit provided for
in this Article shall be commenced within 10 days from the date of
said permit and the work prosecuted with due diligence until its completion.
If for any reason the work is not commenced within said period of
10 days, the permit shall be void unless within such period of 10
days the applicant shall present the permit to the City Clerk, who
shall thereupon extend the time for the beginning of said work for
another period of 10 days by endorsement of the permit.
C.
No right-of-way permits shall be issued from December 1 to March
15 except for emergency repairs as determined by the City Engineer.
All openings must be closed before September 15. No trenches shall
be opened after December 15, even though the City Engineer has issued
a permit prior to December 15. In no event are roads to be opened
on Saturday and Sunday, except for emergency repairs, as determined
by the City Engineer.
D.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
E.
Revocation of permit. The city may revoke a permit for any of the
following reasons:
F.
The contractor/subcontractor shall have in his possession at the
scene of the construction a copy of the permit.
A.
Prior to the issuance of a permit, the applicant shall pay to the
City Clerk a nonrefundable fee of $35 to cover the cost of administration.
B.
Prior to the issuance of a permit, the applicant shall pay to the
City Clerk an inspection fee based upon the total cost of the construction
as follows:
(1)
The minimum fee shall not be less than $50.
(2)
In all cases where the cost of construction shall be between $0 and
$10,000, 8% of the estimated cost of construction, as estimated by
the City Engineer, shall be required.
(3)
In all cases where the cost of construction is estimated between
$10,001 and $50,000, the inspection fee required shall be 7 1/2%
of the estimated cost of construction.
(4)
In all cases where the cost of construction is estimated between
$50,001 and $100,000, the inspection fee required shall be 7% of the
estimated cost of construction.
(5)
In all cases where the cost of installation is estimated $100,001
and $200,000, the inspection fee required shall be 6% of the estimated
cost of construction.
(6)
In all cases where the cost of installation is estimated to be greater
than $200,000, the inspection fee required shall be 5% of the estimated
cost of construction.
(7)
In addition to all other requirements herein, the Chief Financial
Officer shall be empowered to notify the applicant and require the
applicant to deposit an additional fee equal to 50% of the original
fee, if and when professional charges to the city are greater than
80% of the original filing fee as required herein.
(8)
The cost for inspection for all work performed by a utility company
under the jurisdiction of the New Jersey Board of Public Utilities
shall be based on the amount of time required for inspection by the
Engineer billed to the utility company on a monthly basis at the rate
of two times the hourly rate of the Engineer.
C.
Prior to the issuance of a permit, the applicant shall file a surety with the City Clerk, in cash or by certified check, in an amount sufficient to pay the expenses of repairing and replacing the public road or street, or other surfaces or appurtenances within the street area, as shall be determined by the City Engineer. The posting of said surety shall not be required of a utility company under the jurisdiction of the Bureau of Public Utilities or a contractor who has posted an approved blanket bond as provided for under Section 145-26 herein.
A.
Prior to the issuance of a permit, the applicant shall deposit with
the city a bond or escrow in an amount to be determined by the City
Engineer and the form of said bond be approved by the City Law Director.
The amount of bond or escrow will be established separately for each
permit so that the city will be protected against loss in the event
of the failure of the permit holder to complete the work or make required
repairs or restoration of damages involving the work or encroachment
authorized by the permit. The amount of bond or escrow shall be computed
on the basis of costs required to make proper restorations or repairs
of a temporary and/or permanent nature. As part of the approval for
application for a permit, the City Engineer shall advise on the permit
application form the amount of the bond or escrow required. An annual
blanket bond of not less than $20,000., acceptable to the City Law
Director of the City of South Amboy, may be deposited to avoid the
inconvenience and expense of obtaining individual bonds for each permit
requested. Said performance bond shall also encompass a maintenance
bond once the permanent restoration has been completed and accepted
by the city. Upon completion of final and permanent restoration and
acceptance by the city, the performance bond or escrow will be returned
subject to a maintenance bond or escrow of 15% being posted. Said
maintenance bond or escrow shall remain in effect for a two-year period
of time. The bond or escrow shall be released to the permit holder
upon satisfactory completion of all restoration and repairs during
the two-year maintenance period. Said two-year maintenance period
shall commence after final inspection of the work performed under
the permit and the acceptance of the work by the city.
B.
For all utilities under the jurisdiction of the New Jersey Board
of Public Utilities, a blanket corporate bond acceptable to the City
Law Director in the amount of $25,000 may be deposited with the city
in full force and effect in lieu of a separate bond or escrow for
each required permit as surety for the performance and maintenance
period. Said maintenance period shall be for a period of two years
and shall commence after the final inspection of the work performed
under the permit and the acceptance of the work by the city.
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.
A.
The excavation and all piles of excavated materials or any material
used in the work to be performed in the opening for which a permit
is issued shall be carefully guarded and lighted by the applicant,
who shall be liable for damages caused in the prosecution of the work
or failure to properly guard or maintain the same.
B.
Traffic directors and/or police officers shall be provided by the
applicant for traffic control if required by the Chief of Police or
his designee. The applicant shall pay all costs associated with the
use of South Amboy Police personnel, if they are required.
C.
The City Council hereby finds and declares that problems of traffic
control occur when traffic must be moved through or around road or
street construction, maintenance operations and utility work above
or below ground which requires blocking the roadway and obstructions
are or can become dangerous when not property controlled. In order
to better promote the public health, safety, peace and welfare, it
is necessary to establish controls and regulations directed to the
safe and expeditious movement of traffic through construction and
maintenance zones and to provide safety for the workforces performing
these operations.
D.
The City of South Amboy in the County of Middlesex, State of New
Jersey, does hereby adopt the current manual on Uniform Traffic Control
Devices, latest edition, hereafter known as "MUTCD," except as hereby
supplemented and amended as it controls and regulates whenever construction,
maintenance operations or utility work obstructs the normal flow of
traffic. Any person, contractor or utility who fails to comply with
the provisions of MUTCD while performing such work is in violation
of this section.
E.
Preconstruction meetings. It shall be the responsibility of the person,
contractor or public utility, wishing to conduct work on, under or
above the roadway to contact the Chief of Police and/or his Traffic
Bureau designee, hereafter referred to as the "South Amboy Police
Department," in order to arrange a preconstruction meeting and to
submit a copy of the construction/permit plans, as well as plans for
the safe movement of traffic, during such period of construction or
work. Any person, contractor or utility who fails to comply with this
section prior to the start of such work or whose plans are not approved
by the South Amboy Police Department is in violation of this section.
F.
Emergency contact phone numbers. The person, contractor or utility
shall provide the South Amboy Police Department with at least two
emergency contact phone numbers to be called in case of emergency
problems at the construction or maintenance site prior to the start
of any work. If for any reason emergency contacts cannot be reached
or if the emergency contact person does not respond to a call from
the Police Department to correct a hazardous condition, the city may
respond to correct such hazardous condition. The reasonable fees for
such emergency services by the city shall be charged to the person,
contractor or utility responsible for such condition.
G.
Safety and specifications.
(1)
All work shall be done in such a manner as to cause a minimum of
interference with traffic. There shall be no construction, maintenance
operations or utility work on any roadway in the city before the hour
of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to
permit work prior to 9:00 a.m. or after 4:00 p.m. by the South Amboy
Police Department. If it is determined by the South Amboy Police Department
that the construction or maintenance operations prior to 9:00 a.m.
or after 4:00 p.m. would substantially delay traffic or cause a safety
or health hazard, the work shall then be permitted only between 9:00
a.m. to 4:00 p.m.
(2)
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 permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
(3)
No work shall be done in such a manner as to interfere with any water
main or sewer line 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 Superintendent of the Division
of Public Works or the City Engineer. No work shall be carried on
in such a manner as to result in damage or destruction of any property
of the City of South Amboy unless this is necessary for completion
of the work and permission his been obtained in advance from the head
of the city department or agency having jurisdiction over such property.
H.
Road closing and/or traffic detours shall not be permitted unless
approved by the South Amboy Police Department. A twenty-four-hour
minimum advance notice is required.
I.
Traffic directors, trained by the South Amboy Police Department,
shall be posted at all construction or maintenance sites when determined
by the South Amboy Police Department that the same is necessary to
provide for the safe and expeditious movement of traffic.
J.
The South Amboy Police Department shall have the authority to order
work stopped, including the removal of equipment and vehicles, stored
material within the street right-of-way, backfilling of open excavations
and/or other related work, in order to abate any nuisance and/or safety
hazard or for any violation of this section.
A.
For the violation of the provisions herein contained, the permit
may be revoked and the excavation or opening may be filled by the
City of South Amboy and the street restored at the cost and expense
of the permittee.
B.
Any person, contractor or utility who commits a violation of this
Article shall, upon conviction thereof for a first offense, pay a
fine of not less than $100 nor more than $500 and/or be imprisoned
in the county jail for a term if not exceeding 90 days; for a second
or subsequent conviction, pay a fine of not less than $500 and/or
be imprisoned in the county jail for a term not exceeding 90 days.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
