[Adopted by Ord. No. 66-8; amended by Ord. No.
77-1 (Ch. VIII, Sec. 8-1, of the 1974 Revised General
Ordinances)]
[Amended 10-2-1974]
As used in this section:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the City as a public
street, as well as any state or county road or highway over which
the City has acquired jurisdiction by agreement.
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the City Council.
B.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for a permit is made simultaneously
with the commencement of the work or as soon thereafter as is practical.
When issued, the permit shall be retroactive to the date on which
the work has begun.
C.
The City Clerk shall issue permits to other public bodies without
fee.
The City Council is authorized to refuse the issuance of any
permit if it ascertains after consultation with the City Engineer
or otherwise that such refusal is in the interest of public safety,
public convenience or public health. If a permit is refused an appeal
may be taken to the City Council. The City Council, after hearing
the applicant and such other evidence as may be produced, may either
direct the issuance of the permit or sustain the refusal.
[Amended 10-2-1974]
An application for a permit shall contain the following information:
A.
Name and address of the applicant.
B.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
C.
The City Tax Map block and lot number of the property for the benefit
of which the opening is to be made.
D.
Nature of the surface in which the opening is to be made.
E.
Character and purpose of the work proposed.
F.
Time when the work is to be commenced and completed.
G.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
H.
The name and address of the workman or contractor who is to perform
the work.
I.
A statement that the applicant agrees to replace at his own cost
and expense, the street, curb, gutter and sidewalk in the same state
and condition in all things as they were at the time of the commencement
of the work within 48 hours of the commencement of same.
[Amended 10-2-1974]
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the excavation or tunnel
is to be made, the dimensions of the opening and the period during
which the permit shall be valid. The original of each permit shall
remain on file with the Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended 10-2-1974]
A.
At the discretion of the City Engineer, a bond may be required. The
bond may be waived in the case of a public utility upon the presentation
of satisfactory proof that the utility is capable of meeting any claims
against it up to the amount of the bond which would otherwise be required.
The bond shall be executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety
and shall be conditioned as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
To indemnify the City and hold it harmless from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation arising out of injury to any person or property resulting
from any work done by the applicant under the permit.
(2)
To indemnify the City for any expense incurred in enforcing any of
the provisions of this section.
(3)
To indemnify any person who sustains personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors done in the course of any
work under the permit.
(4)
To
cover 100% of the repair or replacement of the road if needed.
B.
One bond may be accepted to cover a number of excavations by the
same applicant. Bonds shall remain in force for a period to be determined
by the City.
[Amended 10-2-1974]
The applicant shall also be required to deposit, in cash or
by certified check, a sum determined by the City Engineer to be necessary
to defray the expense of restoring the street to its preexisting condition
should the permittee fail to do so.
[Amended 10-2-1974]
No permit shall be issued until the applicant has furnished
the City with satisfactory proof that he is insured against injury
to persons and damage to property caused by any act or omission of
the applicant, his agents, employees or subcontractors done in the
course of the work to be performed under the permit. The insurance
shall cover all hazards likely to arise in connection with the work,
including but not limited to collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $100,000 for injury to any one
person, $300,000 for property damage for a single incident. The City
may waive the requirements of this section in the case of public utilities
upon the presentation of satisfactory proof that it is capable of
meeting claims against it up to the amount of the limits of the insurance
policy which would otherwise be required.
[Amended 10-2-1974]
All permits issued under this article 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 permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B.
All work shall be done 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 City council.
The City council shall be informed of all street closings at least
24 hours in advance, except where the work is of an emergency nature
when notice shall be given when work commences.
C.
All refuse and material shall be removed within 48 hours.
D.
All excavations shall be completely backfilled by the permittee,
and shall be compacted by tamping or other suitable means in a manner
prescribed by the City Engineer. Where the engineer determines that
the excavated material is unsuitable for backfill, the permittee 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 with a mechanical vibrator or in
the manner prescribed by the engineer. The permittee shall replace
all shoulder stone to a depth of six inches and thoroughly compact
it with a mechanical compaction device. Upon completion of the work,
the permittee shall remove any excess material and leave the premises
in a clean condition. If it is determined that any backfilled excavation
has settled or caved in, the engineer shall so notify the permittee,
who shall promptly continue backfilling until settlement is complete.
E.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
F.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
G.
If the work is not completed within the time specified in the permit
or any extension granted by the City, or is not performed in accordance
with the regulations set forth in this subsection and any other regulations
that may be established by the City Council, then the City may complete
the work itself and restore the surface of the street. The cost of
completing the work and restoring the street shall be charged to the
permittee and may be deducted from his deposit or recovered by an
action in any court of competent jurisdiction.
[Amended 10-2-1974; at
time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A.
The applicant to whom such permit is issued shall, within the time
limited in such permit, replace the earth and pavement in the excavation
in such manner as proscribed herein and the same shall be left in
as good condition as it was before the excavation was commenced. Except
as otherwise herein stated, all street work performed shall be in
accordance with the applicable provisions of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
2007, and as amended. Reference to articles or sections hereinafter
refer to said state highway specifications.
(1)
Trenches shall be backfilled in layers not to exceed six inches and
a vibratory tamper must be used. Compaction of 95% shall be required.
Puddling of backfill is strictly prohibited. Should there be a deficiency,
additional backfill material shall be supplied by the permittee. Whenever
the City Engineer shall deem the material unsatisfactory for backfill,
the permittee shall provide acceptable material for the backfill.
B.
Roadways with a concrete base shall be restored using a combination
of concrete and asphalt. The amount of concrete and asphalt to be
used at each such excavation shall be as directed by the City Engineer.
(See detail at end of chapter.)
C.
Bituminous concrete street restoration specifications.
(1)
Gravel. Gravel shall be installed six inches thick. The gravel shall
consist of compact soil aggregate Type I-5. The use of a recycled
asphalt product (RAP) or recycled concrete product may be substituted
for the soil aggregate as long as it meets the New Jersey Department
of Transportation (NJDOT) requirements for I-5 materials. The City
Engineer may, at his discretion, submit samples of the soil aggregate
for a gradation analysis, with the costs of said analysis borne by
the applicant.
(2)
Temporary roadway restoration.
(a)
Less than 100 square feet.
[1]
For openings in asphalt roadways that are less than 100 square
feet, the temporary restoration will consist of the installation of
six inches of soil aggregate, Type I-5, to a level of six inches below
the level of adjacent paved surfaces. A four-inch lift of stabilized
base course, Mix I-2, followed by a two-inch lift of a bituminous
concrete cold patch, shall be installed to grade.
[2]
These temporary surfaces shall be in place for a period of not
less than 45 days to allow sufficient settlement to occur. Should
settlement continue to occur, the City Engineer shall determine when
the work is acceptable for final restoration. The permittee shall
be responsible for all maintenance deemed necessary by the City Engineer
until such time as the final restoration is completed.
(b)
Greater than 100 square feet.
[1]
For openings in asphalt roadways that are greater than 100 square
feet, 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 the adjacent paved surfaces. A six-inch lift of stabilized
base course, Mix I-2, shall then be installed to grade.
[2]
These 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 City Engineer shall determine
when the work is acceptable for final restoration. The permittee shall
be responsible for all maintenance deemed necessary by the City Engineer
until such time as the final restoration is completed.
(3)
Final roadway restoration
(a)
Newly paved streets.
[1]
The restoration will consist of six-inch dense graded aggregate
base course, and a six-inch bituminous stabilized base course, Mix
I-2, brought to existing grade, within the excavated area. A full
width, curb to curb, milling two inches in depth to extend 20 feet
beyond the limit of excavations will be performed after proper settlement
in the trench area. The allowable time for the settlement shall be
45 days unless otherwise directed by the City Engineer. The final
surface course shall be a two-inch bituminous concrete surface course,
Mix I-5.
[2]
Trench restoration may be permitted under special circumstances
and at the option of the City Engineer for openings having a minimum
impact on the longevity and serviceability of the street in question.
(b)
Streets paved between five and eight years prior to proposed
opening.
[1]
Any street opening on a street that has been constructed, reconstructed,
or overlaid between five years and eight years after the completion
of said construction, reconstruction, or overlay will require a half-width
paving from the center line to the curb on the side affected by the
opening. The trench shall be repaved with six inches of gravel or
similar subbase, four-inch stabilized base (HMA19M64) to the surface.
The half width of the street shall then be milled 1 1/2 inches
deep from the center line to the curbline a distance of 20 feet on
either side of the opening edges. A one-and-one-half-inch surface
course (HMA9.5M64) shall be machine-placed and rolled as per New Jersey
Department of Transportation Standard Specifications for Roads and
Bridges, 2007, and as amended.
[2]
At the opening crosses over the center line of the street, the
above street repair shall be full-width restoration.
(c)
Streets paved over eight years prior to proposed opening.
[1]
Where 20% or more of the existing surface width and/or a distance
parallel or longitudinal to the roadway center line of 25 feet or
more has been disturbed, the permittee shall mill the entire pavement
surface from edge to edge or curb to curb and the full length of the
trench plus five feet each side at a minimum depth of two inches.
All milling and disposal of millings shall be done in accordance with
Division 400 of the NJDOT Standard Specifications. The permittee shall
clean and sweep the milled surface and apply tack coat in preparation
for immediate paving. The area will then be paved with two inches
of HMA 9.5M64 surface course in accordance with Division 400 of the
NJDOT Standard Specifications. The City will require that the terminal
ends of the paving be keyed and cut vertical to provide a smooth transition
to the existing asphalt surface. Feathering will not be allowed.
[2]
Where less than 20% of the existing surface and a distance parallel
or longitudinal to the roadway center line of less than 25 feet has
been disturbed, the permittee shall saw-cut the existing surface course
two inches deep at a location 12 inches beyond the trench surface,
and remove the existing pavement to the same depth. Pavement removal
shall be done by milling or another method as approved by the City
Engineer. The permittee shall clean and sweep the milled surface and
apply tack coat in preparation for immediate paving. The area will
then be paved with two inches of HMA 9.5M64 surface course in accordance
with Division 400 of the NJDOT Standard Specifications. The City will
require that the terminal ends of the paving be keyed and cut vertical
to provide a smooth transition to the existing asphalt surface. Feathering
will not be allowed.
(d)
Calculating age of street.
[1]
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. The end date of this five-year
period is the beginning date of the five-year to eight-year period
articulated herein.
[2]
The eight-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 eight years thereafter. The end date of this eight-year
period is the end date of the five-year to eight-year period articulated
herein.
(e)
No surface water shall be entrapped or ponded on the resurfaced
areas. If any ponding occurs, the permittee will be responsible for
performing whatever remedial action is required by the City Engineer.
(4)
If more than one excavation would be required within a fifty-foot
length, a single trench must be used rather than the individual excavations.
Final restoration will require the entire pavement surface from edge
to edge or curb to curb and the full length of the trench plus five
feet each side at a minimum depth of two inches. All edges shall be
coated with an asphaltic tack coat prior to a two-inch lift of bituminous
concrete surface course, Mix I-5, being placed to a level even with
the existing road grade.
(5)
In all cases where concrete has to be removed prior to any excavation,
saw-cut methods of removal shall be used. The restoration of the concrete
shall be according to the following specifications:
(a)
It shall be Class B with a design strength of 4,000 pounds per
square inch (psi).
(b)
It shall have a minimum thickness of not less than four inches
for sidewalk, six inches for driveway aprons and eight inches for
gutter.
(c)
It shall have a minimum width of not less than five feet for
sidewalks.
(d)
It shall have control joints not more than five feet for sidewalk,
10 feet for curb and gutter and expansion joints and not more than
20 feet for sidewalk, curb and gutter.
D.
By 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, pay on demand any cost or expense that the City 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
three months from the time the surface thereof is restored.
[Amended 10-2-1974]
A.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate unless
extended in writing by the City Council.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the City Engineer, shall
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee of the
City or police officer.
D.
Revocation of permit.
(1)
The City Council may revoke a permit for any of the following reasons.
(a)
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on work under the permit in a manner which endangers
life or property, or which creates any condition which is unhealthy,
unsanitary or declared by any provision of this revision to constitute
a nuisance.
(2)
The procedure for revoking a permit shall be the same as that set
forth in this revision for the revocation of licenses, except that
the initial hearing shall be before the City Councilman in charge
of the Road Department with a right of appeal to the City Council;
and the Chairman may provide in his decision that the revocation shall
not become effective if the permittee corrects the violation within
a specified period of time.
E.
Modification of permit conditions. In a special case the City Council
may, by resolution, impose special conditions to which the issuance
of the permit may be subject, or may decide that any provision of
this section shall not apply or shall be altered.
[Amended 10-2-1974; at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
The Public Works Committee in conjunction with the City Engineer
may make any rules and regulations considered necessary for the administration
and enforcement of this section, but no regulation shall be inconsistent
with, alter or amend any provision of this section, or impose any
requirement which is in addition to those expressly or by implication
imposed by this section. No regulations shall be effective unless
they are approved by resolution of the City Council. Copies of all
current regulations shall be furnished each permittee at the time
of the issuance of the permit.
