This article may be known and cited as the "West Wildwood Borough
Street Encroachment and Openings Ordinance."
No person shall place or maintain any obstruction, encroachment
or encumbrance in, over or upon any road, street, avenue, highway
or right-of-way of the Borough of West Wildwood, nor shall any such
person use or attempt to use, for any private purpose, any part of
any road, street, avenue, highway or right-of-way without first having
obtained a permit therefor as hereinafter provided.
A.
No person shall disturb the surface, tunnel under, cut, break into,
or make any opening or excavation of any kind in any road, street,
avenue, highway or right-of-way of the Borough of West Wildwood without
first having obtained a permit therefor as hereinafter provided.
B.
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. An emergency or hardship application shall
be made to the Board of Commissioners by letter request to the Borough
Clerk, demonstrating the emergency or hardship. Where an emergency
or hardship is demonstrated, the Board of Commissioners shall have
the authority to authorize the granting of a permit by resolution.
Any permit granted shall require the necessary fees, escrows and the
reconstruction or resurfacing of the pavement from the curbline to
the center line.
C.
Unless written permission is obtained from the Director of Public
Works, no permittee shall be allowed permission to cut, break into,
excavate or open a street for a greater distance than 300 feet at
one time or keep the same open for a period longer than one week.
During the entire period the street is being cut, broken into, excavated
or opened by the permittee, there shall be provided by the permittee
a space at street level of at least 12 feet in width for the purposes
of allowing vehicles free and unimpeded use of the same.
D.
In no event shall a permit be valid for a period of time in excess
of 90 days after its issuance without the written approval of the
Director of Public Works.
E.
All cuts, breaks, excavations and openings shall conform in size
to the application on which the permit is based and shall be performed
in neat, even, and rectangular sections. All excavations are to be
protected in accordance with applicable local, state, and federal
requirements.
F.
If, in the opinion of the Director of Public Works, any cut, excavation,
or opening would be dangerous if left exposed, the permittee shall
erect a suitable barrier or railing around the same in such manner
as to prevent danger to pedestrians or vehicles and place upon such
barrier or railing and upon any building materials and appliances
suitable and sufficient warning lights during the period of darkness.
In any event, suitable and sufficient warning lights shall be maintained
by the permittee during periods of darkness in the vicinity of the
cut, excavation, or opening. The barriers and lighting shall conform
to the Department of Transportation Manual of Uniform Traffic Control
Devices and any amendments. In addition to the permittee placing his
name and telephone number where he can be reached at all times on
the barriers, the permittee shall also notify the Director of Public
Works and local municipal authority of the condition of the unfinished
excavation and furnish the above with his name and telephone number
where he can be reached at all times.
A.
Each application for a permit shall be made in writing, on forms
provided, to the Borough Clerk and shall be accompanied by an application
fee of $30 deposit. Each application shall be in duplicate and shall
contain the following information:
(1)
Names, addresses and telephone numbers of the applicant, the contractor
or person doing the work and the person for whom the work is being
performed; also an emergency telephone number of the contractor.
(2)
State of the purpose and location of the proposed obstruction, encroachment,
encumbrance, tunneling, cutting, breaking, excavation or opening,
setting forth the name of the road, street, avenue, highway or right-of-way,
and the portion thereof to be utilized and affected.
(3)
Description of the nature, kind and character of each proposed obstruction,
encroachment, encumbrance, tunneling, cutting, breaking, excavation
or opening.
(4)
Statement of the estimated period of time during which the same shall
be maintained, setting forth the date when the proposed activity will
commence and terminate.
(5)
Statement of the nature of the surface of the road, street, avenue,
highway or right-of-way to be affected.
(6)
Such other information as may be reasonably required to fulfill the
requirements of this article.
B.
Each copy of the application shall be accompanied by a scaled plan
or detailed sketch showing the precise location and size of the proposed
obstruction, encroachment, encumbrance, tunneling, cutting, breaking,
excavation or opening and the areas of the road, street, avenue, highway
or right-of-way to be affected by the same.
A.
Upon receipt of the completed application, accompanying documentation, and application fee, the Borough Clerk shall transmit the duplicate copy of the application to the Director of Public Works, or his designee, who shall review the application, consulting with the Borough Engineer or other directors if necessary, to consider and verify its contents, thereafter, the Director of Public Works shall indicate his approval or disapproval thereof, in writing, to the Borough Clerk, together with any terms, conditions or recommendations with respect to the application. The Director of Public Works shall also establish and indicate the required amount of deposit to be paid to the Borough Clerk before issuance of a permit in accordance with the schedule set forth in § 482-6 of this article.
B.
Upon approval of the application and payment of the stipulated deposit,
the Borough Clerk shall issue the permit, subject to the terms of
this article and such reasonable terms and conditions as may be established
in the interest of public safety, health, and welfare. Each application
shall be approved if the application and plans conform to the requirements
of this article and provide for the work to be performed in accordance
with the New Jersey State Highway Specifications, this article, and
any other applicable state or municipal law, ordinance or regulation,
and if the work does not otherwise create any condition detrimental
to the public health, safety, and welfare.
A.
Prior to the issuance of a permit hereunder, the applicant shall
deposit with the Borough Clerk a sum, in cash, to be determined in
accordance with the following schedule:
|
Type of Road
|
Charge per square foot
|
Additional Charge for square feet in excess of 10 or less square
feet
|
|---|---|---|
|
Earth
|
$100
|
$2
|
|
Blacktop
|
$150
|
$3
|
|
Reinforced concrete
|
$200
|
$5
|
|
Concrete sidewalk
|
$100
|
$3
|
|
Other concrete
|
$100
|
$4
|
|
Topsoil and seep (each square foot)
|
$2
|
B.
Said sum shall be deposited to assure the proper repairs, reconstruction
or restoration of the roads, streets, avenues, highways or rights-of-way
and, after final approval of said repairs or reconstruction, shall
be returned to the applicant, less any additional charges against
the same as hereinafter provided.
C.
In lieu of said cash deposit, a public utility company may post and
maintain with the Borough Clerk a performance bond in the minimum
amount of $5,000. Said bond shall be conditioned upon the proper repair,
reconstruction and restoration of any and all roads, streets, avenues,
highways or rights-of-way which are the subject of any and all applications
of said utility. The form and sufficiency of such bond shall be subject
to the approval of the Borough Attorney. The posting of such bond,
however, shall not exempt such applicant from making an application
for each and every obstruction, encroachment, encumbrance, tunneling,
cutting, breaking, excavation or opening or from complying with the
provisions of this article.
A.
If the application and plan conform to the requirements of this article,
and the work to be performed is in accordance with the current New
Jersey State Highway Specifications, and is approved by the Borough
Engineer and/or Director of Public Works, the Borough Clerk shall
issue the permit upon receipt of the following:
B.
Performance and maintenance guaranty. Prior to the issuance of a
permit, the applicant shall deposit a performance and maintenance
guaranty as follows:
(1)
Amount. The amount of the guaranty required will be determined by
the Borough Engineer and or Director of Public Works and will be set
forth on the latest permit application form at the time of the application
submission.
(a)
For any excavation less than or equal to 36 square feet in surface
area, the performance guaranty shall be $1,500, regardless of its
location within the right-of-way.
(b)
For any excavation greater than 36 square feet, the amount shall
be computed by the Borough Engineer based on the costs for the Borough
to make the repairs at the wage rates promulgated by the state.
(c)
An annual blanket bond in the amount of $20,000 may be posted
to avoid the inconvenience and expense of obtaining individual bonds
for each permit requested.
(2)
Form. The form of the guaranty shall be subject to the review and
approval of the Borough Attorney and shall be issued by an institution
authorized to transact business in the State of New Jersey.
(3)
Maintenance. The guaranty shall encompass a maintenance guaranty
once the permanent restoration has been completed and accepted by
the Borough. Upon completion of final and permanent restoration and
acceptance by the Borough, the performance guaranty will be returned
subject to a maintenance guaranty of 50% of the performance guaranty
amount being posted. The maintenance guaranty shall remain in effect
for a two-year period of time. The guaranty shall be released to the
permit holder upon satisfactory completion of all restoration and
repairs during the two-year maintenance. The maintenance period shall
commence after final inspection of the work performed under the permit
and the acceptance of the work by the Borough.
(4)
Utilities. For all utilities under the jurisdiction of the Board
of Public Utilities, a blanket corporate bond acceptable to the Borough
Attorney in the amount of $25,000 may be deposited with the Borough
in full force and effect in lieu of a separate bond for each required
permit as surety for the performance and maintenance period. The maintenance
period shall be for a period of two years and shall commence after
the final inspection of the work perforated under the permit ad the
acceptance of the work by the Borough.
C.
Inspection fees. Prior to the issuance of a permit, the applicant
shall make a deposit for inspections fees in an amount to be determined
by the Borough Engineer and/or Director of Public Works.
(1)
The amount shall be calculated at 5% of the total site improvement
cost, including excavation and restoration or based on the number
of hours spent by the Borough Engineer and/or Director of Public Works
to inspect the work covered under the permit, computed at his/her
hourly rate, whichever is greater.
(2)
In no case shall the amount of inspection escrow be less than $500.
This minimum amount shall be paid on a lump-sum basis.
(3)
Inspection escrows greater than $500 will be paid on a time-and-material-basis,
and any remaining escrow shall be returned to the applicant.
A.
Upon such notice to the Director of Public Works, or his designee
as he may prescribe, and under his inspection, the contractor or permittee
securing the permit thereunder, immediately and no longer than five
days after completing the work necessitating the obstruction, encroachment,
encumbrance, tunneling, cutting, breaking, excavation or opening,
shall refill, properly stamp, compact and restore the same with a
temporary cover consisting of gravel not less than eight inches in
depth and then with two inches of cold patch (except in the case of
earth or gravel roads). All fill or backfill must be approved and/or
specified by the Director of Public Works or his designee. No clay
soil shall be permitted for use as backfill and any unsuitable excavated
soils shall be replaced in backfilling with gravel. Thereafter, and
not less than 60 days from completion of the temporary cover, the
contractor approved by the Director of Public Works or his designee
shall make final and permanent repair, reconstruction or restoration.
B.
After final and permanent repairs, reconstruction or restoration
is made, the contractor or permittee shall notify the Director of
Public Works or his designee of the same, whereupon the Director of
Public Works or his designee shall make the inspection. Thereafter,
if at the end of a period of four months from the completion of the
final and permanent repairs, reconstruction or restoration, no defects
in the contractor's or permittee's work appear, upon request
of the applicant and final approval by the Director of Public Works
or his designee, the cash deposit may be returned to the applicant.
The permittee shall immediately, after completing the work,
refill, properly tamp and restore the excavation or opening with a
temporary paving cover as follows: 10 inches of compacted gravel (Type
5A) in all areas and two inches of approved bituminous temporary patch
material (cold patch) in paved cartways. The temporary paving cover
shall be left in place and maintained by the applicant for a minimum
of 90 days and a maximum of 120 days, after which the temporary paving
cover and required portion of compacted gravel shall be removed and
replaced with the final paving required by the Director of Public
Works. Improvements to the temporary paving that are deemed necessary
due to settlement prior to approval for final paving shall reset the
minimum number of days for temporary paving to be maintained by the
permittee to 60 days from the date of repair.
Final paving is to comply with the requirements in the New Jersey
Department of Transportation (NJDOT) Standard Specifications for Road
and Bridge Construction 2007, as amended by the latest addendum of
the NJDOT, herein referred to as "NJDOT Standard Specifications."
A lesser specification may be allowed after review by the Director
of Public Works.
A.
Surface restoration:
(1)
No permittee shall commence final restoration until the Director
of Public Works has determined that settlement of the subsurface is
complete and the area properly prepared for restoration.
(2)
For service connections and trenches perpendicular to the roadway,
the street surface shall be permanently restored 12 inches beyond
the excavation on all sides by milling the surface surrounding the
excavation to a depth of two inches to extend the surface course restoration.
The permanent restoration shall consist of a minimum of six inches
of dense graded aggregate, four inches of bituminous stabilized base
course and two inches of FABC-1 surface course applied with appropriate
tack coat to the adjacent pavement surface or a pavement cross section
consistent to the existing pavement section.
(3)
For all other openings within the right-of-way:
(a)
The permanent restoration shall consist of a minimum of six
inches of dense graded aggregate, four inches of bituminous stabilized
base course and two inches of FABC-1 surface course.
(b)
The surface restoration shall extend the whole width of the
travel lane disturbed by the excavation.
(c)
For road openings down the center of the cartway, surface restoration
shall extend across the full width of the paved road (both travel
lanes).
(4)
The permittee is responsible for the full restoration of the roadway
surface, including restriping and installation of raised pavement
markings, speed humps and signage.
(5)
Any concrete sidewalks disturbed, damaged or disrupted during the
excavation or trench opening shall be replaced with concrete sidewalk
conforming to all applicable standards of the Borough of West Wildwood.
In the case of exposed aggregate or other decorative sidewalk, the
contractor shall duplicate as close as possible the existing condition.
(6)
Where concrete curbing and/or gutters are disturbed, damaged or removed,
curbing and gutters of the exact configuration as the existing shall
be constructed. Concrete shall be portland cement concrete, air-entrained,
conforming to the NJDOT Standard Specifications for Class B concrete,
and shall have a minimum compressive strength of 4,000 pounds per
square inch after 28 days.
(7)
All topsoiled, seeded or otherwise unpaved areas disturbed in the
course of the work shall be topsoiled with a minimum thickness of
not less than four inches of loam-type topsoil. Fertilizer, lime and
other soil conditioners needed to promote the proper growth of grass
shall be incorporated and thoroughly worked into the topsoil. Seed
or sod of species suitable for growth in the location and environment
and conforming to the requirements of the NJDOT Standard Specifications
shall be placed in all unpaved areas.
(8)
All gravel shoulder areas disturbed during excavation or trench opening
shall be restored and graded to provide and maintain the proper flow
of drainage and to provide adequate lateral support of the abutting
pavement structure. The gravel material shall be soil aggregate, Type
1-6, conforming to the requirements of NJDOT Standard Specifications,
Section 901. The soil aggregate or gravel shall be a minimum thickness
of not less than eight inches compacted thickness.
(9)
All concrete drive aprons disturbed during the course of excavation
or trench opening shall be replaced in accordance with all applicable
standards for concrete drive aprons, as set forth in the West Wildwood
Borough ordinances, and shall be constructed of portland cement concrete,
air-entrained, Class B concrete, having a twenty-eight-day compressive
strength of 4,000 pounds per square inch and a minimum concrete thickness
of six inches.
(10)
In the event of the failure to restore the street opening properly
within a reasonable time after the opening has been made or to maintain
the restored street properly for a period of one year from the date
of the aforesaid certificate of proper restoration, the Borough may,
upon two weeks' notice to the person receiving the permit, undertake
the restoration or maintenance work and have recourse to deposit for
compensation.
A.
If, at the end of or during the said four-month period, any settlement
occurs or any defects appear, the Director of Public Works or his
designee shall notify the contractor or permittee, by ordinary mail
at the address given on the application, to correct the condition
within 10 working days of the notice and complete a new temporary
cover after which the final repairs, reconstruction or restoration
shall again be made as hereinabove provided. An additional application
of $20 shall be charged or deducted from any cash sums placed on deposit
by the applicant for such additional inspections.
B.
In the event that the contractor or permittee shall fail to proceed
to correct the conditions as required within the time stipulated and
there are cash moneys on deposit, then the Borough may make said corrections
and all finds on deposit shall, without further notice, be credited
to the general revenues of the Borough to defray the cost of work
required to be performed by the Borough or, if there is a bond posted,
said bond shall be declared in default and appropriate action shall
be taken thereon by the Borough.
Each obstruction, encroachment, encumbrance, tunneling, cutting,
breaking, excavation or opening shall be the subject of a separate
application and, unless written approval is obtained from the Director
of Public Works or his designee, no person shall be permitted to obstruct,
excavate, tunnel, cut, break or open a road, street, avenue, highway
or right-of-way for a greater distance than 300 feet at one time or
keep the same opened for a longer period than one week. In no event
shall a permit hereunder be valid for a period of time in excess of
60 days after its issuance without the written approval of the Director
of Public Works or his designee.
No permit shall be issued to an applicant unless the applicant
shall have presented satisfactory proof to the Borough Clerk in the
form of a written statement either:
A.
That said applicant has complied with the requirements of N.J.S.A.
2A:170-69.4 in first ascertaining, in the manner prescribed in said
statute, whether any pipe distributing or transmitting manufactured,
mixed or natural gas or synthetic natural gas, liquefied natural gas
or propane gas is within 200 feet of the location of the place of
an excavation, tunneling, cutting, breaking or opening; or
B.
That said applicant is exempted from compliance therewith under the
provisions of said statute.
No permit shall be issued until the applicant has furnished
the Clerk 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 injuries to one person
in the same accident; and $300,000 for more than one person in the
same accident; and an aggregate of $100,000 for property damage for
a single accident.
All obstructions, encroachments, encumbrances, tunneling, breaks,
excavations and openings shall conform in size to the application
on which the permit is based and shall be performed in neat, even
and rectangular sections. Any deviation from the application shall
be documented and submitted to the Director of Public Works or his
designee within 10 days of the occurrence of the deviation for his
review and approval. All excavations to a depth of six feet or more
and other such excavations as may be designated by the Director of
Public Works or his designee shall be shored and braced to support
the walls of the trench for the protection of workmen and to prevent
the unintentional widening of the trench.
A.
The applicant and contractor shall conform to all Occupational Safety
and Health Administration requirements. It shall be the duty and responsibility
of the contractor and permittee hereunder engaging in the activity
for which a permit is required to place and maintain barriers and
warning devices necessary for the safety of the general public. Barriers,
warning signs, lights, etc., shall conform to the requirements of
the Director of Public Works, the Police Chief, and the Borough Engineer.
Warning lights shall be utilized to indicate any hazard to traffic
and pedestrians from sunset of each day to sunrise of the next day
and shall be visible at a reasonable distance for safety. All earth,
dirt, building materials, appliances and equipment, which may constitute
a hazard or danger to safety, shall be lighted.
B.
The contractor or permittee shall also take appropriate measures
to assure that, during the performance of the work or activities for
which a permit is issued, traffic conditions as near normal as possible
shall be maintained at all times so as to minimize inconvenience to
the occupants of adjoining properties and to the general public.
C.
All materials excavated from trenches and piled adjacent to the trench
or in any road, street, etc., shall be piled and maintained in such
a manner as not to endanger those working in the trench, pedestrians,
traffic, users of the roads and streets, and so that as little inconvenience
as possible is caused to those using the roads, streets, and sidewalks,
and adjoining property owners.
D.
As the work or activity for which a permit was issued progresses,
all roads, streets, avenues, highways, rights-of-way and surrounding
areas shall be thoroughly cleared of all rubbish, excess earth, rock,
materials and other debris. All cleanup operations at the location
shall be accomplished at the expense of the contractor or permittee
and shall be completed to the satisfaction of the Director of Public
Works or his designee. Upon the failure to properly clean up within
24 hours after notice from the Director of Public Works or his designee,
the Director of Public Works may clean up and the cost therefor may
be charged against the contractor or permittee or deducted from any
sums deposited.
E.
The applicant and contractor shall be fully responsible for any and
all damage or injury to person or property occasioned in any manner
by reason of the obstruction, encroachment, encumbrance, tunneling,
cutting, breaking, excavation or opening and the work performed incidental
thereto.
In cases of emergency involving underground gas, water, sewer,
telephone or electrical facility or other emergency determined with
approval, by the Department of Public Works Director or the Borough
Engineer, where immediate repair is necessary to prevent loss or damage
to streets or property or discontinuance of service or for the preservation
of life and property, it shall not be necessary to obtain a permit
before commencing such repair. In no event shall such emergency procedure,
however, exempt said person from any other provision of this article.
A.
In an appropriate case of an application of a public utility for
the installation, removal, replacement or maintenance of utility poles
in the right-of-way where the cartway will not be disturbed, damaged
or substantially affected and where said activities will not create,
constitute or result in a hazard or conditions detrimental to the
public health, safety and welfare, the Borough Clerk, with the approval
of the Director of Public Works or his designee, may waive compliance
by the said utility with such of the terms of this article as may
be deemed inappropriate to the accomplishment of the intent and purposes
of this article.
B.
The Borough Clerk, with the approval of the Director of Public Works
or his designee, may waive compliance with the terms of this article
in the case of an application by a federal, state, county or municipal
governmental body, department, agency or authority.
The Director of Public Works or his designee shall make such
inspections as are reasonably necessary in the enforcement of this
article and the said Director shall have authority to promulgate and
cause to be enforced such rules and regulations as may be reasonably
necessary to enforce and carry out the intent of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to one or more of the following:
a fine of not more than $2,000, imprisonment for not more than 90
days or a period of community service for not more than 90 days. Each
and every day that such violation shall continue shall be a further
and separate offense under the terms of this chapter, subject to the
penalties herein prescribed.
The following words shall for the purpose of this article be
defined and interpreted to have the following meanings:
Any person who makes an application for a permit.
The Borough of West Wildwood in the County of Cape May.
The Clerk of the Borough of West Wildwood, in the County
of Cape May.
The person duly appointed Director of Public Works or any
person authorized to act as his or her representative.
Any unforeseen circumstances or occurrence which constitutes
an immediate danger to any person or property.
The person duly appointed as the Borough Engineer for the
Borough of West Wildwood, in the County of Cape May.
Any excavation or penetration in the surface of any street
that may be made by digging into, breaking into or otherwise opening
or disturbing the surface of any street.
An authorization in writing issued by the Clerk to an applicant
authorizing the applicant to make an opening in a street.
Any person to whom a permit has been issued pursuant to an
application as provided for in this article.
Any natural person, partnership, firm, association, utility,
corporation, authority created pursuant to statute, or other entity
or municipal entity. The word "person," when used in connection with
any provision of this article prescribing a penalty, shall, as applied
to associations and partnerships, mean the members or partners thereof
and, as applied to corporations, shall mean the officers of the corporations.
Any public street, public easement, public right-of-way,
public highway or public road accepted or maintained by the Borough
of West Wildwood, in the County of Cape May, or over which the Borough
may have acquired jurisdiction by agreement.
