[Adopted 8-27-1991 by Ord. No. 31-91 (Sec. 16-3 of the 1971
Code)]
This article shall be known and may be cited
as the "Street Excavation Ordinance of the City of Long Branch."
A.
APPLICANT
EMERGENCY
EXCAVATION WORK
PERMITTEE
PERSONS
STREET
Definitions. For the purposes of this article, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
Any person making written application to the Director of
the Department of Public Works for an excavation permit hereunder.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger or hazard to person
or property.
The excavation, removal, replacement, repair, construction
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include, but are not limited to, curbs, sidewalks, driveways and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels and headwalls existing within the
public right-of-way. For the purposes of this article, that work which
is being performed outside of the public right-of-way but which requires
the storage of materials or the operation of equipment within the
public right-of-way in such a manner as may cause damage will also
be deemed excavation work. The term "excavation work" shall also include
the construction, addition, installation or other provision of the
whole or portions of the improvements within a public street, drainage
right-of-way or other public way or public grounds by persons other
than those exempted from the provisions of this article, including
privately sponsored construction of curbing, sidewalks, pavement extensions,
aprons, drainage or any other portions of the public improvements.
Any person who has been issued a permit pursuant to the terms
and conditions of this article and who is obligated to fill all the
terms of this article.
Any person, firm, partnership, association, corporation,
company or public or private organization of any kind.
Any public street, highway, sidewalk, alley, public easement,
public right-of-way or public grounds accepted or maintained by the
city and any state or county road over which the city may have acquired
jurisdiction by agreement.
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
A.
It shall be unlawful for any person to perform any
excavation work, as defined herein, or to dig up, break, excavate,
tunnel, undermine or in any manner break up any street or to make
or cause to be made any excavation in or under the surface of any
street for any purpose or to place, deposit or leave upon any street
any earth or other excavated material obstructing or tending to interfere
with the free use of the street or dig up, break, excavate or undermine
or in any way affect any other public improvement within a public
right-of-way, unless such persons shall first have obtained a permit
therefor from the City Council of the City of Long Branch as herein
provided.
B.
This section shall not apply to corporations having,
by their charters or under the laws of this state, authority to excavate
or open the surface of streets or roads without the consent of the
municipal or local authorities, so far as concerns the uses and purposes
to which such authority extends, but shall in other respects apply
to such corporations in full force.
A.
No excavation permit shall be issued unless a written
application for the issuance of an excavation permit is submitted
to the Director of Public Works on the form provided by the City of
Long Branch and signed by the applicant performing the work. The form
must be completed in such a fashion as to contain a clear and definite
description of the name, address and telephone number of the applicant;
the nature, scope, location and purpose of the excavation, together
with the approximate size of the opening to be made in a sketch which
clearly shows the location and dimensions of the proposed opening;
the proposed dates of commencement and completion of the excavation,
which date shall be the expiration date of any permit issued pursuant
to the application; and such other data as may be reasonably required
by the Department of Public Works, including complete plan, profile
and details of any proposed curb, sidewalk, pavement or other proposed
improvement or structure being installed. Upon receipt of the application,
the Director of Public Works may refer the same to the office of the
City Engineer for comments within five business days of receipt of
a completed application. All comments shall be made and the application
returned to the Director of Public Works with a recommendation of
approval or disapproval (and the reasons therefor) within seven days
of the receipt of the application by the City Engineer. The Director
of Public Works shall issue all approved permits within three days
of receipt of the comments by the City Engineer or the expiration
of the seven-day comment period, whichever occurs first.
B.
Work on any opening to be made under the permit provided
for herein shall commence within 30 days from the date of the permit
and prosecuted with diligence until its completion. If for any reason
the work is not started within this period, the permit shall be void,
and any portion of the application fee in excess of the twenty-five-dollar
minimum shall be refunded to the applicant, together with any unused
portion of its cash repair deposit or performance bond.
A.
Application for permit.
(1)
Application for a permit shall be made on written
forms provided by the Director of Public Works with:
(2)
A permit will be issued by the Director of Public
Works, or his duly designated representative, provided that all local
regulations are complied with.
B.
Deposit. Each applicant prior to the receipt of a
permit shall provide the city with an acceptable performance bond
in the sum of $5,000 or more, at least 10% of which shall be paid
in cash, at the discretion of the Director of Public Works, to guarantee
faithful performance of the work authorized by a permit granted pursuant
to this chapter.
A.
The Director of Public Works shall provide each permittee
at the time a permit is issued hereunder a suitable placard plainly
written or printed in English letters at least two inches high with
the following notice: "City of Long Branch, Permit No. _____________,
expires ______________," and in the first blank space there shall
be inserted the number of said permit and after the word "expires"
shall be stated the date when said permit expires. It shall be the
duty of any permittee hereunder to keep the placard posted in a conspicuous
place at the site of the excavation work. It shall be unlawful for
any person to exhibit such placard at or about any excavation not
covered by such permit or to misrepresent the number of the permit
or the date of expiration of the permit.
B.
In lieu of a performance bond per job, any utility
regulated by the BPU or any contractor expecting to request multiple
permits per year may post a blanket performance guaranty in the minimum
sum of $5,000 with the city on an annual basis. In the event that
the City Engineer determines that the cost of proper restoration of
the area disturbed and pavement surface will exceed the amount of
the blanket bond, an additional bond for that particular job, in an
amount to be determined by the City Engineer, shall be posted by the
permittee prior to the issuance of any permit(s).
A.
The permittee shall take appropriate measures to ensure
that during the performance of the excavation work traffic conditions
shall be maintained as nearly normal as practicable at all times so
as to cause as little inconvenience as possible to the occupants of
the abutting property and to the general public, provided that the
Department of Public Works, with the approval of the Traffic Safety
Officer, may permit the closing or partial closing of streets to all
traffic for a period of time prescribed as necessary. The permittee
shall route and control traffic, including its own vehicles, as directed
by the City Police Department. The following steps shall be taken
before any street may be closed or restricted to traffic:
(1)
The permittee must receive the approval of the Police
Department therefor.
(2)
The permittee must notify, in writing, the City Fire
Commissioner, first aid squad, and Board of Education, prior to any
detouring or restricting of traffic.
(3)
Upon completion of construction work, the permittee
shall notify, in writing, the City Police Department, fire company,
first aid squad, and Board of Education before traffic is moved back
to its normal flow so that any necessary adjustments may be made.
(4)
The permittee shall provide traffic directors and/or
police officers and related equipment (i.e., signs, cones, etc.) for
traffic control and direction of traffic at the street excavation
site during the course of the excavation. The permittee shall pay
all costs associated with the use of any private traffic directors
or the use of Long Branch police personnel, if they are required during
the course of the excavation, and any work performed in connection
therewith and during cleanup operations. The City Council may relax
or modify the requirements of this section in its discretion, upon
application by the permittee.
B.
Through traffic shall be maintained without the aid
of detours, if possible. In instances in which this would not be feasible,
the Director of Public Safety, the City Traffic Officer, or his designee,
will designate detours. The city shall maintain roadway surfaces of
existing roadways designated as detours without expense to the permittee,
but in case there are no existing highways, the permittee shall construct
all detours at its expense and in conformity with the specifications
of the City Engineer. The permittee shall be responsible for any damage
caused to any roadways by the operation of its equipment.
The excavation work shall be performed and conducted
so as not to interfere with access to fire stations and fire hydrants.
Materials or obstructions shall not be placed within 15 feet of fire
hydrants. Passageways leading to fire escapes or fire-fighting equipment
shall be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable
barriers to confine to a minimum the encroachment of earth from trenches
or other excavations upon highways. The permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular pedestrian traffic
at all street intersections. Vehicular crossings shall be constructed
and maintained of plank, timbers, steel sheet and blocking of adequate
size to accommodate vehicular traffic safety. Decking, if timber,
shall be not less than four inches thick and shall be securely fastened
together with heavy wire and staples. Pedestrian crossings shall consist
of planking three inches thick, 12 inches wide and of adequate length,
together with necessary blocking. The walk shall be not less than
three feet in width and shall be provided with a railing on both sides.
The permittee shall not interfere with any existing
utility without the written consent of the utility company or person
owning the utility. If it becomes necessary to remove an existing
utility, this shall be done by its owner. No utility owned by the
city shall be moved to accommodate the permittee unless the cost of
such work shall be borne by the permittee. The cost of moving privately
owned utilities shall be similarly borne by the permittee unless it
makes other arrangements with the owner of the utility. The permittee
shall support and protect, by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work and do everything necessary to support, sustain
and protect them under, over, along or across said work in accordance
with the applicable statutory provisions. In case any said pipes,
conduits, poles, wires or apparatus should be damaged, they shall
be repaired by the agency or owner, and the expense of such repairs
shall be borne by the permittee, and his or its bond shall be liable
therefor. The permittee shall be responsible for any damage done to
any public or private property by reason of the breaking of any water
pipes, sewer, gas pipe, electric conduit or other utility, and its
bond shall be liable therefor. The permittee shall inform itself as
to the existence and location of all underground utilities and protect
the same against damage.
The permittee shall, at all times and at his
or its own expense, preserve and protect from injury any adjoining
property, providing property foundations and taking other measures
suitable for the purpose. Where, in the protection of such property,
it is necessary to enter private property for the purpose of taking
appropriate protective measures, the permittee shall obtain permission
from the owner of such private property for such purpose. The permittee
shall, at its own expense, shore up and protect all buildings, walls,
fences or other property likely to be damaged during the progress
of the excavation work and shall be responsible for all damage to
public or private property or highways resulting from its failure
properly to protect and carry out said work. Whenever it may be necessary
for the permittee to trench through any lawn area, the sod shall be
carefully cut and rolled and replaced after ditches have been backfilled
as required in this article. All construction and maintenance work
shall be done in a manner calculated to leave the lawn area clean
of earth and debris and in a condition as nearly as possible to that
which existed before such work began. The permittee shall not remove,
even temporarily, any trees or shrubs which exist in parking strip
areas or easements across private property without first having notified
and obtained the consent of the property owner or, in the case of
public property, the appropriate city department or city official
having control of such property.
Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
over said excavation on the line of the sidewalk, which bridge shall
be at least three feet wide and securely railed on each side so that
foot passengers can pass over safely at all times. This requirement
may be waived by the Department of Public Works if found unnecessary
or unreasonable because of the nature of the excavation or conditions
affecting the same.
A.
The permittee shall erect and maintain, approaching
and throughout the site of the excavation work, such signs, lights,
barricades and other protective devices as are required. In the absence
of specific written direction by the Police Department, all signs
shall be provided as required by the Manual on Uniform Traffic Control
Devices section concerning construction signing, as published by the
United States Department of Commerce.
B.
Should the City Police Department at any time determine
that the permittee has failed to provide all required signs and protective
devices in accordance with the directions of the Police Department
and/or the requirements of the previously mentioned Manual on Uniform
Traffic Control Devices, the city may provide and erect or cause the
provision and erection of such required signs, barricades and traffic
control devices, and the cost thereof may be deducted from the cash
repair deposit provided by the applicant or may be billed directly
to the applicant by the city. If such billing is made and not paid
by the applicant within 15 working days after such billing, the amount
may be deemed due and recoverable from the applicant's cash deposit
or surety.
C.
The city shall normally provide the applicant with
24 hours' notice of its intention to provide any such required signs,
barricades and traffic control devices and its intention to bill the
applicant the cost thereof, to deduct the cost thereof from the applicant's
cash repair deposit or to recover the cost thereof from the applicant's
surety, except that in case of immediate emergency or hazard to the
public health or safety, the city may cause the provision and erection
of such devices without notice.
D.
The permittee shall erect such fence, railing or barriers
about the site of the excavation work as shall prevent danger to persons
using the street or sidewalks, and such protective barriers shall
be maintained until the work shall be completed or the danger removed.
At twilight there shall be placed and maintained upon such place of
excavation and upon any excavated materials or structures or other
obstructions to streets suitable and sufficient lights as approved
by the Director of Public Works and/or the City Police Department,
which shall be kept burning throughout the night during the existence
of such obstructions. It shall be unlawful for anyone to remove or
tear down the fence or railing or other protective barriers or any
lights provided there for the protection of the public at twilight.
Excavations of any traveled portion of the roadway shall be backfilled
so as to allow vehicular traffic to proceed on the roadway unless
otherwise directed by the City Engineer.
It shall be unlawful for the permittee to suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device having the characteristics
of an attractive nuisance likely to attract children and to be hazardous
to their safety or health.
All material excavated from trenches and piled
adjacent to the trench or in any street shall be piled and maintained
in such manner as not to endanger those working in the trench, pedestrians
or users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the city shall have the authority to require
that the permittee haul the excavated material to a storage site and
then rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and to make all necessary arrangements for all required storage and
disposal sites.
All damage done to existing improvements during
the progress of the excavation work shall be repaired by the permittee.
Materials for such repairs shall conform with the requirements of
any applicable code or ordinance. If, upon being ordered, the permittee
fails to furnish the necessary labor and materials for such repairs,
the Department of Public Works shall require said labor and materials
to be furnished, and the cost shall be charged against the permittee,
and the permittee shall also be liable on his or its bond therefor.
Property lines and limits or assessment shall
be indicated on the plan of excavation submitted with the application
for the excavation permit, and it shall be the permittee's responsibility
to confine excavation work within these limits.
As the excavation work progresses, all streets
and private properties shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All
cleanup operations at the location of such excavation shall be accomplished
at the expense of the permittee and shall be completed to the satisfaction
of the Department of Public Works. From time to time as may be ordered
by the Department of Public Works and, in any event, immediately after
completion of said work, the permittee shall at his or its own expense
clean up and remove all refuse and unused materials of any land resulting
from said work, and upon failure to do so within 24 hours after having
been notified to do so by the city, said work may be done by the city
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the cash repair deposit
and/or surety bond provided hereunder.
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as it found them
or shall make such provisions for them as the Department of Public
Works may direct. The permittee shall provide for environmental protection
for streams and watercourses. The permittee shall not obstruct any
drainage facility on any street, but shall use all proper measures
to provide for the free passage of surface water. The permittee shall
make provisions to take care of all surplus water, muck, silt, sticking
or other runoff pumped from excavations or resulting from sluicing
or other operations and shall be responsible for any damage resulting
from its failure to so provide.
Whenever it is necessary to break through existing
pavement for excavation purposes and where trenches are to be four
feet or more in depth, the base pavement shall be removed to at least
six inches beyond the outer limits of the subgrade that is to be disturbed
in order to prevent settlement, and a six-inch shoulder of undisturbed
material shall be provided in each side of the excavated trench. The
face of the remaining pavement shall be approximately vertical. A
power-driven concrete saw shall be used so as to permit removal of
concrete pavement or base without ragged edges. Asphalt paving shall
be scored or otherwise cut in a straight line prior to removal. No
pile driver or mechanical hammer may be used in breaking up pavement.
Tunnels under pavement shall not be permitted
except by permission of the Department of Public Works. If permitted,
tunnels shall be adequately supported by timbering and backfilling
under the direction of the City Engineer.
A.
Prior to excavation, all trench openings shall be
neatly saw cut. Unless specifically allowed, in writing, by the Department
of Public Works under unusual circumstances, no excavation work area
shall remain open overnight. In the event that any excavation work
area is permitted to remain open overnight, the permittee shall be
responsible for taking appropriate steps to properly block off the
excavation work area and give adequate warning to anyone approaching
the same on foot or any vehicle of any type, including but not limited
to the use of lighting, reflective materials and barricades. All safety
devices provided shall be inspected and approved prior to their installation
by the Director of Public Works and/or Police Department.
B.
Unless otherwise provided by the Department of Public
Works, the contractor shall backfill all trenches at the end of each
working day with suitable materials from the trench excavation or
with granular borrow material. Rocks larger than six inches may not
be included in backfill. If the Department of Public Works determines
the existing material is unsuitable, select off-site granular material
shall be provided. Backfill material shall be deposited in layers
and mechanically compacted to a minimum 90% Modified Proctor Density.
The densities shall be based upon the latest Standard Test Methods
for Moisture-Density Relations of Soils and Soil Aggregate Mixtures
using ten-pound Rammer and eighteen-inch Drop, ASTM Designation D-1557.
In lieu of mechanical compaction in lifts, compaction by water-jetting
or puddling may be used with written permission from the Department
of Public Works. If the use of either of these methods is proposed,
the contractor shall submit full details of the methods he intends
to employ for approval. Consolidation will not be acceptable as a
method to achieve the soil densities specified.
C.
The backfilling, replacement of subbase and installation
of base course shall be completed within 24 hours after commencement
of work. Exceptions to the above time limits may be permitted by the
Department of Public Works if it is impractical to complete the work
within this time or safety dictates a shorter completion period.
A.
Restoration procedure.
[Amended 5-11-1993 by Ord. No. 16-93]
(1)
Once the excavation work area has been properly saw
cut and the backfill tamped and compacted, the permittee shall install
no less than six inches of bituminous stabilized base course to the
trench surface. If the distance from the edge of the excavation work
area to the existing curb is less than two feet, the permittee shall
be required to excavate to the curb and evenly install six inches
of bituminous stabilized base course in the entire area.
(2)
The partially restored pavement shall be allowed to
settle for no less than 90 and no more than 180 days. If at any time
during the settlement period the trench becomes unacceptable as determined
by the Director of Public Works, the permittee shall be notified of
the condition requiring repair, and such repair shall be performed
within 24 hours of such notification by the Director of Public Works.
If the repair is not made in the time specified, the city may make
the repair, and any cost thereof will be charged against the permittee's
cash repair deposit and/or maintenance bond. At the end of the period
of time of settlement required by the Department of Public Works,
an inspection shall be performed by the Department.
(3)
At this time, the permittee shall be required to mill the excavation work area surface as specified in § 297-35A(4) below and install no less than two inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot-poured, rubber asphalt joint sealer (per section 908 of DOT Standard Specifications for Roads and Bridges).
[Amended 9-23-1998 by Ord. No. 31-98]
(4)
Unless authorized by the Department of Public Works,
all excavations shall require milling and restoration of the excavation
work area extending from the curb to the center line of the road or
a minimum of one foot beyond the outer edges of the excavation, whichever
is greater. If the excavation work area will be within 200 feet or
more of a previous excavation made within one year (by the same permittee
along the same side of the road), the permittee shall be required
to mill and restore between the outermost excavation from the center
line of the roadway to the curb.
[Amended 9-23-1998 by Ord. No. 31-98]
(5)
The permittee shall be required to replace any facilities,
including but not limited to curb, pavement, sidewalk, line striping,
etc., that are affected by the excavation and restoration work, at
the permittee's expense. Such work shall be performed according to
city standards.
(6)
With Department of Public Works approval, the center
line of road milling and restoration may be offset by the distance
necessary to avoid disturbing the existing line striping or markers.
[Amended 8-8-1995 by Ord. No. 31-95]
B.
Maintenance procedures.
(1)
When final pavement restoration is approved, as required in Subsection A above, the Department of Public Works shall notify the City Clerk, in writing, that he may release the cash repair deposit or performance guaranty posted by the permittee at the onset of the project, subject to the retainage requested hereinbelow. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to repair any adjacent structures, including but not limited to curb, pavement and sidewalk, that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the City Clerk shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year maintenance period.
(2)
If an inspection reveals that the restored excavation
work area becomes unacceptable, the Department of Public Works shall
notify the permittee that he must repair the area in accordance with
the aforementioned procedure within 30 days from the date of notification
or sooner if safety on public conveyances is involved. If the permittee
fails to repair the trench within this time, the Department of Public
Works shall notify the City Clerk, and he shall allow the city to
utilize the permittee's cash retainage and maintenance bond to pay
for the cost of repairing the excavation work area. If the restoration
costs exceed the maintenance bond, the permittee shall be liable for
said additional costs.
(3)
Upon the termination of the two-year maintenance period,
any remaining portion of said maintenance bond that has not been expended
shall be returned to the permittee without interest.
C.
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 existing pavement
shall be tamped into place, properly graded and topped with a minimum
of two inches of bituminous patch material 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 safe traveling condition until such time as permanent restorations
are made. If, in the judgment of the City Engineer, 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
the looseness of the earth or weather conditions or any other reason,
he may direct the permittee to lay a temporary pavement of steel plate
or other suitable material designated by him over such cut or excavation,
to remain until such time as the repair of the original pavement may
be properly made.
D.
Acceptance or approval of any excavation work by the
Department of Public Works or the City Engineer shall not prevent
the city from asserting a claim against the permittee and his or its
surety under the surety bond required hereunder for incomplete or
defective work if discovered within 24 months from the completion
of the excavation work. The presence of a representative of the Department
of Public Works or the City Engineer during the performance of any
excavation work shall not relieve the permittee of its responsibilities
hereunder.
E.
All finished
paving installed less than five years earlier shall be restored utilizing
infrared pavement repair technology approved by a representative of
the Department of Public Works or the City Engineer.
[Added 2-26-2020 by Ord. No. 10-20]
A.
If the permittee shall have failed to restore the
surface of the street to its original and proper condition upon the
expiration of the time fixed by such permit or shall otherwise have
failed to complete the excavation work covered by such permit or shall
fail to adhere to other requirements of this article, the city shall
have the right to do all work necessary to restore the street, to
eliminate violations and to complete the excavation work. The permittee
shall be liable for the actual cost thereof and 25% of such cost in
addition, for general overhead and administrative expenses. The city
shall have a cause of action for all fees, expenses and amounts paid
out and due it for such work and shall apply, in payment of the amount
due it, any funds of the permittee deposited as herein provided; and
the city shall also enforce its rights under any surety bond provided
pursuant to this article. The city will normally give the permittee
24 hours' notice of its intent to act, under the terms of this subsection,
to eliminate violations of this article or to restore the surface,
except that in the case of immediate danger to public health or safety,
certified to by the appropriate officials, no such notice will be
provided.
B.
It shall be the duty of the permittee to guarantee
and maintain the site of the excavation work in the same condition
it was prior to the excavation for one year after restoring it to
its original condition.
Except by special permission from the City Engineer,
no trench shall be excavated more than 150 feet in advance of pipe
laying or left unfilled more than 150 feet where pipe has been laid.
The length of the trench that may be opened at any one time shall
not be greater than the length of pipe and the necessary accessories
which are available at the site ready to be put in place during that
single working day. Trenches shall be braced and sheathed according
to generally accepted safety standards for construction work and/or
as prescribed by the City Engineer. Except with the written permission
of the City Engineer, no timber bracing, lagging, sheathing or other
lumber shall be left in any trench.
The permittee shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition, or as near as may be, as soon as practicable and,
in any event, not later than the date specified in the excavation
permit therefor.
If traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Department of Public Works
shall have full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
24 hours a day, to the end that such excavation work may be completed
as soon as possible.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any street breaks or bursts or
otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the owner or operator of
such sewer, main, conduit or utility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such owner or operator shall apply for an excavation permit
not later than the end of the next succeeding day during which the
Department of Public Works is open for business and shall not proceed
with permanent repairs without first obtaining an excavation permit
hereunder.
Each permittee shall conduct and carry out the
excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce, to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris, and during the hours of 9:00 p.m. and 7:00
a.m. shall not use, except with the express written permission of
the Department of Public Works, or in case of any emergency as herein
otherwise provided, any tool, appliance or equipment producing noise
of sufficient volume to disturb the sleep or repose of occupants of
the neighboring property. Dust shall be controlled by means of maintaining
the work area in a clean condition, cleaning and/or sweeping pavement
areas and applying calcium chloride.
The permittee shall not disturb any survey monuments,
hubs or pipes found on the line of excavation work until and unless
ordered to do so by the City Engineer.
A.
Forty-eight hours prior to the commencement of the
work, the permittee shall notify the Department of Public Works and
request that an inspector be present to supervise the excavation and
restoration. The permittee shall also notify all utility companies
within such time as they prescribe according to their rules and regulations,
prior to commencement of any work, in order to obtain appropriate
utility underground location information. No pavement surface restoration
shall be performed until the backfill operation is complete and approved
by the Department of Public Works.
B.
The Department of Public Works shall make any and
all inspections as are reasonably necessary in the enforcement of
this article.
Users of subsurface street space shall maintain
accurate drawings, plans and profiles showing the location and character
of all underground structures, including abandoned installations.
Two copies of as-built drawings shall be filed with the City Engineer
within 60 days after new installations, changes or replacements are
made.
The provisions of this article shall not be
applicable to any excavation work by employees of the city or by any
contractor of the city or agency or department of the city performing
work, for and in behalf of the city, necessitating openings of excavations
in streets. This section shall not be construed as exempting the Housing
Authority or the Sewerage Authority.
A.
A permittee, prior to the commencement of excavation
work hereunder, shall furnish to the City Clerk satisfactory certificates
of insurance indicating that the permittee has in force and will maintain
in force, during the performance of the excavation work and the period
of the excavation permit, public liability insurance of not less than
$300,000 for any one person and $1,000,000 for any one accident, and
property damage insurance of not less than $500,000, duly issued by
an insurance company authorized to do business in this state. The
city shall be named as an additional insured on the permittee's insurance
policy. In cases where the character or nature of the proposed excavation
work are such as to present an unusual hazard or a higher than normal
risk of damage or injury, the City Council may require the provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability shall be
referred, by the Department of Public Works, for the consideration
of the Council prior to the issuance of a permit.
B.
By the making of an application for a permit, the
permittee agrees to indemnify and save harmless the City of Long Branch
and its offices, agents and servants from and against any loss, injury
or damage (including the costs of providing a defense) resulting from
any negligence or the fault of the permittee in the case of work covered
by the permit. The permittee shall also indemnify and save harmless
the City of Long Branch (including the costs of providing a defense)
against any damage done to other utilities as the result of a road
opening.
This article shall not be construed as imposing
upon the city or any official or employee any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder; nor shall
the city or any official or employee thereof be deemed to have assumed
any such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Amended 10-27-1998 by Ord. No. 36-98]
For the violation of the provisions herein contained, the Director of Public Works may revoke the permit, and the excavation or opening and pavements may be restored by the City of Long Branch at the expense of the permittee. In addition, any person, firm or corporation found guilty in the Municipal Court of the City of Long Branch of a violation of the terms of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
[Added 5-11-1993 by Ord. No. 16-93]
A.
If requested by the Department of Public Works, the
permittees shall establish an engineering inspection escrow account
with the City Finance Officer. The account shall be for 5% of the
estimated cost of the project or $500, whichever is greater. The escrow
shall be used by the city to reimburse engineering fees associated
with the permittee's project.
[Amended 8-8-1995 by Ord. No. 31-95]
B.
In the event that charges deplete the escrow account
by more than 50% of the original submission, the permittee shall be
notified and requested to submit additional escrow sums in sufficient
amount to restore the escrow account to not less than 75% of the original
escrow deposit.
[Added 9-23-1998 by Ord. No. 31-98]
No permit shall be issued by the Director of
Public Works of the City of Long Branch which would allow an excavation
or opening of a paved or improved street surface less than five years
old unless the applicant can clearly demonstrate that public health
or safety requires that the proposed work be permitted or unless an
emergency condition exists.
[Added 9-23-1998 by Ord. No. 31-98]
If by special permission of the Director of
the Department of Public Works a permit is issued to open any paved
or improved street surface less than five years old, a penalty charge
shall be made for the opening, except that the penalty shall be waived
in the event that the work is of an emergency nature. The penalty
charge shall be equal to the sum of $300 for the first two years and
$150 for years three through five.
[Added 9-23-1998 by Ord. No. 31-98]
Within 30 days after the first day of January
each and every year, such person shall file with the Engineer a corrected
map or set of maps showing such installations, including all those
made during the previous year, to and including the last day of such
year. However, such person may at his own option elect to provide
corrected atlas sheets throughout the year as they are available rather
than proceed as noted above.
[Added 9-23-1998 by Ord. No. 31-98]
Each map herein shall be accompanied by an affidavit
endorsed thereon to the effect that the same correctly exhibits the
details required to be shown by this article.
