[Amended 12-18-2001 by Ord. No. 45-2001]
The governing body of the City finds and declares
that in order to protect the public health, safety and welfare it
is necessary to regulate the manner in which curbs, sidewalks and
streets are excavated. The governing body of the City further finds
and declares that problems of traffic control and safety occur when
excavation and restoration of curbs, sidewalks and streets take place.
It is the intent and purpose of this article to regulate the manner
in which these activities take place and to provide reasonable standards
for the performance of these activities.
The Director in charge of the Streets and Roads
Department is hereby authorized to promulgate rules and regulations
which are necessary to carry out the intent of this article and to
provide for its enforcement.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
The Commissioner who is the Director in charge of the Streets
and Roads Department.
The City Engineer or his designated representative.
Any area designated as a proposed future street that may
or may not in the future be accepted by the City which is recorded
on a plot located in the County Clerk’s office or shown on the
City Tax Maps and which has not been accepted or maintained by the
City as a public street.
[Added 5-20-2014 by Ord.
No. 21-2014]
A natural person, association, corporation, LLC, partnership,
trust, or other legal entity.
Any alley, highway, roadway, public way, easement or other
right-of-way accepted or maintained by the City as a public street,
as well as any state or county highway or street over which the City
has acquired jurisdiction by agreement.
A.
No person shall break the surface of, excavate, clear
or tunnel under any curb, sidewalk, street or paper street within
the City without first obtaining a permit from the City.
[Added 5-20-2014 by Ord.
No. 21-2014]
B.
In the event of an emergency which requires that any
of the aforesaid activities begin immediately, the application for
a permit shall be filed simultaneously with the commencement of the
work and the verbal approval of the City Engineer to proceed. When
the permit is issued it shall be retroactive to the date when the
work was commenced.
C.
All permits issued pursuant to this article shall
apply only to the person to whom the permit is issued and shall not
be transferable.
D.
If special circumstances exist, the City official
issuing the permit may impose special written conditions to which
the issuance of the permit shall be subject, provided they are not
inconsistent with these regulations.
E.
Work to be performed under a permit shall commence
within 90 days from the date the permit is issued. If the work is
not commenced within that time period, the permit shall automatically
be void. The permittee may request an extension of the time limit
by filing a written request with the City Engineer who is authorized
to extend the time limit for the permit for good cause.
F.
No person shall break the surface of, excavate, clear or tunnel under any paper street within the City without obtaining a permit from the City and securing approval from the City of Millville Planning Board in accordance with the requirements of Chapter 30 of this Code, Land Use and Development Regulations.
[Added 5-20-2014 by Ord.
No. 21-2014]
The permit fees required for any work connected
with a curb, sidewalk or street shall be paid to the City Clerk as
follows:
A.
Administrative fee: $50.
B.
Inspection fee: a base fee of $50, plus $25 for each
$1,000 estimated cost of construction or fraction thereof.
C.
Restoration fee for all City and county road conditions
shall be determined as follows:
|
Required Restored Condition
|
Base Fee
(4'x4')
|
Additional Charge Per Square Foot
| |
|---|---|---|---|
|
12" gravel subbase
| |||
|
4" MABC base
| |||
|
2" FABC
|
$125
|
$7
|
A.
Applications for all permits required for sewer and
water excavations shall be filed in writing with the Water Utility
Superintendent on a form provided by his office. Applications for
all other permits required by this article shall be filed in writing
with the City Engineer on a form provided by his office. Each application
shall provide the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property
abutting the area where the work is to be performed.
(3)
The block and lot number of the property to be benefited
by the work to be performed.
(4)
The name and address of the contractor or person who
is to perform the work.
(5)
The nature of the surface where the opening is being
made.
(6)
The character and purpose of the work proposed.
(7)
The time and date when the work is to be commenced
and completed.
(8)
The estimated cost of the proposed work.
(9)
The application shall be accompanied with five sets
of plans showing the exact dimensions and location of the excavation
area. The applicant shall supply, at a minimum, the length and width
of the excavation, the distance from the street opening to the center
line of the roadway being excavated, and the distance from the street
opening to the center line of the nearest intersecting street. The
Engineer may require additional information such as the line and grade
of the repair and the location of nearby utilities.
(10)
The application shall be accompanied by a statement
that the applicant agrees to notify the Engineer no later than 48
hours prior to the commencement of work and to obtain a utility markout
verification number by calling the underground utility markout telephone
number at least three business days prior to commencement of the excavation.
(11)
The application shall be accompanied by a statement
that the applicant agrees to restore the subgrade required by these
regulations immediately upon completion of the work. Furthermore,
the applicant shall place temporary patch in the opening as required
by these regulations.
(12)
The application filed by a utility company shall be
accompanied by a statement that the utility shall restore the curb,
gutter, sidewalk, and street and other appurtenant structures in the
right-of-way of the City to the condition that existed prior to the
commencement of the work.
B.
The application shall be filed with the appropriate
City official before any work is commenced. All permit fees due under
this article shall be paid to the City at the time that the application
is filed.
C.
Upon the receipt of an application which necessitates
an inspection or investigation by any City official, a copy of the
application shall be referred to each City official who is required
to inspect or investigate the site.
D.
No permit shall be issued until the applicant has
furnished satisfactory proof that the applicant is insured for liability
resulting in injury to any person and damage to any property caused
by the actions or omissions of the applicant, his agents, servants
or employees, including contractors intending to perform work pursuant
to this article. The policy limits for said insurance shall be a single
limit of $1,000,000 for personal injury and $500,000 for property
damage. The City Engineer is hereby authorized to waive the requirements
of this section for work considered minor in nature and which does
not include the excavation of a street.
E.
The City official authorized to issue the permit shall
issue a permit to all applicants who have paid all required fees,
complied with the regulations contained in this article, and complied
with the written regulations promulgated by the Director in charge
of the Streets and Roads Department.
A.
A copy of the permit and a copy of the approved plans
shall be kept in the possession of the person actually performing
the work and presented to any City employee upon request who is authorized
to see these documents such as employees from the Engineering Department
or police officers from the Millville Police Department.
B.
All construction and restoration operations conducted on streets within the City shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways and shall be subject to the regulations contained in Chapter 39 of the Municipal Code of the City, specifically §§ 39-39 through 39-47.
C.
All material and refuse placed on or near the street
during excavation shall be removed immediately upon completion of
the work.
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 Engineer. Where the Engineer determines
that the excavated material is unsuitable for backfill, the permittee
shall backfill with other suitable material approved by the Engineer
which shall be placed in layers not exceeding 12 inches in depth and
thoroughly compacted in the manner prescribed by the Engineer. On
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition. If the Engineer determines
that any backfill excavation has settled or caved in, he shall so
notify the permittee, who shall promptly resume backfilling until
the Engineer determines that 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.
There shall be no blasting without prior notification
to the City Engineer.
G.
If the work is not completed within 48 hours or any
extension granted by the Director, or is not performed in accordance
with the regulations set forth in this article or any other regulations
promulgated by the Director, or any conditions imposed with the issuance
of the permit, then the City may complete the work and restore the
surface of the street. The cost of completing the work and restoring
the street shall be charged to the permittee and recovered by additional
billing or by an action in any court of competent jurisdiction.
H.
Utility companies shall be fully responsible for permanent
restoration within all City rights-of-way.
A.
Schedule A titled "Specifications for the Restoration
of Curbs and Sidewalks in the Rights-of-Way" is attached hereto and
incorporated by reference as part of this article.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
B.
Schedule B titled "Specifications for Restoration
of Roadway Surfaces" is attached hereto and incorporated by reference
as part of this article.[2]
[2]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Any application for a permit may be denied by the
City official authorized to issue the permit, or any permit issued
may be suspended or revoked by the Director in charge of the Streets
and Roads Department for any of the following causes:
(1)
If the applicant or permittee has failed to comply
with the regulations contained in this article.
(2)
If the applicant or permittee has failed to comply
with any regulations promulgated by the Director.
(3)
If the applicant or permittee has failed to comply
with any other applicable ordinances adopted by the City of Millville.
(4)
If the permittee has violated the terms or conditions
of the permit that was issued.
(5)
If the permittee is performing the work in a manner
which endangers the public health, safety or welfare.
B.
If the applicant or permittee disagrees with the decision
made by the City official, he may request a hearing before the Director
by filing a written request for a hearing with the City Clerk which
sets forth the reasons for the appeal. The hearing shall be held within
10 days following submission of the written request for hearing.
A.
Any person violating any of the provisions of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$1,000, or imprisonment in the county jail for not more than 90 days,
or to a period of community service not exceeding 90 days, or any
combination thereof at the discretion of the Municipal Court Judge.
B.
Each and every day in which a violation of any of
the provisions of this article exists shall constitute a separate
violation.
