[Adopted 3-20-2007 by Ord. No. 94-2007[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Excavations, adopted by Ord. No. 607 (Sec. 16-2 of
the 1997 Revised General Ordinances), as amended.
It shall be unlawful for any person, firm, association,
corporation, or other legal entity to open, tear up, dig into, break
up, excavate, tunnel under, or in any way disturb the surface of any
public street or road owned, maintained or under the jurisdiction
of the City of Cape May without first obtaining a permit from the
City Clerk.
A.
Every application for a permit pursuant to § 440-4 shall be in writing, set forth by the applicant and set forth with the following:
(1)
The name and address of the applicant;
(2)
The name and address of the party for whom the work
is being done;
(3)
The name and address of the contractor performing
the work, with proof of current required contractor license;
(4)
The purpose for which the opening or excavation is
made;
(5)
The location of the opening and type of road surface
to be opened;
(6)
The length, width, and depth of the proposed opening;
(7)
The estimated day of commencement and estimated date
of completion of the proposed work;
(9)
Written approval from the City's water/sewer utility,
if applicable;
(10)
Written approval from the City's Historic Preservation
Committee, Planning Board or Zoning Board, if applicable.
B.
The City Clerk shall consult with the designated public
works official regarding the application and shall either issue a
permit or deny same within seven days.
All permits shall expire and become void 30
days from the day of issue unless renewed in writing by the City Clerk;
provided, however, that the City shall not relinquish any rights of
action the City may have against the applicant by reason of the granting
of the extension.
A nonrefundable fee of $50 shall be paid to
the City Clerk at the time of application.
A.
A deposit of $350 shall be paid to the City Clerk
at the time of application for all excavation of less than or equal
to one square yard. If said area to be opened, disturbed, or undermined
exceeds one square yard, the additional yardage shall be classified
as excess yardage, and an additional deposit shall be paid by the
applicant for all yardage in excess of one square yard at a rate of
$20 per square yard. The area to be opened, disturbed or undermined
shall be measured and determined by the designated public works official.
Additional fees accrued as the result of review or inspections are
the applicant's responsibility. Any unused deposit will be returned
upon final inspection and the applicant's written request.
B.
The review and inspection deposit may be waived if
the applicant provides written documentation that these requirements
have been addressed through the Planning/Zoning Board or Water/Sewer
Utility review process.
A.
Every application for construction, excavation or
opening of a street shall be accompanied by a certificate of insurance
demonstrating that the applicant possesses personal injury liability
insurance in the amount of $500,000 and property damage liability
insurance in the amount of $250,000. The insurance shall show the
City as an additional insured and shall be maintained by the applicant
during the period of construction or excavation.
B.
The applicant shall also agree in writing to indemnify
and hold harmless the City, its agents, servants and employees from
any damage or liability sustained by any person or property arising
out of the negligence of the applicant or its agents, servants and
employees during the course of any construction excavation, restoration
or refilling of any street. Such agreement shall require the applicant,
in the event a claim is made against the City, its agents, servants
and employees arising out of the applicant's construction activities,
to provide the City with a legal defense and to pay any and all attorneys'
fees or costs incurred by the City in connection with any claims,
suits or litigation which may result with the applicant's work in
the streets.
Before any permit is issued for any work in
a public street, certain performance and maintenance sureties are
to be posted with the City Clerk.
A.
Performance surety.
(1)
The performance surety shall be in the form of either
a corporate guaranty bond or a surety guaranty by a company authorized
to do business in the State of New Jersey, in a form required under
N.J.S.A. 40:55D-53a and satisfactory to the City Solicitor and in
the penal sum of 100% of the full amount of the total estimated construction
costs. The estimated costs of the proposed work shall be based upon
current market values, and said amount shall be prepared by the applicant
and approved by the designated public works official.
(2)
In lieu of the above-mentioned performance surety,
public utility companies or authorities may post an annual performance
surety for $15,000 or for an increased amount approved by the City
Solicitor.
B.
Maintenance surety.
(1)
In addition to the posting of a performance surety,
and as a condition to the release of same, the City may, at its discretion,
require the applicant to post a maintenance guaranty in a form required
under N.J.S.A. 40:55D-53a and satisfactory to the City Solicitor and
in the penal sum of 15% of the performance surety for a period of
one year.
(2)
Public utility companies or authorities posting and
continually maintaining a performance surety in accordance with this
section will not be required to post a separate maintenance surety.
C.
The applicant shall be responsible for all maintenance
and repairs required at the site for a period of one year following
completion of construction.
D.
The applicant shall be responsible for all engineering
fees, attorneys' fees and costs if litigation is necessary.
E.
The performance and maintenance surety may be waived
if the applicant provides written documentation that these requirements
have been addressed through the planning/zoning board or water/sewer
utility review process.
A.
The City Clerk, upon receipt of the completed application
and the fees referred to herein above, shall forward said application
to the designated public works official for his examination and review.
B.
The designated public works official shall examine
said application and authorize or deny issuance of permit.
C.
The designated public works official shall specify
on authorized permits that the permit is good for a thirty-day period
from the date of issuance. He shall further specify on the permit
that such work shall be completed and restored within 48 hours after
work has commenced or within a duration of time, which, in his opinion,
is reasonable and fair. The applicant shall notify the designated
public works official 24 hours before the commencement of any work
so that appropriate inspection can be made where required.
D.
The City Clerk, upon receipt of an authorized permit
from the designated public works official, will issue said permit
to the applicant.
Every permit shall apply only to the person
to whom it was issued and shall not be transferable.
Every applicant under any permit issued pursuant
to this section shall fully comply with the following rules and regulations:
A.
Protection of traffic must be in accordance with the
"Manual on Uniform Traffic Control Devices For Streets And Highways."
B.
The applicant to whom such a permit is issued shall,
within the stated time limit in such permit, replace the earth and
pavement in the excavation in such a manner that the same shall be
left in as good condition as it was before the excavation was commenced.
Except as otherwise stated herein, 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 including all amendments. Reference to articles
or sections hereinafter refer to said state highway specifications.
C.
Trenches shall be backfilled in layers and a vibratory
tamper must be used. Ninety-five percent compaction 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 designated public works official shall deem the material unsatisfactory
for backfill, the permittee shall provide acceptable material for
the backfill.
D.
Street restoration specifications.
(1)
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 NJDOT requirements
for I-5 materials. The designated public works official 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 restoration.
(a)
Less than 30 square feet.
[1]
For openings in asphalt roadways that are less
than 30 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 hot-mix asphalt intermediate course, Mix I-2, followed
by a two-inch lift of bituminous concrete cold patch shall then 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 designated public
works official shall determine when the work is acceptable for final
restoration. The permittee shall be responsible for all maintenance
deemed necessary by the designated public works official until such
time as the final restoration is complete.
(b)
Greater than 30 square feet.
[1]
For openings in asphalt roadways that are greater
than 30 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 surface. A six-inch
lift of hot-mix asphalt intermediate 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 designated public
works official shall determine when the work is acceptable for final
restoration. The permittee shall be responsible for all maintenance
deemed necessary by the designated public works official until such
time as the final restoration is completed.
(3)
Final restoration.
(a)
Less than 30 square feet.
[1]
For openings less than 30 square feet, the final
restoration will involve the removal of the top two inches of bituminous
concrete cold patch. All edges shall be saw cut six inches beyond
the actual trench width disturbed to produce a clean edge, and said
edges shall be prepared with an asphaltic tack coat. A two-inch lift
of hot-mix asphalt surface course, Mix I-5, shall then be placed to
a level even with the existing road grade.
(b)
Greater than 30 square feet.
[1]
For openings greater than 30 square feet, the
trenches shall be milled to a depth of two inches to a distance of
at least 12 inches beyond the actual trench width to produce a clean
edge. All edges shall be coated with an asphaltic tack coat prior
to a two-inch lift of hot-mix asphalt surface course, Mix I-5, being
placed to a level even with the existing road grade.
(4)
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 designated
public works official.
E.
If more than three individual excavations would be
required within a fifty-foot length, a single trench must be used
rather than the individual excavations. Final restoration will require
a minimum of one-half width of the cartway. The trench shall be milled
to a depth of two inches to a distance of at least 12 inches beyond
the actual trench limit from the center line of the cartway to the
curbline. (See detail at the end of the chapter.[1]) All edges shall be coated with an asphaltic tack coat
prior to a two-inch lift of hot-mix concrete surface course, Mix I-5,
being placed to a level even with the existing road grade.
[1]
Editor's Note: A copy of the detail is on
file in the City offices.
F.
By the 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 to pay on demand any cost or expense that
the City may incur, including but not limited to engineering fees,
attorney fees, and costs, by reason of any shrinkage or settlement
in the excavated area resulting from such excavation if such shrinkage
or settlement shall occur within 12 months from the time the surface
thereof is restored.
G.
All work shall be conducted so as not to interfere
with existing utilities, water mains, sewer, gas, electrical or telephone
conduits, or the surface connections thereof; or so as to damage any
existing trees or roots thereof until or unless the applicant has
obtained permission of the appropriate authority.
H.
No blasting of any kind shall be allowed unless approved
by the designated public works official or his designee. All blasting
shall be done in strict compliance with all applicable state and local
laws and regulations.
I.
No excavation of any street or road shall be started
on Thursday or Friday unless it can be completed and the surface restored
by 12:00 noon, except in case of emergency or where the applicant
has received permission from the designated public works official
or his designee.
J.
All work shall be done in a workmanlike manner and
as expeditiously as possible and in such a manner as to cause the
least possible public inconvenience, and the applicant shall notify
all neighboring property owners if the work will in any way affect
such neighbors' property.
K.
Upon completion of all work, the applicant shall forthwith
remove all debris, equipment and materials and shall thoroughly restore
the premises of the excavation to a clear condition. At all times,
the applicant shall comply with the requirements of the designated
public works official or his representative.
A.
In addition to any other remedies available to it,
the City, through the designated public works official or his designee,
may revoke a permit for any of the following reasons:
B.
No permit shall be revoked until the person to whom
it has been issued has been afforded notice and opportunity to be
heard. When any permit is revoked, the designated public works official
or his designee may reinstate it by certifying to the City Clerk that
the conditions that caused the revocation have been corrected.
No permit shall be issued for any street opening
which would disturb the pavement of any road having been constructed,
reconstructed or overlaid until a period of five years after the completion
of said construction, reconstruction or overlay, except in the case
of an emergency or hardship as described below. 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.
A.
Emergency opening. In the event that a person shall
be required to open a street and/or roadway as a result of an emergency,
said emergency opening shall be reviewed by the designated public
works official and if the said designated public works official shall
determine that no such emergency existed, then the person so opening
the street and/or roadway shall pay a fee of $1,000 for the first
nonemergency opening, $5,000 for a second nonemergency opening, and
$10,000 for a third nonemergency opening.
B.
Hardship condition. In the event in which the property owner has a hardship condition which requires a street opening permit to be issued contrary to § 440-15, the City of Cape May may grant relief upon the following:
C.
Roadway restoration.
(1)
In the event that an emergency or hardship requires
the opening of a roadway that has been resurfaced by the City within
the previous five years, a full-width restoration will be required.
The restoration will consist of six-inch dense graded aggregate base
course, and a six-inch hot-mix asphalt base course, Mix 1-2, 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 designated public works official. The final
surface course shall be a two-inch hot mix mix asphalt surface course,
Mix 1-5. See detail at the end of the chapter.[1]
[1]
Editor's Note: A copy of the detail is on
file in the City offices.
(2)
Trench restoration may be permitted under special
circumstances and at the option of the City of Cape May and the designated
public works official for openings having a minimum impact on the
longevity and serviceability of the street in question. See detail
at the end of the chapter.[2]
[2]
Editor's Note: A copy of the detail is on
file in the City offices.
Street openings and excavations performed by
the City of Cape May or agents of the City of Cape May are exempt
from the provisions of this article.
