As used in this article, the following terms
shall have the meanings indicated:
EXCAVATION WORK
Any 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 curb, sidewalk, driveway, driveway
aprons, drainage structures, and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails,
or any other public improvement existing within the public right-of-way.
For the purpose of this article, that work which is being performed
outside the public right-of-way, but which requires storage of materials
or operation of equipment within the public right-of-way, in such
manner as may cause damage, will be considered "excavation work."
STREET
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Borough, a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
It shall be unlawful for any person, company,
firm, corporation or other legal entity to perform any excavation
work, dig up, excavate, tunnel, undermine, or in any manner break
up a 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 without first obtaining a written excavation permit for
so doing from the Borough Clerk.
A. In the event of any emergency in which a sewer, main,
conduit or utility in or under any street breaks, bursts or otherwise
is in such condition as to immediately endanger the property, life,
health, or safety of any individual, the person owning or controlling
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 person owning or controlling such facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which the Borough office is open for business and shall
not proceed with permanent repairs without first obtaining an excavation
permit hereunder.
B. The Borough Clerk shall issue an excavation permit
to any person, company, firm, corporation, or other legal entity who
performs work under contract to the Borough without fee.
The Borough shall be authorized to refuse the
issuance of any permit if it ascertains, after consultation with the
Superintendent of Public Works, Borough Engineer or otherwise, that
such refusal is in the interest of public safety, public convenience
or public health. If a permit is refused, an appeal may be taken to
the Borough Council. The Borough Council, after hearing the applicant
and such other evidence as may be produced, may either direct the
issuance of the permit or sustain the refusal.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation or tunnel is to be made, the dimensions of the opening
and the period during which the permit shall be valid. The original
of each permit shall remain on file with the Clerk.
Accompanying each application shall be the sum of $100, which shall be deemed the fee for the application and the opening, and in addition thereto the sum of $500 for each opening, which shall be deemed a deposit which shall be either refunded or forfeited as hereinafter set forth. The person making the application and who paid the fee shall be responsible and liable for the satisfactory filling in and patching of the excavation. When, and if, the completed work is performed and approved as above stated, then and in such event the applicant shall be entitled to the refund of the five-hundred-dollar deposit. The applicant, however, shall forfeit the deposit of $500 if it becomes necessary for the Borough to restore the street to its preexisting condition should the permittee fail to do so as required by §
398-31. There is also herein established an inspection fee of $250 to be paid by the applicant.
If an individual repair deposit required by §
398-24 exceeds $1,000 or if the aggregate of the repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000, or if the applicant be a public utility regulated by the federal government and/or the State of New Jersey, then the Borough may allow the portion of the required repair deposit in the form of a surety bond. If a surety bond is provided in accordance with the requirements of this section, the applicant shall deposit with the Borough Clerk a surety bond in the amount determined by the Superintendent of Public Works and/or Borough Engineer made payable to the Borough of Bradley Beach. The required surety bond must be:
A. With good and sufficient surety.
B. By a surety company authorized to transact business
in the State of New Jersey.
C. Satisfactory to the Borough Attorney in the form and
substance.
D. Conditioned upon the permittee's compliance with this
article and to secure and hold the Borough and its officers harmless
against any and all claims, judgments or other costs arising from
the excavation and other work covered by the excavation permit or
for which the Borough, the Borough Council or any Borough officer
may be made liable by reason of any accident or injury to person or
property guarding the excavation or for any other injury resulting
from the negligence of the permittee, and further conditioned to fill
up, restore and place in good and safe condition as near as may be
to its original condition and to the satisfaction of the Department
of Public Works and/or Code Enforcement Officer all opening and excavation
made in streets and to maintain any street where excavation is made
in as good condition for the period of 12 months after said work shall
have been done, usual wear and tear excepted, as it was in before
said work shall have been done. Any settlement of the surface within
said one-year period shall be deemed conclusive evidence of defective
backfilling by the permittee.
No permit shall be issued until the applicant
has furnished the Borough 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 $1,000,000 for injury
to any one person, $300,000 for property damage for a single incident.
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 Borough Council may require increased
amounts of liability and property damage insurance.
All permits issued under this article shall
be subject to the following rules and regulations:
A. All excavations shall be kept properly barricaded
at all times and during the hours of darkness shall be provided with
proper warning lights. This regulation shall not excuse the permittee
from taking any other precaution reasonably necessary for the protection
of persons or property.
B. All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Borough and Chief of Police. The Borough shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature, when notice shall be given when work commences. If road closure is needed, the applicant must comply with Chapter
83, Police, Off-Duty Employment of (Ordinance No. 1998-17).
C. All refuse and material shall be removed within 48
hours.
D. All excavation shall be completely backfilled and
compacted by tamping, vibrating, rolling, flushing with water or other
suitable means as required by the soil in question and sound construction
practices. Where it is determined the excavated material is unsuitable
for backfill, the permittee shall supply clean sand, dense graded
aggregate, or other suitable pervious material. All backfilling of
excavation shall be done in layers. Layers that are hand tamped shall
not exceed three inches in thickness; layers that are power tamped
shall not exceed six inches in thickness. All excess moisture shall
be removed from the site and properly disposed.
E. If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
10 parts sand.
F. If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations.
[Amended by Ord. No. 2003-19]
The permittee shall restore the surface of all
streets broken into or damaged as a result of excavation work in accordance
with the following rules, regulations and requirements:
A. Once the excavation work area has been properly backfilled
and compacted, the pavement shall be saw cut and removed a minimum
of six inches on each side of the excavation to expose undisturbed
subgrade. Excavations less than two feet from the curbline will require
removal of the existing pavement for the excavation to the curbline.
All edges shall be prepared with tack coat.
B. The permittee shall install no less than six inches
of bituminous stabilized base course, Stone Mix No. I-2, to the surface
of the excavation.
C. All excavations shall be allowed to settle for no
less than 90 days and no more than 180 days. During this time period,
the permittee shall be responsible for maintaining the surface of
the excavation.
D. The permittee shall remove the bituminous stabilized
base repair to a depth of 1 1/2 inches below the surface of the
existing street by milling. The milling limits should be at least
one foot beyond the base repair. The milled area shall be treated
with tack coat and paved with a minimum of 1 1/2 inches of bituminous
concrete surface course, Stone Mix No. I-5.
E. In streets constructed of cement concrete with a bituminous
concrete overlay, pavement shall be replaced with equivalent concrete
and bituminous pavement, thickness to match existing. Replacement
of the cement concrete with bituminous concrete is not permitted.
F. All materials and workmanship to be in accordance
with current NJDOT Standard Specification for Road and Bridge Construction.
G. For streets that have been resurfaced or reconstructed
within eight years of the date of the street opening, the seams of
the surface pavement repair shall be blended with the existing pavement
surface utilizing an infrared pavement restoration process.
The Superintendent of Public Works and/or Borough
Engineer may make any rules and regulations considered necessary for
the administration and enforcement of this article, but no regulation
shall be inconsistent with, alter or amend any provision of this article,
or impose a requirement which is in addition to those expressly or
by implication imposed by this article. No regulations shall be effective
unless they are approved by resolution of the Borough Council. Copies
of all current regulations shall be furnished each permittee at the
time of the issuance of the permit.
If the work is not completed within the time
specified in the permit or any extension granted by the Borough, if
not performed in accordance with the regulations set forth in this
article and any other regulations that may be established by the Borough
Council, then the Borough may complete the work itself and restore
the surface of the street. The cost of completing the work and restoring
the street shall be charged to the permittee and may be deducted from
his deposit or recovered by an action in any court of competent jurisdiction.
The penalty for violation of any provision of this article where no other penalty of fine or imprisonment is provided shall be as provided in Chapter
1, Article
II, General Penalty, of this Borough Code. This penalty shall be in addition to any different type of penalty or sanction provided in this chapter.