[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine as indicated in article
histories. Amendments noted where applicable.]
[Adopted 7-15-1970 by Ord. No. 5-1970]
No excavating, digging or mining of sand or
gravel or other materials may be done for commercial purposes in the
City of Brigantine.
[Amended 10-1-1986 by Ord. No. 26-1986]
No fill or other material shall be placed on
any lands in the City of Brigantine unless it is of the quality described
in the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction 1961, Section 3, made a part hereof
by reference. The soil-clay content and the organic content combined
shall not exceed 8% by weight of the soil aggregates. No demolition
or used construction materials shall be placed on any lands in the
City of Brigantine, except clean crushed concrete materials which
can be reduced to a size acceptable to and in conformity with the
aforementioned New Jersey State Highway Department Standard Specification
for Road and Bridge Construction, or its current equivalent as certified
by the Construction Official or the City Engineer of the City of Brigantine.
[Added 10-1-1986 by Ord. No. 26-1986; amended 12-28-1992 by Ord. No. 28-1992]
No person, owner of property or person in his employ shall place any fill material on any land in the City of Brigantine, without having given notice to, and obtained a permit from, the Construction Official of the City of Brigantine, of the intention to fill. The Construction Official may designate the use of certain forms and may charge inspection fees, not to exceed the amount set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule, per tax lot intended to be filled, in addition to any other charges which may be imposed pursuant to the Uniform Construction Code.[1] By reason of the size of tract or the type of fill material
proposed to be used, the Construction Official may deny the application
and refer the applicant to the Board of Commissioners of the City
of Brigantine, who may, upon due consideration of the application,
set the terms and conditions under which the fill of any lands within
the City of Brigantine can take place. The Construction Official of
the City of Brigantine may deny any permit based upon unsatisfactory
materials proposed to be used.
Where, by reason of exceptional conditions,
the strict application of any regulation enacted under this article
would result in difficulties and undue hardships upon the owner, the
owner may appeal to the governing body relating to such property for
a variance so as to relieve such difficulties and hardships. No relief
may be granted or action taken under terms of this article unless
such relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of this
article.
A.
COMMERCIAL PURPOSES
EXCAVATION
Definitions. Certain words and phrases used in this
article are defined for the purposes hereof as follows:
Refers to the sale or commercial use of the sand or other
product which is excavated, as distinguished from personal use of
the product by the owner of the ground at the place where the same
is excavated.
Includes digging or mining and applies to all sand, gravel
or solid or mineral products of the soil.
B.
Word usage. Words used in the present tense include
the future, and the singular number includes the plural.
[Amended 10-1-1986 by Ord. No. 26-1986]
This article shall be administered and enforced
by the Construction Official, the Zoning Officer or any other public
official who shall be designated by the Board of Commissioners of
the City of Brigantine.
[Amended 10-1-1986 by Ord. No. 26-1986]
A.
Any person, firm, association or corporation violating
any section of this article shall, upon conviction before the Municipal
Court of the City of Brigantine Court having jurisdiction, be subject
to a fine not exceeding $1,000 or to imprisonment for not more than
90 days, or both.
[Amended 12-28-1992 by Ord. No. 28-1992]
B.
Any repetition of any violation of this article shall
be deemed a new offense for each day of repetition, and violations
on separate parcels of property may be considered as repetition violations.
C.
In addition to any fine or penalty, the City of Brigantine
or its designated officials may order the removal of fill material
placed in violation of this article. Failure to comply with such order
shall subject the violator to additional fines or penalty, and the
City of Brigantine may charge the cost and expense of removal to the
property as a lien against the property for municipal services provided.
[Adopted 7-15-1981 by Ord. No. 15-1981]
[Amended 3-20-2019 by Ord. No. 6-2019; 8-5-2020 by Ord. No. 8-2020]
A.
No person or corporation shall tear up or excavate in any street
under the control of the City of Brigantine without first having obtained
and being in the possession of a valid permit to do so, issued by
the City Engineer's office pursuant to the provisions of this
article. Any such permit may be revoked at any time by the City of
Brigantine.
B.
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 event 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.
C.
Emergency opening. In the event that an entity shall be required
to open a street and/or roadway as a result of an emergency, said
emergency opening shall be reviewed by the City Engineer, and if said
City Engineer shall determine that no such emergency existed, then
the entity so opening the street and/or roadway shall have a fine
imposed upon such entity in the amount of $1,000 for the first nonemergency
opening, a $5,000 fine for a second nonemergency opening and a $10,000
fine for a third nonemergency opening.
D.
Hardship condition. In the event in which a property owner has a
hardship condition which requires a street opening permit to be issued
contrary to this section, the City of Brigantine may grant relief
if all of the following conditions are met:
(1)
A letter addressed to the City, c/o City Clerk, is received detailing
the hardship and necessity of opening the street in lieu of waiting
the prescribed period of time.
(2)
The hardship request shall be reviewed by the City Engineer's
office who shall make a recommendation to City Council on the legitimacy
of the request.
(3)
Upon receipt of the City Engineer's recommendation, a public
meeting date will be set for the City to take formal action.
(4)
The City shall consider the request at a public meeting and review
any objections received. Approval or denial of the request shall be
through formal adoption of a resolution.
All applicants for permits shall give at least
24 hours' notice in writing to the City Engineer and a sketch drawing
or plan signed by a New Jersey licensed professional engineer, showing
profiles and all utilities within 25 feet of the proposed work and
specifying the place, kind and approximate size of the excavation
or work and the time required to do the work, except in cases of emergency,
when such a notice shall be given to the City Engineer as soon as
possible.
B.
The guaranty shall be returned to the applicant upon
approval by the City Engineer of all work required to be performed.
C.
If a permit for an individual house connection is
applied for and permit is approved to be issued to the owner of record
of the property, no guaranty is required. This exemption shall be
used only once by any individual or company.
[Amended 3-20-2019 by Ord. No. 6-2019; 8-5-2020 by Ord. No. 8-2020]
The applicant to whom such permit is issued shall, within the
time limited in such permit, replace the earth and pavement in the
excavation in such manner as prescribed herein and the same shall
be left in as good condition as it was before the excavation was commenced.
Except as otherwise herein stated, 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, 2007, and as amended. Reference to articles or
sections hereinafter refer to said state highway specifications.
A.
Trenches shall be backfilled in layers not to exceed six inches 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 City Engineer shall deem the material
unsatisfactory for backfill, the permittee shall provide acceptable
material for the backfill.
B.
Roadways with a concrete base shall be restored using a combination
of concrete and asphalt. The amount of concrete and asphalt to be
used at each such excavation shall be as directed by the City Engineer.
(See detail at end of chapter.)
C.
Bituminous concrete street restoration specifications.
(1)
Gravel. 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 New Jersey Department
of Transportation (NJDOT) requirements for I-5 materials. The City
Engineer 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 roadway restoration.
(a)
Less than 100 square feet.
[1]
For openings in asphalt roadways that are less than 100 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
base course, Mix I-2, followed by a two-inch lift of a bituminous
concrete cold patch, shall 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 City Engineer shall determine when
the work is acceptable for final restoration. The permittee shall
be responsible for all maintenance deemed necessary by the City Engineer
until such time as the final restoration is completed.
(b)
Greater than 100 square feet.
[1]
For openings in asphalt roadways that are greater than 100 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 surfaces. A six-inch lift of stabilized
base 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 City Engineer shall determine
when the work is acceptable for final restoration. The permittee shall
be responsible for all maintenance deemed necessary by the City Engineer
until such time as the final restoration is completed.
(3)
Final roadway restoration.
(a)
Newly paved streets.
[1]
The restoration will consist of six-inch dense graded aggregate
base course, and a six-inch bituminous stabilized base course, Mix I-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 uncles otherwise directed by the City Engineer. The final
surface course shall be a two-inch bituminous concrete surface course
Mix I-5.
[2]
Trench restoration may be permitted under special circumstances
and at the option of the City of Brigantine and City Engineer for
openings having a minimum impact on the longevity and serviceability
of the street in question.
(b)
Streets paved between five and eight years prior to proposed
opening.
[1]
Any street opening on a street that has been constructed, reconstructed,
or overlaid between five years and eight years after the completion
of said construction, reconstruction, or overlay will require a half-width
paving from the center line to the curb on the side affected by the
opening. The trench shall be repaved with six inches of gravel or
similar subbase, four-inch stabilized base (HMAI9M64) to the surface.
The half width of the street shall then be milled 1 1/2 inches
deep from the center line to the curbline a distance of 20 feet on
either side of the opening edges. A one-and-one-half-inch surface
course (HMA9.5M64) shall be machine-placed and rolled as per New Jersey
Department of Transportation Standard Specifications for Roads and
Bridges-2007, and as amended.
[2]
At the opening crosses over the center line of the street, the
above street repair shall be full-width restoration.
(c)
Streets paved over eight years prior to proposed opening.
[1]
Where 20% or more of the existing surface width and/or a distance
parallel or longitudinal to the roadway center line of 25 feet or
more has been disturbed, the permittee shall mill the entire pavement
surface from edge to edge or curb to curb and the full length of the
trench plus five feet each side at a minimum depth of two inches.
All milling and disposal of millings shall be done in accordance with
Division 400 of the NJDOT Standard Specifications. The permittee shall
clean and sweep the milled surface and apply tack coat in preparation
for immediate paving. The area will then be paved with two inches
of HMA 9.5M64 surface course in accordance with Division 400 of the
NJDOT Standard Specifications. The City will require that the terminal
ends of the paving be keyed and cut vertical to provide a smooth transition
to the existing asphalt surface. Feathering will not be allowed.
[2]
Where less than 20% of the existing surface and a distance parallel
or longitudinal to the roadway center line of less than 25 feet has
been disturbed, the permittee shall sawcut the existing surface course
two inches deep at a location 12 inches beyond the trench surface,
and remove the existing pavement to the same depth. Pavement removal
shall be done by milling or another method as approved by the City
Engineer. The permittee shall clean and sweep the milled surface and
apply tack coat in preparation for immediate paving. The area will
then be paved with two inches of HMA 9.5M64 surface course in accordance
with Division 400 of the NJDOT Standard Specifications. The City will
require that the terminal ends of the paving be keyed and cut vertical
to provide a smooth transition to the existing asphalt surface. Feathering
will not be allowed.
(d)
Calculating age of street.
[1]
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. The end date of this five-year
period is the beginning date of the five-year to eight-year period
articulated herein.
[2]
The eight-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 eight years thereafter. The end date of this eight-year
period is the end date of the five-year to eight-year period articulated
herein.
(e)
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 City Engineer.
(4)
If more than one excavator would be required within a fifty-foot
length, a single trench must be used rather than the individual excavations.
Final restoration will require the entire pavement surface from edge
to edge or curb to curb and the full length of the trench plus five
feet each side at a minimum depth of two inches. All edges shall be
coated with an asphaltic tack coat prior to a two-inch lift of bituminous
concrete surface course, Mix I-5, being placed to a level even with
the existing road grade.
(5)
In all cases where concrete has to be removed prior to any excavation,
saw cut methods of removal shall be used. The restoration of the concrete
shall be according to the following specifications:
(a)
It shall be Class B with a design strength of 4,000 pounds per
square inch (psi).
(b)
It shall have a minimum thickness of not less than four inches
for sidewalk, six inches for driveway aprons and eight inches for
gutter.
(c)
It shall have a minimum width of not less than five feet for
sidewalks.
(d)
It shall have control joints not more than five feet for sidewalk,
10 feet for curb and gutter and expansion joints and not more than
20 feet for sidewalk, curb and gutter.
(6)
Multiple utility openings (final restoration).
(a)
When the same utility company or authority performs five or
more total cumulative openings, regardless of size, within the same
street block during the five-year period following total resurfacing,
repaving, or reconstruction of said street, it shall be the obligation
of that utility company to mill to a depth of two inches the entire
block between existing gutter lines for the entire block and overlay
that milled area with a two-inch thick layer of hot mix asphalt (HMA)
surface course, Mix 12.5M64.
(b)
When the same utility company performs five or more openings,
regardless of size, within the same year in the same block beyond
the five-year period of a resurfacing, repaving, or reconstruction
of said street, it shall be the obligation of that utility company
to mill to a depth of two inches the entire block between existing
gutter lines for the entire block and overlay that milled area with
a two-inch thick layer of hot max asphalt (HMA) surface course, Mix
12.5M64.
(c)
When the same utility company or authority performs trench installation
exceeding 15% of the pavement's surface area within a block,
or if more than 1/3 of the width of the street is disturbed, or if
three or more openings, regardless of size, are made within a fifty-foot
length of the street, it shall be the obligation of that utility company
to mill to a depth of two inches the entire block between existing
gutter lines for the entire block and overlay that milled area with
a two-inch-thick layer of hot mix asphalt (HMA) surface course, Mix
12.5M64.
(d)
Milling and paving restoration shall not preclude the permittee
from performing the required pavement restoration as stated in § 197-2,
subsection F herein,[1] except that the finish elevation of the asphalt restoration
may be lowered by two inches in anticipation of a pending milling
operation. Lowering of the restoration area will not be permitted
if milling and paving operations are not being performed within 48
hours of the restoration or in advance of a weekend or holiday. In
no cause shall the final asphalt thickness of a lowered restoration
area be less than two inches in thickness.
[1]
Editor's Note: So in original.
(e)
Street openings for the purposes of installing new of replacing
old water or sewer laterals under the ownership and maintenance of
the City of Brigantine shall be exempt from this portion of road restoration.
(7)
Utility location verification.
(a)
Any proposed underground utility installation that proposes
directional drilling is required to verify the location of all existing
utility locations, with the use of ground-penetrating radar. A copy
of the report shall be submitted to the Superintendent of Public Works
and the City Engineer prior to start of work. The ground-penetrating
radar is only required when directional drilling (boring) is to be
utilized for installation of the new utility.
D.
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
by reason of any shrinkage or settlement in the excavated area resulting
from such excavation such shrinkage or settlement shall occur within
three months from the time the surface thereof is restored.
In replacing concrete pavement, the contractor
shall remove the temporary pavement to the depth of the existing pavement
and replace with Class B concrete (state highway specifications).
Reinforcing shall be of the same size and spacing as was removed.
All concrete pavement shall be cut with a concrete saw to a line that
is six inches wider than excavated trench and/or paving.
In any case where the contractor is lax in complying
with or fails to comply with the above regulations, as determined
by the City Engineer, the City may send written notice to the address
of the applicant and then may cause the work to be done and the cost
charged to the applicant and the guaranty be declared in default.
Over 50 feet of trench or over five individual
excavations shall require an inspector, under the jurisdiction of
the City Engineer, to inspect the work and maintenance of the work
to ensure conformance with the above regulations. The inspector shall
be billed at the rate of $20 per hour. Twenty-four hours' notice to
the City Engineer is required so the City Engineer can provide for
the inspector.
Wherever practical, as determined by the City
Engineer, pipes for house connections and other installations shall
be driven or bored under and across the paved portion of the street
without disturbing the surface. This requirement is mandatory on streets
paved within five years of the date of the application.
A.
Whenever excavation is to be left unfinished overnight
or for any extended period of time, the contractor shall place barricades
containing his name and address and a telephone number that can be
reached at all times, especially at night and on the weekends.
B.
Suitable warning flares and lights must be used on
any areas not completed either temporarily or permanently.
The applicant shall notify the City Engineer
and the Brigantine City Police Department at least 24 hours in advance
of the time proposed to start work on excavations. The Brigantine
City Police Department shall be notified of any work that will have
effect on traffic, and Police Department approval of traffic plans
will be required.
All fees and guaranties shall be turned over
to the Treasurer of the City of Brigantine and will be held by him
until released, in writing, by the City Engineer.
The applicant and the contractor shall keep
all street openings guarded at all times and will provide uniformed
traffic control persons, if required, to ensure the safe passage of
traffic and shall open no greater portion of a street than shall be
reasonably necessary.
The applicant, as a requirement of receiving
a permit, shall save the City of Brigantine, the City Commissioners
and the employees and consultants of the City of Brigantine harmless
from any and all claims of any nature arising out of the construction
and street opening work covered by said permit, and further, that
the City of Brigantine, in issuing said permit, shall not assume liability
on connection therewith.
All guaranties provided for in § 165-10 of this article shall be in a form approved by the City Solicitor of the City of Brigantine.
[Amended 12-28-1992 by Ord. No. 28-1992]
[Amended 12-28-1992 by Ord. No. 28-1992]
Any person, company or corporation violating
any provision of this article, upon conviction in the Municipal Court
of the City of Brigantine, shall be punished for each offense by a
fine not to exceed $1,000 or by imprisonment for not more than 90
days, or both, and each day on which said violation exists shall be
considered a separate offense.
