[Adopted 6-11-1981 by Ord. No. 9-1981;
amended in its entirety 4-14-2005 by Ord. No. 16-2005]
This article is to be known as the "City of Egg Harbor City Street Opening
and Excavation Ordinance."
As used in this article, the following terms shall have the meanings
indicated:
An urgent and immediate opening and repair operation required to
protect the health, safety and welfare of the general public from the immediate
hazards posed by a broken or leaking main, an eroded and undermined structure,
damaged utilities, or other similar circumstances involving sudden and unforeseen
hazard on a public street.
A corporate bond, performance bond, certified check or other similar
security acceptable to the City Solicitor which is furnished by the applicant
as a guaranty of good faith to perform and complete the work as described
on the application and permit forms to full compliance with the construction
standards contained herein and to assure that any subsequent necessary repairs
are accomplished as directed by the City Engineer.
It shall be unlawful to dig, excavate, open, or in any manner interfere
with or disturb within the right-of-way of any municipal street within the
City of Egg Harbor for any purpose whatsoever without first securing a permit
therefore as hereinafter provided.
A.
Application for permission to make any street opening
between the curblines, driveways, or in any sidewalk area shall be made to
the City Engineer. Such application shall be made on the required application
form and shall be signed by the applicant and shall specify:
(1)
The applicant's name, address, and phone number
(local and out-of-town).
(2)
The name, address, and phone number of the person or
firm who will be performing the work.
(3)
The length and width of such excavation.
(4)
The purpose for which the excavation is to be made.
(5)
The estimated time required to complete the work and
restore the surface.
B.
A fee of $350 shall be paid to the City Clerk, c/o the
City Engineer, prior to the issuance of the permit for all excavations of
less than or equal to six square yards. If said area to be opened, disturbed,
or undermined exceeds six square yards, the additional yardage shall be classified
as "excess yardage," and an additional fee shall be due and payable by the
applicant for all yardage in excess of six square yards at a rate of $10 per
square yard.
C.
The area to be opened, disturbed, or undermined by the
applicant shall be measured and determined by the Office of the City Engineer.
D.
The construction of any sidewalk and driveway apron that
does not disturb or open the existing paved surface within the right-of-way
of any municipal street in Egg Harbor City shall be subject to a fee of $350.
The square footage of sidewalk or driveway apron to be constructed shall have
no bearing on the fee.
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.
A.
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 the 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 fine of $5,000
for a second nonemergency opening, and a fine of $10,000 for a third nonemergency
opening.
B.
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 Subsection A above, the City of Egg Harbor City 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)
Upon receipt of the letter, a public meeting date will
be set for the City to take formal action.
(3)
The property owner making the request shall serve a notice
to all property owners within 200 feet, by certified mail, return receipt
requested, or by personal hand delivery, a minimum of 10 days prior to the
public meeting.
(4)
The property owner shall file a copy of the notice served
to adjoining property owners with an affidavit of proof of delivery of notice
with the City Clerk at least three days prior to the public meeting. The notice
must:
(a)
Identify the property by street address and block and
lot.
(b)
State the reason for the hardship.
(c)
State the type and size of the utility opening.
(d)
Advise the adjoining property owners that if they have
any objections, they must advise the City Clerk, in writing, as to their objections
to proposed street opening at least three days in advance of the public meeting.
(e)
State date and time of public meeting.
(f)
Be approved by the City Clerk prior to mailing.
(5)
The City shall consider the request at a public meeting
and review all objections received, in writing. Approval or denial of the
request shall be through formal adoption of a resolution.
(6)
A request which included the extension of a utility main
shall not be considered and will be automatically denied.
(7)
A request based solely on economic savings shall not
be considered and will be automatically denied.
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 during 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 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
unless otherwise directed by the City Engineer. The final surface course shall
be a two-inch bituminous concrete surface course, Mix I-5. (See detail at
end of chapter.[1])
[1]
Editor's Note: Said detail is on file and available from the
City Engineer or City Clerk.
(2)
Trench restoration may be permitted under special circumstances
and at the option of the City of Egg Harbor City and City Engineer for openings
having a minimum impact on the longevity and serviceability of the street
in question (See detail at end of chapter.[2])
[2]
Editor's Note: Said detail is on file and available from the
City Engineer or City Clerk.
(3)
In the event that an emergency requires the opening of
a roadway, the entity shall first notify the Egg Harbor City Police Department
of the location and cause of the emergency prior to commencing any work.
A.
The Engineer, upon receipt and examination of the application
and the fee referred to hereinabove, shall issue a permit under his or her
hand for the excavation. He or she shall specify on the permit that it is
good for a ninety-day period from the date of issuance. He or she shall further
specify on the permit that such work shall be completed and the road or sidewalk
surface restored within 48 hours after the work is commenced or within a duration
of time which in his or her opinion is reasonable and fair. The applicant
shall notify the Engineer 24 hours before the commencement of any work so
that appropriate inspections can be made where required.
B.
Note that all work authorized by the issued permit shall
be performed between the hours of 8:00 a.m. and 4:00 p.m., Monday through
Friday, unless the permittee obtains written consent from the City Engineer
to do the work at an earlier or later hour. Such permission shall be granted
only in case of emergency.
C.
Each permit issued under the provisions of this article
shall contain a statement that the opening or excavation must be adequately
guarded to prevent damage to life or property until the opening or excavation
is filled in an approved manner.
In granting any permit, the City Engineer may attach such other conditions
thereto as may be reasonably necessary to prevent damage to public or private
property or to prevent the operation from being conducted in a manner hazardous
to life or property or in a manner likely to create a nuisance. Such conditions
may include, but are not limited to:
A.
Limitations on the period of the year in which the work
may be performed.
B.
Restrictions as to the size and type of equipment.
C.
Designation of routes upon which materials may be transported.
D.
The place and manner of disposal of excavated materials.
E.
Requirements as to the laying of dust, the cleaning of
streets, and other things offensive or injurious to the neighborhood, the
general public, or any portion thereof.
F.
Regulations as to the use of streets in the course of
the work.
Work for which a permit has been issued shall commence within 90 days
after the issuance of the permit therefor. If not so commenced, the permit
shall be automatically terminated. Permits thus terminated may be renewed
upon the payment of an additional permit fee as originally required.
A.
Every permit shall expire at the end of the period of
time which shall be set out in the permit.
B.
If the permittee shall be unable to complete the work
within the specified time, he or she shall, prior to the expiration of the
permit, present, in writing, to the City Clerk and approved by the City Engineer
a request for an extension of time, setting forth therein the reasons for
the requested extension. If, in the opinion of the City Engineer, such an
extension is necessary and not contrary to the public interest, the permittee
may be granted additional time for the completion of the work.
C.
Permits are not transferable from one person to another,
and the work shall not be done in any place other than the location specifically
designated in the permit.
A.
Any permit may be revoked by the City Engineer after
notice to the permittee for:
(1)
A violation of any condition of the permit or of any
provision of this article.
(2)
A violation of any provision of any other applicable
ordinance or law relating to the work.
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or properties of others. A
permittee may be granted a period of three days from the date of the notice
to correct the violation and to proceed with diligent prosecution of the work
authorized by the permit before said permit is revoked.
B.
Written notice of any such violation or condition shall
be served upon the permittee or his or her agent engaged in the work. The
notice shall contain a brief statement of the grounds relied upon for revoking
the permit. Notice may be given either by personal delivery thereof to the
person to be notified or by certified United States mail addressed to the
person to be notified.
C.
When any permit has been revoked and the work authorized
by the permit has not been completed, the City Engineer shall cause such work
as may be necessary to restore the street, or part thereof, to as good a condition
as before the opening was made. All expenses incurred by the City shall be
recovered from the permittee and from the bond the permittee has made or filed
with the City.
A.
When the excavation involves passing the center line
of the roadway, no opening or excavation in any street shall extend beyond
the center line of the street until the previously opened section has been
backfilled and the surface of the street temporarily restored in a safe and
acceptable condition. No more than 250 feet measured longitudinally shall
be opened in any street at any one time, except by specific approval of the
City Council. No person to whom a permit has been issued under the provisions
of this article shall disturb more pavement than the permit provides for without
first applying for and receiving permission to do so.
B.
All pavement cuts, openings, and excavations shall be
properly made, backfilled, and temporarily surfaced by the permittee according
to the requirements of this article and the instructions of the City Engineer.
Cuts in existing paving shall be done in straight lines with no jagged edges
permitted.
C.
In no case shall any opening made by a permittee be considered
in the charge or care of the City or any of its officers or employees, and
no officer or employee is authorized in any way to take or assume any jurisdiction
over any such opening, except in the exercise of the public power when it
is necessary to protect life and property.
D.
Permanent restoration of the street shall be made by
the permittee in strict accordance with the requirements of this article and
the instructions of the City Engineer to restore the street to its original
and proper condition, or as near as may be. Acceptance or approval of any
excavation work by the City Engineer shall not prevent the City from asserting
a claim against the permittee and his/her/its surety bond required hereunder
for incomplete or defective work if discovered within 24 months from the completion
of the excavation work. The City Engineer's presence during the performance
of any excavation work shall not relieve the permittee of his or her responsibilities
hereunder.
E.
When any earth, gravel, or other excavated material is
cause to roll, flow, or wash upon any street, the permittee shall cause the
same to be removed from the street within eight hours after deposit. In the
event that the earth, gravel, or other excavated material so deposited is
not removed, the City Engineer shall cause such removal, and the cost incurred
shall be paid by the permittee prior to the release of the performance bond.
F.
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 a manner that the same shall be left in as good a 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 — 2001 and as amended. References to articles
or sections hereinafter refer to said state highway specifications.
(1)
Trenches shall be backfilled in layers not to exceed
six inches and a vibratory tamper must be used. Compactions of 95% 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.
(2)
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 the end of this article.[1]
[1]
Editor's Note: Said detail is on file and available from the
City Engineer or City Clerk.
(3)
Bituminous concrete street restoration specifications.
(a)
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 or her
own discretion, submit samples of the soil aggregate for a gradation analysis,
with the cost of said analysis to be borne by the applicant.
(b)
Temporary restoration.
[1]
Asphalt roadways: less than 150 square feet.
[a]
For openings in asphalt roadways that are less than 150
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 the adjacent paved surfaces. A four inch lift of stabilized base
course, Mix I-2, followed by a two inch lift of bituminous concrete cold patch
installed to grade.
[b]
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 be inadequate, 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, which shall be completed within not
more than 90 days from the date of the opening.
[2]
Asphalt roadways: greater than 150 square feet.
[a]
For openings in asphalt roadways that are greater than
150 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 the adjacent base course. Mix I-2, shall then be installed to
grade.
[b]
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 be inadequate, 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, which shall be completed within not
more than 90 days from the date of opening.
(c)
Final restoration.
[1]
Asphalt roadways: less than 150 square feet.
[a]
For openings less than 150 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 bituminous concrete surface course,
Mix I-5, shall then be placed to a level even with the existing road grade.
[b]
Greater than 150 square feet. For openings greater than
150 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 bituminous concrete surface course, Mix 1-5, being placed
to a level even with the existing road grade.
(d)
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.
(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 1/2 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 centerline of
the cartway to the curbline. 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.
(f)
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:
[1]
It shall be NJDOT Class B concrete.
[2]
It shall have a minimum thickness of not less than four
inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
[3]
It shall have a minimum width of not less than five feet
for sidewalks unless otherwise directed by the City Engineer.
[4]
It shall have control joints not more than five feet
for sidewalk, 10 feet for curb and gutter and expansion joints not more than
20 feet for sidewalk, curb and gutter.
(g)
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
if such shrinkage or settlement shall occur within three months from the time
the surface thereof is restored.
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 bond issued by a company authorized
to do business in the State of New Jersey, in a form satisfactory to the City
Clerk and in the penal sum of 100% of the full amount of the total estimated
construction costs. A certified check drawn in favor of the City of Egg Harbor
for the same amount (100% of the total estimated construction costs) may be
substituted for the performance surety. 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 City Engineer.
(2)
In lieu of the above-mentioned performance surety, public
utility companies, or authorities may post an annual performance surety for
$10,000 or for an increased amount determined by the City Engineer. The City
Solicitor shall approve the form of surety.
B.
Maintenance surety.
(1)
In addition to the posting of a performance surety, and
as a condition to the release of same, the City of Egg Harbor may, at its
discretion, require the applicant to post a maintenance surety in the form
of either a surety or guaranty bond issued by a company authorized to do business
in the State of New Jersey, in a form satisfactory to the City Solicitor and
in the penal sum of 15% of the performance surety. A certified check, drawn
in favor of the City of Egg Harbor, for the same percentage (15% of the performance
surety) may be substituted for the maintenance surety.
(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.
(3)
The applicant shall be responsible for all maintenance
and repairs required at the site for a period of one-year following completion
of construction.
A.
All contractors and their employees doing work for an
applicant are required to be covered by a policy or policies of liability
insurance. Said insurance shall provide coverage for public liability of at
least $100,000 per person per occurrence, $300,000 per occurrence for bodily
injury liability, and at least $50,000 per occurrence for property damage.
B.
A certificate of insurance that confirms the aforementioned
coverage shall be submitted to the City Engineer whenever a performance surety
is posted.
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 fireplugs, Passageways leading to fire
escapes or fire-fighting equipment shall be kept free of piles of material
or other obstructions.
The following measures shall be taken to protect the public and ensure
their safety:
A.
When it is necessary to leave an opening unfinished overnight
or for an extended period of time, the applicant shall be required to place
barricades with lights at and along the opening. The barricades or protection
devices shall identify the name of the applicant and a telephone number by
which the applicant can be reached. The applicant shall be required to notify
the City Police Department when an opening is to remain unfinished.
B.
The number and placement of the barricades or protection
devices shall conform to the recommended standards as noted in the Manual
on Uniform Traffic Control Devices for Streets and Highways, as published
by the United States Department of Transportation, Federal Highway Administration,
latest edition, as amended. All methods of protection shall require flashing
devices.
C.
All applicants shall be required to contact the New Jersey
One Call Utility Opening Service, at 1-800-272-1000.
D.
The permittee shall erect and maintain suitable timber
barriers to confine the earth from trenches or other excavations so as to
encroach upon highways as little as possible.
E.
The permittee shall construct and maintain adequate and
safe crossings over excavations and across highways under improvement to vehicular
and pedestrian traffic at all street intersections.
(1)
Vehicular crossings shall be constructed and maintained
of plant timbers and blocking of adequate size to accommodate vehicular traffic
safely. Decking shall be not less than four inches thick and shall be securely
fastened together with heavy wire and staples.
(2)
Pedestrian crossings shall consist of planking three
inches thick, 12 inches wide and adequate length, together with necessary
blocking. The walk shall be not less than three feet in width and shall be
provided with a railing, as required by the City Engineer.
F.
No person shall willfully move, remove, inure, destroy,
or extinguish any barrier, warning light, sign, or notice erected, placed,
or posted in accordance with the provisions of this article.
G.
Access to private driveways shall be provided, except
during working hours when construction operations prohibit provisions of such
access. Residents shall be notified by the permittee at least 12 hours before
the start of operation requiring the closing of the normal access or accesses
to property.
H.
Excavated materials shall be laid completely along the
side of the trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic or
to abate dirt or dust nuisance, the City Engineer may require the permittee
to provide toe boards or bins. If the street is not wide enough to hold excavated
material without using part of the adjacent sidewalk, the permittee shall
keep a passageway at least 1/2 the sidewalk width open along such sidewalk
line.
A.
The City shall not be responsible for any injury or damage
to persons or property resulting from the negligence of the applicant or his
servants, agents, or employees in making, grading, filling any excavation
permitted under the terms of this article,
B.
This article shall not be constructed as imposing upon
the City or any official or employee any liability or responsibility for damages
to any person injured in 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.
A.
All utility facilities shall be exposed sufficiently
ahead of trench excavation work to avoid damage to those facilities and to
permit their relocation, if necessary, and all utility companies shall be
notified by the permittee at least three working days before work is started.
B.
Pipe drains, pipe culverts or all other facilities encountered
shall be protected adequately by the permittee
C.
Any person whose facilities are damaged by the permittee
may make necessary repairs and file a claim against the permittee with the
City for the fair and proper costs of such repairs. The City Engineer shall
not authorize the release of the performance bond until the claim has been
resolved. In the event of damage, responsibility for repair or replacement
shall be assumed by the permittee.
Monuments of concrete, iron, or other lasting material set for the purpose
of locating or preserving the lines of any street or property subdivision,
or a precise survey reference point or a permanent survey benchmark within
the City, shall not be removed or disturbed or caused to be removed unless
permission to do so is first obtained, in writing, from the City Engineer.
Permission shall be granted only upon condition that the permittee shall pay
all expenses incident to the proper replacement of the monument.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee to
provide proper drainage to the satisfaction of the City Engineer. No person
shall divert or discharge water into, upon, or across any street, avenue,
road, highway, or sidewalk in the City so that a nuisance is created or a
hazardous or dangerous condition is created or the pavement or road surface
is damaged thereby.
Provisions of this article shall apply in those instances where the
highway is maintained by the State of New Jersey, except where superseded
by state law or regulations. The permittee shall notify the City Clerk, City
Engineer and the Police Department 24 hours before any work is commenced.
Said notice shall be in writing.
Where a county road is involved, an applicant shall apply for and secure
a permit from Atlantic County. The City Clerk, City Engineer and Police Department
shall be notified 24 hours before work is commenced. Said notice shall be
in writing.
The provisions of this article shall not apply to public utility companies
having contracts with the City or operating under special ordinances or statutes;
nor to any person constructing sidewalks, pavement, or public sewers, or doing
any work in or on any of the streets, avenues, roads, or highways under and
in pursuance of a contract entered into between such person and this City,
provided that these provisions or the equivalent are incorporated into any
said contract, specification or requirements. In the event that these provisions
or the equivalent are not incorporated into any said contract, specification
or requirements, then the provisions of this article shall apply.
All excavating work shall be done in a manner conforming to the safety
requirements of the New Jersey Department of Labor and any other applicable
state and federal laws and regulations.
Every permit shall be granted subject to the right of the City or of
any other person entitled thereto to use the street for any purpose for which
such street may lawfully be used, not inconsistent with the permit.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof before the Judge of the Municipal Court, be subject to a fine not exceeding $ 1,000 or to imprisonment in the City or county jail for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Penalties for violating the emergency road opening provisions are contained in § 235-18A of the City Code.
Street openings and excavations performed by the City of Egg Harbor
or agents of the City of Egg Harbor are exempt from the provisions of this
article.
