[Adopted 3-7-2006 by Ord. No. 1489[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 382, Art. V, of the 1981 Code, Street Openings, adopted 6-7-1990 by Ord. No. 1067, as amended.
As used in this article, the following words
and terms shall have the following meanings unless an alternate meaning
clearly is discernible from the context in which the word or term
is used.
The owner, contractor, developer, public or private entity,
agency or utility applying for a permit and to whom a permit is issued.
[Added 4-14-2015 by Ord.
No. 1675]
Any individual, firm, agency, public or private entity, agency
or utility performing the work for which the permit is issued.
[Added 4-14-2015 by Ord.
No. 1675]
The Superintendent of Public Works and/or the City Engineer
and/or the Chief of Police or any other person authorized by Mayor
and Council of the City of North Wildwood to oversee the work performed
under this article.
[Amended 9-5-2006 by Ord. No. 1506]
The unforeseen and unintentional need to open a street surface
for the repair of an existing underground utility.
Any road, highway, public way or public alley accepted and
maintained by the City of North Wildwood as a public street, as well
as any state or county road over which the City has acquired jurisdiction
by agreement, as well as any other easement or right-of-way over which
the City has acquired jurisdiction without regard to whether or not
said easement or right-of-way has been improved and maintained.
[Amended 4-14-2015 by Ord. No. 1675]
Any cinder, dirt or gravel road without oil treatment and
all other roads under the jurisdiction of the City.
No person shall make an excavation, tunnel,
dig, open or in any manner disturb or interfere with any street within
the City of North Wildwood for any purpose whatsoever without first
obtaining and being in possession of a valid permit to do such work
issued from the office of the City Clerk.
A.
An application to open, excavate, disturb, tunnel
or dig between the curblines, pavement edges, sidewalks, park strip,
or in any driveway area shall be made to the City Clerk and shall
be made on the required form and contain the following information:
(1)
The applicant's name, address, telephone number (both
local and out-of-town, if applicable), e-mail address and emergency
contact number if different than telephone number above.
[Amended 4-14-2015 by Ord. No. 1675]
(2)
The name, address, telephone number, emergency contact
number of the firm or individual who will be completing the work.
(3)
Name of the street where the opening is to be made
and the street address, if any, of abutting properties.
(4)
The City of North Wildwood Tax Map block and lot number
of the property for the benefit of which the opening is to be made.
(5)
Nature of the surface in which the opening is to be
made.
(6)
Character and purpose of the work proposed.
(7)
The length and width of the excavation.
(8)
Time when the work is to be commenced and completed.
(9)
Such additional or other information deemed necessary
by the City Clerk and/or the Director.
B.
Each application shall be accompanied by a set of
plans in quadruplicate showing the exact location and dimensions of
all openings.
[Amended 10-7-2008 by Ord. No. 1550; 4-14-2015 by Ord. No. 1675]
A.
Fees must be paid when the application for a permit is made in the
amounts as hereinafter set forth. A nonrefundable/nontransferable
fee of $250 shall be charged for each permit, and shall be paid to
the City prior to the issuance of the permit for all excavations less
than or equal to 150 square feet. In addition, an escrow fee of $1,000
shall be paid to the City of North Wildwood with the application for
permit to cover City inspection costs of the work to be performed.
If said area to be opened, excavated, disturbed or damaged exceeds
150 square feet, the additional footage shall be classified as excess
footage and an additional fee shall be charged and payable by the
applicant for all footage in excess of 150 square feet at a rate of
$2.50 per square foot, which said fee shall be in addition to the
initial and escrow fees above. In addition, applications containing
multiple openings/excavations are permitted; however, each opening/excavation
is subject to the fees included herein, and the Director will calculate
the aggregate fees accordingly. Any unused portion of the escrow fee
shall be returned to the applicant, and any additional fees for excess
footage shall be due and payable by the applicant to the City. In
addition, all applicants shall be charged an additional fee equal
to the product of the area of the excavation multiplied by the appropriate
current bid rate per square foot of surface, which current bid rates
shall be annually obtained by the City from independent contractors,
plus 25% of said product or $500, whichever is greater, to cover the
City's inspection and engineering fees and costs associated with completion
of the required final restoration work. In computing the area of excavation
for streets a one-foot-wide strip along all sides of the neat street
opening shall be included.
B.
Utility and water companies shall be permitted to post one general
escrow account in an amount to be determined by the director (engineer)
based upon the application(s) submitted and the scope of work to be
performed and/or an amount estimated and projected to be completed
within one calendar year. The general escrow account shall have a
minimum balance maintained at all times, which balance shall not be
less than 25% of the initial escrow amount required to be posted.
Invoices to be paid from the general escrow account must have a filed
application for each street opening prior to payment being issued
by the Chief Financial Officer of the City of North Wildwood.
C.
An additional fee of $1,000 will be assessed for all street openings
and/or excavations located within the asphalt pavement on any street
within the five-year moratorium.
D.
Notwithstanding the foregoing, by resolution of the City Council,
permit fees, or a portion thereof, may be waived as to any utility
company proposing to complete improvements to pipes, conduits, ducts
or other facilities and infrastructure used for the purpose of supplying
gas, electricity, communications, water, sewer or steam to or from
the City and its inhabitants under the surface of any street that,
within 12 months, is scheduled for complete reconstruction by the
City. However, a waiver of permit fees under this subsection if granted,
shall not exempt the utility company from complying with the other
provisions of this article and chapter.
[Amended 4-25-2017 by Ord. No. 1713]
E.
All invoices submitted to the City for payment for costs or fees
pursuant to this article must be accompanied with permit number prior
to payment being issued.
F.
If the inspection escrow fee that is required by this article would be duplicative of the inspection fees that already have been posted in accordance with the provisions of § 276-68F then, when the applicant pays the required permit fees hereunder, the applicant may request, in writing, that the inspection escrow fee required hereunder be waived. If such a written request is made then no permit shall be issued until the City Engineer reports to City Council that the inspection escrow fee required hereunder in fact would be fully or partially duplicative of an inspection fee that the applicant already has posted pursuant to § 276-68F and the inspection escrow fee required hereunder should be fully or partially waived and if partially waived the amount by which the inspection escrow fee required hereunder should be reduced. Upon receipt of the report from the City Engineer, City Council may waive or reduce the inspection escrow fee required hereunder by resolution. Upon adoption of the resolution, the permit then may be issued when all other requirements therefore, including payment of the reduced inspection escrow fee if not fully waived, have been met.
[Added 4-25-2017 by Ord.
No. 1713]
The Director may order the measurement of any
section and then demand increased permit fees to be made by the applicant
if the original permit fees were for a lesser area than actually opened.
[Amended 9-5-2006 by Ord. No. 1506; 4-14-2015 by Ord. No. 1675]
Permits shall be issued under the authority
of the City Clerk and the Director and in accordance with the provisions
of this article and the regulations which the Director may establish,
upon receipt of a complete application including payment of all fees.
The permit is valid for a thirty-day period from the date of issuance.
The permit shall further specify that all work shall be completed
and restored within 48 hours after work is commenced or within duration
of time which the Director determines to be reasonable and fair. The
applicant shall notify the Director 48 hours in advance of commencing
any work so that appropriate inspections can be scheduled and completed
where required. There shall be a moratorium on all street openings
and excavations between the third Friday in June and the fourth Friday
in September. If the period of permit validity falls between those
dates, the City Clerk and Director shall delay the effective date
of the permit to such a date so that the period of permit validity
would fall outside those dates unless extension of time has been granted
by the Director in writing.
[1]
Editor's Note: Former § 382-19 of the 1981 Code, Contents
of permit; filing, was repealed 4-14-2015 by Ord. No. 1675.
No permit shall be issued for any street opening
or excavation which would disturb the pavement of any road having
been constructed, reconstructed, resurfaced, repaved or overlaid until
a period of five years after the completion of said construction,
reconstruction, resurfacing, repaving or overlay has lapsed, except
in the event of an emergency or hardship as described below. It is
understood the five-year period as described herein shall be calculated
from December 31 of the year in which said road was constructed, reconstructed,
resurfaced, repaved or overlaid and run five years thereafter.
Prior to any street within the City being reconstructed,
improved, repaved, or overlaid in accordance with a scheduled project
approved by Mayor and Council, the City Clerk shall distribute notice
to all property owners abutting the street and to all public utilities
and authorities operating in the City that the street is scheduled
for improvement, and that, upon completion of the reconstruction,
improving, repaving or overlaying, the five-year street opening moratorium
will be in effect as aforesaid. Said notice shall declare that all
connections and repairs to existing utilities in the street and all
extensions, replacements or other such work, including the installation
of sewer laterals and other utility connections from sewer, gas or
water mains to the curbline of unimproved lots, which require excavation
and disturbance of the street shall be completed within 30 days of
receipt of notice. The time for the completion of the work may be
extended by the Director, upon application by the person performing
the work. This section shall not excuse any person, firm or entity
from the requirement to obtain a permit as provided herein, except
that there will be no requirement of posting a performance guarantee
for the street restoration and no fee for surface restoration.
Notice as required by § 382-19.2 shall be served by regular first class mail upon the required property owners, as those owners are identified in the current tax records of the City, at the address to which tax bills are mailed as those addresses appear in the current tax records of the City. In the event that a tax bill is mailed to a mortgagee, then the notice shall be mailed to the address where the duplicate, informational tax bill is sent as that address appears in the current tax records of the City. When real estate is held by joint tenants, tenants in common, tenants by the entirety or by a corporation, service upon any one tenant, or upon an officer, director, or stockholder in the case of corporation, shall be effective service. In the case of a public utility or authority operating in the City, notice shall be served upon the person in charge of the office of the public utility or authority, providing that the public utility or authority maintains an office within the City; and if the public utility or authority does not maintain an office within the City, then service shall be made by mailing the notice to the public utility or authority at the office which it maintains for the purpose of conducting business within the City. If the owner is unknown and if for any reason service cannot be made in the manner provided hereinabove, the notice shall be published in a newspaper circulating in the City at least once, which publication will provide that the necessary work as specified in § 382-19.2 above shall be completed within 30 days from the date of publication. Notices to the owners of several different parcels of real estate may be inserted in the same publication.
[Amended 4-14-2015 by Ord. No. 1675]
Where the property owner, after being served with notice, fails to make the required repairs, connections or installations, as provided by § 382-19.2 or as notified by the Director, Mayor and Council may cause the improvements to be made by or under the supervision of the appropriate municipal officer or may award a contract for the making of the repairs or improvements. The officer of the City in charge of the improvements shall keep an accurate account of the costs. Mayor and Council shall examine the report and, if properly made, confirm it and file it with the officer charged with the collection of assessments who shall record it in the book in which other assessments of the City are recorded. Before confirming the report, Mayor and Council shall give notice to the owner of the property of the time and place fixed for the examination of the report. The notice shall be served in the manner provided in § 382-19.3, but failure to give notice shall not invalidate any assessment.
A.
In emergency situations during normal business hours,
the applicant shall notify the Director and the Police Department
of the emergency prior to the opening of the street. Application must
be made as soon as possible thereafter with the payment of the required
fees. During nonbusiness hours, weekends and holidays, the applicant
shall notify the Police Department of the emergency prior to excavating
the street. On the next business day the applicant shall make application
for the emergency street opening, explaining the reason for the emergency,
and pay the appropriate fees.
[Amended 10-7-2008 by Ord. No. 1550]
B.
In the event that an entity shall be required to open
a street as a result of an emergency, said emergency opening shall
be reviewed by the Director and if the Director shall determine that
no such emergency existed, then the entity so opening the street shall
have a fine imposed upon such entity in the amount of $2,500 for the
first nonemergency opening, a $5,000 fine for a second nonemergency
opening, and a $10,000 fine for a third nonemergency opening.
[Amended 4-14-2015 by Ord. No. 1675]
[Amended 10-7-2008 by Ord. No. 1550; 4-14-2015 by Ord. No. 1675]
In the event a property owner experiences a
hardship condition which requires a street opening permit to be issued
contrary to the sections contained in this article, the City of North
Wildwood may grant relief if and only if the following conditions
are satisfied:
A.
The property owner shall submit a letter to the City
Clerk detailing the hardship necessity to open the street in lieu
of waiting the prescribed period of time.
B.
Upon receipt of the letter, a public meeting date
will be set for the City Council to review the situation and justification
presented for formal action.
C.
The letter detailing the pertinent information necessary
to review the request, such as property street address, block and
lot, reason for the request, and type and size of street opening proposed.
D.
The City shall consider the request at a public meeting
and review all objections, if any. Approval or denial of the request
shall be through formal adoption of a resolution.
E.
If Council grants a moratorium waiver request authorizing
excavation of a roadway under moratorium necessitated by utility main
improvements, final restoration will require a minimum of full cartway
width extending intersection to intersection. The applicant will be
required to mill the existing roadway to a depth of two inches extending
from intersection to intersection for the full width of the roadway
(curbline to curbline) and install a two-inch thick lift of bituminous
concrete surface course, Mix I-5, for the entire length. All edges
shall be coated with an asphalt tack coat prior to a two-inch lift
of bituminous concrete surface course being placed on the roadway.
F.
Authorized street excavations for utility main improvements
on any roadway deemed to be in good condition, as determined by the
Director, may require resurfacing the entire roadway as described
in this section and as directed by the Director.
[Amended 10-7-2008 by Ord. No. 1550]
A.
A full width curb-to-curb restoration will be required
on all streets constructed, reconstructed, resurfaced, repaved or
overlaid by the City within the previous five years of an opening
necessitated by emergency or moratorium waiver opening. The restoration
shall consist of six-inch thick dense graded aggregate base course
and a six-inch thick bituminous stabilized base course, Mix I-2, or
equivalent as determined by the Director, brought flush with existing
grade, within the excavated area. A full width, curb-to-curb, milling
two inches in depth to extend 50 feet beyond the limit of excavations
shall be performed after proper settlement in the trench area. The
allowable time for trench settlement shall be 45 days unless directed
otherwise by the Director. The final surface course shall be a two-inch
thick bituminous concrete surface course, Mix I-5, or equivalent as
determined by the Director.
[Amended 4-14-2015 by Ord. No. 1675]
B.
Trench restoration may be permitted under extraordinary
circumstances and at the sole discretion of the City of North Wildwood
and the Director for openings having minimum impact on the integrity,
longevity and serviceability of the street in question.
[Amended 4-14-2015 by Ord. No. 1675]
Within the time period allotted, the permit holder shall replace
the earth and pavement in the excavation in such manner that the same
shall be left in as good as a condition as it was prior to the excavation
commenced. In general, the excavation, refilling and restoration of
any street shall be in accordance with the New Jersey Department of
Transportation, Standard Specifications for Road and Bridge Construction,
as amended, hereinafter called NJDOT Standard Specifications, except
as further modified herein:
A.
Trenches shall be backfilled in layers not to exceed six inches and
a vibratory tamper must be used; 95% compaction is required. Puddling
of backfill is not permissible. The applicant shall provide additional
material, approved by the Director, as necessary should there be a
deficiency. The Director shall be present during backfilling.
B.
Roadways with a concrete base or soil-cement base course shall be
restored using a combination of concrete and asphalt approved and
determined by the Director. After backfilling in accordance with the
requirements of this article and immediately before repaving, the
applicant shall remove the pavement and base course for a distance
of one foot all around the neat area of the excavation and shall replace
the base course and wearing surface with Class B concrete and bituminous
pavement, Type FABC-1 or equivalent as approved by the Director, respectively.
In addition, any excavation located within 10 feet of another excavation,
after one overcut, performed by the applicant or for the property
benefitting by the excavation shall be overcut to provide a single
contiguous excavation.
C.
Bituminous concrete street restoration specifications.
(1)
Gravel base course - dense graded aggregate. Gravel shall consist
of compact soil aggregate, Type I-5, and shall be installed six inches
thick. Recycled concrete product may be substituted for the soil aggregate
base course, contingent upon it meeting the NJDOT requirements for
I-5 materials. The Director may, at his sole discretion, submit samples
of the soil aggregate for gradation analysis, at the sole cost of
the applicant. After backfilling in accordance with the requirements
of this ordinance and immediately before temporary restoration, the
applicant shall overcut the excavation for a distance of one foot
all around the neat area of excavation and shall perform the temporary
restoration as defined below. In addition, any excavation located
within 10 feet of another excavation, after one foot overcut, performed
by the applicant or for the property benefitting by the excavation
shall be overcut to provide a single contiguous excavation.
(2)
Temporary restoration.
(a)
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 adjacent paved surfaces. Two three-inch lifts of stabilized
base course, Mix I-2 or equivalent as approved by the Director, shall
then be installed to grade.
(b)
The 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 Director shall determine when the
work is acceptable for final restoration. The permittee shall be responsible
for all necessary maintenance until such time as the final restoration
is completed.
(3)
Final restoration.
(a)
All surface restoration shall be accomplished by the accepted contractor for the City. The Director may grant a waiver to utility companies to allow the utility companies to perform the final restoration by an experienced and qualified contractor. The Director shall make determination of the qualifications of the contractor and the Director's determination is final. In the case that such waiver is granted to the applicant by the Director, the applicant shall be charged a permit fee as determined in § 382-16, except the applicant will not be charged a fee for the surface restoration by the City's accepted contractor. However, in lieu of the surface restoration fee as described in § 382-16, the applicant will be charged an additional fee for necessary inspection services as follows: the applicant will be charged $400 for the first 100 square feet per opening, $0.50 per square foot for each additional square foot above 100 square feet per opening, not to exceed a total inspection fee of $2,500 per opening.
(b)
The trenches shall be milled and neat saw cut to a depth of
two inches 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 I-5 or equivalent as approved by the Director,
being installed to a level even with the existing road grade. All
surface joints around the perimeter of the resurfaced trench shall
be hot sealed, three-inch minimum width, with a NJDOT approved roadway
joint sealant.
(4)
No surface water shall be entrapped or ponded on the resurfaced
areas. If any ponding occurs, the applicant will be responsible for
performing whatever remedial action is required by the Director.
D.
If more than two individual excavations would be required within
a one-hundred-foot length, a single trench must be used rather than
individual excavations. If more than one excavation or trench would
occur within a one-hundred-foot length, the applicant will be required
to mill the existing roadway to a depth of two inches extended 20
feet beyond the extreme limits of trenches and install a two-inch-thick
lift of bituminous concrete surface course, Mix I-5 or equivalent
as approved by the Director, for the entire length.
E.
Final restoration will require a minimum of 1/2 width of cartway.
Any trenches or excavations extending beyond the centerline of the
cartway will require final restoration of the entire cartway from
curbline to curbline. The trench shall be milled to a depth of two
inches to a distance of at least one foot beyond the actual trench
limit from the centerline of the cartway to the curbline or from curbline
to 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 or equivalent as approved by the Director, being placed level
with the existing road grade. All surface joints around the perimeter
of the resurfaced roadway shall be hot sealed, three-inch minimum
width, with a NJDOT approved roadway joint sealant.
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
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.
The applicant shall be responsible for the restoration of any and
all traffic markings disturbed during the course of completion of
the work. Traffic markings shall be restored with long-life thermoplastic
materials, unless approved otherwise by the Director. The Director
may waive this provision at their sole discretion.
H.
The City shall not be responsible for financial restitution or payment
of any costs or fees except if same are incurred for properly authorized
City construction.
All street opening permits issued pursuant to
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 applicant
from taking any other reasonably necessary precaution for the protection
of persons or property.
B.
All work shall be completed 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 Chief of Police and the Director. The Police Department shall
be informed of all street closings at least 48 hours in advance.
C.
The Director may, upon application by the applicant,
extend the time limit during which the permit shall be valid.
D.
No work shall be completed in such a manner as to
interfere with any water main or sewer main, or any connection with
either of the same, from any building unless that is the purpose of
the excavation or permission has been obtained in advance from the
Director. No work shall be carried on in such a manner as to result
in destruction or damage of any property of the City unless this is
necessary for completion of the work and permission has been obtained
in advance from the City department or agency having jurisdiction
over such property.
E.
Pavement shall be cut with pneumatic hammers or mechanical
pavement cutters, saws or other like tools. The edges of the opening
shall be kept as square and clean-cut as possible. The paved roadway
surfaces shall be cut vertically only on a straight line before excavating
to avoid undermining an adjacent roadway. The trench in which any
utilities and/or appurtenances are to be constructed shall be excavated
in open cut from the surface and in such a manner and such depth and
width as will give suitable room for bracing and supporting, pumping
and draining at the applicant's discretion. The maximum trench width
at the top of the pipe shall be two feet plus the outside diameter
of the pipe. The applicant may, where it will not interfere with the
work or adjacent structures of property, slope the sides of the excavation
beyond the width specified above. The sides of the trench may only
be sloped from a point starting two feet above the top of the pipe.
F.
No trench may be refilled until such time as the Director
or a designee has inspected the subterranean installations and approved
same.
G.
All excavations shall be completely backfilled by
the applicant. As much as possible of the material excavated shall
be replaced. Such material shall be compacted by tamping or other
suitable means in a manner prescribed by the Director. Where the Director
determines that the excavated material is unsuitable for backfill,
the applicant shall backfill the excavation with sand, soft coal,
cinders, or other suitable material which shall be placed in layers
not exceeding six inches in depth and thoroughly compacted in a manner
prescribed by the Director. Upon completion of the work the applicant
shall remove any excess material and leave the premises in a clean
condition. If the Director determines that any backfilled excavation
has settled or caved in, he shall so notify the applicant who shall
promptly continue backfilling until the Director determines that settlement
is complete.
[Amended 4-14-2015 by Ord. No. 1675]
H.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
six parts sand.
I.
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. Any rock or other substance within five
feet of any water main, sewer line or other facility which may be
damaged by blasting shall be removed without blasting.
J.
The applicant shall be responsible for obtaining any
and all construction permits as may be necessary by the construction
office or any local, state or federal agency that may have jurisdiction.
K.
If the work is not completed within the time specified
in the permit or any extension granted by the Director, or is not
performed in accordance with the regulations set forth in this section
and any other regulations that may be established by the Director,
then the Director and/or the authorized City contractor may complete
the work himself and restore the surface of the street or have the
same completed by this agent. The cost of completing the work and
restoring the street shall be charged to the applicant and may be
recovered by an action in any court of competent jurisdiction.
[Amended 4-14-2015 by Ord. No. 1675]
A.
Location of existing utilities. Prior to any excavation,
the applicant or their representative, hereinafter called contractor,
shall bear the responsibility of locating and marking, either by paint
on the pavement or placement of stakes in the ground, the location
of all water services, gas services, gas mains, water mains, sewer
mains, sewer laterals, telephone, telecommunications and electric
raceways or conduits and drains within the area to be excavated. The
applicant is required by law to request an obtained utility markout
by calling 811 prior to digging/excavating.
[Amended 4-14-2015 by Ord. No. 1675]
B.
Depth of utility. In general, the depth at which the
utility is installed shall be in accordance with the requirements
of the applicable utility company or code, but in no case shall it
be less than 18 inches below the finished surface of the roadway.
C.
Length of trench to be opened.
(1)
No more trench shall be excavated than can be
properly backfilled within the same day. In addition, if the trench
area is going to be open to traffic, the trench shall be paved by
using the methodology hereinabove specified for street restoration
and as specified in the NJDOT Standard Specifications, by using a
temporary riding surface such as cold patch or steel plates or by
some combination of the above.
(2)
The length of trench to be opened or the area
of the surface to be disturbed or unrestored at any one time shall
be limited by the Director with regard to expeditious construction
and to the convenience and comfort of the persons residing in the
neighborhood or frequenting the streets in question. New trenching
will not be permitted when earlier trenches need backfilling or labor
is needed to restore the surface of the streets to a safe and proper
condition.
D.
Acceptance of utility company. Prior to final restoration
of the roadway, the applicable utility company shall certify that
the installation has been completed in accordance with their requirements,
including but not limited to flood proofing, joint sealing and corrosion
protection, where applicable. A copy of this acceptance is to be provided
to the City Construction Code Official.
E.
Care of existing structures. Care shall be taken not
to move, without the consent of the Director, any sewers, drains,
culverts, poles, water or gas pipes, etc., or structures near them
that may be encountered during the construction. They shall be securely
hung, braced and supported in place by the contractor at his own expense.
All utility poles adjacent to the excavation shall be protected and
braced during construction. Whenever it is necessary to interfere
with the structures, the contractor shall maintain services at his
own expense and repair all damages. The contractor shall leave them
in as good condition as he found them.
F.
Dewatering. The contractor shall furnish sufficient
pumping equipment and provide at his own expense satisfactory drainage
whenever needed in the trench and other excavation during the progress
of the work. All water pumped and bailed from the trench or other
excavation shall be conveyed in a proper manner to a suitable point
of discharge. The flow in all sewers, drains and watercourses encountered
on the work, in gutters along the side of or across the work, shall
be entirely provided, both temporarily and permanently, as required,
by the contractor and at his expense.
G.
At all times the contractor shall use silenced pumps
for his dewatering, bypass pumping, etc., except as approved otherwise
by the Director for use during the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday. During all other hours, on weekends and holidays
the contractor must use silenced pumps or shut said pumps off by 5:00
p.m. and restart them no earlier than 8:00 a.m. the following working
day.
A.
Transferability. Every permit shall apply only to
the person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 30 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate.
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the Director,
must be kept in the possession of the person actually performing the
work and shall be exhibited on demand to any duly authorized employee
of the Director or to any police officer of the City or to any construction
code official.
D.
Revocation of permit.
(1)
The Director may revoke a permit for any of
the following reasons:
(a)
Violation of any provision of this article or
any other applicable law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on the work under the permit in a manner
which endangers life or property, or which creates any condition which
is unhealthy, unsanitary or declared by any provision of this revision
to constitute a nuisance.
(2)
No permit shall be revoked until the applicant
has been afforded notice and an opportunity to be heard. In the case
of an emergency which creates an immediate danger to the public health
or safety, the Director may suspend a permit and order work under
the permit to cease immediately, without the necessity of a hearing.
In that event, the applicant shall be afforded an opportunity to be
heard as soon as possible. When any permit is revoked, the Director
may provide in his decision that the revocation shall not become effective
if the applicant corrects the conditions which led the Director to
move to revoke the permit.
E.
Modification of permit conditions. In a special case,
Mayor and Council may, by resolution, impose special conditions to
which the issuance of the permit may be subject or may decide that
any provision of this section shall not apply or shall be altered.
The Director may make any rules and regulations
which he considers necessary for the administration and enforcement
of this section, but no regulation shall be inconsistent with, alter
or amend any provision of this article, or impose any requirement
which is in addition to those expressly or by implication imposed
by this article. No regulations shall be effective unless they shall
be approved by resolution of Mayor and Council. Copies of all current
regulations shall be furnished to each permittee at the time of the
issuance of the permit.
[Amended 4-14-2015 by Ord. No. 1675]
Except in the case of an emergency during nonbusiness
hours, the applicant shall be required to notify the Director at least
48 hours prior to opening any street. The purpose of such notification
is to enable the Director at least 48 hours to inspect or have the
site inspected by his designee. Inspections will be required prior
to any backfilling, temporary surface restoration and final surface
restoration. No performance guarantees will be returned until such
time as the Director has satisfied himself that the applicant has
complied with all requirements of this chapter relative to opening,
backfilling and restoration of the street surface.
[Amended 10-7-2008 by Ord. No. 1550]
Prior to issuing any permit for any work in
a public street, certain performance and maintenance guarantees are
to be posted with the City Clerk.
A.
Performance guarantee.
(1)
The performance guarantee shall be in the form
of a certified check drawn in favor of the City of North Wildwood
for 100% of the total estimated construction costs. A corporate guaranty
bond or surety bond issued by a company authorized to do business
in the State of New Jersey in a form satisfactory to the City Clerk,
may be substituted for a certified check, if the full amount of the
total estimated construction costs exceeds $20,000. Said corporate
guaranty bond or surety bond shall remain in effect until such time
as all work has been inspected and accepted by the Director and must
be so stated on the bond. The estimated construction 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 Director.
A minimum amount of $4,000 shall be posted for any permit.
(2)
In lieu of the above mentioned performance guarantee,
applicants may post an annual performance guarantee of $50,000 or
for an increased amount determined by the Director. The form of surety
shall be approved by the City Solicitor.
B.
Maintenance guarantee.
(1)
In addition to the posting of a performance
guarantee, and as a condition to the release of same, the City of
North Wildwood may, at its discretion, require the applicant to post
a maintenance guarantee in the form of a certified check drawn in
favor of the City of North Wildwood in the penal sum of 15% of the
performance guarantee.
(2)
Applicants posting and continually maintaining
a performance guarantee in accordance with this section will not be
required to post a separate maintenance guarantee.
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. The purpose of posting the sureties above
is to guarantee to the City that any construction, excavation or road
opening will be performed and completed in an acceptable fashion consistent
with the provisions of this section. In the event that the Director
determines that the excavation, construction or restoration and refilling
has not been performed consistent with the requirements of this section,
he shall be entitled, after reasonable notice to the applicant, to
correct such deficiencies, to take the performance and/or maintenance
guarantees or cash posted by the applicant and utilize them to correct
any deficiencies, and have the area restored to its proper condition.
D.
Return of performance and maintenance guarantees.
(1)
Upon acceptance by the Director of the work
for which the performance guarantee was posted, the Director shall
notify the North Wildwood Chief Financial Officer that the unused
portion of the performance guarantee may be returned to the applicant
at which time the North Wildwood Chief Financial Officer will return
the unused portion of the performance guarantee to the applicant.
If less than the full amount of the performance guarantee is being
returned to the applicant, the North Wildwood Chief Financial Officer
shall provide the applicant with an itemization of the charges which
were made against the performance guarantee as such charges were authorized
by the Director.
(2)
Upon expiration of the period of one year next
following completion of construction, the Director shall notify the
North Wildwood Chief Financial Officer that the unused portion of
the maintenance guarantee may be returned to the applicant at which
time the North Wildwood Chief Financial Officer will return the unused
portion of the maintenance guarantee to the applicant. If less that
the full amount of the maintenance guarantee is being returned to
the applicant, the North Wildwood Chief Financial Officer shall provide
the applicant with an itemization of the charges which were made against
the maintenance guarantee as such charges were authorized by the Director.
The applicant shall fill in and resurface any
excavated section and shall maintain the same in a condition similar
to the surrounding surface area for a minimum period of one year.
During this one-year period the performance/maintenance surety shall
remain in full force and effect. Upon certification of the Director,
by inspection made thereof, to Mayor and Council, the surety shall
be cancelled by motion of Mayor and Council. If such inspection does
not show the surface to have been substantially returned and maintained
in its original condition and level, the City shall use the surety
proceeds on notice of intent to do so by 10 days regular and certified
mail or personal service notice from the City Clerk. The City may
use the same for the proper leveling and surfacing of the section,
returning any balance of the deposit or charging the applicant for
any excess required to place the section in proper condition. If,
during the ten-day period, the applicant corrects the condition and
notifies the City Clerk, in writing, then the notice shall be conditioned
as a new application subject to reinspection and maintenance for one
year from date of correction notice.
A.
Insurance. All applicants, their contractors and any
of their contractors' subcontractors, sub-subcontractors and any other
persons or entities performing work under a permit issued pursuant
to this chapter are required to be covered by a policy or policies
of insurance that afford the insurance coverage required under this
section to the insured and all of the insured's employees, agents
and servants. Said insurance shall provide coverage for personal injury
liability insurance in the amount of at least $1,000,000 combined
single limit/$2,000,000 aggregate per occurrence and at least $500,000
per occurrence for property damage. A certificate of insurance that
confirms the aforementioned coverage shall be submitted to the City
Clerk whenever a performance surety is posted. The insurance shall
be maintained by the applicant during the period of construction or
excavation and shall name the City of North Wildwood as an additional
insured and shall provide for not less than 30 days' notice of policy
cancellation to the City.
[Amended 4-14-2015 by Ord. No. 1675; 3-5-2019 by Ord. No. 1772]
B.
Responsibility and liability of the City. The City
shall not be responsible for any injury or damage to persons or property
resulting from the negligence of the applicant or their servants,
agents or employees in making, grading or filling any excavation permitted
under the terms of this section. By accepting the street opening permit
the applicant agrees to indemnify and hold harmless the City of North
Wildwood, its agents, servants, and employees, from any damage or
liability sustained by any person or property arising out of the activities
of the applicant or its agents, servants, and employees in conjunction
with the work authorized by said street opening permit. 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. Furthermore, by accepting the permit the applicant agrees that
in the event a claim is made against the City, its agents, servants,
or employees arising out of the applicant's construction activities,
to provide the City with a legal defense and to pay any and all attorney's
fees or costs incurred by the City in connection with any claims,
suit or litigation.
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 fire
hydrants or plugs. Passageways leading to fire escapes or firefighting
equipment shall be kept free of debris, construction materials or
other obstructions.
[Amended 4-14-2015 by Ord. No. 1675]
Protection of traffic must be in accordance
with the Manual on Uniform Traffic Control Devices for Streets and
Highways or as required by the Director and/or the Chief of Police
or his designee.
The provisions of this article shall not apply
to the following:
[Amended 4-14-2015 by Ord. No. 1675; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person, firm, corporation or utility violating any of the
provisions of this article shall, upon conviction thereof, be subjected
to a fine not exceeding $2,000, or to imprisonment in the County Jail
for a period not exceeding 90 days, or community service for not more
than 90 days, or any combination thereof, for each violation, and
each day that said violation is continued shall constitute a separate
offense.
Every person owning, using or controlling pipes,
conduits, ducts or other facilities under the surface of any street,
which facilities are used for the purpose of supplying gas, electricity,
communications, water or steam to or from the City, or its inhabitants,
or for any other purpose, shall file with the City Clerk and Director
accurate information, in the form of a map, showing location, size
and description of all installations, in the form of a map.
On or before January 31 of each year, all persons
subject to the preceding section shall file with the City Clerk and
Director additional information showing all installations made or
abandoned during the previous year. If no changes have been made to
the installations during the previous year, a written statement to
that effect may be filed with the City Clerk and Director within the
period of time specified above. Any person subject to this section
may at their option, elect to provide additional information throughout
the year as it is available.
