[Adopted by Ord. No. 22 (§ 13-2 of the Revised General Ordinances), as amended
through Ord. No. 16-2000]
Whenever any person or persons or corporation shall have authority, under any contract with this Borough or under any permit authorizing the same, to remove the pavement or flagging from or to open or excavate or to occupy or use any part of the public streets in the Borough so as to obstruct the travel in any streets and to prevent the same from being used for the time being for the purpose of travel, such person, persons or corporation shall erect or cause to be erected, in conspicuous positions at the several points of intersection of such street so obstructed with the cross streets nearest to such obstruction, a suitable notice of such obstruction, which notice shall be in such manner and form as the Borough Superintendent may at any time direct; and every person or corporation who shall violate any provisions of this section shall be liable to the penalty established in § 330-32 for each offense.
A.
It shall be the duty of every person or persons or corporation engaged in digging down any street, in paving any street or section of a street, building any sewer or drain, digging any trench for gas pipes or water pipes or making any opening or excavation in any of the public streets of the Borough, under contract with the Borough or any officer thereof or by virtue of any permission which may have been granted to them by the Borough or the Borough Superintendent where such work, if left exposed, would be dangerous to passengers, to erect a fence or railing at such excavation or work in such a manner as to prevent danger to passengers who may be traveling such streets and to continue and keep up the railing or fence until the work shall be completed or the obstruction or danger removed; and it shall also be the duty of such person or persons or corporation to place upon such railing or fence, at twilight in the evening, suitable and sufficient lights and keep them burning through the night during the performance of such work under the penalty as provided in § 330-32 for every neglect or violation of any of the provisions of this section.[1]
B.
It shall be the duty of the Borough Superintendent to see that the
provisions and requirements of this section in regard to the erection
of the fencing or railing and placing lights in all such cases be
complied with, and to make complaint of all violations thereof to
the Code Enforcement Officer.
A.
Permit required.
(1)
It shall be unlawful for any person, company, firm, corporation or
other legal entity to perform any excavation work, dig up, excavate,
tunnel, undermine, or in any manner break up a street or to make or
cause to be made any excavation in or under the surface of any street
for any purpose or to place, deposit or leave upon any street any
earth or other excavated material, obstructing or tending to interfere
with the free use of the street, or dig up, break, excavate or undermine
or in any way affect any other public improvement without first obtaining
a written excavation permit for so doing from the Borough Clerk.
(2)
In the event of any emergency in which a sewer, main, conduit or
utility in or under any street breaks, bursts or otherwise is in such
condition as to immediately endanger the property, life, health, or
safety of any individual, the person owning or controlling such sewer,
main, conduit, or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of property, life, health and safety of individuals. However, such
person owning or controlling such facility shall apply for an excavation
permit not later than the end of the next succeeding day during which
the Borough office is open for business and shall not proceed with
permanent repairs without first obtaining an excavation permit hereunder.
(3)
The Borough Clerk shall issue an excavation permit to any person,
company, firm, corporation, or other legal entity who performs work
under contract to the Borough without fee.
B.
Denial of permit, appeal. The Borough shall be authorized to refuse
the issuance of any permit if they ascertain after consultation with
the Superintendent of Public Works, Borough Engineer or otherwise
that such refusal is in the interest of public safety, public convenience
or public health. If a permit is refused, an appeal may be taken to
the Borough Council. The Borough Council, after hearing the applicant
and such other evidence as may be produced, may either direct the
issuance of the permit or sustain the refusal.
[Amended 12-8-2009 by Ord. No. 2009-23; amended 5-13-2014 by Ord. No. 2014-007]
Borough shall be in accordance with fee schedule Resolution
which shall be adopted annually by the Mayor and Borough Council.
A.
Bond. If an individual repair deposit required by § 330-22C
exceeds $1,000 or if the aggregate of the repair deposits which any
applicant expects to be required to provide within a period of one
year exceeds $5,000, or if the applicant be a public utility regulated
by the federal government and/or the State of New Jersey, then the
Borough may allow the portion of the required repair deposit in the
form of a surety bond. If a surety bond is provided in accordance
with the requirements of this subsection, the applicant shall deposit
with the Borough Clerk a surety bond in the amount determined by the
Superintendent of Public Works and/or Borough Engineer made payable
to the Borough of Spring Lake. The required surety bond must be:
(1)
With good and sufficient surety.
(2)
By a surety company authorized to transact business in the State
of New Jersey.
(3)
Satisfactory to the Borough Attorney in the form and substance.
(4)
Conditioned upon the permittee's compliance with this article and
to secure and hold the Borough and its officers harmless against any
and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the Borough,
the Borough Council or any Borough officer may be made liable by reason
of any accident or injury to person or property guarding the excavation
or for any other injury resulting from the negligence of the permittee,
and further conditioned to fill up, restore and place in good and
safe condition as near as may be to its original condition and to
the satisfaction of the Department of Public Works and/or Code Enforcement
Officer all opening and excavation made in streets and to maintain
any street where excavation is made in as good condition for the period
of 12 months after said work shall have been done, usual wear and
tear excepted, as it was in before said work shall have been done.
Any settlement of the surface within said one-year period shall be
deemed conclusive evidence of defective backfilling by the permittee.
B.
Insurance. No permit shall be issued until the applicant has furnished
the Borough with satisfactory proof that he is insured against injury
to persons and damage to property caused by any act or omission of
the applicant, his agents, employees or subcontractors done in the
course of the work to be performed under the permit. The insurance
shall cover all hazards likely to arise in connection with the work,
including but not limited to, collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $1,000,000 for injury to any one
person, $500,000 for property damage for a single incident. In cases
where the character or nature of the proposed excavation work are
such as to present an unusual hazard of a higher than normal risk
of damage or injury, the Borough Council may require increased amounts
of liability and property damage insurance.
Backfilling shall be done with native material, which means
that the material removed in the excavation shall be used in the backfilling
operation unless, in the opinion of the Borough Superintendent or
Borough Engineer, the native material will not compact and consolidate
properly, and in such event, a substitute material shall be used.
The backfilling material shall be moistened thoroughly and mechanically
tamped until the material is compacted and consolidated in a proper
manner. All excess material shall be removed from the streets and
adjacent areas.
A.
All work shall be done in a manner as to cause a minimum of interference
with travel on the street affected. No street shall be closed to traffic
unless the closing is approved by the Borough and Chief of Police.
The Borough shall be informed of all street closings at least 24 hours
in advance, except in an emergency when notice shall be given when
the work commences.
B.
All refuse and materials shall be removed within 48 hours of completion
of all work under the permit. In the event the permittee fails to
clean the affected property, the Borough, upon 24 hours' notice to
the permittee, may clean and remove all rubbish, excess earth, rock,
debris, and unused material and charge the permittee with the cost
thereof. If the permittee fails to reimburse the Borough for the cost
incurred, said cost may be deducted from the permittee's cash deposit
if placed in lieu of a surety bond.
C.
All excavation shall be completely backfilled and compacted by tamping,
vibrating, rolling, flushing with water or other suitable means as
required by the soil in question and sound construction practices.
Where it is determined the excavated material is unsuitable for backfill,
the permittee shall supply clean sand, dense graded aggregate, or
other suitable pervious material. All backfilling of excavation shall
be done in layers. Layers that are hand tamped shall not exceed three
inches in thickness; layers that are power tamped shall not exceed
six inches in thickness. All excess materials shall be removed from
the site and properly disposed.
D.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
E.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable State laws
and regulations.
[Amended 5-13-2014 by Ord. No. 2014-005]
Temporary restoration of the street opening is to be made immediately
after the trench has been backfilled and compacted properly. The permanent
restoration of the street surface shall be done within a period of
three months, weather permitting, from the date that the temporary
restoration was installed. The permanent restoration shall, to the
extent possible, match or duplicate the original street surface, including
any sidewalks, gutters or curbs thereon or contiguous thereto, in
type, material, color and texture of the original surface of the streets,
sidewalks, gutters or curbs.
A.
Once the excavation work area has been properly backfilled and compacted
the pavement shall be saw cut and removed a minimum of six inches
on each side of the excavation to expose undisturbed subgrade. Excavations
less than two feet from the curb line will require removal of existing
pavement for the excavation to the curb line. All edges shall be prepared
with tack coat.
B.
The permittee shall install no less than six inches of bituminous
stabilized base course, Stone Mix No. I-2, to the surface of the excavation.
C.
All excavations shall be allowed to settle for no less than 90 days
and no more than 180 days. During this time period, the permittee
shall be responsible for maintaining the surface of the excavation.
If excavations cannot be allowed to settle more than 90 days the contractor
shall backfill with soil cement to a minimum of 24 inches below the
asphalt pavement.
[Amended 5-13-2014 by Ord. No. 2014-005]
D.
The permittee shall remove the bituminous stabilized base repair
to a depth of 1 1/2 inches below the surface of the existing
street by milling. The milling limits should be at least one foot
beyond the base repair. The milled area shall be treated with a tack
coat and paved with a minimum of 1 1/2 inches of bituminous concrete
surface course, Stone Mix No. I-5.
E.
In streets constructed of cement concrete with a bituminous concrete
overlay pavement shall be replaced with the equivalent concrete and
bituminous pavement, thickness to match existing. Replacement of cement
concrete with bituminous concrete is not permitted.
F.
After an additional period of at least 60 days or as directed by
the Borough Engineer, the area shall be repaired using infrared equipment
as follows:
(1)
Sweep away any loose soil or standing water from the area to be repaired.
(2)
Position infrared panel over area to be repaired.
(3)
Allow infrared to penetrate 5 to 9 minutes depending on depth, season
and aggregate.
(4)
Rake softened in place material removing old joints, seams and rough
areas.
(5)
Rake out a percentage of the 3/4 inch stones from the top 2 inches
of softened base material.
(6)
Add HMA surface course material as necessary to meet required grade.
(7)
Compact with vibratory roller as required.
[Added 5-13-2014 by Ord.
No. 2014-005]
G.
All materials and workmanship to be in accordance with the NJDOT
Standard Specifications for Road and Bridge Construction.
[Amended 5-13-2014 by Ord. No. 2014-005]
H.
If the excavation involves and/or disturbs any lawn area adjacent
to the street and/or curb, then this area must be restored to grade
and condition existing prior to the excavation. In the event that
the adjacent property consisted of a mature, existing lawn, then,
and in that event, the disturbed lawn area will be repaired by the
replacement of sod turf only and not grass seed.
[Amended 5-13-2014 by Ord. No. 2014-005]
I.
At all times the permittee shall not leave, in an unguarded or unprotected
area, any machinery or equipment of any type which may have the effect
of attracting children and which could be detrimental to their health,
safety and welfare.
Whenever a street opening permit is requested by another governmental
unit or by a contractor doing business with the governmental unit,
the provisions of this section shall apply in all respects. The surety
bond required by another governmental unit from the contractor must
show, as a named insured "the Mayor and Council of the Borough of
Spring Lake, a municipal corporation of the State of New Jersey,"
and a copy of the surety bond must be furnished to the Borough of
Spring Lake.
This section is not intended to apply to street openings made
by employees of the Borough of Spring Lake, either in installing water
or sewer mains and pipes or in doing any repair or restoration work.
The Borough Council reserves the right to specify reasonable
times when street openings are permitted and, further, to specify
a reasonable completion date for the work. In addition, the Borough
Council may prohibit street openings at certain times of the year
when, in its opinion, such street openings will interfere unduly with
the orderly flow of traffic or for some other compelling reason.
A.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. The work on any opening to be made under the
permit provided for in this section shall be commenced within 10 days
from the date of the permit and the work prosecuted with due diligence
until its completion. If for any reason, the work is not commenced
within the period of 10 days the applicant shall present the permit
to the Borough Superintendent and notify the Borough Clerk, who shall
thereupon either return the fee or extend the time for the beginning
of the work for another period of 10 days by endorsement of the permit.
C.
Possession of permit. By copy of the permit together with a copy
of the plan endorsed with the approval of the Borough shall be kept
in possession of the person actually performing the work and shall
be exhibited on demand to any duly authorized employee of the Borough
or police officer.
D.
Revocation of permit. The Borough may revoke a permit for any of
the following reasons:
(1)
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
(2)
Violation of any condition of the permit issued.
(3)
Carrying on work under the permit is a matter 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.
The procedure for revoking a permit shall be the same as that set
forth in this revision for the revocation of licenses, except that
the initial hearing shall be before the Borough Council. The Council
may provide in their decision that the revocation shall not become
effective if the permittee corrects the violation within a specified
period of time.
E.
Modification of permit conditions. In an emergency the Borough Council
may authorize special conditions to which the issuance of the permit
may be subject, or any decide that any provision of this article shall
not apply or shall be altered.
The Superintendent of Public Works and/or Borough Engineer may
make any rules and regulations considered necessary for the administration
and enforcement of this article, but no regulation shall be inconsistent
with, alter or amend any provision of this article, or impose requirement
which is in addition to those expressly or by implication imposed
by this article. No regulations shall be effective unless they are
approved by resolution of the Borough Council. Copies of all current
regulations shall be furnished each permittee at the time of the issuance
of the permit.
If the work is not completed within the time specified in the
permit or any extension granted by the Borough if not performed in
accordance with the regulations set forth in this article and any
other regulations that may be established by the Borough Council,
then the Borough may complete the work itself and restore the surface
of the street. The cost of completing the work and restoring the street
shall be charged to the permittee and may be deducted from his deposit
or recovered by an action in any court of competent jurisdiction.
