[Adopted 3-7-2006 by Ord. No. 2-2006 (Ch.
100, Art. I, of the 1974 Code)]
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 instance
involving a 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.
A commercial enterprise with utility services similar in
size and volume to those of an individual dwelling unit and which
has a limited number of employees and customers on the site.
Applies to an individual dwelling unit or small business
establishment installing, upgrading or replacing utility services
and not involving the extension of a main.
The provisions of this article shall apply to
all streets now or hereinafter dedicated for public use.
[Amended 6-28-2011 by Ord. No. 4-2011]
A.
It shall be unlawful to dig, excavate, open or in any manner interfere
with or disturb the right-of-way of any municipal street within the
City of Northfield for any purpose whatsoever without first securing
a street opening permit. This shall include when a sidewalk is in
the right-of-way.
B.
In order to obtain a permit to open a sidewalk in the right-of-way
of any street, the applicant must file a completed application form
with the City of Northfield Zoning Office. Applications and permits
for the excavating or opening of a sidewalk in a right-of-way will
be issued by the City of Northfield Zoning Office.
C.
In order to obtain a permit to open curbing or driveway apron, the
applicant must file a completed application form with the City Engineer.
Applications and permits for the excavating or opening of curbing
or driveway apron will be issued by the City Engineer.
D.
In order to obtain a permit to open any asphalt or other street surface,
the applicant must file a completed application form with the City
Engineer. Applications and permits for the excavating or opening of
any asphalt or other street surface will be issued by the City Engineer.
E.
The completed application form will also be examined by the City
of Northfield Police Department, which will make all final determinations
pertaining to traffic safety.
[Amended 6-28-2011 by Ord. No. 4-2011]
A.
Opening of sidewalk on the right-of-way of any street.
(1)
Application for permission to make any opening of any sidewalk on
the right-of-way of any street only shall be made to the City of Northfield
Zoning Office. Such application shall be made on the required application
form and shall be signed by the applicant and shall specify:
(a)
The applicant's name, address and phone number (local and
out of town).
(b)
The name, address and phone number of the person or firm who
or which will be performing the work.
(c)
The length and width of such excavation.
(d)
The purpose for which the excavation is to be made.
(e)
The estimated time required to complete the work and restore
the surface.
(f)
Such other information as may be prescribed by the City of Northfield
Zoning Office.
(2)
A fee of $50 shall be paid to the City Clerk, c/o the City of Northfield
Zoning Office, prior to the issuance of the permit only for the opening
of any sidewalk on the right-of-way of any street.
(3)
The area to be opened, disturbed or undermined by the applicant shall
be reviewed by the City of Northfield Zoning Office.
(4)
Inspection will be performed by the Zoning/Building Officer of the
City of Northfield during regular business hours of the City of Northfield.
B.
Opening of curbing and driveway apron.
(1)
Application for permission to make any opening of a curbing or driveway
apron 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:
(a)
The applicant's name, address and phone number (local and
out of town).
(b)
The name, address and phone number of the person or firm who
or which will be performing the work.
(c)
The length and width of such excavation.
(d)
The purpose for which the excavation is to be made.
(e)
The estimated time required to complete the work and restore
the surface.
(f)
Such other information as may be prescribed by the City Engineer.
(2)
A fee of $250 shall be paid to the City Clerk, c/o the City Engineer,
prior to the issuance of the permit for the opening of any curbing
or driveway apron. Of this $250, $125 is for the application fee and
$125 is for the inspection fee.
(3)
The area to be opened, disturbed or undermined by the applicant shall
be reviewed by the City Engineer.
(4)
Inspection will be performed by the City Engineer.
C.
Opening of any asphalt or other street surface.
(1)
Application for permission to open any asphalt or other street surface
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:
(a)
The applicant's name, address and phone number (local and
out of town).
(b)
The name, address and phone number of the person or firm who
or which will be performing the work.
(c)
The length and width of such excavation.
(d)
The purpose for which the excavation is to be made.
(e)
The estimated time required to complete the work and restore
the surface.
(f)
Such other information as may be prescribed by the City Engineer.
(2)
A fee of $500 shall be paid to the City Clerk, c/o the City Engineer,
prior to the issuance of the permit for the opening of any asphalt
or other street surface. Of this $500, $200 is for the application
fee and $300 is for the inspection fee. 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 $15 per square yard.
[Amended 1-24-2017 by Ord. No. 1-2017]
(3)
The area to be opened, disturbed or undermined by the applicant shall
be reviewed, measured, determined and inspected by the office of the
City Engineer.
[Amended 1-24-2017 by Ord. No. 1-2017]
(4)
Inspection is required for installation of new and replacement of
existing underground utility mains (i.e., water, gas, cable, telephone,
storm sewer, sanitary sewer, etc.). An inspection fee deposit shall
be paid by the applicant to the City Clerk. The amount of the deposit
shall be as determined by the City Engineer in accordance with the
City Engineer's contract with the City of Northfield.
[Amended 1-24-2017 by Ord. No. 1-2017]
(5)
Applications shall also be required for the installation of utility
poles and related construction work within the street right of limits.
Permit applications and accompanying sketches must be submitted for
approval; the permit fee may be waived at the discretion of the City
Engineer if the intended work is not adversely impacting upon the
existing improvements.
[Added 1-24-2017 by Ord.
No. 1-2017]
[Amended 6-28-2011 by Ord. No. 4-2011]
A.
The utility shall give written notice, except in emergencies, to
the City Engineer and the City of Northfield Zoning Office of all
openings within the street rights-of-way which it desires to open.
In the event of an emergency, oral notification is still required.
[Amended 4-24-2012 by Ord. No. 3-2012; 1-24-2017 by Ord. No. 1-2017; 5-30-2017 by Ord. No. 6-20177-16-2019 by Ord. No. 10-2019]
No permit shall be issued for any street opening
which would disturb the pavement of any road having been entirely
constructed, reconstructed or overlaid by the City of Northfield or
its agents or contractor(s) until a period of five years after the
completion of said construction, reconstruction or overlay, except
as permitted 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.
Public utility opening. In the event a local or state public utility provider applies for a street opening permit that is not on the basis of an emergency opening or a hardship condition opening, both as detailed below, a local or state public utility provider may, with the written permission and approval of the office of the City Engineer, be permitted to open a road subject to the § 330-15 moratorium provided the local or state public utility provider agrees to perform a full width roadway restoration spanning the entire city block(s) in which the opening(s) occur(s) plus up to an additional 45 feet of restoration on both ends of the aforesaid restoration limits to any and all existing pavement match lines at the intersections at both ends of the city block(s) being restored.
B.
Emergency opening. In the event that a person
or 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 City Engineer shall determine that no such emergency
existed, then the person or entity so opening the street and/or roadway
shall have a fine imposed upon such person or entity in the amount
of $2,000 for any nonemergency opening. This shall be in addition
to any and all restoration requirements.
C.
Hardship condition. In the event that a person or entity has a hardship condition which requires a street opening permit to be issued contrary to § 330-15B above, the City of Northfield, in its sole and absolute discretion, may grant relief if all of the following conditions are met:
(1)
A letter addressed to the City, in care of the 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 applicant making the request shall serve a notice
to all property owners within 200 feet of the subject property, by
certified mail, return receipt requested, or by personal hand delivery,
a minimum of 10 days prior to the public meeting.
(4)
The applicant 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 location including but not limited
to the subject or nearest street address, block and lot and intersection.
(b)
State the reason for the hardship.
(c)
State the type and size of the 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 the proposed street opening at least three
days in advance of the public meeting.
(e)
State the date and time of the 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 includes 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.
D.
Roadway restoration.[1]
(1)
In the event that an emergency or hardship requires
the opening of a roadway that has been resurfaced by the City or its
agents or contractor(s) 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.
(2)
Trench restoration may be permitted under special
circumstances, and at the option of the City of Northfield and the
City Engineer for openings having a minimum impact on the longevity
and serviceability of the street in question. See detail at end of
chapter.
[1]
Editor's Note: The details referred to below
are on file in the City offices.
E.
Partial Restoration. In the event that an opening is required in
a roadway that has been partially resurfaced by the City, its agents,
contractors and/or other utility companies, then, in the sole and
absolute discretion of the City, a minimal opening may be allowed,
subject to the following:
[Added 6-28-2011 by Ord. No. 4-2011]
A.
Roadway restoration.
(1)
Any street opening on a street that has been constructed, reconstructed,
or overlaid between five years and eight years after the completion
of said construction, reconstruction, or overlay will require a half-width
paving from the center line to the curb on the side affected by the
opening. The trench shall be repaved with six inches of gravel or
similar subbase, four-inch stabilized base (HMA19M64) to the surface.
The half width of the street shall then be milled 1 1/2 inches
deep from the center line to the curbline a distance of 20 feet on
either side of the opening edges. A one-and-one-half-inch surface
course (HMA9.5M64) shall be machine-placed and rolled as per New Jersey
Department of Transportation Standard Specifications for Roads and
Bridges-2007, and as amended.
(2)
At the opening crosses over the center line of the street, the above
street repair shall be full-width restoration.
B.
Calculation of five-year to eight-year period.
(1)
The five-year period as articulated herein shall be calculated from
December 31 of the year in which said road was constructed, reconstructed
or overlaid and run five years thereafter. The end date of this five-year
period is the beginning date of the five-year to eight-year period
articulated herein.
(2)
The eight-year period as articulated herein shall be calculated from
December 31 of the year in which said road was constructed, reconstructed
or overlaid and run eight years thereafter. The end date of this eight-year
period is the end date of the five-year to eight-year period articulated
herein.
[Amended 6-28-2011 by Ord. No. 4-2011]
A.
Opening of sidewalk on the right-of-way of any street.
(1)
The Zoning/Building Officer of the City of Northfield, upon receipt
and examination of the application and the fee referred to hereinabove,
shall issue a permit under his hand for the excavation of any sidewalk
on the right-of-way of any street only. He shall specify on the permit
that it is good for a thirty-day period from the date of issuance.
He shall further specify on the permit that such work shall be completed
and restored within 48 hours after work is commenced or within a duration
of time which in his opinion is reasonable and fair.
(2)
The applicant shall notify the City of Northfield Zoning Office 24
hours before the commencement of any work so that appropriate inspection
can be made where required.
B.
Opening of curbing and driveway apron; opening of any asphalt or
other street surface.
(1)
The City Engineer, upon receipt and examination of the application
and the fee referred to hereinabove, shall issue a permit under his
hand for the excavation. He shall specify on the permit that it is
good for a thirty-day period from the date of issuance. He shall further
specify on the permit that such work shall be completed and restored
within 48 hours after work is commenced or within a duration of time
which in his opinion is reasonable and fair.
(2)
The applicant shall notify the City Engineer 24 hours before the
commencement of any work so that appropriate inspection can be made
where required.
A.
The applicant to whom such permit is issued shall,
within the time limit in such permit, replace the earth and pavement
in the excavation in such 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-1989,
and as amended. Reference 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. Ninety-five-percent
compaction shall be required. Puddling of backfill is strictly prohibited.
Should there be a deficiency, additional backfill material shall be
supplied by the permittee. Whenever the City Engineer shall deem the
material unsatisfactory for backfill, the permittee shall provide
acceptable material for the backfill.
(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 end of chapter.[1]
[1]
Editor's Note: Said detail is on file in the
City Offices.
(3)
Bituminous concrete street restoration specifications
shall be as follows:
(a)
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
NJDOT requirements for I-5 materials. The City Engineer may, at his
discretion, submit samples of the soil aggregate for a gradation analysis,
with the costs of said analysis borne by the applicant.
(b)
Temporary restoration.
[1]
Less than 100 square feet. For openings in asphalt
roadways that are less than 100 square feet, the temporary restoration
will consist of the installation of six inches of soil aggregate,
Type I-5, to a level of six inches below the level of adjacent paved
surfaces, and a four-inch lift of stabilized base course, Mix I-2,
followed by a two-inch lift of a bituminous concrete cold patch installed
to grade.
[2]
Greater than 100 square feet. For openings in
asphalt roadways that are greater than 100 square feet, the temporary
restoration will consist of the installation of six inches of soil
aggregate, Type I-5, to a level six inches below the level of the
adjacent paved surfaces. A six-inch lift of stabilized base course,
Mix I-2, shall then be installed to grade.
[3]
These temporary surfaces shall be left in place
for a period of not less than 45 days to allow sufficient settlement
to occur. Should settlement continue to occur, the City Engineer shall
determine when the work is acceptable for final restoration. The permittee
shall be responsible for all maintenance deemed necessary by the City
Engineer until such time as the final restoration is completed.
(c)
Final restoration.
[1]
Less than 100 square feet. For openings less
than 100 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.
[2]
Greater than 100 square feet. For openings greater
than 100 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 I-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 center line of the cartway to the
curbline. (See detail at end of chapter.[2]) 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.
[1]
If an opening occurs in an area which does not
have a pavement surface, the applicant is required to restore the
given area with a minimum of eight inches of gravel.
[2]
If an opening occurs in an area typically reserved for sidewalks, but has none at the time of the opening request, it is required to be restored with as called for in § 330-17A and also shall include an installation of four inches of topsoil with a finished application of sod or seeding.
[3]
Two openings to be accomplished by the same
utility that are within approximately 10 feet of one another will
require a minimum of half-width restoration to the surface.
[4]
Any opening crossing perpendicular to the center
line of the road will require a full-width restoration to the surface
for an additional width of two feet on each side of the disturbance.
Any opening crossing nonperpendicular to the center line will require
a full-width restoration to the surface from a point measured parallel
with the center line two feet from the farthest point of disturbance.
[5]
All exploratory holes shall be repaired as directed
by the City Engineer.
[2]
Editor's Note: Said detail is on file in the
City Offices.
(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 Class B with a design strength of
3,700 psi.
[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.
[4]
It shall have control joints not more than five
feet for sidewalk and 10 feet for curb and gutter, and expansion joints
not more than 20 feet for sidewalk, curb and gutter.
B.
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 Northfield 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 form of surety shall be approved by the City Solicitor.
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 Northfield
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 Northfield, 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.
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.
A.
All applicants and their agents and employees are
required to be covered by a policy or policies of liability insurance.
Said insurance shall provide minimum single-limit coverage for all
public liability and property damage in the amount of $1,000,000,
and the policy of insurance shall further name the City of Northfield
as an additional insured.
B.
A certificate of insurance that confirms the aforementioned
coverage and that specifically names the City of Northfield as an
additional insured shall be submitted to the City Engineer whenever
a performance surety is posted.
C.
The applicant shall also save and hold harmless the
City against any and all liability incurred by the City as a result
of the negligence of the applicant, or its agents, servants or employees,
in making, grading or filling in the excavation permitted under the
terms of this article.
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 debris, construction materials or other obstructions.
The following measures shall be taken to protect
the public and ensure their safety:
A.
When it is determined by the City of Northfield that
it is necessary to leave an opening unfinished overnight or for an
extended period of time, the applicant shall be required to place
barricades 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.
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
or filling any excavation permitted under the terms of this article.
The applicant shall also save and hold harmless the City against any
and all liability incurred by the City as a result of the negligence
of the applicant, or its agents, servants or employees, in making,
grading or filling in the excavation permitted under the terms of
this article.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction in the Municipal
Court of the City of Northfield, be punished for each offense by one
or more of the following: a fine not to exceed $2,000, or imprisonment
for a term not exceeding 90 days in the county jail, or a period of
community service not exceeding 90 days. The Municipal Judge before
whom any person is convicted of a violation of this article shall
have power to impose any fine or term of imprisonment, or both, not
exceeding the maximum fixed in this article. Nothing in this section
shall be construed to relieve an offender from the obligation to restore
any street in accordance with the provisions of this article. The
Court may hold the violator responsible for restitution to the City
for any and all amounts expended by the City to restore any street
left in an unrestored condition by any applicant.
Street openings and excavations performed by
the City of Northfield or agents of the City of Northfield are exempt
from the provisions of this article.
