For the purposes of this article, the following words, terms or phrases shall be deemed and construed to have the following meanings:
- IMPROVED ROAD, CLASS A
- Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete, brick or similar pavement and any road having a concrete base.
- IMPROVED ROAD, CLASS B
- Any road surfaced with stone or slag uniformly deposited in layers, with a total thickness of not less than four inches, where the stone or slag has been compacted by the use of a power roller and bound together by the application of bituminous binder tar or asphaltic binder.
- IMPROVED ROAD, Class C
- Any macadam or other road surfaced with a light coat of stone or oil or any water-bound macadam road without treatment and any gravel or cinder road with oil treatment.
- UNIMPROVED ROAD
- Any cinder, dirt or gravel road without oil treatment and all other roads under the jurisdiction of the City.
No person shall make any opening or excavations in any street, highway, sidewalks, curb, public alleyway or other public right-of-way under the jurisdiction of the City without having obtained a permit to do so in the manner hereafter provided; nor shall any person deface, damage or destroy the surface of any street, highway, sidewalk, curb, public alleyway or other public right-of-way.
Application for a permit under this article shall be made to the Division of Streets and shall contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The City Tax Map block and lot number of the property for the service of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans clearly showing the exact location, and dimensions of all openings.
Permits shall be issued under the authority of the Superintendent of the Division of Streets in accordance with the provisions of this article and such regulations as (s)he may from time to time establish. With respect to each application, the Superintendent or such person as (s)he may designate shall determine the initial time limit during which the permit shall be valid.
Each permit shall state the identity and address of the applicant, the name of the street and the location where the opening is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Division.
All road opening permits shall specify the quantity of materials to be recycled, where they will be taken and how they will be handled.
[Amended 11-7-2013 by Ord. No. 13-50]
All utility companies or individuals issued a street opening permit shall restore the pavement, including replacement of any traffic control devices and road striping, to a proper condition and appearance. If the permittee shall fail to restore the pavement, then the Director of the Department of Public Works shall cause such pavement to be restored and shall charge such cost to the permittee.
In the event that the Division determines that any excavation for which a permit has been issued is of greater dimensions than those stated in the permit, it shall so notify the permittee who shall pay any additional fee required immediately and before continuing any further work in connection with such excavation or construction.
Additional charges. No permit shall be issued for the excavation of any street within five years after the same has been paved or repaired, unless the Director of the Department of Public Works is satisfied that an emergency exists which necessitates such excavation. In such event, the applicant shall be charged an additional fee, not less than $1,000, in an amount sufficient to compensate for the depreciation of the pavement resulting from the excavation.
Notice of restriction on disturbing completed pavement. When the Director of the Division of Engineering and Operations shall determine to construct or reconstruct a roadway, (s)he shall serve upon the owner and tenants of the lands abutting the roadway and upon any public utility using it, prior to the advertisement of such construction or reconstruction, a notice to the effect that subsequent to the construction of the surface pavement thereon, no openings will be permitted in the roadway for a period of five years thereafter, except in the case of an emergency and upon payment of an additional fee, not less than $1,000.
Service of notice; posting. The notice required by Subsection B above shall be served upon the owner, tenant or public utility prior to the advertisement for the construction or reconstruction. If personal service upon the owner or tenant cannot be obtained, notice may be given by attaching a copy thereof to the premises, and, in the case of a public utility, by service of a copy thereof upon an officer or employee of the public utility, and further by posting signs at both ends of the proposed construction or reconstruction in the following manner:
No permit shall be issued until the applicant shall have filed a bond in an amount determined to be sufficient by the Division of Streets. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be upon the following conditions:
To indemnify and hold harmless the City from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
To indemnify the City for any expense incurred in enforcing any of the provisions of this article.
To indemnify any person who shall sustain personal injuries or damage to his/her property as a result of any act or omission of the applicant, his/her agents, employees or subcontractors done in the course of any work under the permit.
The bond may also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Division of Streets, in which case it shall be in lieu of all fees required by § 257-9. In that case, however, a fee of $10 shall be charged the applicant.
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Division of Streets. In the event that the applicant exhibits satisfactory proof that (s)he is insured against any of the occurrences specified in this section, then the existence of such insurance coverage shall be taken into consideration in determining the amount of the bond.
All permits issued under this section shall be subject to the following rules and regulations:
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 permittee from taking any other reasonably necessary precaution for the protection of persons or property.
All work shall be done 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 permission has been specifically granted by the Superintendent and unless the approval of the Division of Traffic and Lighting has also been secured. The Police Department shall be informed of all such street closings at least 24 hours in advance.
The Superintendent, upon application by the permittee, may extend the time limit during which the permit shall be valid.
No work shall be done in such a manner as to interfere with any water main or sewer line or any connection with either of the same from any building, unless that is the purpose of the excavation or unless permission has been obtained in advance from the Division of Water or the Division of Sewers. 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 unless permission has been obtained in advance from the head of the City department or agency having jurisdiction over such property.
All excavations shall be completely backfilled by the permittee, and 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 Division of Streets. Where the Division of Streets determines that the excavated material is unsuitable for backfill, the permittee 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 the manner prescribed by the Division. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clear condition. If the Division determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Division determines that settlement is complete.
All openings in paved streets shall be immediately paved with temporary pavement upon completion of the backfill. The temporary pavement shall be maintained in a smooth and safe condition until the permanent paving is placed. Temporary pavement shall be equivalent to New Jersey State Highway Department specifications for Class B cold patch mixture.
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
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.
If any work is not completed within the time specified in the permit or any extension thereof or is not performed in accordance with the foregoing regulations and such other regulations as may from time to time be promulgated by the Division of Streets, then the Division may complete such work in a proper manner and restore the surface of the street. The cost of so doing shall be charged to the permittee and may be recovered by an action in any court of competent jurisdiction.
In all cases where the fees required under this article are paid, the Division of Streets shall restore the surface of the street upon the completion of the work by the permittee in accordance with the provisions of this article.
In all cases where permits are issued hereunder wherein the permittee is to restore the surface of the street, the following rules, regulations and requirements shall apply:
No permittee shall commence the restoration of any street foundation or surface until the Division of Streets has deemed that settlement of the subsurface is complete and the area properly prepared for restoration.
All foundations shall be restored to a width of 12 inches wider than the width of the excavation and to a length of six inches longer than the length of the excavation.
The street surface shall be restored to a width of 12 inches wider than the width of the restored foundation and to a length of six inches longer than the length of the restored foundation.
When any foundation is restored by the use of cement concrete, the same shall consist of a mixture by volume of one part of portland cement, two parts of sand and four parts of gravel or stone.
All foundations and surfaces of Class A improved roads shall be restored with the same type of material and to the same depths as existed prior to the making of the excavation.
The foundations and surfaces of Class B and Class C improved roads or unimproved roads shall be made with such materials and in such manner as shall be directed in each particular case by the Superintendent of the Division of Streets.
All excavation permits issued to utility companies shall require that the utility company restore and maintain all right-of-way openings at the utility company's cost and expense.
In any special case the Superintendent may, by resolution, impose special conditions to which the issuance of the permit will be subject, or the Superintendent may in any such case deem, by resolution, that any provision of this article shall not apply or shall be altered.