Ventnor City, NJ Article I General Use of Streets and Sidewalks

[Adopted 8-15-2002 by Ord. No. 2002-12[1]; amended in its entirety 11-17-2016 by Ord. No. 2016-17]

[1] Editor's Note: This ordinance also repealed former Art. I, General Use of Streets and Sidewalks, adopted 5-5-1909 by Ord. No. 9-1909; amended in its entirety 5-5-1980 by Ord. No. 8006, and as subsequently amended.

§ 197-1 Street opening permit required.

Street Opening Permit Application

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2020-07-01

A. It shall be unlawful for any person, firm, corporation, or company to disturb the surface, tunnel, jack, or make any opening or excavations of any kind within any public right-of-way, either paved or unpaved, for any purpose unless such person, firm, corporation, or company shall have first completed the application, paid the necessary fees, and received a street opening permit as hereinafter provided. Any contractor, subcontractor or company under contract with the City of Ventnor City or performing work under direction of the City involving municipal water or sewer mains and laterals shall be exempt from obtaining a street opening permit.

B. It shall be unlawful for any street opening permit to be issued for the opening or disturbance of any paved roadway surface for a period of five years after the completion of the resurfacing, repaving, or reconstruction of any municipal roadway in the City of Ventnor City unless and until an emergency situation or hardship condition has been declared by resolution of the Board of Commissioners of the City of Ventnor City, New Jersey.

C. All work shall be governed by the 2007 Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, hereinafter referred to as "Specifications," and the Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration, hereinafter called "MUTCD," both as currently amended.

D. The Municipal Clerk of the City of Ventnor City shall keep the records of all permits issued by the City and submit the fees paid therefor to the City Chief Financial Officer's office, which fees shall be accounted for by the City Chief Financial Officer in the required reports to the governing body. The Municipal Clerk shall also maintain the performance guaranties and shall release the guaranties upon certification by the Public Works Supervisor that the work has been properly completed.

§ 197-2 Compliance with street opening permit specifications.

It shall be unlawful for any person, firm, corporation, or company, after having obtained a street opening permit therefor, to open or disturb an area greater than that specified in said street opening permit. No waiver from the street opening permit specifications will be permitted without first formal notification in writing to, and formal response in writing from, the office of the City Administrator.

A. No work within any public right-of-way shall be permitted before 7:00 a.m. or after 6:00 p.m., Monday through Friday. No work shall be permitted on Saturdays, Sundays and municipal holidays.

B. Prior to the placement of any equipment for work to be performed under the street opening permit, the person, firm, corporation, or company performing the work shall erect the necessary maintenance protection of traffic devices. All maintenance and protection of traffic, both signage and location, shall be in accordance with the published details of the MUTCD. Any question arising as to the amount of required traffic control devices shall be resolved by the Ventnor City Public Safety Department. Failure to establish the necessary traffic control prior to the initiation of any work under a street opening permit shall be cause for revocation of said permit.

C. Any street opening permit work which shall cause the temporary closure of one lane of traffic shall not take place until a proper traffic control plan has been submitted to and approved by the Ventnor City Police Department. After approval of said traffic control plan, at least 24 hours' advance notice by telephone shall be provided to the Ventnor City Police Dispatcher. No complete closure of any municipal street shall be permitted unless submitted with the original request for and issued under the approved street opening permit. All property owners affected by a lane closure or road closure shall be notified 48 hours in advance by door hangers.

D. Prior to the initiation of any excavation activity, proper erosion and sediment control measures shall be employed to prevent any excavated material from entering existing drainage facilities. Where it is determined necessary by the Supervisor of Public Works, inlet filter material shall be utilized during the course of excavation. Filter material shall be removed upon completion of the excavation work. For projects involving more than one day, the contractor shall maintain and replace the filter material to assure functioning in rainfall events.

E. The contractor shall be required to perform all excavation, bedding, backfilling, and disposal of excess material in conformance with Section 202 of the Specifications. All openings shall first be sawcut. Trench openings shall not be permitted to remain overnight. During excavations greater than four feet in depth, the contractor shall utilize proper equipment to protect undermining of the adjacent asphalt areas. Failure to provide proper equipment to protect from undermining of the adjacent asphalt area shall be cause for immediate cessation of work and revocation of the street opening permit. Undermined areas shall immediately be removed through sawcutting and shall become part of the obligation of the permittee for proper restoration.

F. Openings within asphalt pavement shall be restored to a condition as well as it was before the excavation was commenced. See details at the end of this article.

(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.

(3) Hot mix asphalt (HMA) street restoration specifications.

(a) Gravel. Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate, Type I-5. The use of a recycled asphalt product (RAP), dense graded aggregate (DGA) or recycled concrete product may be substituted for the soil aggregate as long as it meets the New Jersey Department of Transportation (NJDOT) requirements for I-5 materials. The City Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the cost of said analysis to be borne by the applicant.

(b) Temporary restoration.

[1] Hot mix asphalt (HMA) roadways.

[a] Less than 100 square feet.

[i] For openings in asphalt roadways that are less than 100 square feet, the temporary restoration will consist of the installation of six inches thick of soil aggregate, Type I-5, to a level of six inches below the level of the adjacent paved surfaces. A four-inch-thick lift of HMA base course, Mix 19M64, followed by a two-inch-thick lift of a bituminous concrete cold patch installed to grade.

[ii] These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed, which shall be completed within not more than 90 days from the date of opening.

[b] Greater than 100 square feet.

[i] For openings in asphalt roadways that are greater than 100 square feet, the temporary restoration will consist of the installation of six inches thick of soil aggregate, Type I-5, to a level six inches below the level of the adjacent paved surfaces. A six-inch-thick lift of HMA base course, Mix 19M64, shall then be installed to grade.

[ii] These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed, which shall be completed within not more than 90 days from the date of opening.

(c) Final restoration.

[1] Hot mix asphalt (HMA) roadways.

[a] 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-thick lift of HMA surface course, Mix 12.5M64, shall then be placed to a level even with the existing road grade.

[b] Greater than 100 square feet.

[i] For openings greater than 100 square feet, the trenches shall be saw cut and 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-thick lift of HMA surface course, Mix 12.5M64, being placed to a level even with the existing road grade.

[ii] 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.

(4) Emergency openings.

(a) No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period of five years after the completion of said construction, reconstruction or overlay, except in the event of an emergency. The five-year period as articulated herein shall be calculated from the date in which said road was constructed, reconstructed or overlaid and run five years thereafter. In the event that any 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 said City Engineer determines that no such emergency existed, then the entity so opening the street and/or roadway shall have a fine imposed upon such entity in the amount of $1,000 for the first nonemergency opening, $5,000 for a second nonemergency opening and $10,000 for a third nonemergency opening.

(b) In the event that an emergency requires the opening of a roadway that has been resurfaced by the City during the previous five years, a full-width restoration will be required. The restoration will consist of a six-inch-thick, dense graded aggregate base course, and a six-inch-thick HMA base course, Mix 19M64, 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-thick HMA surface course, Mix 12.5M64.

(c) In the event that an emergency requires the opening of a roadway, the entity shall first notify the emergency mark-out call at 811 and then notify the Ventnor City Police Department of the location and cause of the emergency before commencing any work.

(5) Hardship condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to the five-year waiting period enumerated in § 197-1 of this chapter, the City Engineer may, in accordance with the conditions set forth in the Code of the City of Ventnor, grant such relief. The City Engineer is authorized to create any form or application which he deems appropriate which will be required to be submitted by any applicant seeking a hardship street opening. The City Engineer may also determine any and all conditions pursuant to which any hardship street opening is granted, and any applicant must comply with any and all such conditions as part of the approval of said hardship street opening. To the extent the City Engineer denies any application for hardship street opening, any such applicant may appeal the same to the City Commission and the Commissioners may grant relief if all of the following conditions are met:

[Amended 4-9-2020 by Ord. No. 2020-06]

(a) A letter addressed to the City Commissioners, care of City Clerk, is received detailing the hardship and necessity of opening 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 Commissioners to take formal action.

(c) The property owner making the request shall serve a notice to all property owners within 200 feet, by certified mail, return receipt requested, or by personal hand delivery, a minimum of 10 days prior to the public meeting.

(d) The property owner shall file a copy of the notice served to adjoining property owners with an affidavit of proof of delivery of notice with the City Clerk at least three days prior to the public meeting. The notice must:

[1] Identify the property by street address and block and lot.

[2] State the reason for the hardship.

[3] State the type and size of the utility opening.

[4] 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.

[5] State the date and time of the public meeting.

[6] Be approved by the City Clerk prior to mailing.

(e) The City Commissioners 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.

(f) A request which includes the extension of a utility main shall not be considered and will be automatically denied.

(g) A request based solely on economic savings shall not be considered and will be automatically denied.

(h) Hardship requests that are granted by the City Commissioners are subject to the same restoration requirements enumerated under Subsection F(4), Emergency openings.

(6) If more than three individual excavations would be required within a twenty-foot length, a single trench must be used rather than the individual excavations.

(7) 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:

(a) It shall be Class B with a design strength of 3,700 pounds per square inch.

(b) It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.

(c) It shall have a minimum width of not less than five feet for sidewalks.

(d) It shall have control joints not less than four feet for sidewalk, 10 feet for curb and gutter and expansion joints not less than 20 feet for sidewalk, curb and gutter.

(8) Exception. If a utility company has previously repaved a street under moratorium and desires to add a new service on the street and the trench openings are not to exceed three-foot-by-three-foot trench openings, then an infrared method of trench repair will be acceptable. Trench repair shall be backfilled in layers not to exceed six inches thick, and a vibratory tamper must be used to a level six inches below the level of the adjacent paved surfaces. 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. A four-inch-thick lift of HMA base course, Mix 19M64, with a two-inch-thick lift of HMA surface course, Mix 12.5M64, shall then be installed to grade. After a minimum forty-five-day settling period, the infrared method can then be applied to the street opening.

G. Use of temporary asphalt pavement with the exception of cold patch shall be permitted only during the week in which the opening was performed. No temporary asphalt material shall be permitted to remain over weekends or holidays. All permanent paving shall be completed by the Friday of the week during which the opening was made.

H. Excavations made that disturb concrete gutter, curb, or sidewalk shall be restored with NJDOT Class B concrete within 48 hours after the opening was performed. No use of temporary asphalt patch material shall be permitted in such areas. Immediately after completion of the excavation, the area shall be brought to grade with suitable clean backfill and thoroughly compacted. The area shall then be properly coned, flagged, and/or barricaded to prevent any safety hazard.

§ 197-3 Multiple utility openings.

A. When the same utility company or authority performs five or more total cumulative openings, regardless of size, within the same street block during the five-year period following resurfacing, repaving, or reconstruction of said street, it shall be the obligation of that utility company to mill to a depth of two inches the entire block between existing gutter lines for the entire block and overlay that milled area with a two-inch-thick layer of hot mix asphalt (HMA) surface course, Mix 12.5M64.

B. When the same utility company performs five or more openings, regardless of size, within the same year in the same block beyond the five-year period of a resurfacing, repaving, or reconstruction of said street, it shall be the obligation of that utility company to mill to a depth of two inches the entire block between existing gutter lines for the entire block and overlay that milled area with a two-inch-thick layer of hot mix asphalt (HMA) surface course, Mix 12.5M64.

C. When the same utility company or authority performs trench installation exceeding 15% of the pavement's surface area within a block, or if more than 1/3 of the width of the street is disturbed, or if three or more openings, regardless of size, are made within a fifty-foot length of the street, it shall be the obligation of that utility company to mill to a depth of two inches the entire block between existing gutter lines for the entire block and overlay that milled area with a two-inch-thick layer of hot mix asphalt (HMA) surface course, Mix 12.5M64.

D. Milling and paving restoration shall not preclude the permittee from performing the required pavement restoration as stated in § 197-2, Subsection F herein, except that the finish elevation of the asphalt restoration may be lowered by two inches in anticipation of a pending milling operation. Lowering of the restoration area will not be permitted if milling and paving operations are not being performed within 48 hours of the restoration or in advance of a weekend or holiday. In no case shall the final asphalt thickness of a lowered restoration area be less than two inches in thickness.

E. Street openings for the purposes of installing new or replacing old water or sewer laterals under the ownership and maintenance of the City of Ventnor City shall be exempt from this portion of road restoration.

§ 197-4 Issuance and term of permit; emergency openings.

A. Issuance and term of permit.

(1) The Municipal Clerk of the City of Ventnor City is hereby authorized to issue a street opening permit to such person, firm, corporation, or company as shall apply for and pay the fees therefor as hereinafter mentioned.

(2) A street opening permit shall be valid for a period of not more than 30 calendar days from the date of issuance. Upon failure to perform the work within the time period as herein stated, the permittee shall forfeit the fees paid and be required to obtain a new street opening permit and pay the required fees.

(3) No street opening permit will be issued to any person, firm, corporation or company who will not actually be performing the work being requested in the permit. Utility companies or authorities utilizing subcontractors in servicing their facilities may apply and pay the fees for the street opening permit but only in the name of the subcontractor who will actually be performing the work.

B. Emergency openings.

(1) Nothing in this article shall prevent or hinder the rights of the public utility company from performing a street opening for access to their facilities in the case of an emergency affecting the health, safety, and welfare of the general public or to prevent loss or damage to municipal streets, or in order to provide the continuation of service. However, the declaration of emergency work shall not be justified by the public utility company's failure to maintain their facilities in proper and safe fashion to prevent the necessity of emergency openings.

(2) In the event of a need to perform an emergency opening, the public utility company shall be responsible for first notifying the emergency mark-out call at 811 and notifying the Municipal Clerk, if during normal municipal business working hours or, if outside normal municipal business working hours, the Ventnor City Police Department prior to the performance of the opening. The public utility company shall be required to submit the required permit information and fees in accordance with this article on the next municipal business day of the emergency opening. Such permit filing shall also include the reason for the opening and the description of the work performed.

(3) Should it be determined by the governing body of the City of Ventnor City based on the number of emergency openings performed by a public utility company that the number of emergency openings being performed in a specific area of the City indicates need to permanently repair or replace the facility, the public utility company shall be so notified, in writing, by the City Administrator. The public utility shall be required to submit a plan to the City within 30 calendar days of said notice to permanently repair or replace its facility in order to eliminate the occurrence of emergency openings. After submission of the plan to the City, the public utility company shall have 60 calendar days to obtain the necessary street opening permits and initiate the repair or replacement work. Failure of the public utility to provide the information as required in this subsection shall entitle the City of Ventnor City to declare a public health hazard and petition the Board of Public Utilities to mandate that the public utility company make the necessary repairs or replacement of its facility.

§ 197-5 Fees, sureties and escrow deposits.

In order to defray the expense of issuing the permit for the work being performed under the street opening permit and assurance that the work is being performed in the interests of the public health, safety, and welfare, the fees for each street opening permit shall be as follows:

A. Fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) For each opening or excavation not greater than 25 square feet in surface area outside of the paved cartway of any municipal street, avenue, road, or highway, the amount set forth in Chapter 114, Fee Schedule..

(2) For each opening or excavation not greater than 25 square feet in surface area within the paved cartway of any municipal street, avenue, road, or highway, the amount set forth in Chapter 114, Fee Schedule. For each additional opening within the paved cartway for the same service, the amount set forth in Chapter 114.

[Amended 11-29-2018 by Ord. No. 2018-40]

B. Surety deposits.

(1) The company to which the permit is issued shall also deposit with the Municipal Clerk, prior to the issuance of any permit, a performance guaranty in the form of a performance bond, certified or cashier's check made out to the City of Ventnor City, or cash in an amount equal to the total calculated value of the area of restoration based on the unit prices provided below, but not less than $250; as follows:

(a) Asphalt, base course: $40 per square yard.

(b) Asphalt, top course: $10 per square yard.

(c) Roadway milling: $10 per square yard.

(d) Concrete curb: $30 per linear foot.

(e) Concrete gutter: $30 per linear foot.

(f) Concrete sidewalk: $65 per square yard.

(g) Concrete driveway: $85 per square yard.

(2) In lieu of the required performance guaranty, a public utility company, as defined in Title 48, Chapter 2, Section 13, of the Revised Statutes of New Jersey (N.J.S.A. 48:2-13 et seq.) may file with the Municipal Clerk a yearly performance guaranty in the amount of $30,000. The performance guaranty shall be posted with the Municipal Clerk not later than January 15 of each year and shall only be for work performed by employees of the public utility. Independent contractor work shall not be covered by the yearly public utility guaranty. The public utility company shall have the right to request the governing body to reduce the amount of the yearly performance guaranty based on a submitted schedule of work for the year. If found acceptable, the governing body may reduce the yearly performance guaranty to an amount established by resolution for that year. Such passage of a resolution shall not entitle the public utility company to reductions in future years without proper submission of the yearly schedules as above required.

(3) The performance guaranty shall be held until completion of the work and conditioned upon either the public utility or contractor restoring to the conditions and within the time limits as outlined in the permit or elaborated in § 197-2 of this article, or both. Upon notification of completion of the work to the Municipal Clerk, the Public Works Supervisor, or his designated representative, shall inspect the work within five municipal working days. The Public Works Supervisor shall certify to the Municipal Clerk that the work is either satisfactory or unsatisfactory. If unsatisfactory, the conditions necessary to approve the work shall be so specified.

(4) Should the public utility or contractor fail to perform the work as outlined herein, the City of Ventnor shall have the right to perform the restorative work and the costs therein reimbursed by and through the performance guaranty.

C. Inspections and police directors.

(1) The City reserves the right to require the applicant to submit a separate inspection escrow fee should the amount of the restorative work dictate full-time inspection. The amount of the inspection escrow fee shall be determined by the City based on an estimate provided by the City Engineer and approved by the City Administrator. Prior to the issuance of the street opening permit by the City Clerk, the applicant shall provide the necessary inspection escrow in cash or check. Unused inspection escrow monies will be returned to the applicant upon certification by the City Engineer to the City Clerk that the work has been satisfactorily performed.

(2) The City reserves the right to require the applicant to submit a separate police director escrow fee should it be determined by the Ventnor Chief of Police that police traffic directors are necessary during the course of construction in the interests of public safety. The amount shall be established by the Chief of Police to the City Administrator based on established salary rates in accordance with the City Salary Ordinance.[1] Prior to the issuance of the street opening permit by the City Clerk, the applicant shall provide the necessary police director escrow fee in cash or check. Unused police director escrow monies will be returned to the applicant upon certification of satisfactory completion of the work.

[1] Editor's Note: Said Salary Ordinance is on file the City offices.

§ 197-6 Violations and penalties.

Any person, firm, or corporation who shall violate any of the provisions of this article shall, upon conviction thereof before the governing body or other proper officer who shall try same, be subject to a fine not exceeding the sum of $1,000 or to imprisonment for a period not exceeding 90 days. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.