For the purposes of this article, the following
words, terms or phrases shall be deemed and construed to have the
following meanings:
Any road surfaced with a pavement such as asphalt, concrete,
bituminous concrete, brick or similar pavement and any road having
a concrete base.
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.
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.
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.
A.
Application for a permit under this article shall
be made to the Division of Streets and shall contain the following
information:
(1)
Name and address of the applicant.
(2)
Name of the street where the opening is to be made
and the street number, if any, of the abutting property.
(3)
The City Tax Map block and lot number of the property
for the service of which the opening is to be made.
(4)
Nature of the surface in which the opening is to be
made.
(5)
Character and purpose of the work proposed.
(6)
Time when the work is to be commenced and completed.
B.
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.
A.
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.
B.
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]
B.
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.
A.
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.
B.
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.
C.
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:
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"Notice is hereby given that the Director of
the Department of Public Works for the City of Trenton will on or
about . . . . . . begin improvement with a permanent surface that
portion of roadway . . . . . . . . . from . . . . . . to . . . . .
. ."
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A.
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:
(1)
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.
(2)
To indemnify the City for any expense incurred in
enforcing any of the provisions of this article.
(3)
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.
(4)
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.
B.
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:
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 permittee
from taking any other reasonably necessary precaution for the protection
of persons or property.
B.
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.
C.
The Superintendent, upon application by the permittee,
may extend the time limit during which the permit shall be valid.
D.
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.
E.
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.
F.
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.
G.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
10 parts sand.
H.
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.
I.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
