[Adopted 9-19-2017 by Ord. No. 1506[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Street Openings and Excavations, adopted 6-7-2011 by Ord. No.
1381, as amended.
[Amended 10-5-2021 by Ord. No. 1599[1]]
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb within the right-of-way of any municipal street within the Borough of Stone Harbor for any purpose whatsoever without first securing a permit therefor as hereinafter provided. For minor repairs, five linear feet of curbing, 48 square feet of sidewalk, or less, see § 475-12. For major replacement, reconstruction, or repair, anything over minor, see § 475-3.
[1]
Editor's Note: This ordinance provided that it shall take
effect immediately upon the adoption and publication in accordance
with the law. The effective date of this ordinance shall be 7-1-2021.
The Borough shall reimburse $1,150 to any applicant who filed for
and paid for a permit which qualifies as a minor permit herein as
of 7-1-2021, which reimbursement shall be paid within 30 days of completion
and inspection of the minor repair, so long as completed and inspected
on or before 12-31-2021.
A.
Application for permission to make an excavation in any Borough street
between the curblines, driveways or in any sidewalk area shall be
made to the Borough Zoning Official. Such application shall be made
on the required application form and shall be signed by the applicant
and shall specify:
(1)
The applicant's name, address and phone number (local and out-of-town).
(2)
The name, address and phone number of the person or firm who will
be performing the work.
(3)
The length and width of such excavation.
(4)
The purpose for which the excavation is to be made.
(5)
The estimated time required to complete the work and restore the
surface.
(6)
Such other information as may be prescribed by the Borough Engineer.
B.
An administrative application fee of $250 and construction inspection fee of $1,000 shall be paid to the Borough Zoning Office prior to the issuance of the permit for all major excavations of more than five linear feet of curbing or 48 square feet of sidewalk . 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 $10 per square yard. For minor repairs, five linear feet of curbing, 48 square feet of sidewalk, or less see § 475-12.
[1]
Editor's Note: This ordinance provided that it shall take
effect immediately upon the adoption and publication in accordance
with the law. The effective date of this ordinance shall be 7-1-2021.
The Borough shall reimburse $1,150 to any applicant who filed for
and paid for a permit which qualifies as a minor permit herein as
of 7-1-2021, which reimbursement shall be paid within 30 days of completion
and inspection of the minor repair, so long as completed and inspected
on or before 12-31-2021.
C.
The applicant shall be responsible to provide all additional fees
associated with multiple reinspections that are necessary due to defective
workmanship, lack of coordination, lack of work progression and any
aspect of work that is unacceptable to the Borough. The Borough Engineer
shall advise the applicant, in writing, of said additional fee, if
warranted.
D.
The area to be opened, disturbed or undermined by the applicant shall
be measured and determined by the Office of the Borough Engineer and
the Department of Public Works.
E.
All utility companies, including companies with existing franchise
agreements with public utilities, shall be required to post one general
inspection escrow in an amount to be determined by the Engineer based
upon the application(s) submitted and the scope of work to be performed
and/or an amount estimated and projected to be completed within one
calendar year. The general escrow account shall be maintained by the
Borough and shall have a minimum balance maintained at all times,
which shall not be less than 25% of the initial escrow amount required
to be posted. All escrow fund balances shall be calculated by the
Engineer.
[Added 11-19-2019 by Ord.
No. 1558]
A.
The Borough 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. The applicant shall notify
the Borough Engineer 24 hours before the commencement of any work
so that appropriate inspection can be made where required.
B.
Whenever the Borough resurfaces or reconstructs a street, no permit
shall be issued for the opening of said street for a period of seven
years subsequent to the completion of the reconstruction and acceptance
of such work by the Borough, provided the property owners have been
properly notified. The Borough Clerk shall give written notice, by
certified mail, to all owners of property abutting the portion of
the street or streets to be reconstructed or resurfaced, and to the
public utilities and authorities who routinely locate their facilities
in the beds of public streets, no less than four months prior to commencing
the Borough's construction. The notice shall specify the anticipated
start date for the construction and advise the property owner that
any anticipated new facilities or repairs to their existing facilities
must be completed prior to the start of the Borough's project. Emergency
situations are exempt from the seven-year restriction.
A.
The applicant to whom such permit is issued shall, within the time
limited in such permit, replace the earth and pavement in the excavation
in such manner that the same shall be left in as good 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
(NJDOT) Standard Specifications for Road and Bridge Construction,
including all amendments. Reference to articles or sections hereinafter
refer to said NJDOT standard specifications.
(1)
Trenches shall be backfilled in layers not to exceed six inches,
and a vibratory tamper must be used. Compaction of 95% 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 Borough 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 Borough Engineer.
See detail at end of chapter.[1]
[1]
Editor's Note: Said detail is on file in the Borough offices.
(3)
Hot mix asphalt street restoration specifications.
(a)
Gravel.
[1]
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 1-5 materials. The Borough 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.
[a]
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, a four-inch
lift of hot mix asphalt base course, Mix I-2, followed by a two-inch
lift of a bituminous concrete cold patch installed to grade.
[b]
These temporary surfaces shall be in place for
a period of not less than 45 days to allow sufficient settlement to
occur. Should settlement continue to occur, the Borough Engineer shall
determine when the work is acceptable for final restoration. The permittee
shall be responsible for all maintenance deemed necessary by the Borough
Engineer until such time as the final restoration is completed.
[2]
Greater than 100 square feet.
[a]
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 hot mix asphalt, Mix I-2, shall then be installed to grade.
[b]
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 Borough Engineer
shall determine when the work is acceptable for final restoration.
The permittee shall be responsible for all maintenance deemed necessary
by the Borough Engineer until such time as the final restoration is
completed.
(c)
Final restoration.
[1]
Less than 100 square feet.
[a]
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 hot mix asphalt surface course, Mix I-5, shall then be placed to
a level even with the existing road grade.
[2]
Greater than 100 square feet.
[a]
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 hot mix asphalt 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 Borough Engineer.
(4)
If more than three individual excavations would be required within
a one-hundred-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 construction detail at end of chapter.[2]) All edges shall be coated with an asphaltic tack coat
prior to a two-inch lift of hot mix asphalt surface course, Mix I-5,
being placed to a level even with the existing road grade.
[2]
Editor's Note: Said detail is on file in the Borough offices.
(5)
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 NJDOT Class B with a class design strength of 3,700
psi at 28 days.
(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 more than five feet for sidewalk,
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 Borough 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.
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 seven years after the completion of
said construction, reconstruction or overlay, except in the event
of an emergency or hardship as described below. The seven-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 seven years thereafter.
A.
Emergency opening. In the event that an 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 Borough Engineer, and if
the said Borough Engineer shall determine 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 $5,000 for the first
nonemergency opening, a fine of $10,000 for a second nonemergency
opening, and a fine of $15,000 for a third nonemergency opening.
B.
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 Subsection A above, the Borough of Stone Harbor may grant relief if all of the following conditions are met:
(1)
A letter addressed to the Borough, c/o Borough 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 Borough Council to take formal action.
(3)
The property owner making 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.
(4)
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 Borough Clerk at least three days prior to the public meeting.
The notice must:
(a)
Identify the property by street address and block and lot.
(b)
State the reason for the hardship.
(c)
State the type and size of the utility opening.
(d)
Advise the adjoining property owners that if they have any objections,
they must advise the Borough Clerk, in writing, as to their objections
to proposed street opening at least three days in advance of the public
meeting.
(e)
State date and time of public meeting.
(f)
Be approved by the Borough Clerk prior to mailing.
(5)
The Borough Council 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 based solely on economic savings shall not be considered
and will be automatically denied.
(7)
An additional fee of $500 will be assessed for all street openings
applications located within the asphalt pavement.
[Added 11-19-2019 by Ord.
No. 1558]
C.
Roadway restoration.
(1)
In the event that an emergency or hardship requires the opening of
a roadway that has been resurfaced by the Borough during the previous
seven years, a full width, infrared restoration will be required.
The restoration will consist of six-inch dense graded aggregate base
course, and a six-inch hot mix asphalt 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 Borough Engineer. The final surface course
shall be a two-inch hot mix asphalt surface course, Mix I-5. See detail
at end of chapter.[1]
[1]
Editor's Note: Said detail is on file in the Borough offices.
(2)
Infrared restoration for repair of asphalt streets that are less
than seven years old and have been opened for utility work shall be
utilized after the one-hundred-twenty- to one-hundred-eighty-day settlement
period has elapsed.
(a)
The following methods of construction shall apply:
[1]
After completion of permanent restoration, the permittee shall
provide infrared restoration.
[2]
The area shall be swept clean of dirt, loose aggregate, or standing
water.
[3]
A chalk line shall be drawn 12 inches back from the seam of
the original opening to use as a guide for raking.
[4]
The infrared chamber shall be lowered over the repair, being
sure to allow at least 12 to 18 inches of heated area beyond the perimeter
of the original opening.
[5]
To insure the proper heating time, the contractor shall check
the surface temperature of the asphalt at seven minutes and every
minute thereafter using an infrared thermometer so as not to allow
the surface temperature to exceed 350° F. This is required since
the ambient temperature, the color of the pavement, the size of the
aggregate, and the moisture content influence the heating time.
[6]
After the appropriate heating time (typically eight to 10 minutes),
the asphalt surface will be softened to a depth of two to 2 1/2
inches.
[7]
The infrared chamber shall be then removed from the heated area.
[8]
The back side of a steel rake shall be used to neatly square
off the repair, cutting 12 inches back from the original excavation
along the chalk line.
[9]
The area inside the repair shall be deeply scarified, taking
special care to eliminate the original seam between the repair and
the road.
[10]
Approximately 1/2 to one inch of existing three-fourths-inch
stones shall be raked out and removed from the patch.
[11]
Maltenes rejuvenator shall be applied to the repair and surrounding
heated asphalt surface. Emulsified maltenes recycling agent (rejuvenator)
shall be applied in a ratio of 1:1 with water. This solution shall
be well dispersed with a commercial-grade sprayer at a rate of eight
ounces per square yard of heated area. This application area shall
include both the area under repair as well as the area heated but
left undisturbed around the perimeter of the repair. The application
shall take place after the area has been scarified and just prior
to the addition of new asphalt The rejuvenator replaces the light
oil component of asphalt, which has oxidized out over time.
[12]
Hot mix asphalt I-5 (1/4 to 3/8 aggregate) shall be added to
the area to bring it up to proper grade and luted smooth.
(3)
Trench restoration may be permitted under special circumstances and
at the option of the Borough of Stone Harbor and Borough Engineer
for openings having a minimum impact on the longevity and serviceability
of the street in question. See detail at end of chapter.[2]
[2]
Editor's Note: Said detail is on file in the Borough offices.
Before any permit is issued for any work in a public street,
certain performance and maintenance sureties are to be posted with
the Borough 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 Borough 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 Borough of Stone Harbor 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 Borough Engineer.
(2)
In lieu of the above-mentioned performance surety, public utility
companies or authorities may post an annual performance surety for
$20,000 or for an increased amount determined by the Borough Engineer.
The form of surety shall be approved by the Borough Solicitor.
B.
Maintenance surety.
(1)
In addition to the posting of a performance surety, and as a condition
to the release of same, the Borough of Stone Harbor may, at their
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 Borough Solicitor and in the penal sum of 15% of the performance
surety. A certified check, drawn in favor of the Borough of Stone
Harbor, 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 coverage for public liability of at least $100,000 per
person per occurrence, $300,000 per occurrence for bodily injury liability
and at least $50,000 per occurrence for property damage.
B.
A certificate of insurance that confirms the aforementioned coverage
shall be submitted to the Borough Engineer whenever a performance
surety is posted.
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 fire hydrants.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of debris, construction materials or other obstructions.
A.
The permittee shall erect and maintain suitable barriers to confine
the earth from trenches or other excavations so as to encroach upon
highways as little as possible.
B.
The permittee shall construct and maintain adequate and safe crossings
over excavations and across highways under improvement to vehicular
and pedestrian traffic at all street intersections.
(1)
Vehicular crossings shall be constructed and maintained of plant,
timbers and blocking of adequate size to accommodate vehicular traffic
safely. Decking shall be not less than four inches thick and shall
be securely fastened together with heavy wire and staples.
(2)
Pedestrian crossings shall consist of planking three inches thick,
12 inches wide and of adequate length, together with necessary blocking.
The walk shall be not less than three feet in width and shall be provided
with a railing, as required by the Borough Engineer.
C.
Traffic control plans and devices shall conform to the latest edition
of the Manual of Uniform Traffic Control Devices (MUTCD).
A.
The Borough 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.
B.
This article shall not be construed as imposing upon the Borough
or any official or employee any liability or responsibility for damages
to any person injured in the performance of any excavation work for
which an excavation permit is issued hereunder; nor shall the Borough
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof before the Judge of the Borough Court, be subject to a fine not exceeding $1,000 or to imprisonment in the Borough or county jail for a period not exceeding 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in § 475-7A of the Borough Street Openings and Excavations Code.
Street openings and excavations performed by the Borough of
Stone Harbor or agents of the Borough of Stone Harbor are exempt from
the provisions of this chapter.
