[HISTORY: Adopted by the City Council of
the City of Somers Point as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-10-1925 (Ch. 85, Art. I, of 1967 compilation)]
The sidewalks of all highways now or hereafter
dedicated to public use, situate within the corporate limits of the
City of Somers Point, shall be graded, curbed, paved and repaired
and made to conform to the requirements of the ordinances of the City
of Somers Point and this article, by the respective owners of the
lots of land fronting or bounding upon such highways.
The City Engineer shall forthwith prepare and
present to the City Council for its approval detailed specifications
for the grading, paving, curbing and repairing of sidewalks in the
City of Somers Point, which specifications shall be prepared under
the direction of the Street Committee of the City Council, which specifications,
when approved and adopted by the City Council, shall be and are hereby
made the standard specifications for the grading, paving, curbing
and repairing of sidewalks in the City of Somers Point and shall so
continue until amended or changed by the City Council.
In case of the neglect or refusal of any such
owner, after notice as provided by this Article, to so grade, curb,
pave and repair the sidewalk of the public highway in front of or
adjoining his or her lot or lots of land, such sidewalk shall be graded,
curbed, paved and repaired so as to conform to the requirements of
the ordinances of the City of Somers Point and this Article, by the
City of Somers Point, under the direction and supervision of the Street
Committee and the City Engineer.
It shall be the duty of the City Engineer to
prepare and present to the City Council, as soon as convenient after
the passage of this Article, a specification describing in detail
the several kinds of materials and classes of work, with an approximate
estimate of quantities of each kind of material and each class of
work which will be required for the grading, paving, curbing and repairing
of sidewalks during the remainder of the calendar year of 1925, under
the direction of the Street Committee of the City Council; and thereafter
to present a like specification and estimate of the materials to be
furnished and work to be done during each succeeding calendar year,
which said specifications shall be presented to and be approved by
resolution of the City Council in each case.
Upon the approval of said specifications by
the City Council as aforesaid, it shall be the duty of the City Clerk
to forthwith advertise, in the manner required by law, for bids for
the furnishing of such materials and the performance of such labor
as shall be required by the city for the grading, curbing, paving
and repairing of sidewalks for the calendar year for which such specifications
have been presented and approved.
In event that any sidewalk is not graded, curbed,
paved or repaired in accordance with the provisions of this Article,
the City Engineer shall cause a notice to be served upon the owners
or trustee or trustees of the lot in front of which said sidewalk
is located, which notice shall contain a description of the property
affected, sufficiently definite in terms to identify the same, as
well as a description of the required improvement, and a notice that,
unless said improvement shall be completed within 30 days after the
service thereof, it is the intention of the City of Somers Point to
make the same or to cause it to be done, which notice may be served
upon the owner or owners or trustee or trustees resident in the City
of Somers Point in person or by leaving the same at their usual place
of residence with a member of their family above the age of 14 years.
In case any such owner or owners or trustee or trustees shall not
reside in the City of Somers Point, such notice may be served upon
him personally or mailed to his last-known post office address, or
it may be served upon the occupant of the property or upon the agent
of the owner in charge thereof. In case the owner of any such property
is unknown or service cannot for any reason be made as hereinabove
directed, notice thereof shall be published at least once, not less
than 30 days before the making of such improvement, in a newspaper
circulating in the City of Somers Point. Proof of service of such
notices shall be filed with the Tax Collector within 10 days thereafter.
In case the owner or trustee of any lot shall refuse or fail to comply with the notice prescribed in § 220-6 hereof within the time specified, the City Engineer shall cause such sidewalk to be improved or repaired and, for that purpose, shall prepare an order upon the contractor for the time being for sidewalk construction and repairs, specifying the materials to be furnished and the work to be done, to be in conformance with this Article and said specifications, using in his discretion such old materials as he may deem suitable and in conformity with the requirements of said specifications and this Article; provided, however, that such order shall not be executed until it shall have been approved by the Street Committee or a majority thereof, which such order shall be prepared in triplicate, one copy thereof to be filed in the office of the City Engineer, one copy to be filed in the office of the City Clerk and the remaining copy to be delivered to the contractor, which shall constitute his warrant and authority for doing the work.
When any sidewalks shall be improved or repaired,
a true and accurate account of the cost and expense thereof shall
be kept and apportioned among the several properties improved, in
proportion to the frontage of their respective lands; and a true statement
of such cost, under oath or affirmation, shall be forthwith filed
by the City Engineer in charge of such improvements with the City
Clerk; the same shall be presented to the Common Council, which body,
after giving the notice thereof required by law, shall examine and
consider the same and, if the same is properly made, shall confirm
the same and the assessments therein made and file the report with
the Tax Collector, who shall record said sidewalk assessments in the
same book as other assessments. Such assessments shall, from the date
of confirmation thereof, become due and payable and shall be and remain
a first lien upon the lots upon which they are laid until paid and
shall bear interest at the rate of 6% per annum from and after the
expiration of 30 days after and from the date of confirmation. It
shall be the duty of the Tax Collector forthwith to cause a notice
of the assessment and the amount thereof to be given to each person
assessed, either personally or by mail, by letter postpaid, directed
to the person assessed at his or her last known post office address.
The cost of such construction and repair of
sidewalks shall be paid in the first instance from moneys regularly
appropriated for sidewalks or from the proceeds of curbing and paving
temporary notes or bonds issued to provide moneys for the purpose
of such construction and repair, upon the certificates of the City
Engineer, duly approved by the Street Committee or a majority thereof,
which said curbing and paving temporary notes or bonds shall be retired
and paid from the moneys collected from said assessments.
[Adopted 12-22-1986 as Ord. No. 26-1986 (Ch. 87 of 1967 compilation); amended in its entirety 3-8-2007 by Ord. No.
1-2007]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
Any person making written application to the City of Somers
Point for a street opening permit hereunder.
Any person, firm, partnership, association, corporation or
any organization of any kind performing work for the permittee.
An unforeseen need to open a street surface for the repair
of any underground utility. An emergency shall not include the connection
to any underground utility such as water, sewer, electric or gas unless
said connection or hookup is necessitated as a result of a burst,
break or other serious condition to the underground utility or utility
connection so as to seriously endanger person or property.
The excavation, opening, construction or any other work performed
under a permit and required to be performed under this section.
The Manual on Uniform Traffic Control Devices.
Any person who has been granted and has in full force and
effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
company, organization, or public utility of any kind.
Any street, highway, sidewalk, alley, avenue, pavement, shoulder,
gravel base, subgrade, curb, gutter, including drainage structures,
utility structures, all other appurtenant structures, trees and landscaping
or any other public way or public ground in the City of Somers Point
and under the control of the City of Somers Point; the full width
of the right-of-way, whether paved or not, including all improvements
within the right-of-way or any unimproved areas.
A.
It shall be unlawful, except in an emergency as set forth in Subsection B and for the exempted activities set forth in Subsection F hereunder, for any person to engage in any of the following activities unless such person shall first have obtained the applicable street opening/closure/detour permit from the City Clerk as herein provided:
[Amended 8-25-2016 by Ord. No. 11-2016]
(1)
To dig up, excavate, tunnel, undermine or in any manner
break up any street, paved or unpaved.
(2)
To make or cause to be made any excavation in or under
the surface of any street for any purpose.
(3)
To place, deposit or leave upon any street any earth
or other excavated material obstructing or tending to interfere with
the free use of the street.
(4)
To clear any City right-of-way of vegetation for the
installation of gravel material and/or construction of a bituminous
concrete cartway.
(5)
To install new utility poles within the City right-of-way
(in-kind replacement of existing utility poles will be exempt from
permit requirements).
(6)
To perform any other operation on any street which
in any manner interferes with or disturbs the surface of such street.
B.
Emergencies; hardship. In the event that any pipe,
main, conduit or other utility installation in or under any street,
alley, sidewalk or public way shall burst, break or otherwise be in
such condition as to seriously endanger persons or property, the owner
of such sewer, main, conduit or other installation shall immediately
contact the Somers Point Police Department and the Somers Point Engineer's
office describing the location of the break, extent of repairs and
any emergency measures required to reroute traffic. Upon approval
by the Police Department, the owner shall immediately remedy such
trouble and shall immediately take all such necessary steps to make
said location safe and secure. Such owner shall not, however, begin
making any permanent repairs to such street, alley or sidewalk until
he or she shall have secured a permit as hereinafter provided. Such
permit shall be applied for within 48 hours after such break or serious
trouble shall have developed, and the necessary permanent repairs
to the street, alley or sidewalk shall be made as directed by the
City Engineer and shall be completed as soon as practicable after
receipt of the permit. In conjunction with the filing of the road
opening application, the owner shall provide a written certification
from his or her design professional indicating the nature of the emergency
and the manner in which it was detected and verified.
C.
No permit shall be issued for an opening of any street or alley which has been paved, repaved, constructed or reconstructed within the City of Somers Point during the five-year period immediately prior to the application unless the application makes allowance for extraordinary restoration and for permits for emergency opening as defined in § 220-10. The moratorium period shall commence on the date of final acceptance of the street or alley which has been paved, repaved, constructed, or reconstructed. All permits issued shall require moratorium restoration as outlined in § 220-19D and the permittee shall maintain the restored area for a period of five years from the date of final restoration.
D.
Extraordinary restoration may be required for any
street opening at the sole discretion of the City Engineer.
E.
Any person failing to apply for the permit necessary to perform any of the activities set forth in this section shall be subject to a penalty as set forth in § 220-20 of this article.
F.
Exemptions.
[Added 8-25-2016 by Ord.
No. 11-2016]
(1)
No street opening permit shall be required for:
(2)
In each such instance, a valid construction permit shall be obtained from the Construction Official. A valid certificate of insurance, meeting the requirements of § 220-16, is still required.
(3)
Property owners completing the work themselves shall provide a copy
of proof of homeowner's insurance along with a completed hold-harmless
agreement to indemnify and hold harmless the City, its agents, servants
and employees from any and all damage or liability sustained by any
person, including injury or death to employees of the applicant or
its contractors or subcontractors, and property damage, arising out
of, or in any way related to, the work performed by the applicant,
its agents, servants and employees. Said agreement shall require the
applicant, in the event a claim is made against the City of Somers
Point, its agents, servants or employees arising out of the applicant's
construction activities, to provide the City of Somers Point with
a legal defense and to pay any and all attorneys' fees or costs
incurred by the City of Somers Point in connection with any claims,
suits, demands or litigation.
(4)
Property owners who retain a contractor shall require the contractor
to provide proof of contractor's insurance along with a completed
hold-harmless agreement to indemnify and hold harmless the City, its
agents, servants and employees from any and all damage or liability
sustained by any person, including injury or death to employees of
the applicant or its contractors or subcontractors, and property damage,
arising out of, or in any way related to, the work performed by the
applicant, its contractor's agents, servants and employees. Said
agreement shall require the contractor, in the event a claim is made
against the City of Somers Point, its agents, servants or employees
arising out of the applicant's construction activities, to provide
the City of Somers Point with a legal defense and to pay any and all
attorneys' fees or costs incurred by the City of Somers Point
in connection with any claims, suits, demands or litigation.
A.
A written application for the issuance of a street
opening permit shall be obtained from the City Clerk. The application
shall state the name and address of the applicant, the estimated dates
of commencement, completion and restoration of the excavation and
such other documentation as may be requested by the City Clerk and/or
City Engineer.
B.
All applications shall have attached two copies of
a sketch/drawing with pertinent details drawn by a professional engineer
of the State of New Jersey and must be drawn to a scale sufficient
to show clearly the proposed work. The applicant shall also attach
a copy of the pertinent section of the Tax Map with the area of excavation
highlighted, when requested. Plans shall show horizontal location
details and a vertical benchmark when necessary and all utilities
within 25 feet of the proposed work. The sketch/drawing shall indicate
the type of existing road surface to be disturbed and the proposed
surface restoration details including cross sections. The drawing
shall provide the distance to the nearest intersection, north arrow,
scale and dimensions of the proposed area to be excavated. Utility
companies may use an unlicensed engineer acceptable to the City Engineer.
C.
The permittee has the additional responsibility of
obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4
through 2A:170-69.6 when the proposed excavation is located within
200 feet of a gas pipeline, and all permits issued by the City Engineer
are subject to the issuance of said separate permit. The applicant
is further responsible for contacting all other local utilities to
determine whether any property or facilities of the utilities are
located in the vicinity of the proposed excavation site and, if so,
the applicant is obligated to comply with any statutes or regulations
pertaining thereto.
D.
All applicants are also responsible for providing
construction warning signs and lights in accordance with the M.U.T.C.D.
Any proposed detours or road closings must be submitted to the City
Engineer's office for approval along with the application for road
opening. A separate sketch detailing any proposed detours or lane
restrictions shall be submitted prior to the permit being issued if
required by the Police Department or Engineer's office.
A.
Upon application and payment of the fees and deposits
for which provision is hereinafter made, the City Clerk may issue
a permit to excavate or open the surface of any City street. The permit
shall state the name of the applicant, the nature and purpose of the
excavation or opening, the location of the opening, the block and
lot of the property benefiting and the number of days for which the
permit shall remain in force.
B.
If the application for a permit is denied, the City
Clerk shall send the applicant written notification of the denial
and shall state the reason for denial.
C.
Any permit issued under this article may be revoked
at any time by the City Engineer.
A.
Any permit issued pursuant to this section shall become
null and void unless work is commenced within 30 working days, utilities
must commence work within 90 working days, of the date indicated on
the permit application for commencement of said work, unless the permittee
has sought and received, in writing, an extension from the City Engineer.
B.
Temporary restoration shall be completed at the end
of each work day to ensure safe vehicular and pedestrian traffic access.
Final restoration shall be completed once the opening has been given
enough time to settle, as indicated in the road opening permit.
C.
Notice of permit work, and/or final restoration shall
be made by telephone or fax to the City Engineer 48 hours in advance
of the commencement of such work so that inspection of same may be
scheduled, except in the case of emergency work. Notice of emergency
work shall be made within 24 hours of commencement of same. The type
of work to be performed shall be specified in said notice.
D.
All traffic striping damaged during construction shall
be restored with temporary striping that same day. Final traffic striping
and symbol restoration shall be done the same day the final paving
is accomplished.
E.
Every permit shall apply only to the person to whom
it is issued and shall not be transferable. A copy of said permit
shall be available for inspection at the job site at all times when
work is being performed.
F.
Dewatering.
(1)
The contractor shall furnish sufficient pumping equipment
at his own expense for satisfactory drainage whenever needed in the
trench and other excavating during the progress of the work.
(2)
All water pumped and bailed from the trench or other
excavation shall be conveyed in accordance with federal and state
environmental regulations to a suitable point of discharge.
(3)
The flow in all sewers, drains and water courses encountered
in the work site or in gutters alongside of or across the work, shall
be entirely provided for, both temporarily and permanently, as required,
by the contractor and at his expense.
(4)
Hay bales or other approved method shall be placed
at inlets to prevent sand and silt infiltration.
(5)
All catch basins and inlets shall be cleaned of debris,
hay bales, sand and silt by the contractor at the completion of the
job. Maintenance of drainage shall be the responsibility of the contractor
during the course of construction. The City shall be notified upon
completion of this cleaning for inspection purposes.
G.
Should prevailing weather conditions preclude the
permanent restoration of the road surface, the applicant shall be
responsible for the maintenance of the temporary surface.
H.
No work areas shall be closed to traffic for more than one working day without the approval of the City Engineer and the Somers Point Police Department pursuant to § 220-17. Documentation displaying notice of proposed street closing(s) to the Somers Point School District Transportation Coordination will be required in advance of any street closing.
A.
An application fee of $150 for each application shall
be paid to the City Clerk.
B.
Performance bond.
(1)
Performance guaranty. A road opening permit shall
not be issued until a satisfactory performance guaranty is posted
with the City Clerk. The amount of the guaranty shall be determined
by the construction estimates prepared by the City Engineer based
on current estimates of the market value of the work. The performance
guaranty shall be a certified check, performance bond or letter of
credit or cash equivalent in an amount approved by the City Engineer
and in a form approved by the City Solicitor. Performance bonds or
letters of credit must be supplied by an institution authorized to
do business in the State of New Jersey. The performance guaranty,
whether performance bond or letter of credit, shall be a perpetual
surety and shall not contain an expiration date. The applicant/permittee
is responsible to ensure that these sureties will remain in effect
until the City Clerk receives a written release issued by the City
Engineer stating that all improvements are completed and acceptable
to the City.
(2)
A public utility company or construction company,
in lieu of giving a separate bond for each project, may annually,
prior to January 15th of each year, post a performance bond in the
amount of $150,000 or for an increased amount as determined by the
City. If an increased amount is required, notice of same shall be
sent to the utility company by December 15th of each year. A decreased
amount may be requested in writing by the utility company based on
actual work undertaken within the City in the previous year. Said
request shall be forwarded to the City Clerk and the City Engineer
by December 15th of each year. A reduction in bonding amount shall
be at the discretion of the City. No permits shall be issued until
the bond has been approved by the City.
(3)
The purpose of depositing the performance bond and/or
cash security is to guarantee to the City of Somers Point that any
construction, excavation or road opening will be performed and completed
in an acceptable fashion consistent with the provisions of this section.
(4)
If the permittee fails to complete restoration by
the date indicated on the approved permit, the City shall have the
right to attach and utilize the bond posted by the permittee to complete
said work.
C.
Maintenance bond.
(1)
The permittee shall also be required to post a maintenance
bond and/or certified check in the amount of 25% of the performance
bond. The maintenance bond shall serve to guarantee that the utility
opening restoration will remain in good condition for five years.
Utility companies may satisfy this requirement through appropriate
language contained within the annual performance guaranty.
(2)
Maintenance bonds shall remain in effect for five
years. Security in the form of cash or negotiable instrument shall
be held in escrow for five years.
D.
If it becomes necessary for the City to use a performance
or maintenance guaranty because of work that is deemed by the City
Engineer to be unsatisfactory or otherwise not in conformance with
the provisions of this article, the permittee shall be notified in
writing. If the substandard provisions are not repaired within two
weeks of receipt of the notice, the City will cause the work to be
done, and the cost will be subtracted from the guaranty. If an action
against the guaranty is required because of failure of the applicant
to meet the requirements of this article, the guaranty shall be deemed
fully committed to the repairs until the final cost of the work is
determined. Any additional permits which were issued with reliance
on that guaranty will be deemed incomplete and no work shall be performed
on any permit until the satisfactory condition is corrected. Should
the cost of the corrective work exceed the original guaranty amount,
the City reserves the right to recover the extra cost from the permittee.
E.
Inspection fees shall be estimated by the City Engineer
based upon estimated field inspection expenses and review of the application.
Such fees shall be paid directly to the City Clerk prior to the issuance
of a permit. Utility openings will adhere to the following schedule
unless circumstances require additional inspection time due to atypical
circumstances:
|
Type of Opening
|
Fee
|
|---|---|
|
Connection to a main
|
$150
|
|
Main installation less than 200 feet
|
$300
|
|
Main installation greater than 200 feet less
than 350 feet
|
$500
|
|
Main installation greater than 350 feet less
than 500 feet
|
$750
|
|
Main installation less than 500 feet
|
TBD
|
|
Moratorium restoration minimum
|
$1,000
|
A.
Every application for excavation for a street under
the control of the City of Somers Point shall be accompanied by a
certificate of insurance demonstrating that the applicant possesses
personal injury and property damage liability insurance in the amount
of $1,000,000 combined single amount. Where applicable, the permittee
shall demonstrate that the explosion, collapse and underground (x.c.u.)
exclusion has been removed from its insurance policy. The insurance
carrier will not cancel said insurance without giving the City of
Somers Point at least 10 days' notice thereof in writing.
B.
Prior to the issuance of any permit, the applicant must present a certificate of insurance, naming the City of Somers Point and the City Engineer as an additional insured on said policy for personal injury and property damage liability in the amount set forth in Subsection A above.
C.
All utility and cable television companies will be
required to submit their certificates of insurance at the time of
performance bond submission. At this time, both documents will be
reviewed by the City legal staff for adequacy and correctness. The
insurance carrier for the utility or cable television company will
not cancel said insurance without giving the City of Somers Point
at least 10 days' notice thereof in writing.
D.
The applicant shall also agree in writing, in a form
acceptable to Somers Point to indemnify and hold harmless the City,
its agents, servants and employees from any and all damage or liability
sustained by any person, including injury or death to employees of
the applicant or its contractors or subcontractors, and property damage,
arising out of, or in any way related to, the work performed by the
applicant, its agents, servants and employees. Said agreement shall
require the applicant in the event a claim is made against the City
of Somers Point, its agents, servants or employees arising out of
the applicants construction activities, to provide the City of Somers
Point with a legal defense and to pay any and all attorney's fees
or costs incurred by the City of Somers Point in connection with any
claims, suits, demands or litigation.
A.
The permittee shall take appropriate measures to assure
that, during the performance of the excavation work, traffic conditions
as nearly normal as practicable shall be maintained at all times so
as to cause as little inconvenience as possible to the occupants of
the abutting property and to the general public, provided that the
City Engineer or City Police Department may permit the closing of
streets to all traffic for a period of time prescribed by him or it
if, in his or its opinion, it is necessary. The permittee shall notify
the owners of adjoining properties at least 48 hours prior to the
time he proposes to begin any work which will interfere with their
normal passage. If an opening requires a detour, then five days' notice
is required. Notice of business interruptions will require at least
30 days' notice.
B.
The permittee shall keep all road and street openings
guarded at all times and open no greater part of such road or street
than shall be reasonably necessary as determined by the City Engineer.
The permittee shall route and control traffic, including its own vehicles,
as directed by the City Engineer or City Police Department. Before
any highway may be closed or restricted to traffic, the permittee
must submit a plan showing the proposed detour or restriction and
receive approval from the City Engineer and City Police Department.
In no case shall any road be closed or restricted without prior permission
from both agencies. Upon completion of the construction work, the
permittee shall notify the City Engineer and the City Police Department
before traffic is moved back to its normal flow so that any necessary
adjustments may be made.
C.
Where flagmen are deemed necessary by the City Engineer
and/or City Police Department, they shall be furnished by the permittee
at its own expense. Through traffic shall be maintained without the
aid of detours, if possible. In instances in which this would not
be feasible, the City Engineer or City Police Department will designate
detours. The City shall maintain roadway surfaces of existing highways
designated as detours without expenses to the permittee, but in case
there are no existing highways, the permittee shall construct all
detours at its expense and in conformity with the specifications of
the City Engineer.
D.
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 the
fire plugs. Passageways leading to fire escapes or fire-fighting equipment
shall be kept free of piles of material or other obstructions.
F.
If it is necessary to leave an excavation unfinished
overnight or for an extended period, the permittee shall place at
the site suitable barricades with appropriate lighting. The barriers
and lighting devices shall conform to the specifications set forth
in the United States Department of Transportation, M.U.T.C.D., and
any amendments thereto, except that the permittee must place his name
and a phone number where he can be reached at all times. He shall
also notify the City Police Department of the condition of the unfinished
excavation and furnish the Police Department with his name and a phone
number where he can be reached at all times. A minimum of four flashers
must be used at the construction site or along the right-of-way as
required by the City Engineer or the City Police Department.
G.
The permittee shall erect and maintain suitable timber
barriers to confine earth from trenches or other excavation in order
to encroach upon highways as little as possible.
H.
The permittee shall construct and maintain adequate
and safe crossings over excavations and across highways under improvement
to accommodate vehicular and pedestrian traffic at all street intersections.
Vehicular crossings shall be constructed and maintained of steel plates
or of plank, timbers and blocking of adequate size to accommodate
vehicular traffic safely. Timber decking shall be not less than four
inches thick and shall be securely fastened. Pedestrian crossings,
if of timber, shall consist of planking three inches thick, 12 inches
wide and of adequate length, together with necessary blocking. The
walk shall not be less than three feet in width and shall be provided
with a railing as required by the City Engineer.
I.
All permittees must call the New Jersey Utility Opening
Service, at (800) 272-1000, and obtain clearances before beginning
excavation. Any utility companies that do not belong to this utility
opening service shall be contacted directly and all clearances obtained
prior to beginning any disturbance.
J.
The permittee and contractor shall comply with all
OSHA regulations and with any other applicable laws in the performance
of the work.
For all openings, the following standards shall
govern the excavation and backfilling of any street:
A.
Pavement cutting. Pavement shall be saw cut or milled.
B.
Trench excavation.
(1)
The paved roadway surfaces shall be cut vertically
on a straight line before excavating to avoid undermining of adjacent
roadway. The trench in which any utilities and/or appurtenances are
to be constructed shall be excavated in an open cut from the surface,
and in such a manner and in such a depth and width as will give suitable
room for bracing and supporting, pumping and draining at the contractor's
discretion.
(2)
The maximum trench width at the top of the pipe shall
be two feet plus the outside diameter of the pipe. The contractor
may, where it will not interfere with the work or adjacent structures
of property, slope the sides of the excavation beyond the width specified
above. The sides of the trench may only be sloped from a point starting
two feet above the pipe.
(3)
The minimum trench width at the surface of any street
or roadway shall be two feet, in order to facilitate compaction of
the subbase and top course of asphalt and/or the finishing of concrete.
(4)
No trench shall be excavated more than 50 linear feet
in advance of pipe laying. New trenching will not be permitted when
earlier trenches need backfilling or labor is needed to restore the
surfaces of the streets to a safe and proper condition.
C.
Backfilling trenches.
(1)
In backfilling a trench, the contractor shall carefully
inspect and supervise the backfilling operation to ensure safety.
(2)
No stone larger than 1 1/2 inches in diameter,
rock or frozen earth shall be put in the excavation as backfill. Unsuitable,
noncompactable material shall not be used as backfill. The permittee
shall provide, at his expense, suitable imported fill material to
replace any unsuitable material that is encountered during excavation.
(3)
The top six inches of backfill shall be road gravel,
aggregate I-5 or other material meeting that designation. Material
shall be placed in layers not more than 12 inches thick and compacted
with approved flat-faced mechanical tampers, or jumping jack.
D.
Care of existing structures. Care shall be taken not
to move any sewers, storm drains, culverts, utility poles, water or
gas pipes, or structures near them that may be encountered during
the construction. The above shall be securely hung, braced or supported
in place by the contractor at his own expense. Whenever it is necessary
to interfere with said structures, the contractor shall maintain services
at his own expense and notify all respective utilities with whom a
conflict exists. He shall leave them in as good condition as he found
them.
For all street openings, the following standards
shall govern the restoration of any street:
A.
Temporary restoration.
(1)
For all roadway openings that are in asphalt roadways,
the temporary restoration shall consist of six inches of soil aggregate,
Type I-5 to a level four inches below the level of the adjacent paved
surfaces. A four-inch lift of Hot Mix Asphalt (HMA) base course, Mix
I-2, shall be installed to grade.
(2)
These temporary surfaces shall be left in place for
a period of not less than 30 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.
(3)
If the opening is greater than 100 square feet, the
following may also be required. If the work done by the permittee
or the sum of all the permittees on a given roadway disturbs greater
than 30% of the given roadway or consists of a longitudinal opening
within one lane of a roadway, the permittee will be required to install
a one-and-one-half-inch minimum surface course overlay for the full
width of the roadway or lane to the total length disturbed. This temporary
overlay shall be installed within 14 days of the initial trench restoration.
The temporary overlay thus installed will remain in place to allow
for sufficient settlement to occur and be maintained in a safe running
condition until the final restoration is completed. Where the trench
or excavation was to depths of 10 feet or less, the overlay shall
remain in place for at least 90 days before completing the final restoration.
When the depth of excavation of the trench exceeded 10 feet, the temporary
overlay will remain in place for 180 days before completing the final
restoration. The final restoration of all trenches that require a
temporary overlay shall be completed within 30 days after the settlement
period has elapsed unless directed to wait for an additional period
of time by the City Engineer.
(4)
Maintenance of temporary restoration. All permittees shall be responsible for all temporary restoration until such time as the final restoration is completed. Upon notification from the City Engineer that the temporary restoration covered under the road opening permit is in need of repair, the permittee shall have seven days to correct all defects and restore the area(s) to an acceptable condition. Failure to respond within seven days will result in penalties being imposed in accordance with § 220-20.
(5)
Emergency openings. When an emergency opening as outlined in § 220-11B must be made in an asphalt roadway and a hot mix bituminous concrete cannot be obtained during the course of the emergency work, the applicant shall be permitted to use a cold mix emulsified asphalt (cold patch) as a temporary restoration for no longer than 48 hours. The applicant shall advise the City Engineer in writing if cold patch is used for temporary restoration.
B.
Permanent restoration.
(1)
For openings less than 100 square feet, the final
restoration will involve the removal of four inches of temporary HMA
base. All edges shall be saw cut beyond the actual trench width disturbed
to produce a clean edge, and said edges shall be coated with an asphaltic
tack coat. A four-inch thickness of HMA surface course, Mix I-5, shall
then be placed, in two lifts, to a level even with the existing road
grade.
(2)
For openings greater than 100 square feet, the trenches
shall be milled to a depth of two inches to a distance at least six
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 HMA surface course, Mix I-5, being placed to a level even
with the existing road grade. If the location of the trench is such
that it will result in a ribbon of asphalt less than 24 inches wide
between the edge of the final trench restoration and the edge of existing
paving, then the final restoration shall be taken to the edge of paving.
(3)
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)
If the work done by the permittee or the sum of all
the permittees on a given roadway disturbs greater than 30% of the
given roadway or consists of a longitudinal opening within one lane
of a roadway, the permittee will be required to perform a two-inch
minimum surface course milling and overlay for the full width of the
roadway or lane to the total length disturbed.
C.
General restoration specifications.
(1)
Whenever required by the City Engineer, pipes for
making opposite side hookups shall be driven or bored under the paved
portion of the road or street without disturbing the surface.
(2)
Road openings and/or trenches involving unusual or
special conditions shall be restored in accordance with and pursuant
to the direction of the City Engineer or his representative.
(3)
The City reserves the right to require mill/ pave
restoration based on field conditions within the disturbed area of
any street.
(4)
All damage done to adjacent elements of the street,
curbs, walks, catch basins, storm drains, landscaping, grass area,
etc., shall be immediately repaired by the applicant.
(5)
All work shall be done with care and in a workmanlike
manner.
(6)
The temporary restoration must be completed prior
to the opening becoming greater than the length of paving restoration
that can be accomplished in one workday. No trenches shall be left
open over a weekend or during any holiday period.
(7)
If the work done by the permittee or the sum of all
the permittees on a given roadway disturb greater than 40% of the
given roadway or 50% of one lane of a roadway, the permittee will
be required to perform a two-inch minimum surface course milling and
overlay for the full width of the roadway or lane to the total length
disturbed.
(8)
In lieu of the requirement of final paving of any
road opening, the City may require the applicant to contribute the
cost of the final paving to the City based on the City Engineer's
estimate of the improvement. If the City decides to accept the money,
in lieu of final paving, the permittee will be relieved of any responsibility
for final paving of the roadway, and the City shall appropriate the
monies collected in the capital budget and use the money contributed
to complete the final surface restorations that are deemed necessary
by the City Engineer. The permittee may also petition the City Committee
for the City to accept the responsibility of final paving, if it so
desires. Whenever an in-lieu payment is required, payment must be
made to the City Clerk prior to the issuance of a permit. Notwithstanding
the payment of an in-lieu contribution, the permittee shall retain
the responsibility to maintain the temporary trench until such time
as the City completes the final paving. All estimates for final improvements
will be determined by the City Engineer based on the current rate
for necessary improvements.
(9)
The applicant must keep the work area clean each day.
The applicant must sweep the surrounding road surface to control dust,
mud, dirt, etc. The permittee shall also adhere to all requirements
of the Cape Atlantic Soil Conservation District at all times. If the
applicant does not comply, the City will perform the cleanup and act
on the performance bond for the cost.
(10)
Upon completion of the work, the applicant will
request a final inspection by the City Engineer. If the work is completed
in a satisfactory manner, notification of satisfactory completion
will be sent to the City Clerk. Upon receipt of this notification
and receipt of the required maintenance guarantee, the performance
guaranty will be returned by the City Clerk, where and when applicable.
In the case of utilities or other entities who are permitted to post
a general annual performance bond or lump sum guarantee against multiple
permits, the applicant shall be required to control the number of
permits open at any one time. These applicants shall be required to
submit a yearly report to the City Engineer showing the status of
all pending permits and identifying those permits where the final
restoration has been completed for a period of three years prior to
the day the report was written.
(11)
In any case where the contractor has not complied
with these regulations to the satisfaction of the City Engineer or
his representative, the Engineer, without notice, may cause the work
to be done, and the cost shall be deducted from the performance bond
made by the applicant.
(12)
The time limit for all permits will be determined
by the City Engineer based on the nature of the work to be completed.
(13)
All permittees are required to send notice that
the work covered under their permit has been completed in accordance
with the applicable section(s) of this article on a form to be provided
with the road opening permit.
D.
Specifications for opening streets under moratorium.
(1)
If it is necessary to open a street subject to a moratorium as defined under § 220-11C, the permittee shall be required to complete final pavement restoration for the full width of the road to a distance of 100 feet beyond the area of the openings.
(2)
The distances in either direction of the opening will
be determined by the City Engineer based on the proximity to other
roadways or utility concerns. In most cases, final pavement restoration
will encompass 50 feet in both directions of the opening for the full
width of the existing road. The City Engineer may allow resurfacing
to the center line of the road only if the opening is completed within
one lane and does not involve disturbance across the center line.
A.
All clearing shall be done within the right-of-way
and shall be limited to the area necessary to provide the required
grade on the proposed roadway.
B.
All proposed streets within an existing public right-of-way
shall be constructed in accordance with all applicable design standards
for new streets as set forth in the City Code.
C.
Each plan submitted shall have a letter attached from
a licensed professional engineer describing the proposed stormwater
management plan. The drainage plan must be designed in accordance
with the current Stormwater Management Ordinance[1] as set forth in the City Code.
D.
Any waiver of the required improvements such as curbs,
gutters, sidewalks, driveways, etc., must be requested from the City
Committee. The City Committee's decisions shall be final in determining
the need for these improvements.
A.
Violation of any provision of this article shall,
upon conviction thereof, be punished by a minimum fine of $100 or
a maximum of $2,000 or by imprisonment for a term not exceeding 90
days or by a period of community service not exceeding 90 days. Each
and every violation shall be considered a separate violation. Any
person who is convicted of violating the provisions of this article
within one year of the date of a previous violation and who was fined
for the previous violation may be sentenced by the court to an additional
fine as a repeat offender. The additional fine imposed as a repeat
offender shall not be less than the minimum or exceed the maximum
fine provided herein, and same shall be calculated separately from
the fine imposed for the violation of this article.
B.
Any permittee and/or contractor who violates this
section more than two times during any one calendar year shall be
subject to suspension of permit issuance for three calendar years.
