[Adopted 5-27-1975 by Ord. No. 1975-8]
This article shall be known as the "City of
Bordentown Street Opening Ordinance."
For the purpose of this article and unless the
context clearly indicates otherwise, the following words and terms
and their variations as to form, tense or number shall be construed
to have the meanings given herein:
The City of Bordentown.
The City Clerk of the City of Bordentown.
The Department of Public Works of the City of Bordentown.
A water main or supply line break, gas main leak or supply
line break or a sanitary sewer force main or lateral break, or any
similar situation which may impair the public health, safety or welfare
or reasonably result in damage to any public or private property.
Open, tear-up, dig-up, bore, tunnel or drive under or in
any way impair the surface or subsurface of any street.
The resultant condition of a street after it has been excavated
and prior to any refilling or restoration of such condition.
An excavation for any purpose of a street of 100 feet or
more of street length or where connecting later openings are made
at average intervals of less than 100 feet along the street length
or an opening which disturbs 20% or more of the street pavement area.
The authorization required by this Article to excavate a
street and issued by the Clerk.
Any natural person, municipal or private corporation, company,
firm, partnership, including any public utility company and any governmental
body, agency, division, bureau, authority, board or commission, whether
federal, state, county, regional, school or municipal, except the
City of Bordentown.
Any excavation for any purpose of a street which is not an
extensive opening.
The New Jersey State Department of Transportation 1961 Standard
Specifications for Road and Bridge Construction with all present and
subsequently adopted amendments and supplements thereto, except as
supplemented in this Article.
Every public street, avenue, road, alley or publicly owned
property in the City of Bordentown, and including the full right-of-way
or width, breadth or outbounds of the same.
The Superintendent of Public Works of the City of Bordentown
or his designated representative.
The activities undertaken to excavate a street and performed
in connection therewith.
The New Jersey State Department of Transportation
1961 Standard Specifications for Road and Bridge Construction with
all present and subsequently adopted amendments and supplements thereto,
except as supplemented in this Article, shall govern all of the work
performed under a city street opening permit.
No person shall, for any purpose, excavate within
the limits of the right-of-way of any city street in the city without
first obtaining a street opening permit from the Clerk.
Whenever a street opening is made at the request
of the city or as a result of notice by the city to any person making
or causing the same to be made that a repaving or overlay of a street
is intended to be performed by the city at a specified future date,
no permit shall be required, and no permit change shall be made by
the city; however, any such opening as shall result in major construction
work and installation of utilities or facilities by the person performing
the same shall require such person to furnish to the city, without
charge, copies of plans, profiles, drawings and related documents
showing and depicting such utilities and facilities as the same have
been actually installed and built as a result of such street opening,
the same to be supplied within 10 days of the completion of such installation
of the same, and, upon failure to so furnish the same to the city,
no other or further permits shall be issued at anytime to the person
making or causing such opening to be made until such person complies
with the requirements of this section.
No permit shall be issued for:
A.
Any street which has been constructed or reconstructed
within the five-year period immediately preceding the date such permit
is requested, such time period to be calculated from the date of completion
of said construction or reconstruction, except in the event of an
emergency.
B.
Any street which has been overlaid within the three-year
period immediately preceding the date such permit is requested, such
time period to be calculated from the date of the completion of said
overlay work, except in the event of an emergency.
C.
Any street which the Department may, in its discretion,
in the case of streets which carry exceptionally heavy volumes of
traffic, forbid any excavation, except in the event of an emergency.
No street shall be closed to traffic without
the prior written consent of the Superintendent. In the event that
a street is closed, uniformed police will be requested to act as traffic
directors, and the proper traffic control devices shall be erected
and maintained in accordance with the standards described in the Manual
on Uniformed Traffic Control Devices, 1971 Edition, and all present
and subsequent amendments and supplements thereto.
Application for a permit shall be made in writing
on forms to be prescribed by the Department and filed at least two
weeks prior to the proposed commencement of any work. No work shall
commence prior to the date set forth in the issued permit, and the
same shall be issued and be governed by the following provisions:
A.
Plans, profiles and other details necessary to accurately
depict the work to be performed shall be submitted before the permit
is granted for examination and review by the Department.
B.
In an emergency, the two-week filing period may be
waived by the Superintendent, and the permit may be issued within
such shorter time as the Superintendent deems appropriate. If circumstances
warrant, an oral application may be made and a temporary permit may
be issued until such time as a formal application is filed and acted
upon. In any event where a permit is granted upon oral application,
a written application on the prescribed forms must be made within
48 hours after grant of the oral application.
C.
When the excavation is less than 25 feet long or less
than six feet deep, the Superintendent may waive the requirement for
the submission of plans.
D.
Prior to the issuance of a permit, copies of the application
therefor shall be referred to the Superintendent who shall note within
five working days any objections of the city to the issuance of a
permit or any conditions to be imposed on the application. All objections
and all conditions shall be satisfied prior to issuance of the permit
or shall be imposed upon the permit as conditions of the issuance
of the same, as appropriate.
E.
The applicant must be the contractor, either corporate,
company, firm, partnership or individual, who will be actually engaged
in the performance of the street opening work under the permit and
who will be directly responsible for the protection of the work, for
the adherence of the work to the specifications and for the safety
of the public. The application shall be made for and on the behalf
of the owner or person for whom the work is being performed and shall
be countersigned by such owner or person.
F.
Permits shall not be issued directly to private owners
or developers without specific written approval of the Superintendent.
G.
The owner shall agree, as a condition of the issuance
of a permit, that any utilities, facilities and their appurtenances
to be installed within the city right-of-way pursuant to the permit
shall be promptly relocated at the owner's expense whenever required
by the Department to accommodate the installation of city facilities
or utilities. Such agreement shall be in writing and contained on
the face of the application form and permit.
H.
The permit is subject to revocation by the Superintendent
for any violation of the conditions imposed upon the permit as conditions
of the issuance of the same, the violation of any provision of this
Article or any other ordinance of the city relating to the work being
performed or the activities of the person performing the same or of
the owner or other person for whom such work is being performed, notice
of revocation to be given orally to the person performing the work
and to be followed-up in writing by the Superintendent within 24 hours
by mailing same to the person to whom the permit was issued or by
personal service of same to such person or such person's representative.
Any work under an issue permit must be commenced
within a three-month period from the date of issue or the permit shall
automatically become void at the expiration of such period. No permits
will be issued for extensive openings between December 1 through March
1 of any year without written approval of the Superintendent. No excavation
will be permitted after 12:00 noon of a Friday of each week or the
day immediately prior to a holiday. All openings will be paved by
4:00 p.m. of a Friday of each week. Work commenced under a permit
shall be continued without interruptions during normal daytime working
hours until completed.
The applicant shall notify the Department 24
hours in advance of the actual commencement of any work under a permit.
The applicant shall keep the excavation properly
guarded for the protection of the public and city both day and night
and shall have lights, barriers and adequate safety measures and devices
as described in the Manual on Uniform Traffic Control Devices and
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with traffic along the city
street, and no greater part of any street shall be opened than shall
be set forth in the permit.
The applicant shall present evidence, satisfactory
to the Department, of insurance sufficient to indemnify and save harmless
the city, its agents and servants against and from all suits, actions,
claims, costs and public liability of every kind and any description
from all damages, whether resulting from negligence or otherwise in
performance of work, or from any phase of operations performed under
the permit. Said insurance shall provide limits of not less than $300,000
of liability coverage per person and $500,000 per accident or occurrence.
The Department shall not issue a permit unless
the applicant has deposited with it, as security for faithful performance
of the work for which the permit is issued, an escrow deposit of money
in cash or by a certified check made payable to the Treasurer of the
City of Bordentown or, where the required amount exceeds $2,500, filed
with it a bond with surety or a self-insurance certificate satisfactory
to the Department, the amount of the security escrow deposit, bond
or self-insurance certificate to be based upon the escrow deposits
section as contained in the Schedule of Fees and Deposits hereinafter
set forth.[1] The applicant shall also pay, by separate payment, a nonrefundable
application fee as set forth in said schedule.
[1]
Editor's Note: The Schedule of Fees and Deposits
is on file and available at the City Clerk's office.
Upon satisfactory completion of all work permitted
or required under the permit for extensive openings, the Department
will refund 80% of the security deposit where the same has been made
by cash or a certified check and will retain the remaining 20% thereof
as security for maintenance of said work for a period not to exceed
one year. All bonds and certificates of insurance shall contain a
provision that the same shall remain in full force and effect for
a period not to exceed one year and after the last work under any
permit has been completed and accepted by the city, and, upon satisfactory
completion of all work permitted or required under the permit for
small openings, the Department will refund the full amount of the
security deposit within 45 days of satisfactory completion of all
work permitted or required under the permit.
The Department shall periodically inspect by
its employees or representatives, all excavations and the repair and
resurfacing thereof for the purpose of determining compliance with
specifications and any conditions imposed on the issuance of the permit,
and the Department may, upon the recommendation of its inspector,
order:
A.
A temporary stop to any street opening.
B.
The applicant perform or correct specified work in
accordance with the directions of the Department.
C.
A stop to any work and revoke the issued permit, in
which event the Department shall complete, or cause to be completed,
the work and declare the applicant's cash deposit forfeit or notify
the applicant's surety of an intent to file a claim on the bond, as
may be appropriate.
D.
Correction of any work by the applicant by notice
to do so, and after notification to the applicant and the failure,
refusal or neglect of the applicant to make such correction as indicated,
order and declare the applicant's cash deposit forfeit or notify the
applicant's surety of an intent to file a claim upon the bond.
E.
Any other action deemed reasonable under the circumstances
for the protection of the interests of the city and the public safety,
health and welfare or protection of property.
All utilities, except reconstruction of those
presently existing and in place, shall be constructed with a minimum
of four feet of cover to provide protection for such utilities in
the event that future city street reconstruction, repair or modifications
necessitate excavation, undercutting or installation of utilities
and facilities in the area where the utility is located. This location
will in no way relieve the utility owner of the responsibility of
relocating said utility at said utility owner's expense in the event
of conflict at any time with future construction, reconstruction or
modification of city-related utilities and facilities.
For all excavation, the following technical
provisions shall govern the performance of the work:
A.
The paved roadway surfaces shall be cut vertically
with a sharp tool on a straight line before excavating.
B.
The material excavated from the trench opening shall
not be replaced as backfill unless specifically permitted by the Superintendent.
C.
Clean, porous, granular fill without clay content
shall be used as backfill and be furnished from outside sources. Backfill
material shall be deposited in layers and compacted in such a manner
and by such methods as to achieve ninety-five-percent standard proctor
density throughout the entire backfill. The thickness of each layer
shall be dependent upon the type of compactor employed, and at no
time shall the thickness of the layer exceed two feet.
D.
The uncompleted length of road opening allowed under
a permit at any one time shall not exceed 50 linear feet.
E.
In newly constructed, reconstructed or overlaid asphalt
pavements, the opening shall be cut back six inches beyond the perimeter
of the trench opening and a tack coat applied to all joints before
placing the base course.
F.
Where existing manholes are located in the shoulder
areas, a minimum of two inches of asphalt FABC-1, Mix No. 5, shall
be placed eight feet on both sides of the manhole casting on four
inches of quarry-processed stone. The width of the FABC-1, Mix No.
5, shall vary to the dimensions of the existing shoulder.
For all openings which disturb 20% or more of
any portion of the paved street area, the following requirements shall
apply:
A.
The determination of whether an opening disturbs 20%
or more of the paved roadway will be made by the Superintendent after
the roadway has been disturbed, and his sole determination shall control
as to such matter.
B.
The trench backfill shall be compacted to a level
seven inches below the top of the adjacent paved surface.
C.
A base consisting of seven inches compacted depth
of bituminous stabilized base, stone mix, Mix No. 1, shall be constructed
level with the existing pavement.
D.
After proper settlement, where any portion of the
street that was disturbed equaled or exceeded 20% of the paved street
area, the entire width of paved roadway surface shall be overlaid
with a one-and-one-half-inch minimum thickness FABC-1, Mix No. 5,
pavement applied to the entire length of the disturbed area and rolled
in place to obtain a smooth pavement surface.
For openings in old asphalt pavements, the following
requirements shall apply:
A.
The trench backfill shall be compacted to a level
eight inches below the level of the adjacent paved surface.
B.
A two-inch compacted depth of bituminous cold patch
material shall then be constructed on a pavement base consisting of
six inches compacted depth of bituminous stabilized base, stone mix,
Mix No. 1.
C.
The trench surface shall be maintained to the pavement
level by adding bituminous cold patch material until proper settlement
is obtained.
D.
After proper settlement, the two-inch cold patch shall
be removed and replaced with FABC-1, Mix No. 5.
E.
All joints between new and existing pavements shall
be sealed with a tack coat.
For openings in newly constructed, reconstructed
or overlaid streets, the following shall apply:
A.
The openings shall be cut back six inches beyond the
perimeter of the trench opening.
B.
The surface course shall be two inches compacted depth
of FABC-1, Mix No. 5.
C.
Clean, porous, granular fill without clay shall be
furnished from outside sources.
D.
Backfill material shall be deposited in six-inch layers
and thoroughly compacted to a level eight inches below the level of
the adjacent paved surfaces.
E.
All joints between the new and existing pavements
shall be sealed with a tack coat.
For all openings in concrete pavement surfaces,
the following shall apply:
A.
The trench backfill shall be compacted to a level
two inches below the top of the adjacent paved surface.
B.
A two-inch compacted depth of temporary bituminous
cold patch material shall then be placed, compacted level with the
existing pavement, and maintained by the permittee to pavement level
by adding additional cold patch for a period of 30 days or more until
final settlement has occurred.
C.
After final settlement, a pavement course of 4,000
pound air-entrained concrete eight inches in depth shall be constructed
level with the existing pavement surfaces.
Where openings are made in shoulder areas, the
following shall apply:
A.
The entire shoulder width shall be replaced with a
minimum of six inches of quarry-processed stone Type 5, Class A, and
subject to a bituminous surface treatment.
B.
The bituminous surface treatment shall consist of
an application of prime coat at the rate of 0.25 to 0.45 gallon per
square yard.
C.
A sand cover of 15 pounds per square yard and a seal
coat at the rate of 0.2 to 0.3 gallon per square yard.
D.
Upon application of the seal coat, a cover material
of Standard Size No. 8 broken stone shall be applied at the rate of
25 pounds per square yard and rolled with an eight- to ten-ton roller.
All openings in roadside areas shall be restored
in accordance with the following:
A.
Excavations shall be backfilled and leveled with clean
granular material to within four inches of the adjacent grade.
B.
After proper settlement, four inches of topsoil shall
be placed and the area fertilized and seeded.
C.
Mulching shall also be placed when directed by the
Superintendent.
D.
Should proper growth not be achieved, the area will
be reseeded as necessary.
Whenever the Superintendent determines that
the plans or drawings of any applicant require review by the City
Engineer, the applicant shall deposit in escrow with the Clerk a sum
of money to defray the cost of professional engineering services so
utilized by the City, the amount of such deposit to be determined
by the Superintendent, and payment of such costs shall be paid by
the Clerk therefrom as the same are incurred and billed to the City,
and any balance or deposit following such payment shall be refunded
to the applicant.
If the applicant for a permit shall be in default
in the performance of work pursuant to any previously issued permit
or the payment of any sum or security or the posting of any bond or
of any provision of this article with reference to such previously
issued permit, such failure shall be good and sufficient cause for
the City to refuse issuance of a permit to such applicant.
The application fee to be paid and the escrow
deposit to be made by an applicant, and as required by this article,
shall be in accordance with the schedule annexed hereto and entitled
the "Schedule of Fees and Deposits."[1]
[1]
Editor's Note: The Schedule of Fees and Deposits
is on file and available at the City Clerk's office.
[Amended 12-29-1990 by Ord. No. 1990-5]
The Superintendent is hereby appointed the person entrusted with the enforcement of this article by his orders, Municipal Court complaint, chancery or other court suit for injunctive relief or damages, none of which remedies shall be exclusive but may be pursued concurrently, and the violation of any term, condition or provision of this article shall be considered a separate and distinct violation hereof, and the continuance and existence of such violation or violations shall be considered to be a separate and distinct violation for each separate day that such violation continues and exists, and for each of which violations the person committing the same shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article I, Violations and Penalties.
