[HISTORY: Adopted by the Mayor and Council of the Borough of Atlantic Highlands 9-9-2015 by Ord. No. 05-2015. Amendments noted where applicable.]
Development regulations — See Ch. 150.
Flood damage prevention — See Ch. 183.
Stormwater control — See Ch. 306.
Stormwater management — See Ch. 311.
Editor's Note: This ordinance also repealed former Ch. 163, Excavations, comprised of Art. I, Excavation Permits, adopted 5-8-1934 by Ord. No. 253, as amended, and Art. II, Excavation of Streets, adopted 6-28-1995 by Ord. No. 15-95, as amended.
It shall be unlawful for any person, corporation or other legal entity to dig up, excavate, tunnel, undermine or in any manner break up any street, sidewalk, curb, pavement or other public place or area within the public right-of-way, or any part thereof, or to perform any other operation on any street which in any manner interferes with or disturbs the surface of such street, within the Borough for the purpose of laying, down rails, pipes, mains, conduits, or for any other purpose whatever, unless a written application be first made to and a permit granted by the Borough of Atlantic Highlands, except in an emergency.
A written application for a street/sidewalk/curb opening permit shall be obtained from the Municipal Clerk. The application shall state the name and address of the applicant, the name and address of any contractor doing work on behalf of an applicant, the estimated dates of commencement, completion and restoration of the excavation and such other data as may reasonably be required. The written application shall be signed by the applicant and accompanied by plans or drawings attached to the application, showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and the length of time the work will require in which the excavation and restoration provided will be completed.
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. All permits issued by the Borough 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. All permittees must call the New Jersey Utility Opening Service (New Jersey One-Call at 1-800-272-1000) and obtain clearances and mark out locations before beginning excavation. A copy of the utility mark-out number shall be provided to the municipality, prior to the issuance of the permit, for their records, as well as maintaining a copy on file at the work site. (This requirement is exempted for all major utility providers NJNG/JCP&L who obtain or provided their own mark-out services in the course of their daily business).
Upon application and payment of fees and deposits for which provision is hereinafter made, the Municipal Clerk, in his/her discretion, may authorize the issuance of a permit to excavate or open the surface of any town road. The permit shall state the name of the applicant, the location and purpose of the opening, the number of days for which the permit shall remain in force and the fee paid. Any permits issued under this article may be revoked at any time, in his/her discretion, by the Borough Administrator, Director of Public Works, the Municipal Engineer and/or for the safety of the general public, the most senior-ranking officer on duty within the Atlantic Highlands Police Department. All street excavation permits issued by the Municipal Clerk shall expire 120 days from the permit issuance date. Upon expiration, the applicant will be required to apply for a new permit, pay appropriate permit fees, and supply all other documentation as required in the initial application.
No openings shall be commenced or completed on weekends, holidays, or outside the normal working hours of 7:00 a.m. to 4:30 p.m., without written permission of the Borough Administrator, Police Chief or his/her authorized representative unless in case of emergency. Failure to provide notice as stipulated herein may result in revocation of the permit and issuance of a stop-work order. The applicant shall be responsible to pay for all overtime costs incurred for inspection of work and for all required traffic control. Permits shall become null and void unless the work is commenced within 120 days of the issuance of said permit unless an extension of time is granted by the Municipal Clerk and/or the Borough Administrator.
The applicant shall give a forty-eight-hour notice to the Municipal Clerk or his/her duly authorized representative prior to making any road openings, except in cases of emergency. No opening shall be commenced on a Saturday, Sunday or a holiday unless in cases of emergency. Once notified, the Municipal Clerk will forward such notice to the Supervisor of Streets and the Atlantic Highlands Police Department. The failure of an applicant to provide the notice required by this chapter shall authorize the Supervisor of Streets and the Atlantic Highlands Police Department to cease, in his/her discretion, for a period of 48 hours, to permit the Supervisor of Streets to inspect the condition of the area prior to any work being commenced and to assign a representative of the Borough to monitor the project in question.
No work areas shall be closed to traffic without the approval of the Atlantic Highlands Chief of Police or an authorized representative. Proper signage and detour routes must be approved by the Police Chief. Any requirements for traffic control measures will be at his discretion. All arrangements and compensation for the same will be made in accordance with the policies of the Atlantic Highlands Police Department and will be in addition to, and are not governed by, this chapter. The permittee shall take appropriate measures to assure that during the performance of the excavation and restoration 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 in coordination with the Atlantic Highlands Police Department. 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.
Performance and maintenance guaranty. A nonrefundable, application fee of $150 for each separate road opening or improvement shall be posted with the Municipal Clerk prior to said application being reviewed and the request for posting of escrow fees. No work shall commence until those fees have been paid.
Cash repair deposit/performance guarantee. No road opening permit shall be issued until a satisfactory two-year repair deposits/performance guaranty is posted with the Municipal Clerk. These performance guaranties shall be by performance bonds, certified checks or similar cash-equivalent guaranties, with the exception of public utility company guaranties, federal government, the State of New Jersey, the County of Monmouth, or other contractors, who may provide annual performance bonds, in an amount of no less than $50,000, and in a form approved by the Chief Financial Officer.
Cash repair deposit. A minimum repair deposit of $500 is required, for any opening less than 20 square feet, to serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation. The deposit will be retained by the Chief Financial Officer for a period of two years from the date of the excavation and pavement repairs are inspected and approved. For any opening over 20 square feet, performance guaranties shall be based at the rate of $25 per square foot of excavation for the intended work. The entire repair deposit will be returned upon the determination that the permittee has performed the work in conformity with this chapter. The Borough may use any and all of such deposit to pay the cost of inspection and work the Borough performs to restore or maintain the street as herein provided, in the event the permittee fails to adequately perform such work, or their refusal to correct or modify a deficient condition, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Borough.
The applicant must provide a certificate of insurance to the Municipal Clerk indicating liability of not less than $300,000 for any one person, $1,000,000 for any one accident, and property damage of not less than $500,000. The Borough of Atlantic Highlands shall be named as the additionally insured. In cases where the character or nature of the proposed excavation work are such as to present an unusual hazard or a higher-than-normal risk of damage or injury, the Borough Council may require increased amounts of liability and property damage insurance. The applicant, upon securing said permit, agrees that the Borough of Atlantic Highlands, will be held harmless from any and all claims of any nature arising out of the construction/excavation of any road and street opening work covered by said permit. The Borough of Atlantic Highlands, in issuing said permit, shall not assume liability in connection therewith. In the event of any suit or claim be filed against the Borough by reason of the negligence or default of the permittee, or for any other reason directly or indirectly attributable to the permittee's work, upon the Borough giving written notice to the permittee of such suit or claim, any final judgment against the Borough requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the Borough's costs in connection with such suit.
It is the expressed desire of the Borough to limit roadway disturbance to the greatest extent possible and to complete all restorations in such a manner as to provide for a stable and safe roadway, sidewalk, and shoulder or lawn area, acceptable to the Borough and to the reasonable satisfaction of the adjacent property owners. In order to avoid unnecessary roadway pavement, sidewalk, shoulder area or disturbance to existing municipal utilities and service lines, the use of directional drill, borings, blowpipe or other acceptable means of utility installation shall be employed wherever possible.
All openings must be backfilled immediately and temporary restoration completed unless otherwise approved to provide for safe passage, and in accordance with applicable restoration standards of this chapter or as directed by the Director of Public Works, Supervisor of Streets, Borough Administrator, Borough Engineer or the Atlantic Highlands Police Department.
All excavations less than 100 square feet shall be repaired using infrared thermal bond seamless bituminous pavement patching. If, in the opinion of the Director of Public Works, Supervisor of Streets, Borough Administrator or Borough Engineer, the condition of the existing road surface does not warrant infrared repair, this requirement may be waived.
The permittee shall be required to replace any facilities, including, but not limited to, curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work.
Prior to surface restoration, all trenches shall be backfilled by depositing therein, dense graded aggregate, crushed concrete, or other suitable fill material in layers of not more than eight inches in depth; each layer thoroughly mechanically compacted to a minimum 90% modified proctor density, and, if required by the Director of Public Works, Supervisor of Streets, Borough Administrator or Borough Engineer, flushed with water.
Whenever an opening is made in a pavement that has a concrete base, the new concrete pavement or foundation shall be made three inches thicker than the original concrete, and a minimum of eight inches. New concrete shall be NJDOT Class B, 4,500 psi and shall be reinforced with three-eighths-inch-round reinforcing steel rods spaced six inches on center or equivalent thereof. In addition, the new concrete pavement or foundation shall be doweled into the surrounding concrete using No. 4 reinforcing steel rods drilled and set a minimum of six inches into the existing concrete on twelve-inch centers and protruding a minimum of 12 inches into the newly poured concrete base.
All pavement surfaces shall be replaced in accordance with the Borough's specifications governing new construction of such pavements. Said finished pavement surface layers shall conform to the following materials and minimum thicknesses:
Following the completion of the work for which the permit is issued, the following procedure for permanent surface restoration shall be strictly adhered to:
Following proper compaction, the permittee shall install no less than six inches of dense graded aggregate-sub-base course followed by:
Major and minor collectors (through streets), eight inches of bituminous stabilized base course to a height, even with the surface of the existing pavement.
Local roads (interior subdivision streets), six inches of bituminous stabilized base course to a height, even with the surface of the existing pavement.
If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate followed by eight inches of bituminous stabilized base course in the entire area.
The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. It shall be the responsibility of the permittee to monitor and maintain the trench to ensure that a depression does not develop. If, at any time during the settlement period, the trench becomes unacceptable in the view of the Director of Public Works, Supervisor of Streets, Borough Administrator or Borough Engineer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 24 hours of such notification. In the absence of such repair, the Borough reserves the right to use bond fees to repair said trench.
Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in Subsection E above and install no less than two inches of hot mix asphalt 19M64 surface course. The permittee shall also be required to provide a tack coat on all existing bituminous concrete surfaces and hot-poured rubber asphalt joint sealer per Section 908 of the NJDOT Standard Specifications for Road and Bridge Construction.
After backfill, the trench will be inspected by the Director of Public Works, Supervisor of Streets or his/her duly authorized representative, and he/she will determine the extent of resurfacing necessary, i.e., trench area only, half lane width or restoration of the entire roadway width for a specified width and length on each side of the opening. In the event that the roadway has been resurfaced by the Borough during the previous five years, the Borough Engineer shall require full lane width or full roadway width restoration for a distance of 10 feet on each side of the roadway opening unless otherwise approved by the Mayor and Borough Council.
All saw cut edges of the existing bituminous surface shall be tact coated and sealed to form a water tight flexible seal between the two roadway surfaces.
In the case of a trench or opening in the grass shoulder, the applicant shall restore the top four inches of the trench with material capable of supporting the growth of grass and shall fertilize and seed said surface to provide a stable stand of grass satisfactory to the affected property owner and Borough Administrator.
Whenever required by the Borough Engineer or the Planning Board, requests for service lateral installations which require crossing the existing paved surface shall be performed utilizing a driven, board or other approved methodology for completion of pipe installation under the paved portion of the road or street without disturbing the surface.
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the Borough Engineer, Director of Public Works, Supervisor of Streets or his/her duly authorized representative.
After the completion of final restoration work, the applicant shall request an inspection by the Director of Public Works, Supervisor of Streets or his/her duly authorized representative, at which time it will determine whether the road restoration was completed in a satisfactory manner or will require additional road restoration. Repair deposits will be held until a subsequent inspection is made by the Director of Public Works, Supervisor of Streets or his/her duly authorized representative, after two years of completion of the permanent roadway, shoulder, sidewalk or lawn restoration. At that time, the Director of Public Works, Supervisor of Streets or his/her duly authorized representative may require additional road restoration to be completed by the applicant prior to release of the repair deposits, or shall request the Municipal Clerk to authorize the release of any remaining escrow fees, project, performance, maintenance bonds, and other surety to the applicant if said restoration is deemed satisfactory. The onus of requesting inspections and release of escrow fees remains on the applicant.
Upon completion of the utility, roadway, storm sewer pipe and stormwater storage/recharge system, the Design Engineer shall provide an as-built plan and certification of the proposed improvements as applicable.
There shall be established a period of 60 months from the date of completion and acceptance of any roadway reconstructed and funded through the use of NJDOT municipal aid or discretionary aid programs. The only exception shall be in the case of an emergency which threatens the health, safety and welfare of the citizens of the Borough of Atlantic Highlands.
There shall be established a period of 60 months from the date of completion and acceptance of a newly paved, constructed or reconstructed roadway associated with a municipal utility extension, repair, or replacement, except in the following cases:
New home, commercial or industrial construction on a previously vacant parcel of land, subject to the review and approval by the Atlantic Highlands Planning Board or Borough Council.
In the case of an emergency which would threaten the health, safety and welfare of the citizens of the Borough of Atlantic Highlands.
Should an exception or emergency opening and restoration request be granted during the stipulated moratorium period, the restoration requirements, as stated above, shall apply along with the following stipulations:
All excavations performed within a roadway that has been constructed and/or resurfaced in the last five years shall be repaired using infrared thermal bond seamless bituminous pavement patching.
A twenty-four-month maintenance warranty and guaranty shall apply after permanent pavement restoration has been satisfactorily completed. Should settlement of the restored pavement area occur within a two-year period from the date of permanent pavement restoration, the contractor shall be required to mill and/or excavate and repair the area to the satisfaction of the Borough Engineer and Borough Administrator, consistent with the provisions of this chapter or as directed by the Engineer.
See also Borough Code § 150-71, Sidewalks and curb ramps.
The primary function of concrete curbs and sidewalks shall be to provide for safe pedestrian movement throughout various parts of the Borough.
All sidewalks in the Borough of Atlantic Highlands shall be re-laid, repaved and kept in repair at the cost and expense of the owner or owners of lands in front of which the same shall be located.
Concrete sidewalks and curb ramps shall be four inches thick, except across the width of proposed driveways where the concrete sidewalk shall be constructed six inches thick, with No. 6 wire mesh welded six by six. Sidewalk repair and upkeep is the responsibility of the property owner.
Concrete shall have a strength of 4,500 psi at 28 days air entrained conforming to ASTM A-497.
Joint sealer shall be installed every 16 feet with dummy joints every four feet. All sidewalks in the Borough of Atlantic Highlands shall be re-laid, repaved and kept in repair at the cost and expense of the owner or owners of lands in front of which the same shall be located.
Permit fee may be waived in the case of: installation or repair of sidewalk by, or one acting for, the owner of real property; or installation of new public improvements by a subdivide or side developer in accordance with approved plans, without the cost to the Borough.
The following measures shall be taken to ensure the safety and protection of the traveling public: The permittee shall place, at the work area closed to traffic, barricades, drums, cones, signage or similar warning structures which must be used along the right-of-way. The permittee shall construct and maintain adequate and safe crossings over or around sidewalk areas which are under construction or improvement, to accommodate pedestrian traffic.
The applicant must provide a certificate of insurance to the Municipal Clerk indicating liability of not less than $300,000 for any one person, $1,000,000 for any one accident, and property damage of not less than $500,000. The Borough of Atlantic Highlands shall be named as the additionally insured. In cases where the character or nature of the proposed excavation work are such as to present an unusual hazard or a higher than normal risk of damage or injury, the Borough Council may require increased amounts of liability and property damage insurance. The applicant, upon securing said permit, agrees that the Borough of Atlantic Highlands will be held harmless from any and all claims of any nature arising out of the construction/excavation of any road and street opening work covered by said permit. The Borough of Atlantic Highlands, in issuing said permit, shall not assume liability in connection therewith. In the event that any suit or claim be filed against the Borough by reason of the negligence or default of the permittee, or for any other reason directly or indirectly attributable to the permittee's work, upon the Borough giving written notice to the permittee of such suit or claim, any final judgment against the Borough requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the Borough's costs in connection with such suit.
For the violation of the provisions herein contained, the permit may be revoked and the excavation or opening may be filled by the Borough of Atlantic Highlands and the street restored at the cost and expense of the permittee.
Any person, contractor or utility who commits a violation of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the amount authorized in N.J.S.A. 40:49-5, a term of imprisonment not exceeding the term authorized in N.J.S.A. 40:49-5 or a period of community service not exceeding the period authorized in N.J.S.A. 40:49-5, or any combination thereof.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.