[Adopted 11-18-1998 by Ord. No. 66-1998[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Openings on Streets and Boardwalk, adopted 9-13-1979 by Ord. No. 60-1979, as amended.
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
APPLICANT
Any person making written application to the City Engineer for a street opening permit hereunder.
BOARDWALK
Any portion of the Boardwalk, pedestrian and vehicular ramps, beach access stairways, tunnels and their supporting members, and all handrails.
CITY ENGINEER
The person appointed to the position of City Engineer, or any person authorized to act as his or her representative.
CONTRACTOR
The entity who will be performing excavation work on behalf of the applicant and who is jointly and severally responsible and liable, along with the applicant, for compliance with all terms as a result of any violation of this article.
EXCAVATION
The digging, displacing, undermining, opening, boring, tunneling, augering or in any manner breaking up any improved or unimproved street, sidewalk, curb, gutter or other public property in any roadway or any other portion of a City right-of-way.
MAINTENANCE GUARANTY
Security in the form of either a bond, letter of credit or certified check posted by an applicant to guarantee proper maintenance of the reconstruction of the site of any road opening for a period of two or five years after final acceptance.
PERFORMANCE GUARANTY
Security in the form of either a bond, letter of credit or a certified check posted by an applicant to guarantee proper closure and satisfactory reconstruction of the road opening.
PERMITTEE
Any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
RESIDENTIAL DRIVEWAY
An excavation and/or utility installation for a single family dwelling.
STREET
Any street, highway, road, roadway, 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 right-of-way or public ground in the City of Atlantic City, and under the control of the City of Atlantic City. For purposes of this article, the Boardwalk is considered to be a street.
UTILITY COMPANY
Includes telephone, fiber optic, cable, water, sewer, gas and electric.
A. 
It shall be unlawful, except in an emergency as set forth in Subsection B hereunder, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the City Engineer as herein provided;
(1) 
To dig up, excavate, tunnel, undermine or in any manner break up any street.
(2) 
To make or cause to be made any excavation in or under the surface of any street to install any street improvements or 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 or drainage.
(4) 
To perform any other operation on any street which in any manner interferes with or disturbs the surface of such street.
B. 
Emergencies. In the event that any sewer, 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 remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. The City Engineer must be notified immediately of the occurrence. During normal working hours, call the City Engineer's office at 347-5360. After hours, call Police Communications at 347-5780. The necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the City Engineer and shall be completed within the time frames set forth in § 222-5C. Such owner shall not, however, begin making any permanent repairs to such street, alley or sidewalk until he shall have secured a permit as hereinafter provided. Such permit shall be applied for within three business days 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 within the time period stated on the permit.
A. 
A written application for the issuance of a street opening permit shall be submitted to the City Engineer, City Hall, Room 603, Atlantic City, NJ 08401. The application shall be made on forms available from the City Engineer and shall include the name and address of the applicant; the owner and the contractor performing the work; the street location and the site to be opened; the exact location of the opening from the nearest road intersection and the location and dimensions of the proposed work area; the purpose of the project; and the estimated dates of commencement, completion and restoration of the excavation; and such other data as may reasonably be required by the City Engineer. The application shall also state telephone numbers of the contractor and the applicant. The numbers provided must include ones at which each of the above can be reached 24 hours per day, seven days a week. In lieu of providing these names and numbers, utility companies may provide a twenty-four-hour emergency phone number. The applicant shall certify to the truthfulness of all information on the application.
B. 
Drawings must be attached to the applications and must be drawn to a scale sufficient to show clearly the proposed work. Plans should show all utilities within the limits of the proposed work and shall show all improvements, grading and stormwater facilities which are being constructed as part of, or which are being impacted by, the work to be performed. The City Engineer reserves the right to require plans or drawings to be drawn by a New Jersey licensed professional engineer and to be provided in both paper and digital formats. Utility companies are exempt from the professional engineer requirement. Where the street opening involves a site plan or subdivision plan approved by either the City Planning or Zoning Board or any third party authority having jurisdiction, a copy of the approved site plan or subdivision plan shall be submitted with the application.
[Amended 2-13-2013 by Ord. No. 1-2013]
C. 
The permittee has the additional responsibility of notifying the New Jersey One Call, Center at 1-800-272-1000 for utility markout.
A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the City Engineer, in his or her discretion, 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, and the number of days for which the permit shall remain valid.
B. 
No permit shall be issued for an opening on any roadway surface which has been resurfaced or reconstructed by the city during the five-year calendar period previous to the application date, except for permits for emergency openings as defined in § 222-2B. The moratorium period shall commence on the date of final acceptance of the street which has been resurfaced or reconstructed.
C. 
If the application for a permit is denied, the City Engineer shall send the applicant written notification of the denial and shall state the reason for the denial.
D. 
Any permit issued under this article may be revoked at any time by the City Engineer for failure to comply with this article. The City Engineer also reserves the right to stop work for failure to comply with this article and/or to order the completion of sufficient work to ensure the safety of pedestrian and vehicular traffic.
E. 
The City Engineer shall have a minimum of 10 calendar days to review permit applications.
F. 
No permit shall be issued until the applicant has submitted the bonds and insurance certificate required by §§ 222-6 and 222-8 in a form acceptable to the City Solicitor.
A. 
Permits shall become null and void unless work is commenced within 180 calendar days of the issuance of said permit, and permit work shall be diligently pursued until completed unless an extension of time for good cause is granted by the City Engineer, or the City Engineer may declare the permit null and void. If a permit expires, the applicant will be required to submit a new application and fees and comply anew with all other requirements to get another permit issued.
B. 
The applicant must give a minimum twenty-four-hour notice to the City Engineer prior to performing any work within lands under the jurisdiction of the City of Atlantic City except in cases of emergency as provided for in § 222-2B, and five working days' notice shall be provided for openings which require detours. No opening shall be done on weekends, holidays or at night (sunset to sunrise) without the prior written permission of the City Engineer unless in cases of emergency. Failure to provide notice as required within this section may result in revocation of the permit and issuance of a stop order. If special conditions require weekend, holiday or night work, the permittee shall acquire the prior written consent of the City Engineer and shall reimburse the City for all overtime costs incurred for its inspectors.
C. 
All openings must be backfilled immediately and temporarily paved as specified in §§ 222-10 and 222-11, subject to asphalt plant closings in winter months. Permanent pavement restoration shall be done within four weeks of temporary restoration for shallow road openings (four feet or less in depth for finish grade). Permanent pavement restorations for deep road openings (depths of greater than four feet below finish grade) shall be completed within three months from the time of temporary restoration or when directed by the City Engineer. The applicant shall give a minimum twenty-four-hour notice to the City Engineer's Office prior to final restoration operations. In addition, the City Engineer's office shall be notified when final restoration is completed.
D. 
The applicant is responsible for notifying the City Engineer when all work has been completed and is ready for final inspection. All inspections shall be performed during the city's normal business hours unless the permittee pays the inspector's overtime costs. The maintenance of the project shall begin only when the City Engineer has accepted the permanent restoration and the applicant has posted a satisfactory maintenance surety with the city.
A. 
The permit fee shall be charged by the City Engineer for the issuance of a permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The permit fee shall be in an amount varying with the size of the street opening. Permit fees will be waived for the Atlantic City Municipal Utilities Authority. All applicants for permits, public or private, shall be subject to all restoration, insurance and performance and maintenance bond provisions of this article whether or not they are also subject to payment of permit fees. Applicants who frequently obtain street opening permits may elect to establish a street opening permit fee account with an initial deposit based upon that applicant's usage. At the termination of said agreement, the applicant shall be refunded any balance remaining after all billings have been satisfied. Permit fees shall be fixed as follows:
(1) 
Street construction.
[Amended 3-2-2016 by Ord. No. 6-2016]
(a) 
Up to four-foot depth:
Size
(square yards)
Fee
Up to 10
$350
11 to 20
$425
21 to 40
$575
41 to 80
$675
81 to 125
$800
126 to 175
$1,150
176 to 250
$1,500
251 to 350
$2,000
351 to 500
$2,500
(b) 
Over four-foot depth: add 40% to the above fees.
(2) 
Boardwalk construction.
[Amended 3-2-2016 by Ord. No. 6-2016]
Size
(square feet)
Fee
Up to 150
$200
151 to 300
$300
301 to 500
$350
501 to 750
$400
751 to 1,000
$450
1,001 to 1,500
$550
1,501 to 3,000
$650
Over 3,000
$700, plus $125 per 1,500 square feet over 3,000 square feet
(3) 
Driveways.
(a) 
Residential driveways: no charge. No application or inspection fees are required. However, plans and insurance are required. If the work is to be performed by the applicant, insurance shall be required in accordance with § 222-8E(1). If any of the work is to be performed by a contractor, insurance shall be required in accordance with § 222-8E(2).
(b) 
Commercial, industrial, institutional driveways.
[1] 
Up to 25 feet in width: $150 each.
[2] 
Over 25 feet in width: $250 each.
(4) 
Boring, driving, jacking, augering under street.
(a) 
Boring, driving small-diameter utility services (included in Subsection A, trench opening).
(b) 
Boring, driving (up to six-diameter): $100, plus $1 per linear foot.
(c) 
Jacking, augering (over six-inch diameter): $250, plus $2.50 per linear foot.
(5) 
Sidewalk construction - repair, replace, new.
[Amended 3-2-2016 by Ord. No. 6-2016]
(a) 
Sidewalk.
Size
(square feet)
Fee
250 or less
$100
251 or greater
$150
(b) 
Concrete curbs.
Size
(linear feet)
Fee
12 or less
$100
13 or greater
$150
(6) 
Street, sidewalk and boardwalk closings/occupancy permit fees.
[Added 3-2-2016 by Ord. No. 6-2016]
Permit
Fee
Construction fence (temporary)
$300
Scaffold(s) (temporary)
$300
Cranes and boom trucks
$350
Debris containers/dumpster/pods
$100
Sidewalk occupancy
$200
Boardwalk occupancy
$200
Street occupancy
$300
B. 
Guaranty requirements.
(1) 
Surety.
(a) 
Applicants or their contractors shall be required to post surety, in a form acceptable to the City Solicitor, which shall serve both as a performance guaranty that the street opening will be properly closed and that the street opened will be satisfactorily reconstructed, and as a maintenance guaranty that the streets as reconstructed will remain in good condition for two years after final acceptance as required by Subsection B(3) hereunder. The amount of the surety shall be the total for the respective performance and maintenance guarantees required under Subsection B(2) and (3) hereunder.
(b) 
The performance guaranty shall not be required if the applicant has already posted a performance guaranty with the city as a condition of a site plan or subdivision approval. Proof of the posting must be supplied with the permit application. Applicants who have posted an approved performance guaranty with the city shall still be required to post a maintenance guaranty in accordance with Subsection B(3) and (6).
(2) 
Performance surety.
(a) 
The performance surety shall be in the form of either a corporate guaranty bond or 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 City Solicitor 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 City of Atlantic City 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 City Engineer.
(b) 
In lieu of the above-mentioned performance surety, public utility companies or authorities may post an annual performance surety for $50,000 or for an increased amount determined by the City Engineer; the form of surety shall be approved by the City Solicitor.
(3) 
Maintenance bond. The maintenance bond will serve to guarantee that the street as reconstructed will remain in good condition for two years after final acceptance. Maintenance bond must remain in effect for two years after final acceptance for all permit work.
(a) 
No performance bond shall be released prior to the submission of a maintenance bond.
(b) 
The maintenance bond shall be 25% of the performance bond amount.
(4) 
All bonds must meet the following minimum requirements:
(a) 
The bond must have an identifying number.
(b) 
The name and address of the principal must be listed on the bond, and, in the case of a corporation or partnership, the state of incorporation and partnership must be noted.
(c) 
The name and address of the surety company must be listed on the bond, and, in addition the company must be authorized to issue bonds in the State of New Jersey pursuant to the New Jersey Department of Insurance.
(d) 
The amount of the bond must be in accordance with the bond fee schedule established for performance and/or maintenance bonds in Subsections B(2) and (3).
(e) 
The work to be performed must be clearly defined in the bond.
(f) 
The lot and block number, street address and the city street opening permit application number must be listed on the bond.
(g) 
Determination of the acceptability of all the work covered by the bond shall be at the sole discretion of the City Engineer.
(h) 
The term or expiration date of the bond must be clearly stated. The term of all maintenance bonds shall be two years, as required by Subsection B(3) above.
(i) 
The manner in which a bond may be called in the event of nonperformance must be specified in the bond.
(j) 
The bond shall be signed and attested to by the appropriate persons for the principal and the surety company, together with the appropriate form of notarization.
(k) 
Samples of acceptable bond forms are available upon request from the City Engineer.
(5) 
In lieu of bonds, a certified check in the full amount required to guaranty performance and maintenance may be provided.
(6) 
In lieu of bonds, an irrevocable letter of credit in the full amount required to guarantee performance and maintenance may be provided. Letters of credit must be submitted in substantially the same form as the sample which is available upon request from the City Engineer.
(7) 
A utility company may, in lieu of giving a separate bond for each project, annually in January of each year, post a blanket maintenance bond or a corporate bond in an amount equivalent to the highest bonding fee applicable for a single excavation during the prior calendar year; provided, however, that when, in the opinion of the City Engineer, the openings or trenches contemplated by an application exceed the amount of the bond posted, additional bonds will be required.
(8) 
All checks and bonds and letters of credit under this article shall be submitted to the City Engineer and shall be made payable to "The City of Atlantic City." Cash will not be accepted. The City Engineer will forward all checks to the Comptroller of the City of Atlantic City. Performance bonds will be forwarded to the City Solicitor for review and approval and then returned to the City Engineer. Performance bonds will be held until receipt of the certification of satisfaction issued by the City Engineer. Performance bonds shall not be released until satisfactory maintenance bonds have been posted. Maintenance bonds shall be in effect for a period of two years as determined in Subsection B(3) above from date of acceptance.
(9) 
If it becomes necessary for the city to sue under a performance bond or maintenance bond or letter of credit because of unsatisfactory work, and if the cost of the corrective work exceeds the original bond value, the city reserves the right to recover the extra cost from the applicant.
Upon receipt of the permit, the applicant, the owner and the contractor agree that the City of Atlantic City will be saved harmless from any and all claims of any nature arising for a period of two years after issuance of the certificate of satisfactory completion, and also agree that the City of Atlantic City, in issuing the permit, shall not assume liability in connection therewith. In the event of any suit or claim against the city due to the negligence or default of the permittee or the contractor, the city shall give written notice to the permittee of such suit or claim. Any final judgment requiring the city to pay for such damage shall be conclusive upon the permittee and the contractor, and the permittee and the contractor shall be liable to repay the city for its costs of defense in connection with such suit.
A. 
The permittee and any contractor hired by the permittee shall provide insurance coverage of such types and in such amounts as will completely protect the permittee, contractor and the city, its elected officials, officers, agents, servants, employees and assigns against any and all risks of loss or liability arising out of any work under this permit. The insurance must be furnished by insurance companies authorized by the Commissioner of Insurance to do business in the State of New Jersey and must be approved by or acceptable to the City Risk Manager. The permittee shall furnish the city with certificates of insurance naming the city as an additional insured, and providing further that any liability insurance coverage shall be considered as primary and not as excess insurance, describing the types and amounts of insurance, identifying the coverage to this permit by reference and providing for 30 days' written notice to the city by registered mail prior to any modification, cancellation, nonrenewal or other change in coverage. The policies must be effective prior to the commencement of work and must remain in force until the certificate of satisfactory completion is issued by the City Engineer. If the permittee returns to the site to perform maintenance work during the maintenance period, a current certificate of insurance must be provided to the city at that time. A completed operations policy must remain in effect for five years after issuance of the certificate of satisfactory completion. In the event of interruption of coverage for any reason, all work under the permit shall cease and not resume until coverage has been restored.
B. 
The following are the minimum mandatory types and amounts of insurance coverage to be carried in accordance with this article:
(1) 
Workers compensation — statutory — limits — employer's liability — unlimited.
(2) 
General liability in a comprehensive form with a minimum limit of $1,000,000 C.S.O., including:
(a) 
Premises-operations.
(b) 
X.C.U.
(c) 
Blanket contractual.
(d) 
Products-completed operations.
(e) 
Broad form property damage.
(f) 
Independent contractors and subcontractors.
(g) 
Personal injury.
(3) 
Motor vehicle liability insurance in a comprehensive form with a minimum of $1,000,000 C.S.L., including:
(a) 
Owned automobiles.
(b) 
Hired automobiles.
(c) 
Nonowned automobiles.
C. 
Utility companies may submit blanket insurance certificates from themselves and/or their contractors which shall be valid until the expiration of the coverage listed thereon.
D. 
The permittee shall provide proof that any contractors or subcontractors have in force during the term of this permit insurance equal to the coverages as herein set forth or shall make arrangements to ensure that the activities of any contractors or subcontractors are included under the permittee's policy. If the contractor does not have adequate insurance, then the permittee must agree to indemnify the city for all the contractor's actions. Neither approval by the city nor failure to disapprove certificates of insurance furnished by the permittee shall release the permittee of full responsibility for all liability and casualty claims or losses. Insurance is required as a measure of protection, and the permittee's liability is not limited thereby. The certificate shall be subject to the review and approval of the City Insurance/Risk Manager. If, at any time during the term of this permit or any extension thereof, any required policies of insurance should expire or be canceled, it will be the responsibility of the permittee to furnish to the City a Certificate of Insurance or an acceptable replacement of the expiring policy prior to the expiration or cancellation date so that there shall be no lapse in any coverage.
E. 
Residential driveways.
(1) 
The permittee shall provide the city a copy of a current liability policy, insuring the premises in question where the driveway is being constructed; the policy shall be necessary if the work is to be performed by the applicant/policyholder. The minimum limits of liability coverage must be $300,000.
(2) 
If any of the work is to be performed by an outside contractor, the contractor must supply an insurance certificate meeting the requirements set forth in Subsections A, B, C and D of this section.
A. 
The permittee shall take appropriate measures to assure that during the performance of the excavation work both vehicular and pedestrian traffic, as applicable, shall be maintained as nearly normal as practicable. The permittee shall plan and carry out his work to provide for the safe and convenient passage of such traffic and to cause as little inconvenience as possible to the occupants of adjoining properties. 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 and must provide the City Engineer with proof of such notice. If an opening requires a detour, then five working days' notice is required.
B. 
The permittee shall open no greater part of a street or pedestrianway than shall be reasonably necessary as determined by the City Engineer.
C. 
The permittee shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices in accordance with requirements of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and any amendments thereto, and in accordance with any directions of the City Engineer and shall take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during hours of darkness. Barricades must display the name of the contractor. Specified warning signs shall be provided to properly control and direct traffic. The permittee shall erect warning signs at a reasonable distance ahead of any place where operations may interfere with the use of the street by traffic. All barricades, warning signs, lights and other protective devices shall conform to the United States Department of Transportation Manual on Uniform Traffic Control Devices, Latest Edition, and any amendments thereto.
D. 
In the event that it will become necessary to close off any street to pedestrian or vehicular traffic, the permittee shall provide a detailed detour plan to the City Engineer for approval. The City Engineer may require that said plan be prepared by a New Jersey licensed professional engineer. The permittee shall notify the City Engineer at least five working days in advance of putting the detour in effect so that the City Engineer shall have sufficient time to notify the police and the media of the detour. The permittee shall be responsible for the repair and maintenance of such detours, the regulation and direction of traffic thereon and signing.
E. 
The excavation work shall be performed and conducted so as not to interfere with access to emergency facilities (i.e., fire stations, police stations, hospitals, etc.) and fire hydrants. Materials and obstructions shall not be placed within 25 feet of fire hydrants or as directed by the Atlantic City Fire Chief. Passageways leading to fire escapes, fire-fighting equipment and emergency accessways shall be kept free of obstructions.
F. 
Where deemed appropriate by the City Engineer, daily time restrictions on lane closures will be imposed. Typically this will require no lane closure before 9:00 a.m. and/or lanes must be reopened by 3:30 p.m. Restrictions on Boardwalk closures will be in effect between Memorial Day and the Miss America Pageant weekend.
G. 
The use of flagmen is encouraged on all construction and may be deemed mandatory by the City Engineer. The applicant must show documentation that flagmen have been trained in Manual of Uniform Traffic Control Devices (MUTCD) traffic control procedures. When said documentation cannot be provided or in exceptional circumstances, off-duty police officers shall be employed for traffic control where required by the City Engineer.
The following measures shall be taken to ensure the safety and protection of the traveling public:
A. 
All openings must be backfilled immediately and temporarily paved or steel plated the same day as the opening is made. Final restoration must be performed within the time periods described in § 222-5C.
B. 
If the nature of the work requires leaving an excavation unfinished overnight or for an extended period of time, the permittee shall obtain written authorization from the City Engineer at least five days in advance of construction. Alternatively, in case of an emergency, the permittee shall place safety barriers with appropriate lighting around the unfinished excavation area. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices, Latest Edition, and any amendments thereto, Part VI; except that the permittee must place his name and a phone number where he can be reached at all times on the barriers.
C. 
Any portions of work areas not closed to traffic shall be brought to the existing grade with at least six inches of bituminous stabilized base, Mix I-2, applied over a six-inch subbase of dense graded aggregate. All lifts must be mechanically compacted and continuously maintained until final restoration is performed.
D. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and/or pedestrian crossings. The applicant shall submit all plans, design calculations and specifications to the City Engineer at the time application is made.
E. 
All permittees must call the New Jersey One Center at 1-800-272-1000 and obtain markouts before excavation.
F. 
The permittee and contractor shall comply with the Occupational Safety and Health Administration (OSHA) trench sheeting regulations and with all other OSHA regulations, and with any other applicable laws, in the performance of the work.
G. 
No construction activity shall begin on any day until all traffic control devices are in place.
[Amended 5-22-2013 by Ord. No. 32-2013; 2-26-2014 by Ord. No. 4-2014; 3-20-2019 by Ord. No. 5-2019]
A. 
Street and improvement construction and restoration shall conform to the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, latest edition. However, the City Engineer may require specific restoration standards or specific street improvements based upon a review of the applicant's plans, details and/or specifications and after considering the impact of the project on the streets and its users. Paper streets shall be restored to existing conditions.
B. 
Trenches and other open excavations shall be backfilled with clean granular soil, free of excessive fines, in lifts not to exceed six inches in height. Compaction shall be done with vibratory tampers such as jumping jacks, hoe packs, Dynapacks or other equipment acceptable to the City Engineer. Puddling of backfill is permitted. Excess backfill shall be removed from the site. If there is a deficiency of backfill material, additional backfill material shall be supplied by the permittee. Whenever the City Engineer deems the backfill material unsatisfactory, the permittee shall provide acceptable material that is clean, granular and free from excessive fines. Ninety-five percent relative compaction (modified proctor) is required for all backfill operations. The City Engineer may require the permittee to have a certified soil testing laboratory test backfill for compaction at any given lift. These tests shall be done at the expense of the permittee, and a copy of the test results shall be furnished to the City Engineer. If the certified laboratory test results do not achieve the 95% relative compaction required, the City Engineer may require reexcavation and compaction. The provisions of this subsection are subject to § 222-11A.
C. 
In all streets except those with a concrete base, the permittee shall restore said road or street with a compacted subgrade of material acceptable to the City Engineer, six inches of compacted dense graded aggregate and a temporary pavement consisting of six inches of bituminous stabilized base, Mix I-2. The top of the bituminous stabilized course shall be brought even with the existing finish grade of the street. Cold patch will not be permitted as a temporary pavement course, unless the asphalt plants are closed during the winter months. The temporary pavement shall stay in place for a period of at least four weeks unless further time is deemed necessary by the City Engineer. In general, deeper excavations shall require longer periods of time for soil consolidation. The permittee is responsible for maintaining the temporary pavement in passable condition and shall apply additional asphalt courses or skin patches or perform pothole repairs if deemed necessary by the City Engineer. Immediately prior to applying the surface course, the permittee shall mill out the temporary pavement above the trench and to sufficient widths on both sides of the trench to assure straight and uniform surface restoration limits. At a minimum, the mill course shall consist of the width of the trench at the road surface plus one foot on each side of the trench. The milling depth shall be two inches. The permittee shall then apply a tack coat followed by two inches of bituminous concrete surface course, Mix I-5. The total width of the restored roadway surface shall comply with the policies stated in Subsection D below. Streets with a concrete base shall be restored using a combination of concrete and asphalt as approved by the City Engineer. The time limitation prescribed in § 222-5C also applies to this section. The provisions of this subsection are subject to § 222-11A.
D. 
Street surface restoration standards are further delineated as follows:
(1) 
One travel lane or deceleration lane. Surface restoration shall extend for 1/2 of the road width for a two-lane road and a full lane width for a multilane street.
(2) 
Multiple laterals or exceptionally wide trench openings. Surface restoration shall extend across the full width of the paved street. "Multiple laterals" is defined as disturbing greater than 25% of the area of an individual block. "Exceptionally wide" is defined as disturbing greater than 1/3 of the curb-to-curb width of a street.
(3) 
All final edges of trench restoration shall be straight, uniform cuts with no keys or edge realignments. The City Engineer may require a diamond restoration pattern for cross trenches and intersection crossings depending upon the amount of traffic on the street and the depth of the trench. The permittee is responsible for the full restoration of the roadway surface, including restriping.
(4) 
The provisions of this subsection are subject to § 222-11A.
E. 
Pipes, conduits and hookups, six-inch diameter or less, used for making opposite side of the street hookups shall be driven or bored under the paved portion of the street without disturbing the surface. This requirement shall not apply to gravity sanitary sewer laterals. The provisions of this subsection are subject to § 222-11A.
F. 
Minimum Boardwalk restoration shall consist of new decking for the full width of any disturbed ribbons. New stringers and girders shall be required to replace any superstructure members damaged or otherwise rendered unusable during the course of construction. Removed members may be reused, provided that their reinstallation complies with the City's Standard Plans and Specifications and permission is obtained from the City Engineer. The applicant will not be responsible for replacing damaged superstructure members, provided that the applicant notifies the City Engineer and requests preconstruction inspection and provided that written acknowledgment of existing damaged members is received from the City Engineer. When pedestrian and/or vehicular ramps are removed they shall be reconstructed in their entirety with new material. The provisions of this subsection are subject to § 222-11A.
G. 
Upon completion of work, the applicant will request a final inspection by the City Engineer's office. The City Engineer may require that random core samples be taken on the project if in the opinion of the City Engineer there appears to be a question regarding either quality of the asphalt or the thickness thereof. These core samples will be the responsibility of the contractor and shall be taken and tested by a certified testing laboratory. All costs associated with this testing will be borne by the permittee. If these samples reveal the use of improper material or insufficient thickness, the permittee shall be required to remove, replace, add or take other actions to satisfactorily complete the restoration work as directed by the City Engineer. If the work is completed in a manner satisfactory to the City Engineer, the City Engineer will then issue a certificate of satisfactory completion to the applicant. The performance surety will be returned by the City upon receipt of a satisfactory maintenance guaranty. The provisions of this subsection are subject to § 222-11A.
H. 
If the permittee fails to complete work or provide required safety and signage measures in a timely manner satisfactory to the City Engineer, the City shall complete the work and the permittee shall be obligated to pay the City for labor, materials and equipment as follows:
(1) 
For labor, the permittee shall pay at the current prevailing wage rate as determined for Atlantic City by the New Jersey Department of Labor. Payment shall be made on a per-hour basis for all time expended by each City employee in completing the work. Payment shall be required for a minimum of four hours for each occasion City employees are needed to complete work left unfinished by the permittee.
(2) 
For materials, the permittee shall pay for all materials used at the City's costs, based upon the City's annual bid prices.
(3) 
For equipment, permittee shall pay for usage on a per-hour basis based upon the fee schedule listed in the current edition of the publication "Rental Rates Compilation-Construction Equipment" published by Associated Equipment Distributors.
(4) 
The provisions of this subsection are subject to § 222-11A.
I. 
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 that final paving is done. All traffic control signs removed for construction activities shall be reinstalled that same day. The provisions of this subsection are subject to § 222-11A.
J. 
All driveways damaged during construction shall be restored with the same material and size existing prior to construction. Minimum restoration depths shall be six inches. The provisions of this subsection are subject to § 222-11A.
K. 
All landscaping damaged during construction shall be restored in kind to the size and density existing prior to construction. Lawn areas shall be restored with four inches of loamy topsoil and seeded. The provisions of this subsection are subject to § 222-11A.
L. 
Multiple utility openings.
(1) 
When the same utility company or authority performs five or more total cumulative openings, regardless of size, within the same street block during the five-year period following resurfacing, repaving, or reconstruction of said street, it shall be the obligation of that utility company to mill to a depth of two inches across the entire block, between existing gutter lines, and for the entire block they shall overlay that milled area with a two-inch-thick layer of bituminous concrete surface course, Mix I-5.
(2) 
When the same utility company performs five or more openings, regardless of size, within the same year in the same block beyond the five-year period of a resurfacing, repaving, or reconstruction of said street, it shall be the obligation of that utility company to mill to a depth of two inches across the entire block, between existing gutter lines, and for the entire block they shall overlay that milled area with a two-inch-thick layer of bituminous concrete surface course, Mix I-5.
(3) 
When the same utility company or authority performs trench installation exceeding 1.5% of the pavement's surface area within a block, or if more than 1/3 of the width of the street is disturbed, or if three or more openings, regardless of size, are made within a fifty-foot length of the street, it shall be the obligation of that utility company to mill to a depth of two inches the entire block between existing gutter lines and for the entire block and overlay that milled area with a two-inch thick layer of bituminous concrete surface course, Mix I-5.
(4) 
The requirements of this subsection shall include, but not be limited to, restoring a percentage of the stabilized concrete base course and concrete subbase course as required by the City Engineer and any and all ADA accessible handicap ramps, sidewalks, curbing, pavement markings, and gutters/drainage structures (e.g., catch basins) that fall within the public right-of-way. Areas of roadway disturbance that extend into or across any street intersection shall saw-cut up to 10 feet beyond the existing matching line within that intersecting street, mill to a depth of two inches across the full width of the intersecting street up to that new saw-cut match line, overlay that milled area with a two-inch-thick layer of Mix I-5, except for any keyway that may be required within the last foot of the intersecting street, which may require a three- to four-inch-thick mill and layer of asphalt, as directed and/or required by the City Engineer.
(5) 
The provisions of this subsection are subject to § 222-11A.
[Amended 11-25-2008 by Ord. No. 104-2008]
A. 
Any person violating any of the provisions of this article shall, upon conviction in the Municipal Court of the City of Atlantic City, be punished for each offense by a fine not to exceed $2,000 or by imprisonment for a term not exceeding 90 days in the county jail or in any place provided by the City for the detention of prisoners, or both. The Municipal Judge before whom any person is convicted of violation of this article shall have power to impose any fine or term of imprisonment, or both, not exceeding the maximum fixed in this article.
B. 
Nothing in this section shall be construed to relieve an offender from his obligation to restore any street or the Boardwalk in accordance with the provisions of this article.