[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Editor's Note: This ordinance repealed former Art.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:
Any person making written application to the City Engineer
for a street opening permit hereunder.
Any portion of the Boardwalk, pedestrian and vehicular ramps,
beach access stairways, tunnels and their supporting members, and
all handrails.
The person appointed to the position of City Engineer, or
any person authorized to act as his or her representative.
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.
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.
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.
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.
Any person who has been granted and has in full force and
effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
An excavation and/or utility installation for a single family
dwelling.
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.
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.
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]
(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).
(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.
(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.
(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.
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.
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.
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.
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.
[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.
