[Adopted 1-7-1997 as § 18-1 of the 1996 Revised General Ordinances, as amended
through Ord. No. 2001-9]
As used in this article, the following terms shall have the
meaning as indicated:
A person who applies for a permit.
A person who has been issued a permit.
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the City as a public
street, as well as any state or county road or highway over which
the City has acquired jurisdiction by agreement.
A.
Permit required. No person shall make an excavation in, or tunnel
under, any street without the issuance of a permit.
B.
Term. Such permit shall remain in effect for 30 days, provided that
such time may be extended upon application made to the appropriate
City official within the thirty-day period for an additional 30 days,
upon good cause being demonstrated for the noncompletion of the work
within the initial period.
C.
Case of emergency.
(1)
In the event of an emergency, work may commence immediately, provided
that:
(a)
An application has been filed with the Building Department with
an estimate of fees required and with an estimated performance guarantee.
(b)
The procedure in Subsection C(1) above may be implemented the next business day succeeding the commencement of the work, in the event the emergency takes place after the close of the business day, provided that a call is made to the Police Department citing the information required in § 366-13A(1) through (7) and (9).
(c)
The permit, when issued, shall be retroactive to the date on
which the work was begun.
(2)
The Director of Public Safety is to turn over to the Commissioner
of Revenue and Finance immediately all fees received by him/her pursuant
to this article.
A.
All applications
for street opening permits shall be filed with the appropriate City
official on forms provided by such office and shall provide the following
information, as applicable:
(1)
Name, address and telephone number of the applicant.
(2)
Names, addresses and telephone numbers of parties to be reached in
the event of an emergency.
(3)
Street address of premises adjacent to proposed opening.
(4)
The Tax Map lot and block numbers of properties abutting and adjacent
to the portion of the street to be opened.
(5)
Name, address and telephone number of property owner for whose benefit
opening is to be performed.
(6)
Character and purpose of the proposed work.
(7)
Estimated time when work is to be commenced and completed.
(8)
Plans and specifications or other drawings on permit, showing the
exact location and dimensions of all openings.
(9)
Name, address and telephone number of the person who is to perform
the work.
(10)
An acknowledgment that the applicant agrees to replace, at his/her
own cost and expense, the pavement, curb, gutter, lawn, sidewalk and
all other disturbed areas in accordance with current City standards
within 90 days of any particular street opening with the following
exceptions:
(a)
Within 24 hours of such opening the area shall be restored by
complete backfilling with a dense graded aggregate in accordance with
the New Jersey Department of Transportation specifications for the
full depth of the trench, excepting the uppermost portion, which shall
be restored by base course Mix I-2 and two inches of bituminous concrete
surface course Mix I-5. The surface course shall consist of five inches
of stabilized base.
(b)
The surface course may be delayed with consent of the Building
Department or City Engineer until a reasonable time to allow for trench
settlement.
(c)
The placement of the surface course may be delayed in the event
of the winter season to a date not beyond April 15.
(d)
Certain underground conduits, pipes, etc., which may require
a sand cushion adjacent to the structure for protective reasons, will
be permitted if indicated in the application and with approval of
the Department of Public Works or City Engineer.
(e)
Edges of all excavation shall be cut in a straight line with
a saw or an approved pavement cutter.
(11)
The nature, location and purpose of the work.
(12)
A statement that the permittee will comply with the ordinance,
regulations and laws relating to the proposed work.
(13)
Any other data reasonably required by the Construction Code
Department.
B.
A permit shall be required for each and every road excavation unless
otherwise agreed upon.
C.
A permit shall not be transferred except upon prior written consent
of the Construction Code Official.
D.
Each permittee shall call 1-800-272-1000 to obtain a utility mark
out at least 48 hours prior to commencement of excavation of any street
and certify that (s)he has followed the mark-out procedure for determining
the location of utilities and obstructions within the area of the
proposed work, and submit a mark-out reference number, as provided
by the Garden State Underground Plant Location Service.
A.
Each permittee shall keep each respective opening properly guarded
with lights, devices and manpower as may be required. Barricades,
signs and traffic control shall be in accordance with the Manual of
Uniformed Traffic Control Devices. Work shall be performed in a manner
and by a schedule so as to affect the least traffic interference.
No road shall be closed to traffic unless permission is granted through
the office of the Chief of Police; provided, further, that no road
shall be so closed on a daily basis for more than one day without
the grant of permission from the Director of Public Safety, or his/her
designee. In the event the Police Chief, or his/her designee, deems
it necessary, an off-duty City police officer shall be employed by
the applicant to direct traffic.
B.
The permittee shall hold harmless the City, its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee, or the agents of the permittee, in connection with the performance of work covered by the permit. In the event the work has not been completed on or before the expiration date of the permit and the permittee has not requested an extension of time, the Building Department, if it deems it advisable, may take steps to backfill the trench and replace a permanent pavement over the opening for which the permit was issued and charge or deduct same against the bond required in § 366-17. If any extension of time beyond the date is required for the completion of the work, a new application must be filed if the City Engineer or Building Department so requires.
C.
Except in the case of an emergency or special construction requirements,
all road openings shall be closed within 24 hours by the permittee,
or its delegated agent, and thereafter maintained in a safe condition
for vehicular traffic until the permanent surface has been restored.
In the case of an emergency, a substituted closing may be constructed
as directed by the Building Department.
D.
Any work for which a permit is issued shall be conducted so as not
to interfere with any water main or sewer, or any connection from
a water main or sewer to any building, unless prior permission for
interference has been obtained from the subcode official of the Building
Department or the City Engineer. All rock within five feet of any
water main, sewer or other pipe which may become damaged shall be
removed without blasting. No excavation which may damage trees or
shrubbery shall be made without the prior permission of the Building
Department or the City Engineer.
E.
When closing the street, each permittee shall completely backfill
the trench with material which is to be placed in layers not exceeding
12 inches in thickness, moistened as required, and each layer tamped
until thoroughly compacted.
F.
In the restoration of original pavement in an excavation, the following
rules shall govern:
(1)
The foundation shall be restored to a width of 12 inches wider than
the width of the trench, except where deemed unnecessary in the reasonably
exercised judgment of the appropriate City official.
(2)
The surface pavement shall extend 12 inches wider than the width
of the foundation and six inches longer than the length of the foundation.
(3)
The permittee must install the restored foundation as well as the
restored surface of all openings.
G.
In cases where it is necessary to resort to tunneling operations
to reach the point of connection with any main line, the backfill
in the tunnel shall be of rammed cement concrete composed of a mixture
of one part of cement and six parts of coarse aggregate material.
H.
The Building Department or the City Engineer may impose special condition
in any special case.
I.
Under extraordinary conditions not covered by this section, the City
Engineer shall receive a copy of the plan of the permittee and, after
evaluation, set a fee commensurate with the circumstances in the exercise
of his/her reasonable judgment.
J.
The City Engineer may make any reasonable rules and regulations which
(s)he considers necessary for the administration and enforcement of
this article, but no regulation shall be inconsistent with, alter
or amend any provisions of this article or impose any requirement
which is in addition to those expressly imposed by this article. Copies
of all current regulations shall be furnished each permittee at the
time of the issuance of the permit.
A.
Utility companies, including those engaged in the installation of
gas, water and electric lines, shall report to the Department of Public
Works and the City Engineer, yearly, their intentions with regard
to prospective work requiring future street openings in the community
for the purpose of coordinating such activity with pavement projects
anticipated by the City.
B.
Except in the case of an emergency, the City shall have the right
to schedule street openings with utility companies in a manner which
will create the least disturbance to pavement courses, in furtherance
of which purpose the Department of Public Works shall provide to the
utilities a schedule of expected street construction and resurfacing.
A.
Each applicant for a permit, before its issuance, shall pay to the Building Department a fee as set forth in Chapter 155, Fees, per opening.
B.
The permittee shall deposit with the Building Department such fees
as are reasonably anticipated to be required to reimburse the City
for the cost of plan review and inspections, as may be required by
the Building Department and/or the City Engineer. In the event the
project extends beyond the anticipated completion time, the City Engineer
may deem that additional fees be deposited to cover City expenses.
A.
All permittees, including, but not limited to, public utilities,
counties, their contractors or contractors of state or federal agencies,
shall deposit a guarantee with the Treasurer of the City in the form
of a bond, certified check or bank draft acceptable to the City. The
deposits required herein shall be held in a separate account by the
City and will carry no interest to the permittee. One year after final
restoration of the work pending the approval of the Construction Code
Official, the guarantee shall be returned to the permittee. However,
should the Construction Code Official, upon final inspection, determine
that the construction under this permit was unsatisfactory and/or
otherwise in violation of the approved plans or conditions attached
to the permit and should the permittee, upon receipt of written notice
of deficiencies fail to remedy the same in 30 days, then the Construction
Code Official shall initiate the process to deduct from the permittee's
guarantee all expenses incurred by the City in performing the necessary
repairs to remediate the same.
B.
The Construction Code Official shall have the right to perform borings
in the pavement, cut cores in the pavement or to perform other investigations
as deemed necessary to confirm that the provisions of the road opening
permit have been satisfied. The cost of such investigations shall
be billed to the permittee.
C.
The Construction Code Official may required an extended maintenance
period in excess of one year and an additional maintenance guarantee
depending upon the nature of the work involved. This additional obligation
will be released upon completion of the work and acceptance of the
work by the Construction Code Official.
D.
When a maintenance bond is posted, it shall be executed by the permittee
as the principle and surety company licensed to do business in the
State of New Jersey as surety.
E.
The release of the guarantee shall be also conditioned upon the permittee
restoring the surface and any damage to the streets abutting the work
site and those streets which had sustained damage through the use
of construction equipment and vehicles.
F.
For utility main construction, other or additional conditions may
be prescribed by the City. Plans for such projects must have the approval
of the Construction Code Official before a permit may be issued.
Whenever, in the opinion of the Commissioner of Public Works,
the nature of any street improvement through which an excavation has
been made is such that it will be for the best interest of the City
that the replacement holding the permit for the excavation to temporarily
fill in and close the same, bringing the filling to grade with such
tops as the Commissioner shall seem proper to make the same safe and
fit for public travel. In that event, any moneys deposited upon application
for the permit shall be held to meet the expense of such repavements
and the holder of the permit shall be entitled to receive only the
balance of the moneys so deposited after deducting the cost of repaving.
Money deposited and withheld, however, must be accounted for to the
holder of the permit within one year from the date of deposit.
Should the pavement not be replaced within 30 days in the manner
and condition to correspond with the remainder of the pavement on
the highway, the person holding the permit shall be in violation of
this article. In that event the City, under the direction of the Department
of Public Works, may repair that portions of the street, all expenses
shall be deducted from the permit fee on deposit with the Commissioner
of Revenue and Finance. Should there be a deficit after making this
deduction, the City may institute suit of recovery against the permit
holder in a court of proper jurisdiction.
Any person who shall violate, permit, allow or suffer to be violated any provision of this article shall be subject to a fine of not more than $200 for each violation, and the imposition of the payment of the required fees, as provided for in Chapter 155, Fees. For the purpose of this article, each day that a violation remains in effect may be considered a separate violation.
[Amended 10-6-2015]
A.
Once a year the Construction Code Official shall notify public utility
providers and municipalities of planned work on City roads. Any work
to be done on these roads will have to be done before paving is started.
Such notice shall state that no road opening permit shall be issued
for openings, cuts or excavations in such City road for a period of
10 years after the date of paving. The notice shall also notify such
permittee that applications for road opening permits, for work to
be done prior to such paving shall be submitted promptly in order
that the work covered by the permit may be completed before paving.
B.
During such ten-year period, no permit shall be issued to open, cut
or excavate in such City road unless, in the judgment of the Construction
Code Official, an emergency exists which makes it absolutely essential
that the road opening permit be issued.
C.
The Construction Code Official is authorized to demand a cash escrow
or equivalent in an amount not exceeding $10,000 to assure that any
road opening on roadways paved within the past 10 years is restored
satisfactorily. The restoration shall include milling and repaving
of the area so as to blend uniformly with the adjacent roadway as
per the conditions stated in the permit, including restoration of
pavement markings, signage and all other appurtenances.
A.
Roadway restoration requirements for all excavation work involving
roads of the City shall require the following: a six-inch thick dense
grated aggregate subbase, base coat of stabilized eight-inch thick
Mix I-2 and two-inch surface course of bituminous concrete Mix I-5.
B.
Any road in the City which has been resurfaced in the last 10 years
for which a new road opening permit is issued shall include the requirement
that the party performing the work must resurface the road from curb
to curb and from street corner to street corner. Furthermore, all
driveways and/or sidewalks at any intersection impacted by work done
under a road opening permit must be restored with six-inch thick Class
B concrete with wire mesh reinforcement. All regular sidewalks, when
being restored or replaced as part of a road opening permit, must
have four-inch thick Class B concrete. The acceptance of all work
done under the aforesaid specifications shall be under the jurisdiction
of the Construction Code Official.
