Borough of Lindenwold, NJ
Camden County
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Table of Contents
Table of Contents
[Adopted 11-17-1969 (Ch. 181, Art. I, of the 1981 Code); amended in its entirety 12-12-2018 by Ord. No. 2018-116]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
APPLICANT
Any person making written application to the Borough Official or designee for an excavation permit hereunder.
BOROUGH
The Borough of Lindenwold.
BOROUGH COUNCIL or COUNCIL
The Borough Council of the Borough of Lindenwold.
BOROUGH OFFICIAL
The appointed person who represents the Borough of Lindenwold.
DIRECTOR
The Director of the Highway Department of the Borough of Lindenwold.
EMERGENCY OPENING
An urgent and immediate opening and repair operation required to protect the health, safety and welfare of the general public from immediate hazards posed by a broken or leaking main, an eroded and undermined structure, damaged utilities or other similar instance involving a sudden and unforeseen hazard on a public street.
EXCAVATION
The digging, displacing, undermining, opening, boring, tunneling, auguring, or in any manner breaking up any improved or unimproved street, sidewalk, curb, gutter or other public property in any roadway.
EXCAVATION WORK
The excavation and other work permitted under an excavation permit and required to be performed under this article.
MAINTENANCE GUARANTEE
A security in the form of either a bond, letter of credit, cash or a certified check posted by the applicant to guarantee the proper maintenance of the reconstruction of the work as described on the application and permit forms for a period of two years after final acceptance.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other similar security acceptable to the Borough Solicitor which is furnished by the applicant as a guaranty of good faith to perform and complete the work as described on the application and permit forms, to full compliance with the construction standards contained herein to assure that any subsequent necessary repairs are accomplished as directed by the Borough Official.
PERMITTEE
Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
STREET
Any street, highway, avenue, shoulder, right-of-way or other public way or public grounds in the Borough of Lindenwold.
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street, right-of-way or public grounds, or to make or cause to be made any excavation in or under the surface of any street or public grounds for any purpose, or 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, unless such person shall first have obtained an excavation permit therefor from the Borough Official or designee as provided herein.
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Borough Official or designee. The written application shall state the name and address of the applicant; the nature, location and purpose of the excavation; the date of commencement and date of completion of the excavation; and other data as may reasonably be required by the Borough Official. The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to excavation and the proposed excavated surfaces, the location of the excavation work and such other information as may be prescribed by the Borough Official.
A. 
A permit fee shall be charged by the Borough Official for the issuance of an excavation permit, which shall be in addition to all other fees for permits or charges relative to any proposed work. This fee for the excavation permit charged by the Borough Official shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, and shall be nonrefundable.
B. 
Said permit shall be good for only one excavation within one street or block. A permit must be obtained for each excavation proposed, and it must note the date of completion, which shall be within 30 days from the date of issue of the permit or a new permit will be required and an additional permit fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, must be paid.
The Borough shall provide each permittee, at the time a permit is issued hereunder, with a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Borough of Lindenwold, Permit No. _____ Expires _____," and in the first blank space there shall be inserted the number of said permit and after the word "expires" shall be stated the date when said permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit.
The Borough Official or designee shall, upon receipt and examination of the application and the deposit and fee referred to hereinabove, issue a permit under his/her hand for the excavation. The Borough Official or designee shall specify on the permit that such work shall be completed and the road or sidewalk surface restored within 48 hours after work is commenced or a duration of time which in the opinion of the Borough Official is reasonable and fair.
The applicant or contractor is forbidden to commence work until the items listed in Issuance of Permit have been compiled and the applicant has notified the Borough Official at least 48 hours in advance of the exact date and hour the proposed work is to commence.
Before an excavation permit as herein provided is issued, the applicant shall deposit with the Borough Official or designee a surety bond in the amount as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, payable to the Borough. The required surety bond must be:
A. 
With good and sufficient surety.
B. 
By a surety company authorized to transact business in the state.
C. 
Satisfactory to the Borough Solicitor in form and substance.
D. 
Conditioned upon the permittee's compliance with this article and to secure and hold the Borough and its officers harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the excavation permit or for which the Borough, the Borough Council, Borough Official or designee may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee.
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 Borough 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 Borough of Lindenwold for the same amount (100% of the total estimated construction cost) may be substituted for the performance surety. The estimated cost of the proposed work shall be based upon current market values, and said amount shall be prepared by the applicant and approved by the Borough Official. Upon completion of the work covered by such permit, and approval by the Borough Official, the Borough Official or designee shall return 50% of surety, except in the case of annual deposit, and the balance shall be refunded by the Borough to the permittee upon expiration of a six-month period.
B. 
In lieu of the above-mentioned performance surety, public utility companies or authorities may post an annual performance surety for $20,000 or for an increased amount determined by the Borough Official. The form of the surety shall be approved by the Borough Solicitor. Fifty percent of the annual deposit shall be refunded by the Borough at the end of the one-year period for which the deposit was made or upon the satisfactory completion of all excavation work undertaken during such a period, whichever is later.
C. 
The balance of the annual deposit shall be refunded at the end of a six-month period.
D. 
The Borough may use any or all of any such deposit to pay the cost of any work that the Borough performs to restore or maintain the street as herein provided in the event that the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount expended by the Borough.
In addition to the posting of a performance surety, and as a condition to the release of same, the applicant shall also post a maintenance surety: either a bond, letter of credit, cash or a certified check and in the penal sum of 15% of the performance surety. The maintenance bond will serve to guarantee that the road as reconstructed will remain in good condition and free of defects after acceptance, as follows: The applicant shall be responsible for all maintenance and repairs required at the site for a period of two years after the date of acceptance for which have a depth of four or more feet from the road surface; or for a period of two years after the date of final acceptance for all other work which requires a permit as set forth herein.
The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Borough Official may permit the closing of streets to all traffic for a period of time prescribed by him if in his opinion it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Borough Police Department. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment. A traffic control plan is required if permittee is closing lanes or roads and must be submitted at the time of application.
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the Borough streets or rights-of-way, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights, which shall be kept burning throughout the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety and/or health.
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Borough Official shall have the authority to cause said necessary labor and materials to be furnished by the Borough, and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits.
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director. From time to time as may be ordered by the Borough Official or by the Director and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within 24 hours after having been notified to do so by the Borough Official or by the Director, said work may be done by the Borough and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
Backfill material shall be clean sand or gravel and shall not contain any foreign matter, such as broken concrete or asphalt. All compaction shall be in accordance with the New Jersey Department of Transportation (NJDOT) Standard Specifications for Bridge and Road Construction, 2007, 301.03 Subbase and Base Courses, or newest version.
Should any street or rights-of-way be opened transversely, the trench shall not exceed four feet in width, except by special permission of the Borough Official. Except by special permission of the Borough Official, no street or rights-of-way shall be opened longitudinally more than 250 feet in advance of pipe or other conduit installation, nor left unfilled more than 500 feet where pipes or other conduits have been laid. The length of the trench that may be opened at any one time shall not be greater than the length of the pipe and the necessary accessories which are available at the site ready to be put in place. Permittee and contractor shall comply with the OSHA trench sheeting regulations and all other OSHA regulations, and any other applicable laws, in the performance of the work. No timber bracing, logging, sheathing or other lumber shall be left in trench. Upon completion of laying of pipe or other conduit, excavations must not be left open for more than 24 hours or as may be determined by the Director or Borough Official.
A. 
Temporary restoration.
(1) 
Temporary restoration shall be considered any pavement material to be placed in an opening prior to permanent restoration.
(2) 
Temporary restoration shall be cold patch, asphalt or approved equal a minimum of two inches thick. The applicant shall be solely responsible for maintaining the opening on a continuous basis until the final restoration is completed. Upon verbal or written notification by the Borough, the applicant shall remedy any defects to the temporary paving within 24 hours. Failure to comply with these regulations shall result in a $500 daily fine.
(3) 
Backfill material shall be clean sand or gravel and shall not contain any foreign matter, such as broken concrete or asphalt. All compaction shall be in accordance with the New Jersey Department of Transportation (NJDOT) Standard Specifications for Bridge and Road Construction, 2007, 301.03, or newest version.
(4) 
Openings exceeding 18 inches in depth shall be temporarily restored and have a waiting period of 90 days before permanent restoration.
B. 
Permanent restoration.
(1) 
All openings shall be completed with six inches of compacted DGA, three inches of FABC base course, Mix 1-2, and two inches of FABC surface course, Mix 1-5.
(2) 
Backfill material shall be clean sand or gravel and shall not contain any foreign matter, such as broken concrete or asphalt. All compaction shall be in accordance with the New Jersey Department of Transportation (NJDOT) Standard Specifications for Bridge and Road Construction, 2007, 301.03, or newest version.
(3) 
Any emergency opening occurring in a street repaved within the previous five calendar years shall be infrared sealed. All other openings shall be tack sealed to the satisfaction of Borough Official.
(4) 
No openings other than emergency basis shall be permitted in roads paved within five years. Any opening permitted during moratorium period must be milled and repaved to a length of 50 feet beyond the area of disturbance.
(5) 
Multiple road openings occurring within 30 feet of one another shall be restored as a single opening. Pavement between then openings shall be milled (milling depth shall be two inches) or removed and replaced from curb to center line of roadway. Multiple openings down the middle of the road shall be restored as a single opening, milled or removed and replaced across the full width of the road from curbline to curbline. Openings shall be sealed as indicated above.
(6) 
All openings shall be inspected by the Borough. The applicant shall notify the Borough Public Works Department a minimum of 24 hours prior to final restoration to schedule the inspection. Failure to schedule the final inspection will result in a $500 fine and removal of all paving materials and reinstallation at the applicant's cost. Upon acceptance of the restoration, the Borough shall issue a dated acceptance letter to the applicant. The applicant shall be responsible for all future restoration of the opening for a period of five years from the date of the acceptance letter.
(7) 
Final restoration shall occur within 30 days from the initial opening. Extensions of time are subject to the discretion of the Borough and must be submitted in writing. Failure to complete the restoration within the prescribed time period will result in the forfeiture of the performance bond posted by the applicant.
A. 
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Director, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and, in addition, 25% of such cost for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amounts paid out and due it from any funds of the permittee deposited as herein provided, and the Borough shall also enforce its rights under the permittee's surety bond provided pursuant to this article.
B. 
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for six months after restoring to its original condition.
The permittee shall prosecute with diligence and expedience all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition or as near as may be as soon as practicable and in any event not later than the date specified in the excavation permit therefor.
If in his judgment traffic conditions, the safety or convenience of the traveling public or the public interest requires that the excavation work be performed as emergency work, the Director shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day so that such excavation work may be completed as soon as possible.
In the event of any sudden breaking or bursting of any gas, sewer or water main where immediate repair is imperative to prevent loss or damage to life, health, streets or property or discontinuance of service, it shall not be necessary to obtain a permit before commencing such repair. The Borough requests immediate notification by phone or an email of the event. Such permit shall be obtained within three working days thereafter, and this section shall not be held or taken in any case to exempt any person repairing said pipes or mains from any other of the provisions of this article.
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris, and between the hours of 6:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the Director or in case of emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring properties.
A. 
The Borough Official shall make such inspections as are reasonably necessary in the enforcement of this article.
(1) 
Street opening inspection schedule:
(a) 
Initial inspection prior to opening.
(b) 
Backfill/temporary restoration inspection.
(c) 
Final restoration/50% refund inspection.
(d) 
Six-month follow-up for balance of deposit (upon verification of maintenance deposit).
B. 
The Borough Official shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article.
The provisions of this article shall not be applicable to any excavation work under the direction of competent Borough authorities, by employees of the Borough or by any contractor of the Borough performing work, in behalf of the Borough, necessitating openings or excavations in streets.
All persons operating public utilities in the Borough and having the right either by general or special permission to enter upon streets and open and excavate pavements, sidewalks or disturb the surface thereof by excavation or other work shall be required to apply for a permit for a fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-10, and shall be required to perform the work and bring it to completion as promptly as practicable and, to that end, shall employ an adequate standing force. Any person operating any such public utility shall comply with all of the requirements of this article, including the surety bond and deposit requirements.
A permittee, prior to the commencement of excavation work hereunder, shall furnish to the Borough Official satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation permit public liability insurance of not less than $100,000 for any one person and $300,000 for any one accident and property damage insurance of not less than $50,000, duly issued by an insurance company authorized to do business in this state.
It shall be the duty of any police officer of the Borough to review and approve any and all traffic plans submitted.
A. 
All openings larger than 20 square feet must be saw cut. All others may be cut by other means, but in all cases the edges must be square.
B. 
All cuts in pavement surface shall be saw cut, with no cut closer than four feet to a seam, curb or edge of pavement, or the entire section up to four feet must be replaced. Backfill under pavement is to be compacted in accordance with Borough standards.
C. 
New clean backfill materials under pavement areas are to be used when excavated material is unsuitable for reuse. Suitability to be determined by Borough inspector.
D. 
All paving where areas are excavated is to be replaced with two inches of FABC and the edge sealed with AC 120 or approved equal.
E. 
Openings in the roadside area must be graded, top soiled and seeded. Backfill in this area is to be new clean material when excavated material is unsuitable for reuse.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.