[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands 9-9-2015 by Ord. No. 05-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 150.
Flood damage prevention — See Ch. 183.
Stormwater control — See Ch. 306.
Stormwater management — See Ch. 311.
[1]
Editor's Note: This ordinance also repealed former Ch. 163,
Excavations, comprised of Art. I, Excavation Permits, adopted 5-8-1934
by Ord. No. 253, as amended, and Art. II, Excavation of Streets, adopted
6-28-1995 by Ord. No. 15-95, as amended.
It shall be unlawful for any person, corporation or other legal
entity to dig up, excavate, tunnel, undermine or in any manner break
up any street, sidewalk, curb, pavement or other public place or area
within the public right-of-way, or any part thereof, or to perform
any other operation on any street which in any manner interferes with
or disturbs the surface of such street, within the Borough for the
purpose of laying, down rails, pipes, mains, conduits, or for any
other purpose whatever, unless a written application be first made
to and a permit granted by the Borough of Atlantic Highlands, except
in an emergency.
A written application for a street/sidewalk/curb opening permit
shall be obtained from the Municipal Clerk. The application shall
state the name and address of the applicant, the name and address
of any contractor doing work on behalf of an applicant, the estimated
dates of commencement, completion and restoration of the excavation
and such other data as may reasonably be required. The written application
shall be signed by the applicant and accompanied by plans or drawings
attached to the application, showing the extent of the proposed excavation
work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location
of the excavation work, and the length of time the work will require
in which the excavation and restoration provided will be completed.
The permittee has the additional responsibility of obtaining
a separate permit in accordance with N.J.S.A. 2A:170-69.4 through
2A:170-69.6 when the proposed excavation is located within 200 feet
of a gas pipeline. All permits issued by the Borough are subject to
the issuance of said separate permit. The applicant is further responsible
for contacting all other local utilities to determine whether any
property or facilities of the utilities are located in the vicinity
of the proposed excavation site, and if so, the applicant is obligated
to comply with any statutes or regulations pertaining thereto. All
permittees must call the New Jersey Utility Opening Service (New Jersey
One-Call at 1-800-272-1000) and obtain clearances and mark out locations
before beginning excavation. A copy of the utility mark-out number
shall be provided to the municipality, prior to the issuance of the
permit, for their records, as well as maintaining a copy on file at
the work site. (This requirement is exempted for all major utility
providers NJNG/JCP&L who obtain or provided their own mark-out
services in the course of their daily business).
Upon application and payment of fees and deposits for which
provision is hereinafter made, the Municipal Clerk, in his/her discretion,
may authorize the issuance of a permit to excavate or open the surface
of any town road. The permit shall state the name of the applicant,
the location and purpose of the opening, the number of days for which
the permit shall remain in force and the fee paid. Any permits issued
under this article may be revoked at any time, in his/her discretion,
by the Borough Administrator, Director of Public Works, the Municipal
Engineer and/or for the safety of the general public, the most senior-ranking
officer on duty within the Atlantic Highlands Police Department. All
street excavation permits issued by the Municipal Clerk shall expire
120 days from the permit issuance date. Upon expiration, the applicant
will be required to apply for a new permit, pay appropriate permit
fees, and supply all other documentation as required in the initial
application.
A.
No openings shall be commenced or completed on weekends, holidays,
or outside the normal working hours of 7:00 a.m. to 4:30 p.m., without
written permission of the Borough Administrator, Police Chief or his/her
authorized representative unless in case of emergency. Failure to
provide notice as stipulated herein may result in revocation of the
permit and issuance of a stop-work order. The applicant shall be responsible
to pay for all overtime costs incurred for inspection of work and
for all required traffic control. Permits shall become null and void
unless the work is commenced within 120 days of the issuance of said
permit unless an extension of time is granted by the Municipal Clerk
and/or the Borough Administrator.
B.
The applicant shall give a forty-eight-hour notice to the Municipal
Clerk or his/her duly authorized representative prior to making any
road openings, except in cases of emergency. No opening shall be commenced
on a Saturday, Sunday or a holiday unless in cases of emergency. Once
notified, the Municipal Clerk will forward such notice to the Supervisor
of Streets and the Atlantic Highlands Police Department. The failure
of an applicant to provide the notice required by this chapter shall
authorize the Supervisor of Streets and the Atlantic Highlands Police
Department to cease, in his/her discretion, for a period of 48 hours,
to permit the Supervisor of Streets to inspect the condition of the
area prior to any work being commenced and to assign a representative
of the Borough to monitor the project in question.
No work areas shall be closed to traffic without the approval
of the Atlantic Highlands Chief of Police or an authorized representative.
Proper signage and detour routes must be approved by the Police Chief.
Any requirements for traffic control measures will be at his discretion.
All arrangements and compensation for the same will be made in accordance
with the policies of the Atlantic Highlands Police Department and
will be in addition to, and are not governed by, this chapter. The
permittee shall take appropriate measures to assure that during the
performance of the excavation and restoration work, traffic conditions,
as nearly normal as practicable, shall be maintained at all times
so as to cause as little inconvenience as possible to the occupants
of the abutting property and to the general public in coordination
with the Atlantic Highlands Police Department. The permittee shall
keep all road and street openings guarded at all times and open no
greater part of such road or street than shall be reasonably necessary.
[Amended 9-12-2018 by Ord. No. 10-2018]
Performance and maintenance guaranty. A nonrefundable application
fee of $160 for each separate road opening or improvement shall be
posted with the Municipal Clerk prior to said application being reviewed
and the request for posting of escrow fees. No work shall commence
until those fees have been paid.
A.
Cash repair deposit/performance guarantee. No road opening permit
shall be issued until a satisfactory two-year repair deposits/performance
guaranty is posted with the Municipal Clerk. These performance guaranties
shall be by performance bonds, certified checks or similar cash-equivalent
guaranties, with the exception of public utility company guaranties,
federal government, the State of New Jersey, the County of Monmouth,
or other contractors, who may provide annual performance bonds, in
an amount of no less than $50,000, and in a form approved by the Chief
Financial Officer.
B.
Cash repair deposit. A minimum repair deposit of $500 is required,
for any opening less than 20 square feet, to serve as security for
the repair and performance of work necessary to put the street in
as good a condition as it was prior to the excavation. The deposit
will be retained by the Chief Financial Officer for a period of two
years from the date of the excavation and pavement repairs are inspected
and approved. For any opening over 20 square feet, performance guaranties
shall be based at the rate of $25 per square foot of excavation for
the intended work. The entire repair deposit will be returned upon
the determination that the permittee has performed the work in conformity
with this chapter. The Borough may use any and all of such deposit
to pay the cost of inspection and work the Borough performs to restore
or maintain the street as herein provided, in the event the permittee
fails to adequately perform such work, or their refusal to correct
or modify a deficient condition, in which event the amount refunded
to the permittee shall be reduced by the amount thus expended by the
Borough.
The applicant must provide a certificate of insurance to the
Municipal Clerk indicating liability of not less than $300,000 for
any one person, $1,000,000 for any one accident, and property damage
of not less than $500,000. The Borough of Atlantic Highlands shall
be named as the additionally insured. In cases where the character
or nature of the proposed excavation work are such as to present an
unusual hazard or a higher-than-normal risk of damage or injury, the
Borough Council may require increased amounts of liability and property
damage insurance. The applicant, upon securing said permit, agrees
that the Borough of Atlantic Highlands, will be held harmless from
any and all claims of any nature arising out of the construction/excavation
of any road and street opening work covered by said permit. The Borough
of Atlantic Highlands, in issuing said permit, shall not assume liability
in connection therewith. In the event of any suit or claim be filed
against the Borough by reason of the negligence or default of the
permittee, or for any other reason directly or indirectly attributable
to the permittee's work, upon the Borough giving written notice
to the permittee of such suit or claim, any final judgment against
the Borough requiring it to pay for such damage shall be conclusive
upon the permittee, and the permittee shall be liable for the Borough's
costs in connection with such suit.
A.
It is the expressed desire of the Borough to limit roadway disturbance
to the greatest extent possible and to complete all restorations in
such a manner as to provide for a stable and safe roadway, sidewalk,
and shoulder or lawn area, acceptable to the Borough and to the reasonable
satisfaction of the adjacent property owners. In order to avoid unnecessary
roadway pavement, sidewalk, shoulder area or disturbance to existing
municipal utilities and service lines, the use of directional drill,
borings, blowpipe or other acceptable means of utility installation
shall be employed wherever possible.
B.
All openings must be backfilled immediately and temporary restoration
completed unless otherwise approved to provide for safe passage, and
in accordance with applicable restoration standards of this chapter
or as directed by the Director of Public Works, Supervisor of Streets,
Borough Administrator, Borough Engineer or the Atlantic Highlands
Police Department.
(1)
All excavations less than 100 square feet shall be repaired using
infrared thermal bond seamless bituminous pavement patching. If, in
the opinion of the Director of Public Works, Supervisor of Streets,
Borough Administrator or Borough Engineer, the condition of the existing
road surface does not warrant infrared repair, this requirement may
be waived.
(2)
The permittee shall be required to replace any facilities, including,
but not limited to, curb, pavement, sidewalk, line striping, etc.,
that are affected by the excavation and restoration work.
(3)
Prior to surface restoration, all trenches shall be backfilled by
depositing therein, dense graded aggregate, crushed concrete, or other
suitable fill material in layers of not more than eight inches in
depth; each layer thoroughly mechanically compacted to a minimum 90%
modified proctor density, and, if required by the Director of Public
Works, Supervisor of Streets, Borough Administrator or Borough Engineer,
flushed with water.
(4)
Whenever an opening is made in a pavement that has a concrete base,
the new concrete pavement or foundation shall be made three inches
thicker than the original concrete, and a minimum of eight inches.
New concrete shall be NJDOT Class B, 4,500 psi and shall be reinforced
with three-eighths-inch-round reinforcing steel rods spaced six inches
on center or equivalent thereof. In addition, the new concrete pavement
or foundation shall be doweled into the surrounding concrete using
No. 4 reinforcing steel rods drilled and set a minimum of six inches
into the existing concrete on twelve-inch centers and protruding a
minimum of 12 inches into the newly poured concrete base.
(5)
All pavement surfaces shall be replaced in accordance with the Borough's
specifications governing new construction of such pavements. Said
finished pavement surface layers shall conform to the following materials
and minimum thicknesses:
(6)
Following the completion of the work for which the permit is issued,
the following procedure for permanent surface restoration shall be
strictly adhered to:
(a)
Following proper compaction, the permittee shall install no
less than six inches of dense graded aggregate-sub-base course followed
by:
[1]
Major and minor collectors (through streets), eight inches of
bituminous stabilized base course to a height, even with the surface
of the existing pavement.
[2]
Local roads (interior subdivision streets), six inches of bituminous
stabilized base course to a height, even with the surface of the existing
pavement.
(b)
If the distance from the edge of the excavation work area to
the existing curb or roadway edge is less than two feet, the permittee
shall be required to excavate to the curb and evenly install six inches
of dense graded aggregate followed by eight inches of bituminous stabilized
base course in the entire area.
(c)
The partially restored pavement shall be allowed to settle for
no less than 90 days and no more than 180 days. It shall be the responsibility
of the permittee to monitor and maintain the trench to ensure that
a depression does not develop. If, at any time during the settlement
period, the trench becomes unacceptable in the view of the Director
of Public Works, Supervisor of Streets, Borough Administrator or Borough
Engineer, the permittee shall be notified of the condition requiring
repair, and such repair shall be performed by the permittee within
24 hours of such notification. In the absence of such repair, the
Borough reserves the right to use bond fees to repair said trench.
(d)
Following the period of settlement, the permittee shall be required
to mill the excavation work area surface as specified in Subsection
E above and install no less than two inches of hot mix asphalt 19M64
surface course. The permittee shall also be required to provide a
tack coat on all existing bituminous concrete surfaces and hot-poured
rubber asphalt joint sealer per Section 908 of the NJDOT Standard
Specifications for Road and Bridge Construction.
(7)
After backfill, the trench will be inspected by the Director of Public
Works, Supervisor of Streets or his/her duly authorized representative.
The entire width of roadway, from curb to curb, will be restored unless
otherwise directed. In the event that the roadway has been resurfaced
by the Borough during the previous five years, the Borough shall require
full lane width or full roadway width restoration for a distance of
10 feet on each side of the roadway opening unless otherwise approved
by the Mayor and Borough Council.
[Amended 9-12-2018 by Ord. No.
10-2018]
(8)
All saw cut edges of the existing bituminous surface shall be tact
coated and sealed to form a water tight flexible seal between the
two roadway surfaces.
(9)
In the case of a trench or opening in the grass shoulder, the applicant
shall restore the top four inches of the trench with material capable
of supporting the growth of grass and shall fertilize and seed said
surface to provide a stable stand of grass satisfactory to the affected
property owner and Borough Administrator.
(10)
Whenever required by the Borough Engineer or the Planning Board,
requests for service lateral installations which require crossing
the existing paved surface shall be performed utilizing a driven,
board or other approved methodology for completion of pipe installation
under the paved portion of the road or street without disturbing the
surface.
(11)
Road openings and/or trenches involving unusual or special conditions
shall be restored in accordance with and pursuant to the direction
of the Borough Engineer, Director of Public Works, Supervisor of Streets
or his/her duly authorized representative.
(12)
After the completion of final restoration work, the applicant
shall request an inspection by the Director of Public Works, Supervisor
of Streets or his/her duly authorized representative, at which time
it will determine whether the road restoration was completed in a
satisfactory manner or will require additional road restoration. Repair
deposits will be held until a subsequent inspection is made by the
Director of Public Works, Supervisor of Streets or his/her duly authorized
representative, after two years of completion of the permanent roadway,
shoulder, sidewalk or lawn restoration. At that time, the Director
of Public Works, Supervisor of Streets or his/her duly authorized
representative may require additional road restoration to be completed
by the applicant prior to release of the repair deposits, or shall
request the Municipal Clerk to authorize the release of any remaining
escrow fees, project, performance, maintenance bonds, and other surety
to the applicant if said restoration is deemed satisfactory. The onus
of requesting inspections and release of escrow fees remains on the
applicant.
(13)
Upon completion of the utility, roadway, storm sewer pipe and
stormwater storage/recharge system, the Design Engineer shall provide
an as-built plan and certification of the proposed improvements as
applicable.
A.
There shall be established a period of 60 months from the date of
completion and acceptance of any roadway reconstructed and funded
through the use of NJDOT municipal aid or discretionary aid programs.
The only exception shall be in the case of an emergency which threatens
the health, safety and welfare of the citizens of the Borough of Atlantic
Highlands.
B.
There shall be established a period of 60 months from the date of
completion and acceptance of a newly paved, constructed or reconstructed
roadway associated with a municipal utility extension, repair, or
replacement, except in the following cases:
(1)
New home, commercial or industrial construction on a previously vacant
parcel of land, subject to the review and approval by the Atlantic
Highlands Planning Board or Borough Council.
(2)
In the case of an emergency which would threaten the health, safety
and welfare of the citizens of the Borough of Atlantic Highlands.
C.
Should an exception or emergency opening and restoration request
be granted during the stipulated moratorium period, the restoration
requirements, as stated above, shall apply along with the following
stipulations:
(1)
All excavations performed within a roadway that has been constructed
and/or resurfaced in the last five years shall be repaired using infrared
thermal bond seamless bituminous pavement patching.
D.
A twenty-four-month maintenance warranty and guaranty shall apply
after permanent pavement restoration has been satisfactorily completed.
Should settlement of the restored pavement area occur within a two-year
period from the date of permanent pavement restoration, the contractor
shall be required to mill and/or excavate and repair the area to the
satisfaction of the Borough Engineer and Borough Administrator, consistent
with the provisions of this chapter or as directed by the Engineer.
See also Borough Code § 150-71, Sidewalks and curb ramps.
A.
The primary function of concrete curbs and sidewalks shall be to
provide for safe pedestrian movement throughout various parts of the
Borough.
B.
All sidewalks in the Borough of Atlantic Highlands shall be re-laid,
repaved and kept in repair at the cost and expense of the owner or
owners of lands in front of which the same shall be located.
C.
Concrete sidewalks and curb ramps shall be four inches thick, except
across the width of proposed driveways where the concrete sidewalk
shall be constructed six inches thick, with No. 6 wire mesh welded
six by six. Sidewalk repair and upkeep is the responsibility of the
property owner.
D.
Concrete shall have a strength of 4,500 psi at 28 days air entrained
conforming to ASTM A-497.
E.
Joint sealer shall be installed every 16 feet with dummy joints every
four feet. All sidewalks in the Borough of Atlantic Highlands shall
be re-laid, repaved and kept in repair at the cost and expense of
the owner or owners of lands in front of which the same shall be located.
Permit fee may be waived in the case of: installation or repair
of sidewalk by, or one acting for, the owner of real property; or
installation of new public improvements by a subdivide or side developer
in accordance with approved plans, without the cost to the Borough.
The following measures shall be taken to ensure the safety and
protection of the traveling public: The permittee shall place, at
the work area closed to traffic, barricades, drums, cones, signage
or similar warning structures which must be used along the right-of-way.
The permittee shall construct and maintain adequate and safe crossings
over or around sidewalk areas which are under construction or improvement,
to accommodate pedestrian traffic.
The applicant must provide a certificate of insurance to the
Municipal Clerk indicating liability of not less than $300,000 for
any one person, $1,000,000 for any one accident, and property damage
of not less than $500,000. The Borough of Atlantic Highlands shall
be named as the additionally insured. In cases where the character
or nature of the proposed excavation work are such as to present an
unusual hazard or a higher than normal risk of damage or injury, the
Borough Council may require increased amounts of liability and property
damage insurance. The applicant, upon securing said permit, agrees
that the Borough of Atlantic Highlands will be held harmless from
any and all claims of any nature arising out of the construction/excavation
of any road and street opening work covered by said permit. The Borough
of Atlantic Highlands, in issuing said permit, shall not assume liability
in connection therewith. In the event that any suit or claim be filed
against the Borough by reason of the negligence or default of the
permittee, or for any other reason directly or indirectly attributable
to the permittee's work, upon the Borough giving written notice
to the permittee of such suit or claim, any final judgment against
the Borough requiring it to pay for such damage shall be conclusive
upon the permittee, and the permittee shall be liable for the Borough's
costs in connection with such suit.
A.
For the violation of the provisions herein contained, the permit
may be revoked and the excavation or opening may be filled by the
Borough of Atlantic Highlands and the street restored at the cost
and expense of the permittee.
B.
Any person, contractor or utility who commits a violation of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
the amount authorized in N.J.S.A. 40:49-5, a term of imprisonment
not exceeding the term authorized in N.J.S.A. 40:49-5 or a period
of community service not exceeding the period authorized in N.J.S.A.
40:49-5, or any combination thereof.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
