[Adopted 4-28-1988[2]]
For purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings herein given:
Any person making written application to the Borough and/or
Borough Engineer for an excavation permit.
An urgent opening and repair operation required to protect
the health, safety and welfare of the general public from the immediate
hazards posed by a broken and/or leaking facility, an eroded and undermined
structure or other similar instance involving a sudden and unforeseen
hazard.
A corporate bond, guaranty bond, or certified check or other
similar surety acceptable to the Borough Solicitor as a guaranty of
good faith performance of all maintenance and repair required at the
site.
A corporate bond, performance bond, certified check or other
similar security, acceptable to the Borough Solicitor, furnished by
the applicant as a guaranty of good faith in performing and completing
the work, as described in the application and permit documents, in
full compliance with the construction standards contained herein and
to assure that any subsequent necessary repairs are accomplished to
the satisfaction of the Borough Engineer.
Any person who has been granted, and has in full force and
effect, a permit issued hereunder.
Any person, firm, partnership, corporation, company or organization
of any kind.
The entire width between property lines of any way open to
the use of the public by right.
The provisions of this ordinance shall apply to all streets
or roads now in use or hereafter dedicated for public use within the
limits of the Borough of Wenonah.
On or after the effective date of this ordinance, it shall be
unlawful, unless a specific street opening permit has been secured,
to:
A.
In order to apply for a permit to excavate as herein provided, a
person shall:
(1)
Submit to the Borough Clerk a written application for the issuance
of an excavation permit.
(2)
Upon the application, state name, address and telephone number, along
with any other information as required by the Borough Clerk and/or
Borough Engineer.
(3)
Attach a plan to the application clearly indicating the scope, extent
and details of the proposed work.
B.
A fee representing application and inspection expenses to be incurred
by the borough relative to any individual permit shall be presented
to the Borough Clerk with the application. The fee shall be in an
amount varying with the size of the road opening as follows:
[Amended 4-24-1997 by Ord. No. 97-4]
Before issuance of any permit, the following sureties are to
be provided to the Borough Clerk:
A.
A performance surety in a sum based upon an engineer's estimate,
prepared by the applicant, and approved as to quantities and costs
by the Borough Engineer. Sureties may be in the form of cash or performance
bonds, including corporate (blanket) bonds, in an amount approved
by the Borough Engineer to adequately guarantee the restoration of
any unrestored opening. Such surety to be in a form approved by the
Borough Solicitor.
B.
Maintenance surety. In addition to the posting of a performance surety,
and as a condition to the release of same, the permittee shall post
a maintenance surety. The amount of such surety shall be 10% of the
aforesaid engineer's estimate of project cost. The permittee shall
be responsible for all maintenance and repairs required at the site
for a period of one year following satisfactory completion and approval
of the work by the Borough Engineer.
Within 10 working days of the receipt of a properly completed
application and receipt of all fees and deposits herein described,
the borough may, at its discretion, issue a permit to excavate or
open any street surface located within its jurisdiction. The permit
shall state the name, address and telephone number; the location of
the work site; and the time period for which the permit shall be effective.
The time period may be extended by the Borough Engineer for reasonable
cause. The Borough Engineer has the authority to revoke any permit
at any time for reasonable cause.
The Borough of Wenonah reserves the right to deny issuance of
a street opening permit to any applicant who has received proper,
legal, prior notice that street improvement is to take place and giving
notice that street openings will not be permitted for a period of
up to five years following such improvement.
A.
Insurance. The permittee shall purchase and maintain, during the
life of the permit, such public liability and property damage insurance
as shall protect the Borough of Wenonah from claims for damages for
personal injury, including accidental death, as well as from claims
for property damage which may arise from operations under the permit,
whether such operations are conducted by the permittee, any subcontractor
of the permittee or anyone employed directly or indirectly by either
of them. The amounts of such insurance shall not be less than the
following:
(1)
Workmen's compensation: as required by all applicable federal, state
or other laws, including employers' liability, with a limit of at
least $100,000.
(2)
Comprehensive general liability:
|
Type
|
Amount
|
|---|---|
|
Personal injury
| |
|
Each person
|
$1,000,000
|
|
Each occurrence
|
$1,000,000
|
|
Property damage
| |
|
Each person
|
$250,000
|
|
Each occurrence
|
$250,000
|
(3)
Comprehensive automobile liability:
|
Type
|
Amount
|
|---|---|
|
Personal injury
| |
|
Each person
|
$1,000,000
|
|
Each occurrence
|
$1,000,000
|
|
Property damage
| |
|
Each occurrence
|
$100,000
|
(4)
Blanket catastrophe liability insurance: $5,000,000.
B.
Indemnification. The applicant, upon securing said permit, agrees
to hold the borough harmless from any and all claims of any nature
arising out of any work covered by said permit. The borough, in issuing
said permit, shall not assume liability in connection therewith. In
the event of any suit or claim against the borough by reason of the
negligence or default of the permittee of any nature, upon notification
by the borough 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 all borough
costs in connection with such suit or claim. The permittee shall also
be responsible for any and all legal fees and costs of suit incurred
as a result of any suit or claim and shall reimburse the borough for
all such costs within 30 days of receipt of a billing for same from
the borough.
A.
The provisions of this ordinance shall not apply to any persons engaged
in any construction activity authorized by, and under the administration
of, the borough.
B.
Upon review of a permit application by the Borough Engineer, the
borough may waive the permit process outlined in this ordinance when
the Borough Engineer deems it to be in the best interest of the Borough
to permit such waiver.
C.
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 endanger persons or
property, the owner of such sewer, main, conduit or other installation
shall immediately take all necessary steps to make the location safe
and secure. However, such owner shall apply for a permit within 10
days after such steps have been taken, and the necessary permanent
repairs to such location shall be made under the supervision of the
Borough Engineer, and subject to his/her approval, in accordance with
the terms of this ordinance.
A.
Permits shall become null and void unless work is commenced within
30 days of the issuance of the permit. An extension of time may be
granted by the Borough Engineer for reasonable cause.
B.
All excavations must be backfilled and temporarily restored at the
end of each workday and barricaded and/or covered utilizing methods
approved by the Borough Engineer, with final restoration to be completed
within 90 days of opening, unless otherwise directed by the Borough
Engineer.
A.
The permittee is responsible for contacting all public utility companies
to determine if any of their facilities are located in the vicinity
of the proposed excavation site and to comply with any statutes or
regulations pertaining thereto. The permittee has the additional responsibility
to notify affected utility companies and the Borough Engineer at least
three working days before starting construction.
B.
All permittees shall call the New Jersey Utility Opening Service
at 800/272-1000 to obtain necessary clearances before beginning excavation,
as well as other utilities not participating in the Utility Opening
Service. No work shall be commenced without the knowledge and approval
of the Borough Engineer and until all existing utilities have been
accurately located and clearly marked.
C.
All construction activities are to be conducted in full compliance
with applicable safety standards, including those of the Occupational
Safety and Health Act of the United States Department of Labor and
the New Jersey Department of Labor and Industry Construction Safety
Code.
D.
If it is necessary to leave an excavation open overnight or for an
extended period, the permittee shall place and maintain sufficient
lighted barricades at the site. He shall notify the Police Department
of the condition of the site and supply the name and telephone number
of a representative who may be reached at all times. Flame torches
or flashing lights must be provided in adequate quantity as required
by the Borough Engineer, who may require more warning lights at his
sole discretion. All traffic warning devices shall conform to the
New Jersey Department of Transportation Manual of Uniform Traffic
Control Devices requirements.
E.
The permittee shall provide, install and maintain suitable steel
or timber barriers if necessary by the condition of the site or if
required by the Borough Engineer.
F.
Pipes and equipment encountered during excavation shall be protected
and maintained in service. Any utility damaged or destroyed shall
be immediately repaired or replaced by the permittee at his or her
expense and to the satisfaction of the utility company and/or the
Borough Engineer.
A.
The permittee shall provide whatever measures are necessary to assure
that, during the performance of the permitted work, traffic will be
maintained as normally as possible. The Borough Engineer, at his discretion,
may permit the closing of streets to all traffic for more than eight
hours.
B.
The permittee shall keep all street excavations and related work
guarded at all times and disturb no greater area than is absolutely
necessary. The permittee shall route and control traffic, including
its own vehicles, as directed by appropriate borough authorities.
Before any street may be closed to traffic, the permittee shall receive
the approval of the Borough Engineer, who will communicate pertinent
information to other appropriate borough officials.
C.
Upon completion of the construction, the permittee shall notify the
Borough Engineer before traffic is returned to its normal flow so
that any necessary adjustments may be made.
D.
Where flagmen are deemed to be necessary by the Borough Engineer,
they shall be furnished by the permittee at its own expense. Traffic
shall be maintained without the aid of detours, if possible, and if
not, the Borough Engineer shall designate and/or approve detour routes.
E.
The permitted work shall be conducted so as not to interfere with
access to fire or emergency stations and fire hydrants. Materials
or other objects shall not be placed within 15 feet of fire hydrants.
A.
Pavement cutting shall be by pneumatic hammer, mechanical paving
cutters, saws or other methods approved by the Borough Engineer.
B.
Trench excavations shall be by open cut from the surface, properly
braced if necessary. Changes to this procedure must be approved in
writing by the Borough Engineer.
C.
The length of trench and area of surface to be disturbed or unrestored
at any one time shall be controlled by the Borough Engineer, with
regard given both to expeditious construction completion and to the
convenience and comfort of the persons residing in the neighborhood
or frequenting the streets involved in the construction.
D.
The method of filling and compacting excavations shall be established
to the satisfaction of the Borough Engineer, depending on the size
of the opening and the quality and suitability of the excavated material
encountered at the site for filling/backfilling purposes. Methods
are not necessarily limited to the methods described below:
(1)
The trench or other excavation shall be carefully filled with suitable
material. No rock or frozen earth shall be put in the excavation.
Clean, select fill shall reach at least two feet above the top of
the utility. Fill material shall be compacted as follows:
(a)
By approved vibratory soil compactors if the fill material is
predominantly sand, or sand and gravel, but contains more than 12%
by weight of material that will pass the 200-mesh sieve. Approved
flat-faced mechanical tampers may be substituted for the vibratory
soil compactors where special conditions make the use of vibratory
compactors impractical, at the discretion and/or determination of
the Borough Engineer.
(b)
By approved vibratory soil compactors or puddling if the material
is predominantly sand, or sand and gravel, and contains not more than
12% by weight of material that will pass the 200-mesh sieve. Approved
flat-faced mechanical tampers may be substituted for the vibratory
soil compactors where special conditions make the use of vibratory
compactors impractical, as determined by the Borough Engineer.
(c)
By approved flat-faced mechanical tampers if the fill material
is not predominantly sand, or sand and gravel.
(d)
Fill around inlets, manholes and other structures shall be compacted
by using flat-faced mechanical tampers.
(2)
Where mechanical tampers or vibratory soil compactors are used in accordance with the foregoing provisions, fill shall be placed in layers not more than six inches thick and compacted to not less than 98% of maximum density with a moisture content of 10%. Where excavations are puddled in accordance with the foregoing provisions, the fill shall be placed in successive lifts not more than four feet thick, and each lift shall be thoroughly puddled before the next lift is placed. The application of water shall be continuous until puddling of each lift is evidenced by a constant head without further addition of water. If more than a twelve-inch depth remains unfilled after the final puddling, the remaining fill shall be tamped or vibrated as specified in Subsection D(1)(a) and (b).
(3)
Rock or concrete pieces weighing more than five pounds shall not
be put in the excavation. All spaces between suitable pieces of rock/concrete
shall be thoroughly filled with earth by filling in alternate layers
of rock/concrete and earth.
(4)
All materials excavated, if suitable, shall be used for filling excavations.
All excavated material not used for fill shall remain the property
of the borough and shall be removed and stockpiled by the permittee
at the direction of the Borough Engineer.
(5)
The Borough Engineer reserves the right to require, at any time,
the performance of tests by a qualified testing laboratory to determine
whether or not the fill meets the requirements of the specifications.
The permittee shall be responsible for all costs of making the necessary
tests.
E.
All areas shall be kept neat and clean during construction, and all
debris shall be removed from the site at the permittee's expense.
All materials removed from the site shall be disposed of properly
and legally. No debris shall be left behind.
F.
Care of existing structures. Care shall be taken not to touch, move
or damage any sewers, drains, culverts, poles, water or gas pipes,
etc., or structures near them that may be encountered during construction.
They shall be securely hung, braced or supported in place by the permittee
at his/her own expense. All utility poles adjacent to the excavation
shall be braced and protected during construction. Whenever it is
necessary to interfere with any such structures, the permittee shall
maintain services at his/her own expense and repair any damage that
may occur. The permittee shall leave them in as good condition as
when found.
G.
Should dewatering be necessitated, either by the nature of the work
site or by order of the Borough Engineer, permittee shall provide
any and all equipment necessary for the purpose. Water removed from
the excavation shall be conveyed in an environmentally acceptable
and approved manner to a suitable point of discharge. If deemed necessary
by the Borough Engineer, such water is to be treated in a way that
will assure removal of silt and other foreign material prior to being
discharged into a gutter, storm sewer or receiving body of water.
H.
Road surface restoration.
(1)
Permanent restoration of the wearing course shall be of hot-mix materials,
and the street surface shall be restored to a condition acceptable
to the Borough Engineer. All seams and joints between new and old
paving and curb surfaces shall be sealed with a mop coat of cutback
asphalt.
(2)
During the months when hot-mix bituminous concrete is unavailable,
the trench or excavation shall be restored temporarily using at least
two inches of cold-mix bituminous concrete. The permittee shall, to
the satisfaction of the Borough Engineer, maintain the surface of
the excavation until permanent restoration materials are available.
(3)
Permanent restoration of the wearing course shall be a minimum of
two-inch-thick Mix I-5 (FABC). In no case shall the restored thickness
be less than the original pavement thickness. Where the original pavement
consists of a base (I-2, stabilized) and a surface course, the restored
area shall be equal to the original in construction and thickness.
(4)
Any deterioration or settlement in the permanent restoration which
occurs within a one-year period after completion and acceptance by
the Borough Engineer shall be repaired with FABC Mix I-5, hot-mix
bituminous concrete.
(5)
All road surface restoration shall conform to the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
1983.
Any person violating any of the provisions of this ordinance, except as provided in § 56-22 herein, shall, upon conviction in the Municipal Court of the Borough of Wenonah, be punished for such offense by a fine not to exceed $500 or by imprisonment for a term not to exceed 90 days in the county jail, or both. The Municipal Judge before whom any person is convicted of violation of this ordinance shall have the power to impose any fine or term of imprisonment, or both, not exceeding the maximums fixed in this ordinance.
Should any section, clause, sentence, phrase or provision of
this ordinance be declared unconstitutional or invalid by a court
of competent jurisdiction, such decision shall not affect the remaining
portions of this ordinance.
All prior ordinances or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.
This ordinance shall take effect immediately upon passage and
due publication according to law.
