Egg Harbor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 6-11-1981 by Ord. No. 9-1981; amended in its entirety 4-14-2005 by Ord. No. 16-2005]
This article is to be known as the "City of Egg Harbor City Street Opening and Excavation Ordinance."
As used in this article, the following terms shall have the meanings indicated:
EMERGENCY OPENING
An urgent and immediate opening and repair operation required to protect the health, safety and welfare of the general public from the immediate hazards posed by a broken or leaking main, an eroded and undermined structure, damaged utilities, or other similar circumstances involving sudden and unforeseen hazard on a public street.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other similar security acceptable to the City 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 and to assure that any subsequent necessary repairs are accomplished as directed by the City Engineer.
It shall be unlawful to dig, excavate, open, or in any manner interfere with or disturb within the right-of-way of any municipal street within the City of Egg Harbor for any purpose whatsoever without first securing a permit therefore as hereinafter provided.
A. 
Application for permission to make any street opening between the curblines, driveways, or in any sidewalk area shall be made to the City Engineer. Such application shall be made on the required application form and shall be signed by the applicant and shall specify:
(1) 
The applicant's name, address, and phone number (local and out-of-town).
(2) 
The name, address, and phone number of the person or firm who will be performing the work.
(3) 
The length and width of such excavation.
(4) 
The purpose for which the excavation is to be made.
(5) 
The estimated time required to complete the work and restore the surface.
(6) 
Such other information as may be prescribed by the City Engineer. (See § 235-19.)
B. 
A fee of $350 shall be paid to the City Clerk, c/o the City Engineer, prior to the issuance of the permit for all excavations of less than or equal to six square yards. If said area to be opened, disturbed, or undermined exceeds six square yards, the additional yardage shall be classified as "excess yardage," and an additional fee shall be due and payable by the applicant for all yardage in excess of six square yards at a rate of $10 per square yard.
C. 
The area to be opened, disturbed, or undermined by the applicant shall be measured and determined by the Office of the City Engineer.
D. 
The construction of any sidewalk and driveway apron that does not disturb or open the existing paved surface within the right-of-way of any municipal street in Egg Harbor City shall be subject to a fee of $350. The square footage of sidewalk or driveway apron to be constructed shall have no bearing on the fee.
No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period of five years after the completion of said construction, reconstruction or overlay, except in the event of an emergency or hardship as described below. The five-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter.
A. 
Emergency opening. In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, said emergency opening shall be reviewed by the City Engineer, and if the said City Engineer shall determine that no such emergency existed, then the entity so opening the street and/or roadway shall have a fine imposed upon such entity in the amount of $1,000 for the first nonemergency opening, a fine of $5,000 for a second nonemergency opening, and a fine of $10,000 for a third nonemergency opening.
B. 
Hardship condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to Subsection A above, the City of Egg Harbor City may grant relief if all of the following conditions are met:
(1) 
A letter addressed to the City, c/o City Clerk, is received detailing the hardship and necessity of opening the street in lieu of waiting the prescribed period of time.
(2) 
Upon receipt of the letter, a public meeting date will be set for the City to take formal action.
(3) 
The property owner making the request shall serve a notice to all property owners within 200 feet, by certified mail, return receipt requested, or by personal hand delivery, a minimum of 10 days prior to the public meeting.
(4) 
The property owner shall file a copy of the notice served to adjoining property owners with an affidavit of proof of delivery of notice with the City Clerk at least three days prior to the public meeting. The notice must:
(a) 
Identify the property by street address and block and lot.
(b) 
State the reason for the hardship.
(c) 
State the type and size of the utility opening.
(d) 
Advise the adjoining property owners that if they have any objections, they must advise the City Clerk, in writing, as to their objections to proposed street opening at least three days in advance of the public meeting.
(e) 
State date and time of public meeting.
(f) 
Be approved by the City Clerk prior to mailing.
(5) 
The City shall consider the request at a public meeting and review all objections received, in writing. Approval or denial of the request shall be through formal adoption of a resolution.
(6) 
A request which included the extension of a utility main shall not be considered and will be automatically denied.
(7) 
A request based solely on economic savings shall not be considered and will be automatically denied.
C. 
Roadway restoration.
(1) 
In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the City during the previous five years, a full width restoration will be required. The restoration will consist of six-inch dense graded aggregate base course, and a six-inch bituminous stabilized base course, Mix I-2, brought to existing grade, within the excavated area. A full width, curb-to-curb, milling two inches in depth to extend 20 feet beyond the limit of excavations will be performed after proper settlement in the trench area. The allowable time for the settlement shall be 45 days unless otherwise directed by the City Engineer. The final surface course shall be a two-inch bituminous concrete surface course, Mix I-5. (See detail at end of chapter.[1])
[1]
Editor's Note: Said detail is on file and available from the City Engineer or City Clerk.
(2) 
Trench restoration may be permitted under special circumstances and at the option of the City of Egg Harbor City and City Engineer for openings having a minimum impact on the longevity and serviceability of the street in question (See detail at end of chapter.[2])
[2]
Editor's Note: Said detail is on file and available from the City Engineer or City Clerk.
(3) 
In the event that an emergency requires the opening of a roadway, the entity shall first notify the Egg Harbor City Police Department of the location and cause of the emergency prior to commencing any work.
A. 
The Engineer, upon receipt and examination of the application and the fee referred to hereinabove, shall issue a permit under his or her hand for the excavation. He or she shall specify on the permit that it is good for a ninety-day period from the date of issuance. He or she shall further specify on the permit that such work shall be completed and the road or sidewalk surface restored within 48 hours after the work is commenced or within a duration of time which in his or her opinion is reasonable and fair. The applicant shall notify the Engineer 24 hours before the commencement of any work so that appropriate inspections can be made where required.
B. 
Note that all work authorized by the issued permit shall be performed between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, unless the permittee obtains written consent from the City Engineer to do the work at an earlier or later hour. Such permission shall be granted only in case of emergency.
C. 
Each permit issued under the provisions of this article shall contain a statement that the opening or excavation must be adequately guarded to prevent damage to life or property until the opening or excavation is filled in an approved manner.
In granting any permit, the City Engineer may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but are not limited to:
A. 
Limitations on the period of the year in which the work may be performed.
B. 
Restrictions as to the size and type of equipment.
C. 
Designation of routes upon which materials may be transported.
D. 
The place and manner of disposal of excavated materials.
E. 
Requirements as to the laying of dust, the cleaning of streets, and other things offensive or injurious to the neighborhood, the general public, or any portion thereof.
F. 
Regulations as to the use of streets in the course of the work.
Work for which a permit has been issued shall commence within 90 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
A. 
Every permit shall expire at the end of the period of time which shall be set out in the permit.
B. 
If the permittee shall be unable to complete the work within the specified time, he or she shall, prior to the expiration of the permit, present, in writing, to the City Clerk and approved by the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the City Engineer, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
C. 
Permits are not transferable from one person to another, and the work shall not be done in any place other than the location specifically designated in the permit.
A. 
Any permit may be revoked by the City Engineer after notice to the permittee for:
(1) 
A violation of any condition of the permit or of any provision of this article.
(2) 
A violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of three days from the date of the notice to correct the violation and to proceed with diligent prosecution of the work authorized by the permit before said permit is revoked.
B. 
Written notice of any such violation or condition shall be served upon the permittee or his or her agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified United States mail addressed to the person to be notified.
C. 
When any permit has been revoked and the work authorized by the permit has not been completed, the City Engineer shall cause such work as may be necessary to restore the street, or part thereof, to as good a condition as before the opening was made. All expenses incurred by the City shall be recovered from the permittee and from the bond the permittee has made or filed with the City.
A. 
When the excavation involves passing the center line of the roadway, no opening or excavation in any street shall extend beyond the center line of the street until the previously opened section has been backfilled and the surface of the street temporarily restored in a safe and acceptable condition. No more than 250 feet measured longitudinally shall be opened in any street at any one time, except by specific approval of the City Council. No person to whom a permit has been issued under the provisions of this article shall disturb more pavement than the permit provides for without first applying for and receiving permission to do so.
B. 
All pavement cuts, openings, and excavations shall be properly made, backfilled, and temporarily surfaced by the permittee according to the requirements of this article and the instructions of the City Engineer. Cuts in existing paving shall be done in straight lines with no jagged edges permitted.
C. 
In no case shall any opening made by a permittee be considered in the charge or care of the City or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the public power when it is necessary to protect life and property.
D. 
Permanent restoration of the street shall be made by the permittee in strict accordance with the requirements of this article and the instructions of the City Engineer to restore the street to its original and proper condition, or as near as may be. Acceptance or approval of any excavation work by the City Engineer shall not prevent the City from asserting a claim against the permittee and his/her/its surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of his or her responsibilities hereunder.
E. 
When any earth, gravel, or other excavated material is cause to roll, flow, or wash upon any street, the permittee shall cause the same to be removed from the street within eight hours after deposit. In the event that the earth, gravel, or other excavated material so deposited is not removed, the City Engineer shall cause such removal, and the cost incurred shall be paid by the permittee prior to the release of the performance bond.
F. 
The applicant to whom such permit is issued shall, within the time limited in such permit, replace the earth and pavement in the excavation in such a manner that the same shall be left in as good a condition as it was before the excavation was commenced. Except as otherwise herein stated, all street work performed shall be in accordance with the applicable provisions of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction — 2001 and as amended. References to articles or sections hereinafter refer to said state highway specifications.
(1) 
Trenches shall be backfilled in layers not to exceed six inches and a vibratory tamper must be used. Compactions of 95% shall be required. Puddling of backfill is strictly prohibited. Should there be a deficiency; additional backfill material shall be supplied by the permittee. Whenever the City Engineer shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
(2) 
Roadways with a concrete base shall be restored using a combination of concrete and asphalt. The amount of concrete and asphalt to be used at each such excavation shall be as directed by the City Engineer. See detail at the end of this article.[1]
[1]
Editor's Note: Said detail is on file and available from the City Engineer or City Clerk.
(3) 
Bituminous concrete street restoration specifications.
(a) 
Gravel. Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate, Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the New Jersey Department of Transportation (NJDOT) requirements for I-5 materials. The City Engineer may, at his or her own discretion, submit samples of the soil aggregate for a gradation analysis, with the cost of said analysis to be borne by the applicant.
(b) 
Temporary restoration.
[1] 
Asphalt roadways: less than 150 square feet.
[a] 
For openings in asphalt roadways that are less than 150 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level of six inches below the level of the adjacent paved surfaces. A four inch lift of stabilized base course, Mix I-2, followed by a two inch lift of bituminous concrete cold patch installed to grade.
[b] 
These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed, which shall be completed within not more than 90 days from the date of the opening.
[2] 
Asphalt roadways: greater than 150 square feet.
[a] 
For openings in asphalt roadways that are greater than 150 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level of six inches below the level of the adjacent base course. Mix I-2, shall then be installed to grade.
[b] 
These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed, which shall be completed within not more than 90 days from the date of opening.
(c) 
Final restoration.
[1] 
Asphalt roadways: less than 150 square feet.
[a] 
For openings less than 150 square feet, the final restoration will involve the removal of the top two inches of bituminous concrete cold patch. All edges shall be saw cut six inches beyond the actual trench width disturbed to produce a clean edge, and said edges shall be prepared with an asphaltic tack coat. A two-inch lift of bituminous concrete surface course, Mix I-5, shall then be placed to a level even with the existing road grade.
[b] 
Greater than 150 square feet. For openings greater than 150 square feet, the trenches shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of bituminous concrete surface course, Mix 1-5, being placed to a level even with the existing road grade.
(d) 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the City Engineer.
(e) 
If more than three individual excavations would be required within a fifty-foot length, a single trench must be used rather than the individual excavations. Final restoration will require a minimum of 1/2 width of the cartway. The trench shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench limit from the centerline of the cartway to the curbline. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of bituminous concrete surface course, Mix I-5, being placed to a level even with the existing road grade.
(f) 
In all cases where concrete has to be removed prior to any excavation, saw-cut methods of removal shall be used. The restoration of the concrete shall be according to the following specifications:
[1] 
It shall be NJDOT Class B concrete.
[2] 
It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
[3] 
It shall have a minimum width of not less than five feet for sidewalks unless otherwise directed by the City Engineer.
[4] 
It shall have control joints not more than five feet for sidewalk, 10 feet for curb and gutter and expansion joints not more than 20 feet for sidewalk, curb and gutter.
(g) 
By the acceptance of such a permit, the applicant shall be deemed to have agreed to comply with the terms hereof, and upon his failure to do so to pay on demand any cost or expense that the City may incur by reason of any shrinkage or settlement in the excavated area resulting from such excavation if such shrinkage or settlement shall occur within three months from the time the surface thereof is restored.
Before any permit is issued for any work in a public street, certain performance and maintenance sureties are to be posted with the City Clerk.
A. 
Performance surety.
(1) 
The performance surety shall be in the form of either a corporate guaranty bond or a surety guaranty bond issued by a company authorized to do business in the State of New Jersey, in a form satisfactory to the City Clerk 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 Egg Harbor 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.
(2) 
In lieu of the above-mentioned performance surety, public utility companies, or authorities may post an annual performance surety for $10,000 or for an increased amount determined by the City Engineer. The City Solicitor shall approve the form of surety.
B. 
Maintenance surety.
(1) 
In addition to the posting of a performance surety, and as a condition to the release of same, the City of Egg Harbor may, at its discretion, require the applicant to post a maintenance surety in the form of either 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 15% of the performance surety. A certified check, drawn in favor of the City of Egg Harbor, for the same percentage (15% of the performance surety) may be substituted for the maintenance surety.
(2) 
Public utility companies or authorities posting and continually maintaining a performance surety in accordance with this section will not be required to post a separate maintenance surety.
(3) 
The applicant shall be responsible for all maintenance and repairs required at the site for a period of one-year following completion of construction.
A. 
All contractors and their employees doing work for an applicant are required to be covered by a policy or policies of liability insurance. Said insurance shall provide coverage for public liability of at least $100,000 per person per occurrence, $300,000 per occurrence for bodily injury liability, and at least $50,000 per occurrence for property damage.
B. 
A certificate of insurance that confirms the aforementioned coverage shall be submitted to the City Engineer whenever a performance surety is posted.
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 fire-fighting equipment shall be kept free of piles of material or other obstructions.
The following measures shall be taken to protect the public and ensure their safety:
A. 
When it is necessary to leave an opening unfinished overnight or for an extended period of time, the applicant shall be required to place barricades with lights at and along the opening. The barricades or protection devices shall identify the name of the applicant and a telephone number by which the applicant can be reached. The applicant shall be required to notify the City Police Department when an opening is to remain unfinished.
B. 
The number and placement of the barricades or protection devices shall conform to the recommended standards as noted in the Manual on Uniform Traffic Control Devices for Streets and Highways, as published by the United States Department of Transportation, Federal Highway Administration, latest edition, as amended. All methods of protection shall require flashing devices.
C. 
All applicants shall be required to contact the New Jersey One Call Utility Opening Service, at 1-800-272-1000.
D. 
The permittee shall erect and maintain suitable timber barriers to confine the earth from trenches or other excavations so as to encroach upon highways as little as possible.
E. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to vehicular and pedestrian traffic at all street intersections.
(1) 
Vehicular crossings shall be constructed and maintained of plant timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples.
(2) 
Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing, as required by the City Engineer.
F. 
No person shall willfully move, remove, inure, destroy, or extinguish any barrier, warning light, sign, or notice erected, placed, or posted in accordance with the provisions of this article.
G. 
Access to private driveways shall be provided, except during working hours when construction operations prohibit provisions of such access. Residents shall be notified by the permittee at least 12 hours before the start of operation requiring the closing of the normal access or accesses to property.
H. 
Excavated materials shall be laid completely along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate dirt or dust nuisance, the City Engineer may require the permittee to provide toe boards or bins. If the street is not wide enough to hold excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least 1/2 the sidewalk width open along such sidewalk line.
A. 
The City shall not be responsible for any injury or damage to persons or property resulting from the negligence of the applicant or his servants, agents, or employees in making, grading, filling any excavation permitted under the terms of this article,
B. 
This article shall not be constructed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured in the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
A. 
All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary, and all utility companies shall be notified by the permittee at least three working days before work is started.
B. 
Pipe drains, pipe culverts or all other facilities encountered shall be protected adequately by the permittee
C. 
Any person whose facilities are damaged by the permittee may make necessary repairs and file a claim against the permittee with the City for the fair and proper costs of such repairs. The City Engineer shall not authorize the release of the performance bond until the claim has been resolved. In the event of damage, responsibility for repair or replacement shall be assumed by the permittee.
Monuments of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey benchmark within the City, shall not be removed or disturbed or caused to be removed unless permission to do so is first obtained, in writing, from the City Engineer. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the City Engineer. No person shall divert or discharge water into, upon, or across any street, avenue, road, highway, or sidewalk in the City so that a nuisance is created or a hazardous or dangerous condition is created or the pavement or road surface is damaged thereby.
Provisions of this article shall apply in those instances where the highway is maintained by the State of New Jersey, except where superseded by state law or regulations. The permittee shall notify the City Clerk, City Engineer and the Police Department 24 hours before any work is commenced. Said notice shall be in writing.
Where a county road is involved, an applicant shall apply for and secure a permit from Atlantic County. The City Clerk, City Engineer and Police Department shall be notified 24 hours before work is commenced. Said notice shall be in writing.
The provisions of this article shall not apply to public utility companies having contracts with the City or operating under special ordinances or statutes; nor to any person constructing sidewalks, pavement, or public sewers, or doing any work in or on any of the streets, avenues, roads, or highways under and in pursuance of a contract entered into between such person and this City, provided that these provisions or the equivalent are incorporated into any said contract, specification or requirements. In the event that these provisions or the equivalent are not incorporated into any said contract, specification or requirements, then the provisions of this article shall apply.
All excavating work shall be done in a manner conforming to the safety requirements of the New Jersey Department of Labor and any other applicable state and federal laws and regulations.
Every permit shall be granted subject to the right of the City or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof before the Judge of the Municipal Court, be subject to a fine not exceeding $ 1,000 or to imprisonment in the City or county jail for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Penalties for violating the emergency road opening provisions are contained in § 235-18A of the City Code.
Street openings and excavations performed by the City of Egg Harbor or agents of the City of Egg Harbor are exempt from the provisions of this article.