City of Northfield, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 3-7-2006 by Ord. No. 2-2006 (Ch. 100, Art. I, of the 1974 Code)]

§ 330-10 Definitions.

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 instance involving a 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.
SMALL BUSINESS ESTABLISHMENT
A commercial enterprise with utility services similar in size and volume to those of an individual dwelling unit and which has a limited number of employees and customers on the site.
SPECIAL STREET OPENING
Applies to an individual dwelling unit or small business establishment installing, upgrading or replacing utility services and not involving the extension of a main.

§ 330-11 Applicability.

The provisions of this article shall apply to all streets now or hereinafter dedicated for public use.

§ 330-12 Permit required; applications.

[Amended 6-28-2011 by Ord. No. 4-2011]
A. 
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb the right-of-way of any municipal street within the City of Northfield for any purpose whatsoever without first securing a street opening permit. This shall include when a sidewalk is in the right-of-way.
B. 
In order to obtain a permit to open a sidewalk in the right-of-way of any street, the applicant must file a completed application form with the City of Northfield Zoning Office. Applications and permits for the excavating or opening of a sidewalk in a right-of-way will be issued by the City of Northfield Zoning Office.
C. 
In order to obtain a permit to open curbing or driveway apron, the applicant must file a completed application form with the City Engineer. Applications and permits for the excavating or opening of curbing or driveway apron will be issued by the City Engineer.
D. 
In order to obtain a permit to open any asphalt or other street surface, the applicant must file a completed application form with the City Engineer. Applications and permits for the excavating or opening of any asphalt or other street surface will be issued by the City Engineer.
E. 
The completed application form will also be examined by the City of Northfield Police Department, which will make all final determinations pertaining to traffic safety.

§ 330-13 Application information; fees.

[Amended 6-28-2011 by Ord. No. 4-2011]
A. 
Opening of sidewalk on the right-of-way of any street.
(1) 
Application for permission to make any opening of any sidewalk on the right-of-way of any street only shall be made to the City of Northfield Zoning Office. Such application shall be made on the required application form and shall be signed by the applicant and shall specify:
(a) 
The applicant's name, address and phone number (local and out of town).
(b) 
The name, address and phone number of the person or firm who or which will be performing the work.
(c) 
The length and width of such excavation.
(d) 
The purpose for which the excavation is to be made.
(e) 
The estimated time required to complete the work and restore the surface.
(f) 
Such other information as may be prescribed by the City of Northfield Zoning Office.
(2) 
A fee of $50 shall be paid to the City Clerk, c/o the City of Northfield Zoning Office, prior to the issuance of the permit only for the opening of any sidewalk on the right-of-way of any street.
(3) 
The area to be opened, disturbed or undermined by the applicant shall be reviewed by the City of Northfield Zoning Office.
(4) 
Inspection will be performed by the Zoning/Building Officer of the City of Northfield during regular business hours of the City of Northfield.
B. 
Opening of curbing and driveway apron.
(1) 
Application for permission to make any opening of a curbing or driveway apron 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:
(a) 
The applicant's name, address and phone number (local and out of town).
(b) 
The name, address and phone number of the person or firm who or which will be performing the work.
(c) 
The length and width of such excavation.
(d) 
The purpose for which the excavation is to be made.
(e) 
The estimated time required to complete the work and restore the surface.
(f) 
Such other information as may be prescribed by the City Engineer.
(2) 
A fee of $250 shall be paid to the City Clerk, c/o the City Engineer, prior to the issuance of the permit for the opening of any curbing or driveway apron. Of this $250, $125 is for the application fee and $125 is for the inspection fee.
(3) 
The area to be opened, disturbed or undermined by the applicant shall be reviewed by the City Engineer.
(4) 
Inspection will be performed by the City Engineer.
C. 
Opening of any asphalt or other street surface.
(1) 
Application for permission to open any asphalt or other street surface 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:
(a) 
The applicant's name, address and phone number (local and out of town).
(b) 
The name, address and phone number of the person or firm who or which will be performing the work.
(c) 
The length and width of such excavation.
(d) 
The purpose for which the excavation is to be made.
(e) 
The estimated time required to complete the work and restore the surface.
(f) 
Such other information as may be prescribed by the City Engineer.
(2) 
A fee of $500 shall be paid to the City Clerk, c/o the City Engineer, prior to the issuance of the permit for the opening of any asphalt or other street surface. Of this $500, $200 is for the application fee and $300 is for the inspection fee. 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 $15 per square yard.
[Amended 1-24-2017 by Ord. No. 1-2017]
(3) 
) The area to be opened, disturbed or undermined by the applicant shall be reviewed, measured, determined and inspected by the office of the City Engineer.
[Amended 1-24-2017 by Ord. No. 1-2017]
(4) 
Inspection is required for installation of new and replacement of existing underground utility mains (i.e., water, gas, cable, telephone, storm sewer, sanitary sewer, etc.). An inspection fee deposit shall be paid by the applicant to the City Clerk. The amount of the deposit shall be as determined by the City Engineer in accordance with the City Engineer's contract with the City of Northfield.
[Amended 1-24-2017 by Ord. No. 1-2017]
(5) 
Applications shall also be required for the installation of utility poles and related construction work within the street right of limits. Permit applications and accompanying sketches must be submitted for approval; the permit fee may be waived at the discretion of the City Engineer if the intended work is not adversely impacting upon the existing improvements.
[Added 1-24-2017 by Ord. No. 1-2017]

§ 330-14 Openings by public utilities; written notice required.

[Amended 6-28-2011 by Ord. No. 4-2011]
A. 
The utility shall give written notice, except in emergencies, to the City Engineer and the City of Northfield Zoning Office of all openings within the street rights-of-way which it desires to open. In the event of an emergency, oral notification is still required.
B. 
The City of Northfield Zoning Office shall issue a permit to open any sidewalks only in accordance with those conditions as outlined in § 330-13.
C. 
The City Engineer shall issue a permit to open any asphalt or other street surface or to open curbing and driveway apron in accordance with those conditions as outlined in § 330-13.

§ 330-15 Newly paved streets.

[Amended 4-24-2012 by Ord. No. 3-2012; 1-24-2017 by Ord. No. 1-2017]
No permit shall be issued for any street opening which would disturb the pavement of any road having been entirely constructed, reconstructed or overlaid by the City of Northfield or its agents or contractor(s) 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 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 $5,000 for the first nonemergency opening, a fine of $7,500 for a second nonemergency opening, and a fine of $10,000 for a third and any subsequent nonemergency openings.
B. 
Hardship condition. In the event that a property owner has a hardship condition which requires a street opening permit to be issued contrary to § 330-15A above, the City of Northfield, in its sole and absolute discretion, may grant relief if all of the following conditions are met:
(1) 
A letter addressed to the City, in care of the 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 the proposed street opening at least three days in advance of the public meeting.
(e) 
State the date and time of the 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]
(1) 
In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the City or its agents or contractor(s) 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.
(2) 
Trench restoration may be permitted under special circumstances, and at the option of the City of Northfield and the City Engineer for openings having a minimum impact on the longevity and serviceability of the street in question. See detail at end of chapter.
[1]
Editor's Note: The details referred to below are on file in the City offices.
D. 
Partial Restoration. In the event that an opening is required in a roadway that has been partially resurfaced by the City, its agents, contractors and/or other utility companies, then, in the sole and absolute discretion of the City, a minimal opening may be allowed, subject to the following:
(1) 
Full width restoration to a minimum of 30 feet on each side of the opening in compliance with the standards set forth in Subsection C(1) above.
(2) 
I an opening is needed in a newly paved intersection, the entire intersection must be restored as set forth in Subsection C(1) above. The limit of said restoration shall be in the sole and absolute discretion of the City, upon the advice and recommendation of the City Engineer.

§ 330-16 Streets paved between five years and eight years prior to proposed opening.

[Added 6-28-2011 by Ord. No. 4-2011]
A. 
Roadway restoration.
(1) 
Any street opening on a street that has been constructed, reconstructed, or overlaid between five years and eight years after the completion of said construction, reconstruction, or overlay will require a half-width paving from the center line to the curb on the side affected by the opening. The trench shall be repaved with six inches of gravel or similar subbase, four-inch stabilized base (HMA19M64) to the surface. The half width of the street shall then be milled 1 1/2 inches deep from the center line to the curbline a distance of 20 feet on either side of the opening edges. A one-and-one-half-inch surface course (HMA9.5M64) shall be machine-placed and rolled as per New Jersey Department of Transportation Standard Specifications for Roads and Bridges-2007, and as amended.
(2) 
At the opening crosses over the center line of the street, the above street repair shall be full-width restoration.
B. 
Calculation of five-year to eight-year period.
(1) 
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. The end date of this five-year period is the beginning date of the five-year to eight-year period articulated herein.
(2) 
The eight-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 eight years thereafter. The end date of this eight-year period is the end date of the five-year to eight-year period articulated herein.

§ 330-17 Issuance of permit.

[Amended 6-28-2011 by Ord. No. 4-2011]
A. 
Opening of sidewalk on the right-of-way of any street.
(1) 
The Zoning/Building Officer of the City of Northfield, upon receipt and examination of the application and the fee referred to hereinabove, shall issue a permit under his hand for the excavation of any sidewalk on the right-of-way of any street only. He shall specify on the permit that it is good for a thirty-day period from the date of issuance. He shall further specify on the permit that such work shall be completed and restored within 48 hours after work is commenced or within a duration of time which in his opinion is reasonable and fair.
(2) 
The applicant shall notify the City of Northfield Zoning Office 24 hours before the commencement of any work so that appropriate inspection can be made where required.
B. 
Opening of curbing and driveway apron; opening of any asphalt or other street surface.
(1) 
The City Engineer, upon receipt and examination of the application and the fee referred to hereinabove, shall issue a permit under his hand for the excavation. He shall specify on the permit that it is good for a thirty-day period from the date of issuance. He shall further specify on the permit that such work shall be completed and restored within 48 hours after work is commenced or within a duration of time which in his opinion is reasonable and fair.
(2) 
The applicant shall notify the City Engineer 24 hours before the commencement of any work so that appropriate inspection can be made where required.

§ 330-18 Restoration of excavated area.

A. 
The applicant to whom such permit is issued shall, within the time limit in such permit, replace the earth and pavement in the excavation in such 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-1989, and as amended. Reference 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. Ninety-five-percent compaction 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 end of chapter.[1]
[1]
Editor's Note: Said detail is on file in the City Offices.
(3) 
Bituminous concrete street restoration specifications shall be as follows:
(a) 
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 NJDOT requirements for I-5 materials. The City Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the costs of said analysis borne by the applicant.
(b) 
Temporary restoration.
[1] 
Less than 100 square feet. For openings in asphalt roadways that are less than 100 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 adjacent paved surfaces, and a four-inch lift of stabilized base course, Mix I-2, followed by a two-inch lift of a bituminous concrete cold patch installed to grade.
[2] 
Greater than 100 square feet. For openings in asphalt roadways that are greater than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level six inches below the level of the adjacent paved surfaces. A six-inch lift of stabilized base course, Mix I-2, shall then be installed to grade.
[3] 
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 occur, 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.
(c) 
Final restoration.
[1] 
Less than 100 square feet. For openings less than 100 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.
[2] 
Greater than 100 square feet. For openings greater than 100 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 I-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 center line of the cartway to the curbline. (See detail at end of chapter.[2]) 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.
[1] 
If an opening occurs in an area which does not have a pavement surface, the applicant is required to restore the given area with a minimum of eight inches of gravel.
[2] 
If an opening occurs in an area typically reserved for sidewalks, but has none at the time of the opening request, it is required to be restored with as called for in § 330-17A and also shall include an installation of four inches of topsoil with a finished application of sod or seeding.
[3] 
Two openings to be accomplished by the same utility that are within approximately 10 feet of one another will require a minimum of half-width restoration to the surface.
[4] 
Any opening crossing perpendicular to the center line of the road will require a full-width restoration to the surface for an additional width of two feet on each side of the disturbance. Any opening crossing nonperpendicular to the center line will require a full-width restoration to the surface from a point measured parallel with the center line two feet from the farthest point of disturbance.
[5] 
All exploratory holes shall be repaired as directed by the City Engineer.
[2]
Editor's Note: Said detail is on file in the City Offices.
(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 Class B with a design strength of 3,700 psi.
[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.
[4] 
It shall have control joints not more than five feet for sidewalk and 10 feet for curb and gutter, and expansion joints not more than 20 feet for sidewalk, curb and gutter.
B. 
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.

§ 330-19 Performance and maintenance surety.

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 Northfield 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 form of surety shall be approved by the City Solicitor.
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 Northfield 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 Northfield, 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.
C. 
The applicant shall be responsible for all maintenance and repairs required at the site for a period of one year following completion of construction.

§ 330-20 Insurance.

A. 
All applicants and their agents and employees are required to be covered by a policy or policies of liability insurance. Said insurance shall provide minimum single-limit coverage for all public liability and property damage in the amount of $1,000,000, and the policy of insurance shall further name the City of Northfield as an additional insured.
B. 
A certificate of insurance that confirms the aforementioned coverage and that specifically names the City of Northfield as an additional insured shall be submitted to the City Engineer whenever a performance surety is posted.
C. 
The applicant shall also save and hold harmless the City against any and all liability incurred by the City as a result of the negligence of the applicant, or its agents, servants or employees, in making, grading or filling in the excavation permitted under the terms of this article.

§ 330-21 Clearance for fire equipment.

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 debris, construction materials or other obstructions.

§ 330-22 Protection of traffic.

The following measures shall be taken to protect the public and ensure their safety:
A. 
When it is determined by the City of Northfield that it is necessary to leave an opening unfinished overnight or for an extended period of time, the applicant shall be required to place barricades 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.

§ 330-23 Liability and indemnification of City.

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 or filling any excavation permitted under the terms of this article. The applicant shall also save and hold harmless the City against any and all liability incurred by the City as a result of the negligence of the applicant, or its agents, servants or employees, in making, grading or filling in the excavation permitted under the terms of this article.

§ 330-24 Violations and penalties. [1]

Any person, firm or corporation violating any of the provisions of this article shall, upon conviction in the Municipal Court of the City of Northfield, be punished for each offense by one or more of the following: a fine not to exceed $2,000, or imprisonment for a term not exceeding 90 days in the county jail, or a period of community service not exceeding 90 days. The Municipal Judge before whom any person is convicted of a violation of this article shall have power to impose any fine or term of imprisonment, or both, not exceeding the maximum fixed in this article. Nothing in this section shall be construed to relieve an offender from the obligation to restore any street in accordance with the provisions of this article. The Court may hold the violator responsible for restitution to the City for any and all amounts expended by the City to restore any street left in an unrestored condition by any applicant.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 330-25 Exemptions.

Street openings and excavations performed by the City of Northfield or agents of the City of Northfield are exempt from the provisions of this article.