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AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE XXIX (STREETS AND SIDEWALKS) CHAPTER 5 (CONSTRUCTION AND STREET WORK ACTIVITIES; DISTURBANCES OF STREET SURFACES) SECTION 3 (REPLACEMENT OF SURFACES) OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO INCLUDE ADDITIONAL PROVISIONS FOR MILLING AND PAVING REQUIREMENTS FOR STREET SURFACE DISTURBANCE AND TRENCH RESTORATION.
Deferred 6PSF-a 120325
Deferred 6PSF-a 121725
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WHEREAS, the Municipal Council finds that it is desirable to supplement Title XXIX Section 29:5-3, Replacement of Surfaces, of the Revised General Ordinances of the City of Newark, New Jersey, 2000.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. Section 29:5-3, Replacement of Surfaces, of Title XXIX, Streets and Sidewalks, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, shall be replaced in its entirety as follows:
a. Whenever any pavement, sidewalk, curb, gutter, street surface or public property is broken up or displaced it shall be restored to its proper condition as soon thereafter as is practicable by the Construction Official, or, upon permission of the Construction Official, by the person who has broken up or displaced the same. Such restoration shall be performed under the rules and regulations established by the Director and in a manner which, upon completion, shall be satisfactory to the Director.
b. Except as provided in Subsection c of this Section, the milling and paving requirements for street surface disturbance and utility trench restoration shall be as follow:
1. Milling and paving, curb to curb, of the street shall be required if street surface disturbance or utility trenches are proposed on any street that has been paved within the last five years of the construction date. (City moratorium)
2. Milling and paving, entire width of the travel lane, of the street shall be required if street surface disturbance or utility trenches are proposed within the width of the travel lane under construction. Restoration should be ten feet on either side of the disturbance.
3. Milling and paving, curb to centerline, of the street shall be required if street surface disturbance or utility trenches are proposed extend beyond the width of the travel lane under construction. The centerline shall include milling and repaving to just before the edge of the arbitrary double yellow. The newly paved street pitch should be maintained to allow for sufficient runoff of the storm water. Restoration should be ten feet on either side of the disturbance.
4. Milling and paving, curb to curb, of the street shall be required if street surface disturbance or utility trenches are proposed to extend beyond one-half width of the street under construction. Restoration should be ten feet on either side of the disturbance.
c. Any City department other than the Department of Engineering which conducts road or utility work, including emergency repair, requiring restoration shall coordinate with the Director of Engineering or the manager of Traffic and Signals for said department to properly restore the street. Otherwise, the street must be restored in accordance with Subsections b1 through b4 of this Section.
d. In addition to any other penalty imposed by this Article, any person who fails to comply with the provisions of this Section shall be assessed a penalty to defray the City’s enforcement-related overhead costs. Said assessment shall be in the amount of ten percent (10%) of the full cost of restoring any pavement, sidewalk, curb, gutter, street surface or public property to its proper condition.
SECTION 2. Any ordinances or parts thereof inconsistent with this Ordinance are hereby repealed to the extent of their inconsistency only.
SECTION 3. If any part of this Ordinance shall be declared to be invalid or inoperative, such part shall be deemed severable and the invalidity thereof shall not affect remaining parts of this Ordinance.
SECTION 4. This Ordinance shall take effect upon final passage and publication and in accordance with the laws of the State of New Jersey.
SECTION 5. This Ordinance does not require approval by the Commissioner of Transportation.
SECTION 6. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends Section 29:5-3, Replacement of Surfaces, to include additional provisions for milling and paving requirements for street surface disturbance and trench restoration. Failure to comply will result in the cost of the restoration, as imposed by the City of Newark Department of Engineering restoration construction cost estimate plus a 10% administrative fee to cover the City’s overhead costs. Said penalty will be imposed to the entity performing the work.