The excavation and all piles of excavated materials
or any material used in the work to be performed in the opening for
which a permit is issued shall be carefully guarded and lighted by
the applicant, who shall be liable for damages caused by the prosecution
of the work or failure to properly guard or maintain the same. At
all times, the permittee shall provide for the protection and unobstruction
of fire hydrants in the general area of excavation.
As used in this article, the following terms
shall have the meanings indicated:
CONTRACTOR
Construction companies, excavators, land developers and any
and all persons connected with construction affecting traffic conditions,
including the owner and/or resident of affected property.
STREET
Any road, highway, way, alley, easement or right-of-way over
which the public travels or to which the public has access, whether
publicly or privately maintained and/or owned, including dedicated
but unaccepted subdivision streets.
All excavations shall be kept properly barricaded
at all times and, during the hours of darkness, shall be provided
with reflective material or warning lights. This section shall not
excuse the contractor from taking any other precaution(s) necessary
for the protection of persons or property.
All work shall be done in such a manner as to
cause a minimum of interference with travel on the street affected.
No street shall be closed to traffic unless such closing is approved
by the Chief of Police or his designee. The Chief of Police or his
designee shall specify the time and date of the closure and reopening
of the roadway, with no deviation permitted. The Police Department
and Department of Public Works shall be informed of all street closings
at least 24 hours in advance, except where work is of an emergency
nature. Notice shall be given to the Police Department and the Department
of Public Works when work commences.
No person shall position, store or park any
construction equipment on any street after working hours, except with
approval by the Chief of Police or his designee.
Lighting in construction areas shall be required
from 1/2 hour after sunset to 1/2 hour before sunrise and at any other
time when there is not sufficient light to see persons and vehicles
for a distance of at least 500 feet.
No construction work for which traffic control
devices are required to be used shall commence until the contractor
has filed a bond or cash in an amount determined to be sufficient
by the Borough Council. The Borough Council may waive the requirements
of this section in the case of public utilities upon the presentation
of satisfactory proof that such utility is capable of meeting any
claims against it up to the amount of the bond which would otherwise
be required. The bond shall be executed by the contractor as principal
and a surety company licensed to do business in the State of New Jersey
as surety, and shall be conditioned as follows:
A. To indemnify and save harmless the Borough from all
loss.
B. To indemnify the Borough for any expense incurred
in enforcing any of the provisions of this section.
C. To indemnify any person who shall sustain personal
injuries or damage to his property as a result of any act or omission
of the contractor, his agent, employee or subcontractors done in the
course of any work.
Failure to comply with the requirements of this article may subject a project to immediate closure by the Police Department and may subject the contractor to the penalties and procedures provided in Chapter
1, General Provisions, Article
I, General Penalty.