[Adopted 11-8-2000 by Ord. No. 2000-12 (Sec. 2.56 of the 1995 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Township Engineer, or his designee, appointed by the
Township Committee who is responsible for review of street excavation
permit applications and inspection of all street excavation restoration
activities.
Removal or recovery of pavement, soil, rock or organic material
from on or beneath the ground surface. This includes digging, trenching
and any other mechanical disturbance.
Moneys deposited by the permittee and held by the Township
to reimburse the Township Engineer for inspection costs of excavation
and restoration procedures.
Any security equal to 50% of the performance guaranty that
may be accepted by the Township to assure that the necessary improvements
will function as required for a period of two years.
Any security that may be accepted by the Township to ensure
that the required street restoration is complete in a satisfactory
manner.
The permit is held by both the contractor and the entity
for which the work is being performed. Both are considered the co-permittees.
Any individual corporation, company, utility, association,
society, firm, partnership, quasi-public entity, state, agency, political
subdivision or a member or employee thereof.
A closely regulated enterprise for providing utility service
to the public which has been deemed necessary for the public health,
safety and welfare and is licensed/regulated by a federal agency,
and/or the New Jersey Board of Public Utilities.
An existing road, highway or any vehicular thoroughfare which
is under the jurisdiction of the Township of Cinnaminson. The street
includes all areas within the right-of-way of said thoroughfare.
No person shall excavate in a street, of the
Township of Cinnaminson nor direct or cause any employee, agent or
contractor of such person to perform any excavation in any street
of the Township of Cinnaminson until a written permit for such excavation
has been duly issued by the Township Engineer of the Township of Cinnaminson.
Application for all permits to excavate in any
street of the Township of Cinnaminson shall be made on the forms provided
by the Township and submitted to the Township Engineer. Forms can
be obtained from the Township Clerk's office during regular business
hours. Accompanying all applications shall be the following:
A.
Application submissions.
(1)
A clearly legibly drawn plan or sketch done by a professional
land surveyor, or based on a cloth tape survey, which delineates the
exact location of the street opening. The plan shall include the following
information:
(a)
Written and graphic scale.
(b)
The length, width and depth of the opening.
(c)
Location of existing Township storm drainage,
water and sanitary systems and appurtenances within a one-hundred-foot
radius of the opening.
(d)
Location of all curbing, sidewalks and other
municipal improvements within a one-hundred-foot radius of the opening.
(e)
Where depths of trenches or excavations are
such that shoring, sheeting or other means of stabilizing or bracing
the trench opening is required, detailed plans, bearing the seal and
signature of a New Jersey licensed professional engineer shall be
submitted.
(2)
Certificate of liability insurance indemnifying and
holding harmless the Township of Cinnaminson and Township Engineer.
(4)
Application form.
(6)
In the case of trench openings in which traffic detours
are required or in which the trench will remain open for periods longer
than one day or overnight, a detailed barricade, warning device and
detour plan conforming to all applicable requirements of the Manual
on Uniform Traffic Control Devices shall be provided. The plan shall
be reviewed and be subject to the approval of the Cinnaminson Township
Police Department.
(7)
A written schedule of operations, including the anticipated
dates of street openings and excavations and restoration work.
B.
Permittee. The permit shall be issued jointly in the
name of the contractor actually performing the work of the street
opening and the person for whom the work is to be performed. It shall
be understood that the Township of Cinnaminson shall hold equally
liable and responsible both the contractor actually performing the
work and the entity for whom the work is performed regarding all restoration,
maintenance of traffic, protection of public safety, repair of defective
trench or excavation restoration in the pavement and all else related
to the trench or excavation and restoration thereof.
C.
Permit. No street opening or any other work within
the right-of-way of a street of the Township of Cinnaminson shall
commence until a written permit has been duly issued by the Township
Engineer. A copy of the permit shall be available at the work location
during all periods of construction and restoration operations and
shall be provided for inspection upon demand.
D.
If a road opening is required by a public utility
in order to expedite emergency repairs, then said opening may be performed
prior to the issuance of a permit from the Township Engineer, provided
that the entity performing the opening shall submit an application
and fees as set forth herein within 48 hours of the executed emergency
opening. Under no circumstances shall an opening for emergency access
relieve the permittee from complying with the restoration requirements
as set forth in this article.
A.
The following schedule of fees is hereby fixed, determined
and established as being the fees to be paid to the Township of Cinnaminson
for the issuance of all road opening or street excavation permits.
Should any additional costs be incurred by the Township of Cinnaminson
due to the permittee's operations or negligence, including administrative,
engineering, inspection and legal costs, the permittee shall reimburse
the Township for all costs incurred. The permittee shall be required
to post adequate funds in escrow to reimburse the Township for costs
of the Township Engineer's inspection. Any excess moneys shall be
remitted to the permittee upon approval and acceptance by the Township
Engineer of all final, permanent road restoration work in accordance
with the standards set forth herein. All costs shall be paid by the
permittee prior to the issuance of a permit by the Township Engineer,
as provided herein:
B.
For a public utility, the schedule of fees may be
modified in a separate agreement with the Township that will guarantee
that any street excavation and restoration work performed by the utility
shall conform with the requirements set forth herein.
A.
Each application for a permit for street excavation
shall post, prior to issuance of a street excavation permit, a performance
guaranty ensuring proper and satisfactory completion of all pavement
and trench restoration in strict accordance with the specifications
set forth herein. The amount of the performance guaranty shall be:
B.
The performance guaranty shall be posted with the
Cinnaminson Township Clerk/Treasurer and shall be in any of the forms
indicated herein.
(1)
Certified check drawn payable to the Township of Cinnaminson
and drawn on a New Jersey bank.
(2)
Letter of credit drawn in favor of the Township of
Cinnaminson and issued by a New Jersey fiduciary institution. The
letter of credit shall be subject to the review and approval of the
Township Solicitor for form prior to its acceptance.
(3)
Surety bond issued by a surety company licensed by
the State of New Jersey. Evidence shall be submitted as to the solvency
of the bonding company issuing the bond. The bond shall be executed
by the permittee as principal herein, and the surety company shall
be the surety therein. The bond shall be subject to the review and
approval of the Township Solicitor for form prior to its acceptance.
C.
Maintenance guaranty. Upon completion of the final permanent restoration (to the satisfaction of the Cinnaminson Township Engineer) of the street in accordance with all standards set forth herein, a maintenance guaranty shall be posted by the permittee. The maintenance guaranty shall be in one of the three forms set forth in § 450-14B. The maintenance guaranty shall be in an amount equal to 50% of the performance guaranty and shall remain in force for a period of not less than two years from the date of acceptance of the permanent pavement restoration by the Township Engineer. The maintenance guaranty shall be subject to the review and approval of the Township Solicitor for form prior to its acceptance.
D.
Release of guaranties; performance guaranties. Performance
guaranties shall be released upon satisfaction of the following conditions:
(1)
Approval of the Township Engineer of all final, permanent
road restoration work in accordance with the standards set forth herein.
(2)
Posting of an acceptable maintenance guaranty conforming to the requirements set forth in § 450-14C herein.
(3)
Satisfaction of any outstanding restoration for other
street opening excavation permits held by the permittee in which construction
has been completed and/or restoration has either not been completed,
has failed or is otherwise unsatisfactory.
E.
Utilities.
(1)
Any public utility may, in lieu of posting separate performance and maintenance guaranties, post, annually, a performance guaranty and maintenance guaranty in any of the forms authorized by § 450-14 above and subject to the approval, as to form, of the Township Solicitor. The amount of the guaranties shall not be less than $20,000 for performance, $10,000 for maintenance or an amount as determined by the Township Engineer. The utility shall provide to the Township Engineer a projected list of street excavations and scheduled utility extensions during the calendar year and an estimate of the average number of emergency openings which may be experienced in the course of a year.
(2)
The public utility shall provide the names, addresses,
telephone numbers and contact officials of all contractors who will
be performing street excavations and pavement restoration work. This
shall not relieve the utility of any responsibilities for obtaining
the necessary road opening permits.
All pavement restoration shall be in strict
compliance with the standards set forth herein, and all materials
shall conform to all applicable requirements of the New Jersey Department
of Transportation, Standard Specifications for Road and Bridge Construction,
hereinafter referred to as "Standard Specifications," as amended.
A.
Bituminous pavement restoration. The restoration of
all bituminous surfaced roadways which have been excavated shall conform
to the following pavement types and thicknesses specified herein:
Type of Roadway
|
Aggregate Subbase
(inches)
|
Bituminous Stabilized Base Course
(inches)
|
Bituminous Concrete Surface Course
(inches)
| |
---|---|---|---|---|
Major collector
|
6
|
4 1/2
|
1 1/2
| |
Minor collector
|
6
|
3 1/2
|
1 1/2
| |
Residential access
|
6
|
3
|
1 1/2
| |
Rural residential
|
6
|
3
|
1 1/2
|
(1)
Surface course. The bituminous concrete surface course
shall conform to all applicable requirements set forth in Sections
404 and 903 of the Standard Specifications for hot-mixed, Mix No.
I-5. A tack coat conforming to the requirements herein shall be applied
to the base course prior to placement of the surface course.
(2)
Base course. The bituminous stabilized base course
shall conform to all applicable requirements set forth in Sections
304 and 903 of the Standard Specifications for bituminous stabilized
base course, hot-mixed, Mix I-2. Where directed by the Township Engineer,
the bituminous stabilized base course shall be placed on an aggregate
subbase course conforming to the requirements set forth herein.
(3)
Subbase course. A subbase course shall conform to
all applicable requirements set forth in Section 301 of the Standard
Specifications in conjunction with the requirements for either dense
graded aggregate (Standard Specifications Section 901.08) or soil
aggregate Type I-5 (Standard Specifications, Section 901.09).
B.
Gravel surfaced roads. In the case of a gravel or
soil aggregated surfaced roadway, the minimum restoration thickness
shall consist of not less than the eight inches compacted thickness
of I-5 soil aggregate conforming to gradation type as set forth in
the New Jersey Department of Transportation Standard Specifications,
Section 901.
C.
Sidewalks. Any concrete sidewalk disturbed, damaged
or disrupted as part of the street excavation shall be replaced with
concrete sidewalk conforming to all applicable standards of the Township
of Cinnaminson. All concrete shall be ready-mixed air-entrained portland
cement concrete conforming to all applicable requirements set forth
in Section 914 of the Standard Specifications for Class B concrete.
Expansion joints shall be of a minimum thickness of 1/2 inch and shall
be of the bituminous cellular-type conforming to the requirements
of the New Jersey Department of Transportation Standard Specifications,
Section 908. All sidewalks shall be placed on a soil aggregate base
conforming to the requirements specified elsewhere herein. All concrete
sidewalk shall have a minimum thickness of not less than four inches
(six inches at driveway crossings), and all base courses beneath sidewalks
shall have a minimum compacted thickness of not less than four inches.
D.
Curb and gutters. Where concrete curbing and/or gutters
are disturbed, damaged or removed, curbing and gutters of the exact
configuration as the existing curbing and/or gutters shall be constructed.
Concrete shall be air-entrained portland cement concrete conforming
to the requirements in Section 914 of the Standard Specifications
for Class B concrete. Dimensions of curbs shall be six inches by eight
inches by 18 inches for all Township streets.
E.
Topsoiled and unpaved areas. All topsoiled, seeded
or otherwise unpaved areas disturbed in the course of the work shall
be topsoiled with a minimum thickness of not less than four inches
of loam-type topsoil. Fertilizer, lime and all other soil conditioners
needed to promote the proper growth of grass shall be incorporated
and thoroughly worked into the topsoil. Seed or sod of the species
suitable for growth in the location and environment and conforming
to the requirements of the New Jersey Department of Transportation
Standard Specifications shall be placed in all unpaved areas. All
slopes greater than or equal to three to one shall have additional
stabilization.
F.
Gravel shoulder areas. All shoulder areas disturbed
in the trench opening shall be restored and graded to provide and
maintain the proper flow of drainage and to provide adequate lateral
support of the abutting pavement structure. The gravel material shall
be soil aggregate, Type I-5, conforming to the requirements of New
Jersey Department of Transportation Standard Specifications, Section
901. The soil aggregate or gravel shall be a minimum depth of not
less than eight inches compacted thickness.
G.
Concrete drive aprons. All concrete drive aprons disturbed
during the course of excavation shall be reconstructed of air-entrained
portland cement concrete conforming to the requirements in Section
914 of the Standard Specifications for Class B concrete. The apron
shall have a minimum concrete thickness of six inches, including the
sidewalk area traversing the apron. The apron shall be reinforced
with welded steel wire mesh of ten-gauge steel wire located in the
bottom 1/3 of the pour.
H.
Shade trees. Any tree removal shall be approved prior
to commencement by the Township Forester and shall comply with Chapter
119 of the Cinnaminson Township Code. Protection of existing trees
shall be installed prior to excavation and shall remain until after
final inspection by the Township Engineer. Tree protection shall consist
of four-foot-high snow fence installed at the dripline of subject
trees. No activity or storage shall take place within said fencing.
All methods of construction and construction
practices employed in the excavation of trenches, digging in street,
backfilling, compacting and restoration of pavements shall be in strict
compliance with the requirements set forth herein, with the Standard
Specifications or as otherwise directed by the Township Engineer.
A.
Excavation.
(1)
Prior to the removal of any pavement or the excavation
of any trench, the pavement shall be cut in a straight line along
the lines of the trench or opening. The existing pavement should be
cut back one foot from the edge of excavation. The pavement shall
be cut using a pavement cutting wheel, pavement saw or other device
as approved by the Township Engineer. The cut shall extend through
all courses of bituminous concrete surface and base courses. Should
broken or failed pavement be encountered within or abutting the limits
of the trench, these areas shall be cut back to an area of sound pavement.
In the event of over-excavation, the pavement shall be saw cut back
to a straight line abutting sound pavement and firm base, free of
undermined areas. In the case of undermining of the area beneath the
pavement abutting the trench, the pavement over the undermined area
shall be saw or wheel cut in a straight line to produce a straight
edge abutting sound pavement over a firm undisturbed subgrade.
(2)
The excavation shall be conducted in such a manner
as not to interfere or disrupt any existing utility installations,
building connections, foundations, curbing, sidewalk, shade trees,
traffic signal appurtenances, storm drains or other appurtenances
either located or extending into a subsurface area either within the
trench area or within proximity of the trench or opening area in such
a manner as to possibly be affected by the trenching or opening activity.
(3)
All unsuitable backfill material shall be removed
from the work area and disposed of in a suitable location. The permittee
shall replace all unsuitable backfill with select material conforming
with the New Jersey Department of Transportation Standard Specifications
1-13 designation. The removal and disposal of all unsuitable backfill
and excess material and the replacement of all unsuitable backfill
material shall be at the expense of the permittee.
(4)
Shoring, bracing and stabilization. The permittee
shall ensure that the proper bracing, shoring and other means of trench
stabilization shall be constructed wherever required or deemed necessary
by the Township Engineer or by any state, federal or local laws. All
shoring, bracing and stabilization shall be designed to withstand
all lateral pressures and support all loading surcharges imposed by
traffic, adjoining structures or other sources of surcharge loading.
All shoring, bracing and stabilization shall conform to the plan as
required hereinabove and shall be designed by a New Jersey licensed
professional engineer. All shoring, bracing and stabilization shall
conform to all standards set forth by the Occupational Safety and
Health Administration (OSHA) of the United States Department of Labor
and the Bureau of Workplace Safety Standards of the New Jersey Department
of Labor and Industry. In the case of prefabricated steel trench boxes
or other devices, only those devices conforming to all applicable
standards set forth hereinafter above shall be employed.
(5)
No soil, materials or other items shall be placed
so as to interfere with public use of the highway, road or street
or as to create a traffic hazard.
(6)
The excavation shall be kept open for the minimum
time required to accomplish the purpose of the opening, and all openings,
excavations and trenches shall be closed at the earliest time thereafter.
Temporary bridging or road plates may be permitted subject to the
written permission of the Township Engineer.
B.
Backfilling. All backfilling of trenches, openings
and excavations in streets of the Township of Cinnaminson shall be
performed in strict compliance with the procedures and methods set
forth herein and in the New Jersey Department of Transportation Standard
Specifications or as otherwise directed by the Township Engineer.
(1)
All pipe shall be placed on the proper class and type
of bedding required for the type of soil conditions encountered, depth
of cover over the pipe, type of pipe and traffic loading imposed.
(2)
The height of cover over the pipe or conduit shall
not be less than the minimum height of cover as required for the type
of conduit or pipe, pipe thickness and diameter needed to withstand
a minimum AASHTO HS-25 Loading, unless otherwise approved by the Township
Engineer. Approval of shallow installations will be based on design
details showing how traffic loads will be transferred around the pipe
or conduit.
(3)
Backfill shall be thoroughly compacted by mechanical
means in eight-inch lifts to a minimum 95% (AASHTO T-95) relative
density. Tampers or compaction equipment shall be designed for the
type of material being compacted. All compaction equipment shall be
subject to the inspection of the Township Engineer.
(4)
Under no circumstances shall puddling, flooding or
other nonmechanical means of compaction be permitted.
C.
Pavement restoration. All pavement restoration shall
be performed in strict compliance with all applicable requirements
as set forth in the New Jersey Department of Transportation Standard
Specifications or as otherwise amended herein or as otherwise directed
by the Township Engineer.
The permittee shall bear all responsibility
for ensuring traffic safety and safety to the public in the trench
and work area at all times. The permittee shall also be responsible
for maintaining proper traffic circulation throughout the work area.
The permittee shall ensure compliance with all provisions herein or
as otherwise directed by either the Township Engineer or the Police
Department.
A.
Barricades; warning devices; traffic control devices.
(1)
All barricades, signs, flasher units, cones, traffic
warning and direction devices, barrel delineators and all other devices
employed in traffic control, warning and direction in and around the
work area shall be in strict compliance with all requirements set
forth in the Manual for Uniform Traffic Control Devices (MUTCD), including
design, placement and maintenance.
(2)
It shall be the responsibility of the permittee to
erect and maintain at all times all required barricades, signs, warning
devices and all other items required to maintain traffic safety and
circulation and public safety and convenience. If it is the determination
of the Township Engineer or the Police Department that additional
traffic safety measures are required, said measures shall immediately
be implemented by the permittee.
(3)
Flashers, reflective devices and other items required
to ensure visibility of the trench or work areas in hours of darkness
shall be provided in strict compliance with all requirements set forth
in the Manual of Uniform Traffic Control Devices.
(4)
Maintenance and emergency situations. The permittee
shall provide to the Township Engineer and to the Cinnaminson Township
Police Department the names and telephone numbers of responsible individuals
who can be contacted on a twenty-four-hour-a-day, seven-day-per-week
basis to respond to an emergency involving the trench or street opening
and to replace or repair any defective, nonfunctioning, vandalized,
stolen, damaged or otherwise ineffective barrier, warning device,
flasher, sign, barricade or other device as required to repair or
cause to be repaired any trench restoration failure or unsafe condition.
(5)
Manholes; inlet castings; valve boxes. Should it be
necessary to allow, for any period of time whatsoever, a manhole casting,
storm drainage inlet casting, valve box, traffic signal detector plates
or other appurtenances in the roadway, shoulder or sidewalk area to
remain above the elevation of the surrounding pavement, ground or
sidewalk, barricades, barrel delineators or other suitable devices
provided with flasher units shall be placed over the appurtenances
and shall be secured to prevent toppling or unauthorized removal or
tampering, but shall conform with all applicable requirements of the
Manual of Uniform Traffic Devices for breakaway in the event of vehicle
collisions. If, in the opinion of the Township Engineer, temporary
pavement can be placed around the appurtenance to alleviate the unsafe
condition, the permittee shall be required to place such temporary
pavement in accordance with all requirements specified herein and
to properly remove such pavement when the appurtenance has been set
to proper grade.
(6)
Temporary crossings; road plates. Should the permittee
propose the use of road plates or other temporary bridging, the specific
approval for such items must be obtained, in writing, from the Township
Engineer.
(7)
Detours. No detours shall be implemented unless specific
written approval has been granted by the Township Engineer and the
Township Police Department or approval of any detour, the permittee
must submit a specific application to the Township Engineer and Police
Department. Such application shall include the following submissions:
(a)
Six copies of a detour plan indicating the following:
[1]
Location of detour indicating street from which
traffic is to be detoured and streets of alternate route.
[2]
Alternate route location.
[3]
Signing plan indicating the location of all
signs, and details of all signs, including advance warning signs,
traffic direction signs and barricades.
[4]
Placement of uniformed traffic control officers.
Location of all traffic control officers conforming to the requirements
herein.
[5]
Written narrative of detour plan which shall
indicate route of detour, length of time detour is to remain in effect,
traffic control measures and means to provide access to all residences
and businesses within detour area.
[6]
Evidence of notification of all agencies, including
but not limited to:
[a]
Volunteer fire company service
district in which detour is located.
[b]
First aid squad serving district
in which the detour is located.
[c]
Board of Education Transportation
Coordinator and Superintendent of Schools.
[d]
Township Clerk.
[e]
Residents within the detour perimeter.
[f]
All other agencies as may be directed
by the Township Engineer.
B.
Application for detour approval must be submitted
30 days in advance of the date of implementation of the detour. A
waiver of this requirement may be permitted if, by determination of
the Township Engineer, a bona fide emergency condition exists.
C.
Uniformed traffic control directors. Where the need
for traffic control directors or flagmen is indicated, all personnel
shall be uniformed and shall have satisfactorily completed an approved
traffic control and traffic direction course. All traffic control
directors shall be equipped with all required flags, safety attire
and communication equipment as required by the Manual of Uniform Traffic
Control Devices and the State of New Jersey. All traffic control directors
shall be subject to the approval of the Cinnaminson Township Chief
of Police.
Any person granted a permit by the Township
of Cinnaminson to excavate or otherwise disrupt pavement or any area
within the right-of-way of any street of the Township of Cinnaminson
shall accept, as conditions of the granting of the permit, the following
responsibilities:
A.
Assume all liability and responsibility arising from
the street excavation covered by the permit, including liability arising
from the opening, construction operations, traffic safety and control
and restoration, holding the Township of Cinnaminson and Township
Engineer harmless from all liability and litigation.
B.
Company with all requirements set forth herein or
as otherwise directed by the Township Engineer.
C.
Provide the Township Engineer of the Township of Cinnaminson
with a minimum of two working days, notice in advance of commencement
of street opening work.
D.
Notify all utilities or other entities of the street
opening work as required by New Jersey law.
E.
Protect the health, safety and welfare of the public
at all times by employing all required traffic safety devices, warning
devices and other items required to maintain traffic safety and circulation
at all times.
F.
Prevent to the fullest extent possible the inconvenience
to the public due to road opening work and maintain at all times safe
and efficient traffic circulation around the work.
G.
Provide and maintain liability insurance for not less than the limits as specified in § 450-22 or as required by law, whichever is greater. All liability insurance policies shall name the Township of Cinnaminson and the Township Engineer as being additionally insured and held harmless from all suits arising from the road opening. Said endorsements shall be recorded on the insurance policy and evidence of coverage shall be submitted to the Township Engineer prior to the issuance of a road opening permit.
H.
The permittee shall submit evidence of workmen's compensation
insurance coverage prior to the issuance of the road-opening permit.
I.
Obey all instructions issued regarding the permit
issued by the Township Engineer.
J.
Post all required performance and maintenance guaranties
as required and repair any defects or failures in the restoration
during the period covered by the maintenance guaranty. The permittee
shall ensure that all repairs are carried out within two working days
of notification of restoration defects or failure by the Township
Engineer.
A.
Whenever the Township Committee undertakes any action
to provide for the paving or repaving of any street, the Township
Clerk shall promptly mail a written notice thereof to each person
or entity owning sewers, mains, conduits or other utilities in or
under said street or any real property, whether improved or unimproved,
abutting said street. Such notice shall notify such persons that street
opening permits or openings, cuts or excavations and permits for work
to be done prior to such paving or repaving, shall be submitted promptly
in order that the work covered by the street opening permit may be
completed not later than 45 days from the date of the governing body's
action, whether same be by resolution, ordinance or motion. The Township
Clerk shall also promptly mail copies of such notice to the occupants
of all houses, buildings and other structures, abutting said street
for their information and to state agencies and department or other
persons who may desire to perform excavation work in said street.
B.
Within said 45 days, every public utility company
receiving notice as prescribed herein shall perform such excavation
work, subject to the provisions of this article, as may be necessary
to install all repair sewers, mains, conduits or other utility installations.
In the event that any owner of real property abutting said street
shall fail within 45 days to perform such excavation work as may be
required to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner or his successors
in interest to make openings, cuts, or excavations in said streets,
shall be forfeited for a period of three years from the date of enactment
of said ordinance, resolution or the passage of such motion. During
said three-year period, no street opening permit shall be issued to
open, cut or excavate in said street unless, in the judgment of the
Township Engineer, in emergency, as described otherwise in this article,
exists which makes it absolutely essential that the street opening
permit be issued.
C.
Every Township department or official charged with
responsibility for any work which may necessitate any opening, cut
or excavation in said street is directed to take appropriate measures
to perform such excavation work within said forty-five-day period
so as to avoid the necessity for making any openings, cuts, or excavations
in the new pavement in said Township street during said three-year
period.
A.
All work shall be subject to inspection by the Township
Engineer or his agent designate. The Township Engineer shall reserve
the right to inspect all work relating to the street excavation, including
but not limited to excavation, backfill, bedding, pavement restoration,
restoration maintenance and traffic control and safety measures. If,
in the opinion of the Township Engineer, the permittee is not complying
with all requirements set forth herein or as otherwise directed or
that the permittee has failed to maintain safe conditions in the work
area creating a hazard to both the public and/or personnel, the Township
Engineer shall reserve the right to revoke the permit and require
the permittee to cease work for which the permit and street excavation
is intended until such noncompliance have been rectified to the satisfaction
of the Engineer.
B.
All restoration work shall be subject to the review and approval by the Township Engineer. No pavement restoration shall be considered to be complete or accepted until approved by the Township Engineer. Once approved by the Township Engineer, notification will be given to the permittee. Release of the performance guaranty will not be authorized until satisfactory posting or acceptance of the maintenance guaranty conforming to the requirements set forth in § 450-14C herein.
The permittee shall solely be liable and responsible
for any damages, injuries or claims resulting from the street excavation,
restoration or in any connection related to the permit, the permittee's
operations and actions. Nothing in this article shall be understood
or construed by any permittee or other person as to absolve any permittee,
his employees, agents or contractors of any responsibility for any
damage or injuries suffered by any person or property in opening or
excavating in any Township street.
A.
The permittee shall post with the Township Clerk a
certificate of public liability insurance providing a minimum umbrella
or comprehensive coverage limit of not less than $1,000,000 for injuries,
including wrongful death to any one person and, subject to the same
limit for each person, in an amount not less than $500,000 on account
of one accident and property damage insurance in an amount of not
less than $250,000 for damage to property for each and every occurrence.
B.
Automobile and truck insurance in an amount not less
than $500,000 for injuries and/or wrongful death, to any one person
and subject to the same limit for each person and in an amount not
less than $1,000,000 on account of one accident and property damage
insurance in an amount not less than $500,000 and $1,000,000 per occurrence
is required.
C.
Special hazards, if there is a possibility of such
hazards existing in the work contemplated, endorsements shall be included
with the policy or policies for the following coverages and amounts:
D.
The permittee shall provide to the Township indemnification
against any liability or suits arising from the permittee's operations
and the street opening or any work in connection hereof, and the permittee
shall protect and hold harmless the Township of Cinnaminson or its
officers, its employees and its agents against any claims arising
for the permittee's operations and the street excavation or any related
work.
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be subject to one or more of the following: imprisonment in the county
jail or in any place provided by the Township for the detention of
prisoners for any term not exceeding 90 days; or by a fine not exceeding
$1,000; or by a period of community service not exceeding 90 days.
B.
Injunctive relief. In addition to any other remedy
provided in this article, the municipality may institute a suit in
equity or at law where unlawful conduct or actions violative of this
article occur or an injunction to restrain any continued violation
of this article or to compel the contractor or his principal to comply
with the provisions of this article. In the event that the Township
is successful in said litigation, then the offending parties shall
be responsible for any and all fees incurred by the Township in the
course of that litigation.
C.
Concurrent remedies. The penalties and remedies described
in this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the municipality from exercising any
other remedy provided by this article or otherwise provided at law
or in equity.
The Township may revoke any permit for noncompliance
with any provision of this article. In any special case, the Township
may, by resolution, impose special conditions to which the issuance
of the permit will be subject, or the Township may, in any such case,
deem by resolution that any provision of this article shall not apply
or shall be altered.