[Adopted 7-9-1953 by Ord.
No. 215; amended in its entirety 12-14-2005 by Ord. No. 15-2005]
As used in this article, the following terms shall have the
meanings indicated:
The Borough Engineer, or his designee, appointed by the Borough
Council 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 Borough
to reimburse the Borough Engineer for inspection costs of excavation
and restoration procedures.
Any security equal to 50% of the performance guaranty that
may be accepted by the Borough to assure that the necessary improvements
will function as required for a period of two years.
Any security that may be accepted by the Borough 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 Borough of Riverton. The street includes
all areas within the right-of-way of said thoroughfare.
No person shall excavate in a street of the Borough of Riverton
nor direct or cause any employee, agent or contractor of such person
to perform any excavation in any street of the Borough of Riverton
until a written permit for such excavation has been duly issued by
the Borough Engineer of the Borough of Riverton.
A.
Application for all permits to excavate in any street of the Borough
of Riverton shall be made on the forms provided by the Borough and
submitted to the Borough Engineer. Forms can be obtained from the
Borough Clerk's office during regular business hours. Accompanying
all applications shall be the following:
(1)
For street openings in excess of 200 square feet, a clear, 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 Borough 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 Borough of Riverton and Borough 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 Riverton Borough 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 Borough of Riverton 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 Borough of Riverton shall commence until a written
permit has been duly issued by the Borough 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 Borough 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 Borough of Riverton for the issuance
of all road opening or street excavation permits. Should any additional
costs be incurred by the Borough of Riverton due to the permittee's
operations or negligence, including administrative, engineering, inspection
and legal costs, the permittee shall reimburse the Borough for all
costs incurred. Permittee shall be required to post adequate funds
in escrow to reimburse the Borough for costs of the Borough Engineer's
inspection. Any excess moneys shall be remitted to the permittee upon
approval and acceptance by the Borough 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 Borough Engineer, as provided herein:
B.
For a public utility, the schedule of fees may be modified in a separate
agreement with the Borough 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 Riverton Borough
Clerk/Treasurer and shall be in any of the forms indicated herein.
(1)
Certified check drawn payable to the Borough of Riverton and drawn
on a New Jersey bank.
(2)
Letter of credit drawn in favor of the Borough of Riverton and issued
by a New Jersey fiduciary institution. The letter of credit shall
be subject to the review and approval of the Borough 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 Borough
Solicitor for form prior to its acceptance.
C.
Maintenance guaranty. Upon completion of the final permanent restoration (to the satisfaction of the Riverton Borough 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 § 111-20B. 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 Borough Engineer. The maintenance guaranty shall be subject to the review and approval of the Borough 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 Borough 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 § 111-20C 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 § 111-20A above and subject to the approval, as to form, of the Borough 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 Borough Engineer. The utility shall provide to the Borough 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. 1-5. 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 1-2. Where directed by the Borough 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 1-5
(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 1-5 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 Borough of Riverton.
All concrete shall be subject to the requirements of the Street and
Roads Engineer of the Borough of Riverton. 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 or wire mesh 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 Borough 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
1-5, 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 on Borough property shall be approved
prior to commencement by the Riverton Shade Tree Commission, and shall
comply with Chapter 118 of the Riverton Borough Code. Protection of
existing trees shall be installed prior to excavation and shall remain
until after final inspection by the Borough Engineer. Tree protection
shall consist of a four-foot-high snow fence installed as approved
by the Riverton Shade Tree Commission. 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 Borough 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 Borough
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 overexcavation,
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
Borough 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 herein above
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 Borough Engineer.
B.
Backfilling. All backfilling of trenches, openings and excavations
in streets of the Borough of Riverton 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 Borough 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 Borough 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 Borough 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 Borough
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 Borough 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 Borough
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 Borough Engineer and to the Riverton Borough 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 Borough 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 Borough Engineer.
(7)
Detours. No detours shall be implemented unless specific written
approval has been granted by the Borough Engineer and the Borough
Police Department or approval of any detour, the permittee must submit
a specific application to the Borough Engineer and Police Department.
Such application shall include the following submissions: six copies
of a detour plan indicating the following:
(a)
Location of detour indicating street from which traffic is to
be detoured and streets of alternate route.
(b)
Alternate route location.
(c)
Signing plan indicating the location of all signs, and details
of all signs including advance warning signs, traffic direction signs
and barricades.
(d)
Placement of uniformed traffic control officers. Location of
all traffic control officers conforming to the requirements herein.
(e)
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 residence and businesses
within detour area.
(f)
Evidence of notification of all agencies, including but not
limited to:
[1]
Volunteer fire company service district in which detour is located.
[2]
First aid squad serving district in which the detour is located.
[3]
Board of Education Transportation Coordinator and Superintendent
of Schools.
[4]
Borough Clerk.
[5]
Residents within the detour perimeter.
[6]
All other agencies as may be directed by the Borough 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 Borough 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 Riverton Borough Chief of Police.
Any person granted a permit by the Borough of Riverton to excavate
or otherwise disrupt pavement or any area within the right-of-way
of any street of the Borough of Riverton 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 Borough of Riverton and Borough Engineer harmless from
all liability and litigation.
B.
Comply with all requirements set forth herein or as otherwise directed
by the Borough Engineer.
C.
Provide the Borough Engineer of the Borough of Riverton 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 § 111-28 or as required by law, whichever is greater. All liability insurance policies shall name the Borough of Riverton and the Borough 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 Borough 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 Borough
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 Borough Engineer.
A.
Whenever the Borough Council undertakes any action to provide for
the paving or repaving of any street, the Borough 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 Borough 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 successors
in interest to make openings, cuts, or excavations in said streets,
shall be forfeited for a period of five years from the date of enactment
of said ordinance, resolution or the passage of such motion. During
said five-year period, no street opening permit shall be issued to
open, cut or excavate in said street unless, in the judgment of the
Borough Engineer, an emergency, as described otherwise in this article,
exists which makes it absolutely essential that the street opening
permit be issued.
[Amended 5-11-2016 by Ord. No. 5-2016]
C.
Every Borough 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 Borough street during said five-year period.
A.
All work shall be subject to inspection by the Borough Engineer or
his agent designate. The Borough 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 Borough 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 Borough
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 Borough Engineer. No pavement restoration shall be considered to be complete or accepted until approved by the Borough Engineer. Once approved by the Borough 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 § 111-20C 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 Borough street.
A.
The permittee shall post with the Borough 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 Borough 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 Borough of Riverton 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 Borough 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 Borough is successful in said
litigation, then the offending parties shall be responsible for any
and all fees incurred by the Borough 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 Borough may revoke any permit for noncompliance with any
provision of this article. In any special case, the Borough may, by
resolution, impose special conditions to which the issuance of the
permit will be subject, or the Borough may, in any such case, deem
by resolution that any provision of this article shall not apply or
shall be altered.
A.
Repealer. In the event that any clause, section or paragraph of this
article is deemed to be invalid for any reason, then it is hereby
declared to be the intent of the governing body that the balance of
the article shall remain in full force and effect, the governing body
hereby declaring that it would have adopted the remainder of the article
even without the offending provision.
B.
Severability. Any and all ordinances inconsistent with the provisions
of this article be and the same are hereby repealed to the extent
of any such inconsistencies.
