[Adopted 12-7-1970 by Ord. No. 8; amended in its entirety 12-29-1986 by Ord. No.
31-1986]
No person, firm, partnership, corporation, utility,
quasi-public body or other entity shall open, dig or excavate or direct
or cause any employee, agent or contractor of such person, firm, partnership,
corporation, utility, quasi-public body or other entity to open or
make any excavation or disruption of the surface of any street, highway,
road or thoroughfare of the Borough of Tuckerton until a written permit
for such opening, excavation or other surface disruption has been
duly issued by the Superintendent of Public Works of the Borough of
Tuckerton or his designee (secretary of the Office of the Construction
Code Official); provided, however, that in the event of any emergency
wherein a sewer, main, conduit or utility in or under any street breaks,
bursts or otherwise is in such condition as to immediately endanger
the property, life, health or safety of any individual, the person
owning or controlling such sewer, main, conduit or utility, without
first applying for and obtaining an excavation permit hereunder, shall
immediately take proper emergency measures to cure or remedy the dangerous
conditions for the protection of property, life, health and safety
of individuals. However, such person owning or controlling such facilities
shall in such event apply for an excavation permit not later than
the end of the next succeeding day during which the Borough Clerk's
office is open for business and shall not proceed with permanent repairs
without having first obtained the necessary permit hereunder. In the
event of such emergency situation, the person owning or controlling
such facility shall immediately notify the Police Department of the
existence, nature and location of such emergency condition.
A.
Application submissions. Application for all permits
to excavate, open or dig trenches or otherwise disrupt or break the
surface of any public road, highway, street or thoroughfare of the
Borough of Tuckerton shall be made on the forms provided by the Tuckerton
Borough Department of Public Works and submitted to Superintendent
of the Department of Public Works. Accompanying all applications shall
be the following:
(1)
A clearly, legibly drawn plan or sketch delineating
the exact location of the street opening. The sketch plan shall include
the following information:
(a)
The length and width of the opening.
(b)
Location of the existing Borough storm drainage
systems and appurtenances within a one-hundred-foot radius of the
opening.
(c)
Location of all curbing, sidewalk and other
municipal improvements within a one-hundred-foot radius of the trench
or road opening limits.
(d)
Where depths of trenches or excavations are
such that shoring, sheeting or other means of stabilizing or bracing
the trench opening are necessary, detailed plans bearing the seal
and signature of a New Jersey licensed professional engineer.
(2)
A certificate of liability insurance indemnifying
and holding harmless the Borough of Tuckerton from any liability arising
from the street opening or trench or restoration thereof.
(3)
A performance guaranty conforming to the requirements
set forth in this article.
(4)
An application form fully completed as to all items
thereon.
(5)
An application fee in the amount prescribed in this
article.
(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 with 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 Superintendent of
Public Works and Tuckerton Borough Police Department.
(7)
A written schedule of operations indicating 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, firm, partnership, utility, corporation or
other entity for whom the work is to be performed. It shall be understood
that the Borough of Tuckerton shall hold jointly and severally 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 road surface 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 public road, street, highway or thoroughfare
of the Borough of Tuckerton shall commence until a written permit
has been duly issued in accordance with this article. 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.
A.
The following schedule of fees is hereby fixed, determined
and established as being the fees to be paid the Borough of Tuckerton
for the issuance of all road opening or street excavation permits:
|
Opening Area
(square yards)
|
Fees
| |
|---|---|---|
|
0 to 20
|
$50
| |
|
20.01 to 100
|
$100
| |
|
100.01 to 500
|
$250
| |
|
500.01 to 1,500
|
$500
| |
|
1,500.01 to 2,500
|
$750
| |
|
2,500.01 and over
|
$1,250
|
B.
All fees set forth in this section shall be payable
to the Borough of Tuckerton and shall be nonrefundable. Fees shall
become property of the Borough of Tuckerton.
C.
Should any additional costs be incurred by the Borough
of Tuckerton due to the permittee's operations or negligence, including
but not limited to administrative, engineering, inspection and legal
costs, the permittee shall reimburse the Borough for all costs incurred.
A.
Each applicant for a permit for such opening or excavating
shall post, prior to issuance of any road opening or 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 determined by the Superintendent of Public Works for each
street opening or trench excavation and shall be based upon the pavement
requirements and restoration necessary for each specific application.
B.
The performance guaranty shall be posted with the
Tuckerton Borough Department of Public Works or secretary of Construction
Code Official and shall be in any of the forms indicated herein:
(1)
A certified check drawn payable to the Borough of
Tuckerton and drawn on a New Jersey Bank.
(2)
A letter of credit drawn in favor of the Borough of
Tuckerton and issued by a New Jersey financial institution. The letter
of credit shall be subject to the review and approval of the Borough
Attorney for form prior to its acceptance.
(3)
A 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.
C.
Upon completion of the final permanent restoration,
to the satisfaction of the Tuckerton Borough Superintendent of Public
Works, of the public road, street, highway or thoroughfare in accordance
with all standards set forth herein, a maintenance guaranty shall
be posted by the permittee. The maintenance bond shall be in one of
the three forms set forth above. The maintenance guaranty shall be
in an amount equal to 50% of the performance guaranty amount 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
Public Works Superintendent.
D.
Performance and maintenance guaranties shall be released
upon satisfaction of the Tuckerton Borough Public Works Superintendent
that all final permanent road restoration work has been completed
in accordance with the standards set forth herein.
E.
Any bona fide utility regulated and licensed by the
New Jersey Board of Public Utilities may, in lieu of posting separate
maintenance and performance guaranties, be permitted to post an annual
performance guaranty and maintenance guaranty. The guaranties shall
be determined by the Superintendent of Public Works. The utility shall
provide to the Superintendent of Public Works a projected list of
openings of 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. The utility shall provide
the names, addresses, telephone numbers and contact officials of all
contractors who will be performing street openings and surface restoration
work. This shall not relieve the utility of any responsibilities for
obtaining the necessary road opening permits.
All surface restoration shall be in strict compliance
with the standards set forth herein, and all materials shall conform
with all applicable requirements of the Standard Specifications for
Road and Bridge Construction, 1983, and as amended by the latest addenda
of the New Jersey Department of Transportation, hereinafter referred
to as "Standard Specifications."
A.
Bituminous pavement restoration. The restoration of
all bituminous surfaced roadways disturbed, opened, excavated or in
which trenches have been dug shall conform to the following pavement
types and thicknesses specified herein:
(1)
Surface course. All surface courses shall be of bituminous
concrete, hot-mixed, Type FABC-1, N.J.D.O.T. Mix No. I-5, having a
compacted thickness of either 1 1/2 inches or two inches, as
required to conform to the pavement surface thickness of the pavement
or classification of road in which the restoration is to be performed.
The bituminous concrete surface shall be placed on a bituminous stabilized
base course as set forth herein. 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. A bituminous stabilized base course shall
be placed in a total compacted thickness of six inches in the trench
area and shall conform to all applicable requirements set forth in
the Standard Specifications for bituminous stabilized base course,
hot-mixed, Type CABC-2, stone mix Mix I-1 or I-2. The base course
shall be placed in a minimum of two lifts, each lift having a compacted
thickness of not greater than three inches, with the first lift being
compacted in accordance with the requirements of the Standard Specifications
before placing the succeeding lift of base course material. The bituminous
stabilized base course shall be placed on aggregate subbase course
conforming to the requirements set forth herein.
(3)
Subbase course. A subbase course consisting of a minimum
compacted thickness of six inches of quarry blend stone conforming
to gradation Type I-5 or eight inches compacted thickness (minimum)
of soil aggregate (bank-run gravel) conforming to gradation type as
set forth in the Standard Specifications. A filter fabric of an approved
type and thickness shall be placed on the subgrade prior to placement
of the subbase.
B.
Gravel surfaced roads. In the case of a gravel- or
soil-aggregate surfaced roadway, the minimum restoration thickness
shall consist of not less than the eight inches compacted thickness
of soil aggregate conforming to gradation type as set forth in the
Standard Specifications. A filter fabric or geotextile of an approved
type and thickness shall be placed over the subgrade prior to placement
of any soil aggregate or gravel surface course.
C.
Sidewalks. Any concrete sidewalk disturbed, damaged
or disrupted as part of the trench opening shall be replaced with
concrete sidewalk conforming to all applicable standards of the Borough
of Tuckerton. All concrete shall be ready-mixed air-entrained portland
cement concrete conforming to all applicable requirements set forth
in the Standard Specifications for Class B concrete. All concrete
shall have a minimum compressive strength (twenty-eight-day) of not
less than 3,500 pounds per square inch. 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 Standard Specifications.
All sidewalk shall be placed on a soil aggregate base conforming to
the requirements specified elsewhere herein. All concrete sidewalk
shall have a minimum compacted thickness of not less than four inches,
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 portland cement concrete (air-entrained) conforming
to the requirements of the Standard Specifications for Class B concrete
and shall have a minimum compressive strength of 4,000 pounds per
square inch after 28 days.
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 loan-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 Standard Specifications shall be placed
in all unpaved areas.
F.
Gravel shoulder areas. All shoulder areas disturbed
in the course of 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-6, conforming to all applicable requirements
of the Standard Specifications. The soil aggregate or gravel shall
be a minimum thickness of not less than eight-inch compacted thickness.
G.
Concrete drive aprons. All concrete drive aprons disturbed
during the course of excavation or trench opening shall be replaced
in accordance with all applicable standards for concrete drive aprons
as set forth in the Tuckerton Borough Subdivision Ordinance[1] and shall be constructed of portland cement concrete (air-entrained),
Class B concrete, having a twenty-eight-day compressive strength of
4,000 pounds per square inch and a minimum concrete thickness of six
inches, including the sidewalk area traversing the apron. The apron
shall be reinforced with welded-steel wire mesh having a mesh grid
pattern of six by six inches and being electrically welded construction
of ten-gauge steel wire.
A.
Excavation. All methods of excavation employed in
the opening of trenches, digging in streets, backfilling, compacting
and restoration of surfaces shall be in strict compliance with the
requirements set forth herein, with the Standard Specifications or
as otherwise directed by the Superintendent of Public Works.
(1)
Prior to the removal of any pavement or the excavation
of any trench, the road surface shall be cut in a straight line along
the lines of a trench or opening. The pavement shall be cut using
a pavement cutting wheel, pavement saw or other device as approved
by the Superintendent. 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 sawcut 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, 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 location and manner as approved
by the Superintendent. The permittee shall replace all unsuitable
material conforming to the requirements for select borrow, Gradation
I-13. All excess material removed and disposed in a manner and location
as approved by the Superintendent. 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)
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 Superintendent 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 with all applicable standards set forth hereinabove shall
be employed.
(5)
No spoil, 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 or opening 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.
B.
Backfilling. All backfilling of trenches, openings
and excavations in streets, roads, highways and thoroughfares of the
Borough of Tuckerton shall be performed in strict compliance with
the procedures and methods set forth herein and in the Standard Specifications
or as otherwise directed by the Superintendent of Public Works.
(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)
In those instances where the height of cover over
the pipe or conduit is 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 H-20 loading, the conduit or pipe shall
be encased in reinforced concrete, with the encasement being of the
thickness, reinforcement and configuration to support loading. The
encasement shall be constructed so that the load is not carried by
the conduit and any other pipe or conduit which is located beneath
the conduit or pipe under construction.
(3)
Backfill shall be thoroughly compacted by mechanical
means in six-inch lifts to a minimum 95% (AASHTO T-95 proctor) 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 Superintendent.
(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 Standard Specifications or as otherwise amended
herein or as otherwise directed by the Superintendent of Public Works.
(1)
All existing pavement edges shall be completely tacked
prior to placement of bituminous concrete with heated-asphalt cement
Grade AC-10 or AC-20.
(2)
Prior to placement of the soil aggregate or quarry
blend subbase course on the subgrade, a filter fabric or geotextile
shall be placed in the trench. All geotextile or filter fabric shall
be an approved type and thickness and shall be installed in strict
accordance with the manufacturer's instructions.
(3)
The subbase course shall be thoroughly compacted to
a minimum of 95% relative density (AASHTO T-95 proctor).
(4)
Prior to placing the bituminous stabilized base course,
a prime coat consisting of an asphalt cutback, Grade MC-250 or approved
equal, shall be applied at a rate of 0.25 gallon per square yard,
a minimum of 12 and not greater than 24 hours prior to the placement
of the bituminous stabilized base course. If, in the opinion of the
Superintendent, the optimum moisture content and binder content of
the subbase material is sufficient, the prime coat requirement may
be waived upon specific application.
(5)
The bituminous stabilized base course material shall
be placed in two immediately successive lifts of three-inch compacted
thickness, with each lift being thoroughly compacted prior to placement
of the succeeding lift. The bituminous stabilized base course shall
be brought to the elevation of the surrounding existing pavement.
(6)
A minimum interval of 30 calendar days shall pass
between placement of the final bituminous concrete surface course,
to allow for settlement.
(7)
Prior to placement of the final bituminous concrete
surface course, the trench area shall be thoroughly swept of all soil,
foreign material, moisture, silt, sand and other substance which would
prevent proper adhesion of the bituminous concrete or tack coat. Any
failed areas of base course shall be removed, replaced and recompacted
to the satisfaction of the Superintendent.
(8)
Prior to placement of the final pavement, the area
shall be tacked with asphalt cutback, Grade MC-70 or approved equal.
Tack coat shall extend to provide smooth transition to the existing
pavement.
(9)
The final pavement shall be constructed in strict
accordance with all provisions of the Standard Specifications. The
finished pavement shall be blended and finished in such a manner as
to provide a smooth transition to the existing pavement surface, providing
a smooth joint and edge and bond between the pavement restoration
and the existing pavement. The finished pavement shall be free of
depressions, high areas or other surface irregularities.
(10)
Where traffic markings are disturbed in the
course of pavement restoration or trench opening, it shall be the
responsibility of the permittee to ensure that all pavement markings
are restored in accordance with all applicable requirements and to
the satisfaction of the Superintendent.
(11)
In case of any special circumstances or conditions,
the permittee shall restore the road surface as directed and determined
by Superintendent.
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 Superintendent of Public Works
or the Police Department.
A.
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, including
design, placement and maintenance.
B.
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 as required to maintain traffic safety
and circulation and public safety and convenience.
C.
Flashers, reflective devices and other items required
to ensure visibility of the trench or work area in hours of darkness
shall be provided in strict compliance with all requirements set forth
in the Manual of Uniform Traffic Control Devices.
D.
The permittee shall provide to the Superintendent
of Public Works and to the Tuckerton 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.
E.
Should it be necessary to allow, for any period of
time whatsoever, a manhole casting, storm drainage inlet casting-value
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 surface or sidewalk, barricades,
barrel delineators or other suitable devices provided with a flasher
unit shall be placed over the appurtenance and shall be secured to
prevent toppling or unauthorized removal or tampering and shall conform
with all applicable requirements of the Manual of Uniform Traffic
Control Devices for breakaway in the event of vehicle collisions.
If, in the opinion of the Superintendent, 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.
F.
Should the permittee propose the use of road plates
or other temporary bridging, the specific approval for such items
shall be obtained, in writing, from the Superintendent.
G.
No detours shall be implemented unless specific written
approval has been granted by the Superintendent and the Borough Police
Department. Prior to implementation or approval of any detour, the
permittee must submit a specific application to the Superintendent
and Police Department, such application shall include six copies of
a detour plan, indicating the following information:
(1)
Location of detour, indicating the street from which
traffic is to be detoured and the streets of alternate route.
(2)
The alternate route location.
(3)
A 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. Locations
of all traffic control officers, conforming to the requirements herein.
(5)
Written narrative of the detour plan, indicating the
route of detour, the length of time the detour is to remain in effect,
any traffic control measures and the means to provide access to all
residences and businesses within the detour area.
(6)
Evidence of notification of all agencies, including
but not limited to:
(a)
The volunteer fire company service of the district
in which the detour is located.
(b)
The first aid squad serving the district in
which the detour is located.
(c)
The Board of Education Transportation Coordinator
and Superintendent of Schools.
(d)
The Borough Clerk.
(e)
All other agencies as may be directed by the
Public Works Department.
H.
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 Superintendent, a bona fide emergency condition exists.
I.
Where the need for traffic control directors or flagmen
is indicated, all personnel shall be uniformed and shall have satisfactorily
completed all 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 Tuckerton Borough Chief of Police.
Any person, firm, corporation, utility, quasi-public
body or other entity granted a permit by the Borough of Tuckerton
to open or excavate a trench or other excavation or otherwise disrupt
the surface of any road, street, highway or public thoroughfare of
the Borough of Tuckerton shall accept, as conditions of the granting
of the permit, the following responsibilities:
A.
All liability and responsibility arising from the
street opening covered by the permit, including liability arising
from the opening, construction operations, traffic safety and control
and restoration, holding the Borough of Tuckerton harmless from all
liability.
B.
Compliance with all requirements set forth herein
or as otherwise directed by the Superintendent.
C.
Notice to the Tuckerton Borough Department of Public
Works Superintendent, with a minimum of two working days' notice,
in advance of commencement of street opening work.
D.
Notice to 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.
F.
Prevent, to the extent possible, the inconvenience
to the public due to road opening work and to maintain at all times
safe and efficient traffic circulation around the work.
G.
Provide and maintain proper liability insurance coverage
for work operations, protecting and holding the Borough of Tuckerton
harmless from all suits arising from the road opening.
H.
Provide and maintain safe working conditions for all
personnel and provide adequate workmens' compensation insurance holding
the Borough harmless from all suits arising from injuries sustained
by personnel in the course of the permittee's operations.
I.
Maintain proper barricades, signs, warning devices
and all other traffic safety devices at all times.
J.
Obey all instructions issued regarding the permit
issued by the Superintendent.
K.
Post all required maintenance guaranties as required
and to 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 Public Works Superintendent.
[Amended 11-7-1988 by Ord. No. 18-1988]
A.
All work shall be subject to the inspection by the
Department of Public Works. The Superintendent of Public Works shall
reserve the right to inspect all work relating to the street opening,
including but not limited to the excavation, backfill, bedding, surface
restoration, restoration maintenance and traffic control and safety
measures. In the event that the Borough Superintendent of Public Works
shall at any time determine that any permittee has failed to comply
with any of the terms and conditions and requirements of this article,
the Borough Superintendent of Public Works shall have the right, in
his discretion, to rescind the written permit issued previously to
the permittee, and the permittee shall thereupon immediately cease
any and all excavation or restoration until such time as such permittee
shall have remedied such violation to the satisfaction of the Borough
Superintendent of Public Works.
B.
All restoration work shall be subject to the review
and approval by the Superintendent of Public Works. No surface restoration
shall be considered to be complete or accepted until approved by the
Superintendent of Public Works. Once approved by the Superintendent,
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 of this
article.
C.
In the case of road openings associated with projects
that have received either Tuckerton Borough Planning Board or Zoning
Board of Adjustment approval, as well as all projects of the Tuckerton
Municipal Utilities Authority, it shall be the responsibility of the
Borough Engineer to administer and enforce the provisions of this
article and to make the required inspections, approvals and determinations
otherwise entrusted to the Borough Superintendent of Public Works.
Upon the adoption date of this article, any
excavation, opening, trench or other disruption in the pavement of
any public road, street, highway or thoroughfare of the Borough of
Tuckerton which has been surfaced, resurfaced, constructed or reconstructed
after the effective date of this article shall be prohibited for a
period of five years from the date of the completion of such resurfacing.
The permittee, upon demonstration to the satisfaction of the Superintendent
of Public Works that a bona fide emergency condition exists, may seek
relief from this prohibition.
The permittee shall solely be liable and responsible
for any damages, injuries or claims resulting from the street opening
or restoration or in any connection related to the permit or 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 connection
with the opening or digging of any public road, street or highway
or thoroughfare.
A.
All performance guaranties and maintenance guaranties
shall be drawn in favor of the Borough of Tuckerton, and written evidence
of such indemnification shall be provided to the Superintendent of
Public Works prior to commencement of work.
B.
The permittee shall post with the Superintendent of
Public Works 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 not less than $250,000 for damage to property for each
accident.
C.
The above policies for public liability and property
damage insurance must be so written as to include contingent liability
and contingent property damage insurance to protect the Borough against
claims arising from the operation of the permittee's contractors,
subcontractors or agents.
D.
Indemnification against the liability arising from
the permittee's operations and the street opening or any work in connection
hereof shall protect and hold harmless the Borough of Tuckerton, its
officers, its employees and its agents.
Any person, firm, corporation, partnership,
utility, quasi-public body or other entity violating or failing to
comply with any of the provisions of this article shall, upon conviction
thereof, be subject to punishment by a fine of not more than $1,000
or by imprisonment for a term not to exceed 90 days, or by both fine
and imprisonment, in the discretion of the Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided for each separate offense.
