City of Port Republic, NJ Article I Openings and Excavations

[Adopted 5-11-2010 by Ord. No. 02-2010]

§ 245-1 Definitions.

For purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein:

APPLICANT

Any person making written application to the City of Port Republic for a road opening permit hereunder. If the applicant is a contractor who will be performing the excavation work on behalf of another party, the contractor shall be a co-applicant, and the party on whose behalf the work is being performed shall be the applicant.

CITY

City of Port Republic in the County of Atlantic, State of New Jersey.

CITY ENGINEER

The person appointed to the position of City Engineer or any person authorized to act as his or her representative.

CO-APPLICANT

A contractor who will be performing excavation work on behalf of the applicant and who is jointly and severally responsible and liable along with the applicant for compliance with all terms and conditions of this article and any penalty or claim filed by the City of Port Republic as a result of any violation of this article.

DEPARTMENT HEAD OF PUBLIC WORKS

The person appointed to the position of Department Head of Public Works or any person authorized to act as his or her representative.

EXCAVATION

The digging, displacing, undermining, opening, boring, tunneling, auguring or in any manner breaking up of any improved or unimproved street, sidewalk, curb, gutter or other public property in any roadway or any other portion of a municipal right-of-way.

FISHING

The activity of catching fish, crabs, or other aquatic life, either for food or as sport.

[Added 12-15-2018 by Ord. No. 04-2018]

MAINTENANCE GUARANTEE

Security in the form of either a bond, letter of credit or certified check posted by an applicant or co-applicant to guarantee proper maintenance of the reconstruction of the site of any road opening for a period of two or five years after final acceptance.

PERFORMANCE GUARANTEE

Security in the form of either a bond, letter of credit or a certified check posted by an applicant or co-applicant to guarantee proper closure and satisfactory reconstruction of the road opening.

PERMITTEE

Any person who has been granted and has in full force and effect a permit issued hereunder.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

STREET

Any street; highway; road; roadway; sidewalk; alley; avenue; pavement; shoulder; gravel base; subgrade; curb; gutter, including drainage structures, utility structures, all other appurtenant structures, trees and landscaping; or any other public right-of-way or public ground in the City of Port Republic and under the control of the City of Port Republic.

UTILITY COMPANY

Includes telephone, fiber optic, cable, water, sewer, gas and electric.

§ 245-2 Permit required; emergencies.

A. It shall be unlawful, except in an emergency as set forth in Subsection B hereunder, for any person to engage in any of the following activities, unless such person shall first have obtained a permit therefor from the City of Port Republic as herein provided:

(1) To dig up, excavate, tunnel, undermine or in any manner break up any street.

(2) To make or cause to be made any excavation in or under the surface of any street, to install any street improvements or for any purpose construct, remove or alter improvements which are located within a City of Port Republic right-of-way.

(3) To place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street or drainage.

(4) To perform any other operation on any street which in any manner interferes with or disturbs the surface of such street.

B. Emergencies. In the event that any sewer, main, conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as to seriously endanger persons or property, the owner of such sewer, main, conduit or other installation shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. The City Engineer must be notified immediately of the occurrence. In the event that the City Engineer's office is closed, the notice shall then be directed to the New Jersey State Police, Tuckerton Barracks, at [phone] and the Clerk of the City of Port Republic at [phone]. The necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the City Engineer and shall be completed within the time frames set forth in § 245-5C. Such owner shall not, however, begin making any permanent repairs to such street, alley or sidewalk until he or she shall have secured a permit as hereinafter provided. Such permit shall be applied for within three business days after such break or serious trouble shall have developed, and the necessary permanent repairs to the street, alley or sidewalk shall be made as directed by the City Engineer and shall be completed within the time period stated on the permit.

§ 245-3 Application procedure.

A. A written application for the issuance of a road opening permit shall be submitted to the City of Port Republic, 143 Main Street, Port Republic, New Jersey 08241, with a complete copy of same to the City Engineer. The application shall be made on forms available from the City Engineer and shall include the name and address of the applicant, the owner and the contractor performing the work; the street location of the site to be opened; the exact location of the opening from the nearest road intersection and the location and dimensions of the proposed work area; the purpose of the project and the estimated dates of commencement, completion and restoration of the excavation; and such other data as may reasonably be required by the City Engineer. The application shall also state the name of any and all subcontractors being used for the work, along with the telephone numbers of the contractor, the subcontractors and the applicant. These numbers provided must include ones at which each of the above can be reached 24 hours per day, seven days per week. In lieu of providing these names and numbers, utility companies may provide a twenty-four-hour emergency phone number. The applicant shall certify to the truthfulness of all information on the application.

B. Drawings must be attached to the applications and must be drawn to a scale sufficient to show clearly the proposed work. Plans should show all utilities within 25 feet of the proposed work. The City Engineer reserves the right to require plans or drawings to be drawn by a New Jersey licensed professional engineer. Where the road opening involves a site plan or subdivision plan approved by the Port Republic Planning Board, a copy of the approved site plan or subdivision plan shall be submitted with the application.

C. The City of Port Republic assumes no responsibility for identifying the location or condition of any existing utility lines, cables or other facilities in the review of plans or issuance of any permit. It shall be the responsibility of the applicant to verify the locations of underground utility lines, cables and other facilities and to determine the appropriate scope of the work and safety requirements. Prior to the commencement of work, the applicant shall contact the Garden State Underground Plant Identification Service/New Jersey One Call Service at 1-800-272-1000 (or such other number as the service may from time to time employ), and, if facilities of utilities are located in the vicinity of the proposed excavation, the applicant shall comply with any statutes or regulations pertaining thereto.

§ 245-4 Permit issuance; denial; revocation.

A. Upon application and payment of the fees and deposits for which provision is hereinafter made, the City Engineer, in his or her discretion, may issue a permit to excavate or open the surface of any City road. The permit shall state the name of the applicant, the nature and purpose of the excavation or opening, the location of the opening, and the number of days for which the permit shall remain in force.

B. No permit shall be issued for an opening on any roadway surface which has been resurfaced or reconstructed by the City during the two-year calendar period previous to the application date, except for permits for emergency openings as defined in § 245-2B. The moratorium period shall commence on the date of final acceptance of the road which has been resurfaced or reconstructed.

C. If the application for a permit is denied, the City Engineer shall send the applicant written notification of the denial and shall state the reason for the denial.

D. Any permit issued under this article may be revoked at any time by the City Engineer or the Department Head of Public Works for failure to comply with this article. The Department Head of Public Works or the City Engineer also reserves the right to stop work for failure to comply with this article and/or to order the completion of sufficient work to ensure the safety of pedestrian and vehicular traffic.

E. The City Engineer shall have a maximum of 10 calendar days to review permit applications, commencing upon the date that the City Engineer's office has received a completed permit application and any other information required.

F. No permit shall be issued until the applicant has submitted the bonds and insurance certificate required by §§ 245-6 and 245-8, in a form acceptable to the City Council and the City Insurance/Risk Manager.

§ 245-5 Time limitations; notice; restoration.

A. Null and void permits.

(1) Permits shall become null and void unless work is commenced within 180 calendar days of the issuance of said permit, and permit work shall be diligently pursued until completed unless an extension of time for good cause is granted by the City Engineer, or the City Engineer may declare the permit null and void.

(2) If a permit is revoked or becomes null and void due to the passage of time, then the applicant shall apply for a new permit. The new permit application shall be revised to include any changes in the work or conditions of the work site and shall be accompanied by a new fee.

B. The applicant must give a minimum of 24 hours' notice to the City Engineer prior to performing any work within lands under the jurisdiction of the City of Port Republic, except in cases of emergency as provided for in § 245-2B, and notice of five working days shall be provided for openings which require detours. No opening shall be done on weekends, holidays or at night (sunset to sunrise) without the prior written permission of the City Engineer, unless in cases of emergency. Failure to provide notice as required with this section may result in revocation of the permit and issuance of a stop order. If special conditions require weekend, holiday or night work, the permittee shall obtain the prior written consent of the City Engineer and shall reimburse the City for all overtime costs incurred for its inspectors.

C. All openings must be backfilled immediately and temporarily paved as specified in §§ 245-10 and 245-11, subject to asphalt plant closings in winter months. Permanent pavement restoration shall be done within four weeks of temporary restoration for shallow road openings (four feet or less in depth from finish grade). Permanent pavement restoration for deep road openings (depths more than four feet below finish grade) shall be completed within three months from the time of temporary restoration or when directed by the City Engineer. The applicant shall give a minimum of 24 hours' notice to the City Engineer's office prior to final restoration operations. In addition, the City Engineer's office shall be notified when final restoration is completed.

D. The applicant is responsible for notifying the City Engineer when all work has been completed and is ready for final inspection. All inspections shall be performed during the City's normal business hours. The maintenance of the project shall begin only when the City Engineer has accepted the permanent restoration and the applicant has posted a satisfactory maintenance surety with the City.

§ 245-6 Fees; guarantee requirements.

A. A permit fee shall be charged by the City Engineer for the issuance of a permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The permit fee shall be in an amount varying with the size of the road opening. Permit fees will be waived for public entity applicants, including but not limited to the State of New Jersey, the County of Atlantic and all municipalities. Municipal and county utilities authorities are subject to the permit fees. All applicants for permits, public or private, shall be subject to all restoration, insurance and performance and maintenance bond provisions of this article, whether or not they are also subject to payment of permit fees. Permit fees shall be fixed as follows:

(1) Base fee: $50. The base fee is due for every permit application.

(2) In addition to the base fee, the following fees are added as applicable:

(a) Trench openings (including boring or driving small-diameter utility services). Subtract 25% from fees if trench is located in a gravel or shoulder area, exclusive of ancillary road openings which have an aggregate length of less than 50 linear feet. Add 50% to fees if trench is over six feet deep.

	Description (linear feet)	Fee
	Up to and including 50	$100
	Over 50 and less than 1,000	$100, plus $50 for every 50-linear-foot section or portion thereof over 50 linear feet
	Over 1,000	$1,000, plus $500 for each 1,000 linear feet or portion thereof over 1,000 linear feet

(b) Road widening.

	Description (square yards)	Fee
	Up to and including 300	$250
	Over 300	$250, plus $75 per 100 linear square yards or portion thereof over 100 square yards

(c) Curbs, sidewalks and/or gutters.

	Description (linear feet)	Fee
	Up to and including 100	$100
	Over 100	$100, plus $75 per 100 linear feet or portion thereof over 100 linear feet

(d) Driveways.

[1] Residential driveways: no charge over a base fee of $50. No additional application or inspection fees are required. However, plans and insurance are required. If the work is to be performed by the applicant, insurance shall be required in accordance with § 245-8E(1). If any of the work it to be performed by a contractor, insurance shall be required in accordance with § 245-8E(2).

[2] Commercial, industrial and institutional driveways.

	Description (feet in width)	Fee
	Up to and including 25	$150
	Over 25	$250

(e) Boring, driving, jacking, auguring under roadway, microtunneling, directional boring and similar methods.

[1] Boring and driving small-diameter utility services included in Subsection A(2)(a), Trench openings.

[2] Boring and driving (up to six-inch diameter): $125.

[3] Jacking, auguring, microtunneling, directional boring and other methods (over six-inch diameter): $125, plus $50 for every 250 linear feet or portion thereof over 250 linear feet.

(f) Direct burial cable (by a Ditch Witch or similar narrow-trench direct burial process).

	Description (linear feet)	Fee
	Up to and including 250	$125
	Greater than 250	$125, plus $50 for every 250 linear feet or portion thereof over

Note: Applies to cables requiring a maximum trench width of six inches in a gravel, earth or grass shoulder area only. For cables requiring greater trench widths, the trench opening fee schedule applies.

B. Guarantee requirements.

(1) Surety.

(a) Applicants or their contractors shall be required to post surety, in a form acceptable to the City Council. The surety shall include a performance guarantee that the road opening will be properly closed and that the road, street or highway over the road opened will be satisfactorily reconstructed. The surety shall also include a maintenance guarantee which shall ensure that the road as reconstructed will remain in good condition after the work has been accepted.

(b) The performance guarantee shall not be required if the applicant has already posted a performance guarantee with the City as a condition of a site plan or subdivision approval. Proof of the posting must be supplied with the permit application. Applicants who have posted an approved performance guarantee with the City shall still be required to post a maintenance guarantee in accordance with § 245-6B(3) or (6).

(2) Performance surety amount. The performance surety fees shall be fixed as follows:

	Item			Fee
	Trench openings. For both of the below, add 50% to the surety amount if the trench depth exceeds 6 feet
		For paved trenches
			Up to and including 50 linear feet	$1,500
			Over 50 linear feet	$1,500, plus $30 per linear foot over the original 50 linear feet
		For gravel and grass shoulder
			Up to and including 50 linear feet	$750
			Over 50 linear feet	$750, plus $10 per linear foot over the original 50 linear feet
	Roadway widening
		Up to and including 50 square yards		$1,500
		Over 50 square yards		$1,500, plus $30 per square foot over the original 50 square yards
	Curbs, sidewalks and/or gutters
		0 to 50 feet		No surety required
		Over 50 feet but less than 100 feet		$1,500
		Over 100 feet		$1,500, plus $15 per foot over the original 100 feet
	Driveways
		Residential driveways		No surety required
		Commercial, industrial, institutional and all other driveways		$1,500 each
	Borings, driving, jacking, auguring under roadway, microtunneling, directional boring and similar methods (For boring or driving small-diameter utility services associated with a trench opening, use surety requirements in trench openings above.)
		Boring and driving (6-inch diameter or less)		$1,500, plus $30 per linear foot
		Jacking, auguring, microtunneling, directional boring and other methods (over 6-inch diameter)		$12,000, plus $100 per linear foot
	Direct burial cable (by a Ditch Witch or similar narrow-trench direct burial process)
		Up to and including 250 linear feet		$500
		Over 250 linear feet		$500, plus $2 for every 250 linear feet or portion thereof over 250 linear feet

(3) Maintenance bond.

(a) The maintenance bond will serve to guarantee that the road as reconstructed will remain in good condition and free of defects after acceptance as follows:

[1] For a period of five years after the date of acceptance for work which involves trenches within a paved road surface, which have a depth of six or more feet from the road surface; or

[2] For a period of two years after the date of final acceptance for all other work, which requires a permit as set forth herein.

(b) No performance bond shall be released prior to the submission of a maintenance bond.

(c) The maintenance bond amount shall be 50% of the performance bond amount.

(4) All bonds submitted must meet the following minimum requirements:

(a) The bond must have an identifying number.

(b) The name and address of the principal must be listed on the bond, and, in the case of a corporation or partnership, the state of incorporation or partnership must be noted.

(c) The name and address of the surety company must be listed on the bond, and, in addition, the company must be authorized to issue bonds in the State of New Jersey pursuant to the New Jersey Department of Insurance.

(d) The amount of the bond must be in accordance with the bond fee schedule established for performance and/or maintenance bonds in § 245-6A(2)(b) or (c).

(e) The work to be performed must be clearly defined in the bond.

(f) The lot and block number, street address and the City road opening permit application number must be listed on the bond.

(g) Determination of the acceptability of all the work covered by the bond shall be at the sole discretion of the City Engineer and the Department Head of Public Works.

(h) The term or expiration date of the bond must be clearly stated and must conform with the time periods set forth in § 245-6B(3) above.

(i) The manner in which a bond may be called in the event of nonperformance must be specified in the bond.

(j) The bond shall be signed and attested to by the appropriate persons for the principal and the surety company, together with the appropriate form of notarization.

(k) Samples of acceptable bond forms are available upon request from the City Engineer.

(5) In lieu of bonds, a certified check in the full amount required to guarantee performance and maintenance may be provided. The amount of the surety may be reduced by 50% for the maintenance surety period.

(6) In lieu of bonds, an irrevocable letter of credit in the full amount required to guarantee performance and maintenance may be provided. The amount of the surety may be reduced by 50% for the maintenance surety period. Letters of credit must be submitted in substantially the same form as the sample which is available upon request from the City Engineer.

(7) A utility company may, in lieu of giving a separate bond for each project, annually in January of each year, post a blanket performance/maintenance bond or a corporate bond in an amount equivalent to the highest bonding fee applicable for a single excavation during the prior calendar year; provided, however, that when, in the opinion of the City Engineer, the openings or trenches contemplated by an application exceed the amount of the bond posted, additional bonds or cash security will be required.

(8) All checks and bonds and letters of credit under this article shall be submitted to the City Engineer and shall be made payable to the City of Port Republic. Cash will not be accepted. The City Engineer will forward all checks to the City of Port Republic. Performance bonds will be forwarded to the City Council for review and approval and then returned to the City Engineer. Performance bonds will be held until receipt of the certification of satisfactory completion issued by the City Engineer. Performance bonds shall not be released until satisfactory maintenance bonds have been posted as required by this article.

(9) If it becomes necessary for the City to sue under a performance bond or maintenance bond or letter of credit because of unsatisfactory work, and if the cost of the corrective work exceeds the original bond value, the City reserves the right to recover the extra cost from the applicant.

§ 245-7 Liability for damages.

Upon receipt of the permit, the applicant agrees that he or she shall defend and save the City of Port Republic harmless from any and all claims of any nature arising out of the construction and road opening work covered by the permit and also agrees that the City of Port Republic in issuing the permit shall not assume liability in connection therewith. In the event of any suit or claim against the City due to the negligence or default of the permittee, the City shall give written notice to the permittee of such suit or claim. Any final judgment requiring the City to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable to repay the City for its costs in connection with such suit.

§ 245-8 Insurance requirements.

A. The permittee and any contractor hired by the permittee shall provide insurance coverage of such types and in such amounts as will completely protect the permittee, contractor and the City, its elected officials, officers, agents, servants, employees and assigns against any and all risks of loss or liability arising out of any work under this permit. The insurance must be furnished by insurance companies authorized by the Commissioner of Insurance to do business in the State of New Jersey and must be approved by or acceptable to the City Risk Manager. The permittee shall furnish the City with certificates of insurance naming the City as an additional insured and providing further that any liability insurance coverage shall be considered as primary and not as excess insurance, describing the types and amounts of insurance, identifying the coverage to this permit by reference and providing for 30 days' written notice to the City, by registered mail, prior to any modification, cancellation, nonrenewal or other change in coverage. The policies must be effective prior to the commencement of work and must remain in force until the certificate of satisfactory completion is issued by the City Engineer. If the permittee returns to the site to perform maintenance work during the maintenance period, a current certificate of insurance must be provided to the City at that time.

B. The following are the minimum mandatory types and amounts of insurance coverage to be carried in accordance with this article:

(1) Workers' compensation: statutory limits; employer's liability: unlimited.

(2) General liability in a comprehensive form with a minimum limit of $1,000,000 CSL, including:

(a) Premises-operations.

(b) XCU.

(c) Blanket contractual.

(d) Products-completed operations.

(e) Broad-form property damage.

(f) Independent contractors and subcontractors.

(g) Personal injury.

(3) Motor vehicle liability insurance in a comprehensive form with a minimum of $1,000,000 CSL, including:

(a) Owned automobiles.

(b) Hired automobiles.

(c) Nonowned automobiles.

C. Utility companies may submit blanket insurance certificates from themselves and/or their contractors which shall be valid until the expiration of the coverage listed thereon.

D. The permittee shall provide proof that any contractors or subcontractors have in force during the term of this permit insurance equal to the coverages as herein set forth or shall make arrangements to ensure that the activities of any contractors or subcontractors are included under the permittee's policy. If the contractor does not have adequate insurance, then the permittee must agree to indemnify the City for all of the contractor's actions. Neither approval by the City nor failure to disapprove certificates of insurance furnished by the permittee shall release the permittee of full responsibility for all liability and casualty claims or losses. Insurance is required as a measure of protection, and the permittee's liability is not limited thereby. The certificate shall be subject to the review and approval of the City Insurance/Risk Manager. If at any time during the term of this permit or any extension thereof any required policies of insurance should expire or be canceled, it will be the responsibility of the permittee to furnish to the City a certificate of insurance or an acceptable replacement of the expiring policy prior to the expiration or cancellation date so that there shall be no lapse in any coverage.

E. Residential driveways.

(1) The permittee shall provide to the City a copy of a current liability policy insuring the premises in question where the driveway is being constructed; the policy shall be necessary if the work is to be performed by the applicant/policyholder. The minimum limits of liability coverage must be $300,000.

(2) If any of the work is to be performed by an outside contractor, the contractor must supply an insurance certificate meeting the requirements set forth in Subsections A, B and D of this section.

§ 245-9 Traffic control.

A. The permittee shall take appropriate measures to assure that, during the performance of the excavation work, both vehicular and pedestrian traffic, as applicable, shall be maintained as nearly normal as practicable. The permittee shall plan and carry out his or her work to provide for the safe and convenient passage of such traffic and to cause as little inconvenience as possible to the occupants of adjoining properties. The permittee shall notify the owners of adjoining properties at least 48 hours prior to the time he or she proposes to begin any work which will interfere with their normal passage and must provide the Department Head of Public Works with proof of such notice. If an opening requires a detour, then five days' notice is required.

B. The permittee shall open no greater part of a roadway or pedestrianway than shall be reasonably necessary as determined by the City Engineer or the Department Head of Public Works.

C. The permittee shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices in accordance with Section 110 of New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1989, and any amendments thereto, and in accordance with any directions of the City Engineer or the Department Head of Public Works and shall take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during hours of darkness. Barricades must have a twenty-four-hour accessible phone number stenciled on the barrel or barricade. Specified warning signs shall be provided to properly control and direct traffic. The permittee shall erect warning signs at a reasonable distance ahead of any place where operations may interfere with the use of the road by traffic. All barricades, warning signs, lights and other protective devices shall conform with the United States Department of Transportation Manual on Uniform Traffic Control Devices and any amendments thereto. The use of flagpersons is encouraged on all construction and may be deemed mandatory by the City Engineer. Use of two flagpersons shall be deemed mandatory if one lane of traffic is to be closed. All flagpersons must have orange safety vests, shall use stop/slow paddles and shall be trained in proper traffic control procedures. Off-duty police officers shall be employed for traffic control where required by the City Engineer.

D. In the event that it will become necessary to close off any street to pedestrian or vehicular traffic, the permittee shall provide a detailed detour plan to the City Engineer and appropriate municipal authority for their approval. This plan shall be prepared by a New Jersey licensed professional engineer and shall be submitted at the time of application. The permittee shall notify the City Engineer at least five working days in advance of putting the detour in effect so that the City Engineer shall have sufficient time to notify the police and the media of the detour. The permittee shall be responsible for the repair and maintenance of such detours, the regulation and direction of traffic thereon, and signing. Uniformed traffic control personnel wearing safety vests and using paddles for traffic control shall be provided at selected locations on all detours as determined by the local Police Department. The cost of all work with such detours shall be borne by the permittee.

E. The excavation work shall be performed and conducted so as not to interfere with access to emergency facilities (i.e., fire stations, police stations, hospitals, etc.). Passageways leading to fire escapes, fire-fighting equipment and emergency accessways shall be kept free of obstructions.

§ 245-10 Safety requirements.

It shall be the responsibility of the applicant to conduct, install and maintain all work permitted by or subject to this article in a manner which ensures the continuing safety and protection of the public.

A. All openings must be backfilled immediately and temporarily paved the same day as the opening is made. Final restoration must be performed within the time periods described in § 245-5C.

B. If the nature of the work requires leaving an excavation unfinished overnight or for an extended period of time, the permittee shall obtain written authorization from the City Engineer at least five days in advance of construction. Alternatively, in case of an emergency, the permittee shall notify the City Engineer's office by phone. The permittee shall place safety barriers with appropriate lighting around the unfinished excavation area. The barriers and lighting devices shall conform to the specifications set forth in the United States Department of Transportation Manual on Uniform Traffic Control Devices and any amendments thereto, Part VI, except that the permittee must place his or her name and a phone number where he or she can be reached at all times on these barriers. He or she shall also notify the City Engineer and local municipal authority of the condition of the unfinished excavation and furnish the above with his or her name and phone number where he or she can be reached at all times.

C. Any portions of work areas not closed to traffic shall be brought to the existing grade with at least six inches of bituminous stabilized base, Mix I-2, applied over a six-inch subbase of dense graded aggregate. All lifts must be mechanically compacted and continuously maintained until final restoration is performed.

D. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and/or pedestrian crossings. The applicant shall submit all plans, design calculations and specifications to the City Engineer at the time application is made.

E. It shall be the responsibility of the applicant to secure information regarding buried utilities by contacting the Garden State Underground Plant Identification Service/New Jersey One Call Service at 1-800-272-1000 (as specified above in § 245-3C) and to undertake such measures as may be required to ensure the safety and protection of underground utilities within the work area.

F. The permittee and contractor shall comply with the OSHA trench sheeting regulations and with all other OSHA regulations and with any other applicable laws in the performance of the work.

G. No construction activity shall begin on any day until all traffic control devices are in place.

§ 245-11 Construction and restoration specifications.

A. Street and improvement construction and restoration shall conform to the NJDOT Standard Specifications for Road and Bridge Construction. However, the City Engineer may require specific road and improvement restoration standards or specific street improvements based upon a review of the applicant's plans and specifications and after considering the impact of the project on the street and its users.

B. Trenches and other open excavations shall be backfilled with clean granular soil free of excessive fines in lifts not to exceed 18 inches in height. Compaction shall be done with vibratory tampers such as jumping jacks, hoe packs, Dynapacks or other equipment acceptable to the City Engineer. Vibratory plate compactors shall not be used. Puddling of backfill is strictly prohibited. Excess backfill shall be removed from the site. If there is a deficiency of backfill material, additional backfill material shall be supplied by the permittee. Whenever the City Engineer deems the backfill material unsatisfactory, the permittee shall provide acceptable material that is clean, granular and free from excessive fines. Ninety-eight-percent relative compaction is required for all backfill operations. The City Engineer may require the permittee to have a certified soil testing laboratory test backfill for compaction at any given lift. These tests shall be done at the expense of the permittee, and a copy of the test results shall be furnished to the City Engineer. If the certified laboratory test results do not achieve the ninety-eight-percent relative compaction required, the City Engineer may require re-excavation and compaction.

C. In all roadways except those with a concrete face, the permittee shall restore said road or street with a compacted subgrade of material acceptable to the City Engineer, six inches of compacted dense graded aggregate and a temporary pavement consisting of six inches of bituminous stabilized base, Mix I-2. The top of the bituminous stabilized base course shall be brought even with the existing finished grade of the roadway. Cold patch will not be permitted as a temporary pavement course unless the asphalt plants are closed during the winter months. The temporary pavement shall stay in place for a period of at least four weeks unless further time is deemed necessary by the City Engineer. In general, deeper excavations shall require longer periods of time for soil consolidation. The permittee is responsible for maintaining the temporary pavement in passable condition and shall apply additional courses or skin patches as indicated in § 245-5C. Immediately prior to applying the surface course, the permittee shall mill out the temporary pavement above the trench and to sufficient widths on both sides of the trench to assure straight and uniform surface restoration limits. At a minimum, the mill course shall consist of the width of the trench at the road surface plus one foot on each side of the trench. The milling depth shall be two inches. The permittee shall then apply a tack course followed by two inches of bituminous concrete, Mix I-4. Alternatively, a thin sand-release layer may be applied beneath the temporary bituminous stabilized base course so that the course may be replaced with final pavement or other method, subject to prior approval by the City Engineer. The total width of the restored roadway surface shall comply with the policies stated in Subsection D. Roadways with a concrete base shall be restored using a combination of concrete and asphalt as approved by the City Engineer. The time limitations prescribed in § 245-5C also apply to this section.

D. Surface restoration.

(1) Road surface restoration standards are further delineated as follows:

(a) Paved shoulders: standard full-width trench restoration, plus one foot on each side of the trench as further described in Subsection B above.

(b) One travel lane or deceleration lane. Surface restoration shall extend for 1/2 of the road width for a two-lane road and a full lane width for a multilane road.

(c) Openings down the middle of a road or exceptionally deep trench openings. Surface restoration shall extend across the full width of the paved road.

(2) All final edges of trench restoration shall be straight, uniform cuts with no keys or edge realignments. The City Engineer may require a diamond restoration pattern for cross trenches and intersection crossings depending upon the amount of traffic on the road and the depth of the trench. The permittee is responsible for the full restoration of the roadway surface, including restriping and installing raised pavement markers.

E. Pipes, conduits and hookups, six inches in diameter or less, used for making opposite-side-of-the-street hookups shall be driven or bored under the paved portion of the road or street without disturbing the surface.

F. Upon completion of the work, the applicant will request a final inspection by the City Engineer's office. The City Engineer may require that random core samples be taken on the project if, in the opinion of the City Engineer, there appears to be a question regarding either quality of the asphalt or the thickness thereof. These core samples will be the responsibility of the contractor and shall be taken and tested by a certified testing laboratory. All costs associated with this testing will be borne by the permittee. If these samples reveal the use of improper material or insufficient thickness, the permittee shall be required to remove, replace, add or take other actions to satisfactorily complete the restoration work as directed by the City Engineer. If the work is completed in a manner satisfactory to the City Engineer, the City Engineer will then issue a certificate of satisfactory completion to the applicant, with a copy to the City of Port Republic and to City Council. The permittee will then submit the maintenance guarantee to the City Engineer's office for review and submission to City Council. The performance surety will be returned by the City of Port Republic or City Council upon receipt of a satisfactory maintenance guarantee.

G. In any case where the permittee has not complied with the regulations of this article to the satisfaction of the City Engineer or his representative, the City Engineer, without notice, may cause the work to be satisfactorily accomplished, and the cost shall be deducted from the performance bond made by the applicant. In addition, failure to complete the work in a timely and satisfactory manner shall be deemed to constitute a violation of this article.

H. Restoration of traffic markings.

(1) All traffic striping damaged during construction shall be restored with temporary striping that same day. Final traffic striping and symbol restoration shall consist of thermoplastic materials.

(2) All traffic control signs removed for construction activities shall be reinstalled that same day.

(3) All raised pavement markers affected by construction shall be replaced with new units of the same design.

I. All driveways damaged during construction shall be restored with the same material and size existing prior to construction. Minimum restoration depths shall be six inches.

J. All landscaping damaged during construction shall be restored in kind to the size and density existing prior to construction. Lawn areas shall be restored with four inches of loamy topsoil and two applications of hydroseeding. The City Engineer may require sod restoration if conditions preceding construction so warrant.

§ 245-12 Violations and penalties.

Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article one year after the date of previous violation and who is fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.