The type of material used for backfill and the method of backfilling
shall be specified by the Superintendent of Public Works or his/her
designee so as to ensure the restoration of a street or road to its
prior condition. For the purpose of establishing specifications for
said restoration, the specifications promulgated by the Department
of Transportation of the State of New Jersey shall serve as a guideline
for a street restoration, but the ultimate decision shall be made
with the consultation of the Borough Engineer and the Public Works
Superintendent. All excavations shall require dewatering equipment
to be present of site.
Street opening permit involving excavation and/or modification
to any pavement, curb, driveway apron, drainage structure or other
Borough improvements shall be accompanied with a performance guarantee
and inspection fee calculated by the Borough Engineer.
No permit shall be issued until the applicant has furnished
the Borough with satisfactory proof of insurance on which naming the
Borough of Lavallette as an additional insured, indemnifying and holding
harmless the Borough and its agencies, employees and agents against
injury to persons and damage to property caused by any act or omission
of the applicant, his agents, employees or subcontractors done in
the course of the work to be performed under the permit. The insurance
shall cover all hazards likely to arise in connection with the work,
including, but not limited to, collapse and explosion, and shall also
insure against liability arising from completed operations. The limits
of the policy of insurance shall be $1,000,000 for injury to any one
person, $500,000 for property damage for a single incident. In cases
where the character or nature of the proposed excavation work are
such as to present an unusual hazard of a higher than normal risk
of damage or injury the Borough may require increased amounts of liability
and property damage insurance.
No street opening permit shall be issued by the Borough Clerk
to any person allowing an excavation or opening in a paved, reconstructed
or resurfaced street less than five years old unless an emergency
condition exists. This section may be appealed to the Mayor and Council
upon the recommendation of the Borough Engineer with his suggestions
as to how the road can be restored to the condition prior to the excavation.
This may include the utilization of infrared backfilling, if necessary.
It shall be the duty of every person or persons or corporation
engaged in digging down any street, in paving any street or section
of a street, building any sewer or drain, digging any trench for gas
pipes or water pipes or making any opening or excavation in any of
the public streets where such work, if left exposed, would be dangerous
to passengers, to erect a fence or railing at such excavation or work
in such a manner as to prevent danger to passengers who may be traveling
such streets and to continue and keep up the railing or fence until
the work shall be completed or the obstruction or danger removed;
and it shall also be the duty of such person or persons or corporation
to place upon such railing or fence, at twilight in the evening, suitable
and sufficient lights and keep them burning through the night during
the performance of such work under penalty as provided in the general
civil fine section for every neglect or violation of any to the provisions
of this section.