[HISTORY: Adopted by the Township Council
of the Township of Pohatcong 4-11-2000 by Ord. No. 00-21. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Pohatcong Township Street Opening Ordinance."
These rules and regulations have been promulgated
to provide standards for excavations within Township streets and to
provide for the protection of public street surfaces to ensure safe
and efficient vehicular and pedestrian circulation.
The provisions of this chapter shall be administered
by the governing body of the Township of Pohatcong.
A.
In interpreting and applying the provisions of this
chapter, they shall be held to the minimum requirements adopted for
the promotion of the public health, safety, morals, convenience and
general welfare.
B.
Where the provisions of this chapter impose greater
restrictions or higher standards than those of any statute, other
ordinance or regulation, the provisions of this chapter shall govern.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions or higher standards than this chapter,
the provisions of such statute, ordinance or regulation shall govern.
No person, persons, partnership, association
or corporation shall excavate, dig, test drill, tunnel, construct
or reconstruct or otherwise disturb any public street, road, highway,
curb, sidewalk, culvert, utility structure or other public improvement
or facility located within any public right-of-way, easement, or property
of the Township of Pohatcong, for the purpose of laying, changing,
repairing, connecting, constructing or maintaining any water, gas,
sewer pipe, or any electric, telephone, telegraph pipes or conduits,
or for any other purpose whatsoever, without first having obtained
a permit from the Township, in accordance with the rules and procedures
specified herein.
A.
Permit duration. Permits shall be valid for one year
from the date issued. After said date, the permit will be void and
a new permit must be obtained. If an extension is necessary to complete
all work included under the permit, a request in writing must be made
to the Township.
B.
Permit extensions. A permit may be renewed or extended
for a period of time not to exceed the total time of the original
permit, upon request of the permittee and upon payment of a new fee.
C.
Permits issued under the provisions of this regulation
are not transferable.
D.
Revocation of permits. Permits may also be revoked
at any time if it is found by the Township that the permittee has
failed to comply with the provisions of this regulation or the permit,
provided that written notice has been given to the permittee of such
failure and that the permittee has failed to correct the defect. If,
after permit revocation, it becomes necessary for the Township to
either complete the work or to refill and repair the opening, the
cost of such work by the Township will be recovered through the performance
guaranty which was posted by the permittee.
A.
The provisions of this regulation shall not apply
to work involved within the rights-of-way of roads or easements owned,
regulated and within the responsibility of the County of Warren or
the State of New Jersey, or their various departments, bureaus or
agencies.
B.
The provisions of this regulation shall not apply
to the installation, erection, replacement or maintenance of wood
utility poles for electric distribution, telephone or telegraph installations,
nor to such other appurtenances such as stub poles, anchors, guys
or ground lines, incidental to these poles, where such poles and appurtenances
belong to any of the franchised public utility companies operating
within the county.
A.
Applications for street opening permits shall include
the following information:
(1)
Street opening application form. Application forms
shall be obtained from the Township Clerk or Township Engineer.
(2)
Plan or sketch showing the location of the proposed
work in relation to existing streets; existing facilities such as
pavement, curbing, sidewalk, driveways, drainage facilities and utilities
in the work area; and details of the proposed work including limits
and depth of excavation, proposed facilities, and trench restoration
details.
(3)
Estimate of quantities and cost of the work within
the Township right-of-way.
(4)
Application fee and escrow deposit.
(5)
Performance guaranty.
(6)
Certificate of insurance.
B.
The application shall include the name of the individual,
firm, partnership, corporation or utility company for whom the work
is being performed. The application shall be signed by a duly authorized
officer or agent of the company for whom the work is being performed.
C.
The application and supporting documents shall be
submitted to the Township Engineer.
D.
The Township Engineer shall be the issuing authority
for street opening permits. Upon receipt of an application for a street
opening permit, the Township Engineer shall submit one copy of the
application to the Township Attorney for review.
E.
The Township Attorney shall review the application
and provide comments to the Township Engineer.
F.
Upon completion of his review, the Township Engineer
shall notify the applicant either that the application is approved
or denied along with reasons for the denial. If, however, additional
information is deemed necessary to complete his review, the Township
Engineer shall notify the applicant of the additional information
which is required to be submitted.
G.
A copy of the street opening permit shall be maintained
on the work site by the contractor/permittee for inspection upon request
by the proper authorities.
H.
All applicants granted a street opening permit shall
be responsible for properly conducting the work in accordance with
the requirements of this chapter.
The application fee for a street opening permit shall be in accordance with the fee schedule in Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
A.
A performance guaranty in the amount equal to 120%
of the construction cost estimate shall be provided as security for
the faithful performance of all work. The performance guaranty shall
be a certified check, bank draft, irrevocable letter of credit or
performance bond. Surety company bond forms meeting the requirement
of the State of New Jersey are acceptable. The performance guaranty
will be returned to the applicant upon successful completion of all
work and acceptance by the Township. If all work is not completed
in conformance with the permit requirements, the Township may, at
its option, use the performance guaranty to complete all work affecting
the Township facility.
B.
Public utilities. Public utility corporations of the
State of New Jersey may, in lieu of the above performance guaranty,
file a corporate bond on a yearly basis in an amount of $10,000. Such
corporation bond would cover all construction operations of the public
utility corporation within the county, thereby exempting said utility
from the necessity to file performance guaranties for individual opening
projects. However, such public utility corporations, operating under
the terms and protection of a corporate bond, will still be required
to make application for each opening permit, to file the application
fee and to pay all costs to the Township.
[Amended 12-18-2018 by Ord. No. 18-08]
A.
Upon satisfactory completion of the work, the permittee shall provide
a maintenance guaranty in the amount of 5% of the final construction
cost to be in effect for a minimum period of one year. The maintenance
guaranty shall be a certified check, bank draft, letter of credit
or maintenance bond.
B.
Public utility corporations of the State of New Jersey may, in lieu
of providing a maintenance guaranty for each project, provide a blanket
guaranty or warranty in lieu of a maintenance bond.
A.
The permittee/contractor who will actually be performing
the work shall continuously maintain insurance and other security
for adequate protection of all his work from damage and shall protect
the Township's property from damage, injury or loss arising in connection
with the contract. The permittee/contractor shall completely indemnify
the Township in regard to any such damage, injury or loss. The permittee/contractor
shall take all necessary precautions for the safety of personnel on
the work site and shall comply with all applicable provisions of federal,
state and municipal safety laws and building codes to prevent accidents
or injury to persons on, about or adjacent to the premises where the
work is being performed. The permittee/contractor shall erect and
properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection
of workmen and the public. If it becomes necessary for the permittee/contractor,
either as principal or by agent or employee, to enter upon the premises
or property of the Township in order to construct, erect, inspect,
make delivery, or remove property hereunder, the permittee/contractor
hereby covenants and agrees to take, use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against
the occurrence of happenings of any accidents, injuries, damages or
hurt to any person or property during the progress of the work herein
covered, and to be responsible for and to indemnify and hold harmless
the Township from the payment of all sums of money by reason of all,
or any, such accidents, injuries, damages, or hurt that may happen
or occur upon or about such work.
B.
The permittee/contractor who will actually be performing
the work shall procure and maintain:
(1)
Worker's compensation and employer's liability insurance
in conformance with all statutory requirements prescribed by law,
which shall be maintained in force during the life of this permit
by the permittee/contractor, covering all employees engaged in performance
of this permit in accordance with the applicable statute.
(2)
General liability insurance with limits of not less
than $1,000,000 for any one person and $1,000,000 for any one accident
for bodily injury and $300,000 aggregate for property damage shall
be maintained in force during the life of the permit by the permittee/contractor.
The permittee/contractor shall procure and maintain an umbrella or
excess policy with limits of not less than $5,000,000 for any one
person or any one accident for bodily injury, unless a lesser limit
is approved by the Township. In the event more than one insured is
named in the policy, a cross-liability endorsement shall be included
which provides that the employees of each of the named insured are
not excluded under the policy in respect to claims that are made against
other named insured.
(3)
Automobile liability insurance covering permittee/contractor
for claims arising from owned, hired and no-owned vehicles with limits
of not less than $1,000,000 for any one person and $1,000,000 for
any one accident for bodily injury and $500,000 each accident for
property damage, shall be maintained in force during the life of this
permit by the permittee/contractor.
C.
Lesser insurance coverages may be allowed for projects
with moderate or medium liability exposure in accordance with the
Township's insurance coverage guidelines. Major or high hazard projects
undertaken may require higher limits and specific coverages as recommended
by the Township's insurance agent.
D.
A thirty-day notice of cancellation provision shall
be provided.
E.
Certificates of the required insurance as listed above
shall be submitted with the Township of Pohatcong and the Township
Engineer listed as additional insureds.
F.
Public utilities and municipalities may submit insurance certificates
on an annual basis.
[Added 12-18-2018 by Ord.
No. 18-08]
Whenever the governing body enacts any ordinance
or resolution providing for the reconstruction or resurfacing of any
street, the Township Clerk shall promptly mail a written notice thereof
to all owners of utilities within said street. Such notice shall notify
the utility owner that street opening permits for said street will
not be issued for a period of five years after the date of enactment
of the ordinance or resolution. The notice shall also advise that
any application for street opening permits in said street shall be
promptly submitted in order that the excavation work can be done prior
to the street being repaved. During the five-year period no street
opening permit shall be issued to excavate a newly reconstructed or
resurfaced street unless, in the judgment of the Township, an emergency,
as described in this chapter, exists which makes it essential that
the street opening permit be issued.
In the event of an emergency in which a sewer,
water main, gas line or other conduit breaks or bursts such as to
endanger the property, life, health or safety of any individual, the
person, firm or corporation owning such line, without first applying
for a street opening permit, shall immediately notify the Police Department
and then take proper action to cure or remedy the hazardous situation.
After remedying the immediate situation, the person or firm owning
the utility line shall apply for a street opening permit in accordance
with the provisions of this chapter within 48 hours of the repair.
The owner shall not proceed with any permanent repair until he has
first obtained a street opening permit.
A.
No part of any Township road right-of-way shall be
used for the conduct of private business. The road right-of-way is
to be kept clear of buildings, sales or merchandise displays, vehicular
parking areas, servicing of vehicles, service equipment and appurtenances
thereto.
B.
It shall be unlawful to fill, cause to be filled or
allowed to be filled any gutters, ditches, inlets, pipes and storm
drain facilities along any Township streets, roads, highways, alleys
or other public ways.
C.
It shall be unlawful to deposit, throw, spill or dump
dirt, ashes, soil, stones or any other material upon any street, road,
highway, alley or other public way, or on any portion thereof, or
causing or permitting the same to be done.
D.
It shall be unlawful to divert surface or other waters
onto any Township street, road, highway, alley or other public way.
The Underground Facility Protection Act (N.J.S.A.
48:2-73 et seq.) requires all excavators to notify the One-Call Damage
Prevention System prior to excavation or demolition.
A soil erosion and sediment control permit may
be required for construction activities pursuant to N.J.S.A. 4:24-39
et seq. It is the applicant's responsibility to contact the Warren
County Soil Conservation District located in Hackettstown, New Jersey,
to determine what is required.
A.
Work schedule. No work on this permit shall be performed
on Saturdays, Sundays or legal holidays. The Township may waive this
requirement only if it is in the Township's best interest for public
safety or construction conditions that warrant job continuation.
B.
Accident prevention. The permittee/contractor shall
take all necessary precautions to ensure safety at all times with
all construction-related activities. The U.S. Department of Labor,
Occupational Safety and Health Administration (OSHA) Regulations 29
CFR, shall be complied with at all times. The permittee's/contractor's
attention is particularly directed to the requirements of the current
Construction Safety Code promulgated by the New Jersey Department
of Labor and Industry, Bureau of Engineering and Safety. Article 3.6
of the Construction Safety Code states the requirements regarding
reporting of accidents involving injury, loss of life and property
damage. Failure to comply with applicable safety standards will result
in appropriate action by the Township to ensure that safety is maintained
on the project.
C.
Maintenance and protection of traffic. The permittee/contractor shall
be responsible for maintenance and protection of traffic during construction
along or adjacent to the roadway. The current edition of the Manual
on Uniform Traffic Control Devices for Streets and Highways (MUTCD),
U.S. Department of Transportation (USDOT), and all amendments thereto,
shall govern the maintenance and protection of traffic during construction.
The Township may specify that the permittee/contractor prepare a traffic
control plan to ensure the safe and expeditious movement of traffic
through work zones. Applicants shall contact the police department
for traffic control input and/or assistance at least 72 hours prior
to the commencement of work.
[Amended 12-18-2018 by Ord. No. 18-08]
D.
Commencement of work. Prior to the commencement of work, the permittee/contractor
shall call the New Jersey One-Call Damage Prevention System (1-800-272-1000)
for the mark out of all underground utilities. At least 24 hours before
the permittee/contractor plans to commence work under a street opening
permit, the permittee/contractor shall advise the local police chief
that the work is to start. The permittee/contractor shall also contact
the Township's department of public works for the mark out of
any Township owned facilities.
[Amended 12-18-2018 by Ord. No. 18-08]
E.
Supervision. The permittee/contractor shall have a
qualified supervisor at the site of the opening work during all working
hours.
F.
Inspection. The Township Engineer shall be responsible
for inspection of the work. All materials, including excavated materials,
are subject to inspection and approval by the Township. Where the
planned opening will be made through, adjacent to or near another
existing public utility facility, the permittee/contractor shall notify
said utility company, whose representative shall be given access to
the construction to observe and inspect that portion of the work involving
said utility facility.
G.
Protection of private property. Prior to starting
work on the opening, it shall be the responsibility of the permittee/contractor
to advise each nearby or adjacent property owner whose property will
be temporarily inconvenienced or disturbed by the project when the
work will be commenced and what effect the work will have on the owner's
use of his property. The permittee/contractor will be solely responsible
for any damage, inconvenience or disruption to nearby or adjacent
properties, and will hold the Township harmless from any claims arising
from the conduct of work. It will be the permittee's/contractor's
obligation and responsibility to arrange for any rights of entry or
easements needed. The permittee/contractor shall not store tools,
machinery, materials, dirt or debris on private property. The permittee/contractor
shall not use water, electricity, telephone or other private facilities
without first obtaining permission from the property owner.
H.
Conduct of the work. The work shall be done in an
efficient and workmanlike manner and in accordance with the plans
and specifications, using proper tools, machinery, materials and manpower
to effect a quality and expeditious job. Failure to perform in a manner
satisfactory to the Township according to the standards set forth
herein may result in revocation of the permit. Where the Township's
inspector deems it necessary for the protection of the public, or
to proper installation of the permittee's facilities, he may order
a cessation of work by the permittee/contractor pending such action
by the governing body, provided that such cessation order may in no
event exceed eight days in duration. Except under emergency conditions,
all work will be conducted between the hours of 7:00 a.m. and 7:00
p.m. or dusk, whichever comes first.
I.
Maintenance of opening. After the permanent repair
has been completed and approved by the Township's inspector, the permittee
shall be responsible for maintaining the opening for a period of 12
months. This work shall include refilling, compacting, repaving, repairing
damage, restoring turf or shrubbery, as necessary. The permittee's
maintenance bond shall be released at the end of the twelve-month
maintenance period, subject to the satisfactory condition of the opening.
J.
Street closings. The permittee/contractor shall not
close or obstruct any streets, sidewalks, alleys or passageways unless
specifically authorized by the Township. Prior to the actual closing,
the permittee/contractor shall also notify the Police Chief and Fire
Chief of the anticipated dates and duration of the closing. No material
whatsoever shall be placed or stored in streets, alleys or passageways.
The permittee/contractor shall conduct its operations so as to interfere
as little as possible with the use ordinarily made of any roads, streets,
driveways, alleys, sidewalk facilities, etc., near enough to the work
to be affected thereby.
K.
Cleanliness. If dust, dirt, air pollution, poor housekeeping
or detrimental material are allowed to exist, occur or continue as
a result of the work to the point where the public is unduly inconvenienced
or disturbed, in the opinion of the Township, the Township may stop
the work until the condition is corrected. Streets are to be kept
broom-cleaned on a daily basis. If dust persists, streets may be required
to be hosed clean. The Township may direct the permittee/contractor
to spread dust-inhibiting chemicals.
A.
Aboveground utilities. All aboveground utility installations
should be in accordance with the standards established by the New
Jersey Department of Transportation for utility accommodation in Chapter
25 of the New Jersey Administrative Code. Utility companies should
contact the Township prior to poles being relocated or new poles installed
to make sure that installations will not conflict with future road
improvements.
B.
Removal of existing features. The existing pavement,
blacktop or concrete shall be cut in a straight line or lines, prior
to any subsurface excavation, which shall be confined to the area
between the cuts. If pavement, curbing, sidewalk, or other surface
construction becomes damaged, ragged or zig-zagged when it comes time
to repave or replace the facility, the edges shall be cut or recut
in a straight line or lines to the satisfaction of the Township, in
general parallel with the lines of the excavated trenches and in a
width sufficient to accommodate the entire excavation and to create
a smooth finished appearance when the construction is completed.
C.
Curbs, sidewalks, driveways, etc. Where the opening involves cutting
through existing curbs, sidewalks, driveways and any other surface
structures, the permittee/contractor shall rebuild or replace such
surface structures as closely as possible duplicating the original
as to dimensions, grade, appearance and materials. Curbs, sidewalks,
concrete aprons and other miscellaneous structures shall be reconstructed
with NJDOT Class "B" concrete air-entrained.
[Amended 12-18-2018 by Ord. No. 18-08]
D.
Existing pipes, utilities, subsurface structures.
Any existing subsurface pipes, utility lines, drains, foundations,
abutments, inlets or other structures that may be disturbed, damaged,
or removed during the necessary opening work are to be replaced, reconstructed
or repaired under the direction of the Township and the appropriate
officials of the utility company whose facility may be involved. Such
replacement, reconstruction or repair shall be made using materials,
methods and standards of workmanship as specified by the Township,
or, in the case of a public utility facility, to the standards imposed
by said utility. Caution and care shall be exercised by the permittee/contractor
not to disturb such existing structures or facilities exposed by the
opening and found to be in or adjacent to the opening.
E.
Tunneling. In cases where it becomes necessary to
resort to tunneling operations to accomplish the opening work in a
most practical way, then the backfill in such tunnel shall be rammed
soil composed of a mixture by volume of one part cement to six parts
of aggregate material such as sand or three-quarter-inch quarry blend
stone. Tunneling shall be permitted only with the approval of the
Township and when the need for tunneling is indicated on the application
for permit. Jacking or drilling is not considered to be tunneling.
F.
Jacking and drilling. Jacking and drilling will be
permitted when the need is indicated and when the applicant's engineer
certifies that in his opinion other existing structures or utilities
will not be disturbed or damaged thereby.
G.
Blasting. No blasting shall be allowed unless the
Township is notified in advance. Blasting and the use of explosives
shall be permitted provided that all aspects of blasting and the use
and storage of explosives shall, at all times, be in accordance with
the provisions of the Explosives Act (N.J.S.A. 21:1A-128 et seq.).
H.
Surplus materials. The permittee/contractor shall
remove all surplus or unusable fill, debris and other materials from
the job site at his own expense. The area shall be cleaned up and
restored at the end of the work, to the satisfaction of the Township.
Machinery, vehicles and tools of the permittee/contractor shall be
promptly removed from the job site when the work has been completed.
I.
Excavation.
(1)
The trench shall be excavated along the lines designated
on the approved plans and to a depth sufficient to provide cover over
the mains of not less than four feet, except where greater or lesser
depths of cover are shown on the detailed plans or are necessary due
to the existence of utilities or to connect to existing lines. The
trench shall be not less than one foot and no more than two feet wider
at the bottom than the outside diameter of the pipe. Where the trench
is excavated at any place below the proper grade, excepting at joints,
it shall be refilled to grade with sand or loam and thoroughly compacted.
(2)
No more than 100 feet of trench will be opened in
advance of the utility installation, unless permitted by the Township's
inspector. All open trenches shall be backfilled by the end of the
work day.
(3)
The material excavated shall be laid compactly on
the side of the trench and kept trimmed up so that it will be of as
little inconvenience as possible to the traveling public and to adjoining
tenants. Where the streets are paved, the paving material shall be
kept separate from the other materials excavated. All streets shall
be kept open for travel unless otherwise approved by the Township.
J.
Sheeting and bracing.
(1)
The permittee/contractor is solely responsible for
the safety of the job site. The permittee/contractor shall furnish,
put in place and maintain such sheeting and bracing, etc., as may
be required to support the sides of the excavation and to prevent
any movement of earth which could in any way diminish the width of
the excavation below that necessary for proper construction.
(2)
All trenching operations will comply with Occupational
Safety and Health Administration (OSHA) regulations 29 CFR 1926.1.
Safety requirements and precautions for excavations will be implemented
prior to that work being commenced.
K.
Temporary trench plating.
(1)
All temporary trench plating shall be designed to
carry all legal highway loads. The plating shall be properly supported
and anchored to prevent all movement. All plating intended to be left
in place overnight shall be recessed into the adjoining pavement so
that the top surface of the plating is flush with the pavement.
(2)
Construction signs will be installed on both approaches
warning the motorists of the temporary plating and that it is slippery
when wet.
L.
Backfilling.
(1)
Backfilling for utility improvements in pavement areas
and shoulders or within five feet of the edge of any proposed pavement
will be with dense graded aggregate base placed in six-inch lifts.
Each layer shall be compacted with flat-face mechanical tampers to
95% minimum dry density. If the pipe area is not to be paved, the
dense graded aggregate will be filled to the finished pavement grade.
(2)
The only methods of compacting the backfill material
permitted shall be mechanical compaction in lifts as specified. Consolidation
will not be acceptable as a method to achieve the soil densities specified.
(3)
The Township may require or perform soil density checks
at randomly chosen lifts. Density testing will be performed at the
completion of the compaction effort. Compaction requirements will
be strictly enforced. The cost for compaction testing shall be the
responsibility of the permittee.
M.
Trench restoration.
[Amended 12-18-2018 by Ord. No. 18-08]
(1)
Bituminous concrete and bituminous surface treated pavements. In
bituminous concrete and bituminous surface treated pavements, the
trench area will be restored with a five-inch bituminous concrete
base course and a two-inch bituminous concrete surface course. In
areas where the pavement is thicker than six inches, additional bituminous
base shall be placed to the depth of the existing pavement. The bituminous
concrete repair shall extend at least six inches outside the limits
of the trench.
(2)
Portland cement concrete pavements.
(a)
In Portland cement concrete pavements and in roads with Portland
cement concrete bases, the pavement shall be replaced with the same
materials and in the same thickness. When the trench opening is within
five feet of a transverse joint, the remaining section of the slab
shall be removed and replaced.
(b)
Care shall be taken to protect expansion joint dowels. Dowels
shall be straightened after concrete removal, if disturbed. The existing
expansion joint material shall be replaced prior to placing new concrete.
(c)
Existing subgrade is to be brought back to proper grade and
properly compacted. Any soft areas are to be removed and replaced
with proper material.
(d)
If the slab removal ends prior to a joint, number five bars,
18 inches long, are to be drilled and grouted in the center of the
slab. Bar spacing will be six inches from the slab edge and 12 inches
between bars. The new slab reinforcing steel shall be number four
bars, 12 inches on center longitudinally and number four bars, 24
inches on center transversely (minimum of two), set approximately
three inches below the top of the finished slab.
(3)
Repaving required.
(a)
Milling and repaving shall be required when the opening in the
pavement (continuous or separate), spans a distance measured along
the center line of the lesser of 200 feet or a distance of 60% of
roadway centerline as determined by the Township Engineer. The width
of the paving shall be half the width of the road if the work did
not cross the center line and the full width of the road if the work
crossed the center line or the road width is 15 feet or less. The
permittee/contractor shall provide adequate traffic control measures
until the pavement has cooled.
(b)
Should the existing roadway be chipped and sealed, the contractor
shall be required upon completion of trench restoration to restore
chip and seal and repair any areas of damage of chip and seal for
the full width of roadway. A contractor is required to seal all pavement
seams after completing pavement restoration.
N.
Unimproved shoulder areas.
(1)
Trenches outside the pavement which are required to
be backfilled with dense graded aggregate base material shall be brought
up to the finished shoulder grade and uniformly compacted.
(2)
Trenches not requiring dense graded aggregate may
be backfilled with suitable material and properly compacted. The final
four inches to six inches of the trench shall be backfilled with topsoil,
compacted, seeded, fertilized and mulched.
O.
Temporary surfacing. Pending the actual repaving or
reconstruction operations stated above, the permittee/contractor shall
provide a temporary pavement or surface over the compacted refilled
opening, of such material as shall be directed by the Township. The
permittee shall maintain, refill and temporarily repave said surface
from time to time as may be required by the Township until a permanent
pavement has been constructed to provide a properly graded traveling
surface.
P.
All improvements shall be constructed in accordance
with the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction.
A.
Violations. Any person or persons, firm or corporation
violating any section of this regulation which results in damage to
or obstruction of any public road, gutter, storm drain, ditch, basin,
inlet or culvert shall be responsible for all expenses incurred by
the Township for repairing said damage, removing said obstruction
in addition to the penalties herein provided.
B.
Penalties. Any person or persons, firm or corporation
violating any section of this regulation shall, upon conviction thereof,
be subject to a fine not to exceed $500 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that said violation
continues shall constitute a separate and specific violation.
