[Ord. No. 89-18 § 1]
No person, utility, quasi-public body or other entity shall open, dig, or excavate or direct or cause any employee, agent or contractor of such person, utility, quasi-public body or other entity to open, or make any excavation or disruption of the surface of any street or thoroughfare of the Borough until a written permit for such opening, excavation, or other surface disruption has been duly issued by the Borough Superintendent of Public Works 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's 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.
[Ord. No. 89-18 § 1]
a. 
Application Submissions. Application for all permits to excavate, open or dig trenches or otherwise disrupt or break the surface of any public street or thoroughfare of the Borough shall be made on the forms provided by the 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 (100') foot radius of the opening.
(c) 
Location of all curbing, sidewalk and other municipal improvements with a one hundred (100') 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, 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 Island Heights from any liability arising from the street opening or trench or restoration thereof.
3. 
A performance guarantee conforming to the requirements set forth in this section.
4. 
An application form fully completed as to all items thereon.
5. 
An application fee in the amount prescribed in this section.
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 (1) 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 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, utility or other entity for whom the work is to be performed. It shall be understood that the Borough of Island Heights 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 street or thoroughfare of the Borough shall commence until a written permit has been duly issued in accordance with this section. 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.
[Ord. No. 89-18 § 1; Ord. No. 2015-01]
a. 
The following schedule of fees is hereby fixed, determined and established as being the fees to be paid to the Borough for the issuance of all road opening or street excavation permits:
Operating Area
(square yards)
Fees
0 to 20
$200.00
20.01 to 100
$350.00
100.01 to 500
$500.00
500.01 to 1,500
$1,000.00
1,500.01 to 2,500
$1,500.00
2,500.01 and over
$2,000.00
b. 
All fees set forth in this subsection shall be payable to the Borough of Island Heights and shall be non-refundable. Fees shall become property of the Borough.
c. 
Should any additional costs be incurred by the Borough 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.
[Ord. No. 89-18 § 1]
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 guarantee insuring proper and satisfactory completion of all pavement and trench restoration in strict accordance with the specifications set forth herein. The amount of the performance guarantee 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 guarantee shall be posted with the Borough Department of Public Works or Secretary of the Construction Code Official and shall be in any of the forms indicated herein.
1. 
Certified check drawn payable to the Borough of Island Heights and drawn on a New Jersey Bank.
2. 
Letter of credit drawn in favor of the Borough of Island Heights 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. 
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 Borough Superintendent of Public Works of the public street or thoroughfare in accordance with all standards set forth herein, a maintenance guarantee shall be posted by the permittee. The maintenance bond shall be in one (1) of the three (3) forms set forth above. The maintenance guarantee shall be in an amount equal to fifty (50%) percent of the performance guarantee amount and shall remain in force for a period of not less than two (2) years from the date of acceptance of the permanent pavement restoration by the Borough Public Works Superintendent.
d. 
Performance and maintenance guarantees shall be released upon satisfaction of the 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 guarantee, be permitted to post an annual performance guarantee and maintenance guarantee. The amount of the guarantees 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.
[Ord. No. 89-18 § 1]
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 one and one-half (1 1/2") inches or two (2") inches, as required to conform with 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 (6") 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 I-1 or I-2. The base course shall be placed in a minimum of two (2) lifts, each lift having a compacted thickness of not greater than three (3") inches with the first lift being compacted in accordance with the requirements of 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 (6") inches of Quarry Blend stone conforming to Gradation Type I-5 or eight (8") 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 (8") 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. 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 (28) day of not less than four thousand (4.000) psi. Expansion joints shall be of a minimum thickness of one-half (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 (4") inches and all base courses beneath sidewalks shall have a minimum compacted thickness of not less than four (4") 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 and shall have a minimum compressive strength of four thousand (4,000) psi after twenty-eight (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 (4") inches of loam type topsoil. Fertilizer, lime and all other soil conditioners needed to promote the proper growth of grass shall be incorporated and thoroughly worked into the topsoil. Seed or sod of the species suitable for growth in the location and environment and conforming to the requirements of the 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 (8") inches 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 Borough subdivision regulations and shall be constructed of Portland Cemben Concrete, having a twenty-eight (28) day compressive strength of four thousand (4,000) psi and a minimum concrete thickness of six (6") 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 inches by six (6" x 6") inches and being electrically welded construction of ten (10) gauge steel wire.
[Ord. No. 89-18 § 1]
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 overexcavation, 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 with proximity of the trench or opening area in such a manner as to possibly be effected 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 insure 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 with all standards set forth by the Occupational Safety and Health Administration (OSHA) of the U.S. 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 and thoroughfares of the Borough 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 (6") inch lifts to a minimum ninety-five (95%) percent (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 of 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. The 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 ninety-five (95%) percent 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 one-quarter (0.25) gallons per square yard, a minimum of twelve (12) and not greater than twenty-four (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 (2) immediately successive lifts of three (3") inches 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 thirty (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 insure 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.
[Ord. No. 89-18 §§ 1, 7]
a. 
The permittee shall bear all responsibility for insuring 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 insure compliance with all provisions herein or as otherwise directed by either the Superintendent of Public Works or the Police Department.
b. 
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.
c. 
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.
d. 
Flashers, reflective devices and other items required to insure 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.
e. 
The permittee shall provide to the Superintendent of Public Works and to the Borough Police Department the names and telephone numbers of responsible individuals who can be contacted on a twenty-four (24) hour a day, seven (7) 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.
f. 
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 but 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.
g. 
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.
h. 
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 (6) copies of a detour plan indicating the following information:
1. 
Location of detour indicating street from which traffic is to be detoured and streets of alternate route.
2. 
Alternate route location.
3. 
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 detour plan indicating route of detour, length of time detour is to remain in effect, traffic control measures, and means to provide access to all residences and businesses within detour area.
6. 
Evidence of notification of all agencies, including but not limited to:
(a) 
Volunteer Fire Company service to the district in which detour is located.
(b) 
First Aid Squad serving the district in which the detour is located.
(c) 
Board of Education Transportation Coordinator and Superintendent of Schools.
(d) 
Borough Clerk.
(e) 
All other agencies as may be directed by the Public Works Department.
Application for detour approval must be submitted thirty (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.
Where the need for traffic control directors or flagmen is indicated, all personnel shall be uniformed and shall have satisfactorily completed an approved traffic control and traffic direction course. All traffic control directors shall be equipped with all required flags, safety attire and communication equipment as required by the Manual of Uniform Traffic Control Devices and the State of New Jersey. All traffic control directors shall be subject to the approval of the Island Heights Borough Chief of Police.
[Ord. No. 89-18 § 8]
Any person, firm, corporation, utility, quasi-public body or other entity granted a permit by the Borough of Island Heights 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 Island Heights 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 Island Heights harmless from all liability.
b. 
Compliance with all requirements set forth herein or as otherwise directed by the Superintendent.
c. 
Notice to the Island Heights Borough Department of Public Works Superintendent with a minimum of two (2) 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 Island Heights harmless from all suits arising from the road opening.
h. 
Provide and maintain safe working conditions for all personnel and to provide adequate Workmen's 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 guarantees as required and to repair any defects or failures in the restoration during the period covered by the maintenance guarantee. The permittee shall insure that all repairs are carried out within two (2) working days of notification of restoration defects or failure by the Public Works Superintendent.
[Ord. No. 89-18 § 1]
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 section, 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.
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 guarantee will not be authorized until satisfactory posting or acceptance of the maintenance guarantee conforming to the requirements of this section.
[Ord. No. 89-18 § 1]
Upon the adoption date of this ordinance,[1] any excavation, opening, trench or other disruption in the pavement of any public road, street, highway or thoroughfare of the Borough of Island Heights, which have been surfaced, resurfaced, constructed or reconstructed after the effective date of this ordinance shall be prohibited for a period of five (5) 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.
[1]
Editor's Note: This ordinance was adopted on September 27, 1989 by Ordinance No. 89-18.
[Ord. No. 89-18 § 1]
The permittee shall solely be liable and responsible for any damages, injuries or claims resulting from the street opening, restoration that is in any connection related to the permit, the permittee's operations and actions. Nothing in this section shall be understood or construed by any permittee or other person as to absolve any permittee, his employees, agents or contractors or any responsible party 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.
[Ord. No. 89-18 § 1]
All performance guarantees and maintenance guarantees shall be drawn in favor of the Borough of Island Heights, and written evidence of such indemnification shall be provided to the Superintendent of Public Works, prior to commencement of work.
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 one million ($1,000,000.00) dollars for injuries, including wrongful death, to any one (1) person and, subject to the same limit for each person in an amount not less than five hundred thousand ($500,000.00) dollars on account of one (1) accident, and property damage insurance in an amount not less than two hundred fifty thousand ($250,000.00) dollars for damage to property for each accident.
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.
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 Island Heights, its officers, its employees and its agents.
[Ord. No. 89-18 § 1]
Any person, firm, corporation, partnership, utility, quasi-public body or other entity violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to punishment by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a term not to exceed ninety (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.