[Adopted 12-18-1984 as § 10-1
of the 1984 Code; amended in its entirety 8-7-2023 by Ord. No. 2023-09[1]]
[1]
Editor's Note: Prior amendments included Ord. Nos. 1988-13
and 1996-5.
The intent of this article shall be to require municipal consent
to open, excavate, dig in or disturb any roadways or streets or other
municipally owned or controlled public place within the Borough and
to require security or a deposit to ensure that the road, street,
highway or other public place shall be restored to the condition it
was in prior to the opening, excavation, digging or disturbance. The
Borough shall protect the public safety and welfare in the use of
said streets, roadways or places under the police power of the Borough
by appropriate regulation.
No person, firm or corporation shall excavate or open or dig
in or upon or otherwise disturb the surface, soil or materials of
any public street, easement, rights-of-way or other public place for
the purpose of making connections to any water pipe, sewer pipe, gas
pipe or other utility installation or to replace any sidewalks or
curbs, or for any other purpose whatsoever, unless a permit to do
so shall have first been obtained from the Public Works Supervisor.
No permit to open or excavate a public street or public place
shall be issued except upon written application being made therefor.
The application shall set forth the following information:
A.
The name, address 24/7 telephone number and email address of the
applicant.
B.
The name, address 24/7 telephone number, email address and registration
number of the contractor, if different from the applicant.
C.
The name, address, 24/7 telephone number and email address of the
person under whose supervision the work will be performed, if different
from the applicant.
D.
The name of the street or streets or public place to be involved
by the opening.
E.
Length, width and depth expressed to the nearest foot; the area in
square feet of the proposed opening or excavation; the area in square
feet of the opening.
F.
Description of any proposed utilities that might be affected by the
proposed excavation.
G.
Purpose of the opening or excavation.
H.
The amount of the fee accompanying the application in accordance
with the provisions of this article.
I.
The signature of or for the applicant.
K.
Amount of cash deposit, if required, that accompanies the application.
L.
Deliver to the Borough satisfactory proof of insurance in the minimum
amount of $1,000,000 per person, and $3,000,000 per occurrence, insuring
the permittee and the Borough against liability for injury or loss
sustained by any person or persons as a result of the acts of commission
or omission of the permittee, or any servants, agents or employees
of the permittee.
A.
No opening shall be commenced on a Saturday, Sunday or holiday except
in case of emergency.
B.
Working hours shall be between hours of 8:00 a.m. and 6:00 p.m.
C.
Openings greater than 25 square feet shall not be permitted between
Memorial Day and Labor Day.
D.
No permit shall be issued for an opening or excavation which was
paved less than five years prior to the date of the application, unless
an emergency condition exists. Unless otherwise permitted as an emergency,
a request for a waiver of this permit moratorium may only be authorized
Borough Council.
E.
The maximum area to be covered by any one permit issued pursuant
to the provisions of this chapter shall be 100 square yards, except
in the case of an applicant who has complied with the provisions,
in which case the maximum area to be covered by any one permit shall
be 500 square yards.
F.
Permits shall be enforced by the Public Works Supervisor or their designee to permit the opening or excavation of a larger area than the maximum area herein specified when public safety and welfare shall not be jeopardized and the flow of traffic shall not be unduly impeded. The appropriate fee as specified in § 209-5 shall accompany the application when endorsement is sought, as well as the deposit specified in § 209-6A.
G.
When, in the opinion of the Public Works Supervisor, the nature of
the opening or excavation is such that existing water mains, sewer
lines, gas mains or the laterals of any of these shall be or become
exposed to any great extent, he may require, as a condition for the
issuance of the permit, continuous inspection by the Borough Engineer
during working hours of the work of the permittee. Inspection shall
be by the Borough Engineer or his designee and shall be at the expense
of the permittee. When continuous inspection is required, the Borough
Engineer shall estimate the amount of the fees required for such inspection.
Those fees shall be deposited with the Public Works Supervisor prior
to the issuance of the permit. The inspector shall have the power
to interrupt any work in progress until all shoring or repairing has
been accomplished.
The appropriate nonrefundable application fee shall accompany
the written application to defray the cost of the administration of
the provisions of this chapter and the cost entailed in making the
necessary inspections.
A.
A fee, as set forth in the fee schedule on file at the office of
the Municipal Clerk, shall be retained by the Borough, regardless
of whether the street opening permit is granted or not.
B.
If the opening or excavation is to be of a larger area than 500 square
yards, a fee for each additional 50 square yards, or fraction thereof,
shall be charged as set forth in the fee schedule on file at the office
of the Municipal Clerk.
C.
If the contractors are employed by the Borough, no fee shall be required
for a permit to open or excavate a public street or public place in
connection with the performance of a contract granted by the Borough.
A.
Each applicant for a permit shall post cash or approved surety company
bond or other satisfactory bond with the Borough Clerk to cover the
estimated costs of work, including but not limited to excavating,
backfilling, compaction, repaving, engineering, observation and testing,
in each instance. Not less than 20% of the required surety shall be
by cash or certified check paid to the Borough. The balance of the
estimate shall be cash, letter of credit or approved bond with a company
licensed to do business in New Jersey. The total amount shall be determined
as follows:
B.
This deposit shall be required in addition to the permit application fee as required by § 209-5 and shall be retained by the Borough until the Public Works Supervisor has issued his final approval indicating that the opening complied with permit requirements and that final restoration has been completed to his satisfaction.
C.
Excavation by public utility, Borough corporation or franchise.
(1)
Any corporation which is a public utility, subject to the regulation of the Board of Public Utility Commissioners of the State of New Jersey; or a municipal corporation or any department thereof; or any person operating any franchise granted by the Borough which desires to obtain an opening permit from the Public Works Supervisor under the provisions of this article, may, in lieu of the provisions requiring deposits as set forth in Subsection A of this section, post a surety bond for a given calendar year in the amount equal to 100% of the estimated costs of work, including but not limited to excavating, backfilling, compaction, repaving, engineering, observation and testing for the upcoming year, plus 100% of the estimated cost of work required to complete unfinished work from the prior calendar year with the Municipal Clerk. This bond shall ensure compliance with applicable provisions hereof in respect to each opening. The bond shall remain with the Borough throughout the duration of the operations in the Borough and until the Public Works Supervisor has issued his final approval indicating that the opening complied with permit requirements and that final restoration has been completed to his satisfaction or until the requirement for the deposit ceases or is replaced with a new bond.
(2)
In the event the restoration of any opening is not performed according
to these regulations and cannot be approved by the Public Works Supervisor,
the Borough shall, after 10 days' notice, complete the restoration,
and the cost of all labor, equipment and materials shall be charged
against the surety bond. Thereafter, the party posting the bond shall
not be permitted to make any openings in any street or public place
in the Borough until such party deposits a sum of cash or its equivalent
equal to the amount charged against the surety bond to reimburse the
Borough for its cost in effecting restoration.
A.
General.
(1)
Unless otherwise stated herein, all construction shall conform with
the NJDOT Standard Specifications for Road and Bridge Construction,
latest edition as amended or supplemented, and the Manual on Uniform
Traffic Control Devices (MUTCD).
(2)
At least 72 hours' written notice to the Public Works Supervisor
shall be given prior to the commencement of any work.
(3)
The permittee shall assume responsibility for notifying all utility
companies or other jurisdictional authorities which may have underground
facilities in the project area and which may be affected by the proposed
work. Prior to beginning any excavation, utility markouts shall have
been completed, and the permittee shall possess the markout reference
number on-site. All existing subsurface structures which may be affected
by or interfere with the proposed construction shall be located.
(4)
Photographs of the area to be disturbed to document existing conditions
of the street, sidewalks, driveways and driveway aprons that may be
impacted shall be taken by the permittee.
(5)
All work shall be performed and completed in such a manner as to
cause a minimum of interference with travel on the street affected,
to avoid unnecessary interference with the public use of the right-of-way
in question and to protect children and other members of the public
from any hazardous equipment or situations while on the site of permittee's
activity.
(6)
No street shall be closed to traffic unless the closing is approved
by the Chief of Police. Permission to close a street or utilize a
detour shall not be granted unless it is necessary to reasonably complete
the work and will not substantially or unnecessarily impair the public
safety and convenience. The Police Department shall be informed in
writing of all street closings at least 48 hours in advance, except
where the work is of an emergency nature, in which case notice shall
be given to the Police Department when work commences. Street and/or
traffic lanes approved for closure to traffic must be appropriately
detoured, closed and then reopened at the times specified in the application,
with no deviations permitted. If permission to detour is granted,
such fact shall be communicated in writing to the Fire Department
and local first aid squads at least 12 hours prior to closing. No
road which had been closed shall be reopened without prior approval
of Public Works Supervisor and the Police Department.
(7)
Prior to any excavation, the permittee shall erect and maintain such
signs, lights, barricades and other protective devices in accordance
with details of the most current editions of the New Jersey Department
of Transportation (NJDOT) Standard Specifications and the Manual of
Uniform Traffic Control Devices (MUTCD) as may be necessary for the
public safety and as may be required by the Borough Police Department.
In the event that the permittee shall fail to provide the protective
devices to the satisfaction of the Borough, the Borough may, upon
12 hours' notice to the permittee, erect and maintain the necessary
devices and charge the permittee for the cost thereof. In the event
that any failure to act by the permittee may have an immediate adverse
effect on the public safety, the Borough may erect the necessary protective
devices without prior notice to the permittee, and the permittee shall
be responsible for the reasonable cost thereof.
(8)
In the event that any permitted opening or excavation is not backfilled,
temporarily paved, patched, final paved, or restored in accordance
with these regulations or to the satisfaction of the Public Works
Supervisor, the Borough shall issue notice to the permittee stating
the defect and requiring said defect be remedied immediately. This
notice may be served in person, by digital communication or by ordinary
mail to the permittee name and address on the permit. Should the permittee
fail to remedy said defect within 12 hours following service of the
notice, the Borough shall complete the repairs, and the cost incurred
shall be paid by the permittee or deducted from the deposit.
(9)
Size of opening restricted. Notwithstanding any other provisions hereof, no permittee shall open any street or public place where the length exceeds 250 linear feet or the horizontal area of the opening will exceed 500 square yards, whichever is less. Where it is contemplated that the horizontal area of an opening shall exceed 250 linear feet or 500 square yards, a written consent shall be obtained prior to making such opening, and all fees and surety specified in § 209-6A shall have been provided to the Borough Clerk.
(10)
Every opening and all excavations, backfilling or grading shall
be performed by the permittee. The permittee shall not assign any
street opening excavation, backfilling or grading to any other person
or entity, unless said other person or entity shall have been named
on the excavation permit application and their contact and 24/7 emergency
information provided.
(11)
Construction work shall be permitted only during the hours and
times specified on the application and in accordance with municipal
ordinances which regulate the times of construction work. The Public
Works Supervisor must approve emergency situations or work required
beyond the permitted time.
(12)
The permittee shall be responsible for the removal, storage
and in-kind replacement, as necessary, of mailboxes, street and road
signs, streetlights, traffic control devices, etc. If street and road
signs are to be removed, even for a short time, the police, and/or
appropriate public authority having jurisdiction, shall be notified
in advance.
(13)
Right-of-way or property monuments and/or markers, traffic control
devices and other public devices on the right-of-way shall not be
removed or disturbed unless permission to do so is first obtained
in writing from the Municipal Engineer. Permission shall be granted
only upon the condition that the permittee shall pay all expenses
incident to their replacement. Property corner markers may only be
replaced by a professional land surveyor licensed by the State of
New Jersey.
(14)
The permittee shall maintain all streets and other property
affected by the project on a continuing basis in a clean condition,
free from all rubbish, dust, excess earth, rubble and other debris.
The permittee shall also be liable for any damage to the Borough roads
caused by the operator of equipment over said roads. In the event
the permittee fails to act as provided herein, the Borough may, upon
12 hours' notice to the permittee, clean and remove all rubbish,
dust, excess earth, rocks, debris and unused material and/or repair
any roads in the Borough damaged by the operation of equipment by
the permittee over said roads, and charge the permittee the cost thereof.
In the event that any failure by the permittee may have an immediate
adverse effect upon the public safety, the Borough may clean, repair
or protect the area in question prior to notice to the permittee,
and the permittee shall be responsible for the costs thereof.
(15)
The applicant shall assume responsibility for securing all other
necessary permits from regulatory agencies, including, but not limited
to, a soil erosion permit from the Soil Conservation Service, a dewatering
permit from the New Jersey Department of Environmental Protection,
etc. The Borough shall have no liability for the applicant's
failure to obtain other permits or to comply with the provisions of
any other regulatory authority of any nature whatsoever. Any interruption
of the project by order of the Borough or any other authority shall
not extend the time for completion as set forth in the permit.
(16)
The permittee shall insure that the noise generated by the construction
operation is controlled, and equipment shall be equipped with properly
maintained mufflers, pneumatic exhaust silencers, and the like. Construction
equipment shall be operated only during those hours permitted by Borough
regulations. Properly silenced dewatering pumps may, with the approval
of the Borough, be operated as necessary.
(17)
The permittee shall insure that dust control is maintained during
construction. Work shall be performed to minimize the creation and
dispersion of dust. Water shall be used to control dust. The use of
chemicals for dust control is prohibited.
B.
Excavation.
(1)
Prior to beginning any excavation, a utility markout shall have been
completed. The permittee shall possess the markout reference number
on-site. All existing subsurface structures which may be affected
by or interfere with the proposed construction shall be located.
(2)
If directed by the Public Works Supervisor, the permittee shall perform
test pits to obtain the required information. Test pits shall be backfilled
in accordance with the following specifications.
(3)
Excavations shall be shored, braced and sheathed as conditions warrant
and shall conform with OSHA trench safety requirements. If the top
of the excavation falls within five feet of existing sidewalks, curbs,
pipes, railroads or structures of any kind, the excavation shall be
secured by sheet piling or other methods so that such facilities and
structures will be protected.
(4)
Boulders, logs and other debris encountered in the excavation shall
be removed and disposed of according to law.
(5)
Subsurface structures or bedding material shall not be placed until
the depth of excavation and the character of the material at the bottom
of the excavation has been approved. When the material at the bottom
of the excavation is unstable, it shall be removed and disposed of
according to law and the space backfilled with 3/4 inch clean crushed
stone unless other material is approved by the Public Works Supervisor.
(6)
Pavement removal within five feet of structures within the street
shall be performed by saw-cutting only. Jackhammering shall not be
permitted without specific approval by the Public Works Supervisor.
(7)
All utility facilities shall be located sufficiently in advance of
any excavation to avoid damage of those facilities and to permit their
relocation, if necessary. Any utility that is encountered during the
excavation shall be protected by the permittee to the satisfaction
of the utility owner. The permittee shall provide proper bypass and
or temporary drainage during construction and shall restore operation
to the satisfaction of the utility owner.
(8)
No opening or excavation of a cross trench shall extend beyond the
center line of the road before being backfilled, compacted and the
surface of the roadway temporarily restored.
(9)
All excavated materials shall be removed from the Borough and disposed
of according to law.
C.
Bedding for pipes, culverts and structures.
(1)
All hard or unstable material under the pipe shall be over-excavated
and removed to a depth necessary to achieve stability. The over-excavation
shall be backfilled with 3/4 inch clean crushed stone.
(2)
Pipe bedding includes all stone under the pipe and to the springline
of the pipe. There shall be a minimum of six inches of 3/4 inch clean
crushed stone under all pipe unless otherwise required herein.
(3)
Bedding stone shall also be placed on each side of the pipe to a
depth of 1/2 the diameter of the pipe (springline).
(4)
For all public utility construction (electric, gas, cable, fiber,
water, etc.), pipe bedding and trench backfill to 12 inches above
the utility shall comply with the requirements of the public utility.
All trench backfill from 12 inches above the utility to the pavement
surface shall be as specified herein.
D.
Backfill.
(1)
Backfill shall not be placed against newly constructed masonry or
concrete for 72 hours unless authorized by the Public Works Supervisor.
(2)
Backfill shall be placed in layers not more than six inches thick,
and each layer shall be compacted with flat-faced mechanical tampers.
(3)
All backfill from the pipe springline to the pavement base shall
be dense graded aggregate compacted to 95% (modified proctor) in ten-inch
layers by flat-faced mechanical tampers unless use of other types
of compaction equipment is dictated by the site conditions and only
then with approval of the Public Works Supervisor.
(4)
For all public utility construction (electric, gas, cable, fiber,
water, etc.), all pipe bedding and trench backfill to 12 inches above
the utility shall comply with the requirements of the public utility.
All trench backfill from 12 inches above the utility to the pavement
surface shall be as specified herein.
(5)
Shoring, bracing and sheathing shall be withdrawn as the backfilling
proceeds.
E.
Dewatering.
(1)
No dewatering equipment, wells, well points, or piping shall occupy
the traveled portion of roadways or sidewalks unless specifically
approved and adequately protected to the satisfaction of the Public
Works Supervisor.
(2)
Effluent from any dewatering system shall be discharged in such a
manner that erodible soils are not adversely affected. All silt and
sediments being carried in the dewatering effluent must be intercepted
prior to discharge into any drainage system through use of a sedimentation
basin or device specifically designed to allow retention of discharge
with sufficient time to render such waters free of suspended silt
and sediments. The use of screening devices in lieu of a sedimentation
basin must receive specific approval and be employed only for minor
flows. Should any dewatering discharge be malodorous in the opinion
of the Public Works Supervisor, the discharge shall be ceased until
such time as appropriate filtration can be provided to mitigate the
odor.
F.
Permanent pavement restoration.
(1)
All public streets and rights-of-way shall be permanently restored
by the permittee to the satisfaction of the Public Works Supervisor.
Pavement surface shall be smooth and shall meet NJDOT smoothness criteria.
(2)
Prior to permanent pavement restoration, all excavations in roadway
or driveway pavement shall receive temporarily pavement restoration
that shall remain in place for a period of 90 days as specified herein.
(3)
All other public places excavated shall be restored to as good as
or a better condition than existed in the area excavated prior to
excavation, having due regard to the type of surface that existed
prior to excavation.
(4)
Where the average width of the excavation exceeds 25% of the existing
pavement width (curb to curb) along the length of the excavation,
the pavement base section shall be four inches compacted bituminous
concrete type HMA 19M64 base course. The pavement surface section
shall be two-inches compacted thickness overlay of the entire pavement
surface, curb to curb, along the length of the excavation using compacted
bituminous concrete type HMA 9.5M64 surface course.
(5)
Where the excavation is less than 25% of the existing pavement width
(curb to curb) along the length of the excavation, the existing pavement
shall be saw-cut back to a straight clean line approximately 12 inches
away from each side of the trench, and all excavated material shall
be removed and disposed of according to law. The pavement base section
shall be four inches compacted thickness bituminous concrete type
HMA 19M64 base course. The pavement surface section shall be two inches
compacted thickness bituminous concrete type HMA 9.5M64.
(6)
Restoration around all manholes and similar structures shall have
a feathered approach, not to exceed a 5% slope.
(7)
All pavement joints and edges of all feathering shall be sealed.
(8)
Restoration of all vegetated areas shall be backfilled with four
inches of topsoil, and both the trench and the area disturbed by work
under this permit shall be seeded with fertilizer, seed and mulch.
Restoration areas shall be watered by the permittee and shall not
be deemed acceptable until new vegetation has covered the entire restored
area.
(9)
All openings in gravel roadways, driveways and parking areas shall
be backfilled and compacted as heretofore noted. The top eight inches
shall be backfilled with eight inches of compacted dense graded aggregate.
Driveways constructed of decorative materials shall be restored in-kind.
(10)
Temporary Pavement Restoration.
(a)
All roadway excavation shall have temporary pavement restoration.
All temporary pavement surfaces shall all remain in place for 90 calendar
days from the date of acceptance of the temporary pavement installation
by the Public Works Supervisor.
(b)
Temporary pavement restoration shall be six inches compacted
thickness to the existing pavement surface using bituminous concrete
type HMA 19M64 base course placed upon the compacted dense graded
aggregate trench backfill. Prior to permanent pavement restoration,
the top two inches of the temporarily restored pavement shall be milled
and removed to permit permanent restoration surface pavement to be
installed.
(c)
All temporary pavement surfaces shall be smooth and free of
depressions, bumps or other imperfections that can cause ride roughness.
(d)
All driveways that are asphalt or concrete shall have temporary
pavement restoration. Temporary pavement for asphalt or concrete shall
receive three inches of bituminous concrete type HMA 19M64 base course,
which shall remain in place for 90 days.
(11)
All excavations with portland cement concrete roadways or sidewalks
shall be backfilled and compacted, foundation prepared, reinforcement
restored and the concrete pavement equal in thickness to that in place
in the roadway replaced with concrete in accordance with standard
construction details on file with the Borough Clerk.
(12)
Road openings and/or trenches involving unusual or special conditions,
including attachment to structures, shall be restored in accordance
with and pursuant to the direction of the Borough Engineer.
G.
Maintenance of excavations and openings.
(1)
The permittee shall maintain all temporary pavement surfaces to a
smooth and level surface. In the event that any permitted excavation
or opening is not being properly maintained to the satisfaction of
the Public Works Supervisor, the Public Works Supervisor shall issue
a notice to remedy of all defects and requiring said defects to be
remedied. This notice may be served in person, by email or by ordinary
mail. Upon the failure of the permittee for 10 calendar days after
the service of the notice to remedy said defect, the Borough shall
complete the repairs, and the cost incurred shall be paid by the permittee
or deducted from the deposit.
(2)
Any gravel, earth or other excavated material which is caused to
roll, flow or wash upon any municipal road shall be removed from the
roadway within 24 hours after deposit, unless such material creates
a hazard, and then the material shall be removed immediately. In the
event the earth, gravel or other excavated material so deposited is
not removed, the Borough of Bay Head shall remove the material, and
the cost incurred shall be paid by the permittee or deducted from
his deposit. Permittees are put on notice that Bay Head may elect
to perform the work using its Public Works Department by contract,
and it will be necessary to make such repairs after normal working
hours. The permittee shall employ construction methods and means that
will keep dust to the minimum to the satisfaction of the Public Works
Supervisor.
(3)
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Public Works Supervisor deems necessary
to secure the traveled way for snow removal operations. At the first
sign of precipitation, all work on the shoulders and traveled way
shall stop, and they shall be cleared of all dirt, etc., and the area
backfilled so as not to interfere with municipal snow operations until
the weather permits resumption of work.
A.
No person, firm, partnership, corporation or other entity shall direct
or cause any employee, agent or contractor of such person, firm, partnership,
corporation or entity to open or dig a trench in any public street,
right-of-way or other public place until a written permit for such
opening or trench has been issued by the Borough, except that openings
may be made without the necessity of a previously issued permit in
the case of emergencies which would immediately endanger the health,
safety or property; subject, however, to the condition that prior
notice thereof shall be given verbally to the Police Department and
Public Works Supervisor and thereafter a written application in accordance
with the provisions of this section is made within 12 hours after
such emergency opening is commenced. The person or entity acting under
this emergency procedure shall, in all respects, be bound by all other
requirements of this section. No opening shall be finally repaved
without the written approval of the Public Works Supervisor.
B.
The term "emergency street opening," as used in this section, shall
include those openings which must of necessity be made after office
hours of the municipal official who issues street opening permits,
including weekends, and which are necessary to repair broken or damaged
lines, pipes, mains or conduits which, if not repaired, would constitute
a direct threat to the health, safety and welfare of residents of
the community or which would constitute further harm or damage to
a person or property. The foregoing specifically excludes street openings
for original installation or hookup to any structure, be it residential,
commercial or industrial.
Notwithstanding any other provisions hereof, no person who has posted a surety bond shall open any street or public place where the horizontal area of the opening will exceed 250 linear feet or 500 square yards, whichever is less. Where it is contemplated that the horizontal area of an opening shall exceed 250 linear feet or 500 square yards, the fees provided for in § 209-6A hereof shall be paid, and a permit obtained, prior to making such opening.
No person who opens or excavates any public street or public
place under authority of a permit issued pursuant to this article
shall permit the opening or excavation operation to be conducted by
any person other than the permittee or his immediate employees, unless
in those cases where it is contemplated that the permittee will engage
the service of some other person to conduct the opening or excavation
operation, in which case the application for the permit shall designate
the name of the person other than the permittee who shall actually
be conducting the opening or excavation operation.
A.
No public utility may take any action to open any roadway by removing
any surface or portion of the roadbed on any roadway within five years
after a roadway has been resurfaced or repaved, unless such public
utility demonstrates that an emergency exists which endangers the
health and welfare of any person or property.
B.
Where it appears that such emergency exists requiring the breaking
or removing of the roadway, the public utility must submit an application
before any work may be started. The application for the opening of
the roadway must:
The permittee shall indemnify and save harmless the Borough,
its officers, agents and employees from any loss, injury or damage
resulting from any negligence or fault of the permittee, its agents,
servants or employees or contractors in connection with the performance
of any of the work covered by the permit. The terms and provisions
of this article shall be deemed a covenant by such permittee to so
indemnify and save harmless the Borough of Bay Head while performing
any work related to this permit.
For a violation of any provision of this article, the maximum
penalty, upon conviction thereof, shall be a fine not exceeding $3,000
or imprisonment for up to 90 days or a period of community service
not exceeding 90 days, or any combination thereof.
