For purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
APPLICANT
Any person making written application to the Township of
Middle for an excavation permit hereunder.
EXCAVATION
The excavation, opening or any other work performed under
a permit and required to be performed under this article.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC WORKS SUPERINTENDENT
As used in this article, shall be deemed to include the Administrative
Director of Public Works.
[Added 8-5-2002 by Ord. No. 1110-02]
STREET
Any street, highway, alley, avenue or any other public way
or public ground in the Township of Middle and under control of the
Township of Middle.
The applicant, upon securing said permit, agrees
that the Township of Middle will be saved harmless from any and all
claims of any nature arising out of the construction of road- and
street-opening work covered by said permit and further that the Township
of Middle, in issuing said permit, shall not assume liability in connection
therewith. In the event of any suit or claim against the Township
of Middle by reason of the negligence or default of the permittee,
upon the Township's giving written notice to the permittee of such
suit or claim, any final judgment against the Township requiring it
to pay for such damage shall be conclusive upon the permittee, and
the permittee shall be liable for the Township's costs in connection
with such suit.
The following measures shall be taken to ensure
the safety and protection of the traveling public:
A. Any portions of work areas not closed to traffic must
be temporarily patched with cold patch, a minimum of two inches thick
and properly maintained, until final paving is installed.
B. The permittee shall erect and maintain suitable timber
barriers to confine earth from trenches or other excavations in order
to encroach upon highways as little as possible.
C. The permittee shall construct and maintain adequate
and safe crossings over excavations and across highways under improvement
to accommodate vehicular and pedestrian traffic at all street intersections.
Vehicular crossings shall be constructed and maintained of steel plates
or of plank, timbers and blocking of adequate size to accommodate
vehicular traffic safely. Timber decking shall be not less than four
inches thick and shall be securely fastened. Pedestrian crossings,
if of timber, shall consist of planking three inches thick, 12 inches
wide and of adequate length, together with blocking. The walk shall
not be less than three feet in width and shall be provided with a
railing as required by the Public Works Superintendent.
[Amended 4-5-1990 by Ord. No. 720-90]
D. The permittee must call the New Jersey Utility Opening
Service at (800) 272-1000 and obtain clearances before beginning excavation.
E. It is urged that all utilities be constructed with
a minimum of three feet of cover, to provide protection for the utilities
in the event that future Township road reconstruction, repair or modifications
necessitate excavation, undercutting or installation of facilities
in the area where the utility is located. This location will in no
way relieve the utility owner of the responsibility of relocating
said utility at said utility owner's expense in case of conflict with
future construction, reconstruction or modification of Township-related
facilities.
[Amended 4-5-1990 by Ord. No. 720-90]
A. For a violation of any provision of this article,
any person, firm, association, partnership or corporation so violating
shall, upon conviction, be subject to one or more of the following:
a fine not exceeding $1,000, or imprisonment in the county jail for
a term not exceeding 90 days or a period of community service not
exceeding 90 days, all of the aforesaid, however, being in the discretion
of the Judge or other officer having jurisdiction.
B. Separate violations. Except as otherwise provided,
every day in which a violation of any provision of this article exists
shall constitute a separate violation.