City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland 12-26-1989 by Ord. No. 89-104 (Ch. 241 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 300.
Land use — See Ch. 425.
Streets and sidewalks — See Ch. 630.
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
APPLICANT
Any public or private utility company making written application to the City Engineer of the City of Vineland for an excavation or road-opening permit hereunder.
EXCAVATION
The excavation, opening or any other work performed under a permit and required to be performed under this chapter within the public right-of-way.
PERMITTEE
Any person who has applied for and been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, municipality, company or organization of any kind.
STREET
Any street, highway, alley, avenue or any other public way or public ground in the City of Vineland and under control of the City of Vineland.
A. 
It shall be unlawful, except in an emergency as set forth in Subsection B, for any person to engage in any of the following activities unless such person shall first have obtained a permit therefor from the City Engineer of the City of Vineland as herein provided:
(1) 
To dig up, excavate, tunnel, undermine or in any manner break up any street or public right-of-way.
(2) 
To make or cause to be made any excavation in or under the surface of any street or public right-of-way for any purpose.
(3) 
To place, deposit or leave upon any street or public right-of-way any earth or other excavated material obstructing or tending to interfere with the free use of the street.
(4) 
To perform any other operation on any street or public right-of-way which in any manner interferes with or disturbs the surface of such street or public right-of-way.
B. 
In the event that any sewer main, conduit or other utility installation in or under any street, alley or public way shall burst, break or otherwise be in such condition as seriously to endanger persons or property, the owner of such sewer main, conduit or other installation shall immediately remedy such trouble and shall immediately take all such necessary steps to make said location safe and secure. Such owner shall not, however, begin making permanent repairs to such street or alley until he shall have secured a permit as hereinafter provided. Such permit shall be applied for within five working days after such break or serious trouble shall have developed, and the necessary permanent repairs to the street, public right-of-way, alley or sidewalk shall be made as directed by the City Engineer and shall be completed as soon as practicable, but no longer than 60 days, after receipt of the permit.
C. 
Any person failing to apply for the permit necessary to perform any of the activities set forth in this section shall be subject to a penalty as set forth in § 341-17 of this chapter.
[Amended 8-28-1990 by Ord. No. 90-79]
A. 
A written application for the issuance of an excavation permit shall be submitted to the City Engineer. The application shall state the name and address of the applicant; the location and dimensions of the excavation; the purpose of the excavation; the estimated dates of commencement, completion and restoration of the excavation, which in no case will exceed a period of six months from date of application; and such other data as may reasonably be required by the City Engineer. The City Engineer may authorize an extension of said six-month time period if there is justifiable cause, i.e., weather conditions, strike or other unforeseen circumstances.
B. 
The applicant has the additional responsibility of obtaining a separate permit in accordance with N.J.S.A. 2A:170-69.4 to 2A:170-69.6[1] when the proposed excavation is located within 200 feet of a gas pipeline, and all permits issued by the City Engineer are subject to the issuance of said separate permit. The applicant is further responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site, and, if so, the applicant is obligated to comply with statutes or regulations pertaining thereto.
[1]
Editor's Note: N.J.S.A. 2A:170-69.4 to 2A:170-69.6 were repealed by P.L. 1978, c. 95.
A. 
Upon application and payment of the fees and deposits for which provision is hereinafter made, the City Engineer, in his discretion, may issue or deny a permit to excavate or open the surface of any street or public right-of-way controlled by the City of Vineland, within two weeks of receipt.
B. 
No permit shall be issued for any street or right-of-way for a period of five years after the completion of any construction or reconstruction to it, except in an emergency situation, at the discretion of the City Engineer.
C. 
No permit shall be issued for any road which has been overlaid with bituminous concrete for a period of five years after completion of said overlay, except in an emergency situation or at the discretion of the City Engineer or the Mayor, as provided in § 341-15 of this chapter.
D. 
In nonemergency situations, the City Council of the City of Vineland, by resolution, or the Mayor, pursuant to § 341-15 of this chapter, may waive the five-year restriction mentioned previously.
E. 
The City Engineer has the discretionary power, in the case of City streets which carry exceptionally heavy volumes of traffic, to forbid an opening or tearing up or excavating of such a road, except in the event of an emergency situation.
A. 
Permits shall become null and void unless work is commenced pursuant to § 341-3A above. The City Engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
B. 
The applicant shall give a twenty-four-hour notice to the City Engineer or his duly authorized representative prior to making any road openings, except in cases of emergency as provided in § 341-2B. No opening shall be commenced on a Saturday, Sunday or a holiday, unless in cases of emergency. If done, inspection must be paid for by the applicant at a rate set by the City.
A. 
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within six months as set forth in § 341-3A above. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the City Engineer.
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the City Engineer, must be available for inspection at the work site and shall be exhibited on demand to any duly authorized employee of the City or to any police officer of the City of Vineland.
D. 
Revocation of permit. The City Engineer may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this chapter or any other applicable rules, regulations, laws or ordinances.
(2) 
Violation of any condition of the permit issued.
(3) 
Carrying on work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any provision of this chapter to constitute a nuisance.
E. 
Modification of permit conditions. In a special case, the City Council may, by resolution, impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this chapter shall not apply or shall be altered.
[Amended 8-26-1997 by Ord. No. 97-64]
A. 
Fees must be paid when the application is made. The applicant shall be charged an application fee of $25 for each permit. In addition to the application, the applicant shall post inspection fees as follows:
(1) 
Opening of an improved or unimproved road, opening in the right-of-way, behind the curb, or opening the unpaved shoulder in a public right-of-way. An applicant shall post a minimum fee of $50 per road-opening permit and shall be required to sign the statement to the effect that all reasonable costs by the City associated with the inspection of a road opening related to the permit shall be paid upon billing and proof of expenditure of the costs to the City. In all cases, the minimum road-opening fee shall be $50. Fees for road-opening permits in excess of $50 shall be based on § 341-7B.
B. 
The road-opening-permit fee shall be charged by the City Engineer for the issuance of a permit, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The permit fee shall be in an amount varying with the size of the road opening and roadway typical section, as follows:
(1) 
Size of trench opening.
(a) 
First 16 square feet: $50.
(b) 
Greater than 16 square feet but less than or equal to 50 square feet: $100
(c) 
For every square foot of opening greater than 50 square feet, the fee shall be $1 per square foot.
(2) 
Curb and gutter installation permits.
(a) 
Zero to 100 feet: $50.
(b) 
For every one-hundred-foot increment beyond 100 feet, an additional fee of $25 is charged.
(3) 
Burial cable.
(a) 
Fees.
[1] 
Up to 1,500 feet: $50.
[2] 
Over 1,500 feet: $75 plus $10 for every 1,000 feet thereafter.
(b) 
The fees apply to cables a maximum width of six inches in shoulder. For cables of greater widths, trench fees apply.
(4) 
Maximum.
(a) 
Maximum road-opening-permit fees shall be based on a cap, set by the City Engineer, as follows:
[1] 
Trench opening: $500.
[2] 
Curb and gutter installation: $500.
[3] 
Burial cable: $500.
(b) 
The maximum road-opening-permit-fee cap may be adjusted based on special circumstances impacting the project, which fee shall then be established by the City Engineer.
C. 
Performance bond.
(1) 
No permit shall be issued hereunder prior to the submission of a performance bond in the amount of $90 per square yard of excavation. This performance bond shall serve to guarantee that the road openings will be properly closed and that the road, street or highway will be satisfactorily reconstructed.
(2) 
In the alternative, a certified check in the same amount shall be provided with the application.
D. 
Maintenance bond.
(1) 
A maintenance bond shall be posted prior to the release of the performance bond. The maintenance bond shall be equal to 10% of the performance bond. This maintenance bond will remain in effect for a period of two years. This bond may be in the form of a surety bond, cashier's check or certified check. The purpose of the maintenance bond is to guarantee to the City of Vineland that the permittee will satisfactorily maintain the construction, excavation or road opening for a period of two years.
(2) 
A maintenance bond will not be required if the final restoration is done by the county.
E. 
A utility company may, in lieu of giving a separate bond for each project, annually in January of each year, post a performance bond or a corporate bond in an amount sufficient to encompass the estimated work to be performed by said company during the calendar year; provided, however, that when the openings of trenches exceed the amount of the bond posted, additional bonds and/or cash security will be required. Bonds which are based on automatic renewal shall state the renewal date with the certificate of renewal filed with the City.
F. 
A utility company or authority may also name the City as a coholder of its performance and maintenance bonds, provided that they are of greater or equal value, in projects done by an outside contractor.
G. 
All checks and bonds under this chapter shall be submitted to the City Engineer and shall be made payable to the City of Vineland. Cash will not be accepted. The City of Vineland will hold performance bonds until final inspection and maintenance bonds for two years after final acceptance.
The applicant, upon securing said permit, agrees that the City of Vineland, its officers, employees and agents 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 City of Vineland, in issuing said permit, shall not assume the liability in connection therewith. In the event of any suit or claim against the City of Vineland by reason of the negligence or default of the permittee, upon the City's giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for the City's costs, together with attorneys' fees, in connection with such suits.
A. 
Prior to performing any work under the permit, the permittee shall deliver to the City Engineer a certificate of insurance in the sum of not less than $1,000,000 combined single limit bodily injury and property damage liability or a split limit of liability in the amount of $1,000,000 bodily injury and $1,000,000 property damage. The certificate of insurance should also indicate that bodily injury and property damage liability coverage is provided for products liability and/or completed operations. Where applicable, the permittee shall demonstrate that the explosion, collapse and underground exclusion has been removed from its insurance policy. The insurance carrier will not cancel said insurance without giving the City of Vineland at least 20 days' notice thereof in writing. The insurance policy must remain in effect for a two-year period following completion or be no less than coextensive with the life of the performance bond. Further, the City Inspector shall sign a certificate of satisfactory completion. However, said certificate shall not nullify the above bond conditions.
B. 
On projects done by outside contractors where a utility company or authority is requiring a certificate of insurance greater than or equal to the City's requirements, the contractor's policy must name the City as an additional insured.
A. 
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The permittee shall keep all street openings guarded at all times and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices maintained throughout the performance of the work, and no greater part of any road shall be opened than that specified in the permit.
B. 
All persons, firms or corporations granted a permit to make an excavation, opening or trench in the public streets and highways of the City shall, at all times, maintain suitable barricades and guards, display proper warning signals and flags, in accordance with the current edition of the Manual on Uniform Traffic Control Devices, or any supplemental or amendments thereto, and provide all necessary watchmen to prevent injury to any person or vehicle by reason of the work. Such barricades shall be protected by sufficient lights at nighttime. Streets and highways must be kept open for traffic at all times except when otherwise ordered or approved by the City Engineer or Chief of Police. All excavations remaining open overnight shall be further protected by an enclosure consisting of, as a minimum, a snow fence. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property and shall not be deemed as authorization to leave a street open when ordered to do otherwise by the City Engineer.
C. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No public right-of-way shall be closed to traffic without the prior consent of the City Engineer and unless the closing is approved by the Director of Public Safety. The Police Department shall be informed of all street closings at least 48 hours in advance. In the event that a road is closed, uniformed police may be required to act as traffic directors, and the proper traffic control devices shall be erected and maintained in accordance with standards described in the latest edition of the Manual on Uniform Traffic Control Devices, as published by the Federal Highway Administration. The permittee desiring to close a road to traffic shall also notify the Fire Department, school board and postal service. The permittee shall pay for all costs associated with uniformed police service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Where flagmen are deemed necessary, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, and in the instances in which this would not be feasible, the City Engineer will designate detours. The City shall maintain roadway surfaces of existing roadways designated as detours without expense to the permittee, but in case there are not existing roadways, the permittee shall construct all detours at its own expense and in conformity with the specifications of the City Engineer.
E. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants, utility valves and maintenance. Materials or obstructions shall not be placed within 15 feet of fireplugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
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 barriers to confine earth from trenches or other excavations in order to encroach upon roadways 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.
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 City street or public right-of-way 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 City-related facilities.
A. 
All work shall be governed by the New Jersey State Department of Transportation 1983 Standard Specifications for Road and Bridge Construction, with all amendments and supplements except as supplemented herein.
B. 
No work shall be done in such a manner as to interfere with any water main or sewer line or any connection with either of the same from any building, unless that is the purpose of the excavation or permission has been obtained in advance from the City Engineer. No work shall be carried on in such a manner as to result in damage or destruction of any property of the City of Vineland, unless this is necessary for completion of the work and permission has been obtained in advance from the City Engineer.
C. 
For all openings:
(1) 
The paved roadway surfaces shall be cut vertically with a sharp tool on a straight line before excavating. The edges of the opening shall be as square and clean cut as possible.
(2) 
The material excavated from the trench opening shall not be replaced as backfill unless specifically permitted by the City Engineer.
(3) 
All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in a manner prescribed by the City Engineer. Where the City Engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, cinders or other suitable material, which shall be placed in layers (not exceeding six inches in depth) and thoroughly compacted in the manner prescribed by the Engineer. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Engineer determines that any backfilled excavation has settled or caved in, he shall notify the permittee, who shall promptly continue backfilling until the Engineer determines that settlement is complete.
(4) 
Clean granular backfill shall be furnished from outside sources and deposited in layers and compacted in such a manner and by such matters as to achieve ninety-five-percent standard proctor density throughout the entire backfill.
(5) 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete or pressure-grouted.
(6) 
The uncompleted length of a road opening allowed under a permit at any one time shall not exceed 50 linear feet, unless approved by the City Engineer.
(7) 
All openings must be backfilled immediately and final pavement restored between 30 and 90 days.
(8) 
All openings in roadside areas shall be backfilled and leveled with clean granular material to within four inches of the adjacent grade. After proper settlement, four inches of topsoil shall be placed and the area fertilized and seeded. Mulching shall also be placed when directed by the City Engineer. Should proper growth not be achieved, the area will be reseeded as necessary.
(9) 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the City Engineer.
(10) 
Any opening or restoration procedure which is not in conformance with the technical specifications listed in this chapter must be approved by the City Engineer.
(11) 
Upon completion of work, the applicant will request a final inspection by the City Engineer. If work is completed in a satisfactory manner, a certificate of satisfactory completion will be signed. Upon the signing of this certificate and the delivery of a maintenance guaranty to the City Engineer, the performance guaranty will be returned.
(12) 
In any case where the contractor has not complied with these regulations to the satisfaction of the City Engineer, the Engineer, without notice, may cause the work to be done, and the cost shall be charged against the bonding company.
(13) 
Where openings are made in a roadway, disturbing more than 25% of the roadway, the entire roadway width shall be overlaid with a two-inch and variable thickness of FABC-1, Mix 5, pavement applied to the entire length of the disturbed area and rolled in place to obtain a smooth pavement surface.
(14) 
The City Engineer may, in his discretion, waive the paving of the entire roadway in cases where less than 50% of the roadway is disturbed.
(15) 
All traffic control devices, i.e., signs, stripes, etc., removed as a result of said permittee's street opening shall be replaced in conformance with the Manual on Uniform Traffic Control Devices, to the satisfaction of the City Engineer, upon final restoration.
(16) 
All excess of excavated materials on any street shall be promptly removed from the street by the person, firm or corporation receiving the permit.
(17) 
Dewatering.
(a) 
The contractor shall furnish sufficient pumping equipment at his own expense for satisfactory drainage whenever needed in the trench and other excavations during the progress of the work.
(b) 
All water pumped and bailed from the trench or other excavation shall be conveyed in a proper manner to a suitable point of discharge.
(c) 
The flow in all sewers, drains and watercourses encountered on the work, and in gutters alongside of or across the work shall be entirely provided for, both temporarily and permanently, as required, by the contractor and at his expense.
(d) 
Hay bales or other methods approved by the Soil Conservation Service shall be placed at inlets to prevent sand and silt infiltration.
A. 
Temporary restoration.
(1) 
Temporary restoration shall consist of a two-inch minimum compacted depth of bituminous cold-patch material placed on the base material, brought to adjacent existing grade, and shall be maintained by the permittee. During the months when hot-mix bituminous concrete is commercially unavailable, the trench or excavation shall be restored using 10 inches of gravel subbase and two inches of cold-mix bituminous concrete, RR102-Fine, or its equal. The contractor shall, to the satisfaction of the Engineer or his designated representative, maintain the surface of the trench until permanent restoration is made.
(2) 
No permittee shall commence the final restoration of any street foundation or surface until the settlement of the subsurface is complete and the area is properly prepared for final restoration. Should settlement continue to be inadequate, the City Engineer shall determine when the work is acceptable for final restoration.
B. 
Final restoration of oil and stone roadways.
(1) 
For openings in gravel and oil and stone roads, clean granular backfill shall be added. Eight inches of road gravel (soil aggregate Type 1-5) shall then be added to a level 10 inches minimum below the level of the adjacent paved surfaces. A two-inch minimum depth of cold patch shall be placed on the base material as temporary restoration only.
(2) 
The permittee shall perform the final restoration by removing the two-inch patch and replacing it with FABC-1, Mix-5, rolled in place to obtain a smooth pavement surface. All joints between the new and existing pavements shall be saw cut and sealed with a tack coat.
C. 
Asphalt pavement restoration, final.
(1) 
As to asphalt pavements, before placing the base course, the opening shall be cut back six inches beyond the perimeter of the trench opening and a tack coat applied to all joints. The tack coat shall be asphaltic oil Grade RC-0 or emulsified asphalt 2S-2 or equal. At least one foot of backfill shall be quarry blend, except high-pressure liquids, i.e., water mains or services, where eight inches of compacted gravel (soil aggregate Type 1-5) will be acceptable. Where the existing pavement depth is greater than two inches, the layer of crushed stone [1 1/2 inches (quarry blend)] shall be installed at a twelve-inch depth between the gravel and bituminous stabilized base course to obtain a minimum depth for four inches bituminous stabilized base course (I-2 or I-3) conforming to the standard specifications of the New Jersey Department of Transportation.
(2) 
For openings in newly constructed or reconstructed (five years old or less) pavements, a four-inch minimum final layer of bituminous stabilized base (I-2 or I-3) course shall be required on all openings and two inches FABC surface course (I-4 or I-5) as specified in the standard specifications of the New Jersey Department of Transportation.
(3) 
For openings in concrete or asphalt overlays on concrete, reinforced Class C concrete shall be installed at a minimum thickness of six inches or whatever is existing, whichever is greater. The concrete shall be doweled into existing concrete with No. 6 rebars 12 inches O.C. in all directions. If an asphalt overlay existed over the concrete, then the identical thickness of bituminous stabilized base course shall be placed over any new concrete repairs.
D. 
If the work is not completed within the time specified in the permit or any extension granted by the City Engineer or is not performed in accordance with the regulations set forth in this section and any other regulations that may be established by the City Engineer, then the City may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be recovered without limit by an action in any court of competent jurisdiction.
E. 
The applicant shall have 24 hours to effectuate repairs to any opening when notified by the City Engineer. Prior to final restoration, should the applicant fail to make repairs, repairs will be made by the City, and all costs of said repair shall be borne by the applicant. If payment is not made, the City will notify the applicant of its intent to file against the bond.
A. 
If more than three individual holes are required within a twenty-foot length, a single trench must be used rather than the individual holes. In no case will more than three individual holes be permitted.
B. 
The City shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with any conditions imposed on the issuance of the permit and the specifications. The City may, upon the recommendation of its inspector:
(1) 
Order a temporary stop to any road opening.
(2) 
Order that the applicant perform or correct specified work in accordance with the directions of the City Engineer.
(3) 
Order a stop to any work and revoke the permit, in which event the City shall complete or cause to be completed the work and declare the applicant's cash deposit forfeit or notify the applicant's surety of an intent to file claim on the bond.
(4) 
Correct any work after notification to the applicant and the neglect or the refusal of the applicant to make corrections as indicated and, upon doing so, declare the applicant's cash bond forfeit or notify the applicant's surety of an intent to file a claim on the bond.
(5) 
Take any other action deemed reasonable under the circumstances.
A. 
If, by special permission of the Mayor or his designee, a permit is issued to open any paved or improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event that the work is of an emergency nature. The penalty charge shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof for the five-year restriction period.
B. 
Example. For an opening made with 55 months left on the moratorium, the total permit fee shall be calculated as follows:
Cost of opening: $975.
Penalty fee: (2% x 55 months) x $975 = $1,072.50
Penalty fee:
$1,072.50
Cost of opening:
$975.00
Application fee:
$15.00
Total permit fee:
$2,062.50
A. 
The terms of this chapter shall not apply to a road, street, avenue, highway or right-of-way within any subdivision approved by the appropriate governmental bodies prior to the City of Vineland having accepted the same for maintenance.
B. 
In an appropriate case of an application of a public utility for the installation, removal, replacement or maintenance of utility poles in the right-of-way where the cartway will not be disturbed, damaged or substantially affected and where said activities will not create, constitute or result in a hazard or conditions detrimental to the public health, safety and welfare, the City Engineer or his designee may waive compliance by said utility with the terms of this chapter as may be deemed inappropriate to the accomplishment of the intent and purposes of this chapter.
C. 
The City Engineer or his designee may waive compliance with any of the terms of this chapter in the case of an application by a federal, state, county or municipal governmental body, department, agency or authority.
A. 
Any person, firm or corporation violating any provisions of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The municipality may withhold issuance of future permits if the applicant has failed to restore prior street openings in compliance with this chapter.