[HISTORY: Adopted by the Township Committee of the Township of Ocean as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1965-3, as amended through Ord. No. 1993-5 (§ 14-1 of the 1972 Ocean Codified Ordinances)]
No person, firm, partnership, corporation, utility, quasi-public body or other entity shall open or dig a trench in a public road, street, highway or thoroughfare of the Township nor direct or cause any employee, agent or contractor of such person, firm, partnership, corporation, utility, quasi-public body or other entity to open or dig a trench or make any other excavation or disruption of pavement in any street, highway, road or thoroughfare of the Township until a written permit for such opening, excavation, trench or other pavement disruption has been duly issued by the Township Engineer.
Application for all permits to excavate, open or dig trenches or otherwise disrupt or break pavements in any public road, highway, street or thoroughfare of the Township shall be made on the forms provided by the Township Engineer. Accompanying all applications shall be the following:
A clearly legibly drawn plan or sketch delineating the exact location of the street opening. The sketch plan shall include the following information:
The length and width of the opening;
Location of the existing Township storm drainage systems and appurtenances within a one-hundred-foot radius of the opening;
Location of all curbing, sidewalk and other municipal improvements within a one-hundred-foot radius of the trench of road opening limit;
Where depths of trenches or excavations are such that shoring, sheeting or other means of stabilizing or bracing the trench opening is required, detailed plans, bearing the seal and signature of a New Jersey licensed professional engineer.
Certificate of liability insurance indemnifying and holding harmless the Township from any liability arising from the street opening or trench or restoration thereof;
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 day or overnight, detailed barricade, warning device and detour plan conforming to 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 Township Engineer and Ocean Township Police Department;
A written schedule of operations indicating the anticipated dates of streets openings and excavations and restoration work.
Permittee. The permit shall be issued jointly in the name of the contractor actually performing the work of the street opening and the person, firm, partnership, utility, corporation or other entity for whom the work is to be performed. It shall be understood that the Township shall hold equally liable and responsible for 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 pavement and all else related to the trench or excavation and restoration thereof.
Permit. No street opening or any other work within the right-of-way of public road, street, highway or thoroughfare of the Township shall commence until written permit has been duly issued by the Township Engineer. 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.
[Amended by Ord. No. 1999-2]
The following schedule of fees is fixed, determined and established as being the fees to be paid to the Township for the issuance of all road opening or street excavation permits. Should any additional costs be incurred by the Township due to the permittee's operations or negligence, including administrative, engineering, inspection and legal costs, the permittee shall reimburse the Township for all such costs incurred.
An inspection fee shall be paid by every person requesting a permit as set forth herein.
Disposition of fees. All fees set forth in Subsection B of this section shall be payable to the Township and shall be nonrefundable. Fees shall become the property of the Township. Any additional fees due and owing to the Township over and above that which is set forth hereinabove as result of an unusual number of inspections required because of actions over which the Township has no control, must be reimbursed to the Township by the applicant before further inspections are performed by the Township Engineer.
Each applicant for permit for a such opening or trench shall post, prior to issuance of any road opening or street excavation permit, a performance guaranty insuring proper and satisfactory completion of all pavement and trench restoration in strict accordance of the performance guaranty shall be estimated by the Township Engineer for each street opening or trench excavation and shall be based upon the pavement requirements and restoration necessary for each specific application.
The performance guaranty shall be posted with the Ocean Township Treasurer and shall be in any of the forms indicated herein:
Certified check drawn payable to the Township and drawn on a New Jersey bank.
Letter of credit drawn in favor of the Township and issued by a New Jersey fiduciary institution. The letter of credit shall be subject to the review and approval of the Township Attorney for form prior to its acceptance.
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.
Maintenance guaranty. Upon completion of the final permanent restoration to the satisfaction of the Township Engineer of the public road, street, highway or thoroughfare in accordance with all standards set forth herein, a maintenance guaranty shall be posted by the permittee. The maintenance bond shall be in one of the three forms set forth in Subsection B of this section. The maintenance guaranty shall be an amount equal to 50% of the performance guaranty amount and shall remain in force for a period of not less than two years from the date of acceptance of the permanent pavement restoration by the Township Road Department Superintendent.
Release of guaranties; performance guaranties. Performance guaranties shall be released upon satisfaction of the following conditions:
Approval of the Ocean Township Engineer of all final, permanent road restoration work accordance with the standards set forth in this chapter;
Posting of an acceptable maintenance guaranty conforming to the requirements set forth in Subsection C of this section;
Satisfaction of any outstanding restoration for other street opening excavation permits in which construction has completed and/or restoration has either not been completed, has failed or is otherwise unsatisfactory.
Any bona fide utility regulated and licensed by the New Jersey Board of Public Utilities may, in lieu of posting separate maintenance and performance guaranty, post one maintenance or performance guarantee. The amount of the guaranties shall be determined by the Township Engineer. The utility shall provide to the Township Engineer 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 pavement restoration work. This shall not relieve the utility of any responsibilities for obtaining the necessary road-opening permits.
All pavement restoration shall be in strict compliance with the standards set forth herein, and all materials shall conform to 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."
Pavement restoration. The restoration of all bituminous surfaced roadways disturbed, opened, excavated or in which trenches have been dug shall conform to the following pavements types and thicknesses specified herein.
Surface course. All surface courses shall be of bituminous concrete, hot mixed, Type FABC-1, NJDOT Mix No. I-5, having a compacted thickness of 1 1/2 inches. The bituminous concrete surface shall be placed on a bituminous stabilized based 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.
Base course. A bituminous stabilized base course shall be placed in a total compacted thickness of three 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, Mix I-1 or I-2. The base course may be placed in one lift. If, however, the base course is placed in at least two lifts, each lift having a compacted thickness of not greater than 1 1/2 with the first lift being compacted in accordance with the requirements of the Standard Specifications before placing the succeeding lift of base course material. The bituminous stabilized base course shall be placed on an aggregate subbase course conforming to the requirements set forth herein.
Subbase course. A subbase course consisting of a minimum compacted thickness of six inches of quarry blend stone conforming to gradation Type 1-5 or six 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.
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 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 the placement of any soil aggregate or gravel surface course.
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 Township. All concrete shall be ready mixed-unframed portland cement concrete conforming to all applicable requirements set forth the Standard Specifications for Class B concrete. All concrete shall have a minimum compressed strength (twenty-eight-day) of not less than 3,500 pounds per square inch. Expansion joints shall be of a minimum thickness of 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 inches, and all base courses beneath sidewalk shall have a minimum compacted thickness of not less than four inches.
Curb and gutters. Where concrete curbing and/or gutters are disturbed, damaged or removed, curbing and gutters of exact configuration as the existing curbing and/or gutters shall be constructed. Concrete shall be portland cement concrete (air-entrained) conforming to the requirement of the Standard Specifications for Class B concrete and shall have minimum compressive strength of 4,000 pounds per square inch after 28 days.
Topsoiled and unpaved areas. All topsoiled, seeded or otherwise unpaved areas disturbed in the course of the work shall be topsoiled within a minimum thickness of not less than four inches of loam-type topsoil. Fertilizer, lime and all other 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. All work shall be performed in accordance with the Standard Specifications.
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 inches compacted thickness.
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 of Chapter 340, Subdivision and Site Plan Review, and shall be constructed of portland cement concrete (air-entrained), Class B concrete having twenty-eight-day compressive strength of 4,000 pounds per square inch and minimum concrete thickness of six inches, including the sidewalk area traversing the apron. The apron shall be reinforced with welded steel wire mesh having mesh grid pattern of six inches by six inches and being of electrically welded construction of ten-gauge steel wire.
Temporary pavement. At the end of each working day, all trenches shall be backfilled and covered with at least a two-inch temporary cold patch. No street will be permitted to remain overnight uncovered or with only stone surface.
All methods of construction and construction practices employed in the opening of trenches, digging in streets, backfilling, compacting and restoration of pavements shall be in strict compliance with the requirements set forth herein, with the Standard Specifications or as otherwise directed by the Township Engineer.
Prior to the removal of any pavement or the excavation of any trench, the pavement shall be cut in a straight line along the lines of the trench or opening. The pavement shall be cut using 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 over-excavation, the pavement shall be saw-cut back to 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 straight line to produce straight edge abutting sound pavement over firm undisturbed subgrade.
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 within proximity of the trench or opening area in such a manner as to possibly be affected by the trenching or opening activity.
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 shall be removed and disposed of in a manner and location as approved by the engineer. 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.
Shoring, bracing and stabilization. The permittee shall ensure that 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 to all standards set forth by the Occupational Safety and Health Administration (OSHA) of the United State 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 to all applicable standards set forth hereinabove shall be employed.
No soil, 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.
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.
Backfilling. All backfilling of trenches, openings and excavations in the streets, roads, highways and thoroughfares of the Township 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.
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.
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 minimum AASHTO H-20 Loading, the conduit or pipe shall be encased in reinforced concrete with the encasement being the thickness, reinforcement and configuration to support loading. The encasement shall be constructed so that the load is not carried by the conduit or any other pipe or conduit which is located beneath the conduit or pipe under construction.
Backfill shall be thoroughly compacted by mechanical means in six-inch lifts to a minimum 95% (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 to the inspection of the Superintendent.
All backfilling operations shall be formed in strict compliance with all requirements of the Standard Specifications or as otherwise directed by the Superintendent.
Under no circumstances shall puddling, flooding or other nonmechanical means of compaction be permitted.
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.
All existing pavement edges shall be completed tacked prior to placement of bituminous concrete with heated asphalt cement Grace AC-10 or AC-20.
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.
The subbase course shall be thoroughly compacted to a minimum 95% relative density (AASHTO T-95 Proctor) prior to placing the bituminous stabilized base course.
Prior to placing the bituminous stabilized base course, a prime coat consisting of an asphalt cutback, Grace MC-250 or approved equal, shall be applied at rate of 0.25 gallon per square yard, a minimum of 12 and not greater 24 hours prior to the placement of the bituminous stabilized base course. If, in the opinion of the Township Engineer, the optimum moisture content and binder content of the subbase material is sufficient, the prime coat requirement may be waived upon specific application.
The bituminous stabilized base course material shall be placed in at least, but not necessarily more than one lift of three inches' compacted thickness. In the event more than one lift is utilized, each lift shall be 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.
A minimum interval of 30 calendar days shall pass between placement of the final bituminous concrete surface course to allow for settlement. The maximum time period which will be allowed to pass between placement of the first and filial bituminous concrete surface course will be 60 days, weather permitting.
Prior to the 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 substances 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 Township Engineer.
Prior to the placement of the final pavement, the area shall be tacked with asphalt cutback, Grace MC-70 or approved equal. The tack coat shall extend to provide a smooth transition to the existing pavement The foundation shall first be restored to a width of not less than 24 inches wider than the width of the trench and not less than 24 inches longer in length of the trench. The surface pavement shall extend 24 inches wider than the width of the foundation and 24 inches longer than the length of the foundation. In addition, in the event that the disturbance equals or exceeds 25% of the total width of the paved cartway, then and in that event the pavement restoration shall be from curb to curb to the satisfaction of the Township Engineer. In the event that 25% or more of traveled lane is disturbed, but less than 25% of the total width of the paved cartway, then and in that event the pavement restoration shall be from the curb to the central line of the cartway, to the satisfaction of the Township Engineer.
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 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.
Where traffic markings are disturbed in the course of pavement restoration or trench opening, it shall be the responsibility of the permittee to ensure that all pavement markings are restored in accordance with all applicable requirements and to the satisfaction of the Superintendent.
The permittee shall bear all responsibility for ensuring 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 ensure compliance with all provisions herein otherwise directed by either the Police Department or the Township Engineer.
Barricades, warning devices, traffic control devices.
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 (MUTCD), including design, placement and maintenance.
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.
Flashers, reflective devices and other items required to ensure 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.
Maintenance and emergency situations. The permittee shall provide to the Township Engineer and to the Ocean Township Police Department the names and telephone numbers of responsible individuals who can be contacted on a twenty-four-hour a-day, seven-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 to repair or cause to be repaired any trench restoration failure or unsafe condition.
Manholes, inlet castings, valve boxes. Should it be necessary to allow, for any period of time whatsoever, a manhole casting, storm drainage inlet casting, valve box, traffic signal detector plates or the other appurtenances in the roadway, shoulder or sidewalk area to remain above the elevation of the surrounding pavement; ground or sidewalk, barricades, bind delineators or other suitable devices provided with flasher units 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 Township Engineer, 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.
Temporary crossing; road plates. Should the permittee propose the use of road plates or other temporary bridging, the specific approval for such items must be obtained, in writing, from the Superintendent.
Detours. No detours shall be implemented unless specific written approval has been granted by the Township Engineer and the Township 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 the following submissions:
Six copies of a detour plan indicating the following information:
Location of detour indicating street from which traffic is to be detoured and streets of alternate route;
Alternate route location;
Signing plan indicating the location of all signs and details of all signs including advance warning signs, traffic direction signs and barricades;
Placement of uniformed traffic control officers. Locations of all traffic control officers conforming to the requirements herein;
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 residence and business within detour area;
Evidence of notification of all agencies, including but not limited to:
Volunteer Fire Company Service District M which detour is located;
First Aid Squad serving district in which the detour is located;
Board of Education Transportation Coordinator and Superintendent of Schools;
All other agencies as may be directed by the Township Engineer.
Application for detour approval must be submitted 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.
Uniformed Traffic Control Directors. Where the need for traffic control directors or flaggers is indicated, as determined by the Township Engineer 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 Traffic Control Devices and the State of New Jersey. All traffic control directors shall be subject to the approval of the Ocean Township Chief of Police.
[Amended by Ord. No. 2001-22]
Any person, firm, corporation, entity, quasi-public body or other entity granted permit by the Township to open or excavate a trench or other excavation or other disrupt pavement in any area within the right-of-way of any road in any road, street, highway or public thoroughfare of the Township shall accept, as conditions of the granting of the permit, the following responsibilities:
Assume 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 Township harmless from all liability and litigation;
Comply with all requirements set forth herein or as otherwise directed by the Superintendent of the Road Department;
Provide the Superintendent of the Road Department for the Township with minimum of two working days' notice in advance of commencement of street-opening work;
Notify all utilities or other entities of the street-opening work as required by New Jersey law;
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;
Prevent to the fullest extent possible the inconvenience to the public due to road-opening work and maintain at all times safe and efficient traffic circulation around the work;
Provide and maintain proper liability insurance coverage for work operations protecting and holding the Township harmless from all suits arising from the road opening;
Provide and maintain safe working conditions for all personnel and provide adequate workers' compensation insurance, holding the Township harmless and protected from all suits arising from injuries sustained by personnel the course of the permittee's operations;
Maintain proper barricades signs, warning devices and all other traffic safety devices at all times;
Obey all instructions issued regarding the permit issued by the Township Engineer;
Post all required maintenance guaranties as required and repair any defects or failures in the restoration during the period covered by the maintenance guaranty. The permittee shall ensure that all repairs are carried out within two working days of notification of restoration defects or failure by the Road Department Superintendent;
After any opening is made, the work shall be diligently prosecuted and final restoration of the disturbed surface shall be completed as soon as weather conditions permit. In case the work has not been completed before the expiration date set forth in the permit and the permittee has not requested an extension of time, the Township Engineer, if he/she deems it advisable, may take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued. If any extension of time beyond that date is needed for the completion of the work, a new application must be filed. Permits will not be renewed for a period in excess of 12 months. Expired permits may be renewed on written request. All applicants must begin construction within 60 days of the date that the permit is issued, and must proceed in a timely manner, as determined by the Township Engineer;
All permittees must daily sweep all roadways with a contained sweeper while construction is in progress. All roads must be adequately swept as determined by the Township Engineer;
Whenever the Ocean Township Municipal Utilities Authority disturbs an existing roadway by more than 25% to place, construct and/or extend a water utility line, which construction is not being paid for through any bond indebtedness, the authority shall provide at its own cost and expense, all appropriate water service connection boxes for any and all existing structures, as well as all buildable lots along such roadway under Chapter 410, Zoning, of the Code of the Township of Ocean. If the construction of such water services provided hereunder, triggers the mandatory connection provisions of Chapter 405, Water Service Connections, of the Code of the Township of Ocean, and provided the water line and/or extension thereof has not been constructed through the incurring of any bond indebtedness by the Ocean Township Municipal Utilities Authority, the property owner shall be exempt from the time frame requirements of the Township's mandatory connection ordinance. Any such property owner, if he of she so chooses, may connect at anytime thereafter by paying the there-existing and duly adopted connection fee.
All work shall be subject to the inspection of the Township Engineer or his/her agent designate. The Township Engineer shall reserve the right to inspect all work relating to the street opening, including but not limited to excavation, backfill, bedding, pavement restoration, restoration maintenance and traffic control and safety measures. If, in the opinion of the Township Engineer, the permittee is not complying with all requirements set forth herein, or as otherwise directed or that the permittee has failed to maintain safe conditions in the work area creating a hazard to both the public and/or personnel, the Township Engineer shall reserve the right to revoke the permit and require the permittee to cease work for which the permit and street opening is intended until such noncompliances have been rectified to his/her satisfaction.
All restoration work shall be subject to the review and approval by the Township Engineer. No pavement restoration shall be considered to be complete or accepted until approved by the Township Engineer. Once approved by the Engineer, notification will be given to the permittee. Release of the performance guaranty will not be authorized until satisfactory posting or acceptance of the maintenance guaranty conforming to the requirements set forth in § 336-4.
The permittee shall solely be liable for responsibility for any damages, injuries or claims resulting from the street opening, restoration or is in any connection related to the permit, the permittee's operations and actions. Nothing in this chapter shall be understood or construed by any permittee or other person as to absolve any permittee, his/her employees, agents or contractors of any responsibility for any damage or injuries suffered by any person or property in opening or digging in any public road, street, highway or thoroughfare.
The permittee shall post with the Superintendent of the Road Department a certificate of public liability insurance providing a minimum umbrella or comprehensive coverage limit of not less than $1,000,000 for injuries, including wrongful death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and property damage insurance in an amount of not less than $250,000 for damage to property for each and every 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 Township against claims arising from the operation of the permittee's contractors, subcontractors or agents.
The permittee shall provide to the Township indemnification against any liability or suits arising from the permittee's operations and the street opening or any work in connection hereof, and the permittee shall protect and hold harmless the Township, its officers, its employees and its agents against any claims arising from the permittee's operations and the street opening or any related work.
If during excavation, the watering of trenches is necessary, such dewatering methods shall be controlled in a safe and reasonable manner as determined by the Township Engineer. The Township Engineer shall be solely authorized to approve all dewatering methods in order to contain and control the dewatering flow.
Notwithstanding the above, the Ocean Township Municipal Utilities Authority, when requesting the issuance of a permit in accordance with § 336-2, shall not be required to post or pay a fee as required in § 336-3. However, the Ocean Township Municipal Utilities Authority will be required to comply with inspection arrangements as set forth hereinabove, and will be required to restore disturbed areas as specifically set forth in this chapter.
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 less than $100 and no more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both fine and imprisonment, in the discretion of the judge. The continuation of such violation 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.
[Derived from § 5-6 of the 1972 Ocean Codified Ordinances]
The owner, occupant or tenant of premises abutting or bordering on any street in the Township shall remove all snow and ice from the abutting sidewalks of such street or the abutting right-of-way actually used by the public, or in the event of ice which may be so frozen as to make removal impractical, shall cause the same to be thoroughly covered with sand or ashes, within 12 hours of daylight after the same shall fall or be formed thereon.
The owner, occupant or tenant of premises used by the public or business invitees shall remove all snow and ice from the sidewalks, streets, rights-of-way and parking areas used by the public in the transaction of business thereat, and in the event of ice which may be so frozen as to make removal impractical, shall cause the same to be thoroughly covered with sand or ashes, within 12 hours of daylight after the same shall fall or be formed thereon.
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit snow or ice into or on any street, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to that person on the sidewalk, or streets of the Township.
In case such snow or ice shall not be removed from such sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises provided in this chapter, the same shall be removed under the direction of the Road Supervisor, and the cost of removal as nearly as can be ascertained shall be certified by the Road Supervisor to the Treasurer. The Township Committee shall examine the certification, and if found to be correct, shall cause the cost to be charged against the real estate abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax in the same manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or other penalty for violation of any of the provisions of this shall not constitute any bar to the right of the Township to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.