§ 152-10. Rules and regulations for openings., Article II. Excavations, Chapter 152. Streets and Sidewalks, Part II. General Legislation, Code of Ordinances, West Windsor

Protection for traveling public. The party or parties to whom the permit is issued shall keep such opening properly guarded and at night shall place lights thereat and, in doing the work, shall interfere as little as possible with the travel along the road and not close the road to traffic unless the party or parties to whom the permit was issued was granted permission so to do by resolution of the Township Council.

Time limit. In case the work has not been completed before the date of expiration as stated in the permit and the party or parties to whom the permit was issued have not requested an extension of time, the Township Engineer may, if deemed advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit had been issued, and if any extension of time beyond said date is needed for the completion of the work, a new application must be filed.

Excavation. The work shall be so conducted as not to interfere with any water main, sewer or their connections with houses until permission of the proper authorities shall have been obtained. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting. No excavation which will damage trees or township property shall be made without the approval of the township.

[Amended 4-19-1999 by Ord. No. 99-07]

Trench restoration. All trenches in existing township roads shall be restored to the satisfaction of the Township Engineer, and such restoration shall include the following:

[Amended 12-30-1985 by Ord. No. 85-37]

(1)

All bedding material in the haunch portion of the bedding area shall be:

(a)

Choked clean stone using approximately one part clean sand to two parts clean, uniformly graded crushed stone or river gravel; or

(b)

Sandy gravel (insitu material), if approved by the Engineer on a site specific basis; or

(c)

Clean stone, only if enveloped with filter fabric of a type approved by the Engineer.

(2)

Above the bedding haunch area to one foot above the pipe shall be clean sand with not more than 10% passing the number 100 sieve size. This material shall be compacted to 90% maximum dry density.

(3)

Above the bedding area as described in Subsection D(2) above shall be sand/cement backfill.

(a)

If placed wet, sand/cement material shall be vibrated sufficiently to ensure that no voids remain, using 180 cycles per second in head motor vibrator or equal.

(b)

If placed dry, the placement of sand/cement shall be in layers not more than 12 inches deep and compacted to 95% maximum density at optimum moisture content.

(c)

In the case of either Subsection D(3)(a) or D(3)(b) above, the sand/cement backfill shall be brought to a level six inches below the bituminous concrete stabilized base course and FABC of such thickness as is specified in § 200-91 of the Code of the Township of West Windsor for the specific class of road being restored.

(d)

Following the placement of the sand/cement backfill, the contractor shall line cut the existing edges of pavement so that the minimum length and width of the existing sound pavement removal shall be not less than 24 inches wider than the widest and longest disturbed portion of the trench excavation. Such line cuts shall be in a clean, single straight line so as to permit proper compaction of 1 to 5 soil aggregate and bituminous stabilized base course.

[Amended 4-23-2018 by Ord. No. 2018-14]

(e)

Six inches of 1-5 soil aggregate is required in the area identified in Subsection D(3)(d) above. Careful attention should be paid to the percent of content of fines in any portion of the restoration, and such content shall not exceed the current New Jersey Department of Transportation standards for 1-5. This soil aggregate shall be compacted to 95% maximum density at optimum moisture content.

(f)

Upon proper placement and compaction of the 1-5 soil aggregate and bituminous concrete base course, the edges of the existing pavement of the FABC shall be tack coated with an approved tack coat material. In no case shall the existing pavement thickness reduce the thickness of the pavement restoration requirements.

(g)

The two inches FABC shall be placed in such a level so as to support the entire weight of the roller on the newly placed FABC so that when the rolling is finished, the FABC shall be consolidated to the density consistent with the requirements of the current NJDOT specifications and be 1/4 inch higher than the existing and/or surrounding pavement. In the event that the 1/4 inch higher pavement could cause drainage problems, the exact elevation of the patch FABC shall be as approved by the Township Engineer.

(h)

All edges shall be sealed with the same material used for tack coat, such as rapid curing cutback asphalt, grades RC70 or RC-T or approved equal.

Violations and penalties. Any person violating Subsection D of this section shall, upon conviction, pay a penalty of not less than $500 for each violation. Every day in which a violation exists shall constitute a separate violation, with the minimum penalty as heretofore described. The maximum penalty shall be as is otherwise provided in Chapter 1, General Provisions, Article II, Penalty, § 1-3 of this Code.

[Amended 12-30-1985 by Ord. No. 85-37; 4-23-2018 by Ord. No. 2018-14]

Backfills in tunnels. In cases where it becomes necessary to resort to tunneling operations to reach the point of connection with the main line, the backfill in such tunnel shall be of rammed cement concrete composed of a mixture by volume of one part cement to six parts of coarse aggregate material not inferior to cinders.

Special conditions. The township reserves the right to impose special conditions in special cases.

Whenever any road opening shall require the closing of a road or the disruption of any utilities, 72 hours advance notice of such opening shall be provided to the Township Engineer.

[Amended 9-27-1982 by Ord. No. 82-44]

Indemnification of Township. Each permittee shall, as a condition of accepting any permit issued hereunder, save, hold and keep harmless and indemnify the Township, its officers, agents, servants and employees from and against any loss, damage, claim, demand or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under such permit.

[Added 4-23-2018 by Ord. No. 2018-14]

Insurance. No permit shall be issued until the applicant has furnished the Engineer with satisfactory proof that he/she is insured against injury to persons and damage to property caused by any act or omission of the applicant, his/her agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including, but not limited to, collapse and explosion, and shall also insure against liability arising from the completed operations. The limits of the insurance shall be $300,000 for injury to any one person, $500,000 for injuries to more than one person in the same accident and $300,000 for property damage for a single incident. The governing body may waive the requirements of this subsection for public utilities on the presentation of satisfactory proof that they are capable of meeting claims against them up to the amount of the limits of the insurance policy which would otherwise be required. The insurance required by this section shall name West Windsor Township as additional certificate holder and additional insured.

[Added 4-23-2018 by Ord. No. 2018-14]

Acceptance of work. Acceptance or approval of any excavation work by the Township Engineer shall not prevent the Township from asserting a claim against the permittee and his/her or its surety under the surety bond required hereunder for incomplete or defective work, if discovered within 12 months from the completion of the excavation work. The Township Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.

[Added 4-23-2018 by Ord. No. 2018-14]