§ 247-19. Specifications for restoration of road.
   It is the expressed desire of the town to limit roadway disturbance to the greatest extent possible and to complete all restorations in such a manner as to provide for a stable and safe roadway, sidewalk, shoulder and/or lawn area acceptable to the town and to the reasonable satisfaction of the adjacent property owners.
   A.   Restoration Limits and Type - The type, thickness, and extent of any roadway restoration shall be as directed by the Town Engineer depending on the following conditions:
      (1)   Condition and classification of the existing roadway or right-of-way (ROW).
      (2)   Length of time since the roadway was last resurfaced.
      (3)   The extent (length, width, depth) of the proposed disturbance and restoration.
      (4)   Type of utility installation that will occur.
      (5)   The amount of proposed roadway openings, test pits and/or pilot holes which are completed within the roadway surface.
      (6)   In order to avoid unnecessary roadway pavement, sidewalk, shoulder area or disturbance to existing municipal utilities and service lines, the use of directional drill, borings, blowpipe or other acceptable means of utility installation shall be employed wherever possible,
   B.   In order to provide for proper trench compaction in accordance with NJDOT Standards, trenches shall be backfilled with clean backfill free of clay and debris in layers not to exceed 12 inches and a vibratory tamper or similar equipment shall be used to provide satisfactory compaction of the trench area to reduce the potential for settlement. Should there be a deficiency of suitable fill, additional backfill material shall be supplied. Whenever the Town Engineer or his/her duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
   C.   In all cases where the road or street is to be excavated, the permittee is obligated to restore said road or street to the construction standards noted in Section 247-20 in compliance with NJDOT standards and as directed by the Engineer. In all cases of excavation or milling of the final surface course pavement, the existing bituminous surface shall be neatly saw cut straight through the existing bituminous surface, one foot wider on all sides than the initial excavation to allow the final surface pavement to be placed on undisturbed sub-base material. The final restoration must be completed to encompass all areas disturbed during the utility installation to ensure that a stable trench restoration is accomplished. The final restoration limits will be determined in the field with the Town Engineer or an authorized representative of the town and the contractor.
   D.   After backfill, the trench will be inspected by the Town Engineer or his/her representative, and he/she will determine the extent of resurfacing necessary, i.e., trench area only, half lane width or restoration of the entire roadway width for a specified width and length on each side of the opening. In the event that the roadway has been resurfaced by the town during the previous five years, the Town Engineer shall require full lane width or full roadway width restoration for a distance of ten feet on each side of the roadway opening unless otherwise approved by the Mayor and Town Council.
   E.   All saw cut edges of the existing bituminous surface shall be tact coated and sealed to form a water tight flexible seal between the two roadway surfaces.
   F.   In the case of a trench or opening in the grass shoulder, the applicant shall restore the top four inches of the trench with material capable of supporting the growth of grass and shall fertilize and seed said surface to provide a stable stand of grass satisfactory to the affected property owner and Town Engineer.
   G.   Whenever required by the Town Engineer, requests for service lateral installations which require crossing the existing paved surface shall be performed utilizing a driven, board or other approved methodology for completion of pipe installation under the paved portion of the road or street without disturbing the surface.
   H.   Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the Town Engineer or his/her representative.
   I.   Within 48 hours of the anticipated commencing of final restoration work, the applicant shall request an inspection by the Town Engineer at which time the Town Engineer will determine whether the road restoration was completed in a satisfactory manner or will require additional road restoration. However, inspection escrow fees will be held until a subsequent inspection is made by the Town Engineer within one year and again after two years of completion of the permanent roadway, shoulder, sidewalk or lawn restoration, but no later than two years from the inspection date of the permanent paving restoration. At that time the Town Engineer may require additional road restoration to be completed by the applicant prior to release of the inspection escrow fees or shall request the Municipal Clerk to release any remaining escrow fees, project, performance, maintenance bonds, and other surety to the applicant if said restoration is deemed satisfactory. The onus of requesting inspections and release of escrow fees remains on the applicant.
[Amended 10-24-2011 by Ord. No. 18-2011]
   J.   In any case where the contractor has not complied with these regulations to the satisfaction of the Town Engineer or his/her representative, the Engineer, upon providing requisite notice to the bond company or immediately if, in the sole opinion of the engineer, a public emergency exists without notice, may cause the work to be done, and the cost shall be deducted from the performance bond posted by the applicant. If no bond has been posted, the applicant shall be personally responsible to reimburse the town for that cost and, failing that, the town shall have the power to impose a lien upon the property in question.