1. If at any time in the future, the highway is widened or the alignment or grades changed, the permittee further agrees to the extent now or hereafter required by ordinance statutory or common law, to change or relocate, at its own expense, any part of the structures covered by this permit which interferes with the improvement of the highway, to such location within the limits of the legal right-of-way of the highway as may be directed by the Inspector or other local authorities.
2. During the time when any road or highway covered by this permit is under process of construction and/or until said road or highway is accepted by the Township, no permittee will be authorized to enter upon said highway for the purpose of erecting poles, laying conduits, water, steam, oil, or gas pipes or sewers, or doing any other work whatsoever which might interfere with the construction of the road or highway, unless said permittee shall first file with the Township a duly attested certificate signed by the contractor or other authority constructing said road or highway, which certificate shall contain full consent to such proposed operation of said permittee within the lines of the said road or highway, together with a satisfactory waiver, release, and quit-claim to the Township of all damages and all defenses whatsoever for delays by reason of such operations and occupations of said roadway by said permittee, or from any cause whatsoever resulting by reason of such operation and occupation, provided that the provisions of this paragraph shall not apply in case of emergency; in such case the permittee shall procure the written consent of the Inspector to do such work as may be deemed necessary to correct the existing emergency conditions.
3. Any opening or impairment of any nature whatsoever of any improved surface within the Township right-of-way must be repaired immediately with a temporary two inch (2") depth of bituminous material and shall be maintained until permanent restoration is made.
4. The Township may at its option require the applicant immediately upon the completion of the backfilling of a trench to permanently replace the base course and wearing surface, or may within five (5) days from the date of the completion of the backfilling require the applicant at any time thereafter to temporarily close up or repair the openings in the pavement until such time as the pavement surface may be permanently restored, the expense of such temporary restoration of the surface, as well as the correction of any omissions in the backfilling to be at the expense of the permittee. The laying of hot-mix bituminous concrete and Portland cement concrete shall not be permitted between November 1st and March 1st except by written permission of the Township Inspector. Street excavations made during the period shall be filled with eight (8) inches of crushed aggregate base course and surfaced with a temporary bituminous cold patch material until Spring. At that time, the applicant shall be required to remove the temporary cold patch and place the final hot-mix bituminous concrete surface course.
5. In the replacement or restoration of permanent roadway surfaces, the permittee shall cut back the surface and supporting base as far as may be deemed necessary by the Township Engineer to afford a good support upon firm earth or to remove any part of the surface and base which may become damaged by reason of the said excavation.
6. If the Inspector finds that paving surfaces adjacent to the street opening were damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he may require a negotiated contribution from the permittee for the resurfacing in place of patching of such street if the total area of the proposed patch or probably damaged area exceeds twenty-five (25) percent of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
(Ord. 97, 42, 1-14-81)