[Ord. #381, §§ 1, 2; Ord. #479, §§ 8-2.1,
8-2.2, 8-2.3, 8-2.4, 8-2.5, 8-2.6, 8-2.7, 8-2.8, 8-2.9, 8-2.10, 8-2.11,
8-2.12; Ord. #629, § 1; Ord. #924; Ord. #2053, § 1, 3-10-2009,
amended]
[1]
Editor's Note: The power to regulate the excavation
and construction of public streets is contained in N.J.S.A. 40:67-1.
The incidental power to perform work where a responsible party has
refused to do so and recover the cost thereof is contained in N.J.S.A.
40:67-9. Power to regulate soil removal is included within the general
police power granted by N.J.S.A. 40:48-1.
As used in this section, the following terms
shall have the meanings indicated:
Shall mean the Americans with Disabilities Act.
[Ord. #2457, 11-24-2020, added]
Shall mean specifications and details for construction available
from the Bernards Township Engineering Department.
Shall mean the paved area of the street, including curbing,
drainage structures, utilities, etc.
Shall mean tree diameter at breast height.
Shall mean the Township Engineer, or his representative.
Shall mean the Manual on Uniform Traffic Control Devices
published by the Federal Highway Administration.
[Ord. #2457, 11-24-2020, amended]
Shall mean the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, and all amendments
thereto available from the New Jersey Department of Transportation.
[Ord. #2457, 11-24-2020, amended]
Shall mean the New Jersey Department of Transportation.
Shall mean all regulations from the Occupational Safety and
Health Administration.
Shall mean concrete, bituminous, paver, or other materials
that comprise the sidewalk located in the street, outside the cart
way.
[Ord. #2457, 11-24-2020, amended]
Shall mean as defined by Section 18-1.
[Ord. #2457, 11-24-2020, amended]
Shall mean construction of any kind within the street or
public right-of-way, including but not limited to cutting, trenching,
excavating, and grading.
[Ord. #2457, 11-24-2020, added]
Shall mean the Township of Bernards, Somerset County, New
Jersey.
[Ord. #2457, 11-24-2020, amended]
[Ord. #2457, 11-24-2020, amended]
a.
It is the intent of these provisions to guarantee
the restoration of the paved and unpaved portion of the street after
work has occurred within the street. All restoration work shall occur
within 14 calendar days after substantial completion of the work,
weather permitting.
b.
Unless otherwise specified herein within, all work
shall be performed in accordance with the latest edition of the New
Jersey Department of Transportation Standard Specifications for Road
and Bridge Construction and the ADA.
c.
Street openings shall not be permitted within any right-of-way or
in any streets or sidewalks that have been constructed, reconstructed,
or resurfaced within the previous five years.
d.
It shall be the responsibility of the contractor to
replace all broken or damaged pavement, curbing, drainage facilities,
sidewalks, trees and shrubs, and disturbed unpaved areas that resulted
from the contractor's action during construction, caused for any reason
by the contractor, his agents, subcontractors and/or employees. The
contractor should give special attention to vehicles of such weight
that cause damage, especially to the pavement. Notwithstanding any
other provision of this Section 18-3, if with prior approval from
the Township Engineer or in the case of an emergency, the contractor
disturbs any street or sidewalk which was constructed, reconstructed,
or resurfaced within the five years preceding the disturbance, the
Township Engineer may require the contractor to resurface and reconstruct
up to the full width of the affected portion of the street or sidewalk,
if in the Engineer's discretion such resurfacing or reconstruction
is required in order to restore the street or sidewalk to a condition
equivalent in function, durability, and smoothness of surface, to
its condition immediately preceding the disturbance.
e.
An engineering permit shall be obtained from the Township
Engineer for excavation of any kind within the public right-of-way
or Township easements on private property or for a connection to the
Township storm sewer system. All information pertaining to written
approvals shall be submitted to the Township Engineer with the permit
application. No work shall commence until the contractor has received
written notification of approval by the Township Engineer in the form
of an approved engineering permit.
f.
An engineering permit shall be obtained for the paving of any private
street or parking lot.
g.
It is the contractor's responsibility to carry on
construction in a safe and efficient manner as required by various
governmental agencies and to notify the Township Police, for work
in a street, 48 hours prior to the start of construction. Similarly,
the contractor shall notify the Township Engineer for all work in
the street or an easement. For work in the street, the permit application
shall be considered notice.
h.
It shall be the contractor's responsibility to maintain
a safe job site, in accordance with all MUTCD and OSHA requirements,
and to protect vehicular, pedestrian and bicycle traffic. The contractor
shall maintain and replace permanent and temporary signs required
by MUTCD for construction zones.
i.
The contractor shall provide the Township with a telephone
number where the contractor can be reached 24 hours a day for the
duration of the project.
j.
Should, during the course of the project, the Township
advise the contractor of failure to comply with the specifications
and requirements, corrective action shall occur within 24 hours. Should
corrective action not be undertaken by the contractor within the twenty-four-hour
period, or if the same problem reoccurs, the Township Engineer may
revoke the engineering permit and proceed to restore the street. The
contractor shall be responsible for all restoration costs incurred
by the Township including but not limited to labor, equipment, materials,
hired contractors, and administrative costs of 15%. Contractors and
subcontractors shall be hired for restoration work at the discretion
of the Township Engineer. All contractors hired for restoration work
shall be paid by the Township and the Township shall be reimbursed
by the contractor or applicant listed on the permit.
|
Should the contractor or applicant fail to pay the cost of the
work, all other permits associated in any way with the project shall
be revoked and no other Township permits shall be issued until payment
is received.
|
k.
Utility
companies, including those engaged in the installation of gas, water,
electric, and telecommunications infrastructure, shall submit annually
to the Township Engineer a list of proposed capital construction projects
for the next three years to coordinate with Township paving projects.
Except in the case of an emergency, the Township shall ultimately
determine street openings’ schedules. Upon request, the Township
Engineer may provide the utilities a prospective list of streets for
Township reconstruction or resurfacing within the next year. The Township
Engineer shall maintain a list of all streets improved within the
previous five years subject to moratorium.
l.
Damage
to Township streets or infrastructure caused by any contractor shall
be repaired to the satisfaction of the Township Engineer within 14
calendar days or the Township shall retain a contractor to complete
the repairs at the expense of the contractor or utility company.
Engineering permits shall be issued by the Township
Engineer. Permits shall be valid for one calendar year from date of
issue. All permits are subject to the following fees:
a.
Application
fee of $50.
b.
Inspection
fee of $75. For permit applications requiring a performance/maintenance
surety greater than $5,000, the inspection fee shall be established
by the Township Engineer.
c.
Performance/maintenance
surety of $100 per square yard of opening. Minimum surety shall be
$500. Surety amounts may be increased at the discretion of the Township
Engineer.
The contractor shall call the Engineering Department 48 hours
in advance to schedule inspections. The contractor shall call the
Engineering Department before the start of work to ascertain what
inspections are required for the work.
[Ord. #2457, 11-24-2020, amended]
a.
If work is required to be performed on an emergency basis, the Township Engineer may waive the requirement for written approval. However, the contractor shall perform all construction to the specifications and requirements set forth herein, and the contractor shall submit all required engineering permit paperwork as described within seven calendar days from the date of emergency street opening. The contractor shall comply with all items enumerated under Section 18-3.6, Written Approval.
b.
An emergency shall be defined as an occurrence requiring
the opening of a street, whereby any delay would result in a risk
to the health, safety, or welfare of the public, such as a utility
main break. False declarations of emergency shall be subject to a
fine of not less than $1,000 per incident.
c.
The contractor
or utility company shall notify the Engineering Department via telephone
or email within 24 hours of all emergencies.
Prior to the issuance of an engineering permit
for work within the Township street, the following written approval
is required:
a.
Maintenance and Protection of Traffic.
1.
The contractor shall furnish two copies of a detailed
map showing the location of construction signage as set forth in the
Manual on Uniform Traffic Control Devices to both the Township Engineer
and the Township Police Department. The Township Police Department
shall approve the map and the contractor shall adhere to the requirements
set forth during construction.
[Ord. #2457, 11-24-2020, amended]
2.
Should detour(s) be required during construction,
the proposed detour(s) shall be indicated on the map, along with required
signage.
[Ord. #2457, 11-24-2020, amended]
3.
Should flagmen be required for the project, the number
and time period(s) required shall be indicated on the map.
4.
If the Chief of Police determines that the best interest
of public safety requires the attendance of a police officer for the
work at any time, the Chief shall schedule the officer and the permittee
shall reimburse the Township for the reasonable costs thereof. A fee
setting forth the reasonable costs shall be set by resolution of the
Township Committee and may be periodically updated to reflect the
current costs of providing the protective services.
[Ord. #2457, 11-24-2020, amended]
a.
Within the Cart Way.
[Ord. #2457, 11-24-2020, amended]
1.
Pavement. The contractor shall saw cut the pavement
to be removed, and shall remove the pavement in a neat and workmanlike
manner.
2.
Curbing. The contractor shall saw cut and remove curbing
in a neat and workmanlike manner. Concrete curb shall be removed to
the nearest joint.
3.
Drainage and Utilities. It shall be the contractor's
responsibility to locate and protect all underground utilities and
drainage structures. If necessary, the contractor shall excavate test
pits to locate drainage and/or underground utilities. During the course
of construction, it shall be the contractor's responsibility to protect
all underground utilities and drainage structures. Should the contractor
damage any underground utilities or drainage structures, they shall
be replaced to the Township Engineer's or utility company's satisfaction
at the contractor's expense before proceeding with construction.
b.
Outside the Cart Way.
1.
The contractor shall protect all trees, shrubs, etc.
2.
Concrete Sidewalk. The contractor shall remove sidewalk
required for construction at existing expansion joints. Should no
expansion joint exist within a distance of 12 feet on either side
of the construction area, the contractor will saw cut the existing
sidewalk at the nearest tool joint and remove the existing sidewalk
in a neat and workmanlike manner. It is the contractor's responsibility
to protect all sidewalks not to be removed for the duration of the
construction period.
[Ord. #2457, 11-24-2020, amended]
3.
Bituminous Sidewalk. The contractor shall saw cut
the existing sidewalk and remove the existing sidewalk within the
construction area in a neat and workmanlike manner. It is the contractor's
responsibility to protect all sidewalks not to be removed for the
duration of the construction period.
[Ord. #2457, 11-24-2020, amended]
a.
All trenching shall be done in a safe and efficient
manner. OSHA regulations regarding open trenches shall be strictly
observed.
1.
All material removed from outside the cart way shall
be stockpiled outside the cart way. The stockpiled materials shall
not interfere with vehicular, bicycle or pedestrian traffic, shall
not interfere with drainage, or shall not cause sight distance problems
for vehicular, bicycle, or pedestrian traffic.
[Ord. #2457, 11-24-2020, amended]
b.
All trenches shall be backfilled within 48 hours of
opening of the trench.
Trenches shall be backfilled in the following
manner and with the materials set forth below.
a.
Within the Cart Way.
1.
The trench shall be free of water and all foreign
material, including soil. The trench walls shall be well formed and
free of loose material.
[Ord. #2457, 11-24-2020, amended]
2.
The trench shall be backfilled with dense graded aggregate
in six-inch lifts. After placing the six-inch lift, the material shall
be compacted by mechanical methods to 95% standard proctor density.
3.
The dense graded aggregate backfill shall be brought
to an elevation seven inches below the finished pavement grade to
leave proper depth for the pavement section as describe herein.
[Ord. #2457, 11-24-2020, amended]
4.
The backfill material shall be carried to a point
one foot outside the pavement or one foot past the back of curb if
curb is to be placed.
b.
Outside the Cart Way.
1.
The trench shall be free of water and all foreign
material, including soil. The trench walls shall be well formed and
free of loose material.
2.
The trench shall be backfilled using material acceptable
to the Township Engineer in six-inch lifts and compacted by mechanical
methods.
3.
The backfill material shall be brought to an elevation
of four inches below the finished grade to leave proper depth for
the topsoil a described herein.
[Ord. #2457, 11-24-2020, amended]
If curbing was damaged or removed during the
work, the contractor shall replace the curbing to the following specifications.
The type of curbing shall be determined by the Township Engineer.
a.
Preparation for Placement of Curb.
1.
The existing curb shall be saw cut so that no broken
concrete remains. Concrete curb shall be removed to the nearest expansion
joint.
2.
In the area where new curb is to be constructed, the existing pavement shall be saw cut and removed for the length of the new curb and the width of one foot from the curb and a new pavement section consisting of six inches of dense graded aggregate, five inches of Hot Mix Asphalt Base Course, Mix 19M64, Tack Coat, and two inches of Hot Mix Asphalt Surface Course, Mix 9.5M64, shall be constructed as set forth in the § 18-3.11 entitled "Surface Treatment."
[Ord. #2457, 11-24-2020, amended]
b.
One of the following types of curbs shall be constructed.
1.
Nine-inch by twenty-inch white concrete curb as per
NJDOT Specifications.
[Ord. #2457, 11-24-2020, amended]
2.
Six-inch by eighteen-inch concrete curb as per NJDOT
Specifications.
[Ord. #2457, 11-24-2020, amended]
3.
Six-inch vertical granite block curb as per Bernards
Township Standard Details.
4.
Six-inch sloping granite block curb as per Bernards
Township Standard Details.
5.
Eight-inch vertical granite block curb as per Bernards
Township Standard Details.
c.
Horizontal
cutting of curbing to create a depressed or dropped curb is prohibited.
The trench shall be surfaced in the manner and
with the materials set forth below.
a.
Within the Cart Way.
1.
The backfill material shall be properly graded and
all foreign material removed. Saturated or unsuitable materials must
be removed before grading with dense graded aggregate.
[Ord. #2457, 11-24-2020, amended]
2.
The contractor shall remove all broken pavement from
the limits of the trench and recut the existing pavement as required
by the Engineer. In areas where pavement has been removed outside
the limits of the trench, the contractor shall hand excavate all material
to a depth of 13 inches below finished pavement grade and place six
inches of dense graded aggregate compacted.
3.
Five inches, compacted, of Hot Mix Asphalt Base Course,
Mix 19M64, shall be placed.
[Ord. #2457, 11-24-2020, amended]
4.
The contractor shall apply a tack coat to the stabilized
base material and the pavement edges, then place two inches of compacted
Hot Mix Asphalt Surface Course, Mix 9.5M64.
[Ord. #2457, 11-24-2020, amended]
5.
For pavements overlaid or reconstructed within five
years prior to the engineering permit application date, an infrared
heater shall be utilized during the installation of the final asphalt
surface course. The required maximum temperature that the pavement
may be heated to and the total length of time of heating process shall
comply with manufacturer requirements of the infrared heater. For
pavements older than five years, an infrared heater may be required
at the discretion of the Township Engineer.
[Ord. #2457, 11-24-2020, amended]
b.
Outside the Cart Way.
1.
The contractor shall place four inches of topsoil.
The topsoil shall be to NJDOT specifications. The topsoil shall be
graded and hand raked.
2.
Lime, fertilizer, and grass seed shall be spread uniformly
at rates in accordance with NJDOT specifications.
[Ord. #2457, 11-24-2020, amended]
3.
It shall be the contractor's responsibility to water
and maintain the area in a weed-free condition and guarantee the new
seeded area for one full season (May through October). Should the
seeded area prove unsatisfactory, the entire process shall be repeated.
[Ord. #2457, 11-24-2020, amended]
4.
The contractor shall trim and paint all damaged trees
and shrubs to the satisfaction of the Shade Tree Commission (or their
representatives). Should the Shade Tree Commission determine that
trees or shrubs have been damaged so that the aesthetic quality cannot
be restored, the contractor shall replace the trees and/or shrubs
in kind at the contractor’s expense. For trees greater than
eight inches in diameter (DBH), the contractor or applicant shall
be responsible for the value of the tree as established by a professional
forester retained by the Township.
a.
Replacement of sidewalks will either be bituminous
or concrete and the replacement type shall be based on the type that
was damaged or removed unless otherwise required by the Township Engineer.
The replacement sidewalk shall be constructed to the following specifications:
[Ord. #2457, 11-24-2020, amended]
b.
The sidewalk subbase shall be graded and compacted
to the Township Engineer's requirements. Should unsuitable material
be encountered, it shall be removed and replaced with a four-inch-thick
lift of compacted dense graded aggregate.
c.
All form work shall be in a neat and workmanlike manner
and shall be inspected and approved for line and grade by the Township
Engineer prior to the placement of sidewalk.
[Ord. #2457, 11-24-2020, amended]
[Ord. #2457, 11-24-2020, amended]
a.
Upon completion of all work, the contractor shall
advise the Township Engineer and a final inspection shall be made.
The performance/maintenance surety shall be held for one calendar
year from the date of final approval. After one year from the date
of final approval, the work shall be re-inspected and any corrective
work shall be completed prior to the return of the surety.
