[Adopted 10-26-2015 by Ord. No. 2015-7[1]]
The purpose of this article is to establish rules and regulations
governing excavations, construction and maintenance of Township rights-of-way
and to provide a uniform standard of construction and construction
methods for individuals and utility companies seeking to utilize Township
rights-of-way for such purposes.
The words and phrases herein used, except where the same shall
be clearly contrary to or inconsistent with the context of this article
or the section in which used, shall be defined as follows:
The mailing address of the individual, group, partnership
or corporation for whom the work under the permit is to be performed.
The street address, or block and lot number where street
address is not available, of the location where the proposed construction
is to take place.
Those pipes and conduits providing a utility service between
the property line and the utility main.
The name of the individual, group, partnership or corporation
for whom the work under the permit is to be performed.
All material used to bring the excavated area to subgrade
condition.
Those facilities and conduits under the jurisdiction of any
licensed cable provider operating within the Township.
The area which lies between the curblines, having a hard
surface and used for vehicular traffic.
The work required to be performed under the permit.
The individual, group, partnership or corporation undertaking
to do the work requested on the permit.
That construction of concrete or bituminous concrete with
a vertical face which defines where the pavement and planting strip
meet.
That portion of curb used for ingress and egress to the driveway
and handicap ramp.
Includes that portion of a right-of-way which provides access
to an off-street vehicular facility through a depression in the constructed
curb; or, when there is no constructed curb, that area in front of
such vehicular facility as is well defined or as is designated by
authorized signs or markings.
That area of the driveway between the sidewalk and the curb
or curbline; or, where there is no sidewalk, that area between the
property line and the curbline.
Those facilities and conduits under the jurisdiction of any
electric services provider operating and/or providing electric within
and/or to the Township.
When the existing utility is leaking, broken, blocked or
otherwise malfunctioning such that the health and safety of the public
is endangered and immediate action is required.
All material removed or disturbed from its original location.
Those pipes and appurtenances under the jurisdiction of the
PSE&G Company or the South Jersey Gas Company.
Those areas so designated or required by law where the sidewalk
is ramped to meet a section of depressed curb or wheelchair traffic.
Any work the Township requires to be performed prior to the
release of the maintenance guarantee.
The type of material used for the construction of the cartway.
The document issued authorizing the required construction
to take place.
Any permit issued in accordance with this article shall be
valid for a period of six months from the date it is issued and may
be extended for an additional three-month period upon written request
to the Township Clerk prior to expiration of the original permit and
subject to the approval of the Township Engineer or Director of Public
Works.
That area between the property line and the curb or edge
of pavement.
That area between the sidewalk and property line.
That area between the sidewalk and curb or edge of pavement.
The removal and replacement of an existing structure, facility,
area or appurtenance as required under the permit.
The restoring, patching as may be required of both a temporary
and permanent nature for the protection of the public and the structure,
facility area or appurtenance.
The placing back of an existing structure, facility, area
or appurtenance in accordance with current Township specifications.
That area which is dedicated to the right of the public.
Those pipes and appurtenances under the jurisdiction of the
Township.
All utility connections between the right-of-way and the
main under the jurisdiction of the utility company, Township or private
ownership.
Those pipes and appurtenances under the jurisdiction of the
Camden County Municipal Utilities Authority.
That area designated for pedestrian traffic having a hard
service.
All written documents, plans, sketches made pertaining to
the method or manner of performing the construction or the quality
and quantities of material to be utilized.
Those pipes and appurtenances which carry stormwater and/or
groundwater, including roof drains, underdrains, yard drains and sump
pump discharge pipes within the right-of-way.
Any municipal roadway, including but not limited to any street,
avenue, boulevard, road, parkway, highway or other way owned by the
Township from right-of-way line to right-of-way line.
Those facilities and conduits under the jurisdiction of any
telephone services provider operating within the Township, including
any local or long distance telecommunications carrier.
The Township of Berlin.
Those pipes, hydrants and appurtenances under the jurisdiction
of the Borough of Berlin Water Department and/or any other water company
supplying water to the Township.
All new construction and/or replacement of existing utility
mains.
A.
It shall be unlawful for any person, partnership, limited-liability
company, corporation or other business or association to excavate,
cut, break into, damage or open any of the roads, streets, avenues,
highways and/or rights-of-way of the Township of Berlin or easements
granted thereto without first obtaining a permit pursuant to the requirements
of this article.
B.
A right-of-way permit is required for the following work and/or construction
to be performed on, over, under, in or about any Township right-of-way
or Township-owned facility or easement:
(1)
Construction, reconstruction, replacement, repair, maintenance, servicing,
or installation of sidewalks, driveway aprons, curbs, handicap ramps,
sanitary sewer mains and laterals, water mains, hydrants and service
laterals, gas mains and service laterals, telephone conduits, electrical
conduits, cable conduits, sewerage authority mains, all service connections,
storm drain mains, inlets and basins and pavement extensions;
(2)
Temporary storage of equipment materials;
(3)
Any other operations, except Township-contracted projects, which
may cause abnormal wear to or deface or damage existing structures,
pavement, curbs, sidewalks or driveway aprons or Township shade trees.
C.
The requirements of this article shall not apply to the following:
(1)
Installation of new or replacement poles, guys or overhead wires
and cables, provided that the utility company performing such work
shall contact the Township Engineer or the Director of Public Works
either prior to the placement of a pole or guy, or in the case of
emergency within 24 hours of said placement, and identify the specific
location of the required work to verify the location of all municipal
utilities within the work area;
(2)
Construction, reconstruction, replacement, repair, maintenance, servicing
or installation to be performed on, over, under, in or about any streets,
roads or rights-of-way under the jurisdiction of Camden County, it
being the applicant's sole responsibility to obtain all necessary
permits and/or approvals from the County of Camden for work to be
performed in such areas;
(3)
Work to be performed on, over, under, in or about a street or right-of-way
in any subdivision approved by the Berlin Township Planning Board
prior to the Township accepting said street or right-of-way for maintenance
purposes; and
(4)
Any such work covered under an independent or separate contract with
the Township.
A.
All persons, partnerships, limited-liability companies, corporations or other businesses, associations or government entities or agencies required to obtain a permit under this article shall file with the Township Clerk one application (in duplicate) for each opening in an envelope marked "Application for Right-of-Way Permit," which form shall be kept on file in the office of the Township Clerk and shall be made available upon request, along with an application fee as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
B.
In addition to any other information required by the application,
all applicants also shall provide the following:
(1)
An explanation of the scope of work sought to be completed which
also identifies the probability of damage to any trees, highway structures
or private property;
(2)
A diagram, sketch or plan showing the location of the work to be
performed in relation to all adjoining property lines, the nearest
intersection and all curbs or edges of pavement within the work area
and showing the dimensions of the area to be opened and the depth
of excavation;
(3)
An analysis of the impact of the proposed work upon any Township
shade trees located within the proposed area of work and a proposal
for addressing or mitigating such impacts;
(4)
A proposal for addressing work zone safety and the maintenance and
protection of vehicular and pedestrian traffic; and
(5)
In cases where the applicant is proposing work of major scope, the
Township Engineer, in his sole discretion, can require complete engineering
plans and specifications in lieu of a diagram or sketch.
C.
Upon receipt of an application that complies with the above requirements,
the Township Clerk shall forward the application to the Township Engineer
or Director of Public Works, who shall review the application and
plans.
(1)
If, after review of the application and plans, the Township Engineer or Director of Public Works determines the requested work can be performed without substantial detriment to the Township right-of-way and without creating excessive disturbances to traffic or exceptionally dangerous conditions, the Township Engineer or Director of Public Works, as the case may be, shall mark the plans either "approved" or "approved as noted" and return same to the Township Clerk for issuance of a permit pursuant to § 289-5.
(2)
If, after review of the application and plans, the Township Engineer or Director of Public Works determines the requested work would cause substantial or undue damage to a Township right-of-way or create excessive disturbances to traffic or exceptionally dangerous conditions not commensurate with the benefits to the applicant, the Township Engineer or Director of Public Works shall deny the application and return same, along with a written explanation of the reasons for denial, to the Township Clerk for issuance of a notice of denial pursuant to § 289-5.
(3)
The Township Engineer or Director of Public Works shall not approve,
either conditionally or unconditionally, any application or plans
submitted by any applicant where the Township Engineer or Director
of Public Works determines the applicant has failed to properly perform
work under another permit issued in accordance with this article or
where the applicant has failed to reimburse the Township for recoverable
costs billed under the terms and conditions of a previous permit that
was issued in accordance with this article.
D.
When it is determined an emergency exists which requires work to
be performed immediately and without the ability to apply for and
obtain a permit or modify an existing permit as otherwise required
hereunder, the Township Engineer and Director of Public Works must
be notified of the cause for said emergency work within 24 hours of
the commencement of such work and a permit must be obtained from the
Township Clerk within three calendar days of the commencement of said
work.
A.
Upon receipt from the Township Engineer or Director of Public Works of an application and plans marked "approved" or "approved as noted," the Township Clerk shall notify the applicant that the permit has been approved and that a permit will be issued upon the applicant's satisfaction of the performance guarantee requirements of § 289-7 of this article.
B.
Upon receipt from the Township Engineer or Director of Public Works
of an application and plans marked "denied," the Township Clerk shall
issue a notice of denial to the applicant, which notice shall include
the reason(s) for the denial.
A.
No applicant or contractor shall commence any work governed by this article until the applicant has received a permit pursuant to § 289-5 and has provided evidence satisfactory to the Township Engineer and/or Township Solicitor of the applicant's satisfaction of the insurance requirements of § 289-8.
B.
All work performed under a permit issued in accordance with this
article shall comply with the construction procedures and requirements
established by the Township Engineer, as same may be amended from
time to time. A copy of said construction procedures shall be maintained
on file with the Township Engineer and Director of Public Works and
shall be available for inspection and copying upon delivery of a written
request for same.
C.
In the event the applicant shall fail to complete the permitted work or to correct defective conditions within 10 days of receipt of notice issued by the Township Engineer or Director of Public Works, which notice shall be sent via certified mail, return receipt requested, and via electronic mail where the applicant has provided an e-mail address on the application, the Township may perform the work and/or necessary repairs. In the event of an emergency caused by incomplete work or defective work, the Township may perform any such work as is necessary to remedy the emergency without prior notice to the applicant. The Township shall provide the applicant written notice of said work within 24 hours of the commencement of same. Any costs incurred by the Township to rectify said emergency condition shall be reimbursed from any funds on deposit and/or from the performance guarantee or maintenance guarantee posted by the applicant pursuant to § 289-7, as the case may be.
D.
Any openings within any pavement in the Township five years or less
in age will require the respective utility company to:
[Added 3-13-2023 by Ord.
No. 2023-3]
E.
If the applicant intends to open the street, resulting in two or
more trench pavement restoration areas (existing and proposed) from
street openings within the half-width of the street (curbline or edge
of pavement to the physical center line of the street) or four or
more trench pavement restoration areas (existing and proposed) from
street openings within the full width of the street (existing and
proposed) of any sizes, with any 50-foot-long segment of the street,
the applicant must mill the pavement 1.5 inches thick and overlay
with surface course, from one foot before the beginning of the first
opening to one foot past the end of the last opening. If the openings,
within the half-width of the street, extend past the physical center
line of the street, the applicant will be required to extend the limits
of mill and overlay to one foot past the edge of any opening which
is farthest from the center line of the street, or to the opposite
curbline if the openings extend more than 25% into the other half-width
of the street. If the distance between the above-mentioned required
limits of mill and overlay areas are less than 200 feet apart, the
applicant will be required to mill and overlay the undisturbed pavement
area which is between the mill and overlay areas containing the openings.
The applicant will be required to mill and overlay the half-width
of a segment of the street, which contains a longitudinal street pavement
restoration area from street openings, of any width and longer than
20 feet, one foot before the beginning of the trench to one foot past
the end of the trench if the distance between any longitudinal opening
is within 200 feet of any other trench pavement restoration area from
the street openings. The overlay shall be consistent with the profile
and cross-slope of the adjacent portions of the existing street pavement,
resulting in a smooth and even rideable surface and no ponding within
the pavement overlay surface. Prior to constructing the surface course,
the applicant shall be responsible for the adjusting and arranging
of all facilities, such as manholes, inlets, utility boxes, etc.,
so that they will be consistent with the surface of the overlay pavement.
Tack coat shall be applied to the surface of the milled pavement,
immediately, before the construction of overlay pavement.
[Added 3-13-2023 by Ord.
No. 2023-3]
F.
Whenever any opening falls within the limits of a driveway apron
and/or the sidewalk behind the apron, the entire driveway apron and/or
sidewalk shall be replaced with concrete, conforming to the respective
Township standards, for the entire limits of the driveway apron and/or
sidewalk.
[Added 3-13-2023 by Ord.
No. 2023-3]
G.
Whenever an opening or multiple openings fall within more than one
section of sidewalk (a section typically being four feet long with
transverse joints at each end) along the frontage of a property or
separated by less than 50 feet on separate properties, the entire
sidewalk along the frontage of the property or properties shall be
replaced with concrete sidewalk, conforming to the respective Township
standards.
[Added 3-13-2023 by Ord.
No. 2023-3]
H.
Whenever openings fall within more than one section of concrete curb
(a section being joint to joint) within the frontage of a property
or separated by less than 100 feet on separate properties, the entire
curb along the frontage of the property or properties shall be replaced
with concrete curb, conforming to the respective Township standards.
[Added 3-13-2023 by Ord.
No. 2023-3]
A.
Prior to issuance of a permit, the applicant shall post or deposit with the Township a bond or other form of performance guarantee in a form approved by the Township Solicitor for the purpose of protecting the Township against loss in the event the applicant fails to complete the work or fails to make required repairs or restoration of damages. The performance guarantee required in this Subsection A shall remain in effect and shall not be released until the applicant has posted a maintenance guarantee as required by Subsection C below. The amount of the performance guarantee shall be calculated by the Township Engineer or Director of Public Works as follows:
(1)
Street pavement opening: $1,500 for 10 square feet of opening or
less, plus $10 per square foot for each square foot in excess of 10
square feet of opening;
(2)
Curb opening: $250 for 10 linear feet of opening or less, plus $25
per linear foot for each linear foot in excess of 10 linear feet of
opening;
(3)
Sidewalk opening: $250 for five square feet of opening or less, plus
$50 per square foot for each square foot in excess of five square
feet of opening; and
(4)
Driveway apron opening: $350 for first five square feet of opening
or less, plus $70 per square foot for each square foot in excess of
five square feet of opening.
B.
When an applicant applies for and/or maintains more than one permit
at a time, the applicant may post an annual blanket bond, in an amount
acceptable to the Township Engineer or Director of Public Works and
in a form acceptable to the Township Solicitor, to avoid the inconvenience
and expense of obtaining individual bonds for each permit.
C.
Upon completion of the permitted work, including all required restoration
work to the satisfaction of the Township Engineer or Director of Public
Works, the applicant shall be responsible for proper maintenance of
that portion of the street over which the permit has been issued,
including backfilling and pavement restoration to compensate for settlement.
The applicant shall post a maintenance bond or other form of maintenance
guarantee in a form approved by the Township Solicitor for the purpose
of protecting the Township against loss in the event the work performed
by the applicant is defective and/or fails, thereby requiring repair
work. The amount of the maintenance guarantee shall be calculated
by the Township Engineer or Director of Public Works at a rate equaling
15% of the actual and final cost of the work performed by the applicant.
All maintenance guarantees shall remain in effect for a period of
one year, commencing on the date of acceptance of the work by the
Township after the Township Engineer's and/or Director of Public Works'
final inspection and approval of the work performed by the applicant.
D.
Any utility under the jurisdiction of the Board of Public Utilities
may post with the Township a blanket corporate bond, in a form acceptable
to the Township Solicitor, in the amount of $25,000 in lieu of separate
performance guarantees for each required permit and in lieu of the
required maintenance bond for each such permit. The term of the maintenance
bond for such utilities shall be for a period of one year, commencing
on the date of acceptance of the work by the Township after the Township
Engineer's and/or Director of Public Works' final inspection and approval
of the work performed by such utility.
A.
The applicant shall purchase and maintain during the life of a permit
the following types of insurance policies to protect the Township
from claims for damages for personal injury, including accidental
death, and/or claims for property damage which may arise from work
performed under and in accordance with the permit, whether such operations
are conducted by the applicant, any subcontractor of the applicant
or anyone employed directly or indirectly by either of them.
B.
The types of policies and amounts of coverage afforded under such
insurance policies shall be as follows:
(1)
Commercial general liability insurance with limits of liability not
less than $1,000,000 per occurrence, $2,000,000 aggregate for personal
injury and $250,000 per occurrence, $500,000 aggregate for property
damage;
(2)
Automobile insurance, comprehensive and collision coverage, with
limits of liability not less than $250,000 per occurrence and $500,000
aggregate for personal injury and $500,000 for property damage;
(3)
Blanket catastrophe insurance with limits of liability not less than
$3,000,000; and
(4)
Workers' compensation insurance in the amounts required by law.
C.
In the event the applicant is unable to procure any one or more of
the required insurance policies in the minimum amounts set forth above,
the governing body may approve a reduction in the insurance requirements
so long as such reduction is recommended by the Township Engineer
and Township Solicitor. Any applicant who is an individual property
owner and who can demonstrate to the satisfaction of the Township
Engineer that he or she is personally performing the work contemplated
in this article in lieu of paying a contractor to complete the work,
may provide a certificate of insurance from their homeowner's insurance
carrier naming the Township as an additional insured.
A.
An applicant's receipt and acceptance of a permit hereunder constitutes
an agreement by the applicant, and the applicant shall so be bound
to hold the Township harmless from any and all claims of any nature
arising out of any work performed in accordance with said permit and/or
covered thereby. The Township's issuance of a permit hereunder shall
not be construed as a waiver of this indemnification requirement,
nor shall it constitute acceptance or assumption of liability in connection
with any work performed in connection with such permit.
B.
The Township shall provide the applicant notice of any claim or lawsuit
filed against the Township by reason of and/or alleging any negligence
or default of any nature by the applicant. Thereafter, any final judgment
against the Township or settlement reached by the Township shall be
conclusive upon the applicant and the applicant shall be liable for
payment of same as well as the Township's costs in connection with
such claim or lawsuit, including all legal costs and reasonable attorney's
fees incurred as a result of such claim or suit. The applicant shall
pay all such amounts required under this section within 30 days of
receipt of a demand for payment from the Township, which demand shall
include a detailed explanation of the charges to be paid.
Any person, partnership, firm, association or corporation violating
the provisions of this article shall, upon conviction, be punished
for such offense by a fine not to exceed $1,000 or by imprisonment
for a term not to exceed 90 days, or both.
