[Adopted 5-3-2018 by Ord.
No. 02-18[1]]
[1]
Editor's Note: This ordinance also repealed former Article
III, Excavations, adopted 10-14-1947 by Ord. No. 160, amended in its
entirety 10-2-2003 by Ord. No. 713 (Ch. 48 of the 1973 Borough Code),
as amended.
The purpose of this article is to establish rules and regulations
governing excavations, construction and maintenance of Borough rights-of-way
and to provide a uniform standard of construction and construction
methods for individuals and utility companies seeking to utilize Borough
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.
The Borough of Mount Ephraim.
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.
The act of disturbing, cutting open, breaking into, tunneling
or boring under and/or otherwise excavating or opening any of the
streets located within the Borough.
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.
Four or more openings or excavations located on the same
side of the road within 500 feet from the first opening to the last
opening.
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.
As used in this article, the term "person" shall mean and
include all persons, partnerships, limited liability companies, corporations
or other businesses, associations and government entities and/or agencies,
and any and all persons who are employees, agents and/or authorized
representatives thereof.
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 Borough's requirements as to the method or manner of performing
the excavation and/or construction contemplated in this article, or
the quality and quantities of material to be utilized with respect
to same.
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.
One or more openings or excavations, not exceeding three,
all located on the same side of the road within 500 feet from the
first opening to the last opening.
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 or persons, firm, partnership,
association, or corporation to disturb, cut, break into, tunnel or
bore under, excavate or open any of the roads, streets, avenues, thoroughfares,
alleys, sidewalks or highways (hereinafter referred to as "street")
in the Borough of Mount Ephraim without first having obtained a permit
therefor from the Borough Clerk.
B.
No permits shall be granted on newly surfaced Borough streets, roads
or highways under the Borough's dominion and control for a period
of five years from the date the Borough Engineer certifies that the
resurfacing is complete, except in cases of emergency, to include
sudden and emergent breaks of any water, sewer, gas, oil or other
underground lines which endanger the life, health and safety of the
public or people of the Borough of Mount Ephraim or their property.
C.
Any person maintaining pipes, lines or other underground facilities
in or under the surface of any street may proceed with an opening
without a permit when emergency circumstances demand the work to be
done immediately, provided the permit could not reasonably and practically
have been obtained beforehand. The person shall thereafter apply for
a permit on the first regular business day of which the office of
the Borough Clerk is open for business, and the permit shall be retroactive
to the date when the work was begun.
D.
The acceptance of any permit under this article shall constitute
an agreement with the Borough of Mount Ephraim, providing that the
applicant agrees to save the Borough, its officers, employees and
agents harmless for any and all costs, damages and liabilities which
may accrue or be claimed to accrue by reason of any work performed
under the permit.
A.
Application required; types of applications.
(1)
Application required; time of application. All persons required to
obtain a permit under this article shall file with the Borough Clerk
one application (in duplicate) for each road opening in an envelope
marked "Application for Right-of-Way Permit," which form shall be
kept on file in the office of the Borough Clerk and shall be made
available upon request, together with an application fee and other
fees as set forth herein.
B.
General requirements for every application.
(1)
The name and address of the applicant.
(2)
The nature and purpose of the excavation.
(3)
Three complete copies of the plans and specifications showing the
work contemplated to be done, and indicating clearly the location
and section of street which the applicant desires to open and the
method of restoring the roadway, curb, sidewalk or other feature disturbed
by the roadway opening. This is to include the type of material and
all necessary dimensions for the restoration. Three complete as-built
plans shall be filed if any changes are made from the original plans.
(4)
The length, width and depth of the proposed opening and the type
of road surface to be opened.
(5)
The date of commencement and the date of completion of the proposed
work.
(6)
The name and address of the person, firm or corporation who is to
perform the work.
(7)
Details and/or plans demonstrating the proposed work and proposed
restoration of all disturbed areas.
C.
Additional application requirements for applications for more than three openings. For all applications for more than three openings, the applicant shall be required to submit and/or comply with all of the requirements set forth above in Subsection B above and also shall be required to participate in a mandatory pre-construction meeting with the Borough Engineer and such other Borough personnel as may be deemed appropriate. It is the express intent of the Borough that where three or more openings are proposed, no excavation or other work or construction shall occur, nor shall any permit issued pursuant to this article be deemed valid and enforceable, until the pre-construction meeting required by this subsection is held.
Before the issuance of any permit pursuant to this article,
the applicant shall deposit with the Borough Clerk the following:
A.
Application/permit fee: Application/permit fee as set forth in Chapter 165, § 18 of the Borough Code, representing the costs of processing an application and issuing a permit hereunder.
B.
Inspection escrow: Refundable escrow deposit fee for inspection and professional services as set forth in Chapter 165, § 18, which escrow deposit shall be submitted at the time the application is filed. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said escrow shall be subject to increase on demand of the Borough Engineer. The Borough shall pay from the inspection escrow deposit any costs incurred by its designated representatives or professional consultants for inspection or other engineering services or legal fees required in connection with the proposed opening or excavation, at the rate established.
C.
Bond requirements for all applications.
(1)
All applicants shall be required to provide a security deposit in
the form of an acceptable bond with good and sufficient surety approved
by the Borough Solicitor to guarantee faithful performance of the
work authorized by the permit granted pursuant to this article, which
bond shall continue for a period of one year after restoration of
the excavated site. The amount of the bond shall be equivalent to
120% of the estimated cost of the work to be done by the permittee,
which shall be calculated based upon the applicant's construction
estimate using Borough-approved construction costs; provided, however,
that in no event shall the security deposit required hereunder be
less than $1,500 bond. The bond amount shall be reviewed and approved
by the Borough Engineer prior to acceptance of same by the Borough.
(2)
In lieu of the foregoing, the applicant may submit a cash deposit
in lieu of the required surety bond and in the same amount calculated
pursuant to paragraph (1) above. Said cash deposit shall be accepted
conditioned upon the applicant's faithful performance of the
work authorized by the permit granted pursuant to this Article and
further conditioned upon the Borough's right to use any or all
of such deposit to defray the cost of any work the Borough performs
to restore and maintain the street as herein provided in the event
the permittee fails to perform such work.
(3)
All the deposits aforementioned shall be held by the Borough of Mount
Ephraim for one year as security for the performance of the work necessary
to restore the roadway, street, sidewalk or other area to the same
condition as it was prior to the excavation. The deposit, upon certification
by the Borough Engineer (or such other officer who shall be appointed
for that purpose) that the work has been properly performed, and that
the restoration of the excavation site has been maintained for one
year from the completion thereof and is in acceptable condition, shall
be returned to the applicant; provided, however, that if the applicant
fails to perform such work within one year from the date of the subject
excavation, the amount refunded shall be reduced by such amount as
the Borough shall be required to expend to perform or correct the
work. In addition thereto, the applicant shall remain liable to the
Borough for any expenditures that the Borough may be required to make
in excess of the cost of restoration and maintenance for one year
following the completion of the work as provided by this article.
Application for the return of the security deposit shall be made by
submission to the Mayor and Commissioners of a verified voucher setting
forth the amount to be returned together with a certification of the
Borough Engineer approving the release.
D.
Maintenance guaranty. Except as otherwise provided in § 369-17E, upon the completion of work performed pursuant to a permit issued under this article, the applicant shall post a maintenance guaranty in the form of a surety bond to remain effective for a period of one year from the date of acceptance of the work by the Borough upon final inspection and approval of same by the Borough Engineer. In lieu of posting a separate maintenance guarantee, the applicant may elect to allow the Township to hold the previously-posted performance bond, subject to the Borough Engineer's recommendation as to the sufficiency thereof and acceptance of same by the Borough.
E.
Public utility companies:
(1)
Any utility under the jurisdiction of the Board of Public Utilities may post with the Borough a blanket corporate bond, in a form acceptable to the Borough 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; provided, however, that in certain special circumstances on a case-by-case basis, including without limitation extensive utility infrastructure installation and/or replacement, additional bonding may be required in an amount to be determined in the discretion of the Borough Engineer, not to exceed the amount that otherwise would be required using the calculation set forth in Subsection D above.
(2)
The term of the maintenance bond for such public utility companies
shall be for a period of one year, commencing on the date of acceptance
of the work by the Borough after the Borough Engineer's and/or
Director of Public Works' final inspection and approval of the
work performed by such utility.
A.
Upon receipt from the Borough Engineer or Director of Public Works of an application and plans marked "approved" or "approved as noted," the Borough 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 § 369-15D of this article.
B.
Upon receipt from the Borough Engineer or Director of Public Works
of an application and plans marked "denied," the Borough Clerk shall
issue a notice of denial to the applicant, which notice shall include
the reason(s) for the denial.
C.
Any person aggrieved by any action of the Borough Engineer or any
other Borough official in the enforcement of any provisions of this
article shall have a right to appeal to the Borough Council. The appeal
shall be taken within 14 days after the action complained of has occurred.
Appeals shall be made in writing to the Borough Council, and shall
set forth reasons for the appeal. The Borough Council thereupon shall
set a date for a hearing to take place within 30 days after receipt
of the request for a hearing.
A.
The officer appointed by the Borough of Mount Ephraim for such purpose,
or the Borough Engineer, if no such officer shall be appointed, shall
inspect or cause to be inspected all openings, excavations, and tunnels
being made in or under any public street, alley, or other public place
in the Borough to see to the enforcement of the provisions of this
article. Notice shall be given to him/her at least 24 hours prior
to the commencement of any work.
B.
It shall be unlawful to make any such opening, excavation or tunnel
in any way contrary to or at variance with the terms of the application
or permit therefor, and proper bracing shall be maintained to prevent
the collapse of adjoining ground and no portion of any excavation
below the surface shall extend beyond the opening at the surface.
No damage shall be done to any pipes, cables, or conduits in the making
of such excavations or tunnels. Notice shall be given by the applicant
to the persons maintaining the pipes, cables or conduits in the vicinity
of the excavation or to the municipal department or officer charged
with the care thereof.
C.
The Borough Engineer or such officer as the municipality shall appoint
shall have full supervision over any opening to be made as provided
in this article or permit granted hereunder. During the excavation
or restoration, the applicant or contractor shall maintain safe crossings
along the line of the openings and keep the same properly guarded
by suitable barricades and warning signs during the day and by barricades
and lights at night. Provisions satisfactory to the Borough Engineer
shall be made for protection for pedestrians who are compelled to
walk in the street when sidewalks are completely blocked.
D.
If the excavation extends the full width of the road, only 1/2 of
the road shall be opened, and this is to be backfilled and restored
to the satisfaction of the Borough Engineer in accordance with the
standard specifications before the other 1/2 is opened, so as to permit
the free flow of traffic.
E.
Tunneling or mechanical methods of boring under the road for service
installations may be permitted only on written approval of the Borough
Engineer. Where any tunnel is constructed, upon completion of the
work, the tunnel shall be backfilled to the satisfaction of the Borough
Engineer. Notwithstanding anything else in this article to the contrary,
the bond or cash security deposit for tunneling shall not be released
for at least two years after the initial installation.
A.
All roadway restoration shall be in conformance to the Borough's
standard specifications.
B.
Backfilling must be done in accordance with the Borough's standard
specifications and any variation must be approved by the Borough Engineer.
All excess material shall be removed from the site and disposed of
and/or moved to a site meeting all local, state and federal requirements.
Landscaping necessary to completely restore the site shall be undertaken
and maintained for a period of one year from the date of the completed
restoration.
C.
Temporary restoration of pavement is to be made immediately after
the opening has been properly backfilled and compacted, and permanent
restoration of pavement shall be made not less than 45 days from the
date the temporary pavement was installed.
D.
Restoration for up to three openings shall include paving an area
a minimum of six feet wide from the center line to the curb at each
opening, or the area which includes the opening and at least one linear
foot on either side of the opening, whichever is greater.
E.
Restoration for more than three openings or one trench opening longer
than 500 linear feet shall be combined into a single roadway repair.
This single repair shall encompass all individual openings on the
same side of the street. This restoration shall be performed from
the curbline (or gutter line) to the centerline of the roadway for
the entire length of the opening plus one linear foot on either side
of the first and last opening, for the entire length of the repair
from end to end.
F.
All work shall be performed to the satisfaction of the Borough Engineer
in accordance with the Borough's standard specifications and
details.
A.
Notwithstanding anything else in this article to the contrary, whenever
the Borough undertakes any action to provide for the paving, repaving
or reconstruction of any street, the Borough Clerk or the Borough
Engineer shall mail a written notice thereof to each utility company
owning pipes, mains, conduits or other facilities in or under said
street or any real property, whether improved or unimproved, abutting
said street. Such notice shall notify the utility company that street
opening permits for openings, cuts or excavations and permits for
work to be done prior to such paving, repaving or reconstruction shall
be submitted promptly in order that the work covered by the street
opening permit may be completed not later than 45 days from the date
of such notice.
B.
In instances where a utility company is notified, as provided herein,
and elects not to repair, replace or upgrade its facilities within
the aforementioned 45 days and subsequently proceeds, during the moratorium
period, to do any work within such right-of-way which results in opening
of or disturbance to the street, then said utility company, at its
sole expense, shall be liable for, in addition to "in-kind" replacement
of the utility trench and the mill and overlay of the disturbed or
opened portion of the street from curb to curb pursuant to Borough
restoration specifications and details on file with the Borough Engineer,
as same may be amended from time to time.
C.
For purposes of this section, the word "moratorium period" refers
to the five years subsequent to the completion date of any paving,
repaving or reconstruction of a street.
D.
In the case of a contractor performing work for the Borough of Mount
Ephraim, the Borough may waive the requirements of this section.
A.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the applicant shall be unable to
commence or complete the work within the specified time, he/she shall,
prior to expiration of the permit, present in writing to the Borough
Clerk and Borough Engineer a request for a specified extension of
time, setting forth therein the reasons for the requested extension.
If such an extension is necessary and not contrary to the public interest,
the applicant may be granted additional time for the commencement
or completion of the work by the Mayor and Council after approval
of the Borough Engineer.
B.
Any permit may be revoked by the Borough Engineer after notice to
the applicant for:
(1)
Violation of any condition of the permit or of any provisions of
this article.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
A.
The provisions of this article shall not be applicable in those instances
where the highway is maintained by the State of New Jersey, or by
the County of Camden, except in such cases where the Borough may have
special arrangements with the state or county.
B.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any opening or excavating
by any agency of the Borough dealing with sewers, drains, or street
improvements or any municipally owned utility of the Borough.
Any person violating any provision of this article shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter 305, Penalties.
