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:
ADDRESS OF APPLICANT
The mailing address of the individual, group, partnership
or corporation for whom the work under the permit is to be performed.
ADDRESS OF LOCATION OF PROPOSED WORK
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.
ALL SERVICE CONNECTIONS
Those pipes and conduits providing a utility service between
the property line and the utility main.
APPLICANT
The name of the individual, group, partnership or corporation
for whom the work under the permit is to be performed.
BACKFILL MATERIAL
All material used to bring the excavated area to subgrade
condition.
BOROUGH
The Borough of Mount Ephraim.
CABLE CONDUIT
Those facilities and conduits under the jurisdiction of any
licensed cable provider operating within the Township.
CARTWAY
The area which lies between the curblines, having a hard
surface and used for vehicular traffic.
CONSTRUCTION
The work required to be performed under the permit.
CONTRACTOR
The individual, group, partnership or corporation undertaking
to do the work requested on the permit.
CURB
That construction of concrete or bituminous concrete with
a vertical face which defines where the pavement and planting strip
meet.
DEPRESSED CURB
That portion of curb used for ingress and egress to the driveway
and handicap ramp.
DRIVEWAY
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.
DRIVEWAY APRON
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.
ELECTRICAL CONDUIT
Those facilities and conduits under the jurisdiction of any
electric services provider operating and/or providing electric within
and/or to the Township.
EMERGENCY
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.
EXCAVATION or OPENING
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.
HANDICAP RAMPS
Those areas so designated or required by law where the sidewalk
is ramped to meet a section of depressed curb or wheelchair traffic.
MAINTENANCE
Any work the Township requires to be performed prior to the
release of the maintenance guarantee.
MORE THAN THREE OPENINGS
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.
PAVEMENT
The type of material used for the construction of the cartway.
PERMIT
The document issued authorizing the required construction
to take place.
PERMIT TERM or TERM OF PERMIT
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.
PERSON
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.
PLANTING STRIP
That area between the property line and the curb or edge
of pavement.
RECONSTRUCTION
The removal and replacement of an existing structure, facility,
area or appurtenance as required under the permit.
REPAIR
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.
REPLACEMENT
The placing back of an existing structure, facility, area
or appurtenance in accordance with current Township specifications.
RIGHT-OF-WAY
That area which is dedicated to the right of the public.
SERVICE LATERALS
All utility connections between the right-of-way and the
main under the jurisdiction of the utility company, Township or private
ownership.
SEWERAGE AUTHORITY MAINS
Those pipes and appurtenances under the jurisdiction of the
Camden County Municipal Utilities Authority.
SIDEWALK
That area designated for pedestrian traffic having a hard
service.
STANDARD SPECIFICATIONS
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.
STORM DRAINS
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.
STREET
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.
TELEPHONE CONDUIT
Those facilities and conduits under the jurisdiction of any
telephone services provider operating within the Township, including
any local or long distance telecommunications carrier.
UP TO THREE OPENINGS
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.
WATER MAINS
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.
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.
Any person violating any provision of this article shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter
305, Penalties.