[1974 Code § 78-1; Ord. No. 523; Ord. No. 34-81; Ord. No. 92-19; Ord. No.
2016-37-OAB § 1; Ord.
No. 2017-04-OAB § 1; amended 2-26-2018 by Ord. No. 18-09-OAB]
No person shall clear, disturb or open any dedicated right-of-way
without the expressed written consent or the Mayor or his designee
or approval of the Township Planning Board of a subdivision, nor shall
any person dig in or open, disturb or excavate the surface, soil or
material of any public street or public place in the Township without
the written consent of the Mayor or his designee. No permits shall
be granted hereunder until an applicant has complied with the provisions
of N.J.S.A. 2C:17-4 et seq. No application to open a Township-owned
bituminous concrete paved roadway shall be approved within five years
after paving or re-paving of said street. An exception to this restriction
may only be given by resolution of the Governing Body.
No application to open a Township-owned bituminous concrete paved
roadway shall be approved within five years after paving or re-paving
of said street. The five-year period is prospective from the date
of this subsection. Previously paved streets are subject to the preexisting
three-year moratorium. An exception to this restriction may only be
given by resolution of the governing body. The governing body will
consider granting exceptions upon recommendation from the Director
of Public Works and/or Township Engineer. Hardships, emergency repairs,
area of the proposed opening, and the degree of impact of the opening
to the neighbors and public are items to be considered for the granting
of exceptions, among others.
[1974 Code § 78-2; Ord. No. 92-19]
No person except the owner or developer of a tract of land who
or which shall have posted a performance bond, shall dig in or open,
disturb or excavate the surface, soil or material of any dedicated
street, road or highway on any filed map of property within the Township,
where such street, road or highway is not accepted by the Township,
without the written consent of the Mayor or his designee of Berkeley
Township. It is the intent of this section to require consent to excavate,
dig in or disturb any roadway or streets within the Township and to
require a deposit to ensure that the road, street or highway will
be placed back in the condition that it was in prior to such excavation,
digging or disturbance. This section is designed to protect the public
safety and welfare in the use of the streets or roadways under the
police power of the Township without constituting acceptance of the
streets or roadways by the Township.
[1974 Code § 78-3; Ord. No. 34-81; Ord. No. 92-19]
No person shall open, dig or excavate or direct or cause any
employee, agent or independent contractor to open, dig or excavate
any trench in any street of the Township until a written permit for
such opening or trench shall have been issued by the Township; provided,
however, that in the event of any emergency wherein a sewer, main,
conduit or utility in or under any street breaks, bursts or otherwise
is in such condition as to immediately endanger the property, life,
health or safety of any individual, the person owning or controlling
such sewer, main, conduit or utility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such facilities shall in
such an event apply for an excavation permit not later than the end
of the next succeeding day during which the Director of Public Works'
or Superintendent of Streets and Roads' office is open for business
and shall not proceed with permanent repairs without having first
obtained the necessary permit hereunder. In the event of such emergency
situation, the person owning or controlling such facility shall immediately
notify the Police Department of the existence, nature and location
of such emergency condition.
a.
Application Procedure.
1.
No written permit shall be issued until the person seeking such permit
shall have first done the following:
(a)
Made a written application therefor to the Township, on forms
to be provided by it, at the Department of Public Works.
(c)
Furnished to the Township a refundable cash fee in accordance with Subsection 17-1.7 to guarantee that the opening or trench made by the permittee will be properly closed and the street over the same shall be fully reconstructed and restored.
(d)
Delivered to the Township satisfactory proof of insurance in the minimum amount of $1,000,000 each person, $3,000,000 each occurrence, insuring the permittee and the Township against liability for injury or loss sustained by any person as a result of the acts of commission or omission of the permittee, its or his servants, agencies or employees. See Subsection 17-1.10 for public utility insurance requirements.
(e)
Received from the Township a written permit for the specific
opening or trench.
2.
A separate permit application shall be made for each street where
road openings are proposed.
[1974 Code § 78-4; Ord. No. 523; Ord. No. 34-81; Ord. No. 92-19]
The Director of Public Works or Superintendent of Street and
Roads is hereby designated as the person who represents the Governing
Body of this municipality in granting any such permit to disturb or
excavate in any public street or public place in the municipality
upon receipt of an application to do so, together with the cash deposit
hereinafter provided for. The officials shall not issue any permit
hereunder until the applicant has presented satisfactory proof in
the form of a written statement that he has complied with the requirements
of N.J.S.A. 2C:17-4 et seq., dealing with the proper notification
to any synthetic natural gas, liquefied natural gas, propane gas or
mixed or natural gas companies to determine whether or not its proposed
excavation is within 200 feet of any pipe distributing or transmitting
the same.
[1974 Code § 78-5; Ord. No. 34-81; Ord. No. 92-19]
a.
The maximum area to be covered by any one permit issued pursuant to this section is 100 square yards, except in the case of an applicant that has complied with the provisions of Subsection 17-1.10, in which case the maximum area to be covered by any one permit is 500 square yards.
b.
A permit may be endorsed by the Director of Public Works or Superintendent of Streets and Roads to permit the opening or excavation of a larger area than the maximum area herein specified when, in the opinion of such officer, public safety and welfare will not be jeopardized and the flow of traffic will not be unduly impeded. The appropriate fee as specified in Subsection 17-1.6 shall accompany the application when such endorsement is sought, as well as the deposit specified in Subsection 17-1.7.
[1974 Code § 78-6; Ord. No. 7-80; Ord. No. 34-81; Ord. No. 86-16; Ord. No.
86-37; Ord. No. 92-19; Ord. No. 92-27]
At the time the applicant files the written application with
either the Director of Public Works or Superintendent of Streets and
Roads for the disturbing or excavation of any public street or public
place, the applicant shall accompany his application with the appropriate
application fee, as hereinafter set forth, to defray the cost of the
administration of this section and the cost entailed in making the
necessary inspections:
a.
A nonrefundable minimum application fee in the amount of $100 shall
be submitted with each street opening permit application. This fee
shall cover each street opening up to and including 10 square yards
in area.
b.
For street openings that exceed 10 square yards in area, an additional
nonrefundable fee of $1.25 per square yard shall be paid by the permittee.
[1974 Code § 78-7; Ord. No. 7-80; Ord. No. 86-16; Ord. No. 92-19; Ord. No.
97-18]
a.
Refundable Cash Deposit.
1.
To ensure trench or excavation restoration, the following refundable
cash fees shall be deposited with the Township at the time the road
opening permit application is filed:
b.
This deposit is required in addition to the permit application fee as required by Subsection 17-1.6. This deposit shall be retained by the Township until the permittee has made replacement of the excavation and surface. If the excavation is properly filled in and resurfaced, the Township shall return the deposit after the maintenance period, as herein elsewhere provided, has passed. If the excavation or opening is not properly filled in or not properly resurfaced, the Township shall, after a ten-day' notice to the permittee, which notice may be served by ordinary mail, to fill in and resurface properly the excavation or opening and upon the failure of the permittee, for 15 days after the service of such notice, to fill in and resurface properly the excavation or opening, use as much of the deposit as is necessary for either or both of the purposes and refund the balance, if any, to the permittee. The requirement for this deposit shall not apply to those persons, firms, corporations or departments that have complied with the provisions of Subsection 17-1.10, except in those cases where the opening or excavation is to be of a larger area than 500 square yards, in which case this deposit shall be required for the number of square yards in excess of 500 square yards.
c.
As an alternative to the deposit required under Subsections a or b, the applicant may post a performance bond issued by an insurance company licensed to do business in the State of New Jersey or a Letter of Credit issued by an FDIC insured banking institution doing business in the State of New Jersey in the amount of $50,000. Either form of surety guarantee shall be subject to approval by the Township Attorney. In the event the Road Superintendent determines that such surety guarantee posted is insufficient to insure proper trench or excavation restoration in his discretion, the applicant will be notified immediately and will be required to post the deposits set forth in Subsection a above.
[1974 Code § 78-7; Ord. No. 34-81; Ord. No. 92-19]
a.
Prior to the commencement of any work, except in the case of emergency,
the job site shall be inspected by the Traffic Safety Officer of the
Police Department. The Officer shall have 48 hours within which to
make the inspection after the delivery of the completed application
to the Department of Public Works. In the circumstance where the Traffic
Safety Officer is unable to complete the inspection, the Director
of Public Works or Superintendent of Streets and Roads may issue a
permit subject to the inspection and conditions imposed by the Traffic
Safety Officer.
b.
The Traffic Safety Officer may require safety devices in addition to those provided for in Subsection 17-1.8. The scope and size of the opening and job shall determine whether the Traffic Safety Officer shall require such safety devices as flagmen, safety cones, barricades, flares, flashing lights, signing, flags or any other device deemed necessary.
c.
In the event that the requirements of the Police Department are not
adhered to, the Traffic Safety Officer or the Police Department may
cause notice to be given to the excavator or applicant to immediately
shut down and secure the area until the discrepancies are rectified.
[1974 Code § 78-8; Ord. No. 34-81; Ord. No. 92-19; Ord.
2016-37-OAB § 2; Ord. No. 2017-04-OAB § 2]
The permittee shall comply with the following general conditions
with regard to the opening or excavation and the backfilling and resurfacing
of any public street or public place:
a.
The permittee shall keep each opening properly guarded and at night
have lights placed thereat and, in doing the work, interfere as little
as possible with the travel along the road and open no greater part
of the road at any time than shall be allowed by the Director of Public
Works or Superintendent of Streets and Roads.
b.
The opening shall be backfilled immediately and the pavement shall
be restored within three weeks. Beyond this period, a time extension
must be obtained from the Director of Public Works or Superintendent
of Streets and Roads.
c.
The restoration of the opening shall be maintained for 60 days after
completion at the expense of the permittee, and any cash deposit,
as set forth hereafter, shall not be returned until at least 60 days
has passed from the time of repair and the road is in acceptable condition.
d.
The applicant shall give a twenty-four-hour notice to the Director
of Public Works or Superintendent of Streets and Roads or his duly
authorized assistant prior to making an opening.
e.
No opening shall be commenced on a Saturday, Sunday or holidays except
in a case of emergency.
f.
On a bituminous-surface-treated road, the edges of the opening shall
be cut straight through the bituminous surface before the trench is
excavated.
g.
The work shall be so conducted as not to interfere with the water
mains, gas lines, sewer lines or their connections with houses until
permission of the power authorities shall have been obtained. All
rock within five feet of a water main or other pipe which might be
damaged thereby shall be removed without blasting. No excavation which
will damage trees shall be made.
h.
The permittee agrees to completely backfill the excavation and to
replace as great a portion as possible of the material excavated,
compacting it by flushing, tamping in layers not exceeding 12 inches
thick or other similar means, subject to approval of the Director
of Public Works or Superintendent of Streets and Roads, and to supply
additional material when there is a deficiency.
i.
Upon completion of backfill and placing of road gravel course, the
gravel surface and sides of existing adjacent pavement shall be cleaned
of all loose aggregate and binder and given a prime coat of asphaltic
oil similar to MC-O or MC-1 at the rate of 0.2 gallon per square yard
minimum at least 12 hours prior to the placing of the bituminous concrete.
j.
The permittee shall maintain at the site of the opening or excavation
operation a sign at least three feet high and four feet long indicating
the name of the holder of the permit and his or her address and, if
some person other than the permittee is conducting the opening or
excavation operation, then the name and address of such other person
in addition to the name and address of the permittee. This sign shall
remain at the site of the opening or excavation until the opening
or excavation has been backfilled and resurfaced in accordance with
the provisions of this section.
k.
Infrared patching may be required at the sole discretion of the Director
of Public Works.
[Added 2-26-2018 by Ord. No. 18-09-OAB]
[Ord. No. 2016-37-OAB § 3; Ord. No. 2017-04-OAB § 3]
a.
Backfilling.
1.
The opening shall be backfilled immediately and the pavement shall
be permanently restored within three weeks thereafter. In the event
that the work has not been completed prior to the date of expiration
shown on the street opening permit and the permittee has not requested
any extension of time, the Director of Public Works or Superintendent
of Streets and Roads shall have the right, in his discretion, to take
the necessary steps to backfill the trench and to replace a permanent
pavement over the opening for which the permit has been issued. The
Director of Public Works or Superintendent of Streets and Roads may,
upon written request, extend the period of time for completion of
repairs where, in his sole discretion, good cause for such extension
shall exist and where during the winter months frozen soil conditions
exist which, in the opinion of the Director of Public Works or Superintendent
of Streets and Roads, make it impossible to complete permanent repairs.
The Director of Public Works or Superintendent of Streets and Roads
shall have the right, in his discretion, to permit the applicant to
make temporary repairs to the satisfaction of the Director of Public
Works or Superintendent of Streets and Roads, provided that permanent
restoration and repair shall be made as soon as the Director of Public
Works or Superintendent of Streets and Roads shall determine that
suitable weather conditions permit.
2.
All openings must be backfilled and compacted immediately, and the
trench shall have been restored to at least temporary pavement requirements
such that at no time shall the roadway pavement be opened and unpatched
for a length in excess of 50 feet or for a time in excess of 24 hours,
whichever is the more restrictive measure. Final paving shall be completed
with three weeks from the date of excavation.
b.
Any permittee, prior to opening any Township right-of-way within
500 feet of a signalized intersection, shall contact the Township
Construction Office and the required utility companies, in writing,
prior to initiating the opening to discuss the effect the opening
may have on operation of the traffic signal and to determine the location
of underground loops, detectors and conduits. No work may commence
before markout by the appropriate agencies. For all emergency openings
within 500 feet of a signalized intersection, the permittee shall
be responsible for the proper location of any conduit, overhead wiring
and loop or detectors of the traffic signal.
c.
General Standards.
1.
Methods of construction for excavation and backfill shall be in accordance
with Section 207 of the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, 1989, and such other
provisions as are included herein.
2.
No opening or excavation of a cross trench shall extend beyond the
center line of the road before being backfilled, compacted and the
surface of the roadway temporarily restored.
3.
All utility facilities shall be located sufficiently ahead of the
trench excavation work to avoid damage of those facilities and to
permit their revocation, if necessary. Storm drains, pipe culverts
or other facilities encountered shall be protected by the permittee.
If the work performed interferes with the established drainage system
of any street or road, provision shall be made by the permittee to
provide proper drainage during construction and restore the existing
system to the satisfaction of the Township.
4.
No dewatering equipment, wells, points or piping shall occupy the
traveled portion of roadways unless specifically approved and adequately
protected to the satisfaction of the Township Inspector.
5.
Effluent from dewatering systems shall be discharged in such a manner
that erodible soils are not adversely affected. All silt and sediments
being carried in the dewatering effluent must be intercepted prior
to effluent discharge into any drainage system through use of a sedimentation
basin designed to allow retention of discharge for sufficient time
to render such water free of suspended silt and sediments. The use
of screening devices in lieu of a sedimentation basin must receive
specific approval and be employed only for minor flows.
6.
Any gravel, earth or other excavated material which is caused to
roll, flow or wash upon any Township road shall be removed from the
roadway within 24 hours after deposit. In the event that the earth,
gravel or other excavated material so deposited is not removed, the
Township shall remove the material, and the cost incurred shall be
paid by the permittee or deducted from his deposit. The permittee
shall employ construction methods and means that will keep flying
dust to the minimum, to the satisfaction of the Director of Public
Works or Superintendent of Streets and Roads.
7.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Township deems necessary to secure the
traveled way for snow removal operations. At the first sign of precipitation,
all work on the shoulders and traveled way shall stop and shall be
cleared of all dirt, etc., and the area backfilled so as not to interfere
with Township snow operations until the weather permits resumption
of work.
8.
Right-of-way or property monuments and/or markers, traffic control
devices and other Township-maintained devices on the right-of-way
shall not be removed or disturbed unless permission to do so is first
obtained, in writing, from the Director of Public Works or Superintendent
of Streets and Roads. Permission shall be granted only upon the condition
that the permittee shall pay all expenses incident to the replacement
of such monument and/or devices.
d.
Subsequent to completion of the backfilling of the excavation as
hereinbefore provided, the pavement shall be restored in accordance
with the following requirements as a minimum. In the event that the
existing pavement exceeds the following minimum restoration requirements
in quantity or quality, the pavement shall be restored to the standards
of the existing surface.
1.
Within grassed areas:
(a)
All trench openings and damaged areas shall be backfilled for
the top four inches with topsoil as defined in Section 806 of the
New Jersey Department of Transportation Standard Specifications for
Road and Bridge Construction, 1989; and
(b)
Both the trench and the area disturbed by excavated material
and construction operations shall be seeded with Fertilizing and Seeding,
Type A, as specified in Section 909 of the same specifications.
2.
Within the limits of gravel roadways, driveways and parking areas,
all trench openings shall be backfilled and compacted as heretofore
noted. The top eight inches shall be backfilled with eight inches
of compacted Soil Aggregate Designation I-5 (formerly Type 2, Class
A or B Road Gravel) as defined in Section 901 of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
1989.
3.
Within the limits of bituminous concrete or bituminous-treated roadways,
all trench openings shall be backfilled and compacted as required
in Section 207 of the New Jersey Specifications listed above. The
upper 11 inches of the trench shall receive a temporary repair of
six inches of compacted Soil Aggregate Designation I-5 (formerly Type
2 Class A or Class B Road Gravel) as defined in Section 301 of the
above-listed specifications topped with five inches of bituminous
stabilized base course (Mix I-1), as defined in Section 304 of the
above-listed specifications.
(a)
Temporary pavement. The temporary pavement shall remain in place
until any residual settlement takes place, which time shall not exceed
four months. During this time, the permittee shall assure adequate
maintenance of the pavement surface level. Manholes shall have feathered
approaches not to exceed a 5% slope, where necessary, and pavement
lining shall be restored by the permittee for adequate traffic control.
(b)
Final pavement.
(1)
Where 25% or more of the existing pavement width has been destroyed
or disturbed, final paving shall consist of the following: Installation
of a 1 1/2 inch overlay of the entire width of the pavement surface
with bituminous concrete, FABC-1 (Mix I-5), as defined in Section
404 of the above-listed specifications.
(2)
Where less than 25% of the existing pavement width has been
destroyed or disturbed, final paving shall be as follows: The existing
pavement shall be saw-cut back to a straight clean line approximately
12 inches away from each side of the existing disturbed pavement,
and any material within 1 1/2 inches of the proposed surface
shall be milled and any depressions filled. One and one-half inches
of bituminous concrete, FABC-1 (Mix I-5), as above defined, shall
then be placed in the prepared area.
4.
Within the limits of Portland cement concrete roadways, all trench
openings shall be backfilled and compacted as previously required,
a satisfactory foundation prepared, the reinforcement restored and
the concrete pavement equal in thickness to that in place in the roadway
replaced with concrete as defined in Section 405 of the above-listed
specifications.
5.
Road openings or trenches involving unusual or special conditions,
including attachment to bridges, shall be restored in accordance with
and pursuant to the direction of the Director of Public Works or Superintendent
of Streets and Roads and other applicable agencies.
e.
In the event that temporary paving, patching, final paving or any
other aspect of the restoration process is not completed to the satisfaction
of the Director of Public Works or the Superintendent of Streets and
Roads, the Township shall complete the restoration, and the cost incurred
shall be paid by the permittee or deducted from his deposit.
f.
Any newly paved road will have a five-year opening
restriction from the date of acceptance or, upon approval by resolution
of the governing body, shall be overlaid along the entire length of
the opening for the full paved width of the roadway for longitudinal
trenches and up to 25 feet on either side of the opening (in addition
to the length of the opening) for the full paved width of the roadway
for perpendicular trenches or other openings. If the perpendicular
trench or opening is less than 1/2 the width of the roadway, then
no more than 1/2 of the roadway width will be paved. The Director
of Public Works or Township Engineer shall determine the necessary
width of the trenches, and the widths of the pavement, which will
depend on the roadway and project conditions.
[Amended 2-26-2018 by Ord. No. 18-09-OAB]
1.
The Township, or its representatives, shall cause notice to be given
to any property owner adjacent to the street or improvement to apprise
the property owners of the work to be performed. Notice to owners
of unimproved lots shall be at least 60 days prior to the paving.
2.
Property owners must advise the Director of Public Works, in writing,
of their intent to install improvements prior to the commencement
of the Township's paving or improvement project.
[1974 Code § 78-10; Ord. No. 34-81; Ord. No. 92-19; Ord. No. 08-27-OAB § 1]
Any corporation which is a public utility subject to the regulations of the Board of Public Utility Commissioners of the State of New Jersey or a municipal corporation or any department thereof or any person, firm or corporation operating any franchise granted by the Township which desires to obtain the written consent of the Governing Body under this section may, in lieu of the provisions hereof requiring deposits under Subsection 17-1.7, deposit in cash or its equivalent the sum of $5,000 with the Township Clerk. Such deposit will be to ensure compliance with the applicable provisions hereof in respect to each opening of a street or other public place which shall hereafter be made by such public utility, municipal corporation or department thereof or such other person operating under a franchise granted by the Township. Such deposit shall remain with the Township during such time as the person continues operations in the Township or until the requirement for such deposit ceases or is modified.
a.
In the event that the person making such deposit shall fail to restore
any opening made pursuant hereto or attempt to make such restoration
in such a manner that the work cannot be approved by the proper municipal
officer as herein elsewhere provided and the Township deems it necessary
to effect such restoration, the cost of such work and materials to
the Township shall be deducted from the cash deposit. Thereafter,
the party making the deposit shall not be permitted to make any openings
in any street or public place in the Township until such party deposits
a sum of cash or its equivalent equal to the amount deducted from
the original deposit to reimburse the Township for its cost in effecting
restoration.
b.
All deposits made pursuant to this section shall be transmitted to
the Township Treasurer by the Township Clerk, as required by law,
and upon receipt of such deposit the Township Treasurer shall deposit
such funds in a separate, identifiable account. The Township Treasurer
is hereby authorized to open and maintain such account or accounts
for the deposit of such funds and designate such account or accounts
as being in the name of the Township on deposit for the party making
the deposit. Such account or accounts shall be maintained with the
depository designated for deposit of general funds of the Township.
c.
In case of emergency street openings, any such public utility may make such emergency street opening without first obtaining the written consent of the Mayor or his designee required in Subsection 17-1.1 and without first making the written application for such consent required by Subsection 17-1.3, provided that such person owning or controlling such facilities shall in such an event apply for an excavation permit not later than the end of the next succeeding day during which the Director of Public Works or Superintendent of Streets and Roads office is open for business after any such emergency street opening is made, and any such public utility shall make the written application required by Subsection 17-1.3 and obtain the written consent of the Mayor or his designee required by Subsection 17-1.1.
d.
In the case of all emergency street openings as defined herein, any approved public utility shall not be required to give the notice required by Subsection 17-1.5, provided that notification is given to the Police Department prior to the opening and that within 24 hours after making such emergency street opening, any such public utility gives notice to the Department of Public Works of such emergency street opening.
e.
Notwithstanding any other provision hereof, no person who has made a deposit as provided for in this section shall open any street or public place where the horizontal area of such opening will exceed 500 square yards. Where it is contemplated that such horizontal area of an opening will exceed 500 square yards, the fees provided for in Subsection 17-1.6 shall be paid and a written consent obtained prior to making such opening.
f.
The term "emergency street opening," as used in this section, shall
include those openings which must of necessity by made after office
hours of the appropriate municipal officials who issue street opening
permits, including weekends, and which are necessary to repair broken
or damaged lines, pipes, mains or conduits which, if not repaired,
would constitute a direct threat to the health, safety and welfare
of residents of the community or which would constitute further harm
or damage to a person or property. The foregoing specifically excludes
street openings for original installation or hookup to any structure,
be it residential, commercial or industrial.
g.
In the case of a public utility operating under a franchise granted by the Township, when such public utility operates in other municipalities than the Township under franchises granted by such other municipalities and when such public utility has total assets worth not less than $100,000,000 as appears by its most recent financial statement, which financial statement shall be for a period ending not more than 18 months prior to the date of application, and giving a bond pursuant to the provisions of this subsection, the requirement of a deposit or deposits pursuant to Subsection 17-1.7 and elsewhere provided in this section, such public utility may meet the requirements for performance deposits by delivering to the Township Clerk its own bond in the sum of $50,000, with or without surety.
h.
Any municipal utility authority of the Township or a utility department of another municipality which furnishes its services to inhabitants of the Township shall be required to give a bond or make the deposit required by Subsection 17-1.7 entitled "Deposit to Ensure Restoration." However, such utility shall be relieved from paying the application fee required by Subsection 17-1.6.
[1974 Code § 78-11]
No person who opens or excavates any public street or public
place under authority of a permit issued pursuant to this section
shall permit the opening or excavation operation to be conducted by
any person other than the permittee or his immediate employees, except
in those cases where it is contemplated that the permittee will engage
the service of some other person to conduct the opening or excavation
operation, in which case the application for the permit shall designate
the name of the person other than the permittee who or which will
actually be conducting the opening or excavation operation.
[1974 Code § 78-11.1; Ord. No.
523]
Whenever any requirements of this section are less than the
requirements of State Statute, the State Statute shall control. It
is the intention of this section to supplement any State Statute and
not to conflict with the same.
[1974 Code § 78-11; Ord. No. 34-81]
In all circumstances where any corporation, person or entity
is working on any streets in the Township, including but not limited
to such activities as engineering, surveying or other such activities,
the Township Police Department is hereby authorized and directed to
review such activities to ensure that such activities do not endanger
the vehicles or pedestrians using such roadways and conducting such
activities. In the event that the Police Department finds such activity
to constitute a potential safety hazard to the public, the Police
Department shall have the authority to require certain safety measures
or devices to be used or taken in order to protect the public. The
Police Department shall have the authority to require that the activity
cease and desist until these measures or devices are in place. In
the event that there is noncompliance with this section, the Police
Department shall have the authority to cite such person, corporation
or entity under the violation provisions of this section.
[1974 Code § 78-12; Ord. No. 88-43; New]
[1974 Code § 40-1; Ord. No. 84-25; Ord. No. 85-9; Ord. No. 14-07-OA § 1]
Any person who is desirous of applying to the Township for the
vacation of any street, highway, right-of-way or other public place,
heretofore dedicated to the Township, shall be required to complete
a street vacation application, on a form to be promulgated by the
Township Clerk, and shall file same with the Township Clerk, together
with a fee in the amount of $500 which shall be payable to the Township.
The street vacation application shall call for the following information:
a.
The name, address and telephone number of the person applying for
such vacation.
b.
If such person is represented by an attorney, the name, address and
telephone number of such attorney or the name, address and telephone
number of any other person to be contacted on behalf of the applicant.
c.
The name and a general description of the street, highway, right-of-way
or other public place to be vacated.
d.
If the applicant is a corporation, partnership or other entity, the
name and address of each person holding an interest of 10% or more
of the ownership of such corporation, partnership or other entity.
e.
A list of the lot and block numbers of all properties adjoining and
within 200 feet of the area to be vacated, together with a list of
the names and addresses of the assessed owners of the properties.
f.
A description of the current use of the area to be vacated.
g.
A description of the applicant's intended use of the area to
be vacated.
h.
A description of any improvement on the area to be vacated, including
but not limited to paving, gravel, utilities or structures.
i.
The applicant shall furnish with the application a reproduction of
the Tax Map, showing the area surrounding the area to be vacated,
as well as all intersecting roads and adjoining parcels.
j.
The applicant shall furnish with the application executed forms to
be furnished by the Township Clerk, which shall indicate the consent
of the owners of each property adjoining the area to be vacated to
the proposed vacation.
k.
The application shall be executed by the applicant or the applicant's
representative, indicating that the information set forth or attached
to the application are true and accurate.
l.
Proof of publication in the legal advertisement section of a daily
newspaper with local circulation advising of the request for a vacation,
the purpose of the vacation and referral to either the Township Clerk's
office or the office of the Township Engineer for submission of comments.
m.
Proof of notification, via certified mail, to all property owners
within 200 feet of the area to be vacated advising each owner of the
vacation request, the purpose of the vacation and referral to the
Township Clerk's office or the office of the Township Engineer
for submission of comments with respect to the vacation request.
[1974 Code § 40-2; Ord. No. 84-25; Ord. No. 85-9]
a.
Upon receipt of the completed application, all attachments and the
required fee, the Township Clerk shall forward a copy of the same
to the Township Engineer.
b.
Each application shall be held for a period of at least 10 days from
the date of submission to allow sufficient time for receipt of public
response.
c.
Following the public response period, the Township Engineer shall
review the application, consider public comments and submit a written
recommendation, together with a copy of the application and any written
public comments to the Township Council.
[1974 Code § 40-3; Ord. No. 84-25]
Upon receipt of the Township Engineer's recommendation
and report, the Township Council shall notify the applicant, in writing,
of its determination as to action on the application.
[1974 Code § 40-4; Ord. No. 84-25; Ord. No. 14-07-OA § 2]
Where the applicant has been notified that the Township Council
has determined to act favorably on the application, the applicant
shall forthwith provide the Township Clerk with a metes and bounds
description of the area to be vacated, prepared and sealed by a surveyor,
together with such other information as may be requested by the Township
Council in its notification to the applicant. In addition, the applicant
shall forward the following additional fees to the Township Clerk,
which shall be payable to the Township of Berkeley:
a.
The sum of $350 toward the preparation of the ordinance to be enacted
by the Township Council in connection with the proposed vacation.
b.
A sum equal to the costs of advertising such ordinance, which such
estimate shall be prepared by the Township Clerk and be made available
to the applicant.
c.
A sum equal to the estimated recording costs of the ordinance to
be enacted by the Township Council. The Township Clerk shall prepare
such estimate and make the same available to the applicant.
[Ord. No. 04-35-OAB § 1; Ord. No. 14-07-OA § 3]
Any application for the vacation of any dedicated street, right-of-way
or other public place bordering any waterway within the Township shall
be handled on a case-by-case basis, in consultation with the Township
Engineer. In certain instances, the Township will find that it is
in its best interests to have these areas remain dedicated to the
public for the purposes of public health, safety, and welfare of all
of the residents of Township of Berkeley.
[1974 Code § 117-1; Ord. No. 515; Ord. No. 96-25]
The owner of any premises in the Township abutting a sidewalk or curb shall, at his own cost and expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his own cost and expense, shall with all expeditious speed, reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair. This section shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where the responsibilities for construction and maintenance are covered by the posting of a performance or maintenance guarantee pursuant to Chapter 35, Land Development, of the Township of Berkeley.
[1974 Code § 117-2; Ord. No. 515; Ord. No. 96-25 § 2]
Where, in the opinion of the Berkeley Township Engineer or the
Director of the Department of Public Works or Road Superintendent,
a sidewalk or curb is in unsafe or hazardous condition, either shall
inform the Township Council which shall by resolution authorize a
notice in writing to be served upon the owners or occupant of the
lands, requiring the necessary specified work to the curb or sidewalk
to be done by the owner or occupant within the period not less than
30 days from the date of service of the notice. Whenever any lands
are unoccupied and the owner cannot be found within the Township,
the notice may be mailed, postage prepaid, to his or her post office
address as it is ascertained from the latest tax rolls of the Township.
In a case where an owner is a nonresident of the municipality or his
or her post office address cannot be ascertained, then a notice may
be inserted for four weeks, once a week in the official newspaper
of the Township.
[1974 Code § 117-3; Ord. No. 515; Ord. No. 96-25 § 3]
In the case where the owner or occupant of such lands shall
not comply with the requirements of such notice, it shall be lawful
for the Director of the Department of Public Works or Road Superintendent,
upon filing due proof of service or publication of the aforesaid notice,
to cause the required work to be done and paid for out of the Township
funds available for that purpose. The cost of such work shall be certified
by the Public Works Superintendent to the Township Engineer who shall
verify the same and turn it over to the Tax Assessor. Upon filing
these certificates, the amount of the cost of such work shall be and
become a lien upon the abutting lands in front of which such work
was done.
[1974 Code § 117-4; Ord. No. 515]
All new sidewalks and curbs constructed by an abutting owner
shall be constructed in accordance with the line and grade established
by the Township Engineer. All old and existing sidewalks reconstructed
or repaired by an abutting owner shall be reconstructed or repaired
in accordance with the existing line and grade unless such line or
grade is changed by the Township Engineer. It shall be the duty of
the abutting owner in all instances to make inquiry of the Township
Engineer respecting such line and grade.
[1974 Code § 117-5; Ord. No. 515]
All sidewalks and curbs constructed, reconstructed or repaired shall be in accordance with specifications in Chapter 35, Land Development of the Township.
[1974 Code § 117-6; Ord. No. 515; Ord. No. 96-25 § 4]
The Township Council may each year include in its annual budget
or Tax Ordinance an appropriation for curb and/or sidewalk repairs
in addition to any existing maintenance fund, out of which appropriation
all cost of construction and/or repair of curbs or sidewalks during
the year may be charged when it becomes necessary for the Public Works
Department to make such repairs and/or construction pursuant hereto.
All moneys recovered or paid to the Township under the provisions
of this section, other than penalties as hereinafter set forth, shall
be credited to the account out of which such work was paid.
[1974 Code § 117-7; Ord. No. 515]
Whenever any curb or sidewalk is required to be repaired, reset
or relaid in the Township, application for a permit shall be made
by the owner of the abutting lands or his contractor to the Director
of the Department of Public Works, specifying grade, dimensions, mixed
materials and method of construction or repair to be used. The Director
of the Department of Public Works shall examine the specifications
and upon approval of the Township Engineer, in compliance with all
the provisions of this section, shall grant a permit to the applicant.
Fees for the aforesaid permit shall be $1 per linear foot of sidewalk
and $1 per linear foot of curb being repaired.
[1974 Code § 117-7.1; Ord. No.
28-0-81]
It shall be unlawful for any person, corporation or entity to
throw, deposit, sweep or otherwise cause to be put onto the surface
of any street or avenue of the Township any leaves, grass sweepings,
litter, broken glass, metal, wood, dirt or any other refuse or debris.
[1974 Code § 117-7.2; Ord. No.
85-43]
The Township Engineer shall have the authority to assign numbers
for all lots, buildings and structures located, or to be located,
in the Township.
[1974 Code § 117-7.3; Ord. No.
85-43]
Except as otherwise provided in the Code of the Township, it
shall be the duty and responsibility of the owner and/or occupant
of every building and structure located or to be located in the Township
to place the designated street number of each building or structure
in a conspicuous place within 60 days from the date of the final adoption
of this section. The street number shall be of such size and color
designed so as to make the street number readily and distinctly discernible
from the street. The numbers may be block style, three to four inches
in height, with an overall width of 1 3/4 inches to 2 3/4
inches and a stroke width of 5/8 of an inch, and made of reflective
material.
[1974 Code § 117-7.4; Ord. No.
88-67]
a.
No person or other entity shall erect or maintain any encumbrance,
encroachment or projection of any kind in, over and upon any street,
right-of-way, sidewalk or crosswalk, unless permission therefor shall
have first been granted by the Administration and ratified by the
majority of the Council. No person or entity shall allow the same
to be maintained after the expiration of 20 days after notice in writing
to remove the same, which notice has been given by the Zoning Officer
of the Township, any Police Officer of the Township or any Code Enforcement
Official. The notice shall be delivered to the person erecting or
maintaining such encumbrances, encroachments or projections.
b.
If the owner or occupant of any premises who shall have erected or
maintained the aforesaid encumbrances, encroachments or projections
shall neglect or refuse to remove the same or any such part thereof
as it projects, encumbrances or encroaches in, over or upon any street,
highway or alley, or the sidewalks or crosswalks thereof, after 20
days of having been given notice, then the Township may remove the
same at the expense of such owner or occupant; such expense may be
certified by the Tax Collector who shall place the same upon the property
of the owner or occupant as a lien to be collected in the same manner
as real estate taxes, or the Township may, in its discretion, start
an appropriate action in the Municipal Court or other court of competent
jurisdiction.
[1974 Code § 117-8; Ord. No. 515; Ord. No. 88-43]
a.
The failure of any applicant or owner or his contractor, servant
or agent to construct or repair such curbs and/or sidewalks in accordance
with the specifications filed by him for the purpose of securing that
permit under the terms of this section shall be and constitute a violation
hereof.
b.
Any person, partnership, corporation or other entity who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. In the event that the Statutes of the State are amended to provide greater penalties, this section may be construed to authorize and permit the imposition of the maximum fine, imprisonment or community service. The purpose of this penalty clause is to provide the maximum penalty permitted by law.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
The following can encroach on public rights of way without obtaining
the aforementioned permission from the Administration and ratification
by the Council. Any resident, owner, occupant or their agent must
obtain a municipal permit from the Township Zoning Officer before
any such temporary, moveable item is placed in a right-of-way. Such
permit shall expire 90 days following placement of the item in the
right-of-way, and the item shall be removed prior to expiration of
the permit.
a.
Fixed, permanent public infrastructure, including, but not limited
to, utility poles, 5G associated devices, parking meters, park benches
and fire hydrants.
b.
Landscaping required pursuant to other sections of this code or pursuant
to an approved landscape plan as part of a land development application.
c.
Landscaping which does not impair or impede the use of the right-of-way
for its designated purpose, so long as the landscaping does not create
any encroachment on or obstruction of sight distance.
d.
Paving material pursuant to an approved right-of-way construction
permit under this chapter.
e.
Any item that is temporary in nature and moveable, lacking a foundation,
unattached to the ground or other surface, easily removable without
tools or equipment and does not exceed 250 cubic feet in size.
[Ord. No. 03-17-OAB § 1; Ord. No. 04-06-OAB § 2; Ord. No. 05-21-OAB; Ord.
No. 06-26-OAB § 2; Ord.
No. 06-40-OAB § 1]
a.
Except as otherwise provided in Subsection 17-5.2, every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township requirements for improved public streets or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter, unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
b.
Where a building lot has frontage on a street which the Master Plan
or the Official Map of the Township indicates is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed right-of-way line.
c.
Access to every lot shall conform to the standards of the State Highway
Access Management Code or any County or municipal access management
code adopted.
d.
When a property that is subject to a deed restriction pursuant to
the terms of a prior sale fronts on a paper street at its intersection
with an improved road (that is, there is no gap between the improved
street and the right-of-way of the paper street) the owner of such
property may apply to the Township Council for release of the deed
restriction, provided that:
[Ord. No. 03-17-OAB § 2; Ord. No. 04-06-OAB § 3; Ord. No. 06-26-OAB § 2; Ord. No. 06-40-OAB § 2]
a.
It is recognized that, in rare cases, exceptional and extraordinary conditions or the uniqueness of a particular lot may require the waiver of frontage upon a fully improved street. The Zoning Board of Adjustment may consider and for good cause shown may waive strict conformance with these requirements. Any applicant desiring such action shall present with his or her application a listing of the waivers desired, together with the reasons therefor. As a minimum a developer of a lot on a paper street must construct a semi-improved street as set forth in Subsection 17-5.6. A developer of a lot on a gravel street must either construct a semi-improved street or pay the fees required under Subsection 17-5.4b2 below. However, if the Board is satisfied that the applicant meets the requirements of N.J.S.A. 40:55D-36 because of circumstances other than lot location reflected on an ancient filed map, relief may be granted subject to reasonable terms and conditions. Further, such a variance should provide a better zoning alternative for development of a property than compliance with Subsection 17-5.1 above.
b.
This section shall apply only to construction of one single family
dwelling on one existing lot and to those circumstances where the
property in question is not subject to the provisions of the Land
Development Chapter. No approvals or relief shall be granted under
this section to an applicant who attempts, through subterfuge or other
means, to circumvent the provisions of the Land Development Chapter.
c.
A street constructed in accordance with the provisions of this section
shall not be considered to have been formally accepted by the Township
Council unless done so by resolution. The intent of this section is
to establish a standard for construction of a road or street accommodating
emergency and municipal vehicles where an approval has been granted
by the Board of Adjustment pursuant to N.J.S.A. 40:55D-36.
d.
The Board of Adjustment as provided for in the statute may modify the standard for just cause. Any subsequent applicant for a building permit along such street or road constructed by an applicant in accordance with the specifications in Subsection 17-5.6 shall also be required to obtain a variance from the Board of Adjustment in order to determine if any additional conditions and standards should be imposed upon the applicant, to determine whether the applicant is attempting to circumvent the provisions of Chapter 35, Land Development, to determine the present status and condition of the gravel street or roadway and determine whether the applicant should now construct the roadway to the specifications of Chapter 35, Land Development.
[Ord. No. 03-17-OAB § 3; Ord. No. 04-06-OAB § 4; Ord. No. 06-26-OAB § 4; Ord. No. 06-40-OAB § 4]
A single-family residential dwelling shall be permitted upon
a lot on a public street, which is semi-improved, if the following
terms and conditions are complied with:
a.
The Township Engineer shall determine that the right-of-way of such
street abutting such lot is of the width herein required and will
allow for the future installation of curbs. In certifying conformance
with the foregoing, the Township Engineer shall consider the potential
availability of a right-of-way for property owners directly opposite
from the lot in question and for the entire length of such semi-improved
street to allow for the future orderly development of the immediate
area and the street.
b.
The lot upon which a building is proposed shall have access along
a semi-improved street to the public street system of the Township.
A property owner may be required to improve an unimproved roadway
to the status of a semi-improved roadway in order to comply with this
requirement. The applicant shall submit an improvement plan and required
application fees for review and approval by the Zoning Board.
c.
SEMI-IMPROVED PUBLIC STREET
As used in this subsection, the following terms shall have the meanings
indicated:
Shall mean a street meeting all of the requirements of Subsection 17-5.6.
All definitions set forth in the Municipal Land Use Law, as
it may be amended from time to time, are specifically incorporated
by reference in this section.
[Ord. No. 03-17-OAB § 4; Ord. No. 04-06-OAB § 5; Ord. No. 06-26-OAB § 5; Ord. No. 06-40-OAB § 5; Ord. No. 07-27-OAB § 1]
a.
The applicant for a building permit on a semi-improved street must
receive from the Township Engineer a certification, in writing, that
said semi-improved street, as herein defined, provides access from
said lot to the presently existing public street system. Said certification
must be received prior to the issuance of a building permit and must
be secured at the sole expense of the applicant, which will include
all reasonable legal, engineering and inspection fees as shall be
necessary. An initial escrow fee of $500 shall be deposited with the
Township prior to any such inspection by the Township Engineer, which
initial deposit shall defray all or a part of the actual cost of such
inspections and estimates by the Township Engineer and the review
of the Township Attorney, as set forth herein.
b.
Before receiving a variance for construction of a single-family residential
dwelling on a street that is not fully improved to Township standards,
an applicant must comply with the following requirements:
1.
If the lot is on a paper street, the applicant shall improve that
portion of the street upon which the lot fronts to the status of a
semi-improved street including but not limited to bituminous concrete
surface, drainage and street lighting. Corner lots shall be improved
on the street that the proposed dwelling fronts upon.
2.
If the lot is on a gravel road, the applicant shall either comply with Subsection b1 above or deposit the fees set forth in this subsection. The applicant shall deposit with the Township a cash deposit or a performance guaranty with sufficient surety in favor of the Township in a form approved by the Township Attorney in the amount of the estimate prepared by the Township Engineer. This amount shall be the applicant's proportionate share of the cost of improving the street upon which the lot fronts contiguous with the site that is the subject of the Zoning Board application. Corner lots shall be calculated based on the cost of improving the street that the proposed dwelling fronts upon. The total cost of the proportionate share of the road improvement fee shall be based on a report and cost estimate prepared by the Township Engineer based on the best available information to him or her at the time of preparation. The deposit or guaranty shall be held by the Township until the improvement to the street is completed by the applicant or until the Township deems, in its discretion, that the semi-improved street shall be fully improved by the Township. The deposit or guaranty deposited with the Township, any additional sum shall also be the responsibility of the owner of said lot and may be collected by the Township by way of assessment or by other means available to the Township. If the improvements are not initiated within a period of 10 years from the date of payment or any other mutually agreeable period of time, all deposits shall be returned to the applicant with the accumulated interest.
3.
The Township is cognizant of the issue of cost allocation raised in a variety of New Jersey Supreme Court and Appellate Division cases. In the event a developer's compliance under Subsections b1 or 2 raises a question of cost allocation, the resolution of approval shall assess costs by either requesting the municipality to undertake the project as a local improvement and assess the cost against the owners of the properties benefited pursuant to the procedure outlined in N.J.S.A. 40:56-1 et seq. or to require that the work be done at the expense of the developer either with or without a formula for reimbursement from any other owners receiving a benefit. A formula shall be determined by the Board Engineer providing for partial or total reimbursement on a pro rata share according to the benefit accrued.
[1974 Code § 117A-4.1; Ord. No.
31-78; Ord. No. 27-79; Ord. No. 10-80]
a.
Prior to the issuance of a building permit, the applicant must receive a certification from the Township Engineer in accordance with Subsection 17-5.8 regarding the location and alignment of the proposed road in question, compliance with Subsection 17-5.7 regarding dedication of right-of-way and compliance with the information and material required by Subsection 11-1.5. After obtaining certification from the Township Engineer that same has been supplied and is in good order and that a variance has been obtained by the applicant, the applicant may obtain a building permit from the Construction Official of the Township.
b.
Options prior to granting of building permit.
[1974 Code § 117A-5; Ord. No. 560; Ord. No. 29-76A; Ord. No. 29-77; Ord. No.
31-78; Ord. No. 85-56; Ord. No. 86-47; Ord No. 02-49-OAB
§§ 1-4]
The Township Engineer, in reviewing the application, shall check
the proposed road profile and, as stated hereinbefore, may authorize
the construction of the aforesaid street or road by certification,
which certification shall be a condition precedent to the issuance
of a building permit. In no event shall the applicant be required
to provide less than the following minimum requirements:
a.
The width of the roadway must be at least 30 feet with a four inch
crown.
b.
All trees, stumps and other impediments shall be removed from the
roadway and transported to the Township landfill site.
c.
Excavation shall be completed to remove any uncompacted sand from
the roadway to provide a compact subbase. At this point, the applicant
shall make provision with the Township Engineer to make an examination
or inspection in order to determine whether the provisions of this
section have been complied with, and no work shall proceed until the
Engineer shall approve the subbase.
d.
Six inches of dense graded aggregate surface shall be applied and
rolled, in accordance with the approved profile.
e.
The thirty-foot wide cartway width shall be surfaced with a bituminous
concrete pavement constructed in two courses. The first or base course
shall be a bituminous stabilized base course having a minimum compacted
thickness of 1.5 inches. The second or finished course shall be bituminous
surface course FABC-1 having a minimum compacted thickness of one
inch.
f.
The newly paved street or road shall provide direct legal and physical
access to an approved, improved public street or a previously accepted
street to protect the health, safety and welfare of all future residents
and to ensure proper vehicular access by police, fire, first aid and
other emergency and essential services vehicles (e.g., refuse collection,
snow plowing, mail delivery vehicles, etc.). Street signs of a type
and design approved by the Township Engineer shall be installed at
all intersections between the subject premises and the nearest approved,
improved public street or previously accepted street to which applicant
provides legal and physical access under this subsection.
g.
The applicant shall be required to contribute moneys to the Township
for his or her proportionate share of the cost of installing drainage
improvements along the frontage of the subject premises. The proportionate
share shall include the cost of drainage and stormwater management
improvements. The total cost of the proportionate share of improvements
shall be based on a report and cost estimate prepared by the Township
Engineer based on the best information available to him or her at
the time of preparation. The applicant's contribution shall be
in the form of a cash deposit and shall be subject to increase or
decrease if and when a pending application for CAFRA approval for
an overall drainage plan for unimproved roadways in Berkeley Township
has been approved. If the improvements are not initiated within a
period of 10 years from the date of payment or any other mutually
agreeable period of time, all deposits shall be returned to the developer
with the accumulated interest.
h.
As an alternative to posting the drainage trust fund moneys referred to in Subsection g hereinabove, each applicant for an individual residential lot development shall install an adequate drainage system for the specific development. The on-site drainage system will consist of a catch basin located at the front portion of the property with underground perforated pipe with crushed stone extending the length necessary to store and infiltrate the increase in runoff from the 100-year twenty-four-hour storm event. The applicant must demonstrate to the satisfaction of the Township Engineer that the site specific drainage facility is adequate to dispose of stormwater runoff caused by the development and provide for sufficient infiltration of stormwater into the ground.
i.
Upon completion of all required improvements, the posting of moneys with the Township for planned drainage improvements as cited in Subsection g above and prior to the issuance of any certificates of occupancy, the applicant shall post a maintenance bond with the Township, which shall run for a period of one year, to guarantee the satisfactory upkeep of the previously completed improvements.
[1974 Code § 117A-6; Ord. No. 560]
The Township Engineer may require that the applicant, prior
to approval by the Township Engineer, dedicate such property to the
Township as will provide a fifty-foot right-of-way for the roadway
or other necessary or future improvements.
[1974 Code § 117A-7; Ord. No. 560]
Prior to the applicant commencing construction, it shall supply
the Township Engineer with certification from a licensed surveyor
or professional engineer that the location and alignment of the road,
as staked out, is in accordance with a filed map. The Township Engineer
shall be contacted by the applicant at least 48 hours prior to work
being commenced by the applicant.
[1974 Code § 117A-8; Ord. No. 560]
After completion of the road, the applicant shall furnish the
Township Engineer with an as-built profile of the road and request
a final inspection by the Township Engineer.
[1974 Code § 117A-9; Ord. No. 560; Ord. No. 29-76; Ord. No. 31-78]
The Township Engineer shall make the determination that the
road or street has been constructed by the applicant in compliance
with all the provisions of this section and any other applicable sections;
same upon written request of the applicant for final inspection. The
determination shall be certified in writing to the Township Subcode
Official and shall provide that a certificate of occupancy may be
issued to the applicant. He shall also notify the applicant and shall
provide in his certification that the construction of the road does
not constitute municipal acceptance of the street or obligate the
Township to maintain the street. In the event that the Township Engineer
shall determine that the street or road as constructed is not in compliance,
he shall so notify the applicant in writing and shall state his findings.
[1974 Code § 117A-10; Ord. No.
560; Ord. No. 31-78]
a.
No building permit shall be issued until such time as the applicant
has received approval from the Berkeley Township Board of Adjustment
and has received certification from the Township Engineer that the
plans, location and dedication of rights-of-way comply with the provisions
of this section.
b.
No certificate of occupancy shall be issued to an applicant until
the applicant has complied with all the particulars of this section.
[1974 Code § 117A-11; Ord. No.
560]
In all circumstances where additional inspections are necessitated
due to noncompliance by the applicant with provisions of this section,
the applicant shall be responsible for additional inspection fees
of at least $25 for each additional inspection required, which sum
shall be payable to the Township Engineer prior to his undertaking
such inspections.
[1974 Code § 117A-11.1; Ord. No.
29-77]
In addition to the material required in a certified location
survey, which must be submitted to the Zoning Officer pursuant to
the Land Development Regulations prior to the issuance of a certificate
of occupancy, the applicant shall also indicate in the location survey
the relative elevation between the finished floor and the center line
of the road at the highest point opposite a property line to demonstrate
that the final construction of the dwelling in question complies with
the requirements of the Township.
