[Adopted 9-21-1998 by Ord. No. 98-13]
As used in this article, the following terms
shall have the meaning indicated:
An urgent and immediate opening and repair operation required
to protect the health, safety and welfare of the general public from
immediate hazards posed by a broken or leaking main, an eroded and
undermined structure, damaged utilities or other similar instance
involving a sudden and unforeseen hazard on a public street.
A corporate bond, performance bond, certified check or other
similar security acceptable to the Borough Solicitor which is furnished
by the applicant as a guaranty of good faith to perform and complete
the work, as described on the application and permit forms, to full
compliance with the construction standards contained herein and to
assure that any subsequent necessary repairs are accomplished as directed
by the Borough Engineer.
A commercial enterprise with the utility services similar
in size and volume to those of an individual dwelling unit and which
has a limited number of employees and customers on the site.
Applies to an individual dwelling unit or small business
establishment installing, upgrading or replacing utility services
and not involving the extension of a main.
The provisions of this article shall apply to
all streets now or hereinafter dedicated for public use.
On or after the effective date of this article,
it shall be unlawful to excavate, open, repair or construct any portion
of a public street, except for emergency openings as herein defined,
without first filing a completed permit application form with the
Borough Clerk and obtaining a street opening permit therefor. Applications
and permits will be issued by the Borough Clerk.
[Amended 7-19-2004 by Ord. No. 2004-13]
Application for permission to make an excavation
in any street between the curblines or in any sidewalk area for replacement
or installation of utilities shall be made to the Borough Clerk. Said
application shall be signed by the owner of the premises or the owner
of the utility and shall specify the length and width of such excavation,
the purpose for which the excavation is to be made and the estimated
time required to complete the work and restore the surface. A fee
of $250 shall be paid to the Borough Clerk prior to the issuance of
the permit for all trenches less than 25 feet in length. The fee for
openings greater than 25 feet in length shall be $250, plus $0.50
per foot for each additional foot in excess of 25 feet. Said fee shall
be paid to the Borough Clerk either in cash or by certified check
drawn to the order of the Borough of Berlin.
[Amended 7-19-2004 by Ord. No. 2004-13; 11-2-2006 by Ord. No. 2006-21]
The utility shall give written notice to the
Borough Clerk of all streets and sidewalks which it desires to open.
The Borough Clerk shall issue a permit to open said street or sidewalk.
Said utility shall pay to the Borough Clerk, for the use of the Borough,
the amount of $250 for each opening and shall, in addition, pay the
sum of $0.50 per foot for each additional foot in excess of 25 feet.
The Borough may request that the applicant post a one-thousand-dollar
cash escrow.
No permit for any work covered by this article
shall be issued until the payment of the permit fees is received.
The Borough Clerk shall, upon receipt and examination
of the application and the deposit and fee referred to hereinabove,
issue a permit under his/her hand for the excavation. The Clerk shall
specify on the permit that such work shall be completed and the road
or sidewalk surface restored within 48 hours after work is commenced
or a duration of time which in the opinion of the Borough Engineer
is reasonable and fair.
The applicant to whom such permit is issued
shall, within the limit stated in such permit, replace the earth and
pavement in the excavation in such manner that the same shall be left
in as good condition as it was before the excavation was commenced.
By the acceptance of such permit, the applicant shall be deemed to
have agreed to comply with the terms hereof and, upon his failure
to do so, to pay on demand any cost or expense that the Borough may
incur by reason of any shrinkage or settlement in the excavated area
resulting from such excavation if such shrinkage or settlement shall
occur before the end of the maintenance surety.
Before any permit is issued for any work in
a public street, certain performance and maintenance sureties are
to be posted with the Borough Clerk.
A.
Performance surety.
(1)
The performance surety shall be in the form of either
a corporate guaranty bond or a surety or guaranty bond issued by a
company authorized to do business in the State of New Jersey, in a
form satisfactory to the Borough Solicitor and in the penal sum of
100% of the full amount of the total estimated construction costs.
A certified check drawn in favor of the Borough of Berlin for the
same amount (100% of the total estimated construction costs) may be
substituted for the performance surety. The estimated cost of the
proposed work shall be based upon current market values, and said
amount shall be prepared by the applicant and approved by the Borough
Engineer.
(2)
In lieu of the above-mentioned performance surety,
public utility companies or authorities may post an annual performance
surety for $10,000 or for an increased amount determined by the Borough
Engineer. The form of surety shall be approved by the Borough Solicitor.
B.
Maintenance surety.
(1)
In addition to the posting of a performance surety,
and as a condition to the release of same, the applicant shall also
post a maintenance surety in the form of either a surety or guaranty
bond issued by a company authorized to do business in the State of
New Jersey, in a form satisfactory to the Borough Solicitor and in
the penal sum of 15% of the performance surety. A certified check
drawn in favor of the Borough of Berlin for the same percentage (15%
of the performance surety) may be substituted for the maintenance
surety.
(2)
The applicant shall be responsible for all maintenance
and repairs required at the site for a period of one year following
completion of construction.
A.
All applicants and their agents and employees are
required to be covered by a policy or policies of liability insurance.
Said insurance shall provide coverage for public liability of at least
$100,000 per person per occurrence and $300,000 per occurrence and
bodily injury liability and at least $50,000 per occurrence for property
damage.
B.
A certificate of insurance that confirms the aforementioned
coverage shall be submitted to the Borough Clerk whenever a performance
surety is posted in accordance with this article.
Except as otherwise herein stated, all street
work performed shall be in accordance with the applicable provisions
of the New Jersey State Highway Department Standards Specifications
for Road and Bridge Construction, 1989, and as amended. Reference
to articles or sections hereinafter refer to said state highway specifications.
A.
Excavation.
(1)
Before removing the existing surface pavement, a straight
vertical cut (saw cut) shall be made to avoid disturbing the adjacent
surfaces.
(2)
The side of every excavation four feet or more in
depth shall be supported by substantially braced sheet pilings or
shoring as per the Borough building code.
(3)
The excavation shall not be below the bottom of the
sheeting. Any existing street construction (sidewalk, curbs, gutters
or street base) undermined during the construction work is to be removed
and replaced to a point one foot beyond the undermined area. Under
no circumstances shall the undermined area be backfilled without first
removing the undermined street construction.
B.
Temporary restoration.
[Amended 11-2-2006 by Ord. No. 2006-21]
(1)
Temporary restoration shall be considered any pavement
material to be placed in an opening prior to permanent restoration.
Temporary restoration shall be cold patch, asphalt or approved equal
a minimum of two inches thick. The applicant shall be solely responsible
for maintaining the opening on a continuous basis until the final
restoration is completed. Upon verbal or written notification by the
Borough, the applicant shall remedy any defects to the temporary paving
within 24 hours. Failure to comply with these regulations shall result
in a five-hundred-dollar daily fine.
(2)
Backfill material shall be clean sand or gravel and
shall not contain any foreign matter, such as broken concrete or asphalt.
All compaction shall be in accordance with the New Jersey Department
of Transportation (NJDOT) Standard Specifications for Bridge and Road
Construction, 1989, § 301.05, or newest version.
C.
Permanent restoration.
[Added 11-2-2006 by Ord. No. 2006-21[1]]
(1)
All openings shall be completed with six inches DGA,
four-inch FABC base course, Mix 1-2, and two-inch FABC surface course,
Mix 1-5.
(2)
Backfill material shall be clean sand or gravel and
shall not contain any foreign matter, such as broken concrete or asphalt.
(3)
Any emergency opening occurring in a street repaved
within the previous five calendar years shall be infrared sealed.
All other openings shall be tack sealed to the satisfaction of the
Borough Engineer.
(4)
No openings other than on an emergency basis shall
be permitted in roads paved within five years.
(5)
Multiple road openings occurring within 50 feet of
one another within a five-year period shall be restored as a single
opening. Pavement between the openings shall be milled or removed
and replaced from curbline to center line of the roadway. Openings
shall be sealed as indicated in § 297-33C(3).
(6)
All openings shall be inspected by the Borough. The
applicant shall notify the Borough Public Works Department a minimum
of 24 hours prior to final restoration to schedule the inspection.
Failure to schedule the final inspection will result in a five-hundred-dollar
fine and removal of all paving materials and reinstallation at the
applicant's cost. Upon acceptance of the restoration, the Borough
shall issue a dated acceptance letter to the applicant. The applicant
shall be responsible for all future restoration of the opening for
a period of five years from the date of the acceptance letter.
(7)
Final restoration shall occur 30 to 45 days from the
initial opening. Extensions of time are subject to the discretion
of the Borough and must be submitted in writing. Failure to complete
the restoration within the prescribed time period will result in the
forfeiture of the performance bond posted by the applicant.
[1]
Editor's Note: This ordinance also redesignated
former Subsection C as Subsection E.
D.
Emergency openings.
[Added 11-2-2006 by Ord. No. 2006-21]
(1)
Paperwork shall be filed for emergency openings within
15 calendar days of the date of the emergency. Failure to file within
the prescribed time shall result in a two-hundred-fifty-dollar fine.
(2)
The total extent and type of final street restoration
shall be approved by the Borough Engineer with a copy of the approved
permit on file in the Borough Engineer's office and the Borough Clerk's
office.
E.
Extent of restoration. The total extent of street
restoration shall comply with the diagram on file in the Borough Engineer's
and the Borough Clerk's offices.
A.
Restoration policy. The applicant is responsible for
restoring all disturbed portions of the street as herein stated. The
applicant is further responsible for the repair of any private property
damages as a result of construction within a public right-of-way or
easement.
B.
Scope of restoration.
(1)
Permanent and temporary restoration shall be required
and permitted if a street reconstruction plan and schedule has been
filed and approved by the Borough Engineer.
(2)
Base reconstruction. If a street base will be damaged
to an extent where its structural integrity has been impaired, the
Borough Engineer may require additional reconstruction of the base
course. Applications requiring additional base reconstruction may
include but are not limited to damage from reconstruction traffic,
undermining several parallel trenches or excessive laterals.
(3)
Street restoration width. The total width of street
surface restoration shall comply with the following schedule unless
otherwise directed by the Borough Engineer:
(a)
Full curb-to-curb restoration is required for
opening a street within five years after its reconstruction.
(b)
Whole lane or half-street restoration is required
for opening a street five years after its reconstruction.
(c)
Trench restoration is permitted for emergency
openings and isolated special street openings and, at the option of
the Borough Engineer, for openings having a minimum impact on the
longevity and serviceability of the street in question.
The applicant to whom a permit is granted shall
keep the excavation property guarded and shall place lighting, subject
to the approval of the Borough Engineer, at said location from sundown
to sunup. At all times each excavation shall be made so as to allow
the safe passage of pedestrians and vehicles in and along the public
way. The Borough shall not be responsible for any injury or damage
to persons or property resulting from the negligence of the applicant
or his/her servants, agents or employees in making, grading or filling
any excavation permitted under the terms of this article. The applicant
shall also save and hold harmless the Borough of Berlin against any
and all liability incurred by the Borough as a result of the negligence
of the applicant or its agents, servants or employees in making, grading
or filling in the excavation permitted under the terms of this article.
In the event of an emergency opening as defined
herein, the property owner or applicant shall have two business days
to apply of a permit in accordance with the regulations provided for
in this article.
