[Ord. #381, §§ 1, 2; Ord. #479, §§ 8-2.1, 8-2.2, 8-2.3, 8-2.4, 8-2.5, 8-2.6, 8-2.7, 8-2.8, 8-2.9, 8-2.10, 8-2.11, 8-2.12; Ord. #629, § 1; Ord. #924; Ord. #2053, § 1, 3-10-2009, amended]
[1]
Editor's Note: The power to regulate the excavation and construction of public streets is contained in N.J.S.A. 40:67-1. The incidental power to perform work where a responsible party has refused to do so and recover the cost thereof is contained in N.J.S.A. 40:67-9. Power to regulate soil removal is included within the general police power granted by N.J.S.A. 40:48-1.
As used in this section, the following terms shall have the meanings indicated:
ADA
Shall mean the Americans with Disabilities Act.
[Ord. #2457, 11-24-2020, added]
BERNARDS TOWNSHIP STANDARD DETAILS
Shall mean specifications and details for construction available from the Bernards Township Engineering Department.
CART WAY
Shall mean the paved area of the street, including curbing, drainage structures, utilities, etc.
DBH
Shall mean tree diameter at breast height.
ENGINEER
Shall mean the Township Engineer, or his representative.
MUTCD
Shall mean the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.
[Ord. #2457, 11-24-2020, amended]
NEW JERSEY DEPARTMENT OF TRANSPORTATION SPECIFICATIONS
Shall mean the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, and all amendments thereto available from the New Jersey Department of Transportation.
[Ord. #2457, 11-24-2020, amended]
NJDOT
Shall mean the New Jersey Department of Transportation.
OSHA
Shall mean all regulations from the Occupational Safety and Health Administration.
SIDEWALK
Shall mean concrete, bituminous, paver, or other materials that comprise the sidewalk located in the street, outside the cart way.
[Ord. #2457, 11-24-2020, amended]
STREET
Shall mean as defined by Section 18-1.
[Ord. #2457, 11-24-2020, amended]
STREET OPENING
Shall mean construction of any kind within the street or public right-of-way, including but not limited to cutting, trenching, excavating, and grading.
[Ord. #2457, 11-24-2020, added]
TOWNSHIP
Shall mean the Township of Bernards, Somerset County, New Jersey.
[Ord. #2457, 11-24-2020, amended]
[Ord. #2457, 11-24-2020, amended]
a. 
It is the intent of these provisions to guarantee the restoration of the paved and unpaved portion of the street after work has occurred within the street. All restoration work shall occur within 14 calendar days after substantial completion of the work, weather permitting.
b. 
Unless otherwise specified herein within, all work shall be performed in accordance with the latest edition of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction and the ADA.
c. 
Street openings shall not be permitted within any right-of-way or in any streets or sidewalks that have been constructed, reconstructed, or resurfaced within the previous five years.
d. 
It shall be the responsibility of the contractor to replace all broken or damaged pavement, curbing, drainage facilities, sidewalks, trees and shrubs, and disturbed unpaved areas that resulted from the contractor's action during construction, caused for any reason by the contractor, his agents, subcontractors and/or employees. The contractor should give special attention to vehicles of such weight that cause damage, especially to the pavement. Notwithstanding any other provision of this Section 18-3, if with prior approval from the Township Engineer or in the case of an emergency, the contractor disturbs any street or sidewalk which was constructed, reconstructed, or resurfaced within the five years preceding the disturbance, the Township Engineer may require the contractor to resurface and reconstruct up to the full width of the affected portion of the street or sidewalk, if in the Engineer's discretion such resurfacing or reconstruction is required in order to restore the street or sidewalk to a condition equivalent in function, durability, and smoothness of surface, to its condition immediately preceding the disturbance.
e. 
An engineering permit shall be obtained from the Township Engineer for excavation of any kind within the public right-of-way or Township easements on private property or for a connection to the Township storm sewer system. All information pertaining to written approvals shall be submitted to the Township Engineer with the permit application. No work shall commence until the contractor has received written notification of approval by the Township Engineer in the form of an approved engineering permit.
f. 
An engineering permit shall be obtained for the paving of any private street or parking lot.
g. 
It is the contractor's responsibility to carry on construction in a safe and efficient manner as required by various governmental agencies and to notify the Township Police, for work in a street, 48 hours prior to the start of construction. Similarly, the contractor shall notify the Township Engineer for all work in the street or an easement. For work in the street, the permit application shall be considered notice.
h. 
It shall be the contractor's responsibility to maintain a safe job site, in accordance with all MUTCD and OSHA requirements, and to protect vehicular, pedestrian and bicycle traffic. The contractor shall maintain and replace permanent and temporary signs required by MUTCD for construction zones.
i. 
The contractor shall provide the Township with a telephone number where the contractor can be reached 24 hours a day for the duration of the project.
j. 
Should, during the course of the project, the Township advise the contractor of failure to comply with the specifications and requirements, corrective action shall occur within 24 hours. Should corrective action not be undertaken by the contractor within the twenty-four-hour period, or if the same problem reoccurs, the Township Engineer may revoke the engineering permit and proceed to restore the street. The contractor shall be responsible for all restoration costs incurred by the Township including but not limited to labor, equipment, materials, hired contractors, and administrative costs of 15%. Contractors and subcontractors shall be hired for restoration work at the discretion of the Township Engineer. All contractors hired for restoration work shall be paid by the Township and the Township shall be reimbursed by the contractor or applicant listed on the permit.
Should the contractor or applicant fail to pay the cost of the work, all other permits associated in any way with the project shall be revoked and no other Township permits shall be issued until payment is received.
k. 
Utility companies, including those engaged in the installation of gas, water, electric, and telecommunications infrastructure, shall submit annually to the Township Engineer a list of proposed capital construction projects for the next three years to coordinate with Township paving projects. Except in the case of an emergency, the Township shall ultimately determine street openings’ schedules. Upon request, the Township Engineer may provide the utilities a prospective list of streets for Township reconstruction or resurfacing within the next year. The Township Engineer shall maintain a list of all streets improved within the previous five years subject to moratorium.
l. 
Damage to Township streets or infrastructure caused by any contractor shall be repaired to the satisfaction of the Township Engineer within 14 calendar days or the Township shall retain a contractor to complete the repairs at the expense of the contractor or utility company.
m. 
This section shall be enforced by the Engineering Services Department. The penalty for any violation of this section shall be as set forth in § 3-1.1.
Engineering permits shall be issued by the Township Engineer. Permits shall be valid for one calendar year from date of issue. All permits are subject to the following fees:
a. 
Application fee of $50.
b. 
Inspection fee of $75. For permit applications requiring a performance/maintenance surety greater than $5,000, the inspection fee shall be established by the Township Engineer.
c. 
Performance/maintenance surety of $100 per square yard of opening. Minimum surety shall be $500. Surety amounts may be increased at the discretion of the Township Engineer.
The contractor shall call the Engineering Department 48 hours in advance to schedule inspections. The contractor shall call the Engineering Department before the start of work to ascertain what inspections are required for the work.
[Ord. #2457, 11-24-2020, amended]
a. 
If work is required to be performed on an emergency basis, the Township Engineer may waive the requirement for written approval. However, the contractor shall perform all construction to the specifications and requirements set forth herein, and the contractor shall submit all required engineering permit paperwork as described within seven calendar days from the date of emergency street opening. The contractor shall comply with all items enumerated under Section 18-3.6, Written Approval.
b. 
An emergency shall be defined as an occurrence requiring the opening of a street, whereby any delay would result in a risk to the health, safety, or welfare of the public, such as a utility main break. False declarations of emergency shall be subject to a fine of not less than $1,000 per incident.
c. 
The contractor or utility company shall notify the Engineering Department via telephone or email within 24 hours of all emergencies.
Prior to the issuance of an engineering permit for work within the Township street, the following written approval is required:
a. 
Maintenance and Protection of Traffic.
1. 
The contractor shall furnish two copies of a detailed map showing the location of construction signage as set forth in the Manual on Uniform Traffic Control Devices to both the Township Engineer and the Township Police Department. The Township Police Department shall approve the map and the contractor shall adhere to the requirements set forth during construction.
[Ord. #2457, 11-24-2020, amended]
2. 
Should detour(s) be required during construction, the proposed detour(s) shall be indicated on the map, along with required signage.
[Ord. #2457, 11-24-2020, amended]
3. 
Should flagmen be required for the project, the number and time period(s) required shall be indicated on the map.
4. 
If the Chief of Police determines that the best interest of public safety requires the attendance of a police officer for the work at any time, the Chief shall schedule the officer and the permittee shall reimburse the Township for the reasonable costs thereof. A fee setting forth the reasonable costs shall be set by resolution of the Township Committee and may be periodically updated to reflect the current costs of providing the protective services.
[Ord. #2457, 11-24-2020, amended]
a. 
Within the Cart Way.
[Ord. #2457, 11-24-2020, amended]
1. 
Pavement. The contractor shall saw cut the pavement to be removed, and shall remove the pavement in a neat and workmanlike manner.
2. 
Curbing. The contractor shall saw cut and remove curbing in a neat and workmanlike manner. Concrete curb shall be removed to the nearest joint.
3. 
Drainage and Utilities. It shall be the contractor's responsibility to locate and protect all underground utilities and drainage structures. If necessary, the contractor shall excavate test pits to locate drainage and/or underground utilities. During the course of construction, it shall be the contractor's responsibility to protect all underground utilities and drainage structures. Should the contractor damage any underground utilities or drainage structures, they shall be replaced to the Township Engineer's or utility company's satisfaction at the contractor's expense before proceeding with construction.
b. 
Outside the Cart Way.
1. 
The contractor shall protect all trees, shrubs, etc.
2. 
Concrete Sidewalk. The contractor shall remove sidewalk required for construction at existing expansion joints. Should no expansion joint exist within a distance of 12 feet on either side of the construction area, the contractor will saw cut the existing sidewalk at the nearest tool joint and remove the existing sidewalk in a neat and workmanlike manner. It is the contractor's responsibility to protect all sidewalks not to be removed for the duration of the construction period.
[Ord. #2457, 11-24-2020, amended]
3. 
Bituminous Sidewalk. The contractor shall saw cut the existing sidewalk and remove the existing sidewalk within the construction area in a neat and workmanlike manner. It is the contractor's responsibility to protect all sidewalks not to be removed for the duration of the construction period.
[Ord. #2457, 11-24-2020, amended]
a. 
All trenching shall be done in a safe and efficient manner. OSHA regulations regarding open trenches shall be strictly observed.
1. 
All material removed from outside the cart way shall be stockpiled outside the cart way. The stockpiled materials shall not interfere with vehicular, bicycle or pedestrian traffic, shall not interfere with drainage, or shall not cause sight distance problems for vehicular, bicycle, or pedestrian traffic.
[Ord. #2457, 11-24-2020, amended]
b. 
All trenches shall be backfilled within 48 hours of opening of the trench.
1. 
Open trenches within the cart way shall be protected by traffic control devices as set forth in the Manual on Uniform Traffic Control Devices.
2. 
Open trenches outside the cart way shall be protected with temporary fencing.
[Ord. #2457, 11-24-2020, amended]
Trenches shall be backfilled in the following manner and with the materials set forth below.
a. 
Within the Cart Way.
1. 
The trench shall be free of water and all foreign material, including soil. The trench walls shall be well formed and free of loose material.
[Ord. #2457, 11-24-2020, amended]
2. 
The trench shall be backfilled with dense graded aggregate in six-inch lifts. After placing the six-inch lift, the material shall be compacted by mechanical methods to 95% standard proctor density.
3. 
The dense graded aggregate backfill shall be brought to an elevation seven inches below the finished pavement grade to leave proper depth for the pavement section as describe herein.
[Ord. #2457, 11-24-2020, amended]
4. 
The backfill material shall be carried to a point one foot outside the pavement or one foot past the back of curb if curb is to be placed.
b. 
Outside the Cart Way.
1. 
The trench shall be free of water and all foreign material, including soil. The trench walls shall be well formed and free of loose material.
2. 
The trench shall be backfilled using material acceptable to the Township Engineer in six-inch lifts and compacted by mechanical methods.
3. 
The backfill material shall be brought to an elevation of four inches below the finished grade to leave proper depth for the topsoil a described herein.
[Ord. #2457, 11-24-2020, amended]
If curbing was damaged or removed during the work, the contractor shall replace the curbing to the following specifications. The type of curbing shall be determined by the Township Engineer.
a. 
Preparation for Placement of Curb.
1. 
The existing curb shall be saw cut so that no broken concrete remains. Concrete curb shall be removed to the nearest expansion joint.
2. 
In the area where new curb is to be constructed, the existing pavement shall be saw cut and removed for the length of the new curb and the width of one foot from the curb and a new pavement section consisting of six inches of dense graded aggregate, five inches of Hot Mix Asphalt Base Course, Mix 19M64, Tack Coat, and two inches of Hot Mix Asphalt Surface Course, Mix 9.5M64, shall be constructed as set forth in the § 18-3.11 entitled "Surface Treatment."
[Ord. #2457, 11-24-2020, amended]
b. 
One of the following types of curbs shall be constructed.
1. 
Nine-inch by twenty-inch white concrete curb as per NJDOT Specifications.
[Ord. #2457, 11-24-2020, amended]
2. 
Six-inch by eighteen-inch concrete curb as per NJDOT Specifications.
[Ord. #2457, 11-24-2020, amended]
3. 
Six-inch vertical granite block curb as per Bernards Township Standard Details.
4. 
Six-inch sloping granite block curb as per Bernards Township Standard Details.
5. 
Eight-inch vertical granite block curb as per Bernards Township Standard Details.
c. 
Horizontal cutting of curbing to create a depressed or dropped curb is prohibited.
The trench shall be surfaced in the manner and with the materials set forth below.
a. 
Within the Cart Way.
1. 
The backfill material shall be properly graded and all foreign material removed. Saturated or unsuitable materials must be removed before grading with dense graded aggregate.
[Ord. #2457, 11-24-2020, amended]
2. 
The contractor shall remove all broken pavement from the limits of the trench and recut the existing pavement as required by the Engineer. In areas where pavement has been removed outside the limits of the trench, the contractor shall hand excavate all material to a depth of 13 inches below finished pavement grade and place six inches of dense graded aggregate compacted.
3. 
Five inches, compacted, of Hot Mix Asphalt Base Course, Mix 19M64, shall be placed.
[Ord. #2457, 11-24-2020, amended]
4. 
The contractor shall apply a tack coat to the stabilized base material and the pavement edges, then place two inches of compacted Hot Mix Asphalt Surface Course, Mix 9.5M64.
[Ord. #2457, 11-24-2020, amended]
5. 
For pavements overlaid or reconstructed within five years prior to the engineering permit application date, an infrared heater shall be utilized during the installation of the final asphalt surface course. The required maximum temperature that the pavement may be heated to and the total length of time of heating process shall comply with manufacturer requirements of the infrared heater. For pavements older than five years, an infrared heater may be required at the discretion of the Township Engineer.
[Ord. #2457, 11-24-2020, amended]
b. 
Outside the Cart Way.
1. 
The contractor shall place four inches of topsoil. The topsoil shall be to NJDOT specifications. The topsoil shall be graded and hand raked.
2. 
Lime, fertilizer, and grass seed shall be spread uniformly at rates in accordance with NJDOT specifications.
[Ord. #2457, 11-24-2020, amended]
3. 
It shall be the contractor's responsibility to water and maintain the area in a weed-free condition and guarantee the new seeded area for one full season (May through October). Should the seeded area prove unsatisfactory, the entire process shall be repeated.
[Ord. #2457, 11-24-2020, amended]
4. 
The contractor shall trim and paint all damaged trees and shrubs to the satisfaction of the Shade Tree Commission (or their representatives). Should the Shade Tree Commission determine that trees or shrubs have been damaged so that the aesthetic quality cannot be restored, the contractor shall replace the trees and/or shrubs in kind at the contractor’s expense. For trees greater than eight inches in diameter (DBH), the contractor or applicant shall be responsible for the value of the tree as established by a professional forester retained by the Township.
a. 
Replacement of sidewalks will either be bituminous or concrete and the replacement type shall be based on the type that was damaged or removed unless otherwise required by the Township Engineer. The replacement sidewalk shall be constructed to the following specifications:
[Ord. #2457, 11-24-2020, amended]
1. 
Concrete: as per the Bernards Township Standard Details and the ADA.
2. 
Bituminous: as per the Bernards Township Standard Details and the ADA.
b. 
The sidewalk subbase shall be graded and compacted to the Township Engineer's requirements. Should unsuitable material be encountered, it shall be removed and replaced with a four-inch-thick lift of compacted dense graded aggregate.
c. 
All form work shall be in a neat and workmanlike manner and shall be inspected and approved for line and grade by the Township Engineer prior to the placement of sidewalk.
[Ord. #2457, 11-24-2020, amended]
[Ord. #2457, 11-24-2020, amended]
a. 
Upon completion of all work, the contractor shall advise the Township Engineer and a final inspection shall be made. The performance/maintenance surety shall be held for one calendar year from the date of final approval. After one year from the date of final approval, the work shall be re-inspected and any corrective work shall be completed prior to the return of the surety.