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ORDINANCE 2004-10 (3)ORDINANCE: 2004 -10 ORDINANCE AMENDING ORDINANCE 95 -36 ENTITLED "REVISED GENERAL ORDINANCES, TOWNSHIP OF CHERRY HILL" CHARTER XX "STREETS AND SIDEWALKS" SECTION 1: CHAPTER XX WHEREAS, the application fees for the Township's Road Opening Permits have not been increased for a period of 15 years; and WHEREAS, the Department of Engineering suggests an increase in the required fees to provide for adequate revenues to support the required Administrative and Inspection duties required for the processing of a Road Opening Permit; and WHEREAS, presently the permit is processed by multiple Municipal Departments; and WHEREAS, this revision to the Ordinance will allow the permits to be processed in their entirety within the Department of Engineering, providing for a simplified process for all applicants; and WHEREAS, .pursuant to State Statute, fees collected must be set by Ordinance. NOW, THEREFORE BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF CHERRY HILL, COUNTY OF CAMDEN, STATE OF NEW JERSEY THAT ORDINANCE 89 -69 ENTITLED "REVISED GENERAL ORDINANCES, TOWNSHIP OF CHERRY HILL" CHAPTER XX, BE AMENDED AS FOLLOWS: Section 1. STREETS AND SIDEWALKS 20 -1 EXCAVATIONS IN STREETS AND RIGHTS -OF WAY 20 -1.1.1 Permit Required It shall be unlawful for any person, partnership, association or corporation to cut, break into, excavate, grade, damage, or open any of the roads, streets, avenues, highways and rights -of -way of the Township, or easements granted thereto without first making written application to the Engineering Department stating the kind, character and purpose of the proposed work and such other information as may be required to fulfill the requirements of this section. 20 -1.1.2 Purpose of Street Opening Permits The Township rights -of -way may have been established and are maintained primarily for the purpose of movement of vehicles and pedestrians. It is also desirable to allow individuals and utility companies to utilize Township rights -of -way for purposes other than transportation. However, to prevent recurring dangerous and annoying interruptions to traffic and pedestrians and to avoid interference with road construction and to provide a uniform standard of construction and construction methods, it is necessary that strict control be maintained and standard procedures be followed for excavations, construction and maintenance of Township rights - of -way. (Ord. #89 -61, § II, 11- 27 -89) 20 -1.1.3 Definitions As used in this section: Address of applicant shall mean the mailing address of the individual, group, partnership or corporation for whom the work under the permit is to be performed. Address of location ofproposed work shall mean the street address, or block and lot number where street address is not available, of the location where the proposed construction is to take place. All service connections shall mean those pipes and conduits providing a utility service between the property line and the utility main. Applicant shall mean the name of the individual, group, partnership or corporation for whom the work under the permit is to be performed. Backfill material shall mean all material used to bring the excavated area to subgrade condition. Cable television shall mean those facilities under the jurisdiction of the duly franchised Cable TV Company only. Cartway shall mean that area which lies between the curb lines, has a hard surface and is used for vehicular traffic. Construction shall mean the work required to be performed under the permit. Contractor shall mean the individual, group, partnership or corporation undertaking to do the work requested on the permit. Curb shall mean that construction of concrete or bituminous concrete with a vertical face which defines where the pavement and planting strip meet. Depressed curb shall mean that portion of curb used for ingress and egress to the driveway. Driveway shall mean and includes that portion of a right -of -way which provides access to an off - street vehicular facility through a depression in the constructed curb; or, when there is no constructed curb, that area in front of such vehicular facility as is well defined or as is designated by authorized signs or markings. Driveway apron shall mean that area of the driveway between the sidewalk and the curb or curbline; or, where there is no sidewalk, that area between the property line and the curbline. Electrical conduit shall mean those facilities and conduits under the jurisdiction of the PSE &G Company. Emergency shall mean when the existing utility is leaking, broken, blocked or otherwise malfunctioning such that the health, safety and interest of the public is endangered and immediate action is required. Engineer shall mean the Township Engineer and his/her appointees, who represent the Township and will perform inspections on the construction to be accomplished under the permit. Excavated material shall mean all material removed or disturbed from its original location Gas mains and service laterals shall mean those pipes and appurtenances under the jurisdiction of the PSE &G Company or the South Jersey Gas Company. Handicapped ramps shall mean those areas so designated or required by law where the sidewalk is ramped to meet a section of depressed curb for wheelchair traffic. Maintenance shall mean any work the Township requires to be performed prior to the release of the maintenance guarantee. Notification to the Township of work to be performed shall mean where notification within forty -eight (48) hours is required for work performed of an emergency nature; in the event of a holiday or Saturday or Sunday, the notification shall be made the next regularly scheduled business day of the Township. Pavement shall mean the type of material used for the construction of the cartway. Permit shall mean the document issued authorizing the required construction to take place. Planting strip shall mean that area between the property line and the curb or edge of pavement. Planting strip inside shall mean that area between the sidewalk and the property line. Planting strip outside shall mean that area between the sidewalk and curb or edge of pavement. Reconstruction shall mean the removal and replacement of an existing structure, facility, area or appurtenance as required under the permit. Repair shall mean the restoring, patching as may be required of both a temporary and permanent nature for the conveyance and protection of the public and the structure, facility, area or appurtenance. Replacement shall mean the placing back of an existing structure, facility, area or appurtenance in accordance with current Township specifications. Right -of -Way shall mean that area which is dedicated to the right of the public. Sanitary sewer mains and service laterals shall mean those pipes and appurtenances under the jurisdiction of the Township. Service laterals shall mean all utility connections between the right -of -way and the main under the jurisdiction of the Utility Company, Township or private ownership. Sewerage Authority mains shall mean those pipes and appurtenances under the jurisdiction of the Camden County Municipal Utilities Authority. Sidewalk shall mean that area designated for pedestrian traffic having a hard surface. Standard specifications shall mean all written documents, plans, sketches made pertaining to the method or manner of performing the construction or quality and quantities of material to be utilized. Storm drains shall mean those pipes and appurtenances which carry storm water and/or ground water, including roof drains, underdrains, yard drains and sump pump discharge pipes within the right -of -way. Telephone conduit shall mean those facilities and conduits under the jurisdiction of the Verizon Telephone Company or any other local or long distance telecommunications carrier. Township shall mean the Township of Cherry Hill. Water mains shall mean those pipes, hydrants and appurtenances under the jurisdiction of the New Jersey Water Company and the Merchantville- Pennsauken Water Commission. Work of major scope shall mean all new construction and /or replacement or existing utility mains. (Ord. #89 -69, § III, 11- 27 -89) 20 -1.1.4 Requirements for Street Opening Permits a. When construction, reconstruction, replacement, repair, maintenance, servicing, or installation of sidewalks, driveway aprons, curbs, handicapped ramps, sanitary sewer mains and laterals, water mains, hydrants and service laterals, gas mains and service laterals, telephone conduits, electrical conduits, cable television conduits, sewage authority mains, all service connections, storm drain mains, inlets and basins and pavement extensions; the temporary storage of equipment or construction materials; and any other operations other than Township contracted projects which may cause abnormal wear to or deface or damage existing structures, pavement, curbs, sidewalks, or driveway aprons or Township shade trees within a Township right -of -way or Township owned facility or easement, a right -of -way approval is required. . b. An approval shall not be required for new or replacement poles, guys or overhead wires and cables. The utility company shall, however, be required to contact the Township Engineer either prior to the placement of a pole or guy, or in the case of an emergency, within forty -eight (48) hours of the placement, with the specific location of the required work to verify the location of all municipal utilities within the work area. The Cable TV company shall submit to the Township Engineer on a monthly basis a list of all drop connections (new or replacement) and all pedestal maintenance work by address. (Ord. #89 -69, § IV, 11- 27 -89) 20 -1.1.5 Application for Street Opening Approval a. An application for an approval must be filed with the Township before preliminary investigation will be made for an approval to be issued. Standard application forms for this approval may be secured from the Township Engineering Department's office. These application forms shall be completely filled in, signed and returned to the Township Engineering Department's office with a notation on the outside of the envelope, "Application for Street Opening Approval ". An explanation of the application sketches shall be made either in the space provided on the application form or a separate sheet in duplicate which the applicant shall attach to the application. The diagrams, plans or sketches shall show the location of the work to be done in relation to the property lines, intersections, curb or edge of pavement, including the depth of the excavation. b. The Township Engineering Department reserves the right to require more detailed diagrams, plans or sketches where the Department deems it would be in the best interest of the public. The detailed diagrams, plans or sketches may be required to show the location of the work in relation to the outstanding features of the right -of -way, such as: property lines, intersections, curb and edge of pavement lines, sidewalks, driveways, driveway aprons, trees, drainage structures and utility poles by number. C. The applicant shall be required to backfill and restore the pavement, curb, sidewalk and other disturbed areas caused as a result of the construction work of the applicant, in accordance with the detailed specifications of the Township. d. Once the permit has been issued and the applicant discovers that additional work or repairs not designated in the original application are necessary at the same location, the applicant shall notify the Engineering Department within forty -eight (48) hours and amend the original application on file in the Engineering Department's office within seven (7) calendar days of the work being performed. e. When it is determined work must be performed of an emergency nature, the Engineering Department must be notified within forty -eight (48) hours of the cause of the work and a permit must be obtained from the Department of Engineering within seven (7) calendar days of the work being performed. (Ord. #89 -69, § V, 11- 27 -89) 20 -1.6 Plans and Specifications All applications for right -of -way approvals must be accompanied by diagrams, plans or sketches. The Township Engineering Department reserves the right where applications are made for permits involving work of major scope to have a complete set of engineering plans drawn to a scale of not less than one (1 ") inch equals thirty (30') feet, and specifications submitted in duplicate along with the application. The application and plans in all instances will be forwarded to the Department of Engineering, who will either "approve" or "approve as noted" or "deny" the plans and specifications. The diagrams, plans, sketches or specifications shall be so detailed that the exact location of the various parts of the work, the risk or injury to right -of -way users and the probability of damage to any trees, highway structures and private property can be ascertained. Upon the approval by the Engineering Department of the application, diagrams, plans, sketches and specifications, the same will be so noted on the application and the permit can then be issued. 20 -1.7 Rejection of Application When it appears that the work called for in an application would cause substantial or needless damage to a right -of -way or create excessive disturbances to traffic or exceptionally dangerous conditions not commensurate with the benefits to the applicant, the request for such permits will be denied. The applicant will be informed about the rejection by letter, which will state the reason for the rejection. The Township Engineering Department may refuse to issue a permit when, in their opinion, work performed.under a permit theretofore issued to the applicant has not been properly executed or when the applicant has failed to reimburse the Township for recoverable charges billed under the terms and conditions of a previous permit that was issued in accordance with this section. 20 -1.8 Issuance of Permit a. A permit form must be signed by the Director of Engineering or his/her designee before it becomes valid. Such permits will be issued through the Department of Engineering office two (2) days after the application for permit has been received in good order and approved, unless the work is of a major scope, a response to the applicant shall be made within two (2) weeks of the application being filed with the Engineering Department. The permit shall be issued: 1. After completion of all aspects of the permit application, diagrams, plans, sketches and specifications have been reviewed and approved. 2. After payment of the permit fee(s) (administration and inspection). 3. After the posting with the Township of the appropriate performance and maintenance bond and /or escrow funds in the form and amounts approved by the Township to cover the cost of the temporary and permanent restoration as well as maintenance for a period of two (2) years. b. The permit shall be valid for a period of six (6) months from date of issue and may be extended for an additional six (6) month period upon written request to the Department of Engineering prior to the expiration of the original permit. C. For emergency work, a permit will be issued within two (2) days from the Department of Engineering's office when the Director of Engineering and/or his/her designees have been notified by the applicant [within twenty -four (24) hours of the cause for the emergency]. d. No permit shall be issued for a period of five (5) years where a pavement has been reconstructed or a period of three (3) years where a pavement has been resurfaced, unless there is a need shown as a result of an emergency or hardship. Where a hardship is demonstrated, the Township Council shall have the authority to authorize the granting of a permit by resolution. Said resolution shall be prepared by the Township-Clerk upon receipt of a letter from the applicant requesting relief or waiver of the conditions of this subsection. (Ord. #89 -69, § VIII, 11- 27 -89) 20 -1.9 Failure to Complete Work or Correct Defective Work In the event the applicant shall fail to complete or correct the conditions as required, after the Township Engineering Department has notified the applicant by mail addressed to the applicant, the Township may perform the work ten (10) days thereafter and all funds on deposit shall, without further notice, be credited in an account to be drawn on to defray the cost of work required to be performed by the Township. The cost to perform the work shall be reimbursed from the performance /maintenance bond company or deducted from the escrow. In the event of an emergency caused by incomplete work or defective work, any costs incurred by the Township to rectify the emergency condition shall be reimbursed from the performance /maintenance bond company or deducted form the escrow. 20 -1.10 Commencement of Work The applicant or contractor is forbidden to commence work until the items listed in subsection 20 -1.8, Issuance of Permit, have been compiled and the applicant has notified the Township Engineering Department's office at least forty -eight (48) hours in advance of the exact date and hour the proposed work is to commence. Utility companies under the jurisdiction of the Bureau of Public Utilities are exempt from providing the exact hour their work is to be performed. (Ord. 489 -69, § X, 11- 27 -89) 20 -1.11 Performance and Maintenance Guarantees a. Prior to the issuance of an approval, the applicant shall deposit with the Engineering Department a bond or escrow in an amount to be determined by the Department of Engineering and the form of the bond shall be approved by the Township Solicitor. b. The amount of bond or escrow will be established separately for each permit so that the Township will be protected against loss in the event of the failure of the permit holder to complete the work or make required repairs or restoration of damages involving the work or encroachment authorized by the permit. The amount of bond or escrow shall be computed on the basis of cost required to make proper restorations or repairs of a temporary and/or permanent nature. As part of the approval for application for permit, the Township Engineering Department shall advise on the permit application form the amount of the bond or escrow required. C. An annual blanket bond not less than twenty thousand ($20,000.00) dollars acceptable to the Solicitor of the Township may be deposited to avoid the inconvenience and expense of obtaining individual bonds for each permit requested. d. The performance bond shall also encompass a maintenance bond once the permanent restoration has been completed and accepted by the Township. e. Upon completion of final and permanent restoration and acceptance by the Township, the performance bond or escrow will be returned subject to a fifteen (15 %) percent maintenance bond or escrow being posted. f. The maintenance bond or escrow shall remain in effect for a two (2) year period of time. The bond or escrow shall be released to the permit holder upon satisfactory completion of all restoration and repairs during the initial permit period as well as any corrective work required during the two (2) year maintenance period. The two (2) year maintenance period shall commence after final inspection of the work performed under the permit and the acceptance of the work by the Township. g. For all utilities under the jurisdiction of the Bureau of Public Utilities, a blanket corporate bond acceptable to the Township Solicitor in the amount of twenty - five thousand ($25,000.00) dollars may be deposited with the Township in full force and effect in lieu of separate bonds or escrows for each required permit as surety for the performance and maintenance period. Said maintenance period shall be for a period of two (2) years and shall commence after the final inspection of the work performed under the permit and the acceptance of the work by the Township. (Ord. 489 -69, § XI, 11- 27 -89) 20 -1.12 Schedule of Fees for Permit a. , Prior to the issuance of a permit, the applicant shall pay to the Department of Engineering a fee of one hundred ($100.00) dollars to cover the cost of administration. In addition, a fee to cover the cost of inspection shall be determined by the Engineering Department. The inspection fee shall not be less than one hundred ($100.00) dollars for the first one thousand ($1,000.00) dollars estimated cost of right -of -way restoration and for each additional one thousand ($1,000.00) dollars estimated cost of right -of -way restoration, an additional fifty ($50.00) dollars per one thousand ($1,000.00) dollars estimated cost shall be paid to the Township for inspection prior the permit being issued. For sidewalk and/or apron replacement only, the applicant shall pay a cash fee of seventy -five ($75.00) dollars per property to cover the cost of administration and inspection. b. A surety shall be posted for all work to be done within the right -of -way (other than sidewalk and /or apron replacement only). The surety shall be five hundred ($500.00) dollars for ten (10) square feet or less of opening, and an additional charge of thirty -five ($35.00) dollars per square foot in excess of the first ten (10) square feet. The posting of said surety shall not be required of a utility company under the jurisdiction of the Bureau of Public Utilities or a contractor who has posted an approved blanket bond. 20 -1.13 Specifications. All work to be performed for excavating or opening of roads, streets, highways, avenues or rights -of -way in the Township shall be performed in accordance with the current specifications entitled, "Detail Specifications for the Excavating or Opening of Streets, Roads, Avenues, Highways and Rights -of —Way in the Township of Cherry Hill, County of Camden ", which are on file in the Township Engineer's office. (Ord. #89 -69, § XIII, 11- 27 -89) 20 -1.14 Terms. The terms of this section shall not apply to a street or right -of- way in any subdivision approved by the Township Planning Board Prior to the Township accepting the street or right -of -way for maintenance purposes, or for any work covered under separate contract for the Township. (Ord #89 -69, § XIV, 11- 27 -89) 20 -1.15 Penalty Any person, partnership, association, or corporation opening or attempting to open any road, street, avenue, highway or right -of -way of the Township without first securing a permit, or violating any provisions of this section shall.be liable to the penalty stated in Chapter I, Section 1 -5. (Ord #89 -69, § XV, 11- 27 -89) 20 -2 OBSTRUCTION OF PUBLIC RIGHT -OF -WAY 20 -2.1 Prohibited No person shall place or maintain any encroachment, obstruction or encumbrance in, over or upon any street, avenue, highway, road, lane, sidewalk, walkway or right -of -way subject to public use of the Township. (Ord #73 -7, § 1, 2- 26 -73) 20 -2.2 Exceptions Warning signals and barricades used during construction are to be excepted from this section, along with basketball backboards on cul -de -sacs. (Ord #73 -7, § 2, 2- 26 -73; Ord, #85 -5, § 1,2- 25 -85) 20 -2.3 Violations Any person violating subsection 20 -2.1 of this section shall be notified in writing either personally or by certified mail, return receipt requested at the address as shown on the Township tax records to remove the encroachment within fifteen (15) days of receipt of the notice. Upon failure to remove the obstruction within fifteen (15) days of receipt of the notice, the Township shall remove same and the expense of such removal shall be charged against the landowner or occupant. (Ord #73 -7, § 3, 2- 25 -85) 20 -3 SPILLING OR DUMPING DIRT, DEBRIS OR OTHER MATERIALS ON STREETS OR LANDS 20 -3.1 Depositing of Dirt, Garbage or Rubbish Prohibited Within the Township no person or corporation shall deposit or cause to be deposited dirt, garbage, rubbish, debris or other waste matter on any highway, street or any lands in the Township or portions thereof. (Ord #65 -14, § 1, 5- 10 -65; Ord #88 -65, § 2, 10- 11 -88) 20 -3.2 Removal Required; Time Limited If, despite preventative efforts, any dirt, garbage, rubbish, debris or other waste matter is deposited, thrown, spilled or dumped upon any highway, street or any lands in the Township or portions thereof, the person which caused the same, shall before 6:00 p.m. on the same day, remove the same without permitting it to enter the Township's storm water drainage system or any stream within the Township. (Ord. #65 -14, § 2, 5- 10 -65; Ord. 488 -65, § 2, 10- 11 -88) 20 -3.3 Penalty; Removal of Materials Any person violating any of the provisions of this section, shall, upon conviction, be required to remove any and all dirt, garbage, rubbish, debris or any other waste matter from the sited location and also be liable to the penalty stated in Chapter I, Section 1 -5. (Ord. #88 -65, § 3,10- 11 -88; New) 20 -4 MAINTENANCE OF SIDEWALKS AND GUTTERS 20 -4.1.1 Responsibility of Owner or Tenant The owner or tenant of any land abutting upon public highways, roads, or streets in the Township shall remove weeds, debris, broken glass, fallen leaves and branches, and all other types of refuse from the abutting sidewalks and gutters of the public streets and maintain the same in a manner that is described in provisions of this section or in an acceptable manner to prevent health and safety hazards and to preserve aesthetic appearance (N.J.S.A. 40:65 -12). (Ord. #76 -49, § 6, 9- 13 -76; Ord. #83 -34, § 6, 8- 22 -83) 20 -5 RESERVED 20 -6 RESERVED. 20 -7 INSTALLATION OF SIDEWALKS IN CONNECTION WITH ROAD CONSTRUCTION 20 -7.1 Required; Exceptions. Sidewalks shall be installed in connection with all road reconstruction; however, in the following instances sidewalks may be omitted by Council: a. Cul -de -sacs and dead end streets; b. Streets less than two hundred fifty (250') feet in length; C. Streets on which vehicular traffic is less than an average of two (2) cars per hour over a twenty -four (24) hour period; d. Totally internal areas such as Hunt Tract and Wilderness Acres. (Ord. #89 -52, § 1) SECTION 2: All Ordinances or parts of Ordinances inconsistent with this amending Ordinance be and hereby are repealed to the extent of such inconsistencies only. SECTION 3: Upon successful adoption, this Ordinance shall become effective July 1, 2004. INTRODUCED: JUNE 14, 2004 ADOPTED: JUNE 28, 2004 NANCY L. FFOS, RMC TOWNSHIP CLERK O CI P IDENT /,4 F) � `BERNARD A. PLATT, MAYOR To: BERNARD PLATT, Mayor cc: Township Clerk Township Controller Purchasing Agent Solicitor Engineering Department COUNCIL AGENDA Supplementary Information Sheet Council Action Required: Ordinance Resolution Bid Award Action Needed by: JUNE 14, 2004 Detailed Explanation of Request: X The Department of Engineering suggests that the Governing Body consider the following fee and administrative changes to the Right of Way permits. In summary, the current road opening permits have been in the general ordinance since 1989 (15 years), with no change to the fee schedule. Our office has researched surrounding communities to solicit their charges and have found that they far exceed our current charges and, in fact, will remain higher or the same as our suggested fees if considered and adopted by Council. Our suggested modifications are Permit Fee: Existing charge: Proposed charge: Inspection Fee: Existing charge: Proposed charge: Surety /Other: Existing charge: Proposed charge: as follows: $50.00 $100.00 $50.00 (first $1,000 of estimated restoration, $35 ea. Additional $1,000) $100.00 (first $1,000 of estimated restoration $50 ea. Additional $1,000) $250.00 (10sf or less, $10 ea. Add. sf) $500.00 (10sf or less, $35 ea. Add. sf) Reasons for Consideration: Permit fee: The permit process includes clerical preparation (lhour + / -), technical review of the permits, calculation of required permit, inspection and surety fees as well as a site visit by a Municipal Inspector (2 hours + / -). The total permitting process takes approximately 3 hours to complete and therefore $100.00 is a reasonable fee. Inspection fee: The average inspection fee should range from $150 to $200. A typical inspection process of a road opening, from initial opening to final paving will total approximately 3 to 4 visits with a total allocated time of 6 to 8 hours. $200 divided by 8 total hours averages $25 per hour which is, at a minimum, a reduced hourly rate for inspection services. Surety /Other: The surety is a cash escrow which is posted only to protect the Township in the event a contractor does not complete all required roadway restorations and the Public Works Department is required to complete the street repairs. Presently, our charges are not adequate to pay for the necessary materials and manpower to complete any unfinished work. The new charges will more closely represent the necessary costs which would be incurred by the Township. Previous /Existing Revenue* FY Monies collected Utility Residential Total Repairs Repairs Permits 2002 $19,400 388 2003 $20,600 355 57 412 2004 (to date) $11,700 204 30 234 2004 (pro -rate $20,050 350 51 401 for year) *Existing fee $50 per permit *Presently ordinance requires, at a minimum, $50 inspection fee per opening, (not collected at this time, reason unknown). Please note that approximately 87% of the Right of Way openings comprise of Utility applications. Residential requests are only 13 % and average only 1 per week. Proposed Revenues* Total Permits Permit Costs Inspection Costs FY 2005 400 $100 $150 (avg.) (Projected) Total Revenues $100,000.00 It is anticipated that the proposed suggested fee modifications will generate an additional $75,000 to $80,000 in revenues, allowing the Right of Way permit process to be self - sufficient in terms of required man hours versus collected funds. Other The application process is presently somewhat convoluted with the permit being handled by both the Engineering Department and Code Enforcement. The Ordinance provides for the entire process to be handled by Engineering as a majority of the work is completed by this Department. We have'met with Tony Saccomanno and he has no objection to consolidating this procedure within our Department. I thank Mayor and Council for their time and consideration. Initiated by: Division Approved by: Date: Department Head Approved by: Mayor