Berkeley Heights City Zoning Code

No person or entity shall open or make any excavation, or place any form of construction in, over, or upon any public street, road, thoroughfare, highway or right-of-way area, or remove or alter any curb or other structure or topography, or otherwise endanger or obstruct the normal flow of traffic or normal flow of surface water, including, without limitation, by water discharge, the placing of any barricade, structure, material, or equipment not normally designated to be operated, placed or used on a street, or which would cause injury to a right-of-way area, in the Township of Berkeley Heights for any reason whatsoever, without having first applied for and received a permit to do so from the Township Engineer. Emergency street openings or excavations may be made without obtaining a written permit as provided in Section 20.1.12.

A.

Such application shall be made in writing to the Township Engineer, upon forms furnished by the Department specifying the nature of the excavation, the work to be done, the location thereof, the time it will be necessary for the public roadway to remain open, and such other information as the department may deem necessary.

B.

The fee for such application shall be as set forth in Section 20.1.4. Upon receipt of such application and fee, the Department shall grant the same, in writing, if it shall appear proper to do so, provided that where such application is made by a Public Utility operating under a municipal consent to open the public streets, no fee shall be required.

C.

The Township Engineer, or such other employees as the Department Director shall designate, shall be responsible for carrying out the provisions of this section, except as otherwise noted herein.

D.

On newly paved streets, roadways and rights-of-way, there shall be a five (5) year moratorium restriction on the issuance of road opening permits, which shall commence upon the acceptance date of the newly paved road by the Township Engineer and the Township Engineer's formal recommendation for payment of same. Exceptions shall be granted for utility emergencies, utility openings that impact the safety and welfare of property owners, or if the applicant is able to prove undue hardships. Undue hardships shall be approved at the discretion of the Township Engineer. In the event that an exception is granted during the moratorium, the applicant shall be responsible to limit the disruption as much as possible, saw cut all excavations, and restore the trench to its original condition including, but not limited to the pavement, surface treatments, and striping. All repair paving shall be completed in accordance with [Section] 20.1.15. A non-refundable fee of $500.00 will be charged to open a road within its moratorium. The inspection fee would be $150.00 and the trench must be compacted in lifts not exceeding twelve (12) inches in depth. A refundable deposit would still be required in accordance with Section 20.1.3.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 15-2022, 10-18-2022; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Prior to the issuance of any permit for excavation below pavement grade or for any disturbance to a right-of-way area, the applicant shall file a certificate of insurance certifying that there is in full force and effect liability and property damage insurance for the protection of the applicant, the Township, and the Township Engineer's firm from any and all claims for personal injury, including accidental death and property damage and bodily injury in minimum amounts as follows:

1.

Workers Compensation:

Applicable Federal, State: Statutory

Employers' Liability: $1,000,000 (each accident)

Disease—Each Employee: $1,000,000

Disease—Policy Limit: $1,000,000

2.

Contractor's Liability Insurance: Covering any and all bodily injury and property damage arising out of or in connection with the work performed hereunder (including coverage for premises, operations, explosions, collapse and underground operations, independent contractor protection, sublet work, elevators, contractual liability, broad form property damage, products liability and completed operations) and personal injury (with employment exclusions deleted):

Comprehensive General Liability and Comprehensive Automobile Liability as follows:

General Liability:

Each Occurrence: $1,000,000.00

General Aggregate: $2,000,000.00

Products Completed Operations: $2,000,000.00

Medical Expense: $10,000.00

Automobile Liability (Owned, Non-Owned and Hired):

Combined Single Limit: $1,000,000.00

3.

Excess Umbrella Liability: $4,000,000.00

Excess liability shall have a drop-down provision to cover over $1,000,000 of Employers' Liability section of Workers' Compensation listed above.

4.

Contractual Liability Endorsement (Bodily Injury and Property Damage Combined):

Each Occurrence: $ 1,000,000.00

Certificates of insurance which name the Township, the Township of Engineer, and the State of New Jersey, if applicable, as additional named insureds shall be furnished to the Township at the time the contract is signed. Additional Insured status should be provided on a Primary, Non-contributory basis.

The policies shall include waiver of rights of subrogation. Contractor shall carry, during the life of the contract and any extension thereof.

Each policy shall contain a provision that the policy cannot be cancelled or allowed to expire and the limits will not be reduced until at least sixty (60) days' notice is given to the contractor, the Borough by certified mail, return receipt requested.

The applicant shall agree to indemnify, defend, and hold the Township, its employees, agents, and authorized representatives harmless from an against any loss, damage, claim, or expense (including, without limitation, reasonable attorneys' fees) caused by or arising from any damage or injury to property or persons arising from or in connection with the construction; provided however, that notwithstanding anything to the contrary herein, the applicant shall not be obligated to indemnify, defend and/or hold the Township harmless with respect to any claim proximately related to the alleged negligence and/or intentional misconduct of the Township or its agents, representatives or employees.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

No person or entity shall be granted a permit to open any street or to conduct any work in a right-of-way area unless there is deposited with the Township Clerk performance guarantees sufficient to secure the cost of repairing and replacing the street or other surface or appurtenances within the street, shoulder, curb, right-of-way area, or drainage areas as may be determined by the Township Engineer. Said determination of performance guarantee amounts shall be based upon actual current cost estimates to be made by the Township Engineer plus twenty (20) percent. All performance guarantees required hereunder shall be secured by a cash deposit. The cash requirement may be satisfied by assignment of savings accounts or certificates of deposits provided that the accounts and certificates are assigned so that the Township may withdraw the amounts on deposit without delay or the necessity of securing the further approval of the party posting the same. The minimum amount of the performance guarantee for any street opening shall be $2,000.00. For the purposes of this deposit or bond, each street opening is calculated individually and multiple street openings require separate bonds/deposits.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

All street openings, excavation, and restoration thereof shall be made under the supervision of the Township Engineer and shall be subject to periodic inspection as he deems necessary. In addition to the cash deposit as provided in Section 20.1.3, each applicant for a permit shall pay the following fees for the purpose of issuance of the permit, examination of drawings, supervision, and inspection of work: the sum of $35.00 and, in the case of trench openings and excavation, an additional fee of $125.00. In the event more than one (1) inspection is required, the same will be made at the additional charge of $75.00 each.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

No performance guarantee shall be released until all repairing and replacing of streets or other surfaces or appurtenances within the street, shoulder, curb, right-of-way area, or drainage areas are fully complete to the satisfaction of the Township Engineer and all inspection fees paid as provided in this Section. In no event shall any such performance guarantee be released within a period of six months from completion of the work and until written approval thereof by the Township Engineer is obtained.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Unless otherwise directed by the Township Engineer, the following specifications shall govern the backfill in excavated trenches:

A.

All openings in roads, road shoulders, driveways, and other municipal right-of-way areas shall be backfilled with the materials excavated therefrom and shall be tamped in twelve (12) inch layers with a mechanical tamper. If the Township Engineer finds that those materials are not of suitable nature, he shall have the authority to require the said opening to be backfilled with bank run gravel.

B.

All material not suitable for backfill and all excess backfill material shall be removed from the site by the permittee. All unsuitable backfill shall be removed and disposed of by the applicant, in conformance with applicable codes and regulations.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Unless otherwise directed by the Township Engineer, upon completion of the opening and backfill as specified in Section 20.1.6, the following specifications shall govern the maintenance and repair of street openings and openings in right-of-way areas by the permittee:

A.

Shoulder openings shall be backfilled to within eight (8) inches of the existing shoulder surface. The remainder of the trench shall be filled with road stone and tamped or rolled with the minimum capacity of a five-ton roller. The trench shall be maintained to the existing shoulder grade by the addition of shoulder stone as required.

B.

Pavement openings shall be filled as specified above for shoulder openings except that in place of the shoulder stone used to fill the remainder of the opening, six (6) inches of bituminous stabilized base shall be used. The pavement openings shall be maintained to the existing pavement grade by the addition of bituminous concrete as required. When, in the opinion of the Road Foreman, settlement in the pavement opening has ceased, the bituminous concrete surface course shall be removed and a permanent surface installed which shall as nearly as possible duplicate the original pavement in type, material, color, and texture of surface to result in a uniform riding surface.

C.

Driveway openings shall be replaced in kind in accordance with the provisions of Article 20.3 hereof. All other work relative to driveways shall be conducted in accordance with the said Article.

D.

Adequate provision shall be made to maintain and restore drainage and drainage facilities.

E.

Right-of-way areas shall be filled in accordance with Section 20.1.6 above and shall be fine-graded and seeded or sodded at the Township Engineer's direction. All such areas shall, as is reasonable possible, be returned to a state as close as that which existed before any work was performed therein.

F.

Any curbing affected by the aforementioned openings shall be restored in kind.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

When it shall be necessary to use or store explosives in conjunction with any street opening or right-of-way work, the permittee shall comply with all applicable provisions of the Fire Prevention Code adopted by the Township. The provisions and requirements of the code are in addition to this Section. The Township Engineer shall review any application which involves the use of explosives.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Every person making an excavation shall be required to place and maintain suitable warning devices, caution notices, barriers, and lighting devices pursuant to the requirements of Title 39 of the Revised Statutes of New Jersey as amended and supplemented and the most recent edition of the Manual on Uniform Traffic Control Devices. All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public and occupants of adjoining property.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Any street opening must be backfilled within a period of forty-eight (48) hours after commencement of excavation, or be adequately covered with the use of steel plates, tacked, and ramped with asphalt to the existing pavement. Temporary repaving shall be completed promptly as trenches are backfilled. Temporary repaving shall be installed within twenty-four (24) hours of the completion of any excavation. Permanent replacement shall be completed within a period of ninety (90) days from the date of installation of temporary pavement unless the Township Engineer designates a shorter period of time. The Township Engineer may grant time extensions under this Section where circumstances warrant. All work in any right-of-way areas shall be completed at the earliest time reasonable possible. The performance deposit/bond shall be held for a period of six (6) months following the commencement of the project.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Any public utility subject to regulation by the Board of Regulatory Commissioners of the State of New Jersey may, in lieu of security deposits required in Section 20.1.3, execute a bond in the penal sum of Ten Thousand ($10,000.00) Dollars to the Township and file same with the Township Clerk. Such bond shall be conditioned upon compliance with the applicable provisions of this Section. Additionally, all utility companies shall be required to submit a permit fee in accordance with Sections 20.1.1(B) and 20.1.4, In lieu of filing certificates of insurance as provided in Section 20.1.2 above, a public utility may file with the Township Clerk evidence certifying that it is qualified as a self-insurer pursuant to the appropriate statutes of the State of New Jersey. The provisions of Sections 20.1.3 and 20.1.4 shall not apply to the installation of public utility poles and anchors. If the scope of work is beyond a typical service connection (i.e., installation of new gas or water main), the public utility shall pay into an inspection escrow with an initial deposit of $2,500.00, but the Township engineer, at his or her discretion, may increase or decrease the amount of the deposit.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would reasonably appear to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in Section 20.1.9 and 20.4.6. Immediate notice thereof shall be communicated to the Berkeley Heights Police Department and the Township Clerk or Township Engineer. Application for a permit shall thereafter be made within a period of forty-eight hours, and the provisions of this Section shall be met.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Every permittee shall, as a condition of accepting any permit issued hereunder, have, and hold harmless the Township and indemnify the Township from and against any loss, damage, claim, expense, or demand whatsoever arising out of any matter or resulting from the opening of any street and the issuance of a permit therefor.

In case the person or corporation opening any public roadway or street in the Township shall not restore and maintain the same, including any pavement which may have been removed, as required by this Chapter, and to the condition in which the person or corporation found the public roadway or street before opening same; then, without notice, in the case of settlement or other hazardous deterioration or failure of such opening, and within ten (10) days from the time when directed to do so by the Township Engineer, in the case of repaving such opening, the Township may restore the street to its former condition. The cost for the Township's labor and materials, including an administrative surcharge of fifteen (15) percent, shall be deducted from the street opening deposit, with the balance thereupon returned to the applicant. If there are insufficient funds in the deposited amount, the property owner for whom the work is being undertaken to open the public roadway or street shall thereupon become liable to pay the Township of Berkeley Heights the balance of such cost of any such restoration, including any and all costs and attorneys' fees associated with collecting any such funds.

(Ord. No. 5-2018, § 1, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Requirement to restore surface. The permittee shall restore the surface of all streets, driveways, sidewalks, aprons, grassed or other right-of-way areas broken into or damaged as a result of the excavation work to its original condition in accordance with the specifications of the Township Engineer.

B.

Criteria for repairs.

(1)

Within grassed areas, the top four (4) inches of the trench and any other areas damaged during construction shall be backfilled with topsoil as defined in Division 800 of the NJDOT Standard Specifications for Road and Bridge Construction, latest edition. Then all newly placed topsoil shall be fertilized and seeded per these specifications.

(2)

Within the limits of gravel areas or any other nondecorative gravel surface, the top of the trench shall be backfilled with eight (8) inches of dense graded aggregate (DGA) base course as defined in Division 300 of the NJDOT Standard Specifications.

3)

Within asphalt roadways, all trenches shall be brought up to twelve (12) inches below the surface as required in the backfilling sections listed previously. The remaining void shall be backfilled with a temporary repair of six (6) inches of DGA base course as defined in Division 300 of the NJDOT Standard Specifications and six (6) inches of hot mix asphalt (HMA) 19M64 base course as defined in Division 400 of the NJDOT Standard Specifications.

(a)

The temporary pavement shall remain in place for a period of at least three (3) months and no longer than four (4) months to allow for residual settlement to take place. During this time, the permittee shall assure maintenance of the pavement surface. Manholes, valve boxes or other physical utility obstructions shall have feathered approaches not to exceed a five (5) percent slope where necessary and temporary pavement striping shall be restored by the permittee for adequate traffic control.

(b)

The final asphalt paving will depend on the size of the trench:

[1]

Where twenty (20) percent or more of the existing surface width and/or a distance parallel or longitudinal to the roadway center line of twenty-five (25) feet or more has been disturbed, the permittee shall mill the entire pavement surface from edge to edge or curb to curb and the full length of the trench plus five feet each side at a minimum depth of two inches. All milling and disposal of millings shall be done in accordance with Division 400 of the NJDOT Standard Specifications. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The Township will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.

[2]

Where less than twenty (20) percent of the existing surface and a distance parallel or longitudinal to the roadway center line of less than twenty-five (25) feet has been disturbed, the permittee shall sawcut the existing surface course two (2) inches deep at a location twelve (12) inches beyond the trench surface, and remove the existing pavement to the same depth. Pavement removal shall be done by milling or another method as approved by the Township Engineer. The permittee shall clean and sweep the milled surface and apply tack coat in preparation for immediate paving. The area will then be paved with two (2) inches of HMA 9.5M64 surface course in accordance with Division 400 of the NJDOT Standard Specifications. The Township will require that the terminal ends of the paving be keyed and cut vertical to provide a smooth transition to the existing asphalt surface. Feathering will not be allowed.

C.

Temporary surface restoration in traffic lanes. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be tamped into place, and this fill shall be topped with a minimum of at least two (2) inches of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one (1) inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe travelling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the Township Engineer. If, in the judgment of the Township Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, the Township Engineer may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over the cut or excavation to remain until such time as the repair of the original pavement may be properly made.

D.

Permanent street restoration. Permanent restoration of the street may be made by the permittee in strict accordance with the specifications prescribed by the Township Engineer to restore the street to its original and proper condition, or as near as may be. When, in the opinion of the Township Engineer, the full width overlay will present a hazardous condition and jeopardize the health, safety and welfare of the general public, the Township Engineer shall direct the permittee the method of restoration of the roadway surface.

(Ord. No. 15-2022, 10-18-2022; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Township Mayor and Council hereby finds that the uncontrolled and unregulated disturbance, excavation, filling, and removal of soil has resulted and will result in conditions detrimental to the public safety, health, and general welfare, deterring and hampering the efforts of the Township to effectuate the general purposes of municipal planning.

B.

Continuation of the uncontrolled and unregulated disturbance, excavation, filling, and removal of soil will result in serious and irreparable damage to the public health and welfare by reason of the consequent erosion by water and wind; inadequate and improper surface water drainage; interruption of septic and sanitary disposal systems; decrease in or destruction of the fertility of soil; removal of the lateral support of abutting streets, lands, and premises; creation of dangerous depression or pits; creation of dust storms and mosquito breeding places, rendering of lands unfit or unsuitable for their most appropriate uses; and creation of other factors and elements appropriate uses; and creation of other factors and elements hampering and deterring the coordinated, adjusted, and harmonious physical and aesthetic development of the Township.

C.

For these reasons, it is hereby established that the uncontrolled and unregulated disturbance, excavation, filling, and removal of soil shall be controlled and regulated as set forth herein.

A.

No person, firm, or corporation shall do, cause, or allow any of the following actions to occur in the Township of Berkeley Heights, unless and until a soil permit therefor shall first have been issued by the Township Engineer of the Township of Berkeley Heights:

1.

The addition of more than one hundred (100) cubic yards of soil to any lot.

2.

Commercial site plans approved by the Planning Board or Board of Adjustment provided that the amount of soil to be added or removed from the site is less than two hundred fifty (250) cubic yards and the site plan application includes the information required under sections 20.2.4 and 20.2.5 of this Article.

3.

The moving of more than one hundred (100) cubic yards of soil or other material on a lot where said activity results in a change in any of the contours of the lot greater than six (6) inches or results in a change in the drainage characteristics of the lot to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.

B.

A soil permit may be transferred. The transferee shall be subject to all terms and conditions of said permit.

A.

The provisions of this Section shall not apply to the following:

1.

Excavation for the construction or repair of individual subsurface sewage disposal systems (septic systems) when such construction or repair is performed pursuant to a permit duly issued by the Township Board of Health.

2.

Commercial site plans approved by the Planning Board or the Board of Adjustment provided that the amount of soil to be added or removed from the site is less than two hundred fifty (250) cubic yards and the site plan application includes the information required under Sections 20.2.4 and 20.2.5 of this Article.

3.

Lake or stream dredging, where approval is required by the Soil Conservation District; Bureau of Fish, Game, and Wildlife; New Jersey Department of Environmental Protection and Energy; or any other governmental agency.

4.

Landscaping activities, to include but not be limited to, the addition of any amount of soil, provided that the said activity results in no change in any of the contours of the lot greater than six inches and also does not change the lot's drainage characteristics to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.

5.

Farming activities, including plowing, spading, cultivation, harrowing, or discing of soil, or any other operation usually and ordinarily associated with the preparation of soil for agricultural or horticultural purposes.

6.

Major subdivisions approved by the Planning Board or Board of Adjustment provided that the amount of soil to be added or removed from the entire tract is less than two hundred fifty (250) cubic yards and the subdivision application includes the information required under sections 20.2.4 and 20.2.5 of this Article. This exception specifically does not include the development of individual lots within a subdivision or any subdivision improvements which have not been reviewed by the Township Engineering Department or Planning Board during the subdivision review process. Such individual lots or other subdivision improvements will remain subject to this Section.

7.

Residential site plans approved by the Planning Board or Board of Adjustment provided that the amount of soil to be added or removed from the site is less than two hundred fifty (250) cubic yards and the site plan application includes the information required under sections 20.2.4 and 20.2.5 of this Article.

B.

If approval is required by either the Soil Conservation Service of the State of New Jersey, Department of Environmental Protection and Energy, or any other governmental agency, such approval shall be required as a condition of approval of the soil permit application; and no soil permit shall be issued until such approval is obtained.

A.

An application for a soil permit shall be filed with the Township Engineer and shall be accompanied by the fee and escrow deposit prescribed herein. Application shall be made in duplicate on forms prescribed by the Township and supplied by the Township Engineer. The application shall set forth the following:

1.

The identity and location of the applicant.

2.

The description and location of the lands in question, including metes and bounds and tax lot and block.

3.

The identity and location of the owner of lands.

4.

The purpose and reason for moving the soil.

5.

In case of removal, the place to which the soil will be removed and the type and quantity of soil to be removed.

6.

The proposed dates of commencement and completion of the work.

7.

An engineer's or surveyor's estimate of the cost of work to be performed.

8.

Soil erosion control measures.

9.

Such other pertinent data as the Township Engineer may require.

B.

An application fee of $25.00 shall accompany each application, to be utilized to offset the general administrative costs of the application. In addition to the application fee, the following sums shall be posted in escrow to cover the municipal costs of professional and non-professional services incurred during the review process and also for inspection costs required during the construction process:

1.

The sum of $250.00 where the application is for the addition, removal, or movement of two hundred forty-nine cubic yards of soil or less or the placement of soil on any property to a height of less than four feet.

2.

The sum of $500.00 where the application is for the addition, removal, or movement of between two hundred fifty (250) and four thousand nine hundred ninety-nine (4,999) cubic yards of soil or the placement of soil on any property to a height of between four (4) and five (5) feet.

3.

The sum of $1,000.00 where the application is for the addition, removal, or movement of five thousand (5) cubic yards of soil or more or the placement of soil on any property to a height of more than five (5) feet.

The Township Engineer will not commence his review of the application until the application fee has been paid and the required escrow sums posted. The escrow sums must be in the form of cash, certified check, or money order. All deposits of escrow funds shall be to the official designated by the Berkeley Heights Township Mayor and Council. Additional escrow funds may be required when the escrow has been depleted to twenty (20) percent of the original escrow amount. The Township Engineer shall not take any further action on the application until adequate additional sums have been deposited by the applicant with the official designated by the Township Mayor and Council. The escrow funds deposited by the applicant shall be administered in accordance with the procedures outlined in Section 17.11.2 of the Land Use Procedures Code.

The application for a soil permit shall be accompanied by a topographical map, in duplicate, of the lands in question. Said map shall be prepared and certified by a licensed professional engineer, architect, or licensed land surveyor as New Jersey law may allow. Said map shall be prepared at a scale of no greater than fifty (50) feet to the inch and shall show:

A.

The present grades (existing contour lines).

B.

The proposed grades as will exist when the work has been completed (future contour lines).

C.

The quantity of cubic yards of soil involved in the work (estimated).

D.

The topography of all lots and streets within one hundred feet of the property in question.

E.

The soil erosion measures to be employed.

F.

Present and proposed surface water drainage and supporting drainage analysis.

G.

In the event that there is any area of contaminated soil on any property which is proposed to be disturbed by the movement of soil as requested in the application for a permit, the applicant shall submit with its application current soil boring information (borings taken not more than twenty-four (24) months prior to the filing of the application) which information shall include, as a minimum, the following information:

1)

A certified survey on a scale no less than one (1) inch equals fifty (50) feet showing the location of each boring in a boring grid of not less than twenty-five (25) foot spacing in the affected area and extending at least twenty-five (25) feet outside of the affected area. The Township Engineer may require a closer spacing in appropriate circumstances to determine the true extent of the contamination;

2)

The depth of each boring, which shall not be less than three (3) feet below the lowest proposed disturbance of the site;

3)

A complete soil log for each boring identifying the contents of each boring and the depth at which each change in content occurred.

H.

Such other pertinent data as may be required by the Township Engineer.

Any application for soil movement of two hundred fifty (250) cubic yards or more shall be reviewed and approved or denied by the Planning Board based upon the standards established herein. Before the application is heard by the Planning Board, the Township Engineer shall review the application and shall forward the same to the Planning Board with written recommendations. The Township Engineer shall complete his review of the application and forward the same to the Planning Board within twenty (20) days of his deeming the same complete. Upon receipt by the Planning Board, together with the written recommendations of the Township Engineer, the Planning Board shall schedule a hearing for its next public meeting.

In the event that the application before the Planning Board is for a soil movement of five thousand (500) cubic yards or more, public notice of the said Planning Board hearing shall be given by publication in the official newspaper of the Township at least ten (10) days prior to the date of the hearing. Notice shall also be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the Township in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner, as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given to the individual owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.

In considering and reviewing the application and in issuing or denying a permit, the Township Engineer or the Planning Board shall be guided by the general purposes of municipal planning and shall consider at a minimum the following factors:

A.

Surface water drainage.

B.

Soil erosion by water and wind.

C.

Lateral support of abutting streets or public improvements.

D.

Public health and safety.

E.

For any lot which will have a total impervious coverage in excess of fifteen (15) percent in the R-15, R-15A, and R-20 zones, the Township Engineer, or the Planning Board, as the case may be, will require on-site provisions for the retention of all surface water drainage resulting from the said excess coverage over and above the said fifteen (15) percent. The Township Engineer or Planning Board, as the case may be, shall have the ability to waive the requirements of this paragraph in the event that the Township Engineer or Planning Board determine that the existing drainage facilities servicing the subdivision are adequate to handle the excess surface water drainage resulting from the impervious coverage exceeding fifteen (15) percent. This requirement shall be in addition to any specific surface water drainage requirements that the Township Engineer or the Planning Board may require for the lot if the same did not exceed the percentage of impervious coverage set forth above.

F.

Such other factors as may bear upon or relate to the coordinated and harmonious physical development of the Township.

A.

Before any permit shall be issued, the applicant shall file with the Township Clerk of the Township of Berkeley Heights any performance bond required by the Township Engineer or the Planning Board with satisfactory surety in the amount set by the Township Engineer or the Planning Board. The bond shall be conditioned upon full and faithful performance by the permit holder within the time specified in the application of all proposed work as set forth in the application which impacts public improvements. The bond shall also be conditioned upon the repair, at the expense of the applicant, of any street or streets damaged by the transportation of soil in connection with the permit if in the judgment of the Township Engineer or the Planning Board such repairs will become necessary. The Township Engineer or the Planning Board may in its discretion designate particular streets which may be used for transport of soil. The sufficiency of the bond as to form shall be determined by the Township Attorney.

B.

The Township Engineer or the Planning Board in its reasonable discretion may waive the requirement of the posting of a performance bond. Consideration shall be given to the following factors if the bond provision is waived:

1.

The volume of soil to be removed as estimated by the Township Engineer.

2.

The determination of the Township Engineer as to the extent of work to be done.

3.

The character of the public improvement affected.

4.

Such other pertinent data as the Township Engineer or the Planning Board may deem relevant.

The permit holder shall not take away the top layer of arable soil for a depth of six (6) inches, but such top layer of arable soil to a depth of six (6) inches shall be set aside for retention on the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Township Engineer or the Planning Board of the Township of Berkeley Heights.

A.

In the moving of soil, when permission has been duly granted, the permit holder shall so conduct the operation that there shall be no declivities, pits, or depressions, and in such a manner that upon completion the area shall be properly leveled off, cleared of debris, graded, top soiled to a depth of at lease four (4) inches, and seeded to conform to the contour lines and grades as approved by the Township Engineer or the Planning Board of the Township of Berkeley Heights.

B.

When a permit for moving soil has been granted, the permit holder shall keep records as are necessary to show the quantities of soil added, moved, or removed to or moved or removed to or from the land, whichever the case. The records shall be maintained so as to allow inspection and audit by the Township Engineer.

C.

Adequate measures shall be taken to prevent erosion or the depositing of soil or surface runoff upon surrounding lands.

The construction official, Township Engineer, or their designees shall have at all times the right to inspect any property where a permit has been issued under the provisions of this Article. In order to facilitate this right of inspection, the permit holder shall cause sufficient grade and boundary stakes to be put in place while work is going on or about to commence.

Nothing contained herein shall diminish any requirements of the applicant to obtain Somerset-Union Soil Conservation District approval when required. The requirements of this Section are in addition to the said soil district approval requirements.

Nothing contained herein shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands pursuant to any government-sponsored soil conservation program.

No soil movement shall take place which would result in a dangerous, unsightly, unsafe, or unhealthful condition. Appropriate safety precautions shall be taken during all soil movement activities.

A.

All construction materials which have not been utilized during the construction process shall be removed from the lot after construction has been completed and before a certificate of occupancy is issued.

B.

All natural wood debris developed during the construction process will be removed from the lot after construction has been completed and before a certificate of occupancy is issued.

C.

Before a certificate of occupancy is issued, a construction site will be inspected by the construction official, Township Engineer, or their designees and found to be in satisfactory condition relating to debris removal.

The maximum penalty for the violation of this Section shall be, upon conviction, a fine not to exceed $1,000.00 or imprisonment for a period not exceeding ninety (90) days, or both. The minimum fine for the violation of this Section shall be $100.00. Each and every day in which a violation of any provision of this Section takes place shall constitute a separate violation for the purposes of a penalty.

All soil permits issued pursuant to this Section shall be valid for two (2) years from the date of issue. Upon the permit's expiration, all work being conducted pursuant thereto will immediately cease. In the event a permit holder has not completed its work pursuant to the permit issued., the said permit holder will be required to reapply for a new permit within thirty (30) days of the said permit's expiration in accordance with the provisions of this Section. The reissued permit may be for less than two (2) years. The permit holder is required to complete all work pursuant to the terms of the original permit or the reissued permit terms. To not complete all of the said work, if any work under the permit is commenced, shall be a violation of the permit.

No driveway may be constructed or existing driveway altered within an existing or future municipal street or road right-of-way or connected thereto without first obtaining a driveway permit from the Township Engineer for driveways constructed pursuant to a land development approval of the Township of Berkeley Heights Planning Board or Board of Adjustment or the Road Foreman for an alteration to an existing driveway or the construction of a new driveway on an existing road for a lot that was not approved pursuant to a land development approval of the Township of Berkeley Heights Planning Board or Board of Adjustment. The applicant shall pay the Township a fee of $35.00 to cover the cost of review of the application and as a permit fee, plus $15.00 for each inspection required as determined by the Township.

All driveways shall conform to the existing pavement cross-section. All specifics and technicalities of construction shall conform to acceptable engineering standards.

All driveways constructed or modified within a municipal or road right-of-way or connected thereto shall be constructed so as to be perpendicular to the existing pavement or as approved by the Township Engineer or the Road Foreman. Any curved or angular approach of the driveway for esthetic or topographical reasons shall be accomplished outside of the municipal street or road right-of-way.

All driveways constructed or modified within municipal streets or road right-of-ways or connected thereto shall have a minimum driving width of ten (10) feet (may vary with local conditions) with a minimum radius of five (5) feet (may vary with local conditions) each side as they touch the municipal paving or traveled way.

All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of the soil from them and land behind them. Water and silt shall be prevented from running onto the municipal street or road and silt shall be prevented from filling up gutters, catch basins, inlets, drains, or culverts.

All driveways shall be constructed so as not to unduly concentrate, transport, or serve as a drainage way for stormwater runoff from roofs and/or adjacent land surfaces to the road drainage system.

All driveways within the municipal street or road right-of-way or connected thereto shall be constructed or altered in such a manner as not to interfere with the drainage along the existing pavement or traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing pavement and traveled way thereby creating a hump or uneven driving surface on the pavement or traveled way.

The construction of a properly-sized dish-type gutter will be permitted provided that the existing municipal water flow will not be blocked, altered, or changed in any manner unless otherwise approved by the Road Foreman or the Township Engineer.

The installation of a suitable size reinforced concrete pipe or culvert will be required in the event that the existing flow line or ditch cannot be crossed with a dish-type gutter. The size of the pipe or culvert shall be determined by a New Jersey licensed professional engineer. Where the construction of any driveway involves the break of existing curbing, the break in the curbing shall be restored at the borders of the driveway, in accordance with current Township detail specifications.

The Road Foreman and/or Township Engineer shall require the person applying for a driveway permit to submit plans in sufficient detail for them to adequately review. The plan shall show as a minimum the following information:

A.

A plot or site plan showing the driveway for at least fifty (50) feet of its length and its relation to the municipal street or road.

B.

A profile of the driveway showing existing and proposed centerline grades and elevations for at least fifty (50) feet of its length.

C.

A plan showing the type of storm drainage to be constructed at the driveway entrance to the municipal street or road; i.e., dish-type gutter, pipe, or culvert; size of pipes, culverts, and gutters; grades; elevations; typical cross-sections; construction details; and any other information deemed necessary to the proper analysis of the installation shall also be known.

Whenever any new driveway shall be intended to serve a building to be newly constructed or substantially altered, application for a driveway permit shall be made in conjunction with the application for a building permit for such building. The construction official (or other designated official) shall withhold the issuance of such building permit until such driveway permit has been approved pursuant to this Section.

It shall be the duty of the applicant to properly guard the construction of a driveway regulated under this Section by erecting suitable barriers, warning signs, and lanterns, in accordance with the manual on uniform traffic control; and such applicant shall be liable for any neglect to safeguard the traveling public.

In the event construction or modification of a driveway shall be such as to be unrelated to any of the objectives of this Section (i.e., traffic safety, visibility, soil, or pavement erosion, drainage, etc.), the Road Foreman or the Township Engineer may waive any or all of the above requirements, provided such waiver shall be consistent with the purpose and intent of this Article.

Any excavation or construction affecting the areas outside the right-of-way area shall be governed by the applicable provisions of Articles 20.1 et seq. and 20.2 et seq. of this Part 20.

Appeals from decisions under this Article may be made to the Township Mayor and Council in writing within ten (10) days from the date of such decision. The appeal shall be a written notice to the Township Clerk. The appellant shall be entitled to a hearing before the Township Mayor and Council of the Township of Berkeley Heights within thirty (30) days from the date of appeal. The Township Mayor and Council may thereafter reverse, modify, or affirm the aforesaid decision.

The penalty provisions of Section 20.2.16 of Article 20.2 of this Part 20 shall apply to this Article 20.3.

A.

The Township of Berkeley Heights hereby finds and declares that problems occur with pedestrian and vehicle traffic flow and control when such traffic must move through or around street construction, maintenance operations or utility work, above or below ground, which obstructs the public way or obstructs the normal flow of vehicular or pedestrian traffic and that such obstructions create dangerous conditions when not properly controlled.

B.

In order to better promote the public health, safety, and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of pedestrian and vehicular traffic in, near and through construction and/or maintenance areas.

C.

The scope of regulation is directed at those construction, maintenance and utility operations that require pedestrian traffic to deviate from the public way; require vehicular traffic to deviate from marked lanes of travel or to cross the center line of any roadway; operate at any location where sight distances are effected; or create a hazardous condition that has an immediate and negative effect on the safety of vehicular or pedestrian traffic at or near a construction or maintenance area.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

The Township adopts as a standard the Manual on Uniform Traffic Control Devices, hereinafter referred to as "MUTCD," current edition, and as it may be supplemented and amended. Whenever construction, maintenance operations or utility work obstructs the normal flow of vehicular or pedestrian traffic, warning signs, markings, signals, instructions, and any other devices used to assist in guiding traffic shall conform in all respects to the MUTCD.

B.

Any person or entity, natural or legal, contractor or utility that fails to comply with the applicable provisions of the MUTCD while performing such work is in violation of this section. For purposes of this section, the person who authorized or who directed the placement of the nonconforming traffic-regulating devices shall be deemed to have committed the offense.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

It shall be the responsibility of the person or entity seeking to conduct work on, under or above the public way to determine if such operations will fall within the scope of this section and, if so, to contact the Berkeley Heights Police Department at least ninety-six (96) hours in advance of starting work and arrange for a safety assessment meeting.

B.

The safety assessment meeting will result in a recommendation for the minimum necessary traffic control at the site or sites involved. Any person whose work is deemed to require traffic control by law enforcement personnel shall provide for the same by ordering this service through the Police Department.

C.

Any person or entity who undertakes work on, under or above the public way without benefit of a safety assessment meeting and whose work results in an unsafe condition does so at the person's own risk or peril. If, upon inspection of the work site, the Police Department deems it advisable to have police vehicular or pedestrian traffic control at the site, it may order work to be stopped immediately until a safety assessment meeting is held as provided above.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

If any construction equipment, debris, signs, or markings are to remain on the job site overnight or after the conclusion of the work day, the person, entity, contractor, or utility shall provide the Police Department with at least two (2) emergency contact phone numbers to be called in case of an emergency or problem at the construction or maintenance site.

B.

If, for any reason, emergency contacts cannot be reached or if the emergency contact person does not respond to a call from the Police Department to correct a hazardous condition, the Township may respond to correct such hazardous condition. The reasonable fees for such emergency services by the Township shall be charged to and paid by the person, entity, contractor, or utility responsible for such condition.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

There shall be no construction, maintenance operations or utility work affecting vehicular traffic between 10:00 p.m. and 7:00 a.m. at any location. The Township reserves the right to restrict the time of planned work or allow work during the restricted hours on a particular roadway in order to ensure public safety and to minimize the obstruction of traffic and inconvenience to the public.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Vehicular and pedestrian traffic control personnel shall be posted at all construction or maintenance sites as determined by the Berkeley Heights Police Department, either as a result of the safety assessment meeting or as a result of an on-site inspection.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Any public utility company or cable television company authorized pursuant to Title 48 of the New Jersey Revised Statutes and franchised to serve the Township by the New Jersey State Board of Regulatory Commissioners is exempt from the time-limit requirement and safety assessment requirement of this section. Agencies and employees of the Federal, State, County, and municipal government, and those contracted to work for the Township, in the performance of their official duties, are exempt from the time-limit requirement and safety assessment requirement of this section. However, notice shall be given to the Police Department prior to the start of work to determine the necessary traffic control measures in order to ensure the safe and expeditious movement of pedestrian and vehicular traffic. The necessary vehicular and pedestrian control measures shall be at the sole discretion of the Police Department. All other provisions of this section remain applicable, including but not limited to the provisions governing work stoppage by order of the police, and all such work must be performed so as to ensure public safety.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Berkeley Heights Police Department shall have the authority to stop any work, including ordering the removal of equipment, vehicles and stored material within the public way, the backfilling of open excavations or other related work, in order to abate any nuisance or safety hazard or for any violation of this section.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Any person, entity, contractor or utility company who violates this section shall, upon conviction thereof for a first offense, pay a fine of not less than $100.00 nor more than $500.00 and perform up to ten (10) days of community service within the Township; for a second offense, upon conviction thereof, pay a fine of not less than $250.00 and perform up to twenty (20) days of community service within the Township; for a third or subsequent conviction, pay a fine of not less than $500.00 and perform up to thirty (30) days of community service within the Township.

B.

Any penalty under this section shall be imposed upon the person, entity, contractor, or utility, as the case may be, upon a finding of guilt.

C.

A separate offense shall be deemed committed on each day or part of a day during or on which a violation occurs or continues for each and every construction or maintenance site.

(Ord. No. 5-2018, § 2, 5-8-2018; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)