[Adopted by Ord. No. 1308 as Ch. 12.04 of the 1998 Code]
[Amended 5-14-2013 by Ord. No. 2013-16]
A.
Every owner or occupant of property within the Township shall maintain
and be responsible for the proper upkeep of that part of the street
between the property line and the curb abutting his or her property,
including corner areas adjacent to corner lots either within or without
the property lines. Such upkeep shall include the proper maintenance
and repair of the sidewalk in places where such sidewalk exists in
accordance with the Americans with Disabilities Act. The owner or
occupant of the property shall not be responsible for utilities, signs
or curbs.
B.
In the event any owner or occupant shall fail to properly maintain
or repair the sidewalk which is his or her responsibility, the Township
Administrator, upon a resolution of the Township Committee, may cause
written notice to be served upon such owner or occupant, either personally
or by certified mail, requiring that the sidewalk be repaired within
30 days or within such reasonable period of time depending upon the
season of the year. Whenever any lands are unoccupied and the owner
cannot be found within the Township, the same may be mailed, postage
prepaid, to his or her post office address, if the same can be ascertained;
in case such owner is a nonresident of the Township or his or her
post office address cannot be ascertained, then the notice may be
inserted for four weeks, once a week, in a newspaper circulating the
Township.
C.
In the event the owner or occupant of such lands shall not comply
with the requirements of such notice, it shall be lawful for the Public
Works Department of the Township, upon filing due proof of the service
or publication of the aforesaid notice with the Township Clerk, to
cause the required work to be done and paid for out of Township funds
available for that purpose; the cost of such work shall be certified
by the Department of Public Works to the Tax Collector; upon filing
the certificate, the amount of the cost of such work shall become
a lien upon the abutting lands in front of which such work was done
to the same extent that assessments for local improvements are liens
under general law and shall be collected in the manner provided by
law for the collection of such other assessments and shall bear interest
at the same rate; in addition thereto, the Township may have an action
to recover said amount against the owner of said lands in any court
having competent jurisdiction thereof; a certified copy of the aforesaid
certificate shall in such action be prima facie evidence of the existence
of a debt due from said owner to the Township.
[Added 5-14-2013 by Ord. No. 2013-16]
A.
Existing trees located within the right-of-way of Township streets
and roads shall be maintained by the Township and may be removed as
the Township deems appropriate. No new trees shall be planted within
any Township right-of-way and no existing tree shall be removed without
the written approval of the Township Administrator or his designee.
B.
In the event the owner of property adjacent to a Township right-of-way
desires to remove a tree in the right-of-way, either in conjunction
with improvements or repairs to sidewalks or otherwise, they must
obtain the written approval of the Township Administrator or his designee
and shall be responsible for the cost of removal. Replacement of trees
in the right-of-way shall not be permitted.
C.
In the event of a violation of the prohibition on the planting of
a tree in the right-of-way the Township shall have the right to remove
the tree, assess the adjacent property owner for the costs of removal,
and file a lien with the Tax Collector for the costs incurred.
[Amended 11-22-2005 by Ord. No. 2005-49; 5-11-2010 by Ord. No. 2010-15]
No street or road which has been dedicated to
public use (whether accepted or not) shall be opened or improved unless
a permit has been obtained from the Township Engineer authorizing
such opening or improvement. No private street or road that the Township
has agreed to maintain shall be opened or improved unless a permit
has been obtained from the Township Engineer authorizing such opening
or improvement.
[Amended 11-22-2005 by Ord. No. 2005-49]
Before any such street or road is opened or
improved, the owner or developer shall make application in writing
for a permit, which permit shall specify the nature and location of
the opening or improvement to be made, and, if the street or road
is to be improved, shall furnish to the Township Engineer a letter
or satisfactory evidence showing that the subdivision in which the
said street or road is located has been approved by the Planning Board.
In addition, the owner or developer shall file with the Township Engineer
six copies of a set of construction plans drawn by a professional
engineer licensed to practice in the State of New Jersey. The plans
shall show the alignment of the street or streets; center line profiles
of existing ground and proposed finished grades; bench marks; monuments
to be set when the streets are graded; the proposed location of pavement,
storm drains, manholes, inlets, curbs at street intersections and
at inlets; and an itemized list on the plans of the quantity of each
item to be constructed. Such application shall be accompanied by a
surety bond to the Township in form and amount and with surety satisfactory
to the Township, conditioned for the improvement of such street in
accordance with the requirements of this article.
No street, avenue or road in the Township of
Montville shall hereafter be accepted as a public street or road until
the same shall have been improved in accordance with the requirements
herein.
All such streets shall be at least 50 feet in
width and shall consist of a center portion, to be known as the "roadway,"
having a width of not less than 30 feet and a sidewalk area on each
side of the roadway having a width of 10 feet. In all industrial zones
the streets shall be at least 60 feet in width, with a roadway of
not less than 40 feet and a sidewalk area on each side of the roadway
having a width of 10 feet.
A.
The owner or developer shall grade and pave the street
in the following manner:
(1)
The grading shall be for an area measured 15 feet
at right angles from the center line of the street plus additional
grading required for sidewalks and slopes and in accordance with the
typical section on file with the Township Clerk and made a part of
this article.
(2)
The roadway shall be paved for a width of 30 feet,
15 feet on each side of the center line, with the following materials:
(a)
The base shall be of macadam five inches thick,
consisting of two-and-one-half-inch stone bound with dry dust screenings.
(b)
A prime coat of asphaltic oil shall be placed
on the base, consisting of Grade MC-0 or Grade MS-1, spread at the
rate of 0.25 gallon minimum per square yard.
(c)
On top of the base shall be placed three inches
of FABC-2.
(d)
All materials and installations shall be in
accordance with the current specifications of the New Jersey State
Highway Department.
(3)
At street intersections the roadway shall be paved
full width within the areas of the limits of curb returns.
B.
Concrete or Belgian block curbs, whichever is approved
by the Planning Board, shall be constructed along all streets in accordance
with the then-current New Jersey state highway specifications.
C.
The crown of the roadway and the dimensions of the
curb shall be as shown on the typical section and details on file
with the Township Clerk.
D.
The location of utilities shall be as shown on the
typical section on file with the Township Clerk.
E.
The size of the storm drains shall be approved by
the Township Engineer.
F.
Inlets, catch basins, headwalls, storm pipes and all
other materials and installations, unless otherwise specified herein,
shall comply with the requirements set forth in the then-current New
Jersey state highway specifications.
Easements of a width sufficient to allow proper
maintenance shall be provided for the outletting of all drains, pipelines,
etc., to streams, existing store drains or other legal drainagecourses.
Said easements shall be dedicated to the Township by approved legal
procedures.
Permanent street signs shall be erected at all
street intersections in accordance with the approved specifications
therefor on file in the office of the Township Clerk at the Township
Hall.
All construction work shall be subject to the
inspection of the Township Engineer and to such inspectors as the
Township Committee may appoint for the purpose. The developer shall
be required to pay to the Township of Montville such amounts as the
Township may expend for inspection fees, at prevailing rates per diem.
Any and all materials found to be unsatisfactory or showing faults
when tested in a reputable engineering laboratory to be designated
by the Township Committee shall be removed and not used in such construction.
The requirements hereof shall be considered
as minimum requirements for street improvements in the Township of
Montville.[1]
No person shall begin to construct, reconstruct,
repair, alter or grade any sidewalk, curb, curb cut, driveway or street
on the public streets without first obtaining a permit from the Township
Clerk, after approval by the Township Engineer.
An applicant for a permit hereunder shall file
with the Township Engineer an application showing:
A.
Name and address of the owner or agent in charge of
the property abutting the proposed work area.
B.
Name and address of the party doing the work.
C.
Location of the work area.
D.
Attached plans showing details of the proposed alteration.
E.
Estimated cost of the alteration.
F.
Such other information as the Township Engineer shall
find reasonably necessary to the determination of whether a permit
should issue hereunder.
A filing fee of as set forth in Chapter 169, Fees, shall accompany an application for a permit hereunder.
When sidewalks, curbs, cuts, driveways or streets
are to be altered simultaneously, only one permit and fee shall be
required.
The following bonds shall accompany an application
for a permit hereunder:
A.
Construction maintenance. In cases where the estimated
cost of the project shall exceed $5,000 the Township Engineer shall
require a performance and maintenance bond, 20% of which shall be
in the form of cash or certified check, to be filed with the application
for a permit hereunder in an amount equal to 1/2 of the estimated
cost of the project and conditioned that such work shall be done in
accordance with the Township's standard specifications and guaranteeing
the same for a period of three years. In any case where a permittee
hereunder shall be in default or shall fail to comply with the requirements
of this article, the Township Engineer shall order the completion
of the work by the Township and shall recover the cost from permittee
as required by law.
B.
Indemnification. The Township Engineer shall have
the authority to require an applicant hereunder to file a bond conditioned
to protect and save harmless the Township from all claims for damages
or injury to other persons by reason of such alteration work, or to
present evidence of satisfactory insurance to protect the Township's
interest.
The Township Clerk shall issue a permit hereunder
when the Township Engineer approves such issuance and finds:
A.
That the work shall be done according to the standard
specifications of the Township for public work of like character.
B.
That the operation will not unreasonably interfere
with vehicular and pedestrian traffic, the demand and necessity for
parking spaces and the means of egress to and from the property affected
and adjacent properties.
C.
That the health, welfare and safety of the public
will not be unreasonably impaired.
All operations for which a permit is granted
hereunder shall be under the direction and supervision of the Township
Engineer.
The Township Engineer is hereby designated the
enforcement officer to enforce the provisions of this article and
is the agent acting for the Township Committee of the Township of
Montville herein. However, this provision shall not be construed as
depriving members of the Police Department of the power to prosecute
violators hereof.
