Township of Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents

§ 13-1
CONSTRUCTION AND MAINTENANCE OF STREETS AND SIDEWALKS. 

§ 13-1.1
Street layout. 

§ 13-1.2
New curb or sidewalk. 

§ 13-1.3
Sidewalks. 

§ 13-1.4
Curbs. 

§ 13-1.5
Curb corners. 

§ 13-1.6
Driveways. 

§ 13-1.7
Gutters. 

§ 13-1.8
Grades: construction, curbs and sidewalks. 

§ 13-1.9
Line and grade. 

§ 13-1.10
Permit. 

§ 13-1.11
Permit fee. 

§ 13-1.12
Inspection. 

§ 13-1.13
Violations and penalties. 

§ 13-2
FIRE HYDRANTS SPECIFICATIONS. 

§ 13-2.1
Specifications. 

§ 13-2.2
Violations and penalties. 

§ 13-3
REGULATING STREET AND RIGHT-OF-WAY OPENINGS. 

§ 13-3.1
Applicability. 

§ 13-3.2
Definitions. 

§ 13-3.3
Permit required. 

§ 13-3.4
Emergencies. 

§ 13-3.5
Fees; performance bond; escrow. 

§ 13-3.6
Permit rules and regulations. 

§ 13-3.7
Restoration of surface. 

§ 13-3.8
Revocation upon noncompliance. 

§ 13-3.9
Violations and penalties. 

§ 13-3.10
Moratorium on openings. 

§ 13-3.11
Severability. 

§ 13-4
STANDARDS FOR WAIVER OF CURB AND SIDEWALK REQUIREMENTS. 

§ 13-4.1
Preamble. 

§ 13-4.2
Curbs and sidewalks required. 

§ 13-4.3
Request for waiver; standards to be considered. 

§ 13-4.4
Procedure to request waiver. 

§ 13-4.5
Township Council may provide list of exempt streets. 

§ 13-4.6
Township Council may establish list of streets on which exemption not permitted. 

§ 13-4.7
Request for waiver to accompany building permit application. 

§ 13-4.8
Signing of request for waiver. 

§ 13-4.9
Township's rights not impaired. 

§ 13-4.10
Compliance with the section required for issuance of certificate of occupancy. 

§ 13-1 CONSTRUCTION AND MAINTENANCE OF STREETS AND SIDEWALKS.

§ 13-1.1 Street layout.

§ 13-1.2 New curb or sidewalk.

§ 13-1.3 Sidewalks.

§ 13-1.4 Curbs.

§ 13-1.5 Curb corners.

§ 13-1.6 Driveways.

§ 13-1.7 Gutters.

§ 13-1.8 Grades: construction, curbs and sidewalks.

§ 13-1.9 Line and grade.

§ 13-1.10 Permit.

§ 13-1.11 Permit fee.

§ 13-1.12 Inspection.

§ 13-1.13 Violations and penalties.

§ 13-2 FIRE HYDRANTS SPECIFICATIONS.

§ 13-2.1 Specifications.

§ 13-2.2 Violations and penalties.

§ 13-3 REGULATING STREET AND RIGHT-OF-WAY OPENINGS.

§ 13-3.1 Applicability.

§ 13-3.2 Definitions.

§ 13-3.3 Permit required.

§ 13-3.4 Emergencies.

§ 13-3.5 Fees; performance bond; escrow.

§ 13-3.6 Permit rules and regulations.

§ 13-3.7 Restoration of surface.

§ 13-3.8 Revocation upon noncompliance.

§ 13-3.9 Violations and penalties.

§ 13-3.10 Moratorium on openings.

§ 13-3.11 Severability.

§ 13-4 STANDARDS FOR WAIVER OF CURB AND SIDEWALK REQUIREMENTS.

§ 13-4.1 Preamble.

§ 13-4.2 Curbs and sidewalks required.

§ 13-4.3 Request for waiver; standards to be considered.

§ 13-4.4 Procedure to request waiver.

§ 13-4.5 Township Council may provide list of exempt streets.

§ 13-4.6 Township Council may establish list of streets on which exemption not permitted.

§ 13-4.7 Request for waiver to accompany building permit application.

§ 13-4.8 Signing of request for waiver.

§ 13-4.9 Township's rights not impaired.

§ 13-4.10 Compliance with the section required for issuance of certificate of occupancy.

§ 13-1 CONSTRUCTION AND MAINTENANCE OF STREETS AND SIDEWALKS.

§ 13-1.1 Street layout.

[Ord. No. 11-3-67; 1967 Code § 65-1]
a. 

The laying of any street or public highway shall be approved as to name, location, width, lines and grade by the Township Council before any acceptance thereof as a public street of the Township.

b. 

Streets shall be brought to grade and concrete curbs shall be in place before their acceptance as Township streets.

§ 13-1.2 New curb or sidewalk.

[Ord. No. 11-3-67; 1967 Code § 65-2]

Any new curb or sidewalk constructed after the passage of this section or any present curb or sidewalk repaired to an extent of 25% of length thereof on any one property shall conform to the specifications as hereinafter provided.

§ 13-1.3 Sidewalks.

[Ord. No. 11-3-67; 1967 Code § 65-3]
a. 

The paved portion of any sidewalk, provided that the width of the street permits, shall be not less than four feet in width.

b. 

The full width of the sidewalk from fence line to curbline shall remain unobstructed unless special privilege is secured from the Township.

c. 

The grade of the sidewalks, regardless of the material of construction, shall have a uniform pitch of 1/4 of an inch to the foot toward the curbline, except where the physical conditions alter the situation, and in such case modifications must be first approved by the Township Council.

d. 

The materials for paved portion of sidewalk may be concrete, brick or flagstone, provided that the alignment, grade, construction and ingredients correspond to the provisions of this section. In all cases where the subgrade shall be a clay or spongy nature, there shall be an additional excavation to a depth of four inches below the base of the improved sidewalk, and the space filled and well tamped with sand or broken stone.

e. 

Concrete sidewalks shall be at least four inches in thickness. Concrete shall comply with the New Jersey State Highway Department Standard Specifications. Cement for concrete shall be air-entraining Portland cement, Type IA or IIA. Materials shall be proportioned to provide a 3,000 pound test concrete, twenty-eight-day strength, bit in no case shall there be less than 5.5 bags of cement per C.Y. Test samples will be taken by a testing laboratory on order from the Township Engineer. In event of failure of a sample to comply to strength requirements, additional samples may be ordered by the Engineer at the contractor's expense. Failure indicated by these additional samples will require replacement of completed curbs at the contractor's expense. The Township Engineer shall at all times have twenty-four-hour advance notice of all pours to arrange for samples.

The contractor will be required to supply affidavits for each load of transit-mix concrete, guaranteeing the contents as complying to these specifications.
Forms shall be removed in sufficient time to allow the proper finish to the concrete surface. Plastering will not be permitted. Voids showing anywhere in the concrete must be eliminated by rubbing with a carborundum stone, or in a manner satisfactory to the Engineer, or the section of sidewalk replaced at the contractor's expense.
f. 

The concrete shall be placed in the forms for the full thickness of the pavement in the one-course type and finished with a steel trowel. No topping or plastering will be permitted.

g. 

Expansion joints at least 1/4 of an inch in width shall be cut through the full thickness of the pavement every four to six feet. About every 30 feet a 1/2 inch tar filler shall be placed.

h. 

Flagstone Sidewalks. Each flagstone to be at least two inches thick and to contain not less than eight square feet, to be laid on a foundation of cinders, sand or crushed stone not less than five inches deep. Stones to be cut straight so that they fit properly against each other, and so laid as to preserve a straight line along the edges. All stones shall be placed in a rich mixture of grout in order that they may hold their alignment and grade.

i. 

Brick sidewalks. The earth shall be leveled at least five inches below the finished grade of the sidewalk, and shall be well settled by ramming. A foundation shall be laid of concrete 2 1/2 inches thick, composed of one part cement, three parts clean sand and five parts of broken stone, pebbles or slag (by volume) and brought to a good even grade. After this has set, 1/2 inch of sand shall then be laid over the surface. The bricks, not less than two inches thick of good hard quality, shall be laid upon this foundation with all interspaces filled in with a good grout mixture. The stratum of brick along each edge of the walk shall be laid on edge lengthwise or on end, forming a border, and preserving a straight line along both edges of the pavement. The concrete foundation shall extend for the full width of the pavement, including the edges.

§ 13-1.4 Curbs.

[Ord. No. 11-3-67; 1967 Code § 65-4]
a. 

All curbs, except where granite is specified by the Township Council, shall be constructed of concrete of the one-course type and of the same ingredients and mixture as provided in subsection 13-1.3e, (Sidewalks). The surface of the concrete shall have the trowel finish. The outer edge of the top of curbs shall be finished with an edging tool having a one-inch radius.

b. 

Curb forms must be removed soon enough to afford proper finishing. The face of the curbs shall be finished for at least 12 inches below the top. No topping or plastering will be permitted.

c. 

The curbs shall be of at least six inches below the top and seven inches in thickness at the base, giving a one-inch flare on the face, and shall be at least 16 inches in depth.

d. 

Expansion joints at least 1/4 inch in width shall be cut not over eight feet apart for the full width and depth of the curbs. About every 30 feet a tar filler 1/2 inch in thickness shall be fitted.

e. 

Excess concrete extending over the thickness of the curb at the top is to be removed, leaving a straight line along the inner edge of the curb.

§ 13-1.5 Curb corners.

[Ord. No. 11-3-67; 1967 Code § 65-5]

All corners shall be rounded with a fifteen-foot radius, unless otherwise ordered in writing by the Township Engineer. All curbs and sidewalks lying within the intersection of the sidelines of intersecting streets will be paid for by the Township upon certificate as to the location and measurements by the Township Engineer.

§ 13-1.6 Driveways.

[Ord. No. 11-3-67; 1967 Code § 65-6]

All driveways shall slope from the grade of the outer edge of the paved portion of the sidewalk (as shown on plates referred to in subsection 13-1.8 to the gutter.

§ 13-1.7 Gutters.

[Ord. No. 11-3-67; 1967 Code § 65-7]

Where gutters are considered necessary, they shall be laid and paid for by the Township. Determination of necessity shall be by the Township Engineer.

§ 13-1.8 Grades: construction, curbs and sidewalks.

[Ord. No. 11-3-67; 1967 Code § 65-8]
a. 

All curbs and sidewalks shall be laid at the established grade and in conformity with the place for such respective street or section thereof (the plates to be on file at the Township Clerk's office and Township Engineer's office).

b. 

The owner or owners of lands fronting or bordering on the public streets of the Township are hereby required to construct, pave, repave, curb, recurb, improve and/or repair, at his or their own proper cost and expense, the sidewalks on both sides of the public streets of the Township, in accordance with the provisions of this section; provided, however, that nothing herein shall be construed to affect any sidewalks and curbs on the streets now in good repair and constructed at the grade or slope and substantially in accordance with this section, and subject to the provisions in subsection 13-1.2 of this section.

c. 

The determination of which street and/or streets, curbs and sidewalks are to be constructed, paved, repaved, curbed, recurbed, improved and/or repaired shall be determined by resolution of the Township Council.

d. 

Upon the failure of the owner or owners of lands fronting or bordering on any public street to construct, pave, repave, curb, recurb, improve and/or repair the sidewalks within 30 days after the service of notice, pursuant to the provisions of an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Municipalities," approved March 27, 1917, and the Acts amendatory thereof and supplemental thereto and N.J.S.A. 40:65-1 et seq. and the Acts supplementary thereto and amendatory thereof, the improvements shall be done by the Township or under its direction, pursuant to the provisions of the Act of the Legislature and the New Jersey Revised Statutes, and the cost assessed against the lands affected in accordance with that statute.

§ 13-1.9 Line and grade.

[Ord. No. 11-3-67; Ord. No. 0-13-74; 1967 Code § 65-9]
a. 

Notwithstanding any other provisions of this section, where the owner or owners of lands are required to make improvements pursuant to subsection 13-1.8b, prior to putting in the permanent improvement, the owner or owners of lands shall be required to secure the approval of the Township Engineer of the proposed line and grade. The property owner shall be responsible for the Township Engineer's fee for the review and/or inspection related to the putting in of the permanent improvement.

b. 

At the request of the property owner, the line and grade may be furnished by the Township Engineer, the cost for the Township Engineer's services to be paid by the property owner.

c. 

In all cases the Township Engineer, upon notification, shall be required to submit an estimate for services required to be rendered pursuant to the provisions of this subsection. The property owner shall be required, upon receipt of that estimate for services, to post that sum with the Township Manager prior to putting in any improvement. The Township Manager shall make the payment to the Township Engineer only upon the submission of an itemized voucher for services rendered. A copy of that voucher shall be sent to the property owner. Any sum for services rendered in excess of the escrow deposit shall be paid by the property owner upon notice. If the fee for professional services rendered is less than the escrow deposit, the Township Manager shall reimburse the amount remaining to the property owner. The Township Engineer's fee shall be in accordance with that schedule of fees for professional services filed with the Township.

§ 13-1.10 Permit.

[Ord. No. 11-3-67; 1967 Code § 65-10]

Prior to the work of laying of any curb or sidewalk or the repair of any which exceeds 25% of the total length of the curb or sidewalk on any one property, a permit shall be obtained from the Township Clerk. The permit shall expire 90 days from the date of issue thereof.

§ 13-1.11 Permit fee.

[Ord. No. 11-3-67; Ord. No. 0-7-80; 1967 Code § 65-11]

There shall be paid for each permit for doing such work the sum of $10, and such permit shall state the location of the proposed work, the name of the owner and the name of the contractor; provided, however, that if the cost of the proposed work is $500 or less, there shall be no charge for obtaining the permit. No person shall do any such work without a permit as herein required.

§ 13-1.12 Inspection.

[Ord. No. 11-3-67; 1967 Code § 65-12]

All such work shall be subject to the inspection of the Township Engineer and finished to the satisfaction of the Engineer.

§ 13-1.13 Violations and penalties.

[New]

Each and every person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to the General Penalty established in Section 1-5 of this Code.

§ 13-2 FIRE HYDRANTS SPECIFICATIONS.

§ 13-2.1 Specifications.

[Ord. No. 0-7-83; 1967 Code § 29-1]
a. 

The specifications for all fire hydrants to be installed in the Township subsequent to the passage of this ordinance will be pursuant to specifications on file with the Township Clerk.

b. 

All hydrants shall have water openings 4.250 inches or greater, with two hose nipples of 2.500 inches, having 7.500 threads per inch. There shall be one four and five-hundred-thousands-inch nippled with four threads per inch, and 1.500 inches (point to flat), five-sided pentagon nuts, to include the operating nut and three caps shall be shake-fit and hydrants shall open to the left. Hydrants shall be either four feet to five feet, buried in stone, or the center of the steamer nipple shall be 18 inches to 36 inches above the crown of the roadway. All hydrants shall comply with specifications and detailed sheet prepared on April 26, 1983, by G.L. Davenport, Executive Director, Deptford Township MUA.

§ 13-2.2 Violations and penalties.

[New]

Anyone found guilty of installing a fire hydrant contrary to the aforesaid specifications will be subject to the General Penalty established in Section 1-5 of this Code.

§ 13-3 REGULATING STREET AND RIGHT-OF-WAY OPENINGS.

§ 13-3.1 Applicability.

[Ord. No. 0.10.97]

The regulations in this section shall apply to the opening of any Township street or right-of-way.

§ 13-3.2 Definitions.

[Ord. No. 0.10.97 § 1]

The words, terms or phrases listed below shall, for the purpose of this section, be defined and interpreted as follows:

CONNECTION
The installation of a pipeline or pipeline to bring utilities of any kind into property from a public street or the extension of an existence utility within a public street.
IMPROVED ROAD
Any Township road surfaced with existing asphalt, concrete, bituminous concrete, or similar pavement. Minimum standards for improved roads shall be six inches of dense graded aggregate or soil aggregate, (1-5), four inches of bituminous-stabilized-concrete base course (Mix 1-2) and two inches of FABC (Mix 1-5) surface course.
INSPECTION AND APPROVAL OFFICER
The person designated by the Manager to supervise street openings on all Township roads in the Township of Deptford.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals.
RIGHT-OF-WAY (ROW)
That portion of land as delineated on the Township Tax Maps and on property surveys which allows continuous right of passage to the Township.
UNIMPROVED ROAD
Any cinder, dirt or gravel road without concrete or bituminous concrete treatment and all other roads and rights-of-way under the jurisdictions of Deptford Township.

§ 13-3.3 Permit required.

[Ord. No. 0.10.97 § 2]

No person shall cut, dig, or drill or mark any hole, trench or other excavation in any portion of the Township right-of-way including but not limited to a road, street, alley, highway or other public way under the jurisdiction of the Township of Deptford without first having obtained a permit from the Department of Public Works in the manner set forth in this section; nor shall any person willfully or otherwise mar, deface, injure or destroy the surface of any such road, street, alley or public way.

§ 13-3.4 Emergencies.

[Ord. No. 0.10.97 § 3]
a. 

In the event of any emergency, when the Public Works Department is unavailable to receive applications for permits and to issue permits in compliance with the provisions of this section, it shall be lawful for the street to be opened to cure such an emergency; provided, however, that the appropriate permit application, accompanied by the proper fees, bonds, and deposits, is submitted and a permit received no later than at the end of the next regular business day of the Department of Public Works. Failure to do so and to procure the necessary permit will constitute a violation of this section.

b. 

The emergency hereinbefore referred to must be such as to endanger health, life or property only. Unauthorized openings shall not be permitted except as hereinabove stated, and any violation of the provision will be prosecuted as stated in this section.

§ 13-3.5 Fees; performance bond; escrow.

[Ord. No. 0.10.97 § 4]
a. 

The application fee shall be $50.

b. 

The applicant must post a performance guaranty bond in the amount of $50 per square yard of trench excavation, with the minimum performance guaranty being not less than $350.

c. 

The escrow inspection fee to be paid upon filing an application for utility openings permit for the improved roads shall be based on the following:

1. 

One hundred fifty dollars for trench areas totaling 60 square yards or less.

2. 

An amount equal to 5% of the performance guaranty as determined by paragraph b. above for trench areas greater than 60 square yards.

d. 

Where trenching is to take place outside the cartway but within the R.O.W., fees and bonding requirements will be as in paragraphs a., b. and c. above.

e. 

Where tunneling or trenchless technology is utilized in lieu of the open cut method, a bond will be posted as required in paragraph b. above, with the provision that the trench width will be based upon the open cut method. All fees will be as required in paragraphs a., b. and c. above.

f. 

No fee shall be charged for a permit to construct a curb on any street unless such construction will result in damage to the street surface. In such an event, an escrow fee shall be determined by the Inspections and Approval Officer in such amount as shall be required to pay the cost of repairing the surface of such street by Deptford Township should the permittee fail in his responsibility to repair the road surface as required. Curbing broken or removed during the installation of utilities covered under a utility opening permit shall be repaired or replaced by the permittee. The cost of the repair shall be borne by the permittee. Should the permittee fail to repair curbing broken by his activities, Deptford Township shall repair curb and assess the permittee for all costs incurred.

g. 

In the event that the Inspection and Approval Officer determines that any excavation for which a permit has been issued is of greater dimensions than those stated in the permit, or if the Inspection and Approval Officer determines that any street surface has been damaged in connection with the construction of curbs and such damage has not been repaired, then and in either case the Inspection and Approval Officer shall notify the applicant, who shall pay any additional fee and post any additional bond as required forthwith and before continuing any further work in connection with such excavation or construction.

h. 

In all cases where the forgoing bonds are posted, the permittee shall restore the surface of the street upon the completion of the work by the permittee in accordance with the provisions of this section. Upon verification of completion of the restoration of the street surface by the Inspection and Approval Officer, and a six-month maintenance period, the bond fees shall be released to the permittee. Any unused escrow fees shall be returned to the permittee.

§ 13-3.6 Permit rules and regulations.

[Ord. No. 0.10.97 § 5]

All permits issued under this section shall be subject to the following rules and regulations and requirements:

a. 

Every permittee shall keep each opening properly guarded and shall backfill and close open trench areas by the end of each workday. Restoration with bituminous stabilized base material must occur within 24 hours of opening the trench. Under no circumstances will trenches be left backfilled to grade with stone or similar material for more than 24 hours. Additional devices shall be installed by the applicant as required by the Inspection and Approval Officer. All work done under any permit shall be done in such a manner as to cause a minimum of interference with travel along the affected street. No street shall be closed to traffic unless specific permission therefor has been granted by the Inspection and Approval Officer and proper notification has been provided to the Deptford Township Police Department and all emergency service agencies.

b. 

Each permittee shall, as a condition of accepting any permit issued hereunder, save, hold and keep harmless and indemnify the Township of Deptford, its officers, and agents against any claims, demands or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under such permit.

c. 

Upon application being made therefor, the Inspection and Approval Officer may extend the time during which any permit shall be valid for such a period as the Inspection and Approval Officer deems it advisable. In the event that the work required to be done by a permittee shall not be completed within the time stated on any permit or any extension thereof, then the Inspection and Approval Officer may complete the work required to be done by the permittee and restore the surface of the street affected. The permittee shall upon demand, pay Deptford Township the cost of completing such work as the permittee is required to do under this section, and such amount may be recovered by Deptford Township in a court of competent jurisdiction.

d. 

No work for which a permit is issued hereunder shall be conducted in such a manner as to interfere with any water main or sewer line or any connection from either of the same to any building, unless specific permission to interfere with such main or line is obtained in advance from the Inspection and Approval Officer. No excavation which may result in damage to or destruction of any trees or shrubbery or any Deptford Township property shall be made unless specific permission therefor is granted by the Inspection and Approval Officer prior to the work being done.

e. 

Every permittee shall completely backfill any excavation made and replace as much as possible of the material excavated. Such material shall be compacted by rolling, tamping or other suitable means as directed by the Inspection and Approval Officer. Any additional backfill material required shall be furnished by the permittee. In any case where the Inspection and Approval Officer determines that the excavation material is unsatisfactory for backfill, the permittee shall backfill the excavation with sand, gravel or other approved material, which shall be placed in layers not exceeding six inches in depth, moistened and thoroughly compacted as directed by the Inspection and Approval Officer as to achieve minimum 95% modified proctor density. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. Upon determination of the Inspection and Approval Officer that any backfilled excavation has settled or caved in, the permittee shall promptly upon notice of such determination continue backfilling as above described until the Inspection and Approval Officer determines that the settlement is complete.

f. 

In the event that tunneling operations shall be required to reach a point of connection with any main line, the backfill in any such tunnel shall consist of rammed cement concrete or flowable fill material.

§ 13-3.7 Restoration of surface.

[Ord. No. 0.10.97 § 6]

In all cases where permits are issued hereunder wherein the permittee is to restore the surface of the street, the following rules, regulations and requirements shall apply:

a. 

No permittee shall commence the restoration of any street foundation or surface until the Inspection and Approval Officer deemed that the settlement of the subsurface is complete and the area properly prepared for restoration.

b. 

All sub bases and base courses shall be restored to a width of 12 inches wider than the width of the excavation and to a length of 12 inches longer than the length of the excavation.

c. 

The street surface shall be restored to a width of 12 inches wider than the width of the restored foundation and to a length of 12 inches longer than the length of the restored foundation.

d. 

When any foundation is restored by the use of cement concrete, the same shall consist of 3,000 psi concrete in accordance with NJDOT.

e. 

All foundations and surfaces of improved roads shall be restored to their original thickness, width and grade with the same type of material as existed prior to the making of the excavation. Care should be taken to reconstruct the trench areas so as to recreate or improve upon the road cross section. In no case, however shall restoration be completed with less than the following materials and thickness:

1. 

Six inches compacted dense graded aggregate or soil aggregate, I-5.

2. 

Four inches bituminous stabilized base course, Mix I-2 constructed in layers not more than two inches compacted thickness.

3. 

Two inches FABC Mix I-5 surface course applied and tack coated to existing edge of pavement.

4. 

A hot sealer shall be applied to all joints where new and old bituminous material meet.

f. 

The foundations and surfaces of improved roads shall be made with the materials as specified herein or as directed by the Inspection and Approval Officer.

g. 

Restoration work must be completed within 45 days of the original approval of the utility opening permit and application.

§ 13-3.8 Revocation upon noncompliance.

[Ord. No. 0.10.97 § 7]

The Township Manager may revoke any permit for noncompliance with any provision of this section. In any special case, the Township Council may by resolution impose special conditions to which issuance of the permit will be subject, or the Township Council may in any such case deem by resolution that any provision of this section shall not apply or shall be altered.

§ 13-3.9 Violations and penalties.

[Ord. No. 0.10.97 § 8]

Any person who shall violate any provision of this section shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment not exceeding 90 days, or both.

§ 13-3.10 Moratorium on openings.

[Ord. No. 0.10.97 § 9]

No permits shall be granted on a newly improved Township road for period of five years except in cases of emergency. Emergencies shall include utility repairs and any other emergency certified by the Township Manager and the Township Engineer or Public Works Director.

§ 13-3.11 Severability.

[Ord. No. 0.10.97 § 10]

If any section, subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not effect the remaining portions of this section, which shall remain valid and in effect irrespective of such decision affecting any part thereof.

§ 13-4 STANDARDS FOR WAIVER OF CURB AND SIDEWALK REQUIREMENTS.

§ 13-4.1 Preamble.

[Ord. No. 0-4-89, Preamble]

Section 13-1 of the Code of the Township of Deptford mandates the installation of curbs and sidewalks within the Township, and the Township Council recognizes the rural character of the Township, and believes that the Township Council should be vested with discretion to waive curb and sidewalk requirements given certain circumstances. The Township Council has provided standards to be considered when reviewing a request for waiver or curbs and sidewalks.

§ 13-4.2 Curbs and sidewalks required.

[Ord. No. 0-4-89 § 1]

Except as otherwise set forth herein, curbs and sidewalks shall be required by the Township in all instances where a building permit is required and the proposed buildings/structures front public streets.

§ 13-4.3 Request for waiver; standards to be considered.

[Ord. No. 0-4-89 § 2]

The Township Council, upon request made by the applicant, may waive the requirement to install curbs and/or sidewalks. In making a determination to waive curbs and/or sidewalks with regard to a particular application the Township Council shall consider the following:

a. 

The existence of curbs and/or sidewalks in front of existing properties on the street in which the subject property fronts.

b. 

The existence of curbs and/or sidewalks along streets in the immediate vicinity of the subject street.

c. 

The character and nature of the community for the ability to connect curbs and sidewalks on the subject site to curbs and sidewalks on the remaining portion of the street.

d. 

The effect that the installation of curbing will have on the drainage on the subject street.

e. 

The plans of the Township to construct or reconstruct the road immediately adjacent to the intended curb and sidewalk.

f. 

The existence of vacant land on the subject street, and the likelihood that such vacant land will be developed in the future.

g. 

The existence of the lot frontage on two or more streets with one or more of the streets being unimproved and its improvement is not contemplated by the Township.

h. 

Whether the width of the municipality right-of-way is insufficient to contain curbs and/or sidewalks.

i. 

Whether construction of curb or sidewalk is impractical by virtue of existing road profiles being excessively higher or lower than proposed road profiles such that the improvements would be buried or elevated, requiring extraordinary construction.

j. 

The commendation made by the Township Engineer which shall consider and evaluate the above items.

§ 13-4.4 Procedure to request waiver.

[Ord. No. 0-4-89 § 3]
a. 

Applicant shall submit a request for waiver of curb and/or sidewalk to the Construction Code Official on forms prepared by such official. In addition to completing the forms the applicant shall submit 10 copies of a sketch plat or plan which contains the following:

1. 

A designation of all lots located on either side of the entire street which also shows lot frontage distance on the street for each lot. The applicant may utilize the Township Tax Map to determine these distances.

2. 

A designation of curb and/or sidewalk locations for each lot on the subject street.

b. 

No application shall be deemed complete until the "PLAN" as designated above is submitted as provided herein.

§ 13-4.5 Township Council may provide list of exempt streets.

[Ord. No. 0-4-89 § 4]

The Township Council may, by Resolution, adopt a list of streets in which curbs and/or sidewalks need not be installed. In the event that such a list is adopted, the streets shall be deemed exempt from the installation of curbs and/or sidewalks and no additional waiver shall be required.

§ 13-4.6 Township Council may establish list of streets on which exemption not permitted.

[Ord. No. 0-4-89 § 5]

The Township Council, by Resolution may also adopt a list of streets in which applications for waivers will not be accepted by the Construction Code Official or heard by the Township Council.

§ 13-4.7 Request for waiver to accompany building permit application.

[Ord. No. 0-4-89 § 6]

Request for curb and sidewalk waivers shall be requested in writing at the time application for a building permit is made. A fee of $100 shall accompany such a waiver.

§ 13-4.8 Signing of request for waiver.

[Ord. No. 0-4-89 § 7]

All requests for curb and/or sidewalk waivers shall be signed by the owner(s) of the property.

§ 13-4.9 Township's rights not impaired.

[Ord. No. 0-4-89 § 8]

This section shall not be construed to prohibit or impede the right of the Township to install curbs and/or sidewalks on roads within the Township and, thereafter, collect monies from benefited property owners by special assessment as provided by law.

§ 13-4.10 Compliance with the section required for issuance of certificate of occupancy.

[Ord. No. 0-4-89 § 10]

No Certificate of Occupancy shall be issued unless this section has been complied with.