[Adopted 3-8-1976; amended in its entirety by Ord. No. 1987-21 (Sec. 12-1 of the 1985 Revised
General Ordinances)]
This article shall be known and may be cited as the "Road and
Improvement Ordinance of the Township of Delaware."
The purpose of this article shall be to apply rules, regulations
and standards for the improvements required prior to the acceptance
of roads or improvements into the municipal road or utility systems
of the Township. This article shall apply to new roads or improvements
hereafter created and to existing roads, improvements or rights-of-way
presently used but not accepted into the municipal road or improvement
systems of the Township and not heretofore accepted for full municipal
maintenance.
A.
The Township Engineer must review and approve the plans for construction
of the improvements envisioned herein. Construction plans in detail
similar to those required for submission to a state agency must be
submitted in plan and profile view together with cross sections, details,
and engineering calculations sufficient for a thorough review and
adequate to be used as the plans for actual construction. Deviations
from the approved plan will not be permitted until written approval
is obtained from the Township Engineer.
B.
If the improvements to be installed hereunder are part of the requirements
of subdivision approval, then the detailed constructions plans approved
by the Planning Board and Township Engineer may be used to satisfy
the requirements of this article. The submission to the Township Engineer
must be accompanied by approval reports from any local, county, state
or federal agency having an interest in the application.
[Amended 3-8-1976 by Ord. No. 1987-21]
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DIVISION 1.
STANDARDS OF CONSTRUCTION/QUALIFICATIONS OF CONTRACTORS
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All roads and improvements shall comply with the following standards
of construction before the same are accepted into the municipal road
or improvement systems of the Township and accepted for full municipal
maintenance.
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The term "plan" as used herein shall be the road and improvement
plan approved by the Planning Board of the Township where a new road
or an improvement of an existing road or an individual improvement
is required by virtue of a subdivision, or a road or improvement plan
approved by the Township Engineer in the case of an existing road
or improvement being improved to the Township standards for the purpose
of acceptance into the Township road or improvement systems for full
municipal maintenance.
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All installations shall follow good engineering and construction
practices as currently used in the area and the standards of design
and construction of the detail drawings annexed hereto as Exhibits
A through E, inclusive,[1] and shall further follow the construction practices as
set forth in the "Standard Specifications for Road and Bridge Construction,
1983" as amended. New Jersey Department of Transportation, commonly
referred to as the "Red Book" (hereinafter referred to in this article
as the "Red Book"), unless modified herein.
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The contractor chosen by the developer/applicant must be qualified
by experience to perform the type of work required and must be prepared
to prove that he has done similar work satisfactorily in other municipalities.
The contractor shall, on request of the Township, submit a written
statement showing, as a minimum: his plan for doing the work, his
commitments for the supply of materials, the equipment he has available
to do the work and its condition, a list of past and present contracts,
and such other information and documentation as the Township may require.
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The contractor chosen by the developer/applicant must have a
full-time qualified superintendent on the project at all times when
work is being done on the improvements. The name of this superintendent
shall be furnished to the Township Engineer at the preconstruction
conference. This full-time superintendent shall be responsible for
all subcontractors.
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DIVISION 2.
EARTHWORK
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The articles of Section 200 of the Red Book must be strictly
adhered to in the work. The applicant's attention is specifically
called to the provisions for removal of unsuitable material from the
subgrade and to the need for adequate compaction of all fills.
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Subbase material is to be placed in roadway areas as required
by the Township Engineer to eliminate unstable conditions.
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The project must be kept properly drained at all times during
construction of the subgrade.
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DIVISION 3.
PAVEMENTS
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Refer to Sections 300 and 400 of the Red Book.
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Only those pavements shown on the detail drawing exhibits annexed
to this chapter shall be permitted for the work.
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If "macadam base course" or a "pre-mixed or quarry processed"
base course is permitted and to be used, it shall be constructed with
a stone spreader or stone box and at the density specified for the
project by the Township Engineer.
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All materials and mixes used must conform to current New Jersey
State Department of Transportation standards and must be from New
Jersey State Department of Transportation approved sources of supply/manufacture.
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Weather limitations imposed by Sections 300 and 400 of the Red
Book will be strictly enforced.
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Rates and temperature of application of bituminous materials
will be as specified by the Township Engineer for the project.
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Penetration macadam will require clean stone and the acceptability
of the stone to be used rests solely with the Township Engineer. Any
stone delivered to the project and determined by the Township Engineer
or his representative to be unsatisfactory shall not be unloaded and
shall be returned to the source of supply.
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All pavements, regardless of type, will be constructed at the
density required by the Township Engineer.
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Paving may not commence until approval of the subgrade has been
given by the Township Engineer.
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DIVISION 4.
BRIDGE STRUCTURES
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Refer to Section 500 of the Red Book.
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DIVISION 5.
ROAD STRUCTURES
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(including drainage)
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Underdrains shall be constructed, if and where directed by the
Township Engineer, as construction progresses.
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Only new reinforced concrete culvert pipe of the proper class
may be used.
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All materials must be from a source of supply approved by the
New Jersey State Department of Transportation and shall be so marked
where applicable.
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Backfill of pipe trenches and areas around road structures shall
be as required by Section 207 of the Red Book.
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Pipes are to be laid true to line and grade as established by
the approved plans and no curvature or departure from a perfectly
straight alignment either vertically or horizontally will be permitted.
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Manholes and inlets are to be constructed so that castings bear
evenly on all supporting walls. Cocked or unevenly supported castings
will not be permitted. Weep holes are to be provided in all storm
sewer structures unless waived by the Township Engineer. Proper channels
must be poured in all drainage structures and pipes are to be cut
off flush with structure walls.
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All curbing is to be constructed on a firm and thoroughly tamped
subgrade. No departure from true alignment and grade will be permitted.
Cracked or otherwise damaged curb will not be approved. Expansion
joints are to be placed at twenty-foot intervals and false joints
at the midpoint of each curb section. The full depth of curbing 20
inches must be provided under "depressed" driveway openings.
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Headwalls and inlets are to cast-in-place. No precast structures
are allowed.
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The type of guide rail shall be as specified on the plans and
as approved by the Township for the project. Guide rails shall be
constructed only by an experienced guide rail contractor.
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The Township Engineer is to be consulted for approval of the
design criteria for items such as storm sewer sizing and spacing and
locations of inlets.
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DIVISION 6.
ELECTRICAL WORK
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Refer to Section 700 of the Red Book.
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All utility trenches for electrical service or similar services
such as underground telephone are to be backfilled and tamped as directed
by the Township Engineer similar to trenches for other utilities,
including storm sewers. All road crossings must be made and backfilled
prior to commencement of the paving operation.
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DIVISION 7.
LANDSCAPING
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Refer to Section 800 of the Red Book.
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Trees larger than three inches in diameter shall be saved wherever
possible and shall be protected from damage. The Township Engineer
shall designate those trees which are to be saved. Fill may not be
placed around trees. Tree wells are to be provided where necessary
and trees to remain within the improvement project limits are to be
trimmed, as directed by the Township Engineer.
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Landscaping within the right-of-way or easement will be as required
by the Township.
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DIVISION 8 and 9.
MATERIALS AND TESTS
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Refer to Section 900 of the Red Book.
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This section of the Red Book is to be adhered to unless waived
for specific reason by the Township Engineer.
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DIVISION 10.
SANITARY SEWERS AND APPURTENANCES
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This is a special division which is not covered by the Red Book.
Where such regulations exist, the applicant is bound by any rules
adopted by any Township body having jurisdiction over sanitary sewers.
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Sanitary sewers are to be located, designed, and constructed
in strict accordance with the rules and regulations currently in effect
and promulgated by the New Jersey Department of Environmental Protection.
Permits required by said Department must be applied for and obtained
by the applicant. Approval of plans is also required by the Township
Engineer and Township body having jurisdiction over sanitary sewers.
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Sanitary sewers (including laterals) are to be bedded and backfilled
as required by the Township Engineer and the detail exhibit. Pipe
trenches are to be backfilled and tamped as required by Section 207
of the Red Book.
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Gravity sanitary sewer pipe must be cast or ductile iron, vitrified
clay, or asbestos cement as shown on the plans. Approved classes and
types of pipe must be appropriate for the intended installation. All
pipe is to be installed in a manner designated by the Township Engineer
to protect against shear or any type of breakage. Force mains are
to be constructed of ductile iron.
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Sewers will be tested by the applicant under the inspection
of and as directed by the Township Engineer for infiltration and must
meet infiltration standards established by the State Department of
Environmental Protection. Sewers will be initially tested upon completion
and subsequent tests will be required periodically until the sewer
improvement is accepted by the Township at the end of the maintenance
period. All defects found will be corrected immediately. Hard-to-locate
sources of infiltration or inflow may require televising at the expense
of the applicant.
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Treatment facilities, pumping stations, metering pits, force
mains, and other sanitary sewer appurtenances require approval permits
and testing, as required above for sanitary sewers.
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All gravity house laterals are to be provided with an observation/cleanout
hole at a location directed by the Township Engineer.
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It is the obligation of the applicant to arrange for the sewer
capacity he requires with the appropriate agency.
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DIVISION 11.
PUBLIC WATER AND APPURTENANCES
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This is a special section which is not covered by the Red Book.
Where such regulations exist, the applicant is bound by any rules
adopted by any Township body having jurisdiction over public water
facilities. If water is furnished within the municipality by a body
other than the municipal government itself, such permits as may be
required by that other body must be secured by the applicant and the
rules of that body are to be adhered to as well as the rules herein.
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Water facilities are to be located, designed and constructed
in strict conformance with the rules and regulations promulgated by
the New Jersey Department of Environmental Protection. Permits required
by the Department must be applied for and obtained by the applicant.
Approval of plans is also required by the Township Engineer and the
Township body, if any, having jurisdiction over public water supplies.
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Water mains and the portion of services within the road right-of-way
are to be bedded and backfilled as required by the Township Engineer
and the detail exhibit. All pipe trenches are to be backfilled and
tamped as required by Section 207 of the Red Book.
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Water pipe must be of the type and material specified by the
agency responsible for supplying and/or regulating the supply of water
within the Township.
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Fire hydrants are to be located where directed by the fire department
serving the area of the project and must be the type designated by
that fire department so as to be compatible with firefighting equipment.
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Fire hydrants and the total water supply facility for the project
must be certified by a qualified independent agency as meeting the
minimum requirements for fire flows and domestic use. With respect
to fire flows, certification is required from the Insurance Services
Office of New Jersey.
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It is the obligation of the applicant to arrange for the water
capacity he requires with the appropriate supplier and to furnish
documented proof of the supplier's ability to supply.
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DIVISION 12.
OTHER PERMITS RELATED TO IMPROVEMENT INSTALLATION
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Any of the improvements to be installed under this chapter may
require, in addition to the provisions hereof, permits for the construction
and occupancy of structures falling under the jurisdiction of the
building code and the building inspector. It is the obligation of
the applicant to ascertain the need for such additional permits and
to obtain the same for items such as, but not limited to, pump houses,
treatment facility buildings, construction offices, and warehouses.
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DIVISION 13.
ITEMS OF CONSTRUCTION NOT SPECIFICALLY MENTIONED
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Improvements necessary to the proposed project or required for
the project not specifically covered by the Red Book or by other sections
of this chapter must follow normally accepted standards for the design
and construction of those improvements currently in use in the area.
Examples of items which might fall under this category are stormwater
detention-retention devices, drainage swales, recharge wells, filter
berms, and others, without limitation. Improvements of this nature
are to be based on design criteria currently being used in the municipality
and specifics are to be approved by the Township Engineer.
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Unique or unusual engineering solutions to problems which result
in improvements under the purview of this chapter will be reviewed
on a case-to-case basis and the applicant is expected to supplement
his submission of plans with proof that the solution has functioned
satisfactorily elsewhere.
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DIVISION 14.
CONSTRUCTION OF RIGHT-OF-WAY
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In the event that a lot does not front on an existing street
or road, the following requirements shall apply:
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The developer/applicant shall be responsible for obtaining a
driveway permit from the proper authority.
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Any right-of-way to be constructed shall be per Exhibit A,[2] constructed of an eight-inch Type V, Class A base course
and a two-inch top course of road stone.
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A.
All improvements, including electric, gas, sewer, and water lines,
shall be installed under the inspection of the Township Engineer,
the costs thereof to be borne by the developer or applicant. Inspection
costs shall be based on a cost of construction estimate which shall
be submitted to the Township Engineer for review. The developer or
applicant shall deposit with the Township Clerk in cash or equivalent
an amount equal to the following amounts to defray the costs of inspection
fees, which shall be based on the cost of construction estimate:
(1)
If the total cost of the required improvement is:
(2)
Such fee, in the form of cash or certified check, shall be deposited
with the Township Clerk before the commencement of any construction.
Any unexpended portion of the inspection fee shall be returned to
the developer; or the developer shall reimburse the Township for inspection
costs which exceed the inspection fee.
(3)
For the purpose of establishing fee amounts, the applicant's
engineer shall furnish to the Township Engineer an estimate of the
cost of the improvements based on prices currently common to municipal-type
contracts in the area.
B.
Notification of Township Engineer.
(1)
At least two weeks prior to the start of construction, the applicant
shall notify the Township Engineer in writing, with a copy to the
Municipal Clerk and secretary of the Planning Board, of the date when
construction will begin, so that a preconstruction conference can
be held and inspections may be conducted by the Township Engineer.
If, during installation of any required improvements, the developer
fails to meet specification requirements or to correct unacceptable
work, the Township Engineer shall notify the developer verbally, confirmed
in writing by certified mail, return receipt requested, of the developer's
failure to comply. If within 10 days of the date of receipt of the
notice, the developer fails to perform in accordance with the Township
Engineer's directions, the Township Engineer shall notify the
Township Committee which, in turn, shall cause the issuance of a stop
order on further construction and take such remedial action as it
deems appropriate to the circumstances.
(2)
Any improvements installed and not inspected by the office of the
Township Engineer will not be accepted into the Township road or improvement
systems.
(3)
A change in contractor(s) will require a new preconstruction conference.
(4)
Where required by the Township Engineer, samples of concrete or any
other materials used in the course of construction may be taken and
tested in a Township-approved testing laboratory, with the cost of
the laboratory analysis to be paid by the developer or applicant independent
of the inspection deposit.
C.
The developer/applicant shall provide and file with the Township
one set of "as-built" improvements plans and profiles on Mylar showing
actual construction as approved, prior to the granting of final subdivision
approval and prior to the initial acceptance of the work.
D.
The Township may accept a performance guarantee for the installation
of sidewalks, monuments, and shade trees only. The performance guarantee
for these improvements shall be equal to 120% of the cost of said
improvements as estimated by the developer's/applicant's
engineer and approved by the Township Engineer. Ten percent of the
performance guarantee shall be in the form of cash or a certified
check made payable to "Township of Delaware." The cash or certified
check shall be deposited or invested by the Township Treasurer in
the manner prescribed by law for municipal funds, the principal amount
to be refunded to the developer upon satisfactory completion of such
improvements and release of said applicable performance bond, or sooner,
at the discretion of the Township. The performance guarantee shall
run for a term not to exceed 18 months from the date of approval.
With the consent of the principal, the performance guarantee may be
extended by the Township after recommendation by the Planning Board
by resolution for an additional period not exceeding 18 months. The
performance guarantee may be reduced or released in accordance with
the procedures established pursuant to the provisions of N.J.S.A.
40:55D-53.
E.
Agreement. Prior to any construction, there shall be drafted by the
applicant an agreement between the developer/applicant and the Township
incorporating all of the terms and conditions of approval imposed
by the Planning Board or Township. This agreement shall establish
a schedule of completion dates and period for completion of all improvements,
which period shall not exceed 18 months. Implicit in every preliminary
subdivision approval and part of each such agreement shall be the
agreement of the developer to:
(1)
Procure necessary drainage or other easements or rights-of-way, including
those necessary to provide for adequate sight distance and stream
encroachments.
(2)
Make such revisions in the plans as may be reasonably required before
or during construction by the Township Engineer and establish a procedure
for approval of plan changes.
(3)
Procure all local, county, state or federal permits for all phases
of the work, including, but not limited to, permits to construct and
operate sanitary sewer and public water systems.
(4)
Provide for the payment of engineering review fees in cases where
a subdivision has not been reviewed as part of the application.
(5)
Provide for instructions in the operation of all equipment within
or part of facilities to be accepted and operated by the municipality;
such instruction to be by the manufacturer/installer of the equipment;
such instruction to be supplemented with copies of all pertinent operations
manuals.
F.
Maintenance guarantee.
[Amended 12-29-2003 by Ord. No. 2003-26]
(1)
Upon completion of all improvements and prior to release of the performance
guarantee and approval of the work, the subdivider shall file a maintenance
guarantee bond amounting to 15% of the cost of all improvements, to
guarantee that the completed improvements will be maintained for a
stated period not to exceed two years. The maintenance guarantee shall
be reviewed by the Township Engineer and approved by the Township
Attorney as to form, sufficiency and execution, and approved by the
governing body. This maintenance guarantee bond shall be given at
the time the Township has certified that all the improvements have
been installed in a satisfactory and acceptable manner. In addition,
the maintenance guarantee shall cover regular maintenance, such as
curb replacement and repair, cleaning out of catch basins, and any
other matters which would be necessary to put any of the required
improvements in the condition as when certified by the Township Engineer.
The bond shall provide for a guarantee to replace, during said period,
all work performed and all materials furnished found defective and
make good any defects thereof which may become apparent before the
expiration of said period.
(2)
The Township Committee will not accept any road or improvement into
the municipal systems until the maintenance period expires or after
the deficiencies are repaired; and then only if it is in the same
condition as when certified.
G.
If the improvements are part of a subdivision, a building permit shall not be issued until the complete installation of all works, including but not limited to, sanitary sewers, water, gas, storm drains, roads, curbs, and street signs, all as specified in the plan, except those items covered by a performance guarantee as referred to in Subsection D above. Upon certification by the Township Engineer that the installation is complete, building permits shall be authorized.
The applicant and his contractors shall carry such insurance
as may be required by the Township.
