Township of Willingboro, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Willingboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parking — See Ch. 248.
Property maintenance — See Ch. 272.
Vehicles and traffic — See Ch. 356.
[Derived from Sec. 3-8 of the 2003 Revised General Ordinances]

§ 328-1 Duties of owners, occupants or tenants.

The owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Township of Willingboro shall remove all snow and ice from the abutting sidewalks of those streets or, in the case of ice which may be so frozen as to make removal impracticable, shall cause the sidewalks to be thoroughly covered with sand or ashes within 24 hours after the snow shall fall or the ice shall be formed thereon. In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is hereby required to remove all snow and ice from the portion of the sidewalks or, in the case of ice which it is impracticable to remove, cover the sidewalks with sand or ashes within 24 hours after the snow shall fall or the ice shall be formed thereon.

§ 328-2 Deposit on sidewalks or streets prohibited.

No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit snow or ice into or upon any street in the Township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to the person upon the sidewalks or streets of the Township of Willingboro.

§ 328-3 Removal by Township; costs.

In case the snow or ice shall not be removed from the sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as hereinabove provided, the snow or ice shall be removed forthwith and under the direction of the Superintendent of Public Works, and the cost of the removal as nearly as can be ascertained shall be certified by the Superintendent of Public Works to the Township Manager. The Manager shall examine the certification and, if found to be correct, shall cause the cost to be charged against the real estate so abutting or bordering upon the sidewalks, and the amount so charged shall forthwith become a lien and a tax upon the real estate or land and shall be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or any other penalty for violations of any of the provisions of this article shall not constitute any bar to the right of the Township of Willingboro to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.
[Derived from Sec. 14-1 of the 2003 Revised General Ordinances]

§ 328-4 Definitions.

For the purposes of this article, the following words, terms or phrases shall be deemed and construed to have the following meanings:
CONNECTION
The installation of a pipeline or pipelines to bring utilities of any kind into a property from a public street.
IMPROVED ROAD, CLASS A
Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete, brick or similar pavement, and any road having a concrete base.
IMPROVED ROAD, CLASS B
Any road surfaced with stone or slag uniformly deposited in layers, with a total thickness of not less than four inches, where the stone or slag has been compacted by the use of a power roller and bound together by the application of bituminous binder tar or asphaltic binder.
IMPROVED ROAD, CLASS C
Any macadam or other road surfaced with a light coat of stone or oil or any water-bound macadam road without treatment and any gravel or cinder road with oil treatment.
UNIMPROVED ROAD
Any cinder, dirt or gravel road with oil treatment and all other roads under the jurisdiction of the Township of Willingboro.

§ 328-5 Permit required; damage to road surface prohibited.

No person shall cut, dig, drill or make any hole, trench or other excavation in any road, street, alley, highway or other public way under the jurisdiction of the Township of Willingboro without first having obtained a permit therefor in the manner set forth in this article, nor shall any person mar, deface, damage, injure or destroy the surface of any road, street, alley or public way.

§ 328-6 Application for permit.

Application for a permit under this article shall be made to the Township Clerk, who shall prepare forms for that purpose. The application forms shall state the following information:
A. 
Name and address of the applicant.
B. 
Name of the street where the opening is to be made and the house number, if any.
C. 
The Tax Map block, lot and section number of the property for the service of which the opening is to be made.
D. 
Nature of the surface in which the opening is to be made.
E. 
Dimensions of the opening.
F. 
Time when the work is to be commenced and completed.

§ 328-7 Issuance of permit.

The Township Clerk shall issue permits for which applications are made in accordance with rules and regulations to be established by the Township Engineer. With respect to any application, the Township Engineer shall determine the initial time limit during which the permit shall be valid. Each permit shall be filed by the Township Clerk and shall state the identity and address of the applicant, the name of the street and location where the opening is to be made, the dimensions of the opening and the period during which the permit shall be valid.

§ 328-8 Permit fees.

Each application must be filed by the applicant, and the required fees shall be paid with the application. The fees to be paid upon filing applications are as provided in § 150-13 of the Code of the Township of Willingboro.

§ 328-9 Additional fee requirements.

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

§ 328-10 Bond in lieu of fees.

Any person may file an application with the governing body requesting permission to file a bond or to deposit cash in lieu of the fees herein prescribed. The bond or cash deposit shall be in an amount to be determined by the governing body. The bond shall be issued by a bonding company or a surety company approved by the governing body. The bond and return of the cash deposit shall be conditioned upon the restoration of the surface and foundation of any street for which an opening permit is granted in a manner acceptable to the governing body. The bond or cash deposit may be accepted to cover the number of separate applications by the same applicant as shall be determined by the governing body and shall remain in force for a period to be determined by the governing body. Upon approval of the application by the governing body and approval of the bond by the Township Solicitor as to form, sufficiency and execution, the Township Clerk is authorized to issue permits for the work so approved, without the payment of the required fees. In all cases where the bond or cash deposit is accepted in lieu of the fees, the surface and foundation of the street for which a permit is issued shall be restored at the expense of the applicant in accordance with the requirements of this article and any other applicable ordinance of the Township of Willingboro.

§ 328-11 Rules and regulations.

All permits issued under this article shall be subject to the following rules, regulations and requirements:
A. 
Every permittee shall keep each opening properly guarded and shall place sufficient lights around the opening to give adequate warning during the hours of darkness. All work done under any permit shall be done in a manner as to cause a minimum of interference with travel along the street affected. No street shall be closed to traffic unless specific permission therefor has been granted by the Director of Public Safety.
B. 
Each permittee shall, as a condition of any permit issued hereunder, save, hold and keep harmless and indemnify the Township of Willingboro, its officers, agents, servants and employees from and against any loss, damage, claim, demand or expense, specifically including all costs relating to the defense thereof, arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under the permit.
C. 
Upon application being made therefor, the Township Council may extend the time during which any permit shall be valid for any period that the Township Council shall deem 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 Township 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 the Township of Willingboro the cost of completing the work, including any and all engineering and legal fees and expenses and a fifteen-percent administrative surcharge on the total of all other expenses, which amount may be recovered by the Township of Willingboro in a court of competent jurisdiction. Any amount not paid within 60 days after the date of mailing of the demand for payment shall accrue interest at the same rate as is charged on delinquent taxes.
D. 
No work for which a permit is issued hereunder shall be conducted in 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 written permission to interfere with the main or line is obtained in advance from the Willingboro Municipal Utilities Authority. Any rock or other substance within five feet of any water main, sewer line or other pipeline which may become damaged by blasting shall be removed without blasting. No excavation which may result in damage to or destruction of any trees or shrubbery on any Willingboro Township property shall be made unless specific written permission is granted by the Township Engineer prior to the work being done.
E. 
Every permittee shall completely backfill any excavation made and shall replace as much as possible of the material excavated. The material shall be compacted by flushing, tamping or other suitable means, as directed by the Township Engineer, and any additional backfill material required shall be furnished by the permittee. In any case where the Township Engineer determines that the excavated material is unsatisfactory for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other proper material, which shall be placed in layers not exceeding three inches in depth, moistened and thoroughly compacted, as directed by the Township Engineer. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. Upon determination of the Township Engineer that any backfilled excavation has settled or caved in, the permittee shall promptly, upon receiving notice of the determination, continue backfilling as above described until the Township Engineer determines that the settlement is complete.
F. 
In the event that tunneling operations shall be required to reach the point of connection with any main line, the backfill in any tunnel shall consist of rammed cement concrete composed of a mixture of one part of cement to six parts of coarse aggregate material not inferior to cinders.

§ 328-12 Restoration of surface by Township.

In all cases where the fees required under this article are paid, the Township of Willingboro shall restore the surface of the street upon the completion of the work by the permittee in accordance with the provisions herein.

§ 328-13 Restoration of surface by permittee.

In all cases where permits are issued hereunder where 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 Township Engineer has deemed that settlement of the subsurface is complete and the area properly prepared for restoration.
B. 
All foundations shall be restored to a width of 12 inches wider than the width of the excavation and to a length of six 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 six 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 a mixture by volume of one part of portland cement, three parts of sand and five parts of gravel or stone.
E. 
All foundations and surfaces of Class A and Class B improved roads shall be restored with the same type of material and to the same depths as existed prior to the making of the excavation.
F. 
The foundations and surfaces of Class C improved roads or unimproved roads shall be made with materials and in a manner as shall be directed in each particular case by the Township Engineer.

§ 328-14 Waiver and modification of permit conditions.

In any special case, the Township Council may, by resolution, impose special conditions to which the issuance of the permit will be subject, or the Township Council may provide, by resolution, that any provision of this article be waived or modified.

§ 328-15 Violations and penalties. [1]

Any person violating the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).