Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mendham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 258.
[Adopted by Ord. No. 1-1993 (Ch. XXIX of the 1998 Revised General Ordinances)]
A. 
Purpose. The purpose of this article shall be to provide rules and standards for:
(1) 
Construction, upgrading, repair, removal, alteration or replacement of any Township road or improvement or utility system within any existing street belonging to the Township of Mendham.
(2) 
Construction of roads or improvement of utility systems, in connection with any subdivision or site plan approval.
(3) 
Construction or alteration of driveways servicing individual lots along any Township street.
B. 
Definitions. As used in this article, the following terms shall have the meaning indicated:
PERSON
Any resident, owner, contractor, government entity and/or public or private utility company.
SIDEWALK PAVEMENT
The surface installed or created for pedestrian use within a street right-of-way, whether such surface is of concrete, macadam, stone, gravel, flagstone, slate, brick or other materials.
STREET
All of the right-of-way of any street, public thoroughfare, road, highway, lane, alley or any part thereof shown upon the Tax Map of the Township of Mendham and lying within the boundaries of the Township, except a road under state or county jurisdiction, a road designated as a private road on any subdivision plat approved by the Township Planning Board or a road dedicated as a Township street but not yet accepted by the Township by ordinance.
STREET PAVEMENT
The surface installed or created for the purposes of vehicular travel, whether such surface is concrete, macadam, stone, gravel, dirt or other material and shall include adjacent street shoulders and/or curbing.
C. 
Prohibited activities. No person shall cause or permit:
(1) 
Any earth, soil, stone, rock, dirt, mud, wastes, debris or other material of any kind to be placed, spilled, dropped, thrown, scattered, blown, tracked, washed by water or otherwise deposited upon any street or sidewalk unless such material shall be removed as soon as reasonably practicable in a manner that will leave the street or sidewalk in an unobstructed, safe and clean condition;
(2) 
Any water to flow upon any street pavement or sidewalk pavement or discharged onto the edge of pavement or curbline in a manner that can cause a slick or wet or dangerous surface for vehicles and/or pedestrians;
(3) 
Any damage to any tree or planting within any street; provided, however, that trimming and pruning of trees by property owners shall not be prohibited;
(4) 
Any bulldozer, grader, street roller, backhoe or other equipment having metal cleated treads to be operated upon, across or along the surface of any street pavement or sidewalk pavement;
(5) 
Any bulldozer, grader, street roller, backhoe or other equipment to be operated upon, across or along any street pavement, unless adequate means are used to prevent damage to such pavement or curbing;
(6) 
Any culvert, gutter, storm drain or catch-basin to be blocked, obstructed or interfered with in any manner.
A. 
Required approvals.
(1) 
A road opening permit shall be required by any person who performs any of the following within any existing street, street pavement or sidewalk pavement within the Township:
(a) 
Makes any opening or excavation in, or disturbs the surface of any street, including but not limited to any street pavement and any sidewalk pavement.
(b) 
Installation, construction, repair, removal, replacement or alteration to any electric, water, telephone, gas, cable TV or other utility line or conduit or service connections to such utility lines.
(c) 
Installation, construction, repair, removal, alteration, replacement or connection of any sanitary or storm sewer system, culvert, catch basin, manhole or piping.
(d) 
Installation, construction, repair, replacement, removal or alteration of concrete or granite block curbing or sidewalk, or any part thereof and other than that associated with a driveway where a driveway permit is required.
(e) 
The erection, placement or maintenance of any barricade, barrier, wire, cable or other object in, upon, along or above any street.
(2) 
Any person desiring a road opening permit shall file a written application, in triplicate, with the Department of Public Works stating the name and address of the applicant, the name of the person to perform the work, a general description of the proposed work, the proposed date of the opening, the length of time for which a permit is desired, the road or the part of the road to be opened, the location where the opening is to take place, the size of the opening and the purpose thereof.
(3) 
Application for road opening shall be classified by the Superintendent of Public Works as either major or minor road openings. Major road openings shall include the following:
(a) 
Utility openings exceeding 500 square feet in trench area.
(b) 
Curbing or sidewalk work exceeding 100 linear feet.
(4) 
Major road openings are subject to submission of a performance guarantee to assure all work is performed in accordance with this article. All openings not classified as major shall be deemed minor road openings.
(5) 
Applications for minor road openings shall be accompanied by a dimensioned sketch sufficient to show the nature and extent of the proposed work. Applications for major road openings shall be accompanied by three sets of plans prepared by a licensed professional engineer showing the extent of proposed work with appropriate engineering details, traffic control measures and a construction cost estimate of work proposed.
B. 
Exempt activities. This article shall not apply to the installation or maintenance of overhead electric, telephone or other wires, cables or poles by public utility companies or cable television companies. This article shall not apply to work within a street solely for the purpose of maintaining the earth surface, provided that no street pavement or sidewalk pavement is in any way disturbed. This article shall not apply to any connection with a sewer system, provided that installation or maintenance thereof can be accomplished without the opening, excavation or disturbance of any street pavement or sidewalk pavement.
C. 
Fees.
(1) 
Application for permits described under this article shall be subject to the fees provided in Chapter 160, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
No state, county, municipality, other governmental entity or public utility company shall be exempt from the payment of fees under this article unless specifically authorized by the Township Committee.
D. 
Performance and maintenance guarantees; certificate of insurance; indemnification.
(1) 
Evidence of insurance.
(a) 
Every person to whom a road opening permit is issued pursuant to this article shall, prior to issuance, file with the Township Clerk showing that any contractor or subcontractor performing work for which the permit is issued will be insured during the performance of the work in the following minimum amounts:
[1] 
Public personal injury liability: $500,000 to any one person; $1,000,000 to any number of persons in any one occurrence.
[2] 
Property damage liability: $500,000 for one accident; $1,000,000 for all accidents.
[3] 
Automotive vehicle liability: $500,000 to any number of persons in any one occurrence.
[4] 
Employers' liability: $500,000 per occurrence.
[5] 
Workers' compensation: as required by law.
(b) 
Every certificate of insurance shall contain a provision for 30 days prior notice to the Township in the event of change or cancellation.
(c) 
Notwithstanding the foregoing, no certificate(s) of insurance shall be required to be furnished when the applicant for the permit is a state, county, municipality, other governmental entity or public utility company and the work is to be performed by regular employees of the applicant.
(2) 
Indemnification.
(a) 
Every applicant shall agree to indemnify and save harmless the Township, the Township Engineer and all other Township officers, employees and agents against and from any and all liabilities, damages and judgments arising from injuries to persons or damages to property by any action or omission of the applicant or the applicant's contractors, subcontractors, agents or employees in any way related to the performance of work for which a road opening permit was issued pursuant to this article, including any and all expenses, legal or otherwise, which may be incurred by the Township, the Township Engineer or any other Township officer, employee or agent in the defense of any claim, suit or settlement. The extent of the obligations of the applicant under this indemnification agreement shall not be limited by the amount of insurance specified in Subsection D(1).
(b) 
A statement of the foregoing indemnification agreement shall be printed on the application form for a road opening permit and shall become a term and condition of any permit that is issued.
(3) 
Performance and maintenance guarantees.
(a) 
Every person to whom a road opening permit is issued pursuant to this article shall, prior to issuance, file with the Township Clerk a performance guarantee sufficient in amount to cover the cost as estimated by the Township Engineer of all materials and labor required to complete the work for which the permit is issued and assuring the proper completion of all work by the date specified in the permit.
(b) 
The performance guarantee shall also provide for the furnishing of a maintenance guarantee for the maintenance of all replacement pavement for a period of one year following the installation of such pavement and approval of the installation by the Township Engineer as required by Subsection G. The maintenance guarantee shall be in an amount not less than 15% of the amount of the performance guarantee.
(c) 
The performance and maintenance guarantees shall be approved by the Township Attorney as to form, sufficiency and execution. At least 10% of every performance and maintenance guarantee shall be in cash.
(d) 
Notwithstanding the foregoing, no performance or maintenance guarantee shall be required to be furnished when the applicant for the permit is a state, county, municipality, other governmental entity or public utility company and the work is to be performed by regular employees of the applicant.
E. 
Emergency openings. Notwithstanding the provisions of this section, any person may open up any Township road to repair any utility or service connection, provided it is an emergency, and any delay in obtaining the required permit would result in endangering the health and general welfare of the citizens of the community; provided, however, that a permit as required herein is obtained by the person on the next following day that the offices of the Township are open for business and that all other applicable provisions of this article are complied with.
F. 
Issuance of permit.
(1) 
Road opening permits.
(a) 
All applications for minor road openings shall be reviewed by the Department of Public Works, and upon approval, a road opening permit shall be issued by the Township Public Works Director.
(b) 
For applications for major road openings, the application package for road opening permit consisting of the application form, engineering plans, application fee, certificate of insurance and performance guarantee, shall be reviewed by the Department of Public Works, Mendham Township Police Department and the Township Engineer. Upon approval, a road opening permit shall be issued by the Township Public Works Director.
(2) 
The application and approved plans shall be incorporated in and constitute a part of the permit. The permit shall state the date by which the work covered by the permit shall be completed.
(3) 
The permit shall not carry any right to make any connection with any non-municipality-owned pipelines, cable or other facilities in any street. Permission to make any such connection must be obtained separately from the owner of the facility.
G. 
Conduct of work.
(1) 
General. Pavement opening, excavation, back filling, installation of temporary pavement and/or permanent pavement shall be done in accordance with Standard Details, Township of Mendham, which drawings are incorporated in and made a part of this section.[2] The final pavement wearing course shall not be applied until the trench and pavement base course have been inspected and approved by the Township. The final pavement shall be completed within 30 days after placement of the temporary pavement, unless otherwise approved by the Superintendent of Public Works.
[2]
Editor's Note: The Standard Details referred to herein may be found on file in the office of the Township Engineer.
(2) 
Interruption of services. Whenever the work under any permit requires that water, gas or other public utilities be interrupted, the person to whom the permit has been issued shall notify affected users of the periods of time when the respective services will not be available. Such notices shall be delivered in writing at least 24 hours prior to the interruption of service. In addition, prior to the opening of any road, the contractor shall call the Utility Hot Line, 800-272-1000, at least 72 hours before work is scheduled to begin.
(3) 
Traffic protection. Every person to whom a permit has been issued shall be responsible for protecting both vehicular and pedestrian traffic from accident or injury. Such person shall provide suitable barriers, notices, caution signs and nighttime flashing lights. Any special directions of the Township Engineer, Superintendent of Public Works, or the Chief of Police shall be complied with. All signs and signals shall be in accordance with the provisions of Title 39 of the New Jersey Statutes and rules and regulations promulgated thereunder. Unless otherwise approved by the Township Engineer, Chief of Police, or Superintendent of Public Works, where an excavation is to extend the full width of a street, only 1/2 of the excavation shall be made at one time and shall be properly backfilled before the other half is excavated, in order to allow vehicular travel on the street during the work.
(4) 
Trees, shrubs, fences and other improvements. Every person to whom a permit has been issued shall be responsible for arranging with adjacent property owners for the removal and replacement of trees, shrubs, fences, mailboxes and any other improvements within the street or on private property which are affected by the work. The Township Engineer and Township of Mendham Tree Protection Committee must approve any removal and relocation of shade trees within a street.
(5) 
Storage of materials. No materials shall be stored upon any street in a manner which interferes with traffic or the flow of water along gutters or at any location which creates a traffic hazard.
(6) 
Hours of work. Except in cases of emergency and where otherwise allowed for good cause, no work shall be started before 8:00 a.m. and all equipment and materials must be removed from the pavement and the pavement swept clean by 4:30 p.m. No work shall be conducted on Saturdays, Sundays, holidays or when a street is snow- or ice-covered.
(7) 
Inspection of work. The Department of Public Works or the Township Engineer may inspect the work at any or all times to determine compliance with the approved application and permit and shall be allowed access to all parts of the work upon request.
(8) 
Maintenance. Every person to whom a permit has been issued is responsible for the maintenance of all replacement pavement for a period of one year following the installation and approval of the pavement. Maintenance shall include the repair, reconstruction and replacement of any pavement which is necessitated by reason of faulty materials or workmanship, settlement or the effects of the forces of nature. Maintenance shall be deemed to have been satisfactorily performed when inspected and approved by the Township.
(9) 
The application of calcium chloride for dust control is not permitted.
(10) 
Unless specifically allowed by the Township Committee or Planning Board, any sidewalk, driveway apron or curb which is removed shall be promptly replaced in accordance with this article.
(11) 
Unless otherwise approved by the Superintendent of the Public Works, the opening of any municipal street will be prohibited for a period of three years after the street has been resurfaced with bituminous overlay. Prior to the overlay work, the Township will notify respective utility companies of the intent to repave the street in order to allow the utility companies to perform any necessary utility work.
(12) 
Enforcement. The Department of Public Works is hereby designated as the office to enforce the provisions of this section. This provision shall not, however, be construed as depriving the members of the Township Police Department of the power and authority to prosecute violations of this § 301-2.
A. 
Required approvals. Any new street, street pavement, street sidewalk pavement or utility system to be created by developers in conjunction with any subdivision or site plan shall be the subject of design review and shall receive preliminary approval from the Township of Mendham Planning Board or Board of Adjustment and in accordance with Chapter XVI, Subdivision and Site Plan Review.[1]
[1]
Editor's Note: Said chapter is not included in this volume.
B. 
Upon receipt of preliminary approval and prior to the start of any construction of such improvements, the developers shall submit to the Township of Mendham the following:
(1) 
Five copies of the Improvement and Utility Plans in accordance with § 301-4B for approval by the Township Engineer.
(2) 
Inspection fees in accordance with Subsection 13-15.[2]
[2]
Editor's Note: Such reference is to Ch. XIII, Land Use Procedures and Fees.
(3) 
Three copies of all permits and approvals required for construction of improvements in accordance with conditions of preliminary approval.
(4) 
Executed copy of a developer's agreement in accordance with conditions of preliminary approval.
(5) 
Performance guarantees or bonds in accordance with conditions of preliminary approval.
(6) 
Appropriate utility excavation "cut" sheets showing elevations of existing grade and proposed elevations of utility piping to be constructed.
C. 
Upon review and approval by the Township of Mendham, a notice to proceed shall be issued.
A. 
Acceptance of streets.
(1) 
No street or road shall be accepted by the Township unless the street or road has been constructed in accordance with the specifications hereinafter set forth.
(2) 
The following are prerequisites to the acceptance of any street or road by the Township:
(a) 
All road improvements shall be inspected and approved by the Township Engineer and Superintendent of Public Works to assure conformance with Township specifications and proper workmanship.
(b) 
New roads shall be subject to a deed of conveyance, and affidavit of title approved by the Township Attorney, conveying the fee of the street or road to the Township, and containing a legal description of the street or road, acceptable to the Township Engineer.
(c) 
A maintenance guarantee in the amount of 15% of the cost of construction of the road or street to assure the cost of maintenance of the road or street for a period of two years from the date of acceptance.
B. 
Improvement and utility plans. Prior to the commencement of construction of any street within the Township for use by the public, five sets of Comprehensive Plans for the street and any related improvements shall be submitted for review and approval by the Township Engineer. Such plans shall be prepared by and bear the official seal of a professional engineer licensed to practice in the State of New Jersey. The plans shall conform with the following:
(1) 
Drawings shall be on standard 24 inches by 36 inches sheets, and shall be collated and bound.
(2) 
Such map shall show the outline of the entire property or section of same to be developed, locations and widths of proposed street and locations and widths of existing connecting streets.
(3) 
Road plan and profiles with the plan view at the top of the sheet and its corresponding profile directly below it. All plan and profile data shall be based on actual field survey.
(a) 
Plan views shall include:
[1] 
Horizontal scale not less than one inch to 50 feet.
[2] 
Stationing at fifty-foot intervals.
[3] 
Points of curvature and tangency.
[4] 
Complete curve data.
[5] 
Elevation bench marks.
[6] 
All existing and proposed pavements, sidewalks, curbs, drainage facilities, sanitary sewers, utilities, rights-of-way lines, easements, slopes and all other facilities or structures to be constructed.
[7] 
Street center line data shall be shown on the plan and shall include all bearing and distances, curve data and all other related information.
(b) 
Profile views shall include:
[1] 
Vertical scale of one inch to five feet and a horizontal scale equal to the plan scale.
[2] 
Existing and proposed center line profile.
[3] 
Existing and proposed elevations at fifty-foot stationing intervals and beginning and end of all vertical curves.
[4] 
Complete vertical curve data.
[5] 
Existing and proposed drainage facilities, utilities, sanitary sewers and all other facilities or structures to be constructed, including proposed and existing invert elevations.
(4) 
Cross-sections shall be shown at fifty-foot station intervals drawn to a scale of one inch to five feet. The section shall show a minimum of 10 feet outside the excavated or filled width but not less than the width of the right-of-way. Each section shall show the existing surface based on an actual field cross section survey, the proposed excavation and fill, limits of clearing, and the amount of cut and fill in square feet or square yards. The total quantity of excavation and the total quantity of fill shall also be shown on the plans.
(5) 
Elevation datum shall be U.S. Coast and Geodetic Survey, Sea Level Datum, and shall be indicated as such on the plans.
(6) 
Typical engineering details shall be included on the plans for all construction elements and facilities. Unless otherwise approved by the Township Engineer, all details shall conform to the Township of Mendham Standard Construction Details.
(7) 
Where deemed necessary, the Township Engineer may require test pits or test borings. The soil logs shall be shown on the profile drawings. Test pit and boring locations shall be shown on the plans.
(8) 
A plan of each street intersection shall be shown at a horizontal scale of one inch to 10 feet. Adequate attention shall be given to drainage. Elevation contours of the pavement shall be shown at one-tenth-foot intervals where the slope does not exceed 6%, and two-tenths-foot intervals where the slope is greater than 6%. The plans shall include all curblines, or in the absence of curbs, pavement edge lines, showing elevations at five-foot to ten-foot horizontal intervals.
(9) 
The proposed road pattern, or layout, shall be superimposed on a copy of the Soil Survey Map of Mendham Township prepared by the Soil Conservation Service of the U.S. Department of Agriculture. The map shall be submitted with the plans.
(10) 
Drainage computations shall be submitted in duplicate for review and approval by the Township Engineer. The form of such computations shall conform to the requirements of the Township Engineer and Subsection 16-10.2u.[1] Such computations shall be neatly organized and shall include a topographic map showing:
(a) 
Drainage area boundaries.
(b) 
Soil boundaries as shown on the Soil Survey Map and as modified by test pits or boring where required.
(c) 
Land use or culture boundaries.
[1]
Editor's Note: Such reference is to Ch. XVI, Subdivision and Site Plan Review, which is not included in this volume.
(11) 
Plans and profiles shall be shown of all drainage facilities and sanitary sewers to be constructed in easements and shall conform with the requirements of Subsection B(3) of this section. The location of the proposed facilities with respect to the easement boundaries shall be shown.
(12) 
Whenever feasible, plans shall show the locations of all proposed driveways and curb openings.
(13) 
The location of all existing and proposed water lines, fire hydrants or fire protections systems shall be shown on the plans. The locations of all proposed fire hydrants shall be approved by the Township of Mendham Fire Department.
(14) 
The plans shall show the existing and proposed locations and depth of all gas, electric, telephone and cable TV utilities. All proposed utilities shall be constructed in accordance with Subsection 16-8.4i.[2]
[2]
Editor's Note: Such reference is to Ch. XVI, Subdivision and Site Plan Review, which is not included in this volume.
(15) 
The location of all borrow areas, spoil disposal area and areas for stockpiling earth or topsoil shall be shown on the plans.
(16) 
A copy of all plans and grade sheets shall be kept on the job site at all times when construction is in progress.
(17) 
A site triangle easement shall be provided at all intersections which shall extend for a minimum distance of 125 feet in each direction along the side line of the intersected street and 30 feet along the side lines of the intersecting street.
(18) 
The approval of any plan shall not be construed as acceptance of any street by the Township; nor shall any approval obligate the Township to accept, maintain, or exercise jurisdiction over any street.
C. 
Right-of-way and construction of improvements.
(1) 
Streets shall have a right-of-way width as required and specified in Subsection 16-10.2d.[3] Public street pavement widths shall be as specified in Subsection 16-10.2t. Grass walkways six feet wide shall be provided adjacent to each side of the pavement of all streets, unless the requirement is modified or waived by the Planning Board. Sidewalks shall be constructed when required by the Planning Board upon subdivision approval.
[3]
Editor's Note: Such reference is to Ch. XVI, Subdivision and Site Plan Review, which is not included in this volume.
(2) 
Drainage and/or utility easements shall have a minimum width of 20 feet. The Township Engineer may require a greater width whenever necessary and appropriate by reason of the nature of the facilities within the easement.
D. 
Design standards; general. The following standards shall be observed:
(1) 
Design shall conform to the provisions set forth in Section 16-10,[4] and as specified herein and shall be as approved by the Township Engineer.
[4]
Editor's Note: Such reference is to Ch. XVI, Subdivision and Site Plan Review, which is not included in this volume.
(2) 
All design shall be in accordance with generally accepted engineering methods and standards. Unless otherwise specified herein, design shall be in accordance with guidelines established in the most recent editions of the following standards:
(a) 
"Standard Specifications for Road and Bridge Construction," New Jersey Department of Transportation (hereinafter referred to as "Standard Specification").
(b) 
"Standard Specifications for Highway Bridges," American Association of State Highway and Transportation Officials (AASHTO).
(c) 
"A Policy on Geometric Design of Rural Highways," American Association of State Highway and Transportation Officials (AASHTO).
(3) 
Grades of arterial and collector streets shall not exceed 6%.
(a) 
Grades on other streets shall not exceed 10%. Street grades may exceed those as indicated above where topographic conditions suggest that a steeper grade is in the best interest of the public and such steeper grades have been reviewed and approved by the Planning Board.
(b) 
Streets shall generally have a minimum grade of 1%. Lesser grades may be utilized as approved and/or directed by the Township Engineer. However, no street shall have a minimum grade less than 0.5%.
(4) 
The following minimum standards shall be required for all streets other than county or state roads constructed in the Township.
(a) 
Horizontal alignment. Streets having horizontal curves shall conform to a standard engineering practice designed with a minimum center line radius of 280 feet for minor streets, 500 feet for collector streets and 600 feet for arterial streets.
(b) 
Vertical alignment.
[1] 
All changes in road grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance designed to the following standard as a minimum.
[2] 
The length (L), in feet, of a vertical curve shall be related to the algebraic difference in the percent of grade (A) and a constant (K) according to the following formula:
L = KA
The minimum "K" values shall be as follows:
Street Class
Design Speed
Crest Curve
Sag Curve
Arterial/collector
50
85
75
Minor
30
28
35
(5) 
Drainage facilities.
(a) 
All streets shall be designed to accommodate storm drainage along streets, including the installation of drainage inlets and piping systems in accordance with Subsection I of this section.
(b) 
No water shall be diverted so as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.
(6) 
The quantity of excavation and quantity of fill for all construction activities shall be balanced to allow for no soil importation or exportation unless otherwise approved by the Planning Board or the Township Engineer where such balance is not feasible. Should the importation or exportation of fill material become necessary, the Planning Board or Township Engineer may apply specific additional requirements in order to guard against adverse effects of such operations. All soil exportation activities shall be in accordance with Chapter XX, Soil Extraction Regulations.[5]
[5]
Editor's Note: Said chapter is not included in this volume.
E. 
Inspection.
(1) 
All work shall be inspected throughout the course of construction by the Township Engineer or his duly authorized agent.
(2) 
The contractor shall maintain daily contact with the Township Engineer to assure that workmanship and working techniques are in accordance with specified standards and all work is done in accordance with lines and grades as established by approved plans. In addition, the following mandatory inspections are required:[6]
(a) 
Limits of clearing and excavation and marking and protection of trees in accordance with the Land Use Ordinance.
(b) 
Prior to the commencement of any grading or construction, a licensed professional engineer or land surveyor shall provide construction stakes for alignment and grade. Grade sheets shall be submitted to the Township Engineer at least 48 hours prior to the start of work. Grade sheets shall show stake and construction elevations at specific stations and cut or fill at each location.
(c) 
Installation of all underground utility piping and appurtenances.
(d) 
Curb forms.
(e) 
Road subgrade prior to stone placement.
(f) 
Road grade prior to placement of bituminous stabilized base course.
(g) 
Road grade prior to placement of final bituminous surface course.
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Clearing and grubbing.
(1) 
The street right-of-way shall be cleared and grubbed to the width required for construction. Clearing and grubbing shall extend to a distance of five feet beyond the top of excavated slopes and to the bottom of fill slopes. There shall be no clearing of areas not required for construction, nor shall clearing extend beyond the limits described above. The Township Engineer may order that certain trees be removed or that certain trees not be removed. All tree removal shall be done in accordance with the Land Use Ordinance.
(2) 
The designated area shall be cleared and grubbed of all trees, brush, roots, stumps, structures and debris. Trees to remain and to be protected shall be surrounded with a four-foot-high fence at a radius of 10 feet for each one foot of tree diameter.
(3) 
Easements shall be cleared and grubbed to only the extent required for construction as approved by the Township Engineer.
(4) 
The limits of clearing and grubbing shall be staked or otherwise marked in the field. No clearing and grubbing work shall commence until the area has been inspected by the Township Engineer.
(5) 
The burying of roots, stumps, trees, brush or debris is prohibited in the Township of Mendham.
G. 
Topsoil.
(1) 
All topsoil shall be removed from the construction areas and shall be stockpiled at nearby locations for future placement.
(2) 
Topsoil stockpiles shall be protected from erosion in accordance with Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention.[7]
[7]
Editor's Note: Said chapter is not included in this volume.
(3) 
No topsoil shall be removed from any site except as specifically approved by the Planning Board or Township Committee.
(4) 
Soil removal shall be done in accordance with Chapter XX, Soil Extraction Regulations.[8]
[8]
Editor's Note: Said chapter is not included in this volume.
H. 
Excavation and fill.
(1) 
Excavation and fill shall be at the prescribed locations and conforming to the lines, grades, slopes and cross sections shown on the approved plans.
(2) 
Unstable or unsuitable material shall be removed from beneath proposed pavement, curbs, walkways, storm drains, sanitary sewers, structures, and at other locations as directed by the Township Engineer. Where such material is removed, the excavation shall be backfilled with gravel Type 5 Class A Soil Aggregate, as defined in the Standard Specifications.
(3) 
Earth slopes, shoulders and other formed surfaces shall have a neat finish.
(4) 
Graded slopes at cuts and fills in earth shall be stable and shall generally have a ratio of 2 to 1; however, a slope of 3 to 1 is preferable where conditions permit in order to achieve a slope with better aesthetic and maintenance characteristics, but in no event shall a graded slope have a ratio of less than 1.5 to 1. In no event shall the vertical grade difference of side slope exceed seven feet without the introduction of a five-foot-wide terrace. Any cuts and fills in earth which result in a net slope with a grade greater than 1.5 to 1 shall be conditioned by retaining walls, cribbing or terracing as approved by the Township Engineer. Cuts in rock shall have slopes which do not exceed a ratio of 1 to 1. The top of a cut or the bottom of a fill shall not be closer than 10 feet to any lot line. Slope easements shall be obtained where directed by the Township Engineer.
(5) 
Excavated material shall be used as fill when suitable or shall be used for backfill or other purposes as may be directed by the Township Engineer.
(6) 
All fill material shall be suitable therefor and shall be free from stumps, brush, wood, roots, sod, rubbish, garbage, debris and other matter that may decay and decompose.
(7) 
Fill shall not be constructed of frozen material, nor shall fill material be placed on a frozen surface.
(8) 
Before earth excavation and/or fill placement, the underlying ground surface shall be stripped of topsoil in accordance with Subsection G herein.
(9) 
Filled areas shall be formed in successive layers not more than 12 inches deep, and each layer shall be compacted by rolling until it is firm and unyielding before the next layer is placed. Rolling compaction techniques shall be in conformance with the Standard Specifications.
I. 
Drainage. The drainage systems shall be constructed in accordance with accepted engineering standards designed by a licensed professional engineer and in accordance with provisions of this article and Chapter XVI, Subdivision and Site Plan Review, Chapter XVIII, Flood Hazard Area Regulation, and Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention.[9]
(1) 
All drainage facilities shall be designed to transport not less than peak flows resulting from the intensity-duration characteristics of rainfall having a twenty-five-year storm frequency. At critical areas where rainfalls of greater magnitude may cause damage, the capacity of the drainage facilities shall be increased in order to protect public or private property in accordance with Township Engineer criteria.
(2) 
Drainage design shall be performed in accordance with the following:
(a) 
Estimated runoff shall be designed by the rational method in accordance with ASCE Manual No. 37, Design and Construction of Sanitary and Storm Services, or the U.S. Soil Conservation Service (SCS) Methods, utilizing Technical Release No. 55 (TR-55), Urban Hydrology for Small Watersheds.
(b) 
Rainfall intensity shall be determined from the graph entitled "Rainfall Intensity Duration for Essex and Union Counties."
(c) 
Time of concentration shall be established in accordance with current SCS procedures. The minimum time of concentration shall be 10 minutes.
(3) 
Unless otherwise approved by the Township Engineer, no pipe shall have a diameter less than 15 inches.
(4) 
All storm drains and culverts shall be constructed of reinforced concrete pipe, Class III, in accordance with Standard Specifications of Reinforced Concrete Culvert Pipe, ASTMC-76, most recent revision with not less than two feet of cover on top of the pipe.
(5) 
Manholes, inlets, catch basins, headwalls and other drainage structures shall be constructed of precast concrete. Concrete block shall not be used except as approved by the Township Engineer. Aluminum ladder rungs shall be utilized. Frames and grates shall be cast iron as manufactured by Campbell Foundry or equal.
(6) 
All drain outlets shall terminate at headwalls or precast flared-end sections as approved by the Township Engineer.
(7) 
Stone riprap or other approved measures shall provide for channel stabilization where required.
(8) 
Where street grade exceeds 6%, side-hill-type catch basins shall be installed at a 45° angle to the curb.
(9) 
Wherever possible, pipes shall be designed to maintain a self-cleaning velocity of flow of three feet per second. Maximum flow velocities shall be eight feet per second at outlets and 15 feet per second within the drains.
(10) 
The interval between manholes and/or inlets shall not exceed 400 feet. A manhole or inlet shall be provided whenever branches or drain lines are connected or sizes change and whenever there is a change in pipe alignment or grade. Horizontal and vertical alignment of pipes shall be in a straight line between manhole or inlets.
(11) 
Transitions of drain pipes through manholes or inlets shall be designed to allow a drop of at least 0.1 foot for pipes of equal size or of an amount at least equal to the difference in diameters for pipes of different size.
(12) 
Applicable standards of N.J.A.C. 7:7A et seq., Freshwater Wetlands Protection Act, shall be complied with in regard to wetlands and wetland transition areas.
(13) 
When a brook or stream is proposed for alteration, improvement or relocation or when a drainage structure is proposed on a watercourse, due to street construction, evidence of approval from applicable provisions of requirements of the NJDEP shall accompany the design plans, or, where no submission is necessary, proof shall be provided.
(14) 
Reestablishing vegetative cover shall be in accordance with the "Standards and Specifications for Soil Erosion and Sediment Control in New Jersey," latest edition.
[9]
Editor's Note: Said chapters are not included in this volume.
J. 
Curbs.
(1) 
Curbs are hereby required for all public streets hereafter constructed except as may be determined by the Township Committee or Planning Board.
(2) 
Curbs shall be constructed of granite block. When specifically approved by the Planning Board, curbs may be constructed of Class "B" 3,700 pounds per square inch (3,700 psi) concrete, as specified in the Standard Specifications.
(3) 
Granite block (or Belgian block) shall be of the best quality medium or fine-grained granite conforming to Section 910.06 of the Standard Specifications. Block shall be dressed so that all faces are approximately rectangular and measure not less than four inches by six inches on the top and bottom and not less than 10 inches in depth. All block shall be free from mortar, bituminous or other materials.
(4) 
The granite block shall be laid in Class "C," 3,700 pounds per square inch (3,200 psi) concrete with the largest dimensions vertical. Sufficient concrete shall be laid beneath the block to provide a total curb height of 18 inches. Joints shall be not more than 3/8 inch wide and be pointed with a 1:2 cement-sand mortar. Details of construction of the curb shall be in accordance with the Township of Mendham "Standard Construction Details," Plate R-2.
(5) 
Generally, all curbs shall have a vertical face above finished pavement of six inches, except at locations of handicap ramps where the curb height shall be flush with the pavement. At locations determined by the Planning Board, block curbing may be placed with the face laid at a 45° angle with the pavement surface. Block constructed in this manner shall be designated as "mountable" curb. Alternately, the installation of flush curbing may be required where deemed appropriate by the Planning Board.
(6) 
The curb at all driveway openings shall be depressed an elevation 1 1/2 inches above finished pavement.
(7) 
Whenever a "curb cut" or driveway opening is required, the entire section of curb shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
K. 
Utilities.
(1) 
All gas, electric, telephone, cable TV, or other utilities shall be installed at locations approved by the Township Engineer. A detailed plan shall be submitted for approval by the Township Engineer prior to utility construction.
(2) 
Utility installation shall conform to the requirements of Subsection 16-8.4i.[10]
[10]
Editor's Note: Such reference is to Ch. XVI, Subdivision and Site Plan Review, which is not included in this volume.
(3) 
The Township Engineer shall be notified 24 hours in advance of any construction in a road right-of-way or in the right-of-way of any subdivision road under construction for which the Township Engineer has inspection responsibility.
(4) 
The installation of utilities within the pavement area shall be completed before pavement base courses are constructed.
(5) 
Utility construction in existing Township road rights-of-way shall be subject to a road opening permit in accordance with § 301-2A.
(6) 
Trenches under areas with existing pavement shall be backfilled only with quarry-processed stone Type 5 Class A soil aggregate, as defined in the Standard Specifications. Trenches in nonpavement areas may be backfilled with native material free of large rock, clay or water, should material be deemed suitable by the Township Engineer.
L. 
Subgrade.
(1) 
Subgrade shall include the preparing of the earth surface for pavements and shoulders which are to be placed thereon, at the locations and to the lines, grades, and slopes shown on the approved plans.
(2) 
Subgrade preparation shall be done after the underlying utility lines and other subsurface structures have been placed and the backfill has been properly compacted.
(3) 
Unstable or unsuitable material in the subgrade area shall be excavated, removed, refilled and compacted as directed by the Township Engineer. Backfill materials shall be quarry processed stone Type 5 Class A soil aggregate as defined in the Standard Specifications.
(4) 
The subgrade shall be shaped to conform to required grade and contour and shall be thoroughly compacted in accordance with techniques outlines in the Standard Specifications. Subgrade shall be firm, smooth and properly drained and shall be so maintained until the pavement is placed thereon.
(5) 
The subgrade shall be inspected and approved by the Township Engineer prior to the construction of any pavement.
M. 
Pavement.
(1) 
The standard road pavement section shall consist of the following:
(a) 
Subbase: quarry-processed stone, Type 5, Class A, soil aggregate, four inches thick.
(b) 
Base course: bituminous concrete stabilized base, five inches thick.
(c) 
Surface course: bituminous concrete, Type FABC, top course, two inches thick.[11]
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Subbase.
(a) 
The subbase shall consist of four inches' compacted thickness of quarry-processed stone Type 5, Class A, soil aggregate, as specified in the Standard Specifications.
(b) 
The subbase shall be thoroughly rolled and compacted in accordance with the Standard Specifications.
(c) 
No subbase material shall be placed until the subgrade has been inspected and approved by the Township Engineer. Areas of unsuitable or unstable subgrade shall be excavated, refilled and compacted with subbase material herein specified.
(3) 
Base course.
(a) 
The pavement base course shall consist of five inches' compacted thickness of Mix No. 1, Bituminous Stabilized Base Course, as specified in the Standard Specifications.
(b) 
The base course shall be installed in one lift and shall be thoroughly rolled and compacted in accordance with the Standard Specifications.
(c) 
All utility structures and appurtenances, including manhole frames, catch basin frames and valve box covers, shall be installed flush with the top surface of the base course paving. At the time of the final wearing surface course installation, all structures shall be raised accordingly, with approved type risers.
(d) 
All curb inlets shall be installed flush with the top of the base course (eight-inch curb face). At the time of final wearing surface course installation, the pavement shall be feathered to the inlet.
(4) 
Surface course.
(a) 
The final wearing surface course shall consist of two inches' compacted thickness of Mix No. 5, fine aggregate bituminous concrete (FABC) as specified in the Standard Specifications. The Township Engineer may at any time increase the required thickness depending upon base course performance, subgrade soil conditions and anticipated traffic volume and weight.[12]
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
The surface course shall be thoroughly rolled and compacted in accordance with the Standard Specifications.
(c) 
No surface course material shall be placed until the base course has been inspected and approved by the Township Engineer.
(d) 
Damaged or ruptured pavement base shall be removed and replaced prior to construction of the surface course.
(e) 
The surface course shall not be constructed until at least one year has elapsed after construction of the base course unless otherwise approved by the Township Engineer.
(f) 
Prior to installation of the surface course, the surface of the base course shall be thoroughly cleaned and swept and a tack coat consisting of RS-1 asphalt emulsion or other approved material shall be uniformly applied to the base course surface at the rate of 0.05 to 0.10 gallons per square yard. Tack cast material and placement shall be as specified in the Standard Specifications.
(5) 
A job mix formula for pavement materials shall be submitted for approval by the Township Engineer. A statement naming the source of each component, and a report showing the results of the applicable tests shall also be submitted for approval.
(6) 
The Township Engineer shall have access at all times to the bituminous concrete plant for inspection of materials, batching, mixing, temperatures, sampling, testing and preparation of records.
(7) 
The plant quality control technician shall be on duty at all times to control and perform all necessary tests to control the composition of the material.
(8) 
All materials and construction shall conform to the requirements of the Standard Specifications except as modified herein. All equipment shall be in the best mechanical condition. All compaction and rolling equipment shall be as specified in the Standard Specifications. Rollers shall be operated by a competent experienced roller operator and shall be kept in continuous operation. Rolling shall be at speeds slow enough to avoid displacement of the material and shall not exceed three miles per hour. At places not accessible to the roller, the mixture shall be thoroughly compacted by hand or mechanical tampers.
(9) 
Sufficient hauling capacity shall be available to assure uniform continuous operation of the paver. Intermittent operation shall not be permitted. The paver speed shall be adjusted to conform with plant output and haul capacity.
(10) 
The construction of bituminous concrete pavement will be permitted only under the following temperature conditions:
(a) 
Base course. The subgrade temperature shall not be less than 35° F., provided that the material laydown temperature is not less than 285° F. The air temperature shall not be less than 55° F.
(b) 
Surface course. The base course temperature shall not be less than 55° F., provided that the material laydown temperature is not less than 285° F. The air temperature shall not be less than 55° F.
(11) 
Joints shall be formed by cutting back on the previous run so as to expose a vertical face the full depth of the course. When the laying of the course is resumed, the exposed edge shall be painted with a thin coat of asphalt.
(12) 
Prior to paving, the vertical faces of manhole and drainage inlet frames shall be painted with a thin coat of asphalt.
(13) 
Bituminous material shall not be applied during rain or when the surface is wet.
(14) 
Copies of delivery slips for all materials used in constructing the road and appurtenances thereto shall be turned over to the Township Engineer for tabulation and inspection.
(15) 
When, in the opinion of the Township Engineer, materials are in need of testing or cores taken to verify material thickness, they shall be done by an approved testing laboratory at the expense of the contractor, developer and/or property owner.
N. 
Sidewalks.
(1) 
Sidewalks shall be constructed at locations and of the type as required by the Planning Board and shall conform to the lines and grades approved by the Township Engineer.
(2) 
Sidewalks shall have a minimum width of four feet.
(3) 
Sidewalks adjacent and along streets shall have a pitch of not less than 1/4 inch nor more than 1/2 inch per foot toward the street.
(4) 
Concrete sidewalks.
(a) 
Concrete sidewalks shall be four inches thick and shall be constructed of air-entrained Class B concrete and shall develop a minimum strength of 3,500 pounds per square inch. Unless otherwise specified by the Township Engineer, three-quarter-inch coarse aggregate shall be used.
(b) 
Concrete driveway aprons and sidewalks crossed by driveways shall be six inches thick and shall be reinforced with welded wire fabric mesh or equivalent.
(c) 
Concrete surfaces shall be set with a wood float and shall have a broom finish. All exterior and interior edges shall be neatly rounded with a one-half-inch radius.
(d) 
A one-half-inch expansion joint filled with preformed bituminous cellular-type joint filler shall be provided at least every 20 feet and between all sidewalks and adjoining driveways and backs of curbs, and between the intersection of two sidewalks. Grooves shall be cut into the surface every five feet.
(5) 
Bituminous sidewalks.
(a) 
Bituminous concrete sidewalks shall be three inches' compacted thickness and shall be constructed of NJDOT Mix No. 5 bituminous concrete.
(b) 
Bituminous concrete driveway aprons and sidewalks crossed by driveways shall be five inches' compacted thickness.
(6) 
Handicap ramps constructed of the same materials as that of the sidewalk, with slopes not exceeding one vertical to 12 horizontal, shall generally be located at each street intersection and as shown on the approved plans.
(7) 
Sidewalks shall be placed on suitable, stable and unyielding subgrade which has been thoroughly compacted. All soft and spongy areas shall be removed, refilled and compacted with subbase material consisting of quarry-processed stone Type 5 Class A soil aggregate. Subbase material shall also be placed under the entire sidewalk area to a depth of four inches where drainage problems or poor subgrade exists and as directed by the Township Engineer.
(8) 
No sidewalk shall be constructed until all subgrade and forms have been inspected and approved by the Township Engineer.
(9) 
All construction and materials shall conform with the Standard Specifications, except as modified herein. Details of construction shall be in accordance with the Township of Mendham, "Standard Construction Details," Plate R-4.
A. 
Permit required. A driveway permit shall be required by any person who performs any of the following within any existing street, street pavement within the Township:
(1) 
Installation, construction, repair, removal, replacement or alteration of any driveway and/or driveway apron and/or depressed driveway curbing.
(2) 
Installation, construction, replacement or alteration of any driveway gate or entrance structure.
B. 
Exemptions. This section, or portions of this section, shall not apply to the following areas:
(1) 
Normal resurfacing of driveways exiting onto streets constructed with curb are exempt from these provisions.
(2) 
Driveways associated with major site plans and subdivisions requiring compliance with Chapter XXIV, Lot Development Permit,[1] are exempt from the permit fee requirements; however, major subdivisions and site plans shall comply with all other applicable sections of this article.
[1]
Editor's Note: Said chapter is not included in this volume.
C. 
Issuance of permit.
(1) 
Driveway permit.
(a) 
All applications for driveway permits shall be reviewed by the Department of Public Works, and upon approval, a driveway permit shall be issued by the Superintendent of Public Works.
(b) 
All applications shall include the following:
[1] 
Name and address of owner and applicant.
[2] 
Tax Map sheet, block and lot number.
[3] 
Sketch of property showing driveway dimensions and location, proposed and existing structures, curbs, sidewalks, construction details.
[4] 
Appropriate fees.
(c) 
The application and approved plans shall be incorporated in and constitute a part of the permit. The permit shall state the date by which the work covered by the permit shall be completed.
D. 
Driveway standards.
(1) 
All driveways shall have a minimum width of 10 feet.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
All driveways shall be constructed in such a manner as to prevent erosion or deposit of soil upon any street or road or in gutters, catch basins, inlets, drains or culverts.
(3) 
All driveways shall be constructed in such a manner that the driveways will not interfere with the drainage along the existing pavement or traveled way. Runoff from a driveway shall not discharge on the traveled way. Where curbs are installed and no ditch or gutter exists, water may not be discharged more than two feet beyond the curb. 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 of traveled way.
(4) 
All driveways shall meet the abutting roadway at a horizontal angle of not less than 60°. All driveways shall have a minimum sight distance of oncoming vehicles in each direction of 250 feet when observed at a point 10 feet back from the existing pavement at a height of four feet above the ground. Where the posted speed limit along the roadway is greater that 25 miles per hour, the minimum sight distance shall be 10 feet for each mile per hour.
(5) 
Driveways for corner lots shall be located at least 125 feet from the center line of the road intersection, except as approved by the Township Engineer.
(6) 
For driveways which enter upon paved streets or roads, the portion of the driveway constructed within the street or road right-of-way shall be paved in accordance with Subsection D(9).
(7) 
No portion of any driveway shall be constructed at a grade exceeding 15%. Furthermore, the first 30 feet of the driveway measured from the edge of the street or road pavement shall not exceed a grade of 5%. Changes in vertical grades shall be made with smooth vertical curves at least 12 feet in length.
(8) 
Where a driveway is at a higher elevation than the street, and where the driveway grade exceeds 8% at any point within 100 feet of the public right-of-way, the following requirements shall be met:
(a) 
The driveway shall be paved in accordance with Subsection D(9).
(b) 
The driveway pavement shall extend from the right-of-way line to a point at which the grade is less than 8% or for a distance of 100 feet, whichever is the lesser distance.
(c) 
The pavement required beyond the right-of-way line shall be in addition to the pavement required within the street right-of-way.
(9) 
All driveways constructed within municipal, county or state rights-of-way shall be minimally constructed of the following materials:
(a) 
Driveways entering upon unpaved roads: six inches of soil aggregate, New Jersey Department of Transportation Type 5, Class A (quarry process) thoroughly rolled and compacted, except where pavement is required by Subsection D(8).
(b) 
Driveways entering upon paved roads.
[1] 
Base course of four inches of soil aggregate, New Jersey Department of Transportation Type 5, Class A (quarry process), thoroughly rolled and compacted;
[2] 
Surface course of two inches of bituminous concrete, New Jersey Department of Transportation Mix I-5 (FABC);
[3] 
All pavement thickness indicated above shall be compacted thickness.
(10) 
Notwithstanding the provisions of Subsection D(9), all driveways constructed within county or state rights-of-way shall meet any stricter requirements imposed by the county or the state, as the case may be.