[1967 Code § 21-1-5; Ord. No. 7-2-73 § 8; Ord. No. 2431-14; amended 12-3-2019 by Ord. No. 2546-19]
a.
No person shall tear up or excavate any street maintained by the
Township for any purpose without first obtaining from the Superintendent
of Public Works a written permit. Such permit shall state the location
and purpose of the excavation and that it is granted on condition
that the person to whom it is issued shall fill in the excavation
and restore the road surface to the satisfaction of the Township Committee.
No such permit shall be issued unless the applicant shall pay a fee
of $100 for the first linear foot for a residential road opening permit,
or a fee of $250 for the first linear foot for a public utility road
opening permit, and in the case of both residential and public utility
road opening permits, the additional amount of $1 for each additional
linear foot. In addition to such fee, the applicant make a cash deposit
or, at the Township's option, give bond to the Township in the
sum of a minimum of $1,000 for up to the first linear foot plus $50
for each linear foot thereafter, with such surety as may be approved
by the Township Attorney, conditioned for the filling in of the excavation
and restoration of the road surface to the satisfaction of the Township
Committee, or for the payment of all expenses of doing such work upon
certification by the Superintendent of Public Works of the cost thereof.
All restoration of the street excavation must be done in accordance
with guidelines provided by the permit.
b.
The provisions of this subsection shall apply as well to public service
corporations having franchises to maintain pipes, tracks or other
works on or under the streets of the Township as to all other persons.
c.
There shall be a five-year moratorium on the issuance of road opening
permits for newly paved streets. Exceptions shall be granted for utility
emergencies or road openings that impact the safety and welfare of
property owners (e.g., electric service to a new home). Any emergency
work or undue hardship shall be approved by the Administrator or their
designee.
1.
In the event that an exception is granted during the moratorium period,
the applicant shall be responsible for limiting the area of disturbance,
saw-cutting all excavations and restoring the trench to its original
condition, including, but not limited to, the pavement, surface treatments
and striping.
2.
The Administrator or their designee may require a larger area of
the roadway to be restored to avoid trench marks across the roadway.
This will be done in a manner that creates a rectangular patch across
the entire width of the roadway.
3.
An initial fee of $500 will be charged, with an additional $1 per
linear foot, to open a road within its moratorium.
4.
Township's option, give bond to the Township in the sum of a
minimum of $1,000 for up to the first linear foot plus $50 for each
linear foot thereafter, with such surety as may be approved by the
Township Attorney, conditioned for the filling in of the excavation
and restoration of the road surface to the satisfaction of the Township
Committee, or for the payment of all expenses of doing such work upon
certification by the Superintendent of Public Works of the cost thereof.
5.
All restoration must be done in accordance with specifications provided
in the permit.
[New]
All materials and construction shall conform to and be as directed
by the Township Engineer. All pipes shall be of ductile iron. All
drains, plates and grates shall be of cast iron. If not specifically
indicated by the Township Engineer, all materials and methods of construction
shall conform to the New Jersey Department of Transportation (NJDOT)
"Standards Specifications for Road and Bridge Construction," latest
edition, as amended.
[New]
A minimum of three work days' advance notice, in writing, is
required to the appropriate Township Department prior to commencement
of any construction or mobilization of equipment or forces.
[1967 Code § 21-1-7]
Whenever a permit shall issue to any person for the opening
or excavation of any street, it shall be his duty to properly guard
and light the same, and to save harmless the Township from prosecution
or suit by indictment or otherwise for negligence in connection with
such excavation or the guarding thereof, and to save harmless the
Township from all liability for damages and costs by reason of negligence.
It shall be the duty of the permittee to guard and illuminate the
excavation site, and where applicable for confined spaces, to perform
the work under the safety standards established by the State of New
Jersey in N.J.A.C. 12:100-9.
[1967 Code § 21-1-8]
All permits issued under this section shall be construed as
if the provisions hereof were fully and at large contained therein.
[1967 Code § 21-3-1]
No pipe, culvert, bridge, ramp or other structural means of
vehicular traffic from a public street in the Township, over a gutter
or drain running longitudinally therein, into or appurtenant to a
private driveway or roadway leading into or from such street, shall
be constructed without a permit therefor as provided in this section.
[1967 Code § 21-3-2]
Application for a permit, as required by subsection 15-2.1, shall be made in writing, upon forms to be provided for that purpose, to the Township Engineer, shall set forth in detail the name and address of the owner of the proposed construction, the name and address of the contractor or other person undertaking to construct the same, specifications of materials and methods to be employed in the construction, and a plan and profile of the construction proposed.
Every such application shall be signed by such owner and contractor
and shall be accompanied by a fee of twenty-five dollars ($25.00).
If a permit is issued pursuant to such application, the permit shall
be kept available in the possession of the person in charge of the
work at all times, for inspection by the appropriate enforcing authorities.
[1967 Code § 21-3-3]
A permit, as required by subsection 15-2.1, shall be issued by the Township Engineer.
[New]
All materials and construction of sidewalks, sanitary sewer
laterals, road openings, curb cuts and drainage connections in the
Township's public streets or rights-of-way shall conform to and
be as directed by the Township Engineer. All pipes shall be of ductile
iron. All drains, plates and grates shall be of cast iron. If not
specifically indicated by the Township Engineer, all materials and
methods of construction shall conform to the New Jersey Department
of Transportation (NJDOT) "Standards Specifications for Road and Bridge
Construction," latest edition as amended."
[New]
A minimum of three (3) work days' advance notice, in writing,
is required to the appropriate Township Department prior to commencement
of any construction or mobilization of equipment or forces.
[New]
No permit shall be issued for any construction for which a permit
is required by this section, nor shall any such construction be undertaken
or carried out, which will constitute a hazard to life, limb or property,
by reason of the degree of encroachment thereof upon the public street;
and all such construction shall conform to the specifications of materials
and methods to be employed therein, as set forth in the application
for such permit.
[New]
a.
Pavements. All new pavements shall be placed on a dry compacted subgrade
which has been inspected and approved by the Township Engineer. Base
Course: The base course shall consist of five (5") inches (compacted
thickness) of NJDOT bituminous concrete mix I-52. Surface Course:
The surface course shall consist of two (2") inches (compacted thickness)
of NJDOT bituminous concrete mix I-5.
b.
Street Width. The standard street width shall be thirty (30')
feet.
c.
Street Curbing. Where curbing is to be installed or replaced, the
standard curbing shall be granite block or Belgium block curbing,
all with a six (6") inch curb face, and conforming to the detail on
file in the office of the Township Engineer.
d.
Specifications. All materials for and methods of construction for
all streets, curbs and any other related structures when not specified
by the Township shall be in accordance with NJDOT Standard Specifications
for Road and Bridge Construction, latest edition and as amended.
[Ord. No. 11-20-67 § 1; Ord. No. 21-81 § 1; Ord. No. 26-82 § 1]
a.
The owner or tenant of any lands lying within the limits of the Township,
upon which shall be erected, planted, or growing any fence or other
structure, hedge, shrub, tree or other vegetation which encroaches
upon a public road or highway easement or is located so closely to
the boundary of such easement as to constitute an obstruction to vision
from vehicles lawfully operated upon such roadway, shall remove every
such encroachment and shall prevent and remove every such obstruction
to vision; provided, however, that shade trees near to, although not
within the boundaries of a public road or highway easement, which
might otherwise constitute such an obstruction to vision, shall be
kept trimmed to a height of at least ten (10') feet above the
nearest curbline.
b.
Every such owner or tenant referred to in the preceding paragraph
shall keep all brush, hedges and other plant life, growing within
ten (10') feet of any public roadway or highway easement, and
within the area bounded by the sidelines of any two (2) intersecting
streets and a diagonal line joining such street line between points
distant thirty-five (35') feet measured along each street line
from the point of intersection of such street lines, and, in the case
of a rounded corner within the area bounded by lines tangent to the
curb of rounded corner extended to a point of intersection on a diagonal
line joining such tangent lines between points distant thirty-five
(35') feet measured along each such tangent line from the point
of intersection of such tangent line, cut to a height of not more
than two and one-half (2 1/2') feet in every case where
a greater height of any such vegetation might constitute an obstruction
to vision or other obstruction or hazard to pedestrian or vehicular
traffic, within ten (10) days after notice to cut the same, from the
office of the Township Clerk.
[Ord. No. 11-20-67 § 1; Ord. No. 21-81 § 1; Ord. No. 26-82 § 1]
If the owner or tenant shall have refused or neglected to cut
the same in the manner and within the time provided above, the Township
shall have the power to cut the same or cause the same to be cut by
or under the direction of the Superintendent of Public Works.
[1967 Code § 21-1-17; Ord. No.
11-20-67 § 1; Ord. No.
21-81 § 1; Ord. No. 26-82 § 1]
In all cases where brush, hedges and other plant life are cut
from any lands within the Township pursuant to this subsection, by
or under the direction of the Superintendent of the Department of
Public Works, such officer shall certify the cost thereof to the Township
Committee, which shall examine the certificate and if found to be
correct shall cause the cost as shown thereon to be charged against
the lands, or in the event that such cost is excessive to cause the
reasonable cost thereof to be charged against the lands. The amount
so charged shall become a lien upon such lands and shall be added
to and become and form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as other
taxes and shall be collected and enforced by the same officer and
in the same manner as taxes.
[1967 Code § 21-1-14; Ord. No.
2424-14 § 2]
The numbers of all premises within the limits of the Township
shall correspond with street names and numbers on the tax records
of the Township, filed with the office of the Township Tax Assessor.
[1967 Code § 21-1-15; Ord. No.
2424-14 § 3]
a.
It shall be the duty of all property owners to have their premises
identified in conformity with the street names and numbers, as the
same are designated on the tax records, the intent of which is to
provide emergency services with a clear readily evident and unique
identification of buildings.
b.
In all cases where any number or street name is or shall be hereafter
affixed or placed onto any premises, it shall be the duty of the owner
thereof to apply to the Township Tax Assessor for the correct street
name and number of such premises, as the same is indicated on the
tax records of the Township, and upon application, the Assessor shall
furnish to the applicant the correct street name and number to designate
his/her property and the property owner shall thereupon place and
affix to his/her premises a sign indicating the number thereof in
conformity with the street name and number of such lot, as furnished
by the Assessor.
c.
The number shall be in numerical figures of permanent materials and
of colors which contrast with the background on which they are mounted
or affixed. The numbers shall be at least four (4") inches in height
placed in or on the front of each building adjacent to and within
two (2') feet of the main entrance, or in such other location
determined by the Fire Official, Construction Official, or Code Enforcement
Officer to meet the intent of this section. Spelling out the address
number in letters is prohibited.
d.
All numbers shall be clearly visible and legible from the right-of-way
of the public street, road, avenue, or highway and shall not be obstructed
by any bush, plant, fence, post or any other obstruction. In any case,
where the numbers are not clearly visible and legible, the Fire Official,
Construction Official, or Code Enforcement Officer may require supplemental
identification installed at or near the right-of-way which is adjacent
to the building's main entrance.
e.
Where a building other than a one (1) family dwelling is located
on a corner lot and has an entrance on both sides facing the respective
streets, then each entrance shall be numbered in accordance with the
provisions of this section.
f.
No person shall affix, or allow to remain, upon any premises an identification
marker with a different number or street name than the one designated
by the Tax Assessor, with the exception of dates affixed for historical
purpose.
[Ord. No. 2424-14 § 4]
Subsection 15-5.2 shall be enforced by the Millburn Police Department, the Millburn Fire Department-Fire Prevention Bureau, any Millburn Fire Department Officer, the Township Tax Assessor, the Construction Official, or the Millburn Township Code Enforcement Officer.
[Ord. No. 2424-14 § 5]
Any person who shall violate any of the provisions of subsection 15-5.2 shall, upon conviction, be liable to the penalty stated in the Chapter 1, Section 1-5. Each violation of any of the provisions of subsection 15-5.2 and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1967 Code § 21-1-1]
It shall be the duty of the Township Engineer to keep a record
of all public streets and roads in the Township. Such record shall
state whether each recorded street or road is maintained by the State,
County or Township, and if it be a Township street or road, the width
and limits thereof and whether the grade of same has been established
by ordinance of the Township. All streets and roads hereafter laid
out or accepted by the Township shall be duly recorded in such record
of public streets.
[1967 Code § 21-1-4]
No person, except an officer or employee of the Township acting
in the scope of his/her duty, shall remove or disturb any road material
on any street in the Township, belonging to the Township.
[1967 Code § 21-1-9]
No telephone, telegraph or other poles shall be set up or pipes
or conduits installed within the limits of any street in the Township
unless they be authorized by ordinance or resolution of the Township
Committee, or by contract with the Township. This subsection shall
not apply to companies authorized by the statutes of the State to
erect and maintain poles in public highways without the consent of
local townships.
[1967 Code § 21-1-11]
No person, except an officer or employee of the Township acting
in the scope of his/her duty, shall remove, deface or injure any road
machinery, street sign, traffic post, post, lamp or lamp post belonging
to the Township or the State.
[1967 Code § 21-1-12]
Editor's Note: For State law authorizing the Township to
require removal of snow and ice from sidewalks, see N.J.S.A. 40:65-12.
The owner or occupant of land abutting upon any street in the
Township shall remove all snow or ice from the sidewalks, public pathways
and gutters in front of his/her premises within eight (8) hours of
daylight after the same has formed or fallen thereon.
No person, including the owner or occupant of any premises abutting
on any street, shall throw, place or deposit any snow or ice into
or upon any street in the Township except such as falls upon or is
formed upon that portion of the property so abutting such street lying
within the sidewalk lines thereof. It is the intent and purpose of
this section to prohibit all persons from throwing, casting, placing
or depositing snow and ice which accumulated within the private property
belonging to such persons, upon the sidewalks or streets of the Township.
[1967 Code § 21-1-13; New]
The owner or occupant of premises abutting upon any street in
the Township shall at all times keep the gutters in front of his/her
premises open and free from all weeds, mud, dirt, gravel, sticks,
loose stones, leaves, rubbish and other obstructions; and shall provide
open gutters across or adequate drains under his/her entrance walks
or drives, which shall at all times be kept thoroughly open, clean
and free from obstructions of all sorts. It shall be the responsibility
of the owner or occupant to keep the gutters in a state of repair
acceptable to the Township.
[1967 Code § 21-1-16]
Coasting and sliding, with sled, toboggan, skates, skis or other
vehicle or contrivance designed to roll or slide upon an inclined
surface under the influence of gravity, be and hereby is prohibited
upon the vehicular roadway of any public street in the Township.
[1967 Code § 21-2-1]
All sidewalks and paths in the Township shall be constructed
and repaired in accordance with plans and specifications promulgated
by the Township Engineer and approved by resolution of the Township
Committee, adopted June 7, 1982. A copy of such plans and specifications
shall be kept on file in the office of the Township Engineer for inspection
by the public.
[1967 Code § 21-2-2]
It is hereby determined and declared that the presence of broken,
disintegrated, uneven and otherwise defective sidewalks upon and within
the public easement in public streets and highways in the Township
may constitute or become a public nuisance and hazard to the safety
of pedestrians entitled to pass along the same.
[1967 Code § 21-2-3]
Whenever the pavement or surface of any public sidewalk or portion
thereof upon or along a public street or highway in the Township shall
be found to be broken, disintegrated, uneven or otherwise defective
to such an extent that it would be likely to cause a pedestrian to
trip or fall in passing along the same, and such condition shall be
complained of to, or discovered by the Superintendent of Public Works
of the Township, he/she shall make, or cause to be made, an inspection
of the sidewalk or portion thereof, and shall report the condition
thereof by him/her so found, to the Business Administrator with his/her
recommendations for the correction or elimination of such condition.
If such condition shall be found to constitute a hazard to pedestrians'
use of the sidewalk or portion thereof, and may be eliminated by repair
or reconstruction, the Business Administrator or his/her designee
may cause written notice to be given to the owner of all real estate
abutting upon the sidewalk or portion thereof so found to be dangerous
or hazardous and to require reconstruction or repair, requiring such
owner to reconstruct or repair the sidewalk or portion thereof, within
thirty (30) days after the service of such notice, in the manner,
to the extent and in accordance with the specifications to be set
forth in the notice. Such notice shall also contain a description
of the property abutting upon such sidewalk or portion thereof so
required to be reconstructed or repaired, which description shall
be sufficient to identify such property.
[1967 Code § 21-2-4]
An owner of real estate abutting upon a public sidewalk who, after receipt of notice to reconstruct or repair the same as provided in subsection 15-7.3, shall neglect or refuse to comply with such notice, and shall continue to use and maintain such sidewalk, as an appurtenance to his/her property, in a condition constituting a hazard to the safety of pedestrians having lawful occasion to use such sidewalk, shall be deemed to have violated the provisions of this section and, upon conviction thereof, shall be punished as provided by Section 1-5.
[1967 Code § 21-2-5; Ord. No. 14-97 § 4]
Whenever the condition of a public sidewalk or portion thereof
which, by the provisions of this section, may be required to be reconstructed
or repaired by the owner of real estate abutting thereon, results
from or may affect any trees or roots thereof under the control of
the Department of Public Works of the Township, and whenever any such
reconstruction or repair may affect any such tree or roots thereof,
the owner of any property required to make such reconstruction or
repair shall first apply to and secure from the Department of Public
Works of the Township, permission to make the reconstruction or repair
so required and shall take such precautions in the making of such
reconstruction or repair as may be required by the Shade Tree Commission
for the protection of any such trees.
[1967 Code § 21-2-6; Ord. No. 19-95 § 3]
No person shall obstruct the sidewalk of any street in this Township with boxes, bales, goods, wares or merchandise except in the process of unloading or loading. No such obstruction shall be permitted to remain upon such sidewalk longer than thirty (30) minutes for purposes of or in connection with the unloading or loading of the same; and, except as herein otherwise noted, every public sidewalk shall be kept clear and free of all obstruction throughout its length for a distance of eight (8') feet from the outer edge of the curb or pavement of the street of which it forms a part, except as permitted by Section 4-40 of this Code.
[1967 Code § 21-2-7]
The owner or occupant of premises in the Township in front of
which there is a sidewalk shall keep the same neat and clean, and
shall keep the grass and weeds on either side thereof cut to a height
not exceeding three (3") inches.
The owner or occupant of premises in the Township having a parking
lot, plaza, promenade, mall, walkway or other area used by the public
shall keep the same neat and clean, and shall keep the grass and weeds
on any area covered by same cut to a height not exceeding three (3")
inches.
[1967 Code § 21-2-8]
No person shall coast with sled or cart down or along the sidewalk
of any street within the Township.
[1967 Code § 21-2-4]
No person shall drive or ride any horse or other animal on any
sidewalk or public paved pathway in the Township. The provisions of
this subsection shall not apply to members of the armed forces of
the United States or of the Police of the State or of the Township
while in the performance of their duties.
