[1971 Code § 48-1; Ord. 3-1-71]
As used in this section:
Shall mean any street, avenue, boulevard, lane, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway.
[1971 Code § 48-2; Ord. 3-1-71; Ord. 6-12-73; Ord. 7-2-73; Ord. 4-3-78]
a.
That map prepared by Thomas W. Birdsall, a licensed engineer of the
State of New Jersey entitled, "Road Naming Map, Millstone Township,
Monmouth County, New Jersey," [scale one inch equals 1,000 feet],
dated January 4, 1971, is to be recognized as the road naming map
of the Township of Millstone.
b.
Amendments.[1]
1.
That forty-foot wide roadway perpendicular to Carrs Tavern Road located
approximately 1,311 feet south of the intersection of Carrs Tavern
Road and Paint Island Spring Road and more particularly illustrated
on a survey map entitled "Survey of Property of Fillmore Ivins Located
in Millstone Township, Monmouth County, New Jersey, Surveyed by Raymond
S. Smith, C.E. and Land Surveyor, Freehold, New Jersey," and attached
to this ordinance and incorporated herein by reference shall be and
is hereafter established as a public street of the Township to be
known as Ivins Lane.
2.
That forty-foot wide roadway perpendicular to the aforesaid Ivins
Lane and located approximately 420 feet east of the intersection of
Carrs Tavern Road and Ivins Lane and more particularly illustrated
on a survey map entitled "Survey of Property of Fillmore Ivins Located
in Millstone Township, Monmouth County, New Jersey, Surveyed by Raymond
S. Smith, C.E. and Land Surveyor, Freehold, New Jersey," and attached
hereto and incorporated herein shall be and is hereafter established
as a public street of the Township to be known as Fillmore Road.
3.
That road known as Road No. 50 and variously called the Clarksburg-Robbinsville
Road and also Mitchell Road be and the same is hereby vacated from
its point of intersection with Monmouth County Route No. 41 to its
point of terminus at Old York Road.
4.
That road known as Road No. 5 and also known from time to time as
Sharon Station East Road and also Parkside Way be and the same is
hereby vacated from its intersection with the northerly point of the
acquisition line of the Assunpink Project referred to above until
the terminus of the aforesaid road with the boundary of Upper Freehold
Township.
5.
That road known as Road No. 2 be and the same is hereby vacated from
the northerly point of the acquisition of the Assunpink Project to
its point of intersection with the boundary of Upper Freehold Township.
6.
That road leading from Yellow Meeting House Road and running northwesterly
to the Upper Freehold Township Boundary adjacent to Interstate Highway
No. 195 shall be known as Chambers Road.
[1]
Editor's Note: Amendments are on file in the Township
Clerk's Office.
[1971 Code § 48-3; Ord. 3-1-71]
All roads throughout the Township as depicted on the map shall
hereafter be known and designated by the respective names as they
appear on the map.
[1971 Code § 48-4; Ord. 3-1-71]
Copies of the map shall be certified to by the Township Clerk
and by the Township Engineer pursuant to this section and that certified
copy shall be on file with the County Clerk, Township Clerk, and the
Township Engineer.
[1971 Code § 48-5; Ord. 3-1-71]
The governing body of the Township may provide by resolution
for any distribution or sale of the map.
[1971 Code § 48-6; Ord. No. 3-1-71]
The road naming map of the Township shall be amended by ordinance and in accordance with subsection 20-1.3 of this section.
[1971 Code § 48-7; Ord. 3-1-71]
No part of this section is to be construed as relating to N.J.S.A.
40:55D-1 et seq., but rather, this section is designated pursuant
to N.J.S.A. 40:67-1 et seq.
[1]
Editor's Note: Prior ordinance history includes portions
of 1971 Code §§ 41-1 — 41-3 and Ordinance 4-28-71
and 03-33.
[Ord. No. 06-20, § 2]
No person, company, firm or corporation shall remove, excavate,
dig or in any way disturb the surface of any street right-of-way for
any purpose without first obtaining a written permit from the Township
Engineer.
[Ord. No. 06-20, § 2]
Permit application forms shall be obtained from the Township
Engineer or Township Clerk. The completed application form must contain
a clear and definite description of the location together with the
approximate size of the opening to be made. The application shall
be accompanied by a sketch which will clearly show the location of
the proposed opening, with application fee, performance bond and certificate
of insurance. Upon review of the application package, the Township
Engineer may request additional information reasonably necessary for
him/her and make a determination on the application.
[Ord. No. 06-20, § 2]
The work on any opening to be made under the permit provided
for in this section shall be commenced within 20 days from the date
of the permit and the work prosecuted with due diligence until its
completion. If for any reason the work is not commenced within the
period of 20 days, the permit shall be void unless within such period
of 20 days the applicant shall present the permit to the Township
Engineer with information relating to the delay. The Township Engineer
shall thereupon either return 50% of the application fee and the permit
shall be void or extend the time for the beginning of the work for
another period of 20 days. Any such extension shall be endorsed on
the permit.
[Ord. No. 06-20, § 2]
The applicant shall pay the Township Clerk before any permit
is granted the sum of $200 for each and every proposed opening of
not more than 100 square feet in area. An additional payment of $25
will be required for each additional area of 100 square feet or fraction
thereof. This amount shall be retained by the Township as compensation
for engineering services under this section. In addition to this payment
the applicant shall be required to post a performance security in
the form of a bond or deposit a certified check of $1,000 with the
Township Clerk for each 100 square feet or portion thereof to insure
the proper restoration of the road surface. The applicant shall completely
backfill the area, tamp and resurface the street for approval by the
Township Engineer. After final approval of the restoration by the
Township Engineer, the performance security will be returned to the
applicant.
[Ord. No. 06-20, § 2]
In case of an emergency, an emergency permit may be issued by
the Township Engineer, Township Clerk or the Police after which an
application for a permit, as hereinbefore required, shall be made
to the Township Engineer, within 48 hours after the work has been
commenced.
[Ord. No. 06-20, § 2]
All excavation, backfilling and compaction shall be according
to Section 207 of 2001 New Jersey Department of Transportation Standard
Specifications (NJDOTSS) for Road and Bridge Construction.
The permittee shall immediately backfill the opening to an elevation
of 12 inches below the permanent surface, install thoroughly compacted
six inches of Dense Graded Aggregate or Soil Aggregate base course,
as set forth in the NJDOTSS Section 301 and install no less than six
inches of hot mix asphalt base course, Mix 1-2, as set forth in the
NJDOT Standard Specifications for Road and Bridge, to the trench surface.
If the distance from the edge of the excavation work area to the existing
curb or edge of pavement is less than two feet, then the permittee
shall be required to excavate to the curb or edge of pavement and
evenly install six inches of hot mix asphalt base course in the entire
area.
The partially restored pavement shall be allowed to settle for
no less than 90 and no more than 180 days. If at any time during the
settlement period, the trench settles 1.5 inches or more, the permittee
shall be notified of the condition requiring repair, and such repair
shall be performed within 24 hours of such notification by the Township
Engineer. If the repair is not made in the time specified, the Township
may make the repair and any cost thereof will be charged against the
performance security.
At the end of the period of time of settlement required by the
Engineer, the permittee shall be required to mill the excavation work
area surface to a width equal to one foot wider on each side of the
initial repair and install no less than two inches of hot mix asphalt
surface course, Mix 1-5 as set forth in the NJDOT Standard Specifications
for Roads and Bridges. The permittee shall also be required to provide
a tack coat on all existing bituminous and concrete surfaces and hot
poured, rubber asphalt joint sealer, as set forth in Section 908 of
NJDOT Standard Specifications for Roads and Bridges.
The patched areas of newly paved roadways, as defined in subsection 20-2.10 shall be restored by an "infrared" pavement restoration process or other methods as required by the Engineer.
Any excavation less than 100 square feet shall require milling
and restoration of the excavation work area extending a minimum of
one foot beyond the edge of excavation to the nearest curb or edge
of pavement. Any excavation equal to or greater than 100 square feet
shall require milling and restoration of the excavation work area
extending from the center line of road to the curb or edge of pavement
and extending a minimum of one foot beyond the outer edge of the excavation.
If the excavation work area will be within 200 feet or less of previous
excavation occurring within one year of the subject excavation (by
same permittee along the same side of the road), the permittee shall
be required to mill and restore the roadway between the outermost
excavations.
The permittee shall be required to replace any facilities including,
but not limited to, curb, lawn, pavement, sidewalk, line stripping,
etc., that is affected by the excavation and restoration work. Such
work shall be performed at the permittee's expense.
[Ord. No. 06-20, § 2]
The excavation and all piles of excavated materials or any material
used in the work to be performed in the opening for which a permit
is issued shall be carefully guarded and lighted by the applicant
who shall be liable for damages caused by the prosecution of the work
or failure to properly guard or maintain the same.
[Ord. No. 06-20, § 2]
a.
If the aggregate performance security which any applicant expects
to be required to provide within a period of one year exceeds $5,000
or if the applicant is a public utility regulated by the Federal government
and/or the State of New Jersey, then a single performance surety may
be posted in the form of a surety bond. If a surety bond is to be
provided in accordance with the requirements of this section, the
applicant shall deposit with the Township Clerk a surety bond for
$50,000 unless based on anticipated future permits to be requested
or past history, the Township Engineer recommends a lesser amount.
The required bond must be:
1.
With good sufficient surety;
2.
By a surety company authorized to transact business in the State
of New Jersey, or issued by a regulated public utility;
3.
Satisfactory to the Township Attorney in form and substance;
4.
Conditioned upon the permittee's compliance with this section
and to secure and hold the Township and its officers harmless against
any and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the Township,
the Township Committee or any Township officer may be made liable
by reason of any accident or injury to person or property through
the fault of the permittee either in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee,
and shall be further conditions to fill up, restore and place in good
and safe condition as near as may be to its original condition and
to the reasonable satisfaction of the Township Engineer all openings
and excavations made in streets.
b.
For anyone filing a performance security under paragraph a above,
future road opening permits will be denied until unsatisfactory restoration,
of which the entity has been notified in writing, have been corrected.
c.
In the event of more than two unsatisfactory restorations in a year,
of which the entity has been notified in writing, all future road
opening permits shall be denied until either a third party surety
bond issued by a company authorized to issue surety bonds in the State
of New Jersey, or a Letter of Credit has been posted in the amount
of $50,000.
[Ord. No. 06-20, § 2]
By the making of an application for a permit hereunder, the
permittee agrees to indemnify and save harmless the Township of Millstone,
its offices, agents and servants from and against any loss, injury
or damage resulting from any cause whatsoever, relating in any way
to the work covered by the permit. The permittee shall file with the
Township Clerk a certificate of insurance in amounts to be determined
by the Township Engineer in accordance with the practice of the trade
naming the Township of Millstone as a name insured, which coverage
shall run to the benefit of the Township offices, agents and servants.
[Ord. No. 06-20, § 2]
When the Township, person or entity improves or paves any public
street or highway the Township shall first give notice to all persons
owning property abutting the street about to be paved or improved,
and to all public utilities and authorities operating in the Township,
and all such persons, utilities and authorities shall make all connections
as well as any repairs thereto which would necessitate excavation
of the street within 60 days of the giving of such notice. The time
shall be extended if permission is requested in writing and approved
by the Township Engineer.
The Township Engineer shall issue no street opening permit to
any person giving notice under this section or their assignees or
successors which would allow an excavation or opening in paved and
improved street surface less than five years old unless the applicant
can clearly demonstrate that public health or safety requires that
the proposed work be permitted or unless an emergency condition exists.
The Township Engineer shall make a recommendation to the Township
Committee as to whether such permit should be issued. The Township
Committee shall take action by resolution to grant or deny said permit.
There shall be no right to a public hearing on such a request.
Upon approval of the Township Committee, a permit can also be
issued to open any paved or improved street surface less than five
years old provided that a penalty charge shall be made for such opening,
except that the penalty fee shall be waived by the Township Committee,
in the event the work is of an emergency nature. The penalty charge
if required by the Township Committee shall be on a sliding scale
determined as follows:
a.
Penalty assessment = $1,000.
b.
Area of road cut in square feet x $5 = Varies
Total of a and b = Varies
|
The actual penalty shall be 2% of the above total for each unelapsed
month or fraction thereof of the five year (sixty-month) restricted
period. Maximum penalty shall be $2,500 and minimum penalty shall
be $500. Permit fees are payable in addition to the penalty charges
set forth herein. No portion of the penalty charge shall be refundable
and penalty charges do not relieve the permit holder from the required
performance security or the required certificate of insurance.
|
[Ord. No. 06-20, § 2]
For the violation of the provisions herein contained, the permit
may be revoked and the excavation or opening may be filled by the
Township and the street restored at the cost and expense of the permittee.
[1971 Code § 45-4; Ord. 6-5-78]
a.
No person shall place any material on or along any Township road,
gutter or shoulder resulting in any stoppage of drainage along the
road or roads.
b.
No person shall obstruct or damage any Township road or road surface
by spilling or throwing stones, dirt or other materials thereon.
c.
No person shall divert or pump surface or other waters onto or across
Township roads or do any act upon property abutting Township roads
resulting in the flow or spill of water from the property across the
Township roads.
d.
No person shall dump or push snow onto a Township road that in any
way causes or results in damage to the road or road surface or to
the traveling public or causes or results in obstructing or delaying
the movement or flow of traffic.
[1971 Code § 45-5; Ord. No. 6-5-78]
[1971 Code § 45-1]
It shall be unlawful for any person, their agents, servants
or employees to drive upon or operate or cause to be driven upon or
operated on any Township streets or any portion or portions thereof
any motor vehicles, tractors, or machinery or equipment which is or
which may be mechanically operated or drawn, unless each and every
such motor vehicle, tractor or mechanically operated or drawn machinery
and equipment shall be equipped with rubber tire wheels or metal or
wooden wheels with sufficient width and smoothness or such other device
and devices as shall prevent any damage being done to any part of
the streets by reason of the motor vehicle, tractor or mechanically
drawn or operated machinery or equipment using the streets or any
portion or portions thereof.
[1971 Code § 45-2]
It shall be unlawful for any person, their agents, servants
or employees to use or cause to be used any portion or portions of
any of the Township streets as a head land or for turning around of
or crossing over by any motor vehicle, tractor or machinery or equipment
being used in connection with farming operations on land adjacent
to any Township street in such a manner so as to cause damage to any
portion or portions of the streets by reason thereof.
[1971 Code, § 45-3]
[1971 Code § 31-1; Ord. 12-1-75; New; Ord. No. 03-39,
§ V; Ord. No. 05-24, § I]
a.
All driveway openings into public streets shall be built to lines
and grades first approved by the Township Engineer.
b.
Driveways shall not be less than 12 feet in width.
c.
In new construction, if the driveway has not been constructed with
a hard surface, the first 10 feet shall be constructed with a concrete
or bituminous apron.
[1971 Code § 31-2; Ord. 12-1-75; Ord. No. 03-39, § V]
The owner of premises containing any driveway shall maintain
such driveway at all times so as to prevent any water accumulation
thereon and the washing out or runoff of any driveway materials, such
as but not limited to stone, sand, gravel or dirt, onto any Township
property or any street.
[1971 Code § 31-3; Ord. 12-1-75; Ord. No. 03-39, § V]
In case any driveway shall become out of repair causing the conditions described in subsection 20-5.2, the owner or occupant of lands upon which the driveway exists shall, upon receipt of a notice from the Township Engineer, repair or cause the same to be repaired and corrected as set forth in the written notice, and shall further correct any damage to the Township road and remove any materials that have washed onto the street.
[1971 Code § 31-4; Ord. 12-1-75]
[Ord. No. 92-05 § I]
The Township Committee having been advised that it has the discretion
to maintain private roads within the Township if, in its opinion,
such maintenance is necessary to protect the health, safety and welfare
of residents of the Township and if travel along such private roads
is sufficient to warrant such action, it is the purpose of this section
to set forth the policy, criteria and standards for such action.
[Ord. No. 92-05 § I]
[Ord. No. 92-05, § I]
A road within the Township not dedicated to and accepted by the Township as a public road, shall be eligible for maintenance as described in Section 20-6.4 by the Township provided:
a.
Such road has heretofore been maintained by the Township on a somewhat
regular basis for at least 10 years.
b.
There exists along the road two or more private single family homes
which use the private road exclusively for ingress and egress to a
public road.
c.
The homes referred to in paragraph b above are not located on lots:
1.
Which are adjacent to a public road, unless access to the public
road is unavailable by virtue of the existence of wetlands.
2.
Which adjoin a lot or lots in the same ownership which are adjacent
to a public road.
3.
From which there exists an easement or right-of-way from the home
to a public road.
[Ord. No. 92-05, § I]
The level of maintenance to be given to the private roads set forth in Section 20-6.9, Schedule A, shall be consistent with that level of maintenance previously provided by the Township; however, such maintenance will generally consist of the following:
a.
Periodic scraping to prevent road conditions from deteriorating so
that access by emergency equipment would be impeded or the equipment
damaged.
b.
Snow plowing.
c.
Trimming and removal of branches or other obstructions which might
impede or damage emergency equipment.
d.
Such other measures as the Department of Public Works deems reasonable
and necessary.
[Ord. No. 92-05, § I]
To the extent revealed by the Municipal tax records, those serviced by and/or owning the private road proposed to be listed in Section 20-6.9, Schedule A, shall be notified in writing at least 14 days prior to the proposed passage of this section. If a majority of those serviced by or owning the road register their written objection with the Township Clerk to the private road being included in Section 20-6.9, Schedule A, the private road will not be so included until a majority of such users or owners subsequently so request.
[Ord. No. 92-05, § I]
Nothing herein shall be deemed as effecting exclusive control in the Township over such private roads as are listed in Section 20-6.9, Schedule A. Others may undertake an action in maintaining and/or improving such private roads. The Township assumes no liability for any injury or damage resulting from the use of such private roads. The Township will cease all maintenance activity relating to such private roads in the event that those with the legal right to exercise control over the private road forward written requests to the Township Clerk and a copy to the Department of Public Works that no further maintenance activity is desired.
[Ord. No. 92-05, § I]
The discretion of the Township Committee exercised hereby is based upon current usage of the private roads listed in Section 20-6.9, Schedule A. If usage shall decrease below the level warranting continued maintenance, in the opinion of the Township Committee, such private roads may be deleted. If usage increases to a level which, in the opinion of the Township Committee, warrants dedication of the roadway to the Township, written notification shall be given to the owner(s) of such private road(s). If within 60 days thereafter the owner(s) shall not have granted such dedication as required by the Township, further maintenance hereunder may cease and such private road(s) will thereafter be deleted from Section 20-6.9, Schedule A.
[Ord. No. 92-05, § I]
Those choosing to use the private roads set forth in Section 20-6.9, Schedule A, for any purpose whatsoever, shall do so at their own risk.
[Ord. No. 92-05, § I]
The roads or parts of roads described in Schedule A attached
to and made a part of this section shall be maintained by the Township
in accordance with the provisions of this section.
|
SCHEDULE A
| |
|---|---|
|
MAINTENANCE OF PRIVATE ROADS
| |
|
In accordance with the provisions of Section 20-6 the following roads or parts of roads shall be maintained by the Township in accordance with the provision of the aforementioned Section:
|
|
Name of Road
|
Location
|
|---|---|
|
Lost Road
|
Entire length from Sweetmans Lane
|
|
Fox Valley Road
|
Entire length from Millstone Road
|
