[1982 Code § 9-1.1]
As used in this section:
Shall mean any road, highway, public way, public alley, easement
or other right-of-way accepted or maintained by the Township as a
public street, as well as any State or County road or highway over
which the Township has acquired jurisdiction by agreement.
[1982 Code § 9-1.2]
a.
Permits Required. No person shall make an excavation in or tunnel
under any street without first obtaining a permit from the Township
Committee, except that a tunnel or excavation may be commenced without
a permit where an emergency has arisen which makes it necessary to
start work immediately, provided that the application for permit is
made simultaneously with the commencement of the work or as soon thereafter
as is practical. The permit, when issued, shall be retroactive to
the date on which the work was begun.
b.
Application for Permits. Applications for permits shall be made through
the Township Clerk and the Township Engineer and shall contain the
following information:
1.
Name and address of the applicant.
2.
Name of the street where the opening is to be made and the names
of the abutting property owners.
3.
The Township tax map block and lot number of the property for the
benefit of which the opening is to be made.
4.
Nature of the surface in which the opening is to be made.
5.
Character and purpose of the work proposed.
6.
Time when the work is to be commenced and completed.
7.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
8.
The name and address of the workman or contractor who is to perform
the work.
9.
A statement that the applicant agrees to replace at his own cost
and expense as they were at the time of the commencement of the work
within 48 hours of the commencement of same.
c.
Contents of Permit; Filing. Each permit shall state the identity
and address of the applicant, the name of the street and the location
where the excavation, tunnel or altering is to be made, the dimensions
of the opening and the period during which the permit shall be valid.
The original of each permit shall remain on file in the office of
the Township Clerk.
[1982 Code § 9-1.3; Ord. 12/3/85; 1-23-2024 by Ord. No. 2024-002]
Fees shall be paid when the application is made. The applicant
shall be charged a fee of $250 for each permit.
[1985 Code § 9-1.4]
No permit shall be issued until the applicant has made a cash
deposit or performance bond in the amount determined to be sufficient
by the Township Engineer based on current costs of restoration of
the surface to be disturbed. The Township Committee may waive the
requirements of this subsection in the case of public utilities.
[1982 Code § 9-1.5]
No permit shall be issued until the applicant has furnished
the Township Committee with satisfactory proof that the applicant
is insured against injury to persons and damage to property caused
by any act or omission of the applicant, his agents, employees or
subcontractors done in the course of the work to be performed under
the permit. Under this policy the Township shall be a co-insuree.
The insurance shall cover all hazards likely to arise in connection
with the work, including but not limited to collapse and explosion,
and shall also insure against liability arising from completed operations.
This policy shall remain in effect for one year from date of completion.
The limits of the policy of insurance shall be $100,000 for injury
to any person, $300,000 for injuries to more than one person in the
same accident, and an aggregate of $100,000 for property damage for
a single incident. The Township Committee may waive the requirements
of this subsection in the case of public utilities upon the presentation
of satisfactory proof that it is capable of meeting claims against
it up to the amount of the limits of the insurance policy, which would
otherwise be required.
[1982 Code § 9-1.6]
All permits issued under this section shall be subject to the
following rules and regulations:
a.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonable and necessary for the protection of
persons or property.
b.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Township Committee.
The Road Department shall be informed of all street closings at least
24 hours in advance, except where the work is of an emergency nature
when notice shall be given to the Road Department when work commences.
c.
All refuse and material must be removed within 48 hours.
d.
All excavations shall be completely back filled by the permittee,
and shall be compacted by tamping or other suitable means in a manner
prescribed by the Township Engineer. Where the Township Road Supervisor
or Township Engineer determines that the excavated material which
shall be placed in layers not exceeding six inches in depth and thoroughly
compacted in the manner prescribed by the Road Supervisor. Upon completion
of the work, the permittee shall remove any excess material and leave
the premises in a clean condition. If the Road Supervisor or Township
Engineer determines that any backfilled excavation has settled or
caved in, he shall so notify the permittee, who shall promptly continue
backfilling until the Department determines that settlement is complete.
e.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
f.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable State laws
and regulations.
g.
If the work is not completed within the time specified in the permit
or any extension which may be granted by the Road Supervisor or Township
Engineer or is not performed in accordance with the regulations set
forth in this subsection and any other regulations that may be established
by the Road Supervisor or Township Engineer then the Department may
complete the work itself and restore the surface of the street. The
cost of completing the work and restoring the street shall be charged
to the permittee and may be deducted from his cash deposit and any
deficiency recovered by an action in any Court of competent jurisdiction.
[1982 Code § 9-1.7]
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
a.
No permittee shall commence the restoration of any street, foundation
or surface until the Road Supervisor or Township Engineer has determined
that settlement of the subsurface is complete and the area properly
prepared for restoration.
b.
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
c.
The street surface shall be restored to the satisfaction of the Road
Supervisor or Township Engineer.
[1982 Code § 9-1.8]
a.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
b.
Commencement of Work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If the work is not commenced
within that time the permit shall automatically terminate unless extended
in writing by the Road Supervisor or Township Engineer.
c.
Possession of Permit. A copy of the permit together with a copy of
the plan approved by the Township Committee shall be kept in possession
of the person actually performing the work and shall be exhibited
on demand to any duly authorized employee of the Township or any Police
Officer.
d.
Revocation of Permit. The Township Committee may revoke a permit
for any of the following reasons:
1.
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
2.
Violation of any condition of the permit issued.
3.
Carrying on work under the permit in a manner which endangers life
or property or which creates any condition which is unhealthy, unsanitary
or declared by provision of this revision to constitute a nuisance.
e.
Modification of Permit Conditions. In a special case the Township
Committee may by resolution impose special conditions to which the
issuance of the permit may be subject, or may decide that any provision
of this section shall not apply or shall be altered.
[1982 Code § 9-1.9]
The Road Supervisor or Township Engineer may make any rules
and regulations which they consider necessary for the administration
and enforcement of this section, but no regulation shall be inconsistent
with, alter or amend any provision of this section, or impose any
requirement which is in addition to those expressly or by implication
imposed by the section. No regulations shall be effective unless they
shall be approved by resolution of the Township Committee. Copies
of all current regulations shall be furnished each permittee at the
time of the issuance of the permit.
[Ord. No. 94-17]
No person shall place snow, ice, leaves, or other materials
upon the municipal streets of the Township.
[Ord. No. 94-17]
Every person convicted of a violation of a provision of this
section or any supplement thereto, shall be liable for a fine of not
more than $50 per day for each day of a violation, or imprisonment
for a term not exceeding 15 days, or both.
[Ord. No. 96-12 § 9-5]
Prior to the construction or attachment of any banner or sign
across any street within the Township, the owner of the banner or
sign shall deliver to the Township evidence of liability insurance
in an amount of not less than $1,000,000 per person/per occurrence
for personal injury and $500,000 per occurrence for property damage
which insurance shall name the Township as an additional insured.
In addition, prior to the construction or attachment of any
sign or banner across a street within the Township, the owner of the
banner or sign shall deliver to the Township an indemnification agreement,
fully executed by the applicant, containing the following language:
"It is understood and agreed that the undersigned will indemnify
and save the Township of Frankford, its Committee members, officers,
agents and employees harmless from all loss, claims, demands and liability
due to the presence of the banner or sign across any street or roadway
within the Township. The applicant agrees that the banner or sign
will be promptly removed at the end of the specified period and will
be attached in accordance with proper construction safety requirements."
Nothing in this section shall be construed to limit or detract
from the obligations of the sign or banner owner to comply with all
requirements relating to signs or banners contained in the zoning
chapter, or any other chapter, of the Revised General Ordinances.
[1982 Code § 9-2.1]
As used in this section:
Shall mean the Township Committee of the Township of Frankford,
Sussex County, New Jersey, or a duly authorized representative acting
within the limits or the authority delegated to him.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action or a street
or way on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines. For the purpose of this section, streets shall be
classified as follows:
Arterial streets are those which are used primarily for fast
or heavy traffic.
Collector streets are those which carry traffic from minor streets
to the major system of arterial streets including the principal entrance
streets of a residential development and streets for circulation within
such a development.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal access streets are streets which are parallel to and
adjacent to abutting properties and protected from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
[1982 Code § 9-2.2]
In the event that any new street is to be constructed within
the limits of the Township, with a view of being accepted for use
by the public, the person, firm or corporation (hereinafter referred
to as the developer) owning the land upon which the street is to be
constructed shall submit to the Township of Frankford, before the
work is started, a comprehensive plan, prepared by a licensed Professional
Engineer and Land Surveyor of the State of New Jersey containing the
information hereinafter set forth:
a.
Such map shall show the outline of the entire property to be subdivided,
the location and width of existing connecting streets.
b.
It shall conform in all respects with an act entitled "AN ACT CONCERNING
THE APPROVAL AND FILING OF MAPS" designated as Chapter 358 Laws of
1953.
c.
A separate map showing plan and profiles of proposed streets, the
tentative location of necessary sanitary and storm sewers, water lines,
curbs, catch basins, manholes and other utilities. The horizontal
scale of such map shall be one inch to 50 feet, and vertical scale
be one inch to five feet.
Six copies of the profile map of street and drainage to be submitted
and cross sections if so required by the Township.
[1982 Code § 9-2.3]
a.
The approval of any plan by the Committee shall in no way be considered
as an acceptance of any street, nor shall such approval obligate the
Township Committee to maintain or exercise jurisdiction over such
street.
b.
Easements of a width sufficient to allow proper maintenance shall
be provided for the outletting of all drains, pipelines, etc. to streams,
existing storm drains or other legal drainage courses. These easements
shall be granted to the Township by approved legal procedures.
c.
All construction work shall be done under the supervision of the
Township Engineer or such Board or agency as the Township Committee
shall designate by ordinance or resolution and the developer shall
pay for the cost of inspection before acceptance.
d.
Sanitary sewers, drainage structures, water mains and service lines
must all be installed prior to construction of roadway pavements.
Trenches which have been opened for that purpose shall have been back
filled and thoroughly compacted.
e.
All materials and appurtenances, unless otherwise specified herein
shall comply with the requirements set forth in the current specifications
of the State of New Jersey Highway Department. Delivery tickets for
all materials used in the construction of roads shall be turned over
to a representative of the Township Committee, for tabulation and
inspection. When in the opinion of the Township Committee or such
Board or agency as the Township Committee shall designate by ordinance
or resolution there is any question as to the quality of material
used in the construction, such material shall be tested by an approved
testing laboratory at the expense of the developer.
f.
No street shall be approved which has a right-of-way less than 50
feet in width.
[1982 Code § 9-2.4; Ord. No. 2006-02 § 1]
a.
Subgrade in Cuts. All topsoil shall be stripped from the proposed
roadbed for the entire width and the subgrade when completed shall
conform to the line, grade and cross section shown on approved plans.
After the subgrade has been shaped, it shall be brought to a firm
unyielding surface by the rolling of the entire area. All soft spongy
material shall be removed from the area and replaced by broken stone,
gravel or acceptable earth. All loose rock or boulders shall be removed
or broken off six inches below the surface of the subgrade.
All stumps, logs or other material which may decompose shall
be removed in its entirety. Cuts shall be the full width of the right-of-way,
slopes as shown on typical section as hereto annexed, with slope rights
where necessary.
b.
Subgrade in Fills. Embankments shall be formed of suitable material
placed in successive layers of not more than 12 inches in depth for
the full width of the cross section and shall be compacted by distributing
the necessary hauling uniformly over the preceding layer and by rolling
as directed above. No trees, stumps, rubbish or other material which
may decompose will be permitted in the fill. Fills shall be the full
width of the right-of-way slopes as shown on typical section with
slope rights where necessary.
c.
Drainage. Satisfactory provisions shall be made for the removal of surface drainage from the streets as well as from the abutting property and in no case shall surface water be permitted to run uncontrolled for more than 500 feet along any street. Culverts, inlets, storm sewers and stormwater control measures shall be installed as required in conformance with standards set forth in the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 and/or the requirements of Chapter 32, Stormwater Control, as applicable.
d.
Curbs. Concrete curbs shall be constructed on all streets. Curbs
shall be set on Arterial and Collector streets with a minimum distance
of 40 feet between the inside faces of the curbs and on Minor and
Marginal access streets shall be set with a minimum distance of 30
feet between the inside faces of the curb and the street shall be
paved from curb to curb. Concrete curb shall not be less than nine
inches at the bottom and not less than six inches wide at the top
and not less than 20 inches vertical measurement and top of curb eight
inches above pavement surface and so constructed that the back face
is vertical. Curb shall be made of Portland Cement. Concrete having
a compressive strength of not less than 2,500 pounds per square inch,
placed in rigid forms of lumber or metal set true to grade and open
joints shall be provided at intervals of 16 feet.
[1982 Code § 9-2.5]
a.
Type. Pavement shall be a full depth asphalt pavement structure built
with asphalt concrete similar to Asphalt Institute Type IV plant mixes
and designed to meet the environmental and service requirements in
accordance with design procedures set forth in the latest edition
of the Asphalt Institute Manual, Series No. 1 (MS-1) entitled "Thickness
Design for Full Depth Asphalt Pavement Structures for Highway and
Streets", and other applicable current Asphalt Institute publications
referred to therein.
A full depth asphalt pavement is one in which asphaltic concrete
plant mixes are employed for all courses above the subgrade or improved
subgrade. Factors to be considered in the overall thickness design
of the asphalt pavement structure include, but are not limited to,
the following: traffic and evaluation, subgrade soil evaluation, compaction,
drainage, environmental effects, total thickness and layer thickness
determination.
b.
Alternate Type Base Courses. Subject to the approval of the Township
Committee and the Township Engineer, the asphalt pavement surface
may be constructed on untreated granular bases or asphalt bases other
than asphaltic concrete plant mix provided that the material and depth
design is in accordance with the procedures set forth in the Appendix
A and Appendix B of the aforementioned Asphalt Institute Manual, Series
No. 1 (MS-1) and related current Asphalt Institute Manuals referred
to therein.
c.
Width. The width of the pavement shall be the full distance between concrete curbs as specified in subsection 16-4.4d, constructed equidistant from the centerline with parabolic surface having a minimum crown of six inches for width of 30 feet between curbs and a minimum crown of eight inches for a width of 40 feet between curbs.
d.
Subgrade. The pavement structure shall be constructed on a prepared subgrade as specified in paragraphs a and b, subsection 16-4.4. The crown of the subgrade shall correspond to that of the pavement surface.
e.
All materials, execution of workmanship and manner of application
related to work under this section shall comply with the current New
Jersey State Highway specifications and shall be approved by the Township
Engineer.
[1982 Code § 9-2.6]
All driveways from house to the street shall be constructed
in such a manner as not to interfere with the flow of water in the
street or drainage ditches along the public street and shall be subject
to the approval of the Township Engineer.
[1982 Code § 9-2.7]
Before the acceptance of any street by the Township an affidavit
shall be made by the developer certifying that all the costs incurred
in the construction have been paid.
[1982 Code § 9-3; amended 4-13-2021 by Ord. No. 2021-008]
All applications to the Township concerning vacation of rights
in unused roads shall be accompanied by the concurrent payment to
the Township of the sum of $500 that shall be applied toward defraying
the Township's costs and expenses for review of the request by the
Township Engineer. Any excess funds shall be returned to the applicant.
If the costs exceed the $500 deposit, applicant shall remit the difference.
