[1967 Code § 81-1]
As used in this section:
Shall mean and include one or more street or streets, public
thoroughfares, roads, highways, lanes and alleys, or any part thereof.
[1967 Code § 81-2]
No street which has heretofore or which may hereafter be dedicated
to public use shall hereafter be constructed or reconstructed unless
a permit shall have been previously obtained from the Township Committee
authorizing such construction or reconstruction.
[1967 Code § 81-3]
Before any such street is constructed or reconstructed, the
owner or developer shall make application in writing for a permit,
specifying the nature and location of the proposed construction or
improvement which is to be made; and if the street is to be improved,
shall furnish the Township Committee with a letter or other satisfactory
evidence showing that the subdivision fronting on the street has been
approved by the Planning Board, or shall furnish the Township Committee
evidence that the property fronting the street conforms with the Zoning
Ordinance or shall furnish the Township Committee evidence that a
variance has been approved by the Board of Adjustment.
[1967 Code § 81-4]
The specifications governing all construction shall be the standard
specifications for general construction work heretofore adopted by
the Township Committee by resolution, which specifications may be
amended or changed by the Township Committee in like manner or as
herein provided.
[1967 Code § 81-5]
a.
Based on suitable surveys, plans shall be prepared by a responsible
engineer, licensed under the laws of the State of New Jersey as such,
and three copies of the plans and the application shall be submitted
to the Township Engineer for approval before any work is started.
b.
Before the detailed plans of the road construction are prepared in
their final form, the Township Committee will go over them and advise
as to their acceptability or as to such changes, if any, that should
be made in order to make them conform to the requirements of this
section.
c.
The plans submitted shall consist of a title sheet 24 inches by 36
inches overall, the longest dimension shall be left to right, the
left hand border shall be two inches and the top, bottom and right
hand side borders shall be 1/2 inch. The title sheet shall bear the
name of the road, the property owner, etc., neatly arranged in the
center of the sheet. This sheet may also be used for small construction
details.
d.
The other sheets of the plan shall have the same overall dimensions
as those of the title sheet, with the proper title, subtitle and scale
in the lower right hand corner.
e.
The detail sheets for road construction shall show the plan and profile
of the proposed roadway, cross sections and details of manholes, inlets,
small culverts and other minor structures required.
f.
The scale for plan and horizontal scale for profile shall be one
inch in 50 feet, and for vertical scale of profile shall be one inch
to five feet. The profile shall be shown directly under the plan,
and if the space on the sheet permits, two sections of plan and profile
may be shown on the same sheet.
g.
The plan of the road shall show the center line of construction,
right-of-way lines, stations of beginning and end of curves, curve
data, 100-foot station points, equations of stationing, streams, roads
and railroads on or near the right-of-way; poles, trees, buildings
and other obstructions within the right-of-way, houses and buildings
within 200 feet of the right-of-way, except in closely built-up sections;
property division lines and names of owners; portions of pavements
to be used in place of the proposed work and guard rails, retaining
walls, ditch protections, subdrains and other special features that
can be anticipated. When possible, these special features shall be
tabulated on the sheet on which they occur on the plan, and their
location indicated in the table.
h.
The plan shall be plotted with stationing from left to right. A north
point shall be shown on each sheet, preferably in the upper right
hand corner and, if possible, with north at the top of the sheet.
i.
The profile of the roads shall show the existing surface as a dash
line. The finished grade line shall be indicated by a solid line representing
the elevation of the finished pavement on the centerline of the proposed
construction; a notation indicating that the grade line represents
the surface of the finished pavement; length and location of vertical
curves; percentage of gradient; datum line; and surface elevations
and grade elevations at station ordinates and at changes of gradients.
j.
The surface line shall be indicated by a series of straight broken
lines. The surface line shall represent the profile of the ground
on the center line of the proposed roadway.
k.
When requested by the Township Engineer, cross sections shall be
taken at not less than fifty-foot intervals. The cross sections shall
be plotted to a scale of one inch to five feet, from the bottom of
the sheet upwards and so as not to interfere unduly with one another.
Either the lower side or the right hand end of the sheet may be used
as the bottom in the plotting.
l.
The cross sections shall show the ground surface extended beyond
the slope intersections, the proposed roadway surface side slopes,
ditches and any additional information desired. The ground surface
shall be shown in a broken line and the new construction in solid
lines. Each cross section shall be marked with its station location,
grade line elevation and cross sectional area, in square feet of cut
or fill.
m.
Details of manholes, inlets, small culverts, guardrails and other
minor structures shall be shown to a scale sufficient to show clearly
all details involved. These details may be shown on the title sheet
if space is available. Otherwise they shall be plotted on an additional
sheet immediately following the plan and profile sheets. Storm drainage
systems and appurtenances shall be designed for twenty-five year storm
frequency with a minimum time of concentration of six minutes.
n.
Three copies of the plan shall be filed with the Township Engineer.
o.
The approval of any plan shall in nowise be construed as an acceptance
of any street, nor shall any such approval in any way obligate the
Township to maintain or exercise jurisdiction over such street.
p.
Upon approval, one copy of the plans and application will be returned
to the applicant and two copies of the plans and application will
be retained by the Township, one for use by the Township Engineer
and one for the permanent file.
[1967 Code 81-6; Ord. No. § 26-82]
a.
The pavement of all intersections shall be flared as recommended
by the Township Engineer.
b.
When requested by the Township Engineer, the owner or developer shall
furnish an accurate sketch to scale, showing one foot or two-foot
contours for the intersection.
c.
On all dead-end streets or culs-de-sac, a circle shall be provided
according to the standards authorized by the Planning Board or Board
of Adjustment as part of a site plan or subdivision approval, or which
shall have a right-of-way radius of not less than 50 feet and a paved
circle with a radius of 40 feet.
d.
Where a road is not immediately completed for its entire length,
a temporary turnaround shall be constructed according to the standards
authorized by the Planning Board or Board of Adjustment as part of
a site plan or subdivision approval, or which shall have a radius
of 40 feet, surfaced with four inches of quarry processed stone top
dressed with a layer of 1/2 inch clean stone properly grated in its
entire area.
[1967 Code § 81-7]
a.
All materials and appurtenances, unless otherwise specified herein
or in the standard specifications for general construction work shall
comply with the requirements set forth in the current New Jersey State
Highway specifications.
b.
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.
c.
When in the opinion of the Township Engineer materials are in need
of testing, the materials shall be tested by any approved testing
laboratory at the expense of the developer or contractor.
d.
The minimum size of catch basins or inlets permitted shall be that
sufficient to permit a man to enter them for the purpose of cleaning,
and shall permit the use of cleaning rods four feet in length.
[1967 Code § 81-8]
a.
Sanitary sewer, drainage, structures, water, gas and electrical mains
and service lines must all be installed prior to construction of roadway
pavements. Trenches that have been opened for such purposes shall
have been back-filled and thoroughly compacted.
b.
Poles, light standards, etc., shall be set behind the curb with their
outside face one foot from the rear of the curb.
c.
All services, such as water, gas, telephone and electricity, when
in conduit, etc., shall be stubbed in at each lot to a point behind
the curb line before the curbs and pavements are built, unless otherwise
required by the utility company.
d.
All gas mains, water mains, sewers, conduits, etc. shall be laid
sufficiently in advance of work on the pavement to allow for proper
settlement of trenches. The backfill in these trenches shall be tamped
in a manner satisfactory to the Township Engineer.
[1967 Code § 81-9]
a.
All construction or reconstruction of driveway entrances shall be
under the direction of the Township Engineer or Director of Public
Works. These entrances shall be constructed in a manner that will
not interfere with the drainage ditches along the public road. Curb
openings for driveways shall be a minimum of 16 feet in width.
b.
No pipes shall be placed on any Township pavement in the gutter at
driveways. The driveway at the gutter lines shall be dipped to permit
proper drainage and paved with bituminous concrete type "A" or "T"
on a suitable foundation as directed by the Township Engineer or Director
of Public Works.
c.
Where driveways slope downhill from the curbline into a lot, the
grade of such drive shall rise to the height of the street center
line before the downward slope begins.
d.
The filling of gutters along any Township road by dirt, fill earth
or other materials, except as provided herein, is hereby prohibited.
e.
It shall be unlawful for any person or persons, firm or corporation
to construct or reconstruct any driveway entrance without having first
obtained a permit from the Township.
[1967 Code § 81-10; Ord. No. 26-82]
a.
All dedicated roadways within the Township which have not been accepted
by the Township Committee and which are to be constructed or reconstructed
and which are classified as light traffic streets or not as thoroughfares
may be constructed or reconstructed as follows:
b.
All roads classified or designated as thoroughfares shall be at least
50 feet in width between right-of-way lines, shall have a pavement
30 feet in width with curbs and shall reserve 10 feet on each side
for sidewalk or for other purposes.
c.
Roads shall be graded for the full width between property lines even
though the pavement is a lesser width.
[1967 Code § 81-11]
The work shall be inspected throughout the course of construction
by the Township Engineer or his representative, and the cost of the
inspection shall be paid for by the owner of the property.
[1967 Code § 81-12]
Street name signs shall be supplied and erected by the developer
or contractor at his expense immediately upon completion of construction
of each new street. The style, support and location of street name
signs shall be first approved by the Township Committee.
[1967 Code § 81-13]
a.
Before final approval, two copies of the road plan and profile showing
all utilities actually built shall be furnished to the Township Committee.
b.
Before final approval, affidavits shall be made by the developer
certifying that all costs incurred in the construction of the road
have been paid.
c.
Before final approval, all drainage structures shall be cleaned of
silt or other accumulation.
[1967 Code § 81-14]
All streets hereafter constructed or reconstructed may be accepted
by the Township Committee by formal resolution, but in no event will
there be final acceptance until the expiration of one year from the
date of final approval or completion of construction, whichever occurs
later.
[1967 Code § 81-15]
There shall be filed with the Township Clerk a performance guaranty
sufficient in amount to cover the cost of the road construction as
estimated by the Township Engineer and assuring the installation of
such road in accordance with the provisions of this section on or
before an agreed upon date. Such performance guaranty may be in the
form of a performance bond which shall be issued by a bonding or surety
company approved by the Township Committee; a certified check, returnable
after full completion; or any other type of surety approved by the
Township Committee. After final approval, the performance guaranty
shall be replaced with a maintenance guaranty in an amount sufficient
to insure full maintenance of the road until final acceptance by the
Township Committee. When streets are being constructed as subdivision
or site plan improvements and are covered by the subdivision or site
plan performance and maintenance guaranties, then no additional guaranty
shall be required under this section.
[1967 Code § 81-16]
The foregoing requirements shall be considered as the minimum
requirements for street improvements for the Township.
[1967 Code § 81-17]
[1967 Code § 84-1; Ord. No. 350-2015; amended 3-10-2021 by Ord. No. 470-21]
It shall be unlawful for any person to tunnel under or to make
any opening or excavation in any street or other public place in the
Township, other than a county road over which the County of Morris
has exclusive jurisdiction, without having obtained a permit as is
herein required or without complying with the provisions of this section
or in violation of or variance from the terms of any such permit.
No permit shall be issued to open any Township road for five years
after the road was paved, except pursuant to Subsection 2.5A below.
[1967 Code § 84-2; Ord. No. 12-81; amended 3-10-2021 by Ord. No. 470-21; 5-12-2021 by Ord. No. 470-21]
a.
Applications for such permits shall be made to the Township Clerk
and shall describe the location of the intended opening, excavation
or tunnel, the size thereof, the purpose therefor and the person doing
the actual excavation work and the name of the person for whom or
which the work is being done and shall contain an agreement that the
applicant will comply with all ordinances and laws relating to the
work to be done.
b.
Any person desiring a permit for the opening of a street or tunneling
therein shall make application to the Township Clerk setting forth
the following information:
1.
Name, address and email address of applicant.
2.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
3.
The Township Tax Map index, 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.
Plan showing the exact location and dimension of all openings.
8.
The name and address of the workmen or contractor who is to perform
the work, if different from the applicant.
9.
A statement that the applicant agrees to replace, at his own cost
and expense, in accordance with Township specifications and details,
the opening to the same state and condition as it was at the time
of the commencement of the work and further agrees to comply with
all other regulations and laws relative to the work.
10.
An agreement to indemnify and hold harmless the Township from all
loss, damage, claim or expense, including expenses incurred in the
defense of any litigation arising out of injury to any person or property
resulting from any work done by the applicant under the permit.
11.
Such other information as the Township Clerk may consider pertinent.
12.
Proof of compliance with the Underground Facility Protection Act
(N.J.S.A. 48:2-73) ("One-Call").
[1967 Code § 84-3; Ord. No. 12-81; Ord. No. 40-88; Ord. No. 92-01 § 1; amended 3-10-2021 by Ord. No. 470-21]
The fee for a road opening permit shall be set by the Township
Committee by resolution.
[1967 Code § 84-4; Ord. No. 12-81; Ord. No. 40-88; Ord. No. 5-89; amended 3-10-2021 by Ord. No. 470-21]
a.
Before issuance of any such permit, the applicant or contractor proposing
to do the actual excavating work shall file with the Township Clerk
a cash bond in the amount of $100 per square yard of disturbed area.
This cash bond shall serve as both a performance bond to guarantee
completion of the work and also as a maintenance bond for a period
of 12 months to guarantee that the excavated area does not settle
or otherwise deteriorate. If the responsible person does not complete
the excavation and restore the surface in accordance with requirements
of this section or if the responsible person does not restore the
surface and make any necessary repairs resulting from the settling
or any other deterioration within a reasonable time after receipt
of notice of settling from the Township then the Township may perform
the necessary work itself and deduct the cost of such work from the
posted bond. At the end of 12 months the Director of Public Works
shall inspect the area of the excavation to determine whether it has
been restored in compliance with the requirements of this section.
The Director of Public Works shall then submit a written report to
the Township Committee recommending that the bond be returned in whole
or part or in the alternative that the Township should perform additional
repairs and charge the cost of those repairs against the bond. The
Township Committee shall then act upon recommendation of the Director
of Public Works and return any unused portion of the bond to the responsible
person.
b.
In addition, the applicant or the contractor proposing to do the
actual excavating work shall file with the Township Clerk a certificate
of insurance showing that the applicant or the contractor proposing
to do the actual excavating work has general liability insurance with
combined policy limits of $1,000,000.
c.
The provisions of Paragraph a of this subsection shall not apply
to public utilities.
[1967 Code § 84-5; Ord. 9-21-70; Ord. No. 12-81; amended 3-10-2021 by Ord. No. 470-21; 5-12-2021 by Ord. No. 470-21]
a.
It shall be unlawful to make any such excavation, opening or tunnel
in any way contrary to or at variance with the terms of the permit
therefor. Proper bracing shall be maintained to prevent the collapse
of adjoining ground, and, in excavations, the excavation shall not
have anywhere below the surface any portion which extends beyond the
opening at the surface.
b.
No injury shall be done to any pipes, cables or conduits in the making
of such openings, excavations or tunnels, and notice shall be given
to the persons maintaining any such pipes, cables or conduits (or
to the Township Road Department or officer charged with the care thereof)
which are or may be endangered or affected by the making of any such
opening, excavation or tunnel before such pipes, cables or conduits
shall be disturbed.
c.
No unnecessary damage or injury shall be done to any tree or shrub
or the roots thereof.
d.
All openings, excavations or tunnels shall be guarded with adequate
safety measures as may be necessary and with adequate warning devices.
The safety measures and warning devices shall be placed in such a
manner as to not unduly restrict traffic. Where the Police Department
determines that such safety measures and warning devices are not adequate
for the free movement of traffic during road construction and/or excavation,
a police officer may be assigned to direct traffic in the area involved
during working hours, and the cost thereof shall be charged by the
Township to the contractor or other person obtaining the permit. The
provisions of this subsection shall not affect or relieve the contractor
or any other person from any other obligations imposed by the contract
or by operation of law.
e.
All refuse and material shall be removed within 48 hours.
f.
All excavation shall be completely backfilled and compacted using
bank run gravel, crushed stone or other approved material.
g.
If tunneling operations are required, the tunnel shall be backfilled
with rammed sand or sand and concrete mixed 10 to one, respectively.
h.
If blasting is required in the course of any excavation, it shall
be done in strict compliance with all applicable state laws and regulations
and municipal ordinances.
i.
Under normal, nonemergency situations, street paving, whether new or improved, will carry a minimum no-cut period of five years in accordance with § 20-2.5A below.
j.
All excavation and restoration work shall be monitored, inspected
and approved by the Township Public Works Manager.
k.
The applicant
shall be responsible for limiting the area of disturbance, saw cut
all excavations and restore the trench to its original condition,
including, but not limited to, the pavement, surface treatments and
striping. Restoration of the top course of asphalt shall be done utilizing
the infrared pavement method if deemed necessary in the sole discretion
of the Township Engineer.
[Added 3-10-2021 by Ord.
No. 470-21; amended 5-12-2021 by Ord. No. 470-21]
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 new home). Any
emergency work may be approved by the Township Engineer. All nonemergency
work and undue hardship may only be approved by the Township Committee.
a.
In the event that exception is granted during the moratorium period,
the applicant shall be responsible for limiting the area of disturbance,
saw cut all excavations and restore the trench to its original condition,
including, but not limited to, the pavement, surface treatments and
striping. Restoration of the top course of asphalt shall be done utilizing
the infrared pavement repair/sealing method.
b.
The Township Public Works Manager or his/her 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.
[1967 Code § 84-6]
If any sidewalk is blocked by any such work, a temporary sidewalk
shall be constructed or provided which shall be safe for travel and
convenient for users.
[1967 Code § 84-7; Ord. 9-21-70; Ord. No. 12-81]
a.
Any person making any opening, excavation or tunnel shall restore
the surface to its original condition if there is no pavement there.
Refills shall be properly tamped down.
b.
The applicant shall restore the pavement, either bituminous concrete
or plain or reinforced concrete, to as good a condition as before
the excavation was made. The material excavated, if suitable and dry,
and if approved by the Township Engineer or his duly approved representative,
can be used as backfill. If the excavated material is determined to
be unsuitable for backfill, it shall be removed immediately from the
area of the excavation and the trench shall then be backfilled with
bank run sand and gravel or ungraded road stone, as directed by the
Township Engineer or his representative. The material used for backfill
shall be placed and tamped with suitable tamping equipment in maximum
12 inch lifts or as directed by the Township Engineer or his authorized
agent.
c.
The backfill material shall be placed in accordance with paragraph
b above, to within 10 inches of the surface of the pavement, to within
eight inches of the surface of a sidewalk and within four inches of
the surface of a grassed area within a street right-of-way. Restoration
shall be as follows:
1.
Bituminous Concrete Pavement, Class A Roads. A base course of four
inches compacted thickness consisting of quarry processed stone Type
5, Class A, shall be placed, tamped or rolled with suitable mechanical
equipment to bring the subbase to within six inches of the finished
pavement course. Next four inches of stabilized base, Binder Course
Mix No. 2, compacted thickness, shall be placed and compacted with
suitable mechanical equipment. The final surface course shall consist
of two inches, compacted thickness, of FABC Surface Course, Mix No.
5.
2.
Bituminous Concrete Pavement, Class B and C Roads. A base course
of four inches, compacted thickness, consisting of quarry processed
stone, Type 5, Class A, shall be placed, tamped or rolled with suitable
mechanical equipment to bring the subbase to within four inches of
the finished pavement course. There shall be constructed four inches,
compacted thickness, of macadam stabilized base, Binder Course Mix
No. 2 as a final surface course. This course shall be compacted by
approved mechanical equipment as directed by the Township Engineer
or his agent.
3.
Concrete Sidewalks. A base course of ungraded roadstone four inches,
compacted thickness, shall be placed and tamped with suitable mechanical
equipment and thereon shall be constructed concrete sidewalk. The
sidewalk shall be of 3,000 psi concrete, four inches in thickness,
six inches thick at driveways and four feet wide, with clean construction
joints at four foot intervals, or as directed by the Township Engineer.
4.
Grassed Areas. Four inches of suitable topsoil shall be placed on
the previously tamped backfill. The area shall be limed, fertilized
and seeded.
d.
All public utility companies shall, upon completion of the work pursuant
to permit, and after restoration of road surface, submit and file
with the Township Clerk, two copies of as-built plans showing the
location, depth, size, etc. of the underground service.
[1967 Code § 84-8]
The Director of Public Works or his designee shall inspect or
cause to be inspected all openings, excavations and tunnels being
made in or under any public street or other public place in the Township
to see to the enforcement of the provisions of this section. Notice
shall be given to him at least 10 hours before the work of refilling
any such opening, excavation or tunnel commences.
[1967 Code § 84-9]
Any permit issued pursuant to the provisions of this section
shall be valid for a period not exceeding 30 days and all work contemplated
shall be completed within that time except on application to the Township
Committee for an extension.
[1967 Code § 84-10; Ord. 12-29-69]
[Ord. No. 36-84; 1967 Code
§ 27-1; Ord. No. 344-2014]
No person shall deposit, throw, spill or dump dirt, mud, gravel,
sand, stone, cement, trees, stumps, brush, grass, leaves, wood, metal,
iron, plastic, manure, fertilizer, ashes, coal, cinders, refuse, garbage
or other material upon any street or sidewalk or portion thereof within
the limits of the Township; nor shall any person throw, deposit, spill
or dump the same upon any public or private land within the limits
of the Township without the permission of the owner thereof; nor shall
any person cause or permit the same to be done.
[Ord. No. 36-84; 1967 Code
§ 27-3; Ord. No. 344-2014]
No person shall obstruct the traveled portion of any street
or sidewalk within the limits of the Township. Moreover, the owner
of any property containing a fence, hedge, wall, gate, landscaping,
shrub, bush, tree, boulders or other obstructions which encroach upon
any sidewalk, street or right-of-way and which constitute a safety
hazard in the opinion of the Chief of Police or his designee, or the
Township Code Enforcement Officer, shall remove the same within 10
days after written notice signed by the Chief of Police or his designee.
[Ord. No. 27-84; 1967 Code
§ 27-5; Ord. No. 37-87; Ord. No. 344-2014]
Any person who violates any subsection of this section shall be liable to penalties set forth in Chapter 1, Section 1-5 of this Code. In addition, if a property owner fails to remove an obstruction within the time required under subsection 20-2.2 above, such obstruction may be removed by or under the direction of the Township Department of Public Works at the expense of the owner. The cost of such work shall be a lien upon the whole lot or premises on or in front of which such obstruction existed, and shall be certified to the Township Tax Collector, and collected in the same manner as the taxes next to be levied thereon.
[Ord. No. 126-03 § 1]
The owner, occupant or tenant of premises abutting or bordering on any street in the Township shall remove all snow and ice from the abutting sidewalks of such streets, or in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes, salt, sawdust or some other nonslippery or adhesive substance so as to make the same safely passable, within 12 hours of daylight after the same shall fall or be formed thereon. In addition to any other remedy provided by this section, any person who violates this section shall be subject to the penalty provided in Chapter 1, Section 1-5.
[Ord. No. 126-03 § 1]
In the event snow or ice shall not be removed from sidewalks
as provided in this section, the same may be removed under the direction
of the Public Works Manager or the Township Administrator. The cost
of removal of any snow or ice by the Township shall be certified to
the Township Committee. The Township Committee shall examine the certificate,
and if found to be correct, the Committee shall cause the cost to
be charged against the real estate abutting upon the sidewalk, and
the amount charged shall become a lien and a tax on the real estate
and shall be added to and be part of the taxes next to be levied and
assessed thereon, and enforced and collected with interest in the
same manner as other taxes.
[Ord. No. 126-03 § 1]
No person shall throw, place or deposit any snow or ice which
has accumulated upon private property into or upon any public sidewalk,
handicapped parking space, bicycle route or the paved portion of any
public street in the Township or into or upon any area within the
right-of-way lines of any street in such a way as to hinder the passage
of persons, bicycles or obstruct vision.
