Township of Lebanon, NJ Street Construction Standards

All installations shall follow good engineering and construction practices, and shall comply with the standards of design and construction set forth in the detailed drawings attached hereto. All road improvements shall follow the construction practices as set forth in the latest English unit edition of the "Standard Specifications for Road and Bridge Construction," by the State of New Jersey Department of Transportation (hereinafter referred to in this section as the "Construction Specifications"), unless modified herein, and any amendments or supplements thereto.

The contractor undertaking the work covered by this article shall be qualified by experience to perform the type of work undertaken and shall be prepared to submit proof of satisfactory work in other municipalities. The contractor shall, on request of the Township, submit a written statement indicating work schedules, commitments for the supply of materials, equipment to do the work and its condition, list of past and present contracts, and such other information and documentation as the Township may require.

The contractor shall have a full-time qualified superintendent on the project at all times when work is being done on the improvements. The name of the superintendent shall be furnished to the Township Engineer at the preconstruction conference. This full-time superintendent shall be responsible for all subcontractors.

The developer/applicant shall be responsible for the contractor and the work product.

Section 200: Earthwork. (Refer to Section 200 of the Construction Specifications.)

The articles of Section 200 of the Construction Specifications shall be strictly complied with. The applicant's attention is specifically called to the provisions for removal of unsuitable material from the subgrade and for adequate compaction of all fill.

Subbase material shall be placed in roadway areas to eliminate unstable conditions. The Township Engineer shall inspect and direct the installation of subbase material in its proper place.

The project shall be kept properly drained at all times during construction of the subgrade.

The vegetation and underlying topsoil within excavation and embankment areas shall be stripped. Tree stumps shall be grubbed out and removed from the site.

Section 300/400: Pavements. (Refer to Sections 300 and 400 of the Construction Specifications.)

Only those pavements shown on the detail drawing attached to and made part of this article shall be permitted. Alternate pavements having equivalent or better strength and performance characteristics may be permitted. Applicants proposing alternate pavements shall include engineering data necessary to demonstrate that such alternates are equal to or better than the pavements required herein. The Planning Board may accept or reject a proposed alternate after review and recommendation by the Township Engineer.

All materials and mixes used shall conform to current New Jersey State Department of Transportation standards and shall be from New Jersey State Department of Transportation approved sources of supply/manufacture.

Weather limitations imposed by the Construction Specifications shall be followed.

The Township Engineer shall specify the rates and temperature of application of bituminous materials when used. Any stone delivered to the project and determined by the Township Engineer or his representative to be unsatisfactory shall not be unloaded.

All pavement, regardless of type, shall be constructed at suitable density. The Township Engineer shall inspect and determine whether the density is suitable prior to proceeding with construction.

(6)

Paving shall not commence until the Township Engineer approves the subgrade.

Section 500: Bridges and Structures. (Refer to Section 500 of the Construction Specifications.)

Section 600: Incidental Construction. (Refer to Section 600 of the Construction Specifications.)

Underdrain shall be constructed where necessary as construction progresses. The Township Engineer shall inspect and determine whether underdrain is necessary.

Only new reinforced concrete culvert pipe of the proper class shall be used.

All materials shall be from a source of supply approved by the New Jersey Department of Transportation and shall be so marked where applicable.

Backfill of pipe trenches and areas around road structures shall be as required in the Construction Specifications.

Pipes are to be laid true to line and grade, as established by the approved plans, and no curvature or departure from a perfectly straight alignment either vertically or horizontally shall be permitted.

(6)

Manholes and inlets are to be constructed so that castings bear evenly on all supporting walls. Cocked or unevenly supported castings shall not be permitted. Proper channels must be poured in all drainage structures, and pipes are to be cut off flush with structure walls.

(7)

All curbing is to be constructed on a firm and thoroughly tamped subgrade. No departure from true alignment and grade shall be permitted nor shall cracked or otherwise damaged curb be approved. Expansion joints are to be placed at twenty-foot intervals and false joints at the mid-point of each curb section. The full depth of curbing 20 inches must be provided under "depressed" driveway openings. Location of curbing shall be as indicated on the detail sheet.

(8)

Headwalls and inlets are to be cast in place. No precast structures are allowed, unless approved by the Township Engineer.

(9)

The type of guiderail shall be as specified on the plans and as approved by the Planning Board or Township Engineer for the project. Guiderails shall be constructed only by an experienced contractor.

(10)

The Township Engineer is to be consulted for approval of the design criteria for items such as storm sewer sizing, and spacing and locations of inlets.

Section 700: Electrical. (Refer to Section 700 of the Construction Specifications.)

All utility trenches, including electrical service, storm sewers, telephone lines or similar services, are to be backfilled as directed by the Township Engineer. All road crossings shall be completed and backfilled with select fill prior to commencement of the paving operation.

Section 800: Landscaping. (Refer to Section 800 of the Construction Specifications.)

Removal of trees larger than six inches in diameter shall require the approval of the Township Engineer. Fill may not be placed around trees, and tree wells are to be provided where necessary. Trees to remain within the improvement project limits are to be trimmed, as directed by the Township Engineer.

All projects require a plan which complies with the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.), as approved by the Township.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Section 900: Materials. These sections of the Construction Specifications shall be complied with unless the Township Engineer determines that compliance with them is unnecessary under the particular circumstances. In the event the Township Engineer waives compliance of any of the provisions of these sections, he shall keep a written record stating the specific reasons compliance is not necessary.

Section 1,000: Items of Construction Not Specifically Mentioned.

Improvements necessary to the proposed project or required for the project and not specifically covered by the Construction Specifications or by this article shall follow normally accepted standards for the design and construction of those improvements currently in use in the area. Examples of items under this category are stormwater detention-retention devices, drainage swales, recharge wells, filter berms and others. Improvements of this nature shall be based on design criteria currently being used in the Township as specifically approved by the Township Engineer.

Unique or unusual engineering solutions to problems, or for improvements under the purview of this article, shall be reviewed on a case-by-case basis, and the applicant may be requested to supplement his submission of plans with proof that the solution has functioned satisfactorily elsewhere.

§ 325-33 Additional provisions.

[Amended by Ord. No. 10-1983; Ord. No. 8-1988; Ord. No. 4-1989; Ord. No. 5-1991; Ord. No. 06-2000]

Design standards.

All roads shall have a minimum grade of 1%.

Maximum grade.

(a)

All roads shall have a maximum grade as follows:

[1]

Class I collector road: 10% maximum grade.

[2]

Class II local road: 12% maximum grade.

[3]

Class III common driveway: 12% maximum grade.

(b)

A maximum grade shall not be sustained for a horizontal distance exceeding 1,000 feet. To break up longer grades, an intermediate area not to exceed 1/2 the maximum permitted grade for a distance of 200 feet shall be incorporated into the design of the road.

Street grades at intersections shall not exceed 4% for a minimum horizontal distance of 100 feet from the intersection of both center lines to the beginning of a vertical curve (PVC).

All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and adequate sight distance.

Street intersections shall be constructed as nearly at right angles as possible and in no case at any angle less than 60°. Opposing street intersections shall have a minimum center line offset at 150 feet.

(6)

All horizontal deflections in the street center line shall be connected by a curve with a minimum radius as follows:

(a)

Class I collector road: 500 feet.

(b)

Class II local road: 300 feet.

(c)

Class III common driveway: 100 feet.

(7)

A minimum tangent of 100 feet shall be used between reverse horizontal curves for all classes of roads.

(8)

Cul-de-sac streets shall be provided with an improved turnaround at the end, the pavement of which shall have a minimum outside radius of 50 feet, and the right-of-way of which shall have a minimum radius of 63 feet. The turnaround should be tangent, whenever possible, to the right side of the cul-de-sac street.

(9)

Sidewalks, if required, shall be four feet wide, four inches in depth and constructed of Class "B" concrete on a base of four inches of gravel. Sidewalks at driveways shall be at least six inches in depth with steel bars or steel wire mesh placed for reinforcing.

(10)

Under unusual conditions, the Planning Board may, upon the recommendation of the Township Engineer, approve deviations from the design standards set forth in this section.

Right-of-way and pavement width.

	Right-of-Way (feet)	Cartway (feet)	Shoulders
Class I collector	50	26	As required
Class II local road	50	22	As required
Class III common driveway	50	16	As required

The width and composition of the shoulder shall be determined by the Planning Board in the case of subdivisions or site plans, or the Township Engineer in all other cases, and shall depend upon safety, traffic, drainage, topography, natural growth, environmental conditions, and existing structures.

Class III common driveways.

A subdivision of not more than three building lots, exclusive of remaining land, each consisting of at least five acres and each with a minimum frontage of 200 feet on a common driveway or 100 feet on a turnaround at the end of a cul-de-sac is permitted to have access along a common driveway (heretofore called a "Class III common driveway") which shall be constructed and maintained for the private use of the owners of the lots for ingress and egress to the public road. Not more than three lots shall be served by a Class III common driveway.

A Class III common driveway shall not be permitted as part of any major subdivision until such time as the road serving the subdivision has been officially accepted by the Township.

The Planning Board may, upon appropriate application, review and approve a request to allow the access of not more than two additional lots to the Class III common driveway instead of constructing a driveway directly to the public road; provided, however, the two additional lots shall also have frontage which complies with Chapter 400, Zoning, along the public road to which the Class III common driveway connects. The Planning Board shall give consideration to any special or unusual circumstances arising due to the sight distances, traffic conditions, topography, shape, length and/or any other natural features pertaining to the lots for which approval is sought which would substantiate permitting a more reasonable access to the public road also over the Class III common driveway.

Any minor subdivision which shall utilize the Class III common driveway for access to the public road shall locate the Class III common driveway within a strip of land not less than 50 feet in width which strip shall be owned by one of the adjoining lots to be served by the Class III common driveway. The fifty-foot-wide strip shall not be owned by one of the lot owners on either side of the Class III common driveway which have the public road frontage. The Class III common driveway shall also have a turnaround with dimensions in accordance with the requirements of Subsection A above, and surface in accordance with the detail sheet, and the turnaround shall be located no closer than 200 feet required as frontage for either building lot on each side of the Class III common driveway.

All deeds for lots having access to the Class III common driveway shall have a clause included to the benefit of each of the lot owners as follows:

The above described tract shall have an easement to the public road over a Class III common driveway located on the lands of Lot __________.

COMMON DRIVEWAY EASEMENT

The Grantors are the owners in fee simple of real property known and identified on the tax map of the Township of Lebanon, Hunterdon County, New Jersey, as Tax Block _____, Lot _____.

Utilities and access to Block _____, Lots _____, _____, _____ shall be over a common driveway and easement and maintained by the owners of Lots _____, _____. Once the owners of each lot has a Certificate of Occupancy in effect, that lot owner shall be responsible for the maintenance, etc., as set forth herein.

The Grantors intend for the driveway maintenance obligations, rights, responsibilities, and easements as herein created to become effective upon the recording of this deed and to be binding upon the Grantors, their successors and assigns and the Grantees and their heirs and assigns.

Joint Driveway and Utility Easement for Block _____, Lots _____. The Grantors herein grant, convey and establish for the benefit of those lands identified as Block _____, Lots _____, _____ an easement for vehicular and pedestrian ingress and egress to and from said lots and over, through and across the portion of Lots _____, _____ (hereinafter "Access Easement") the center line is more fully described in Schedule A.

Maintenance Obligations. The owners of Lots __________ shall maintain the common driveway to a minimum of Class III standards so that the driveway may have access for emergency vehicles from __________ Road to the driveway leading to lots _____, but once the Owners of Lots __________ have Certificates of Occupancy in effect, they shall also become responsible for the maintenance and repair including snow plowing, and leaf removal of the driveway and other drainage improvements constructed within the easement created. The Owners of Lot _____ shall have the right to effect repairs, grade, add stone, add utilities, alter drainage and otherwise perform any and all maintenance needed to preserve complete and total access over, on, above, below and through the Access Easement. The owners shall meet annually at a minimum and more often if necessary to review what must be done and arrange for persons to perform the work or to secure subcontractors. The formula for sharing cost shall be as follows:

	A.		That portion over Lot _____ shall be paid by the owners of Lots __________ a distance of _____ feet.

	B.		That portion over Lot _____ from the 12 foot driveway to __________ Road a distance of _____ feet shall be paid by the owners of Lots __________.

	Any and all use of the Access Easement by the Owners of any lot shall be compatible with and not interfere with the use of the Easement Area by the Owners of the other Lots.

No Dedication. Nothing contained herein shall be deemed to constitute a gift, grant, or dedication of the Access Easement to the general public or for any public purpose whatsoever, it being the intention of the Grantors that this easement will be strictly limited and applicable to the Owners of the lots.

Legal Effect. Each of the obligations, rights, responsibilities, and easements created or imposed are appurtenant to the Lots and may not be transferred, assigned, or encumbered except as an appurtenance to the Lots. Each covenant contained in this document: (a) is made for the direct, mutual, and reciprocal benefit of the Lots; (b) creates mutual equitable servitudes on the Lots in favor of each other; (c) constitutes a covenant running with the Lots; (d) binds each Owner now having or hereafter acquiring an interest in the Lots; and (e) will inure to the benefit of each and all of the Owners and each Owner's successors, assigns, and mortgagee.

Default; Remedies. The provisions herein will be enforced as follows:

	(a)	Notice of Default. An Owner will not be in default unless the Owner has received written notice from another Owner specifying the nature of such default and has failed to cure or commence appropriate action to cure such default within the time herein provided, or thereafter fails to diligently pursue and complete such cure.

	(b)	Self-Help. In the event any Owner defaults in the performance of any of the provision of this easement, any other Owner will have the right, without being obligated to do so, to enter upon the portion of the Access Easement of such defaulting Owner and perform the obligations of the defaulting Owner hereunder; provided, however, that written notice of such intention, specifying the nature of the alleged default and actions to be performed, has been given to the defaulting Owner not less than 10 days prior to the commencement of such action, or not less than 24 hours prior to such commencement if, in the reasonable judgment of the Owner giving notice, such default is of any emergency nature. During such ten-day or twenty-four-hour period, as the case may be, the defaulting Owner will have the right to perform, pay his share, or commence performance of an action appropriate to remedy such default and, provided such action is diligently pursued and carried to completion, the right of such other Owner to perform the obligation of the defaulting Owner will terminate. If an Owner elects to perform the action to have been performed by a defaulting Owner, on completion of such action, or from time to time, if the action is of a continuing nature, an itemized statement of the cost thereof may be submitted to the defaulting Owner and the amount thereof will be immediately due and payable by the defaulting Owner, which amount will bear interest at the prime rate, as reported at the beginning of each calendar quarter in the Wall Street Journal, plus 2% per annum, from the date of any expenditure until paid.

	(c)	Injunctive Relief and Specific Performance. In the event any violation or threatened violation by any Owner of any of the provisions of this easement, in addition to the right to collect damages, each Owner will have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Prior to the commencement of any such action, written notice of the violation will be given to the Owners claimed to have committed such violation. Further, the obligations, rights, responsibilities and easements may be specifically enforced.

	(d)	No Termination. No default or other breach will entitle any Owner to cancel, rescind, or otherwise terminate this easement. The foregoing limitation will not affect, in any manner, any other right or remedy which any Owner might have by reason of any breach of this easement.

Binding Effect: The Grantor, for itself and future owners of any part of the Lots, declares and agrees that the provisions herein will be binding on the Owners of the Lots and their respective successors, assigns, and mortgagees, to the extent herein provided.

§ 325-34 Inspection; bonding; guarantees; insurance.

[Amended by Ord. No. 10-1983]

All improvements, including electric, gas, sewer and water lines, shall be installed under the inspection of the Township Engineer, the cost of the inspection thereof to be borne by the applicant.

Inspection costs shall be computed by the Township Engineer in accordance with the schedule contained in Chapter 330, Subdivision of Land.

Such inspection fee, in the form of cash or certified check, shall be deposited with the Clerk of the Township before the commencement of any construction. Any unexpended portion of the inspection fee shall be returned to the developer, or the developer shall reimburse the Township for inspection costs which exceed the inspection fee.

For the purpose of establishing fees, the applicant's engineer shall furnish to the Township Engineer an estimate of the cost of the improvements based on prices currently common to municipal-type contracts in the area.

Notification of Township Engineer. At least two weeks prior to the start of construction, the applicant shall notify the Township Engineer in writing, with a copy to the Municipal Clerk and Planning Board Clerk, of the date when construction will begin, so that a preconstruction conference can be held and inspections may be scheduled by the Township Engineer.

Failure to meet specifications.

If, during the installation of any required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the Township Engineer shall notify the developer orally of the developer's failure to comply, and the Township Engineer shall discontinue any further inspection of the construction improvements. The Township Engineer shall confirm in writing by certified mail to the developer, return receipt requested, the action that has been taken and shall request that a construction conference with the contractor and developer be scheduled prior to the commencement of any additional inspections.

If, within 10 days of the date of receipt of the notice, the developer fails to perform in accordance with the Township Engineer's directions, the Township Engineer shall notify in writing the Township Council which, in turn, shall cause the issuance of a stop order on further construction and take such remedial action as the circumstances require.

Any improvements installed and not inspected by the office of the Township Engineer will not be accepted into the Township road or improvement system.

A change in contractor(s) shall require a new preconstruction conference.