[Adopted 12-2-1999 by Ord. No. 25-1999[1]]
The purpose of this article is to establish
regulations and fees for the opening of municipal streets within the
Township of Pemberton, County of Burlington and State of New Jersey.
The following terms shall, for the purposes
of this article, have the meanings here indicated:
An opening, tearing up or excavating, tunneling, boring,
undermining or in any manner breaking up of any road for any purpose
within the Township of Pemberton. This shall specifically include
the removal and disposal of bituminous and concrete pavements required
to expose the subgrade.
Any person, corporation, private or public utility or other
entity on whose behalf a street opening is performed by a permittee.
Any person, firm or corporation granted a permit hereunder.
New Jersey Bell Telephone Company, Bell Atlantic or any other
telecommunications corporations, Public Service Electric and Gas Company,
GPU Energy, Jersey Central Power & Light Company, a licensed cable
television company, a governmental utility authority or any other
entity having either the power of eminent domain and/or subject to
the regulations by the Board of Public Utilities of the State of New
Jersey.
Any street, road or other public way dedicated to and accepted
by the Township of Pemberton and shall include all of the area thereof
lying within the bounds of the dedicated right-of-way.
A.
No person, persons or corporation, municipal or private,
and/or any utility company, public or private, shall for any purpose
open, tear up, excavate, bore, tunnel or drive under or in any way
impair the surface or subsurface within the limits of the right-of-way
of any street in the Township of Pemberton without first obtaining
a road opening permit from the Township.
B.
Only such persons, firms, corporations or utility
companies to whom or to which permits have been granted, or the agent
of such person, firms or corporations, shall be permitted to perform
such work and then only in the manner herein required and only as
specifically allowed in the permit.
C.
Nothing contained in this section shall be construed
as requiring the issuance of a permit for the performance of any work
done by the Township of Pemberton or under a contract with the Township
of Pemberton for the construction of water lines or street improvements.
D.
No person or corporation shall be issued a road opening
permit until he presents satisfactory proof in the form of the authorization
number from the Underground Location Service and the appropriate utility
or such other proof as may be acceptable to the Township.
E.
No person or corporation shall be issued a road opening permit until he presents a written certification that all underground facilities have been previously located and marked using standard color codes for gas, water and other utilities and this certification must indicate the marking authorization number; that he has complied with provisions of § 156-10D of this article; and that he has contacted (in writing) the Township Department, the Sewage Division of the Department of Public Works and other municipal, county and state entities regarding pipes, conduits and other structures laid in the portion of the street to be opened and that he has received (in writing) a favorable response. A copy of written notices and responses shall be annexed to the certification. The Township is not responsible for any representations made by its officers, employees, servants and/or agents.
[Amended 10-2-2019 by Ord. No. 7-2019]
F.
As an express condition of the acceptance of a road
opening permit, the permittee thereby agrees to indemnify and save
harmless the Township, its officers, directors and employees against
any loss or liability for damages, both property and personal, and
against and from all suits of any kind resulting from any phase of
operations performed under the permit.
A.
Application for a permit shall be made in writing
and issued by the Township Clerk and shall be filed at least 10 days
prior to the commencement of any work. The application shall specify
the name and address of the applicant; the specific location of the
proposed excavation and the width, length and depth thereof; the type
of road or other surface; the time required to make the opening and
backfill for same; and the individual(s), firm, corporation or public
utility for whose benefit the excavation is to be made. The application
shall be accompanied by a nonrefundable fee for the issuance of the
permit as hereinafter provided, together with the charges as hereinafter
set forth.
B.
No work may commence by the permittee until the date
set forth in the issued permit.
A.
In the event that an emergency condition exists requiring
immediate action by any person, firm, corporation or public utility
required to obtain a permit pursuant to this article, that entity
may immediately cause the roadway to be entered and emergency measures
taken without first obtaining a permit, provided that:
(1)
A true emergency exists and the entity doing the work
notifies the Pemberton Township Police Department prior to start of
work; the Pemberton Township Police Department shall thereafter log
the emergency.
(2)
A permit is applied for within 24 hours of the road
opening or on the next business day, whichever occurs first.
(3)
All work is performed in accordance with this article.
(4)
This person, firm, corporation or public utility shall
notify the Township Engineer within 24 hours of a road opening. If
a road opening commences on a Saturday or Sunday as a result of emergency
road work, the Police Department of the Township of Pemberton shall
be notified prior to the start of work, and the Township Engineer
shall be notified on the morning of the first business day thereafter.
B.
The Township of Pemberton reserves the right to issue
a written stop-work order where same is deemed appropriate by the
Town Engineer.
C.
For purposes of this article, an "emergency" shall
be considered to be such a situation or condition which arises when
the sewer, main, conduit or utility in or under any street breaks,
bursts or otherwise is in such condition as to immediately endanger
the property, life, health or safety of any individual.
Prior to the issuance of a permit, copies of
the application shall be forwarded to the Township Engineer who shall,
within five working days, either authorize the Clerk to issue the
permit or note any objections to the issuance of a permit or any conditions
which shall be satisfied prior to or be imposed as conditions upon
the issuance of the permit, as appropriate.
All applications shall be filed by or on behalf
of the owner for whom such work is being done and shall be countersigned
by such owner.
Except where otherwise provided by law, the
owner shall agree, as a condition of the issuance of a permit, that
any facilities, pipes or poles or other object(s) to be installed
within the Township's right-of-way pursuant to the permit shall be
promptly relocated at the owner's expense, except where otherwise
provided by law, as required by the Township of Pemberton to accommodate
the installation of Township facilities. Such agreement shall be in
writing contained on the face of the application form and permit.
[Amended 6-23-2005 by Ord. No. 10-2005]
Street opening permits shall be issued by the
Township Clerk once reviewed and approved as provided for herein;
provided, however, that no permit shall be issued until an application
fee, performance surety and an engineering fee have been paid to the
Township Clerk.
A.
Generally. The New Jersey State Department of Transportation
1989 Standard Specifications for Road and Bridge Construction, with
all amendments and supplements, shall govern all of the work performed
under Township of Pemberton road opening permits, except as supplemented
below.
(1)
No Township road shall be closed to traffic without
prior written consent of the Police Department. In the event that
a road is closed, uniformed police may be required to act as traffic
directors, and the proper traffic control devices shall be erected
and maintained by the permittee in accordance with standards described
in the Manual on Uniform Traffic Control Devices, latest edition.
All costs of providing uniformed police shall be the responsibility
of the permittee or the owners. In the event that a detour is deemed
necessary by the permittee, application shall be made of the Chief
of Police, who shall determine the necessity for such detour and the
route to be followed. In emergency situations, notification by phone
to the Police Department shall be done prior to start of work.
(2)
Any work under an issued permit must be commenced
within three months from the date of issue and completed within 45
days from commencement or said permit shall be deemed void and reapplication
shall be required.
(3)
Work commenced under a permit shall be continued without
interruption during normal working hours until completed.
(4)
The permittee shall notify the Township Engineer and
Township Construction Official 24 hours in advance of the actual commencement
of any work under a permit.
B.
Guard. The applicant shall keep the work site properly
guarded both day and night and shall have lights, barriers and adequate
safety devices as described in the Manual on Uniform Traffic Control
Devices placed thereat and maintained throughout the performance of
the work and shall interfere as little as possible with traffic along
the street or road within the Township, and only that part of any
such street or road as is set forth in the permit shall be opened.
C.
Minimum cover. All utilities shall be constructed
with a minimum cover as shown in Table I to provide protection for
the utilities in the event that future Township road construction,
repair or modification necessitates excavation, undercutting or installation
of facilities in the area where the utility is located. This location
will in no way relieve the utility owner of the responsibility of
relocating said utility at said utility owner's expense in case of
conflict with future construction, reconstruction or modification
of related facilities, except as otherwise specified herein. The aforementioned
minimum cover maybe waived by the Township Engineer if the applicant
prepares and files certified plans indicating the location, extent
and depth of the facilities and said plans are approved by the Township
Engineer. This subsection shall apply only to new construction.
|
TABLE I
[Amended 6-23-2005 by Ord. No. 10-2005] | |
|---|---|
|
Utility Designation
|
Minimum Cover*
(inches)
|
|
Cable television
|
18
|
|
Electric
|
18
|
|
Gas
|
24
|
|
Sanitary sewer
|
48
|
|
Telephone
|
18
|
|
Water
|
48
|
|
*NOTE: Measured from top of pipe, conduit, duct
or cable to finished pavement or ground surface.
|
D.
Protection of existing structures. It shall be the
responsibility of the permittee to give proper notice of the proposed
street opening to any person, firm or corporation whose pipe, conduits
or other structures are laid in the portion of the street to be opened.
Said notice shall be given to all utilities by calling the New Jersey
One Call at telephone number 1-800-272-1000 72 hours before commencement
of said opening, or as provided by law, and the permittee shall restore
same, at his own expense, to the condition it was in prior to commencement
of work.
[Amended 6-23-2005 by Ord. No. 10-2005]
E.
All excavations shall be completely backfilled at
the end of each working day unless it would constitute a hardship
to the permittee or where the size of the excavation makes it impossible
to backfill at the end of each working day, in which event a waiver
may be granted by the Township Engineer. In the event that a waiver
is granted, the contractor or owner shall cover the excavation with
heavy one-inch thick plates secured to existing pavement to prevent
rattles and movement and erect appropriate barriers and lights around
the entire excavation and arrange to provide appropriate security
protection, if such security is necessary, at his own cost, and such
other safeguards as may be needed to protect the public from an open
excavation. Such safeguards may include, but are not limited to, the
installation of scissor jacks and/or shoring, planking, installation
of steel plates, erection of temporary barricades and/or fencing,
or any other cover item as may be required by the Engineer. In no
event shall an excavation be left open for more than 72 hours unless
an emergency exists and permission has been secured from the Township
Engineer.
A.
The permittee shall be liable for any damage to the
roadway leading to or adjacent to the work site.
B.
The permittee shall, on a continuing basis, maintain
all streets and other property affected by the construction in a clean
condition, free from all rubbish, excess earth, rock and other debris.
Upon completion of all work under the permit, the permittee shall
again clean the affected property and remove all debris and unused
material. In the event that the permittee fails to act as provided
herein, the Township, upon 24 hours notice to the permittee, may clean
and remove all rubbish, excess earth, rock, debris and unused material
and charge the permittee the cost thereof. If the permittee fails
to reimburse the Township for costs incurred, said costs shall be
deducted from the permittee's deposit held by the Township Clerk.
The Township Engineer shall periodically inspect
all road excavations and the repair and resurfacing thereof for the
purpose of determining compliance with the conditions imposed on the
issuance of the permit and the specifications set forth herein. The
Township may, upon the recommendation of the Township Engineer:
A.
Order a temporary stop to any road opening.
B.
Order that the permittee perform or correct work in
accordance with the directions of the Township.
C.
Order a stop to any work and revoke the permit, in
which event the Township of Pemberton shall complete the work, or
cause it to be completed, and either declare the permittee's deposit
forfeited or notify the permittee's surety of an intent to file claim
on the bond.
D.
Authorize the correction of any work after notification
to the permittee and after the neglect or the refusal of the permittee
to make such corrections within 24 hours and, after the completion
of same, either declare the permittee's deposit forfeited or notify
the permittee's surety of an intent to file a claim on the bond.
E.
Take any other action deemed reasonable under the
circumstance to protect the Township's interests.
No road excavation opening shall be permanently
paved until a final inspection has been made by the Township Engineer
and final approval given.
A.
For all excavation openings:
(1)
The paved roadway surfaces shall be saw-cut or blade-cut
vertically on a straight line with approved pneumatic equipment before
excavating.
(2)
The material excavated from the trench opening shall
not be replaced as backfill unless expressly authorized by the Township
Engineer. Excavated materials must be removed from the work site the
day of excavation and disposed of in a legal and acceptable manner.
(3)
The backfill shall consist of material approved by
the Township Engineer. The backfill of stone or bank run gravel shall
be furnished from outside sources.
[Amended 10-6-2005 by Ord. No. 13-2005]
(4)
The uncompleted length of road opening allowed under
a permit at any one time shall not exceed 50 linear feet unless a
special need can be established by the permittee and approval to exceed
this limitation is secured from the Township Engineer. Such special
need shall be noted in writing to the Township Engineer before such
permission is granted, except in unusual cases and/or emergencies.
In that event, such special need shall be documented in writing after
approval is granted.
(5)
Where existing manholes are located in the shoulder
areas, a minimum of two inches of bituminous concrete Mix No. 1-5
shall be placed for eight feet on both sides of the manhole casing
on four inches of quarry-processed stone. The width of the bituminous
concrete Mix No. 1-5 shall vary to the dimensions of the existing
shoulder.
(6)
All backfill shall be placed in six-inch layers, with
each layer thoroughly compacted by mechanical means to tile satisfaction
of the Township Engineer. The Township Engineer shall have the right
to require a compaction test to be performed by an independent laboratory
at the expense of the permittee.
(7)
After proper compaction and cutback of the road, the
entire width of the trench plus a four-inch overlap shall be paved
with the temporary pavement.
B.
Asphalt pavement openings.
(1)
For openings in bituminous treated surface roads,
backfill material shall be deposited in six-inch layers and thoroughly
compacted to a level 10 inches below the surface level of adjacent
paved areas. The opening shall be cut back six inches beyond the edges,
of the trench opening. The subbase course shall be quarry processed
stone of eight inches compacted thickness. The surface course shall
be two inches of compacted depth of bituminous concrete No. Mix 1-5
with all joints between the existing pavement and the bituminous concrete
surface course to be sealed with a tack coat.
(2)
For openings in asphalt-surfaced pavements or penetration
macadam pavements, backfill material shall be deposited in one-foot
layers and thoroughly compacted to a level 12 inches below the surface
level of the adjacent paved surfaces. The openings shall be cut back
six inches beyond the edges of the trench opening. The subbase course
shall be quarry-processed stone of six inches compacted thickness.
The base course shall be bituminous concrete Mix No. 1-2 (stabilized
base) four inches thick. The surface course shall be two inches compacted
depth of bituminous concrete Mix No. 1-5 with all joints between the
existing pavement and the bituminous concrete surface course to be
sealed with a tack coat.
(3)
When road openings are in sequence or are within three
feet of another opening, the surface area of the combined openings
will be paved to form one surface. The surface course shall be two
inches compacted depth of bituminous concrete Mix No. 1-5 with all
joints between the existing pavement and the bituminous concrete surface
course sealed with a tack coat.
(4)
Temporary pavement shall consist of six-inch thick
quarry-processed stone subbase and four-inch thick bituminous concrete
stabilized base, Mix No. 1-2 and two inches of cold patch material
and shall be maintained at this level by the permittee for a minimum
period of 30 days or until final settlement has occurred. After final
settlement has occurred, the cold patch material shall be removed
and replaced with two-inches thick bituminous concrete Mix No. 1-5
leveled with the existing pavement and sealed with a tack coat.
C.
Concrete pavement surface openings. For all excavations
in concrete surfaces, the trench backfill shall be compacted in one-foot
layers to a level four inches below the top of the adjacent paved
surface. The excavation shall be cut back six inches beyond the edges
of the trench opening. A four-inch compacted depth of bituminous concrete
Mix No. 1-2 temporary pavement shall then be placed, compacted level
with the existing pavement, and shall be maintained by the permittee
to a pavement level by adding bituminous material until final settlement
has occurred. After final settlement has occurred, the temporary bituminous
concrete pavement shall be removed and the opening excavated to a
depth of 10 inches, and a pavement of Class B concrete 10 inches in
depth shall be constructed level with the existing pavement surface.
A layer of heavy six-by-six No. 6 gauge wire mesh reinforcing shall
be placed in the opening and extended fully into the cutback shelf
at a point for eight inches below the finished elevation. When temperature
is a factor in the proper curing of concrete materials, no concrete
shall be placed until such time as the contractor has, on site, the
proper insulating covers to protect the newly poured concrete.
D.
Nonpaved area. All grass or graveled area or sidewalk
areas disturbed within the Township right-of-way shall be reconstructed,
top soiled, seeded, sodded and mulched within 14 days of completion
of excavation. All concrete areas will be thoroughly compacted. These
limits may be waived by the Township Engineer only when abnormal temperatures
or inclement weather necessitates the same.
[Amended 6-23-2005 by Ord. No. 10-2005]
E.
All work shall be guaranteed for a period of 12 months.
A.
Insurance. The applicant shall present evidence satisfactory
to the Township Attorney of insurance sufficient to indemnify and
save harmless the Township, its agents and servants against and from
all suits and costs of every kind and from all personal injury or
property damage resulting from negligence or from any phase of operations
performed under the permit. Said insurance shall provide limits of
not less than $1,000,000 of single limit or, in the case of a public
utility, may be in the form of a certificate of self-insurance.
B.
Performance guarantee:
[Amended 6-23-2005 by Ord. No. 10-2005]
(1)
The Township Clerk shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Township of Pemberton or filed a bond with a surety satisfactory to the Township Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in § 156-15 of this article.
(2)
A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least $20,000. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit set forth in § 156-15 exceeds said $20,000, the public utility applicant shall file a surety bond in an amount equal to the difference between the $20,000 and the required security deposit. A certified check for a lesser amount may be deposited, however, in the amount provided by § 156-15 for the work to be performed.
(3)
Upon satisfactory completion of all work permitted
or required under the permits, if the security deposit is $2,000 or
less, the Township of Pemberton will retain 100% of the security deposit
as security for maintenance of said work for a period not to exceed
one year from the date of completion, provided that if the security
deposit is in the form of a certified check, the permittee may deposit
a surety bond of $2,000 satisfactory to the Township Attorney in lieu
of said certified check. If the security deposit is greater than $2,000,
then the Township will release or refund 60% or more of the same with
the approval of the Township governing body and upon recommendation
of the Township Engineer, and the surety bond will be deposited for
maintenance as set forth above. All bonds and certificates of insurance
shall contain a provision that the same shall remain in full force
and effect for a period not to exceed one year after the last work
under any permit has been completed.
C.
Application fee and escrow deposit.
(1)
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in § 156-15. Applicants shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in § 156-15 of this article. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said fund shall be subject to increase on demand of the Township Engineer.
(2)
The Township shall pay from the escrow deposit fee
any costs incurred by its designated representatives or professional
consultants for inspection or other engineering services or legal
fees required in connection with the proposed opening or excavation
at the rate established.
[Amended 12-5-2002 by Ord. No. 26-2002; 6-23-2005 by Ord. No. 10-2005]
Fees shall be as follows:
A.
Application fee (nonrefundable): $75.
(1)
The Township Treasurer shall pay any application fees
deposited into the road opening escrow account from escrow account
to current fund.
B.
Performance surety deposit for guaranteeing restoration,
pavement, curbing or topsoil:
(1)
Annual corporate bond for one opening to 10 openings
will be $20,000. If the contractor exceeds 10 road openings, an additional
bond is to be filed with the Township.
(2)
An individual bond or certified check deposit for
one opening shall be in the amount of $2,000, which shall cover an
excavation of no larger than 50 square feet in area (four feet wide
by 12 1/2 feet long). An additional bond amount for all street
openings in excess of 50 square feet is to be computed as follows:
D.
Escrow deposit fee for engineering and legal costs.
[Added 4-4-2007 by Ord. No. 6-2007]
(1)
All road excavations, boring and other work as stated
on the permit application:
(a)
Minimum escrow deposit, including the first
five square yards on any trench, driveway or sidewalk opened, torn
up or excavated and including the first 20 linear feet of any curb
or gutter torn up or excavated: $200.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection D(1)(a), a plan shall be submitted to the Township Engineer, who shall estimate the total escrow deposit fee required based thereon. Said escrow deposit shall be deposited with the Township before the start of any work. If at any time during the course of the work it appears evident to the Township Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Township Engineer. The permit holder shall pay the Township said additional escrow deposit within two business days.
(2)
Payments from the escrow deposit fee for professional
services shall be based upon the Township’s contracted hourly
rates for the professional involved.
A.
Whenever the Township Council undertakes any action
to provide for the paving or repaving of any street, the Township
Clerk shall promptly mail a written notice thereof to each person
or entity owning sewers, mains, conduits or other utilities in or
under said street or any real property, whether improved or unimproved,
abutting said street. Such notice shall notify such persons that street
opening permits or openings, cuts or excavations and permits for work
to be done prior to such paving or repaving shall be submitted promptly
in order that the work covered by the street opening permit may be
completed not later than 45 days from the date of the governing body's
action, whether same be by resolution, Ordinance or Motion. The Township
Clerk shall also promptly mail copies of such notice to the occupants
of all houses, buildings and other structures abutting said street
for their information and to state agencies and departments or other
persons who may desire to perform excavation work in said street.
B.
Within said 45 days, every public utility company
receiving notice as prescribed herein shall perform such excavation
work, subject to the provisions of this article, as may be necessary
to install all repair sewers, mains, conduits or other utility installations.
In the event that any owner of real property abutting said street
shall fail within 45 days to perform such excavation work as may be
required to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner or his successors
in interest to make openings, cuts or excavations in said streets
shall be forfeited for a period of three years from the date of enactment
of said ordinance, resolution or the passage of such motion. During
said three-year period, no street opening permit shall be issued to
open, cut or excavate in said street unless, in the judgment of the
Township Engineer, an emergency, as described otherwise in this article,
exists which makes it absolutely essential that the street opening
permit be issued.
C.
Every Township department or official charged with
responsibility for any work which may necessitate any opening, cut
or excavation in said street is directed to take appropriate measures
to perform such excavation work within said forty-five-day period
so as to avoid the necessity for making any openings, cuts, or excavations
in the new pavement in said Township street during said three-year
period.
Upon the completion of any such work, the Township
Engineer shall file a report on a form to be furnished for that purpose,
which report shall contain the date of completion, the amount of deposit,
the cost to the Township for resurfacing the area so excavated or
opened, if the same shall have been necessary, and the balance, if
any, due to the applicant. Upon receipt of the report by the Township
Clerk, the balance due, if any, to the applicant on account of any
deposit shall be forthwith returned.
A.
It shall be unlawful for any person who intends to
cause an improvement to any private or municipal road or right-of-way
within the Township of Pemberton to undertake such construction unless
such person shall first have obtained a road improvement permit therefor
from the Township Council as herein provided.
B.
Procedure. The procedure for obtaining a road improvement
permit is as follows:
(1)
Two copies of an application and roadway design showing
the location and extent of the road improvement shall be submitted
to the Department of Inspections. If the proposed road is connected
with subdivision or site plan approval, processing of the application
will be made part of the subdivision or site plan application.
(2)
The Township Engineer will receive a copy of the application
and plans for review. After a review and field investigation is made,
which shall be done as expeditiously as is practicable, the Township
Engineer shall notify the Construction Code Official of the findings
and recommendations. If the Engineer recommends disapproval or indicates
that the information is incomplete, the Construction Code Official
shall notify the applicant forthwith and advise of any additional
information required. If the proposed road is part of a subdivision
or site plan approval, the Township Engineer shall also notify the
Secretary of the Zoning Board or Planning Board, whichever applies,
of his findings and recommendations.
(3)
Upon receipt by the Township Clerk of the final recommendation
and report from the Township Engineer, the matter shall be submitted
to the Township Council and its action.
(4)
All technical information submitted by the applicant
shall be prepared and certified by a New Jersey licensed engineer.
(5)
Prior to receipt of a building permit, the applicant
must:
(6)
Prior to the issuance of a certificate of occupancy
for any structure in connection with which a road improvement permit
was obtained, the applicant shall procure and the Department of Inspections
shall be in receipt of a certification from the Township Clerk that
all fees have been paid and a like certification from the Township
Engineer that all improvements have been installed satisfactorily.
C.
Permit fee. Payment for a road improvement permit
shall be made in the amount based on the following schedule:
(1)
A permit fee of $50 be paid with the application.
(2)
If the application for a road improvement permit is
not being processed as part of a site plan or subdivision application,
a minimum review escrow deposit of $200 shall be made by the applicant
with the Township Clerk to cover the initial cost of engineering review.
The review escrow will be required to be replenished as necessary.
(3)
An inspection escrow in the amount of 6% of the performance
guaranty as prepared by the Township Engineer shall be posted with
the Township Clerk. The inspection escrow shall be posted after the
application has been approved and before the road improvement permit
has been issued. No road construction shall take place prior to the
issuance of the permit.
D.
Standards.
(2)
Standards for paper streets and existing rights-of-way,
and as directed by the Township Council, shall be as follows:
(a)
A minimum width of 27 feet measured 13 1/2
feet from each side of the right-of-way center line, cleared of all
organic material, including brush, stumps, roots and underbrush. Intersections
shall be cleared to a minimum width of 33 feet at least 25 feet from
said intersection.
(b)
An adequate gravel base of eight inches thick
of such quality as to conform to the New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction (Type 2,
Class B). The determination of adequate base shall rest with the Township
Engineer who may require that the applicant shall take representative
samples and have a certified testing laboratory certify to the analysis
and conform to New Jersey State Specifications.
(c)
A wearing surface of two inches FABC 1, constructed
in accordance with the New Jersey State Highway Department Standard
Specifications for road and bridge construction.
(3)
A minimum of a ten-year storm will be used as design
criteria for drainage.
(4)
If, in the opinion of the Township Engineer, a road
profile and cross sections are necessary, they shall be furnished
by the petitioner.
(5)
Any criteria other than those listed above, such as
extension of existing utilities, etc., will be considered in the interest
and protection of the Township.
(6)
The Township Council may increase the above requirements
if they shall serve to benefit the Township.
(7)
Road Paving Escrow Trust Fund. For the purpose of
subsection, the word "roads" shall include all municipal streets,
roads, lanes, trails, avenues and the like.
[Amended 2-1-2001 by Ord. No. 1-2001]
(a)
Background. The paving of unpaved roads shall
be borne by the residents constructing and maintaining home(s) and/or
commercial building(s) thereon. Any developer seeking to construct
a dwelling or commercial building on an unpaved road within the Township
of Pemberton shall comply with this provision.
(b)
Creation of fund. The Road Paving Escrow Trust
Fund is hereby created. The Township Business Administrator and Chief
Financial Officer shall be responsible for maintaining said fund and
reporting to Council semiannually as to its contents. The fund shall
not be commingled with the general funds of the Township of Pemberton.
(c)
General requirements. Prior to the issuance of a permit for construction of a dwelling and/or commercial building on an unpaved road within the Township of Pemberton, the developer shall pay money into the Road Escrow Trust Fund in accordance with Subsection D(7) below.
(d)
Calculation of contribution. An individual or
entity subject to the provisions of this subsection shall be required
to pay $50 per linear feet of roadway. The amount of linear feet that
the individual or entity shall be responsible for shall be that necessary
to pave the road frontage of the property to be developed, whether
or not access will be gained from such road.
(e)
Fund maintenance and use. Nothing contained
herein shall require the Township to undertake the paving of any road.
The amounts contributed by an individual or entity subject to the
provisions of this subsection into the Road Paving Escrow Trust Fund
represent only 1/2 of the road surface. When sufficient funds exist
to pave an unpaved road within the Township, the Township Business
Administrator, with input from the Township Engineer, shall recommend
the prioritization and paving of unpaved roads to the Township Council.
Only those unpaved roads having individuals or entities thereon that
contributed to the fund shall be eligible for paving under this subsection.
To the extent possible, money dedicated to the Road Paving Escrow
Trust Fund shall be used on the road for which it was submitted. The
Township Council shall ultimately decide which roads shall be paved
following consideration of the Township Business Administrator's recommendations.
(f)
Enforcement. The Township Business Administrator,
assisted by those he deems necessary, shall be responsible for the
enforcement of this subsection.
Any person, company, firm or corporation who
or which shall violate any of the provisions of this article shall,
upon conviction of such violation, be subject for each offense to
a fine not exceeding $1,000 or imprisonment for a term not exceeding
90 days, or both. In case of failure to restore pavements or roads
or streets as hereinabove provided, after written notice by the Township
Clerk to do so, each day that such pavement, roads or streets remain
unrestored shall constitute a separate offense.
