Township of Carneys Point, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Carneys Point as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 51.
Abandoned excavations — See Ch. 90.
Jitneys — See Ch. 123.
Peddling and soliciting — See Ch. 157.
Sewers — See Ch. 173.
Soil removal — See Ch. 178.
Taxicabs — See Ch. 191.
Abandoned vehicles — See Ch. 200.
Vehicles and traffic — See Ch. 204.
[Adopted 12-27-1938 as Ord. No. 35]

§ 182-1 Conformance required.

All curbs, gutters, sidewalks and/or coping constructed in the streets and roads of the Township shall conform to the following dimensions and specifications.

§ 182-2 Combination curb and gutters.

[Amended 5-20-1985 by Ord. No. 393]
The dimensions of combination curb and gutters shall be eight inches at the top of the curb, with the face of the curb on a one-and-one-half-inch batter, six inches deep to the gutter and 12 inches deep in the back. The gutter shall be six inches thick and extend 24 inches from the back of the curb. Corners at curb intersections are to be rounded with a curve of at least a twelve-foot radius except by permission of the Township Committee upon recommendation of the Township Engineer. Galvanized armor bar shall be placed on all curved curbs at intersections. It shall be inset so that it comes flush with the concrete and shall be held in place until the concrete about it has hardened sufficiently to prevent displacement. Gutters on curves shall be eight inches thick.

§ 182-3 Separate concrete curbs.

Should a separate curb be installed, the dimensions for a separate concrete curb shall be six inches wide at the top and 12 inches at the bottom, and the depth of the curb shall be 24 inches.

§ 182-4 Forms.

The forms for the concrete shall be of clean lumber not less than two inches thick or standard metal forms except on curves where flexible strips may be used. They shall be set true to grade and line and oiled on the surfaces which come in contact with the concrete.

§ 182-5 Construction material standards.

All materials used in the construction of the curbs and gutters shall meet the requirements of the specifications governing materials of the State Highway Department and shall be manufactured in the United States.

§ 182-6 Concrete specifications.

[Amended 8-9-1965 by Ord. No. 183]
A. 
All concrete for curbs, gutters and sidewalks shall be ready-mixed concrete unless otherwise approved by the Engineer. In either case, concrete shall be equal to New Jersey State highway specifications for Class B concrete for curbs and gutters and for Class C concrete for sidewalks. Curb and gutter concrete shall contain at least 6 1/2 sacks of cement per cubic yard of concrete and shall obtain a strength of at least 4,000 pounds per square inch in 28 days. Sidewalk concrete shall contain at least six sacks of cement per cubic yard of concrete and shall obtain a strength of at least 3,500 pounds per square inch in 28 days. All concrete shall have a maximum water content of 5 1/2 gallons per sack of portland cement, including free water contained in its aggregates. Concrete shall have a slump of between two and four inches, with a maximum of a three-inch slump for concrete curbs.
B. 
Air-entraining agents shall be used to provide an air content of 6%, plus or minus 1%.
C. 
For ready-mixed concrete, the producer shall certify that the concrete meets the above specifications, including the quantities of materials used in making the concrete, together with the designed slump and air content.
D. 
Job-mixed concrete will not be permitted except under special conditions. Job-mixed concrete shall produce concrete equivalent to ready-mixed concrete, and the mixing and equipment shall meet the approval of the Township Engineers.

§ 182-7 Placement of concrete in forms; removal of forms and covering of concrete.

The concrete shall be placed in the forms to make a monolithic slab that is the same mixture throughout. The forms may be stripped in 24 hours, and then the concrete may be kept covered with wet hay or wet burlap and kept moist for at least five days, with seven days advised.

§ 182-8 Expansion joints.

Expansion joints shall be constructed every 20 feet and placed across the curb and gutter and/or sidewalk and/or coping the full width of the concrete. The joint shall be of bituminized felt or sheets of solid bitumen such as is used in standard pavement expansion joints and shall meet the requirements of the State Highway Department, and it shall be not less than 1/2 inch in thickness. Where sidewalks and curbs abut, they shall be separated by an expansion joint of 1/2 inch in size, the same as used in the curbs.

§ 182-9 Sidewalks.

All sidewalks shall be at least four inches thick and shall contain the same mix as is required for curb and gutters and shall be not less than six feet in width except driveways hereinafter provided for.

§ 182-10 Driveways.

All driveways shall be at least eight inches thick and shall be constructed of the same ingredients and proportions as required for curbs and gutters and sidewalks. Driveways shall start at the outer edge of the gutter and extend to the property line. The curb on driveways shall rise two inches above the gutter at the gutter line.

§ 182-11 Applications.

Any person or persons who is to construct any concrete work under the provisions of this Article shall make application to the Township Committee through the Building Inspector before constructing any curbs, gutter, sidewalk and/or coping in the streets or roads of the Township stating the location, owner and approximate dimensions. The Township Committee shall provide lines and grades for all curbs, gutters, sidewalks and/or coping, and no curbs, gutters, sidewalks and/or coping shall be constructed until such lines and grades are given. The Township Engineer shall provide a certificate showing that said lines and grades have been given by him. The ower and/or the contractor shall provide a certificate to the Township Committee that the curb, gutter, sidewalk and/or coping has been constructed in strict conformity with the above specifications, lines and grades and inspected and signed by the Building Inspector.

§ 182-12 Rebate.

[Amended 8-16-1954 by Ord. No. 105; 8-9-1965 by Ord. No. 183; 9-10-1980 by Ord. No. 341]
The person who constructs any concrete curb and gutter, with the approval of the Township Committee, under the provisions of this Article shall receive a rebate after the filing of a certificate with the Township Committee showing that the work conforms to lines and grades and specifications as provided in this Article. The rebate shall be $2 per linear foot for six-inch curb and eight-inch gutter. No six-inch concrete gutters shall be constructed after the date of this Article. No rebate will be made for concrete sidewalks.

§ 182-13 Curb and gutter construction required.

[Added 9-10-1980 by Ord. No. 341]
No person shall erect any dwelling, business or industrial structure on a lot fronting on a public street in the Township of Carneys Point without first constructing a curb and gutter in front of the property on which the building is located.

§ 182-14 Location of curbs and gutter on plot plan.

[Added 9-10-1980 by Ord. No. 341]
Every applicant for a building permit shall, on the plot plan submitted herewith, indicated thereon the location of curbs and gutters and, if required, pavement.

§ 182-15 Lines and grades to be obtained from Engineer.

[Amended 9-10-1980 by Ord. No. 341]
Before applying for a building permit, each applicant governed by the provisions of this Article shall obtain from the Township Engineer lines and grade, and all curbs and gutters and road improvements made shall be to the line and grade so established by the Township Engineer.

§ 182-16 Permit fee.

[Amended 9-10-1980 by Ord. No. 341]
The person or persons constructing any concrete curb, curb and gutter, sidewalk and/or coping shall make application to the administrative authority for a permit to construct such concrete work and shall pay a fee of $1.50 with the application.

§ 182-17 Prerequisites for certificate of occupancy.

[Added 9-10-1980 by Ord. No. 341]
No certificate of occupancy for any building shall be granted by the Building Inspector until and unless the construction of curbs and gutters is completed and approved as to location, grade, materials and workmanship after inspection thereof by the designated Township official.

§ 182-18 Violations and penalties.

[Amended 9-10-1980 by Ord. No. 341; 5-20-1985 by Ord. No. 393]
Any person violating any of the provisions of this Article shall be subject to a penalty of imprisonment of a term not exceeding 90 days or a fine not exceeding $1,000, or both.
[Adopted 1-28-1987 by Ord. No. 413[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Street Openings, adopted 6-9-1976 by Ord. No. 279, as amended, and Art. III, adopted 10-12-1983 by Ord. No. 372, as amended.

§ 182-19 Obstructing or damaging roads prohibited.

It shall be unlawful for any person, firm or corporation to disturb, tear up, obstruct, damage or destroy any Township road in any manner whatsoever by any vehicle of any kind or by any drag attached thereto or by any other implement or appliance.

§ 182-20 Spilling materials into roads or gutters prohibited.

It shall be unlawful for any person, firm or corporation to fill up the gutters along any Township road or to obstruct or damage any Township road by spilling or throwing stones, dirt or other materials thereon.

§ 182-21 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ROAD
Any and all roads, highways, streets or avenues owned or under the control of the Township of Carneys Point for the full width thereof.

§ 182-22 Prerequisites to opening streets.

No person, firm, partnership or corporation shall open or dig a trench in any public road, street or highway of this Township without having first done each of the following:
A. 
Made a written application therefor to the Township of Carneys Point in the County of Salem, on forms to be provided by it, and supplied a map or sketch of the project.
B. 
Paid the proper fee and escrow to said Township for such opening or trench, in the amount specified by § 182-26.
C. 
Given the Township a cash or surety company bond, in the amount specified by § 182-25, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond but shag not be less than $50. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep in continuing effect and posted with the Township Clerk a combination performance and maintenance bond for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this chapter and shall be approved as to form by the Township Solicitor.
D. 
Received from the Township a written permit for the specific opening or trench.

§ 182-23 Permit required to open streets.

No person, firm or corporation shall direct or cause any employee, agent or contractor of such person, firm, partnership or corporation to open or dig a trench in any public road, street or highway until a written permit for such opening or trench has been issued by the Township.

§ 182-24 Permittees' responsibilities; construction standards.

[Amended 4-23-1997 by Ord. No. 611; 2-13-2002 by Ord. No. 712]
Each permittee shall, for each opening or trench for which the permittee is responsible:
A. 
Have the trench or opening dug promptly after the permit aforesaid is granted.
B. 
Have the material which is taken from the opening or trench placed so as not to interfere with vehicular and/or pedestrian use of the street and/or highway.
C. 
Have proper and ample guards, barricades, signs and lights maintained on the site to sufficiently warn users of the road, street or highway of the dangers attendant to the project, from the time the excavation is begun until the time the opening or trench is completely restored and reopened to public travel.
D. 
Assume full liability for any and all injuries caused by the negligence of the permittee or the employees or agents of the permittee in constructing such opening or trench as well as in its maintenance or closing.
E. 
Keep said opening or trench open a minimum period of time to accomplish the purpose of the permittee and close such opening or trench as soon as possible thereafter.
F. 
Comply with the following standards for such openings and trenches in public roads, streets and highways:
(1) 
Protection for traveling public. The permittee shall keep such opening or trench properly guarded and at night have lights placed thereat and, in doing the work, interfere as little as possible with the travel along the road and open no greater part of the road at any time than shall be allowed by the permit.
(2) 
Protection from suits. The permittee shall save harmless said Township of Carneys Point, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee, his agents or servants in connection with the performance of the work covered by the permit.
(3) 
Time limit. The opening or trench shall be backfilled and semipermanently patched immediately, and, when appropriate, in accordance with the requirements of Subsection F(7)(g) hereof. In case the work has not been completed before the day of expiration, as shown on the permit, and the permittee has not obtained a new permit, the Township may, if it deems advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued.
(4) 
Maintenance. The restoration of the opening or trench shall be maintained by the permittee for one year after completion.
(5) 
Excavation.
(a) 
Except in the case of emergency, the applicant shall give a forty-eight-hour notice to the Superintendent of Public Works and the Township Engineer prior to making an opening.
(b) 
No opening shall be commenced on a Saturday, Sunday or holiday, except in case of emergency.
(c) 
On a bituminous-surface-treated road, the edges of the opening shall be cut straight through the bituminous surface before the trench is excavated.
(d) 
The work shall be so conducted as not to interfere with the water, sewer or gas mains or any connections with buildings until permission of the proper authorities shall have been obtained. No excavation which will damage trees shall be made without the approval of the Township Engineer.
(6) 
Backfilling. Before commencing any backfilling at the excavation, the permittee shall arrange for an inspection by the Superintendent of Public Works for Carneys Point Township. Backfilling at the site shall not commence until the approval of the Superintendent of Public Works is granted. All excavated material shall be removed from the site and new select material, Zone 3, shall be used to backfill the excavation. Backfill material shall be placed in layers not exceeding 12 inches in depth with each layer being mechanically tamped until thoroughly compacted with a Jumping Jack Compactor or equivalent.
(7) 
Restoration of surface paving and surface paving foundation. After the backfilling of the opening or trench has been completed, as above specified, the restoration of the pavement shall be governed by the following applicable rules:
(a) 
In the case of any opening or trench in an earth shoulder, the permittee shall restore the top four inches of the trench or opening with material capable of supporting the growth of grass and shall fertilize and seed the surface with grass seed.
(b) 
In the case of a gravel pavement, the permittee shall fill in the top 12 inches of the excavated trench or opening with compacted stateapproved 1-5 road gravel.
(c) 
In the case of a penetration macadam road which consists of broken stone of various sizes, the permittee may salvage the broken stone and replace it in the top of the trench similar to the original pavement and cover it with two inches of hot-mixed bituminous concrete.
(d) 
In the case of a gravel-based bituminous concrete road, the permittee shall restore the surface with eight inches of compacted stateapproved 1-5 road gravel covered with two inches of bituminous stabilized base, Mix I-2, and two inches of FABC-1, Mix 1-5, top pavement or surface and base similar to existing road, whichever is greater.
(e) 
In the case of bituminous-treated gravel road, the permittee shall restore the surface with 12 inches of compacted state-approved 1-5 gravel covered with two inches of FABC-1, Mix 1-5.
(f) 
In the case of a concrete surface, the permittee shall reconstruct a concrete foundation and shall restore the reinforcement and the concrete pavement as directed by the Township Engineer.
(g) 
When asphalt or concrete surface is excavated, the permittee shall place semipermanent patch on the opening using RR Patch (cold patch) upon completion of excavation and proper compacting of all material. Semipermanent patch shall remain in place for a minimum of 60 days but not more than 120 days.
(h) 
In all instances, the permittee shall provide for sealing all permanent patches with flexible material which will prevent water from penetrating into the patched area.
(i) 
In the case of any special condition, the permittee shall restore the trench or opening as directed by the Township Engineer.
(j) 
In any case, if the Township is required to restore the pavement, the charges shall be billed to the permittee on the completion of the work by the Township. In addition to any other costs billed pursuant to this subsection, the permittee shall pay a $500 administrative fee to the Township.

§ 182-25 Bond.

A. 
Each applicant for a permit for such opening or trench shall post a cash or surety company bond with the Township to cover the estimated costs of closing the particular opening or trench for which the application is being made, according to the schedule of estimated costs as from time to time may be set by the Township Committee.
B. 
Each such surety bond shall be executed by the permittee as principal therein, and the surety company shall be the surety therein, which surety company shall be one licensed to do business in the State of New Jersey.
C. 
Upon completion of the project by the permittee and the restoration of the public road, street or highway, in accordance with this article, the permittee shall receive back his said performance bond upon proper written application therefor and upon approval thereof by the Township Committee and upon posting of the maintenance bond or cash described in § 182-22.

§ 182-26 Permit fees and escrow.

[Amended 2-13-2002 by Ord. No. 712; 10-6-2010 by Ord. No. 848]
A. 
Each applicant for a permit for repairs shall pay a permit fee of $100 and an inspection fee of $150. Said fees shall be nonrefundable. The inspection fee shall be utilized to defer the inspection cost of the Township and shall be made payable to the Township separately from the permit fee by cash or certified check.
B. 
Each applicant for a private road opening permit shall pay a permit fee of $100 and post an escrow with the Chief Municipal Finance Officer for Carneys Point Township $250, plus $8 per square foot of opening in asphalt or concrete surfaces. For all surfaces other than asphalt or concrete, the escrow shall be $250, plus $2 per square foot of opening. The escrow deposited pursuant to this section shall be remitted by cash or certified check and be paid separately from the permit fee. Said escrow shall be used by Carneys Point Township in order to restore the excavation in the event that the permittee does not do so in compliance with all provisions of the Carneys Point Township Code. Once the opening has been closed with permanent patch for one year, the escrowed funds shall be released to the applicant, provided that the permanent patch is in a satisfactory condition as determined by the Carneys Point Township Superintendent of Public Works. The fee and escrow required under the provisions of this section shall accompany the application when it is initially filed with the Township or its representative.

§ 182-26.1 Escrow account for construction of utilities.

[Added 10-24-1990 by Ord. No. 497; amended 10-6-2010 by Ord. No. 848]
A. 
"Utility," as used in this article, shall mean any system, such as water, sewer, electricity, telecommunications, etc., which services the public.
B. 
Each applicant for a road opening permit for the construction of utilities shall pay a permit fee of $100 plus escrow fees. The applicant shall post an escrow with the Township Treasurer in the amount of 3% of the approved cost of construction. Said escrow account shall be utilized to pay for all professional services which shall be required in order to administer Chapter 182 of the Carneys Point Township Code as it affects the proposed street opening, including engineering, legal and other expenses connected with the application. The applicant shall pay the permit fee and application by two separate checks to the Township.
C. 
Said escrow shall be administered by the Township Treasurer as follows: Whenever engineering, legal or other services are rendered in connection with an application made by a public utility, said expenses shall be paid from the escrow posted by the public utility. Notice of such payment shall be provided, in writing, to the public utility. Said notice shall advise the public utility as to the service rendered, the date the service was rendered and the location of the street opening. The public utility shall then reimburse the escrow in an amount equal to the expenses paid from the escrow. Said reimbursement shall be made within 30 days of the date that notice is provided to the utility.
D. 
In the event that there shall be a dispute between the Township and the public utility as to the validity of any charge or expense paid from the escrow established under this section, notice of such must be provided by the public utility to the Township Treasurer within 30 days of the date that the public utility receives notice of the charge or expense which is disputed. Any dispute shall be resolved by the Township Committee in its sole discretion.

§ 182-27 Duties of Township Engineer and Road Supervisor.

Unless otherwise specified for the Road Supervisor, the Township Engineer shall be the agent and representative of this Township to:
A. 
Receive all applications, fees and bonds hereunder.
B. 
Inspect the sites of the proposed openings or trenches.
C. 
Inspect openings or trenches, warning guards, barricades, signs and lights maintained or to be maintained at the respective sites by the permittee.
D. 
Inspect the closing of openings or trenches and the restoration of public roads, streets and highways.
E. 
Notify the permittee or the Township, or both, of any failure, refusal or neglect on the part of the permittee or his employees or representatives to comply herewith.
F. 
Make complaint of and prosecute for and on behalf of the Township any offense under this Article.
G. 
Administer the provisions of this Article for and on behalf and in the name of this Township, under the direction of and for the Township Committee.
H. 
Inspect the trench opening at the end of the maintenance period and report any discrepancies. Upon receipt of a favorable report with respect to the condition of the trench opening from the Road Supervisor, the Township Committee shall discharge the maintenance bond or return the cash deposit, as the case may be.

§ 182-28 Responsibility for damages.

Nothing in this Article shall be understood or construed by any permittee or other person to absolve any permittee or his employees, agents or contractors of any responsibility for any damage done to any person or property in opening or digging a trench in any public road, street or highway.

§ 182-29 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.[1]
[1]
Editor's Note: Former Art. II, Closing of Streets, which immediately followed hereafter, adopted 10-12-1983 as Ord. No. 372, as amended, was repealed 1-28-1987 by Ord. No. 413.