Township of Mount Laurel, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mount Laurel as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-1979 by Ord. No. 1979-10]
The construction, maintenance, repair and reconstruction of sidewalks within the Township of Mount Laurel shall be the responsibility of the abutting landowners, and said sidewalks shall be so constructed, maintained, repaired, altered, relaid and/or reconstructed at the expense of the abutting landowners as provided by the provisions of N.J.S.A. 40:65-14 et seq.
Whenever the Director of Public Works of the Township of Mount Laurel certifies to the municipal governing body that any sidewalks are in need of construction, repair, alteration, relaying and/or maintaining, the expense of such construction, repairing, altering, relaying and/or maintaining shall be borne by the landowners abutting said sidewalk(s).
The Director of the Department of Public Works shall have the authority under the provisions of this article to designate subordinate employees in the Department of Public Works as representatives in performing the duties required of the Director in the administering of the provisions of this article, and the Director may further designate employees within the Department of Public Works for the purpose of inspecting such sidewalks. The Director of Public Works, prior to the performance of any work on any sidewalk by the abutting landowner, shall ascertain through his representatives the conditions affecting said existing sidewalks, and if in his determination said condition is due to the growth of roots of any shade tree owned by the Township of Mount Laurel, he shall order that said roots be removed by employees of the Township of Mount Laurel at no cost to abutting landowners. The Director thereafter shall notify and certify to the Township Council the condition existing and the work to be performed by the abutting landowner prior to the Township Council's serving notice on said landowner or occupant of said lands pursuant to the provisions of this article.
The Township Council, upon receipt of the certification set forth in § 135-2 hereof, shall determine the necessity of such improvement, and, if it deems that said improvement is necessary, it shall, by resolution, cause a notice in writing to be served upon said abutting landowners or occupants of said lands, requiring the necessary specified work to said sidewalk be done by the said owner or occupant within a period of not less than 30 days from the date of service of such notice. The Township Council may, at its discretion and due to inclement weather, extend said period for a longer period than 30 days, provided that said period shall not exceed 90 days.
Whenever any said abutting lands are unoccupied and the owner cannot be found within the municipality, the same may be, mailed, postage prepaid, to his or her post office address, if the same can be ascertained. In the event that such owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in a newspaper published in the State of New Jersey and circulated within the Township of Mount Laurel.
In the event that the owner or occupant of the abutting land has not complied with the requirements of said notice, the Township Council shall file or cause to be filed with the Tax Collector due proof of service of publication of the aforesaid notice. The Township Council shall, after the filing of said notice with the Tax Collector, order the necessary work to be performed in accordance with said notice by the Director of Public Works and cause the same to be paid for from the funds of the Township of Mount Laurel.
A. 
The Director of the Department of Public Works or his duly designated representative shall certify to the office of the Tax Collector the cost of the performance of said work. Upon the filing of the said certification by the Director of the Department of Public Works or his duly designated representative with the office of the Tax Collector, such certification shall thereafter be and become a lien upon said abutting lands in front of which such work was done to the same extent that assessments for local improvements are liens in the municipality.
B. 
The Tax Collector shall collect the moneys so expended in the same manner as assessments for local improvements as provided by the statutes of the State of New Jersey, and said lien shall bear interest at the same rate as an assessment for local improvements. The Tax Collector may, with the consent of the Township Council, institute a suit in the courts of the State of New Jersey for the collection of the amount of said lien from the owner of said lands, as disclosed on the tax assessment list of the Township of Mount Laurel at the time of the performance of said work.
C. 
The Tax Collector shall credit all moneys from the performance of said work to an account to be established by the Tax Collector for performance of said work as set forth in this article by the municipality.
[Adopted 10-2-1967 by Ord. No. 1967-14]
It shall be unlawful for any person, persons, firm, firms, corporation or corporations to make any excavation in, tear up or in any way impair the surface of any Township road or street in the Township of Mount Laurel for the laying, replacing or repairing of any water, gas or sewer pipe, or for making any drain, laying any telephone conduits or for laying or replacing, repairing or changing any track or for any other purpose, without a written permit being first had and obtained from the Township of Mount Laurel.
[Amended 12-3-1979 by Ord. No. 1979-30]
The application for such permit shall be made to the Director of Public Works. Said application shall be made in writing, signed by the applicant, specifying the place, kind of excavation and the time required to make said opening, backfill and complete said work as specified in § 135-11 below.
[Amended 12-3-1979 by Ord. No. 1979-30]
The applicant shall keep the excavation properly guarded both day and night and shall have lights placed thereat and there maintained throughout the performance of the work and shall interfere as little as possible with travel along said street or road, and no greater part of said street or road shall be opened than shall be allowed by said Director of Public Works.
A. 
Requirements and standards for excavation and reconstruction shall be as follows:
(1) 
The road surface shall be cut vertically with a sharp tool along straight lines before excavating.
(2) 
Backfill material shall be clean granular material deposited in layers not exceeding 10 inches in depth and thoroughly tamped. Backfill shall be placed to a level two inches below the top of adjacent paved surface. For gravel roads or earth shoulders, a layer of eight inches of thoroughly compacted gravel shall be placed on the backfill.
(3) 
Temporary paving of bituminous concrete or cold patch two inches in minimum thickness shall be placed and compacted. The applicant shall be responsible for keeping the temporary paving flush with the adjacent surface during the settling period.
(4) 
Thirty days after the initial placing of the temporary paving or at such later date as the designated official of the Department of Public Works may direct if in his opinion there is a reasonable need for the applicant to maintain said temporary paving for a period of time longer than 30 days, the temporary paving and backfill shall be removed to a minimum depth of eight inches below the adjacent surface. A base of six inches in minimum thickness shall be constructed according to one of the following, as specified by the said designated official of the Department of Public Works:
[Amended 12-3-1979 by Ord. No. 1979-30]
(a) 
Six inches of quarry-blended stone.
(b) 
Two three-inch courses of bituminous stabilized base.
(c) 
Six-inch concrete slab.
(5) 
A wearing surface of two-inch minimum thickness FABC shall be placed and properly compacted. All joints between new and existing paving shall be sealed.
B. 
Materials and methods of construction for the reconstruction of trench openings and the replacing of pavements thereon that may not be specified or adequately specified herein shall conform to all respects to the requirements set forth in the 1961 Standard Specifications of the New Jersey State Highway Department for Road and Bridge Construction.
[Amended 12-3-1979 by Ord. No. 1979-30]
A. 
No permit shall be granted by the Department of Public Works until the applicant has paid in cash to the Township of Mount Laurel or by certified check to the order of the Township of Mount Laurel or surety bond for the protection of the Township of Mount Laurel the amount based on the following schedule:
[Amended 6-1-2009 by Ord. No. 2009-11]
(1) 
Road openings, first five square yards: the sum of $50.
(2) 
Road openings, additional five square yards: the sum of $10.
(3) 
Boring, tunneling, or driving under road: the sum of $50.
B. 
An inspection charge for any excavation of $10 for the first 10 square yards and $2 for each additional 10 square yards will be deducted from the deposit where a deposit has been made. The remainder of the deposit will be refunded to the applicant upon completion and acceptance of the work by the designated official of the Department of Public Works.
C. 
Where there has been no cash deposit, said inspection fees shall be paid by the applicant immediately upon demand for same, and in no event shall the surety bond be released until said inspection fees have been paid by the applicant.
D. 
The cash deposit, bond estimates and inspection fees shall be determined by the Director of Public Works.
E. 
When it is deemed unnecessary by the designated official to excavate by breaking the surface of the road and the result can be obtained by driving pipes under the road, the same deposit must be made. No driving under the road will be allowed in sheet asphalt, bituminous concrete, bituminous macadam, brick or concrete surfaces except in the presence of the said designated official. Reasonable expenses of this inspection will be deducted from the amount deposited as may be determined by said designated official. In the event a surety bond has been posted, said reasonable expenses shall be paid by the applicant immediately upon demand for same, and in no event shall the surety bond be released until said reasonable expenses of inspection have been paid by the applicant.
[Amended 12-3-1979 by Ord. No. 1979-30]
Upon completion of the excavation and reconstruction of the road and after inspection by the Township Engineer and before the discharge of the performance guaranty by the Township Council, the permittee shall submit to the Township Council a maintenance bond or cash fund in the amount of 10% of the total cost of reconstruction of the road. Said performance guaranty shall be for the term of one year.
[Amended 10-17-1983 by Ord. No. 1983-31; 10-1-1984 by Ord. No. 1984-33]
Any person, persons, firm, firms, corporation or corporations who shall violate any of the provisions of this article shall be subject to imprisonment in the county jail for a period not exceeding 90 days or a fine not exceeding $1,000, or both.