[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.Â
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.Â
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.Â
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.Â
Requirements and standards for excavation and reconstruction
shall be as follows:
(1)Â
The road surface shall be cut vertically with a sharp
tool along straight lines before excavating.
(2)Â
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)Â
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)Â
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]
(5)Â
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.Â
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.Â
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]
B.Â
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.Â
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.Â
The cash deposit, bond estimates and inspection fees
shall be determined by the Director of Public Works.
E.Â
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.
