Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 12-2-1999 by Ord. No. 25-1999[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 156, Streets and Sidewalks, adopted 8-17-1984 by Ord. No. 12-1984, with the exception of former § 156-4, Road improvement permit. Former § 156-4 is now included as § 156-18.
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:
ROAD EXCAVATION
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.
OWNER
Any person, corporation, private or public utility or other entity on whose behalf a street opening is performed by a permittee.
PERMITTEE
Any person, firm or corporation granted a permit hereunder.
PUBLIC UTILITY
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.
STREET
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 Municipal Utilities Authority 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.
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:
(a) 
Paved area: $5 per square foot.
(b) 
Concrete curb: $20 per lineal foot.
(c) 
Sidewalk or driveway: $10 per square foot.
(d) 
Gravel streets: $3 per square foot.
C. 
(Reserved)[1]
[1]
Editor's Note: This reserved subsection was added 4-4-2007 by Ord. No. 6-2007.
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:
(a) 
Complete all improvements required as a condition of the grant of the road improvement permit by the Township Council; or
(b) 
Post an escrow or a performance guaranty as determined by the Township Engineer in an amount to insure the installation of the required improvements.
(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.
(1) 
Standards for road improvement shall be in accordance with roadway construction requirements outlined in the Subdivision Ordinance[1] of the Township.
[1]
Editor's Note: See Ch. 159, Subdivision of Land.
(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.