Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1308 as Ch. 12.04 of the 1998 Code]
[Amended 5-14-2013 by Ord. No. 2013-16]
Every owner or occupant of property within the Township shall maintain and be responsible for the proper upkeep of that part of the street between the property line and the curb abutting his or her property, including corner areas adjacent to corner lots either within or without the property lines. Such upkeep shall include the proper maintenance and repair of the sidewalk in places where such sidewalk exists in accordance with the Americans with Disabilities Act. The owner or occupant of the property shall not be responsible for utilities, signs or curbs.
In the event any owner or occupant shall fail to properly maintain or repair the sidewalk which is his or her responsibility, the Township Administrator, upon a resolution of the Township Committee, may cause written notice to be served upon such owner or occupant, either personally or by certified mail, requiring that the sidewalk be repaired within 30 days or within such reasonable period of time depending upon the season of the year. Whenever any lands are unoccupied and the owner cannot be found within the Township, the same may be mailed, postage prepaid, to his or her post office address, if the same can be ascertained; in case such owner is a nonresident of the Township 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 circulating the Township.
In the event the owner or occupant of such lands shall not comply with the requirements of such notice, it shall be lawful for the Public Works Department of the Township, upon filing due proof of the service or publication of the aforesaid notice with the Township Clerk, to cause the required work to be done and paid for out of Township funds available for that purpose; the cost of such work shall be certified by the Department of Public Works to the Tax Collector; upon filing the certificate, the amount of the cost of such work shall become a lien upon the abutting lands in front of which such work was done to the same extent that assessments for local improvements are liens under general law and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate; in addition thereto, the Township may have an action to recover said amount against the owner of said lands in any court having competent jurisdiction thereof; a certified copy of the aforesaid certificate shall in such action be prima facie evidence of the existence of a debt due from said owner to the Township.
[Added 5-14-2013 by Ord. No. 2013-16]
Existing trees located within the right-of-way of Township streets and roads shall be maintained by the Township and may be removed as the Township deems appropriate. No new trees shall be planted within any Township right-of-way and no existing tree shall be removed without the written approval of the Township Administrator or his designee.
In the event the owner of property adjacent to a Township right-of-way desires to remove a tree in the right-of-way, either in conjunction with improvements or repairs to sidewalks or otherwise, they must obtain the written approval of the Township Administrator or his designee and shall be responsible for the cost of removal. Replacement of trees in the right-of-way shall not be permitted.
In the event of a violation of the prohibition on the planting of a tree in the right-of-way the Township shall have the right to remove the tree, assess the adjacent property owner for the costs of removal, and file a lien with the Tax Collector for the costs incurred.
[Amended 11-22-2005 by Ord. No. 2005-49; 5-11-2010 by Ord. No. 2010-15]
No street or road which has been dedicated to public use (whether accepted or not) shall be opened or improved unless a permit has been obtained from the Township Engineer authorizing such opening or improvement. No private street or road that the Township has agreed to maintain shall be opened or improved unless a permit has been obtained from the Township Engineer authorizing such opening or improvement.
[Amended 11-22-2005 by Ord. No. 2005-49]
Before any such street or road is opened or improved, the owner or developer shall make application in writing for a permit, which permit shall specify the nature and location of the opening or improvement to be made, and, if the street or road is to be improved, shall furnish to the Township Engineer a letter or satisfactory evidence showing that the subdivision in which the said street or road is located has been approved by the Planning Board. In addition, the owner or developer shall file with the Township Engineer six copies of a set of construction plans drawn by a professional engineer licensed to practice in the State of New Jersey. The plans shall show the alignment of the street or streets; center line profiles of existing ground and proposed finished grades; bench marks; monuments to be set when the streets are graded; the proposed location of pavement, storm drains, manholes, inlets, curbs at street intersections and at inlets; and an itemized list on the plans of the quantity of each item to be constructed. Such application shall be accompanied by a surety bond to the Township in form and amount and with surety satisfactory to the Township, conditioned for the improvement of such street in accordance with the requirements of this article.
No street, avenue or road in the Township of Montville shall hereafter be accepted as a public street or road until the same shall have been improved in accordance with the requirements herein.
All such streets shall be at least 50 feet in width and shall consist of a center portion, to be known as the "roadway," having a width of not less than 30 feet and a sidewalk area on each side of the roadway having a width of 10 feet. In all industrial zones the streets shall be at least 60 feet in width, with a roadway of not less than 40 feet and a sidewalk area on each side of the roadway having a width of 10 feet.
The owner or developer shall grade and pave the street in the following manner:
The grading shall be for an area measured 15 feet at right angles from the center line of the street plus additional grading required for sidewalks and slopes and in accordance with the typical section on file with the Township Clerk and made a part of this article.
The roadway shall be paved for a width of 30 feet, 15 feet on each side of the center line, with the following materials:
The base shall be of macadam five inches thick, consisting of two-and-one-half-inch stone bound with dry dust screenings.
A prime coat of asphaltic oil shall be placed on the base, consisting of Grade MC-0 or Grade MS-1, spread at the rate of 0.25 gallon minimum per square yard.
On top of the base shall be placed three inches of FABC-2.
All materials and installations shall be in accordance with the current specifications of the New Jersey State Highway Department.
At street intersections the roadway shall be paved full width within the areas of the limits of curb returns.
Concrete or Belgian block curbs, whichever is approved by the Planning Board, shall be constructed along all streets in accordance with the then-current New Jersey state highway specifications.
The crown of the roadway and the dimensions of the curb shall be as shown on the typical section and details on file with the Township Clerk.
The location of utilities shall be as shown on the typical section on file with the Township Clerk.
The size of the storm drains shall be approved by the Township Engineer.
Inlets, catch basins, headwalls, storm pipes and all other materials and installations, unless otherwise specified herein, shall comply with the requirements set forth in the then-current New Jersey state highway specifications.
Easements of a width sufficient to allow proper maintenance shall be provided for the outletting of all drains, pipelines, etc., to streams, existing store drains or other legal drainagecourses. Said easements shall be dedicated to the Township by approved legal procedures.
Permanent street signs shall be erected at all street intersections in accordance with the approved specifications therefor on file in the office of the Township Clerk at the Township Hall.
All construction work shall be subject to the inspection of the Township Engineer and to such inspectors as the Township Committee may appoint for the purpose. The developer shall be required to pay to the Township of Montville such amounts as the Township may expend for inspection fees, at prevailing rates per diem. Any and all materials found to be unsatisfactory or showing faults when tested in a reputable engineering laboratory to be designated by the Township Committee shall be removed and not used in such construction.
The requirements hereof shall be considered as minimum requirements for street improvements in the Township of Montville.[1]
Editor's Note: Original Section 12.04.110, Violations and penalties, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb cut, driveway or street on the public streets without first obtaining a permit from the Township Clerk, after approval by the Township Engineer.
An applicant for a permit hereunder shall file with the Township Engineer an application showing:
Name and address of the owner or agent in charge of the property abutting the proposed work area.
Name and address of the party doing the work.
Location of the work area.
Attached plans showing details of the proposed alteration.
Estimated cost of the alteration.
Such other information as the Township Engineer shall find reasonably necessary to the determination of whether a permit should issue hereunder.
A filing fee of as set forth in Chapter 169, Fees, shall accompany an application for a permit hereunder.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
When sidewalks, curbs, cuts, driveways or streets are to be altered simultaneously, only one permit and fee shall be required.
The following bonds shall accompany an application for a permit hereunder:
Construction maintenance. In cases where the estimated cost of the project shall exceed $5,000 the Township Engineer shall require a performance and maintenance bond, 20% of which shall be in the form of cash or certified check, to be filed with the application for a permit hereunder in an amount equal to 1/2 of the estimated cost of the project and conditioned that such work shall be done in accordance with the Township's standard specifications and guaranteeing the same for a period of three years. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this article, the Township Engineer shall order the completion of the work by the Township and shall recover the cost from permittee as required by law.
Indemnification. The Township Engineer shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the Township from all claims for damages or injury to other persons by reason of such alteration work, or to present evidence of satisfactory insurance to protect the Township's interest.
The Township Clerk shall issue a permit hereunder when the Township Engineer approves such issuance and finds:
That the work shall be done according to the standard specifications of the Township for public work of like character.
That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of egress to and from the property affected and adjacent properties.
That the health, welfare and safety of the public will not be unreasonably impaired.
All operations for which a permit is granted hereunder shall be under the direction and supervision of the Township Engineer.
The Township Engineer is hereby designated the enforcement officer to enforce the provisions of this article and is the agent acting for the Township Committee of the Township of Montville herein. However, this provision shall not be construed as depriving members of the Police Department of the power to prosecute violators hereof.
[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.