[HISTORY: Adopted by the Township Committee of the Township of Oldmans: Art. I, 1-4-1978 by Ord. No. 78-1 as Ch. 9 of the 1978 Code; Art. II, 11-2-1994 by Ord. No. 94-7 (Ch. 44 of the 1978 Code). Amendments noted where applicable.]
[Adopted 1-4-1978 by Ord. No. 78-1 as Ch. 9 of the 1978 Code]
All sidewalks, curbs, gutters and driveways in and along or connected to the streets and roads in the Township shall be of portland cement concrete or bituminous concrete and shall conform to the dimensions and specifications of this article.[1]
[1]
Editor's Note: Former Section 9.02, Curbs and gutters, which immediately followed this section, was deleted 9-3-1997 by Ord. No. 97-5.
[Amended 9-3-1997 by Ord. No. 97-5]
Should a separate curb be installed, it shall have a width of six inches at the top of the curb. The face of the curb shall have a depth of six inches to the pavement surface. The thickness of the curb at the pavement surface shall be seven inches. The thickness of the curb at the bottom shall be seven inches. The back edge of the curb shall be vertical and shall have a depth of 18 inches.
A. 
All materials used in the concrete construction of the curbs and gutters provided for in this article shall meet the requirements of the specifications governing materials of the Standard Specifications of the New Jersey Department of Transportation, meeting the test of 3,000 pounds per square inch, and shall be approved by the Township Engineer.
B. 
Before the forms for any such construction are laid, the earth beneath the proposed construction shall be excavated to a depth of four inches below the utmost depth of the proposed concrete construction, when the type of soil is such that the Township Engineer so designates, and the space so excavated backfilled with sand or other approved material and thoroughly tamped and shall be thoroughly sprinkled with water just before the concrete is placed thereon.
The concrete shall be three-thousand-pound specification. The concrete, when machine mixed, shall be mixed three minutes. Only sufficient water shall be used to make a pasty mixture after the completion of the mixing, with a slump not more than that required by the state specifications for concrete pavings. The concrete, when placed, shall be thoroughly spaded and tamped into the forms in layers of not more than four or five inches, but so as to make a monolithic mass that has the same mixture throughout.
The top surface of the concrete shall be finished with a wooden straightedge and rough troweled (no smooth troweling), and the exposed corners shall be rounded with a three-fourths-inch edger. At street intersections, the concrete curb shall be rounded with a curve having a minimum radius of 12 feet, unless otherwise specified by the Township Engineer. The forms shall be removed within 24 hours, and the surfaces that are to remain exposed shall be finished in a workmanlike manner and shall be cured in the manner required by the state standard specifications or by such method as approved by the Township Engineer consistent therewith.
Expansion joints shall be spaced a maximum of every 20 feet and placed across the section of the concrete construction for the full width and depth of the section. The joint shall be bituminized felt or sheets of solid bitumen such as is used in standard pavement expansion joints and shall meet the requirements of the State Department of Transportation Standard Specifications. The joints shall have a thickness of not less than 1/2 inch, and, where the sidewalks, curbs and driveways abut, they shall be separated by a joint of the same dimensions and specifications.
[Amended 9-4-2002 by Ord. No. 2002-5; 6-14-2023 by Ord. No. 2023-05]
A. 
Concrete sidewalks shall have a depth of at least four inches and width of at least four feet, unless otherwise specified by the Township Engineer and/or the appropriate Land Use Board, for the particular location. They shall have a slope upward of 1/8 of an inch to 1/4 of an inch per foot from the top of the curb inward, except at street intersections and adjoining driveways, in which case, the Township Engineer will furnish specific instructions about the manner of conforming to slopes of the sidewalk of the adjoining street or the driveway. Sidewalks shall be constructed in accordance with Section 5 of the New Jersey Department of Transportation Roadway Design Manual and the New Jersey Administrative Code, Title 16, Chapter 47.
B. 
Sidewalk maintenance.
(1) 
Premises owner to maintain sidewalks and curbs. The owner of any premises in the Township of Oldmans abutting a sidewalk or curb shall, at his/her own expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his/her own cost and expense, shall forthwith reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which required reconstruction or repair. This subsection shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where responsibilities for construction and maintenance are particularly delineated in § 110-38.
C. 
Notice to owner of unsafe condition. Where, in the opinion of the Code Enforcement Officer, Township Engineer or the Public Works Director, a sidewalk or curb is in an unsafe or hazardous condition, either shall inform the Zoning Officer, who will authorize a notice, in writing, to be served upon the owners of occupants of said lands requiring the necessary specified work to said curb or sidewalk to be done by said owner or occupants within the period not less than 30 days from the date of said notice. Whenever any lands are occupied and the owner cannot be found within the Township, said notice may be mailed, postage prepaid, to his or her post office address as it is ascertained from the latest tax rolls of the Township of Oldmans. In a case where an owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then a notice may be inserted for four weeks, once a week, in the official newspaper of the Township of Oldmans.
D. 
Failure to comply; work to be done by municipality. In the case where the owner or occupants of such lands shall not comply with the requirements of such notice, it shall be lawful for the Public Works Director, upon filing due proof of service or publications of the aforesaid notice, to cause the required work to be done and paid for out of the municipal funds available for that purpose. The cost of such work shall be certified by the Public Works Director to the Township Engineer, who shall verify the same and return it over to the Tax Collector. Upon filing these said certificates, the amount of the cost of such work shall be and become a lien upon said abutting lands in front of which such work was done, and collected in the manner provided by law for the collection of other assessments or liens; in addition, the Township of Oldmans, at its option, may maintain an action to recover the amount thereof against the owner of said lands in any court of competent jurisdiction.
E. 
Line and grade of sidewalks and curbs.
(1) 
All new sidewalks and curbs construction by an abutting owner shall be constructed in accordance with the line and grade established by the Township Engineer. All old and existing sidewalks are to be reconstructed or repaired in accordance with the existing line and grade unless such line or grade is changed by the Township Engineer. It shall be the duty of the abutting owner in all instances to make inquiry of the Township Engineer respecting such line and grade.
(2) 
All sidewalks and curbs constructed, reconstructed or repaired shall be in accordance with specifications in the Code of the Township of Oldmans.
F. 
Appropriation of funds; disposition of moneys. The Township may each year include in its annual budget an appropriation for curb and/or sidewalk repairs in addition to any existing maintenance fund, out of which appropriation all cost of construction and/or repair of curbs or sidewalks during the year may be charged when it becomes necessary for the Public Works Department to make such repairs and/or construction pursuant hereto. All moneys recovered or paid to the municipality under the provisions of this section, other than penalties as hereinafter set forth, shall be credited to the account out of which such work was paid.
G. 
Application for permit; fee. Whenever any curb or sidewalk is required to be repaired, reset or relaid in the Township of Oldmans, application for a permit shall be made by the owner of the abutting lands or his/her contractor to the Township Engineer, specifying grade, dimensions, mixed materials and method of construction or repair to be used. The Township Engineer shall examine said specifications and, upon approval, in compliance with all the provisions of this section, shall grant a permit to the applicant. Fees for the aforesaid permit shall be $1 per linear foot or curb repaired, or a dollar amount established by the Township Engineer to cover the estimate cost for review, approval, and inspection fees required to complete the work associated with the curb and sidewalk construction.
H. 
Violations and penalties.
(1) 
The failure of any applicant or owner or his/her contractor, servant or agent to construct or repair such curbs and/or sidewalks in accordance with the specifications filed by him/her for the purpose of securing that permit under the terms of this section shall be and constitute a violation hereof.
(2) 
Any person violating the terms of this section or refusing or neglecting to comply with any of the provisions hereof shall, upon conviction therefor, be subject to one or more of the following: a fine of not more than $1,000, imprisonment for a period not to exceed 90 days or a period of community service not to exceed 90 days, at the discretion of the court before whom such conviction is had.
(3) 
Each day's persistence in the things or acts prohibited by this section shall be and constitute a separate and distinct offense subject to any and all penalties prescribed in this section.
Concrete driveways shall have a depth of four inches and shall extend from the face of the curb to the edge of the street. The top of the driveway, at the face of the curb, shall be two inches above the gutter and shall slope upward therefrom, in a straight line, to the edge of the street, where the elevation shall be the same elevation that the sidewalk would be, if extended from the curb to the street line. All driveways shall be of the same ingredients and proportions as that required for curbs, gutters and sidewalks.
No sidewalk, curb, gutter or driveway shall be constructed in and along or connected to any public street, road or way within the Township without the property owner first having made an application, in writing, on the forms provided therefor, in duplicate, to the Township Engineer and providing the information required therein, and provided that the Engineer shall give the lines and grades for the installation.
Upon the installation of curbs, gutters and/or sidewalks in accordance with the specifications and procedures as provided for by this article and in places as designated and approved by the Township, the owner of the premises or his contractor, upon proof that said owner has received credit therefor, shall be entitled to the following rebate:
A. 
Curb and gutter: $1 per linear foot for the installation of combination curb and gutter.
B. 
Sidewalk: $0.10 per square foot, limited to a maximum width of six feet.
C. 
Curb without gutter: none.
[Adopted 11-2-1994 by Ord. No. 94-7 (Ch. 44 of the 1978 Code)]
[Amended 10-14-2020 by Ord. No. 2020-11]
A. 
It shall be unlawful for any person, firm or corporation to disturb, obstruct, dig, damage or destroy any Township road in any manner whatsoever by any vehicle, construction equipment, or any other implement or appliance. Additionally, no person shall obstruct or encumber any public sidewalk, street, alley, or any public space with boxes, signs, barrels, posts, fences, buildings, dirt, stones, bricks, rubbish, or any other material or thing whatsoever.
B. 
No person shall place in any public street, right-of-way, or on any sidewalk of any public street, any fixed or portable basketball net, backboard, or other equipment or apparatus for the playing of basketball or any other sport for which such apparatus can be used. Any person violating this provision shall be subject to a warning for the first violation, a fine of $100 for the second violation, and a fine not to exceed $250 for each subsequent violation; and after a second violation, the sports equipment shall be confiscated by the Department of Public Safety and impounded. Any such impounded equipment will be stored for a maximum of 30 days to allow the owner the opportunity to claim the property. The equipment may be claimed during regular business hours and will be released upon payment of a $100 confiscation and storage fee. If the equipment is not claimed within the thirty-day time period, it shall be disposed of in an appropriate manner.
As used in this article, the following terms shall have the meanings indicated:
ROAD
Any and all highways, streets, avenues or alleys owned or under the control of the Township of Oldmans for the full width of the right-of-way thereof.
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:
A. 
Made a written application therefor to the Township of Oldmans in the County of Salem on forms to be provided by the Township and supplied a map or sketch of the project to the Township.
B. 
Paid the proper fee and escrow to said Township for such opening or trench, in the amount specified by § 150-19.
C. 
Provided the Township a cash or surety company bond, in the amount specified by § 150-18, 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 shall not be less than $50. A utility company may, in lieu of giving a separate performance bond and 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 article 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.
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.
Each permittee shall accomplish each of the following items with respect to each opening or trench for which the permittee is responsible. The permittee shall:
A. 
Have the trench or opening dug within 30 days 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 public use of the 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 completely reopened to public travel.
D. 
Prior to construction, submit a Maintenance and Protection of Traffic Plan (MPT) to the Township Engineer for approval. The plan shall be prepared in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation.
E. 
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.
F. 
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. Said period shall not exceed 60 days.
G. 
Comply with the following standards hereby adopted in this Township 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 Township Engineer.
(2) 
Protection from suits. The permittee shall also save harmless said Township of Oldmans, 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 the pavement shall be restored within 60 days. In case the work has not been completed before the day of expiration, as shown on the permit, and the permittee has not requested an extension of time, the Township Committee may take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued, and if any extension of time beyond said date is needed for the completion of the work, a new application must be filed, if required by the Township Engineer.
(4) 
Maintenance. The restoration of the opening or trench shall be maintained by the permittee for one year after completion.
(5) 
Excavation.
(a) 
The permittee shall give a forty-eight-hour notice to the Township Engineer or his duly authorized assistant prior to making an opening, except in case of emergency.
(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. All rock within five feet of a water main or other pipe which will be damaged thereby shall be removed without blasting. No excavation which will damage trees shall be made without the approval of the Township Engineer.
(6) 
Backfilling. The permittee shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by using mechanical tamping equipment, and supply additional material when there is a deficiency. Whenever the Township Engineer or his duly authorized representative shall deem the material unsatisfactory for backfill, the permittee shall backfill the trench with select backfill material, Zone 3, compacted, and shall remove all excess material from the premises. The material shall be placed in layers not exceeding six inches in thickness, moistened where and as directed, and each layer mechanically tamped until thoroughly compacted.
(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 the 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 the top 12 inches of the excavated trench or opening with compacted, state-approved I-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, state-approved I-5 road gravel covered with two inches of bituminous stabilized base, Mix I-2, and two inches of FABC-1, Mix I-5, top pavement or surface and base similar to existing road, whichever is greater.
(e) 
In the case of a bituminous-treated gravel road, the permittee shall restore the surface with 12 inches of compacted, state-approved I-5 gravel covered with two inches of FABC-1, Mix I-5.
(f) 
In the case of a concrete surface, the permittee shall construct a concrete foundation and shall restore the reinforcement and the concrete pavement as directed by the Township Engineer.
(g) 
In the case of any special condition, the permittee shall restore the trench or opening as directed by the Township Engineer.
(h) 
In any case, if the Township is required to restore the pavement, the final charges, based on the schedule of costs, shall be billed to the permittee on the completion of the work by the Township.
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 § 150-15C.
A. 
Each applicant for a permit shall pay a fee of $250 for such permit. Said permit fee shall be nonrefundable and shall be utilized to defer the administrative costs of the Township.
[Amended 9-3-1997 by Ord. No. 97-5; 12-13-2023 by Ord. No. 2023-18]
B. 
In addition to the fee set forth herein, each applicant shall post an escrow with the Township Treasurer. Said escrow shall be in an amount determined as follows: the sum of $500 plus $2 per square foot of surface opened in concrete or bituminous surface or $500 plus $1 per square foot of surface opened in all surfaces except for concrete or bituminous surface. Said escrow account shall be utilized to pay all professional services which shall be required in order to administer this article as it affects the proposed street opening, including engineering, legal and other expenses connected with the application. Sums not utilized shall be returned to the applicant upon proper closing of the roadway and posting of the maintenance bond required pursuant to § 150-15C. If the applicant shall post such escrow but not proceed with the street opening as anticipated, the escrow shall be returned, less any charges made against said escrow, upon the abandonment or expiration of the permit.
C. 
If the Township Engineer determines that the escrow fund, as posted by the applicant, is insufficient to pay for engineering, legal and other expenses, then the applicant shall be required, upon written notice, to provide such funds as the Township Committee shall determine to be necessary to pay said costs. Upon notification, in writing, the applicant shall post said amounts within two business days. Failure to post the requested escrow shall result in the revocation of the permit.
D. 
The fee and escrow required under the provisions of this section shall accompany the application made when it is initially filed with the Township or its representative.
A. 
"Public utility," as used in this article, shall mean any public or quasi-public agency or entity under the jurisdiction of the Board of Regulatory Commissioners.
B. 
In order to satisfy the escrow requirements which are otherwise stated in § 150-19B, a public utility may post an escrow with the Township Treasurer in the amount of $1,000. Said escrow account shall be utilized to pay for all professional services which shall be required to administer this article as it affects the proposed street opening.
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 the public utility, said expenses shall be paid from the escrow posted by the public utility. Notice of such payment shall then 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 public utility.
D. 
In the event that a public utility does not post an escrow of $1,000 in accordance with this section, the public utility shall be required to abide by the provisions of § 150-19B, C and D. If the public utility fails to make reimbursement in accordance with Subsection C in a timely fashion, notice of such failure shall be provided to the public utility, and, thereafter, the public utility shall be required to abide by the provisions of § 150-19B, C and D.
E. 
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.
Unless otherwise directed by the Township Committee, the Township Engineer shall be the agent and representative of this Township to:
A. 
Inspect the sites of the proposed openings or trenches.
B. 
Inspect openings or trenches, warning guards, barricades, signs and lights maintained or to be maintained at the respective sites by the permittee.
C. 
Inspect the closing of openings or trenches and the restoration of public roads, streets and highways.
D. 
Notify the permittee and the Township Committee of any failure, refusal or neglect on the part of the permittee or his employees or representatives to comply herewith.
E. 
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.
F. 
Inspect the trench opening at the end of the maintenance period and report any discrepancies.
Nothing in this article shall be 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.
[Amended 9-3-1997 by Ord. No. 97-5]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. 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 for each separate offense.