[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:
[Added 9-3-1997 by Ord. No. 97-5]
[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.
It shall be unlawful for any person, firm or
corporation to fill the gutters along any Township road or to obstruct
or damage any Township road by spilling or throwing stones, dirt or
other materials thereon.
As used in this article, the following terms
shall have the meanings indicated:
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.
