[HISTORY: Adopted by the Township Council
of the Township of Lower as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 86-21 (Sec. 12-1 of the 1975 Code)]
[Amended by Ord. No. 2002-5]
A.
No person, firm, corporation or partnership shall
tear up, excavate, open, perform work of any other nature on any road
or street under the control of the Township of Lower without first
having obtained and being in possession of a valid permit to do such
work issued by the Township Clerk's office with approval of the Director
of Public Works and paying a fee of $10 per square yard; the minimum
permit fee shall be $10; maximum of $50 to be opened and after posting
a sufficient security. The Lower Township Municipal Utilities Authority
shall be exempt from the payment of the fees set forth herein for
repair and maintenance of the LTMUA water and sewer system. All other
fees and provisions of this section shall apply.
[Amended 10-3-2005 by Ord. No. 2005-21]
B.
Any permit issued pursuant to this chapter shall become
null and void unless work is commenced pursuant to the permit, within
six months of issuance of said permit, unless the applicant has sought
and received an extension from the Director of Public Works for commencement
of the work.
C.
In addition to obtaining a permit from the Township
as outlined above, the applicant must likewise, where required by
law, obtain all necessary permits or licenses from the public utilities
whose lines, property or equipment may be affected by the opening,
excavation or construction.
D.
Subsequent to acquiring the necessary permits, the
applicants must give 24 hours notice to the public work's office before
commencement of any street opening, excavation or construction.
All applicants for a road opening, excavation
or construction shall prepare and file with the Township Clerk an
application obtained from the Clerk's office for review and approval
of the Director of Public Works. The application shall be accompanied
by a plan or drawing describing the portion of the road or street
to be opened or excavated, indicating the dimensions of the opening,
the purpose for the opening, and the expected duration of the opening
or excavation.
A.
During the period of time that the road or street
is under construction, excavated or opened, it shall remain, wherever
safely reasonable, open to traffic, and the applicant shall assist
the Township in providing for continuous vehicular access. In the
event detouring is necessary, it shall be coordinated with and approved
by the Director of Public Works.
B.
While under construction or excavation, the applicant
shall be responsible for providing barricades or other safety devices
or warnings as reasonably required by the Director of Public Works
so as to inform motorists, bicyclists, and pedestrians of any construction
or excavation. The applicant shall also promptly notify the Police
Department of any excavation or construction site and provide the
Police Department with the name, address, and phone number where the
applicant or his representative may be reached.
C.
The contractor shall be responsible for maintaining
safe working conditions at the site of construction or excavation.
The provisions of the "Construction Surety Code," as promulgated by
the Commissioner of Labor and Industry under the Authority of the
Construction Safety Act, P.L. 1962, c. 45,[1] shall be adhered to. Excavated materials shall be placed
three feet back from the edge of the trench. Where conditions do not
allow for the sloping of the trench sides, the contractor shall brace
and support the trench in accordance with recognized practice.
[1]
Editor's Note: See N.J.S.A. 34:5-166 et seq.
A.
The applicant shall be responsible for the immediate
refilling of any excavation or construction site and the restoring
of any road, street or alley in accordance with the following specifications.
B.
The following standards shall govern the excavation,
refilling and restoration of any road, street or alley:
(1)
Location of existing utilities. Prior to any excavation,
the contractor shall bear the responsibility of notifying all utility
firms that have service lines in the construction area for marking
at least one week prior to the start of construction. The utility
companies shall be requested to mark out the location of all utility
lines.
(2)
Pavement cutting. Pavement shall be cut with pneumatic
hammers or mechanical pavement cutters, saws or other methods approved
by the Director of Public Works.
(3)
Trench excavation.
(a)
The trench in which any utilities and/or appurtenances
are to be constructed shall be excavated in open cut from the surface
except where otherwise stated in writing and in all cases in such
a manner and to such depth and width as will give suitable room for
bracing the supporting, pumping and draining.
(b)
The maximum trench width at the top of the pipe
shall be two feet plus the outside diameter of the pipe. The contractor
may, where it will not interfere with the work or adjacent structure
or property, and only after receiving approval from the Township Director
of Public Works, slope the sides of the excavation beyond the width
specified above. The sides of the trench may only be sloped from a
point starting two feet above the top of the pipe.
(4)
Length of trench to be opened.
(a)
No trench shall be excavated more than 100 linear
feet in advance of pipe laying unless authorized by the Director of
Public Works.
(b)
The length of trench to be opened or the area
of the surface to be disturbed or unrestored at any one time shall
be limited by the Director of Public Works with regard to expeditious
construction and to the convenience and comfort of the persons residing
in the neighborhood or frequenting the streets in question. New trenching
will not be permitted when earlier trenches need backfilling or labor
is needed to restore the surfaces of the streets to a safe and proper
condition.
(5)
Backfilling trenches.
(a)
The trench or other excavation shall be carefully
backfilled with such excavated material. No rock or frozen earth shall
be put in the trench until the backfill has reached at least two feet
above the top of the utility pipe. Backfill to a height of two feet
above the top of the utility pipe shall be made with earth which shall
be free from stones or rock fragments of a size larger than one inch
in diameter. Below this level, the backfill shall be placed in layers
not more than six inches thick and shall be compacted with approved
flat-faced tampers. All backfill more than two feet above the top
of pipes shall be compacted as follows:
[1]
By approved vibratory soil compactors, if the
backfill material is predominately sand or sand and gravel but contains
more than 12% by weight of the material that will pass the two-hundred-mesh
sieve.
[2]
By approved vibratory compactors or puddling
if the materials is predominately sand or sand and gravel and contain
not more than 12% by weight of the material that will pass the two-hundred-mesh
sieve.
[3]
By approved flat-faced mechanical tampers if
the backfill material is not predominately sand or sand and gravel.
[4]
Backfill around inlets, manholes and other subsurface
structures shall be compacted by flat-faced mechanical tampers.
(b)
In Subsection B(5)(a)[1] and [2] above, approved flat-faced mechanical tampers may be substituted for the vibratory soil compactors where the shoring and bracing of the trenches or other special conditions make the use of vibrating compactors impractical. Where mechanical tampers or vibrating soil compactors are used in accordance with the foregoing provisions, the backfill shall be placed and compacted in layers not more than six inches thick, loose measurements. Where trenches are puddled in accordance with the foregoing provisions, the backfill shall be placed in successive lifts, not more than four feet thick, and each lift shall be thoroughly puddled before the next lift is placed. The application of water shall be continuous until all puddling of each lift is evidenced by a constant head without further addition of water. If more than a six-inch depth of trench remains unfilled after the final puddling, the remaining backfill shall be tamped or vibrated as specified in Subsection B(5)(a)[1] and [2] above. The surface of the trench backfill shall be rounded to allow for compression and shall be finally compacted by a three-wheel, then ten-ton roller and have a load of not less than 330 pounds per inch of width of rear wheels. Rock in pieces weighing more than 50 pounds shall not be put in the trench. All sheeting shall be withdrawn unless ordered left in place by the Township Director of Public Works. As the trench is refilled, the sheeting and timbering shall be removed in such a manner as to avoid the caving of the trench. The vacancy left by the sheeting shall be carefully refilled by ramming or as otherwise directed. All materials excavated, if suitable, shall be used for backfilling trenches or other excavations or deposited in embankments. None shall be wasted without permission of the Township Director of Public Works. Surplus and waste materials shall be removed from the site. Broken pavement, large rocks and all objectionable material are to be kept segregated from the clean surplus material and trucked to a separate disposal site from that of the clean material. When a bulldozer or payloader is used in backfilling a trench, the contractor shall station a man at the side of the trench to carefully inspect and supervise the backfilling operation.
(c)
The method of backfilling and compaction shall
be established at the discretion of the Township Director of Public
Works, depending upon the quality of the backfill material encountered
at the site, and is not necessarily limited to the above-described
methods. Any changes required by the Director of Public works will
not be more stringent than those methods outlined herein.
(6)
Care of existing structures. Care shall be taken not
to move, without the consent of the Township Director of Public Works,
sewers, drains, culverts, poles, water or gas pipes, etc., or structures
near them that may be encountered during the construction. They shall
be securely hung, braced or supported in place by the contractor at
his own expense. All utility poles adjacent to the excavation shall
be protected and braced during construction. Whenever it is necessary
to interfere with said structures, the contractor shall maintain services
at his own expense and repair all damages. He shall leave them in
as good condition as he found them.
(7)
Dewatering. The contractor shall furnish sufficient
pumping equipment and shall provide, at his own expense, satisfactory
drainage whenever needed in the trench and other excavation during
the progress of the work. All water pumped and bailed from the trench
or other excavation shall be conveyed in a proper manner to a suitable
point of discharge. The flow in all sewers, drains, and watercourses
encountered in the work, in gutters alongside of or across the work,
shall be entirely provided for, both temporarily and permanently,
as required, by the contractor and at his expense.
(8)
Street restoration.
(a)
The trench restoration in the street will consist
of a six-inch gravel base course; four-inch bituminous stabilized
base course, Mix I-2, and FABC 1 Type surface course, Mix I-5, two
inches thick. Gravel base course and bituminous stabilized base course
shall be applied immediately upon completion of the purpose for the
opening.
(b)
The six-inch gravel base course shall be Soil
Aggregate Type I-5 as noted in Section 900, Article 901.9, of the
Standard Specifications of the New Jersey Department of Transportation,
as amended.
(c)
The materials for bituminous stabilized base
course shall conform to Section 900, Article 903. Bituminous surface
course shall conform to Section 900, Article 903, of the Standard
Specifications of the New Jersey Department of Transportation, as
amended.
(d)
The final surface course shall not be placed
for at least 30 days after initial compaction and placement of the
stabilized base course. The final surface course shall be completed
no more than 60 days after initial compaction and placement of the
stabilized base course.
(e)
The method of construction of the six-inch gravel
base course, the four-inch bituminous stabilized base course, Mix
I-2 and the two-inch FABC-1 surface course, Mix I-5, shall conform
to the requirements of Section 300 and Section 400 of the Standard
Specifications, as amended. The bituminous stabilized base course
shall be constructed in two lifts as required by said specifications.
(f)
All work shall be inspected by the Director
of Public Works. The contractor shall notify the Township Director
of Public Works 24 hours in advance of performing any work under street
restoration.
(g)
Any capital improvement/repaving/reconstruction on any street
or roadway within the Township of Lower shall be the subject of a
five-year road/street opening moratorium after the completion of said
construction, reconstruction, resurfacing, repaving or overlay has
lapsed, except in the event of an emergency or hardship as described
below. It is understood the five-year period as described herein shall
commence on December 31 of the year in which said road was constructed,
reconstructed, resurfaced, repaved or overlaid and run for a period
of five years thereafter.
[Added 6-18-2018 by Ord. No. 2018-08]
(h)
Emergency opening.
[Added 6-18-2018 by Ord. No. 2018-08]
[1]
In emergency situations during normal business hours, the applicant
shall notify the Director of Public Works and the Police Department
of the emergency prior to the opening of the street. Application must
be made as soon as possible thereafter with the payment of the required
fees. During nonbusiness hours, weekends and holidays, the applicant
shall notify the Police Department of the emergency prior to excavating
the street. On the next business day, the applicant shall make application
for the emergency street opening, explaining the reason for the emergency
and pay the appropriate fees.
[2]
In the event that an entity shall be required to open a street
as a result of an emergency, said emergency opening shall be reviewed
by the Director of Public Works and if the Director shall determine
that no such emergency existed, then the entity so opening the street
shall have a fine imposed upon such entity in the amount of $2,500
for the first nonemergency opening, a fine of $5,000 for a second
nonemergency opening, and a fine of $10,000 for a third nonemergency
opening.
[3]
A full width curb-to-curb restoration will be required on all
streets constructed, reconstructed, resurfaced, repaved or overlaid
by the Township within the previous five years of an opening necessitated
by emergency or moratorium waiver opening. The restoration shall consist
of six-inch-thick dense graded aggregate base course and a six-inch-thick
bituminous stabilized base course, Mix I-2, or equivalent as determined
by the Director, brought flush with existing grade, within the excavated
area. A full width, curb-to-curb, milling two inches in depth to extend
50 feet beyond the limit of excavations shall be performed after proper
settlement in the trench area. The allowable time for trench settlement
shall be 45 days unless directed otherwise by the Director. The final
surface course shall be a two-inch-thick bituminous concrete surface
course, Mix I-5, or equivalent as determined by the Director of Public
Works.
[4]
Trench restoration may be permitted under extraordinary circumstances
and at the sole discretion of the Township of Lower and the Director
of Public Works for openings having minimum impact on the integrity,
longevity and serviceability of the street in question.
(i)
Moratorium waiver. In the event a property owner experiences
a hardship condition which requires a street opening permit to be
issued contrary to the sections contained in this article, the Township
of Lower may grant relief if and only if the following conditions
are satisfied:
[Added 6-18-2018 by Ord. No. 2018-08]
[1]
The property owner shall submit a letter to the Township Clerk
detailing the hardship necessity to open the street in lieu of waiting
the prescribed period of time.
[2]
Upon receipt of the letter, a public meeting date will be set
for the Township Council to review the situation and justification
presented for formal action.
[3]
The letter detailing the pertinent information necessary to
review the request, such as property street address, block and lot,
reason for the request, and type and size of street opening proposed.
[4]
The Township shall consider the request at a public meeting
and review all objections, if any. Approval or denial of the request
shall be through formal adoption of a resolution.
[5]
If Council grants a moratorium waiver request authorizing excavation
of a roadway under moratorium necessitated by utility main improvements,
final restoration will require a minimum of full cartway width extending
intersection to intersection. The applicant will be required to mill
the existing roadway to a depth of two inches extending from intersection
to intersection for the full width of the roadway (curbline to curbline)
and install a two-inch-thick lift of bituminous concrete surface course,
Mix I-5, for the entire length. All edges shall be coated with an
asphalt tack coat prior to a two-inch lift of bituminous concrete
surface course being placed on the roadway.
[6]
Authorized street excavations for utility main improvements
on any roadway deemed to be in good condition, as determined by the
Director of Public Works, may require resurfacing the entire roadway
as described in this section and as directed by the Director.
[Amended by Ord. No. 95-5; Ord. No. 2002-5]
A.
Every application shall be accompanied by a maintenance
bond in the amount of $85 per square yard of excavation or construction.
If no bond is provided, a certified check payable to the Township
or a cash deposit in the same amount or a minimum of $700 shall be
provided with the application.
B.
A public utility company or construction company,
in lieu of giving a separate bond for each project, may annually once
in January of each year post a bond for $10,000 to cover the work
performed by said company during the ensuing calendar year. In the
event that construction, excavation or road openings exceed the posted
bond amount, additional bonds and/or cash security will be required.
C.
The purpose of depositing the maintenance bond, surety
bond or cash is to guarantee to the Township of Lower that any construction,
excavation or road opening will be performed and completed in an acceptable
fashion consistent with the provisions of this article. In the event
that the Township Director of Public Works determines that the excavation,
construction or restoration and refilling has not been performed consistent
with the requirements of this article, he shall be entitled, after
reasonable notice to the applicant to correct such deficiencies, to
take the maintenance bond, surety bond or cash posted by the applicant
and utilize it to correct any deficiencies and have the area restored
to its proper condition.
A.
Every application for construction, excavation or
opening of a road or street under the control of the Township of Lower
shall be accompanied by a certificate of insurance demonstrating that
the applicant possesses personal injury liability insurance in the
amount of $500,000 and property damage liability insurance in the
amount of $250,000. Said insurance shall be maintained by the applicant
during the period of construction or excavation.
B.
The applicant shall also agree in writing to indemnify
and hold harmless the Township of Lower, its agents, servants and
employees from any damage or liability sustained by any person or
property arising out of the negligence of the applicant or its agents,
servants and employees during the source of any construction, excavation,
restoration or refilling of any road or street under the control of
the Township of Lower. Said agreement shall require the applicant,
in the event a claim is made against the Township of Lower, its agents,
servants and employees arising out of the applicant's construction
activities, to provide the Township of Lower with a legal defense
and to pay any and all attorneys fees or costs incurred by the Township
of Lower in connection with any claims, suit or litigation.
A.
All work shall be performed between the hours of 7:30
a.m. and 4:00 p.m. In emergency situations, with a determination of
an emergency being in the sole discretion of the Township Director
of Public Works, this requirement may be waived under those terms
and conditions to be set by the Township Director of Public Works.
B.
When any work is done on a weekend by a contractor,
the inspection would be done by the Township and must be paid for
by the applicant at those rates to be set by the Township.
A.
Any person, firm, corporation or partnership violating
any provision of this article shall be subject to a fine in an amount
not less than $200 nor more than $500.
B.
Any person, firm, corporation or partnership violating
any provision of this article shall not obtain a permit under this
article for a three-year period.
[Adopted by Ord. No. 98-6 (Sec. 12-2 of the 1975 Code)]
In any public street, highway, avenue, alley
and lane in the Township, curbs and sidewalks shall be set or reset,
laid, relaid, altered, repaired and maintained at the expense of the
abutting property owner, except as otherwise set forth herein.
A.
Sidewalk construction or reconstruction may be paid
for wholly from governmental funds rather than at the cost of the
adjoining property owner only in areas of the Township designated
and approved for a rehabilitation project wholly funded by governmental
agencies other than the Township and involving construction or reconstruction
of all surface improvements in one or more contiguous Township blocks.
Such a construction or reconstruction project shall be so funded as
to not involve any direct cost to municipal taxpayers as a general
municipal improvement and shall be designated by the Township Engineer
as required in connection with securing uniformity of appearance,
ease of construction and related considerations involving the satisfactory
completion of such a rehabilitation project.
B.
The Township Council may also provide for the repair
or reconstruction of sidewalks on the streets or roads of the Township
at public expense in accordance with N.J.S.A. 40:65-9.1 et seq. upon
the following conditions being satisfied:
(1)
When any sidewalk, previously constructed or reconstructed
as a local improvement, is dilapidated or in need of repair or reconstruction,
and where such condition is not attributable to the acts or negligence
of the abutting property owner or his predecessor in title nor of
anyone for whose acts or negligence the property owner is chargeable;
and
(2)
When the abutting property owner or his predecessor
in title shall have paid within 20 years then past, or shall pay in
full with interest, all the assessment for the laying or relaying
of the sidewalk in front of his property (to the extent that installments
on such assessments are then due); and
(3)
The authority for such repair or reconstruction is
approved by resolution by at least 2/3 of the entire membership
of the Township Council reciting that such repairs or reconstruction
of the sidewalk is in the best interest of the residents of the Township.
Whenever a property owner desires that any curb
or sidewalk in a public street, highway, avenue, alley or lane be
set, reset, laid, relaid, altered or repaired in the Township, application
by the owner of the abutting land or his contractor for a permit shall
first be made to the Township specifying the grade, dimensions, mix,
materials and the method of construction or repair to be used. The
Township, or such officer or agent as the Township delegates, shall
examine the specifications and register its approval or disapproval.
Upon approval, a permit shall be issued. All work shall be done in
strict compliance with such specifications, failing which, appropriate
actions shall be taken by the Township.
Whenever the Township Council deems it necessary
for the construction, repair, alteration or relaying of any curb or
sidewalk in the Township, it shall by resolution specify the improvements
to be made. After the resolution has been adopted by the Township
Council, written notice shall be served upon the owners of the lands
abutting the public street, highway, avenue, alley or lane requiring
the necessary specified work on the curbs or sidewalks to be done
by such property owner within a period of not less than 30 days from
the date of service of the notice.
A.
If the owner of the land is a nonresident of the Township,
the notice may be served upon him personally, or upon his agent in
charge of the property, or upon the occupant thereof, or mailed to
the nonresident owner at his last known post office address.
B.
If the owner is unknown or if, for any reason, service
cannot be made as set forth in this section, the notice shall be published
in a newspaper circulating in the Township, at least once and not
less than 30 days before the improvement is made by the Township.
Notices to the owner or owners of several distinct parcels of real
estate may be inserted in the same publication.
C.
The notice may be served upon all owners of property
residing in the Township personally, or by leaving the notice at their
usual place of residence with a member of the family above the age
of 14 years. In the case of infants and incompetents, such notice
shall be served upon their guardians, when real estate is held in
trust, upon the trustee; when real estate is held by joint tenants,
tenants in common, or by the entirety, upon any one such tenant.
D.
Proof by affidavit of service of such notices shall
be filed within 10 days after service with the Tax Collector, but
failure to file such proofs shall not invalidate the proceedings if
service has been made in accordance with the procedures set forth
in this section.
If the condition of a sidewalk or curb becomes
such that it is hazardous to public safety, then at his discretion,
the Township Manager may order the hazard to be abated, requiring
the abatement to be effected immediately.
A.
The owners of lots, tracts and parcels of land fronting
or abutting on any public street, highway, avenue, alley or lane on
which the construction, repair, alteration or relaying of any curbs
or sidewalks is required by the Township may, at their own cost and
expense, construct such curbs and sidewalks and/or make such improvements
or repairs in front of or abutting their properties when notified
to do so by the Township, pursuant to resolution of the Township Council.
If the owners of the lands affected do not comply with the requirements
of the notice, the Township, upon filing due proof of service of publication
of the notice in the office of the Township Clerk, shall cause the
required work to be done by the Township or outside contractors, and
the cost thereof shall become a lien upon the affected property in
accordance with the procedure set forth in this section.
B.
In the event that the Township causes this construction, repair, alteration or relaying of any curbs or sidewalks in accordance with the procedures set forth in the preceding Subsection A, the officer of the Township in charge of such improvements shall assess such cost upon the properties abutting the public streets, highways, avenues, alleys or lanes on which such improvements are made in proportion to their respective frontage thereon, and shall file a report thereof under oath with the Township Clerk. The cost of improvement, when it becomes a lien, shall be collected in the manner provided by law for the collection of other assessments or liens, and in addition the Township may, at its option, maintain an action against the owner of the lands to recover the amount in any court having competent jurisdiction.
C.
The Township Council shall then examine the report
and, if properly made, confirm and file it with the Tax Collector,
which assessments shall then become a lien against such properties;
provided, however, that before confirming the report the Township
Council shall cause notice to be given to the affected property owners
of a time and place fixed for examination of the report.
D.
All such assessments shall bear interest from the
time that such assessments are confirmed by the Township Council with
the Tax Collector at the same rate and with the same penalties for
nonpayment of assessments for local improvements in the Township,
and from the confirmation thereof shall be a first paramount lien
upon the real property assessed to the same extent and to be collected
and enforced in the same manner as assessments for local improvements.
If any street, parkway or public highway to
be improved is under the control of any Cape May County board or commission,
the approval of the appropriate county body of the plans of improvement
shall be obtained before such improvement is begun. The cost of such
improvements shall also be assessed upon the real estate abutting
the improvements, to the extent of the benefits received, in the same
manner as set forth in the previous sections for sidewalk improvements.
A.
The owner or tenant of any lands abutting any public
highways of the Township shall be responsible for the removal of all
grass, weeds and impediments therefrom within 15 days after notice
to remove such grass, weeds and impediments.
B.
In the event that any grass, weeds and impediments are not so removed in accordance with the provision set forth in Subsection A above, the Township may cause such removal at the direction of the Code Enforcement Officer, who shall certify the cost thereof to the Township Council. The Township Council shall then examine such certificate and, if found to be correct, shall cause the cost to be charged against the real estate abutting upon such sidewalk or gutter, and the amount so charged shall thereupon become a lien and tax upon such real estate to be added to and become part of the taxes next to be levied and assessed thereon and enforced and collected with interest by the Tax Collector in the same manner as other taxes.
The Township Council may, in each year, include
in its budget or annual tax ordinance an appropriation for curb or
sidewalk repairs, in addition to any existing general public works
maintenance fund, out of which appropriation the cost of construction
or repair of curbs and sidewalks during the year may be charged when
it becomes necessary for the Township to make repairs or construction.
All monies recovered or paid to the Township under the provisions
of this section shall be credited to the account out of which the
work was paid for.
