[Adopted 3-19-84 by Ord. No. 1984-41]
A.
No person, firm, partnership or corporation shall open or dig a trench
in any public road, street or highway of this municipality without
first having obtained a permit from the Construction Official or other
designated agent therefor, on forms provided and received from the
Construction Official for the specific opening or trench.
B.
The following schedule of fees is hereby fixed, determined, and established
as being the fees to be paid to the municipality for the issuance
of permits in connection with the servicing of permits and supervision
and inspection of openings and drainages to proper restoration
Openings up to 50 square feet in length $50.00.
Openings over 50 square feet but less than 500 square feet $100.00.
Openings over 500 square feet but less than 1,500 square feet
$150.00.
Openings over 1,500 square feet $200.00.
Such fees shall accompany the application when filed with the
Construction Official or other designated agent.
[Amended 5-4-2021 by Ord. No. 2021-8]
C.
No person shall open or dig a trench in any public road, street or
highway in this municipality without having given the municipality
a cash or surety company bond to guarantee that the opening or trench
made by the permittee will be properly closed and the road, street
or highway over same reconstructed so that it will remain in good
condition for at least two years after the closing by the permittee.
The minimum amount of each bond shall be $2,500.00. If the opening
or trench is over 100 square feet in length, the amount shall be $20.00
per square foot of the length thereof. A utility company and developer
shall, in lieu of given a separate maintenance bond on each project,
annually, once in January in each year, give a cash bond or surety
company bond in the amount of $20,000.00; provided that when the total
lineal footage of openings or trenches made by such utility company
reaches 2,500 square feet, such utility company shall give either
an additional bond or deposit cash security in the amount of $20.00
per square foot of length of additional opening or trenches it desires
to make in the calendar year.
[Amended 11-19-07 by Ord. No. 2007-22; 5-4-2021 by Ord. No. 2021-8]
D.
All cash or surety bonds shall remain on deposit with the Township
for a period of two years following the satisfactory completion of
all roadway reconstruction work. Upon the expiration of the two-year
period, the street or trench opening shall be inspected by the Township
Engineer. If found to be acceptable condition, then the bond will
be released. If the reconstruction work is found to be unsatisfactory,
then all required repairs must be completed to the satisfaction of
the Township Engineer before the bond will be released.
[Added 10-5-87 by Ord. No. 1987-31; 5-4-2021 by Ord. No. 2021-8]
E.
Inspection fees in the amount of two hundred fifty dollars ($250)
for the inspection of the road opening and two hundred fifty dollars
($250) for the inspection once the road opening is closed shall be
posted by the permittee prior to construction.
[Added 11-19-07 by Ord. No. 2007-22; amended 6-3-13 by Ord. No. 2013-10]
F.
It shall be the responsibility of the permittee to consult with the
Barnegat Township Police Department to obtain a determination from
the Department whether there is a need for police traffic control
needed at the site of the street opening.
[Added 11-19-07 by Ord. No. 2007-22]
The permittee shall keep the opening properly guarded and at
night have lights placed thereat. In doing the work, there shall be
as little interference as possible with travel along the road and
no greater part of the road shall be opened at any time than shall
be allowed by the Township Engineer. Transverse openings involving
the full width of the highway shall be made so that only one-half
(1/2) of the highway will be obstructed at any one (1) time. The work
shall be scheduled and executed so as to present a minimum of inconvenience
to the traveling public. Where feasible, pipes, mains, and conduits
shall be bored under all pavements. Tunnels may be driven if and where
directed.
The permittee shall save harmless the Township of Barnegat,
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.
After any opening is made, the work shall be diligently prosecuted
and final restoration of the disturbed surface shall be completed
as soon as weather conditions permit. In case the work has not been
completed before the expiration date set forth in the permit and the
permittee has not requested an extension of time, the Township Engineer,
if he deems it advisable, may take steps to backfill the trench and
replace a permanent pavement over the opening for which the permit
has been issued. If any extension of time beyond the date is needed
for the completion of the work, a new application must be filed. Permits
will not be issued for a period in excess of twelve (12) months. Expired
permits may be renewed on written request.
The work shall be conducted so as not to interfere with water,
gas and sewer mains, other subsurface structures or their connections
to abutting properties until permission has been obtained from the
proper authorities. Rock within five (5) feet of subsurface structures
liable to be damaged shall be removed without blasting. No excavation
which will damage trees shall be made without approval of the Township
Engineer.
The permittee shall completely backfill the excavation and shall
replace as great a portion of material excavated as possible, compacting
it by mechanical tamping or otherwise directed, and shall supply additional
material where there is a deficiency. Whenever the inspector deems
the material unsatisfactory for backfill and the Township Engineer
or his duly authorized agent concurs with this decision, the permittee
shall backfill the trench with sand or other proper material acceptably
compressed as required and shall remove excess material from the premises.
If tamping alone is employed, the material shall be placed in layers
not exceeding six (6) inches in thickness, moistened if directed,
and each layer shall be tamped until thoroughly compacted. Longitudinal
ditches may be compacted by rolling with dual-tired trucks of not
less than twenty-eight thousand (28,000) pounds net weight fully loaded
with stone or gravel. Trenches may not be flushed except under specific
permission of the Township Engineer. If for any reason immediate replacement
of permanent pavement is not feasible, the excavation shall be backfilled
and consolidated as specified above, after which not less than two
(2) inches of cold patch material shall be placed to highway grade.
The permittee is required to maintain the temporary pavement in a
satisfactory condition until permanent repairs are made.
To prepare for restoration of the original pavement, the following
rules shall govern.
The foundation shall first be restored to a width of not less
than twelve (12) inches wider than the width of the trench and not
less than twelve (12) inches longer than the length of the trench.
The surface pavement shall extend twelve (12) inches wider than the
width of the foundation and twelve (12) inches longer than the length
of the foundation. The foundation or base shall be composed of cement
concrete of a mixture by volume of one (1) part cement, two (2) parts
concrete sand and four (4) parts coarse aggregate. The cement concrete
foundation replacement shall be squared up horizontally and the edges
of the cut trimmed to an approximately vertical plane. In no case
shall the concrete base be less than nine (9) inches in depth. All
surface replacements shall duplicate as closely as possible the original
pavement in type, material, color and texture of surface. Reinforcement,
if any, in concrete base shall be restored in accordance with instructions
under "Replacement of Concrete Surface."
To prepare for the restoration of concrete pavement the following
requirements shall be observed.
The hole shall be squared with the sides truly parallel and
perpendicular in the center line of pavement and not closer than eighteen
(18) inches to any expansion joint. All concrete reinforcement shall
be replaced. The type of reinforcement and its spacing may be ascertained
while the old concrete is being removed: this reinforcing and spacing
shall be duplicated in the restoration. New reinforcing shall be kapped
at least thirty (30) diameters and tied to the reinforcing which shall
be bent back while the work is being done. Where restorations are
made in pavement not reinforced, reinforcement of a type and spacing
to be determined by the Township Engineer may be required. The concrete
mixture to be used shall be determined by the size of restoration.
For general work, this proportion shall range between 1:11/2:2 and
1:13/4:31/2, the former mix being used for patches averaging two (2)
square yards or less. A three-quarter (3/4) inch coarse aggregate
shall be used in the former mix and a larger coarse aggregate shall
be used in replacement of three (3) square yards or more. Commercial
high early strength cements shall be used in all restorations unless
permission for the use of standard Portland cements with additives
to produce high early strength is granted by the Township Engineer.
Central or transit mix concrete is acceptable where approved by the
Township Engineer or his authorized agent. Unless otherwise specifically
authorized, concrete pavement openings shall be at least two (2) feet
from the sides and ends of slabs. If necessary to make an opening
adjacent to a joint, a reinforcing sill or bolster, twelve (12) inches
by twelve (12) inches shall be constructed under the edge of the adjacent
slabs.
Improved shoulders shall be replaced in kind whether such improvement
consists of stone, gravel, or other higher type material. When treated
with bituminous material by either penetration or surface method,
the bituminous surface shall be restored as originally constructed
except that two (2) inches of bituminous cold patch material prepared
with asphaltic material as specified may be used in lieu of road oil
on surface treated shoulders after stone or road gravel base of proper
thickness has been replaced.
In cases where it becomes necessary to resort to tunneling operations
to reach the point of connection with the main line, the backfill
in such tunnel shall be rammed lean cement concrete of proportions
specified by the Township Engineer or his authorized agent.
The Township Committee shall have the power and duty to impose
special conditions in special cases.
Nothing in this Article shall be understood or 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.
A.
Findings. It appears that it is necessary to construct and maintain
gutters or ditches for drainage purposes along one or both sides of
certain public municipal highways or roads in the Township and further
that in certain instances unauthorized persons have filled in part
or parts of the gutters or ditches and that such action has interfered
with the proper drainage of the public highways or roads, has damaged
the roads or highways and has made public travel thereon hazardous
or dangerous and has necessitated the needless expenditure of public
funds to clear out the gutters and ditches in order to preserve and
protect the public roads and highways and make them serviceable to
the general public for public travel. The gutters and ditches referred
to are within the right-of-way of the public highways or roads and
are public property.
No unauthorized person shall partially or totally fill in any
drainage gutter in any public municipal highway or road within the
right-of-way of the highway or road in the Township.
No unauthorized person shall partially or totally fill in any
ditch in any public municipal highway or road within the right-of-way
of the highway or road in the Township.
No unauthorized person shall interfere with the public drainage
system of any public highway or road of or in the Township in any
manner which will lessen the efficiency of the drainage of such public
road or highway.
Nothing in this section shall be construed to include:
A.
Any municipal official or employee who has the duty and responsibility
of constructing, renovating, draining, improving or working upon any
public highway in the Township as a municipal employee for the governing
body while working upon and improving the highway for the Township.
B.
Any person who has authority given by the Township to provide suitable
substitute drainage facilities for all or a part of a public highway
or road, such as but not limited to the placing of an approved pipe
in the drainage ditch for entrance or exit to private property, after
approval for same has been obtained from the Township.
C.
Notwithstanding any provision in this chapter, no fee or bond shall
be required in connection with the issuance of a permit for the opening
of a public road, street or highway by the Township of Barnegat or
any of its agencies. All other provisions of this chapter pertaining
to the protection for the traveling public, the protection of the
Township from suits, and the restoration of the streets, shall remain
in full force and effect.
In accordance with terms of an ordinance finally passed on March
10, 1966, permission and consent have been granted to the New Jersey
Bell Telephone Company, its successors and assigns to erect, construct,
reconstruct, lay, maintain and operate its underground conduits and
subways, cables, poles, posts, wires, manholes, loading coil vaults,
loading coils, including the necessary street openings and lateral
connections to curb poles and property lines, and its other fixtures
and appurtenances, in through, upon, along, over, under and across
all of the various streets, roads, avenues and highways and parts
thereof, throughout their entire length, in the Township for its local
and through lines and systems, in connection with the transaction
of its business, and all of the various streets, roads, avenues and
highways and parts thereof, throughout their entire length, in the
Township are hereby designated and prescribed for the uses and purposes
of the company as aforementioned.
[Added 7-18-05 by Ord. No. 2005-46]
A.
The Township finds that substantial costs and expenses are incurred
by the Township and its taxpayers for properly paving Township roadways.
B.
The Township hereby imposes a five (5) year moratorium after the
laying of a topcoat of paving on a Township road, for road opening
purposes. No person shall be allowed to open a Township roadway within
five (5) years of the installation of a topcoat, unless sufficient
evidence and support is provided to the Township Committee to do so.
C.
In the event that the Township Committee approves a road opening
permit for a Township street that has been paved within five (5) years,
the road must be milled and paved by the applicant and restored to
an as new condition, as approved by the Township Engineer.
D.
The Township Engineer shall certify the cost estimate to adequately perform the work in question, in order that the work will be fully compliant with Chapter 66 of the Codified Ordinances of the Township of Barnegat.
E.
The applicant shall pay all appropriate and reasonable inspection
fees to be incurred by the Township for the inspection and approval
of the road opening as requested.
F.
After the road opening has been completed, and the road properly
paved and restored to an as new condition, the applicant shall post
a maintenance guarantee equal to fifteen percent (15%) of the original
cost estimate, as certified by the Township Engineer. Said maintenance
guarantee shall be held by the Township for one (1) year following
the satisfactory completion of all roadway reconstruction work. Upon
the expiration of the one (1) year period, the street shall be reinspected
by the Township Engineer. If found to be in an acceptable condition,
the maintenance guarantee will be released. If the reconstruction
work is found to be unsatisfactory, all required repairs must be completed
to the reasonable satisfaction of the Township Engineer before the
bond will be released.
G.
Waiver of moratorium. In the event that a property owner wishes to
open a Township road within the five (5) year moratorium the following
terms and conditions shall be adhered to:
[Added 12-19-05 by Ord. No. 2005-64]
(1)
The property owner must demonstrate to the satisfaction of the Mayor
and Township Committee that compliance with the five (5) year moratorium
on street openings would result in a hardship or would affect the
health, safety and welfare of the residents. The Mayor and Township
Committee will have sole authority to grant a waiver from the requirement
of the five (5) year moratorium.
(2)
Once a waiver has been granted, the property owner will be required
to repair the road to "as new" condition. In order to insure that
the road is properly restored, the property owner must comply with
the following requirements:
(a)
The trench above the pipe embedment zone must be backfilled
with dense graded aggregate, quarry blend or excavatable concrete.
(b)
Following completion of the backfilling operations, the pavement
must be restored to the full depth in accordance with the Township
ordinance requirements.
(c)
Depending upon the location(s) of the affected utilities, the
roadway restoration must either extend to the center of the roadway
or for the full width of the roadway as determined by the Township
Engineer.
(d)
Multiple pavement repairs will not be permitted in front of
a single property. The pavement restoration must encompass all of
the road openings required for the various utilities serving the affected
property.
(e)
Initially, the base pavement shall be installed to the existing
roadway grade. The road must then be allowed to settle for a minimum
of thirty (30) days and a maximum of ninety (90) days at which time
the pavement will be milled to a depth of two (2) inches and extending
a minimum of one (1) foot beyond the boundary of the trench in all
directions.
(f)
Immediately following the milling operations, the final pavement
course must be installed. All of the seams in the final pavement course
must be infrared treated to insure that the pavement repair blends
thoroughly with the existing pavement. The timing of the infrared
treating operations must conform to the manufacturer's recommendations.
(3)
The applicant shall be responsible for maintenance of any defects
in the pavement restoration for a period of one (1) year following
completion of the final pavement operations.
A.
Not withstanding any provision to the contrary, in particular but not limited to Section 55-119.1 sidewalks and curbing shall be required along all street frontages as a condition to issuance of building permits for the construction of a new dwelling in Barnegat Township, whether or not the dwelling is being constructed after receipt of approvals from the Barnegat Township Planning Board or Barnegat Township Zoning Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of Chapter 55 and proposed sidewalks shall be designed and constructed in accordance with the requirements of Chapter 55, all as set forth in the Codified Ordinances of the Township of Barnegat.
B.
The intent of this section is to require installation of curbing
and sidewalks for all new construction of residential dwellings, notwithstanding
the fact that the approval may not be required by the Planning Board
or Zoning Board of Adjustment because of the issuance of a building
permit is not as a result of approval from either the Planning Board
or Zoning Board of Adjustment.
C.
Payment in lieu of sidewalk and curbing:
(1)
Any property owner may request a waiver of the requirement to install
curbing and sidewalks along all street frontages of the subject property
by agreeing to pay a sum to the Barnegat Township Pedestrian Safety
Fund equal to the cost of said curbing and sidewalk. Said cost shall
be determined by the Township Engineer based on documented construction
costs for public improvements prevailing in the general area of the
municipality.
(2)
In determining whether to grant the requested waiver and accept a
payment in lieu of the installation of curbing and sidewalks, the
Township Engineer shall consider the following factors:
(a)
The presence or absence of curbing and sidewalks in the general
vicinity of the subject property.
(b)
The practical difficulty as established by the applicant of
installing such improvements in or adjacent to the subject property
due to exceptional topographic conditions, drainage concerns and/or
the deleterious impact to surrounding properties as a result of the
installation of such improvements.
(c)
The recommendation of the Township Construction Code Office.
D.
Exemption from these requirements as to certain properties in the
Pinelands Management Zone:
(1)
For those building lots in Pinelands Management Zone, wherein at least seventeen (17) acres of property are required for one (1) building lot, the Township Committee acknowledges that the financial impact of requiring sidewalks and curbs in the rural area of the Township would be an unnecessary financial burden, and unnecessary planning concept. Therefore for those building lots seeking to be approved in Barnegat Township located in the Pinelands Management Zone which building lots are a minimum size of seventeen (17) acres, the applicant can either agree to install curbing and sidewalks in accordance with this section or pay twenty percent (20%) of the cost determined by the Township Engineer for the requirement to install curbing and sidewalks as if set forth in Subsection C hereinabove.
E.
Barnegat Township Pedestrian Safety Fund.
(1)
In the event that the Township Engineer recommends and the Township
Committee approves the recommendation that a payment to the Pedestrian
Safety Fund can be made by the property owner in lieu of installing
the sidewalks and/or curbing, said funds shall be deposited by the
property in accordance with the provisions set forth in Chapter 55-119.1
and shall be deposited into said Fund.
(2)
Said Fund shall be dedicated to pay for the cost of designing and
constructing various pedestrian safety projects within Barnegat Township.
(3)
All monies paid by developers in accordance with this section shall
be deposited into said Fund.
(4)
The Chief Financial Officer of the Township is hereby directed to
establish and maintain the Fund and to make disbursements upon the
request of the Township Engineer for designated pedestrian safety
improvements.
