[Ord. No. 11-1-67 § 1]
No person shall do any excavating or disturb any street or road surface, shoulder or bank areas in the Township for the purpose of laying, changing, repairing or connecting any water, gas, sewer pipe or any electric, telephone or telegraph pipes or conduits or for any other purpose whatsoever without first having obtained a permit from the Municipal Clerk. In the event of an emergency where repairs must be made immediately, and the person, persons or corporation charged with the responsibility for making the repairs would be unduly delayed in seeking a permit, then the excavation may be made for the purpose of stopping a leak or interruption in service of the utility. As soon as the leak or interruption in service has been repaired and an emergency no longer exists, the person, persons or corporation having made the excavation shall apply for a permit and comply with all the other provisions of this section. In emergency matters and in the absence of the Municipal Clerk, a permit may be issued by the Mayor or a member of the Township Committee.
[Ord. No. 11-1-67 § 2]
Any person desiring such permit shall file with the Municipal Clerk, or other designated official in the event of emergency, a signed application containing the following information:
The name and address of the applicant.
The purpose for which the opening is to be made.
A clear description of the location of the proposed opening.
Three complete copies of the plans and specifications showing the work contemplated to be done, and indicating clearly the section of pavement, shoulder or bank which the applicant desires to open. Three complete "as built plans" shall be filed if any changes are made from the original plans.
The length, width and depth of the proposed opening.
The outside diameter of all proposed manholes.
The distance of the proposed opening from the nearest curb or ditch line, or edge of pavement where road is paved so that some suitable tie-in for later location purposes be shown.
Whenever any of the above requirements cannot be stated with exactness, the words "Subject to Engineer's consent during construction" shall be used for the information given.
The estimated date of commencement and the estimated date of completion of the proposed work. These estimates can be based on past experience in doing similar work. In the event of unforeseen circumstances beyond the control of the applicant, the applicant may apply for an extension of the completion date.
The approximate cost of backfilling, tamping and repaving work in all cases where a bond is to be furnished.
An agreement in writing to save the Township of Union harmless from any loss, injury or damage whatsoever resulting from the course of construction, whether directly or indirectly connected with the work, or from any negligence or fault of the applicant, its agents, servants, representatives or contractors in connection with the performance of the work covered by the plans.
Except as provided in § 13-1.6, relative to New Jersey Public Utility Corporations, the applicant shall, as a part of each application, annex thereto a certificate by applicant's liability insurance carrier acceptable to the Township, showing that the applicant has liability insurance during the period required for the proposed improvement in the following minimum amounts:
[Ord. No. 11-1-67 § 4; New]
For the purposes of this chapter:
- Shall include applicant's agents, servants, representatives and any contractors employed by it.
- Shall mean that part of the street, avenue or public road which is graded and improved for the use of animals and vehicles.
- Shall mean the street, avenue or public road between the lot lines.
- TOWNSHIP ENGINEER
- Shall refer to the person or persons employed by the Township to supervise and inspect the progress of the work.
[Ord. No. 11-1-67 § 5]
The applicant shall keep all openings and all excavated material properly guarded and shall place and maintain warning lights thereon of adequate nature, to warn the public from one hour before sunset to one hour after sunrise. No greater portion of the street, road, shoulder or bank shall be left open at any one time in excess of 500 linear feet.
[Ord. No. 11-1-67 § 6]
At all times during the course of construction 1/2 of the street or road shall be open for public travel.
[Ord. No. 11-1-67 § 7; Ord. No. 84-5 § 1; Ord. No. 2010-9]
Cash Deposit. Unless otherwise provided herein, the applicant shall deposit with the Municipal Clerk along with the excavation permit form and prior to the start of construction, the sum of $100 with each application for each excavation permit, plus an additional sum of 10%, a minimum of $500 of the estimated cost of the work as estimated by the applicant's contractor or engineer and approved by the Township Engineer. The moneys so filed shall be used to pay the cost of engineering, inspection, legal services, unrepaired damages or other legitimate costs to the Township assignable directly to the project. Within two months after completion and final release of the permittee, which shall not be granted until expiration of the twenty-four-month maintenance period, all unexpended moneys shall be returned to the applicant, except for the additional amount of $25 which shall be retained by the Township in its final application fee. In extenuating circumstances the Township Committee may waive the fee and only require payment for the services. In the case of any excavation to be done for the purpose of installing any connection to, or facility of, any public utility corporation or company, the above fees and deposits shall be payable by the public utility, corporation or company, and not by the customer or adjoining property owner.
Surety Bond. In lieu of the cash deposit, the applicant may submit a surety bond of like amount. The bond shall provide for compliance with all provisions of this section by the applicant and for payment by the applicant of any and all damages sustained by any persons or property as a result, directly or indirectly, of the work performed under the permit. The bond shall be issued by a bonding or surety company and shall be subject to approval as to form, sufficiency and execution by the Township Attorney. The bond shall remain in effect and shall not be released until the costs and final fee calculated under Subsection a above have been paid by the permittee to the Township and until the issuance of the final release.
Upon the failure of the permittee to comply with any of the requirements of this chapter, the Township may perform or cause to be performed such work as is necessary to secure compliance, and the permittee and any surety shall be liable for the cost thereof. The cost of any work which the Township performs or causes to be performed pursuant to this subsection, and any damages of the sort as to which a surety bond may be given, may be satisfied in whole or in part out of the required cash deposit or surety bond.
Public Utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit or surety bond, file a corporate bond on a yearly basis in an amount of $10,000. Such corporation bond shall cover all construction operations of the public utility corporation within the Township, thereby excepting the utility from the necessity of filing cash or surety bonds for individual opening projects. However, public utility corporations operating under the terms and protection of a corporation bond shall still be required to make application for each opening permit, to file the minimum fee, as provided in Subsection a above, and to pay all costs to the Township as calculated under this subsection.
Save Harmless Agreements. The applicant shall file along with the permit form an agreement in writing to save the Township harmless from any loss, injury, damage or liability whatsoever resulting in the course of construction, whether directly or indirectly connected with the work or from any negligence or fault of the applicant, its agents, servants, representatives or contractors in connection with the performance of the work covered by the plans.
[Ord. No. 11-1-67 § 8]
All work performed must be done within the time specified by the Engineer or the Inspector. If the applicant does not comply with this requirement, or if in the judgment of the Engineer it keeps open and unrepaired any portion of the work for an unreasonable length of time, the street, road, shoulder or bank may be refilled and repaired by the Township at the expense of the applicant upon 10 days' notice having been given to the applicant.
[Ord. No. 11-1-67 § 9]
If dust, dirt or other detrimental material continue to arise as a result of the work or neglect of the applicant, its agents, contractors or representatives, or if a nuisance is, in the opinion of the Engineer, caused by the actions of any parties, the Engineer may stop the work until the situation complained of is eliminated. The Engineer may direct that suitable amounts of Calcium Chloride or other dust settling material be used as may be required. Streets and paved surfaces must be kept broom clean. If dust persists, streets may be required to be hosed clean.
[Ord. No. 11-1-67 § 10]
No blasting shall be allowed unless permitted by the Township Engineer. Work shall be so conducted so as not to interfere with the existing utilities, water mains, sewer lines, gas pipes or electrical conduits, or the service connections thereof, and in case of injury to any such utility, it shall be the duty of the applicant, at its own expense, to properly repair or replace the same. The applicant shall not at any time come closer than three feet to any trunk line water pipe without the permission of the Engineer. Such pipe shall be protected or temporarily supported as directed by the Engineer.
Whenever the construction work passes under a service line of water, sewer lines, gas pipes, electrical conduits or the service connections thereof, the applicant shall cause, where the Engineer shall deem necessary, the same to be temporarily supported by a brace extended six inches or more into the solid earth on each side of the trench and extending the full width of the roof. The brace so used shall be of such material and placed as directed by the engineer, and may be removed when backfill has been satisfactorily placed each side of the brace. No excavation shall be made which, in the opinion of a competent nurseryman, will damage shade trees.
[Ord. No. 11-1-67 § 11]
In placing backfill, the applicant or his contractor shall use a mechanical or vibrating tamping machine. Six inches to 12 inches of backfill shall be tamped as directed by the Engineer. Whenever the Engineer considers the excavated material unsuitable for backfill, the applicant shall backfill the trench with sand or bank run gravel or other material as the Engineer may direct, acceptably compressed as directed.
On unimproved roads and shoulders, the backfill shall be brought up to within seven inches of the existing surface grade. There shall then be placed six inches of 2 1/2 inches crushed stone ballast which shall be bound up with Grade "B" screenings and thoroughly compacted. The top one inch shall be 3/4 inches crushed stone quarry blended with sufficient fines to make a tight, stable surface.
On banks and slopes of improved or unimproved Township roads or grass sidewalk areas, the top soil shall be saved and carefully replaced after the trench has been tamped properly and settled completely. The top soil shall be replaced after final settlement shall be raked evenly and shall have rye grass seed sown thereon, or other means satisfactory to prevent erosion of slopes and banks. The applicant or his contractor may bring in sod in order to restore slopes, banks or sidewalk area to a satisfactory condition.
Where the street is paved the pavement surface shall be placed upon backfill as required by Subsection a of this subsection up to within seven inches of the existing surface grade, and shall be one of the following types: placed on four-inch macadam foundation, using 2 1/2 inches crushed stone and filled with Grade "B" screenings: three-inch penetration macadam using 1 1/2 inches crushed stone with three applications, the first being two gallons per square yard (cold measure); the second 0.80 gallons per square yard (cold measure); and a seal coat of 1/3 gallon of bituminous material R.C. 2 or R.T. 9 or R.T. 10. All work shall be done under the State Highway specifications or equivalent as approved by the Township Engineer.
[Ord. No. 11-1-67 § 12]
The existing blacktop pavement shall be cut in a straight line prior to any excavation being made. Excavation shall only be allowed between the cuts so made and the edge of the excavation ragged or zigzag when it is time to repave the street or shoulder, then the street pavement shall be cut out in a straight line as directed by the Township Engineer, parallel to the line of the excavated trench in a width sufficient to straighten out the rough edges and the entire area shall then be repaved.
Pending the actual repaving operation stated above, the contractor shall use a temporary fill over the trench of such material as may be directed by the Engineer to the end that no loose stone, mud or dirt may impede the flow of traffic. The Engineer may at any time require any irregularity in the surface to be immediately taken care of.
The applicant assumes the responsibility of refilling the trench as it may sink from time to time and keeping it level with the balance of the pavement.
After repavement the applicant shall be under the duty of maintaining the trench for a period of 18 calendar months, and assume the responsibility of refilling the trench as it may sink, as directed by the Engineer, and in case of undue settlement, may be required to open the trench to ascertain the cause of the undue settlement and to remedy the same as required by the Engineer.
[Ord. No. 11-1-67 § 13]
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 of rammed soil composed of a mixture by volume of one part cement to six parts of coarse aggregate material such as sand or bank run gravel.
[Ord. No. 11-1-67 § 14]
Surplus material such as broken up concrete or excavated material shall be disposed of by the applicant by placing the same at any point within the Township specified by the Engineer within one mile of the project, and it shall be the duty of the applicant to dump and grade, if necessary, the material as directed by the Engineer. If the Township does not require the material within one mile of the project, the applicant must dispose of it in a satisfactory location.
[Ord. No. 82-3 § 1; Ord. No. 2002-6 § 1]
The purpose of this section is to set certain standards for the design, location, and construction of driveways and driveway openings in order to promote the safety, public well-being, convenience and general welfare of the Township through, among other things, the lessening of soil erosion, ensuring emergency vehicle access, promotion of traffic safety and preservation of municipal road structures.
[Ord. No. 82-3 § 2; Ord. No. 2002-6 § 2]
For the purposes of this section:
- Any lane, way, opening, construction entrance, or privately
owned road entering upon any public road within the Township of Union,
except openings used solely for access to farm fields.[Amended 9-5-2018 by Ord. No. 2018-10]
- MINOR DRIVEWAY MODIFICATION
- A modification of an existing driveway that does not alter
the surface features, width or drainage of the existing driveway,
as documented by the filing of a Township driveway modification application
and checklist, signed by the property owner and driveway contractor,
and as reviewed and approved by the Township Zoning Officer and Road
Foreman, and, if deemed necessary, in consultation with the Township
Engineer.[Added 9-5-2018 by Ord. No. 2018-10]
- Shall mean that an existing driveway is modified within the meaning of this section, when it is paved, widened or narrowed, when its horizontal location or vertical elevation is changed or when drainage facilities are installed or replaced, or when conditions exist which discharge water, stone or silt onto the adjoining public road.
- SITE IMPROVEMENTS
- Shall mean the dry wells and/or stormwater management systems required in connection with a subdivision or driveway permit, as shown on development plans, required by Township ordinance, or as a matter of law or by the Township Engineer.
- UPHILL DRIVEWAY
- Shall mean a driveway whose grade rises in elevation from the existing grade at the edge of the municipal roadway.
[Ord. No. 82-3 § 3; Ord. No. 84-4 § 1; Ord. No. 87-17 § 1; Ord. No. 94-14 § 1; Ord. No. 2002-6 § 3; Ord. No. 2010-9]
No driveway that connects with an existing or proposed Township road may be constructed or modified and no building on the subject land constructed unless the owner first obtains a driveway permit from the Zoning Officer upon the approval of the Township Engineer. The applicant for a permit shall pay the Township a fee of $75 upon application. In addition, the applicant shall deposit with the Township an escrow deposit in the amount of $750 to cover the estimated cost of professional review and inspection of the application by the Township Engineer and other professionals. The escrow deposit shall be administered by the Chief Financial Officer in accordance with the procedures set forth in § 30-11.5 of the Land Use Chapter of this Code and the Township may require replenishment of such escrow in accordance with such procedures.
[Ord. No. 82-3 § 4; Ord. No. 87-11 § 1; Ord. No. 2002-6 § 4]
All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:
Adjacent Driveway Openings. Within the right-of-way, a minimum distance of 25 feet shall separate any two driveways (on the same premises or on adjoining lots) entering upon a single municipal roadway, as measured parallel to the right-of-way line.
Drainage Facilities. Each driveway shall be constructed with suitable and adequately designed drainage facilities. Wherever possible, driveway drainage shall be directed into natural drainage channels away from the public road. Driveway drainage may be connected with existing drainage facilities within the municipal roadway, if approved by the Township Engineer, provided that said connection does not interfere with existing drainage or cause erosion or deposits of sediment in the municipal drainage system. Driveway drainage systems shall not discharge onto adjoining properties if erosion or sediment damage or flooding would be caused and shall not discharge onto the paved or traveled portion of any public right-of-way. Drainage shall be provided along the entire length of the driveway so that flows do not "build up".
Sight Distance Required.
All driveways shall be constructed in profile, grading and location to conform to the following criteria:
Editor's Note: On roads that do not have posted speed limit, the speed limit shall be assumed to be 50 mph.
The entire area of the sight triangle, described by A-B-C or B-C-D, shall be cleared and kept cleared as required to provide an unobstructed view across it, from Point B to all points 4 1/4 feet above the road centerline between Points A and D. For existing driveways to be modified, the applicant shall consult with the Township Engineer concerning this requirement, prior to commencing any clearing work.
Permitted Slope at Intersection. The portion of any driveway within the road right-of-way shall be constructed so that the grade at a point 25 feet from road centerline is not less than three inches nor more than six inches above the edge of the existing pavement or traveled way. From 25 feet from centerline to 50 feet from centerline the driveway grade shall not exceed 6%.
Depressed Curb. On curbed roads, the existing curb is to be removed to full depth and rebuilt to full depth from joint to joint. Vertical saw cuts must be used when removing exiting curb. Horizontal saw cuts to create a depression are not permitted.
Emergency services approval. Emergency services, such as fire and rescue, may recommend, in certain circumstances, additional work related to driveway construction such as, but not limited to, peel-offs, graded areas for turnarounds or parking, graded areas for storage tank drop-off, guide rails, additional driveway width, etc. The Township Engineer may refer any application to emergency services, and conditions recommended thereby will be binding upon the applicant, unless countermanded by the Township Engineer as being impractical or unfeasible.
[Amended 9-5-2018 by Ord. No. 2018-10]
Where driveways are curbed, provisions must be made for driveway drainage to be disposed of and not discharged directly onto the adjoining road. Curbing may not extend closer than 15 feet from adjoining road centerline.
[Ord. No. 82-3 § 5; Ord. No. 2002-6 § 5]
All driveways constructed or modified shall intersect perpendicular to the existing road pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the road right-of-way, or beyond 25 feet from the centerline of the existing pavement, whichever is greater.
[Ord. No. 82-3 § 6; Ord. No. 2002-6 § 6]
To assure adequate access for motor vehicles, any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Six inches of vertical curve length shall be provided for every 1% change in grade for a crest. Nine inches of vertical curve length shall be provided for every 1% change in grade for a sag. In no case shall the vertical curve be less than five feet.
[Ord. No. 82-3 § 7; Ord. No. 2002-6 § 7]
All driveways shall be designed and constructed to the width standards herein specified. Driveway width shall be the curbface-to-curbface dimension or pavement edge-to-edge dimension, where curbs are not required, and shall be measured at the road right-of-way line or at a point 25 feet from the centerline of the road, whichever is greater.
Single-family residential driveways shall have a minimum width of 12 feet, and may taper to a minimum width of 10 feet beyond the right-of-way line. Driveways shall be flared on each side as they touch the intersecting road pavement or traveled way. (See Figure 1 and Figure 2 for typical residential driveway intersection details.) The maximum driveway width (except turnaround or parking areas) shall be 18 feet.
Editor's Note: Figures 1 and 2, referred to herein, are included at the end of this section.
Multi-family, commercial and industrial driveway widths shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall driveways exceed a maximum width of 36 feet.
[Ord. No. 82-3 § 8; Ord. No. 2002-6 § 8]
No new driveway shall be constructed at a profile grade exceeding 15% at any point. If a proposed uphill driveway will exceed a profile grade of 5% anywhere within the first 200 feet, as measured from the road right-of-way line along the driveway centerline, then that portion of the driveway which exceeds 5% within the first 200 feet, shall be paved with a bituminous concrete, macadam, or Portland cement concrete surface.
[Ord. No. 82-3 § 9; Ord. No. 2002-6 § 9]
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil and materials from them and the land behind them. Water and silt shall be prevented from running onto and accumulating upon the traveled way of municipal roads, or filling up road gutters, catch basins, inlets or pipe drains with sediment or debris.
In the event that the construction of any particular driveway in the Township of Union is subject to the provisions of the Union Township Soil Erosion and Sediment Control Ordinance (or to the provisions of the Hunterdon County Soil Conservation District), the standards that are more stringent, detailed, or comprehensive than the standards contained herein shall govern.
[Ord. No. 82-3 § 10; Ord. No. 2002-6 § 10]
All driveways shall be constructed so as not to block or interfere with the drainage within gutters or along the existing road pavement or traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing ditch line at an elevation creating an uneven flow line in the gutter or ditch, or beyond the existing edge of pavement creating a hump or uneven driving surface.
Paved Gutter. The construction of a properly sized dish-type gutter may be permitted, provided that the existing water flow will not be blocked, altered or changed in any manner. Paved gutters will be permitted only for minimal (less than five CFS) flows in the ditch or gutter. Gutters must be constructed so that vehicles do not "drag" crossing them.
Culvert or Piping. The installation of a suitably sized reinforced concrete pipe or culvert will be required in the event that the existing flow line or ditch cannot be crossed with a shallow dish-type gutter. The size of the pipe or culvert required shall be approved by the Township Engineer and shall be a minimum of 30 feet in length. In any event, any pipe must be at least 15 inches in diameter. Pipes installed shall remain the property of and responsibility of the property owner.
Drainage Calculation. The applicant shall submit drainage calculations to justify proposed pipe size.
Stormwater Management. Stormwater control devices shall be installed to decrease the rate of runoff from driveways.
Any and all drainage structures (surface and subsurface) proposed to be constructed in conjunction with an approved driveway permit shall be owned and maintained by the property owner of the property for which the permit was obtained. It is the responsibility of this property owner to keep these drainage structures in good working order.
The Township may require ditch improvements both on and off-site in conjunction with a driveway permit.
[Ord. No. 82-3 § 11; Ord. No. 2002-6 § 11]
When a site or lot occupies a corner formed by two intersecting roads, no driveway entrance or exit shall be located within 25 feet of the point of tangency of the existing or proposed curb radius of either road.
[Ord. No. 82-3 § 12; Ord. No. 2002-6 § 12]
No entrance or exit driveway shall be located on the following portions of a road: within acceleration or deceleration lanes or their transitions, a rotary, a ramp or interchange, or within 25 feet of the beginning or any ramp or other portion of an interchange. Driveways located on cul-de-sac road turnarounds are permitted so long as they meet all criteria of this section.
[Ord. No. 82-3 § 13; Ord. No. 2002-6 § 13]
All driveways within the Township right-of-way or within 25 feet of the centerline of the road, whichever is greater, shall be constructed as follows:
Driveways entering upon unpaved roads shall be constructed of six inches (compacted thickness) of 1 1/2 inch quarry process (blend) stone, thoroughly rolled and compacted.
Driveways entering upon paved roads shall have a constructed base course of three inches of Bituminous Stabilized Base, thoroughly rolled and compacted, and a surface course of two inches (compacted thickness) of bituminous concrete (Type FABC-1).
All materials and methods of construction shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, current edition, and all amendments and revisions thereto.
Driveways to be constructed of other materials require the submittal of a design and approval by the Township Engineer.
Site improvements shall conform to the applicable development approvals and/or ordinances, and conditions of the driveway permit.
[Ord. No. 82-3 § 14; Ord. No. 84-4 § 2; Ord. No. 2002-6 § 14; amended 9-5-2018 by Ord. No. 2018-10]
The application shall contain a plan in sufficient detail for the Township Engineer to determine compliance with this section. For existing driveways to be modified, the applicant shall consult with the Township Engineer before filing the application. (see § 13-2.14b.)
All driveway applications shall include the following information:
A site plan or sketch prepared by a professional engineer licensed in the State of New Jersey showing the following information:
Entire length of proposed driveway and its relation to the intersecting road;
Intersecting road right-of-way line;
Location of dwellings or structures (existing and proposed);
Septic system location;
Existing surface and subsurface drainage facilities, swales, etc.;
A profile of the driveway showing existing and proposed centerline grades and elevations for its entire length;
The type of storm drainage to be constructed along the driveway and at the driveway intersection with the road, i.e., dish-type gutter, pipe or culvert. Sizes of pipes, culverts and gutters, grades, elevations, typical cross sections, construction details and any other information deemed necessary for the proper analysis of the installation shall also be shown including details of stormwater control devices;
Location of proposed silt fence and other soil erosion and sedimentation control measures;
Location of any easements, wetlands, buffers, floodplains, etc.;
Proposed pavement detail;
Existing and proposed topography.
Minor driveway modification. Where the owner has decided to construct a minor modification as defined herein to an existing driveway, then the owner shall file an application for a minor driveway modification with the Zoning Officer on forms provided, together with a completed minor driveway modification checklist and a fee of $75. Driveway plans, profiles, and construction details are not required, unless deemed necessary by the Zoning Officer upon consultation with the Township Engineer and/or Road Foreman. If review by the Township Engineer is determined by the Zoning Officer to be required, then escrow per § 13-2.3 shall be required.
Except in the case of minor driveway modification applications, the Township Engineer shall inspect the premises and review the application and if the proposed improvements comply with the standards of this section (for site improvements, the applicable development approval and/or building ordinance), the Township Engineer shall issue a driveway permit. If the determination is that the proposed driveway or driveway modifications or site improvements do not comply with standards of this section, then the applicant shall receive written notice specifying the particulars of noncompliance.
The applicant must submit an as-built drawing prepared by a licensed land surveyor of the completed driveway showing that the as-constructed driveway is in conformance with the approved plan. This drawing must be submitted to the Township Engineer and approved by him before a Certificate of Occupancy can be released.
[Ord. No. 82-3 § 14.5; Ord. No. 87-17 § 2; Ord. No. 2002-6 § 15]
The Union Township Board of Adjustment/Planning Board is hereby established, constituted and appointed as a Driveway Appeal Board to hear and decide driveway appeals pursuant to this section.
The Union Township Board of Adjustment/Planning Board sitting as a Driveway Appeal Board, shall have the power to hear and decide appeals by any interested party where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by the Township Zoning Officer or Township Engineer based on or made in the enforcement of this section. Such appeal shall be taken within 20 days by filing a notice of appeal with the office from whom the appeal is taken, or with the Township Clerk, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board of Adjustment/Planning Board all the papers constituting the record upon which the action appealed from was taken. An appeal to the Board of Adjustment/Planning Board shall stay all proceedings in furtherance of the action in respect to which the decisions appealed from was made. Such appeal shall be heard by the Board of Adjustment/Planning Board in accordance with its usual rules of practice and procedure, where applicable.
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary or exceptional situation or condition of such piece of property, the strict application of any subsection of this section would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, the Union Township Board of Adjustment/Planning Board, upon application or appeal relating to such property, may grant a variance from such strict applications of such subsection of this section so as to relieve such difficulties or hardship; provided, however, that no variance or other relief may be granted hereunder which would create any substantial public danger or substantial public inconvenience. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantially impairing the intent and purpose of this section, nor any Union Township Soil Erosion and Sediment Control Ordinance nor of the Union Township Land Use Ordinance.
Notices of appeals pursuant to this subsection shall be given by the application in the manner prescribed by N.J.S.A. 40:55D-12 (the Municipal Land Use Law).
Site improvement appeals shall be to the board or agency that required them.
[Ord. No. 82-3 § 15; Ord. No. 94-14 § 2; Ord. No. 2002-6 § 16]
No construction permit shall be issued for the construction or alteration of any structure where, inherent in any application for such permit, a driveway permit is required in accordance with the terms of this section until said driveway permit has been issued. Additionally, the grading for said driveway, the paved gutter or pipe, and the base course (not top) of the driveway must be completed before a building permit is issued.
All work and improvements required by permit shall be completed prior to issuance of the Certificate of Occupancy. However, in the event that the necessary work and improvements cannot be completed at the time of application for the Certificate of Occupancy because of unsatisfactory weather conditions, such as cold or freezing temperatures or wet soil conditions, or because of other unusual conditions which would cause undue hardship to the property owner, the Certificate of Occupancy may be issued, provided that a performance guaranty, in the form of cash or a bond, sufficient in amount to cover 120% of the estimated cost, but not less than $2,000, of said work or uncompleted portions thereof, as approved by the Township Engineer, is filed with the Township Chief Financial Officer. In situations where the performance is delayed and bonded, the escrow deposit required by § 13-2.3 shall be brought back to 100%.
If the driveway or site improvements have not been completed within one year of date of the issuance of the permit, the Township may complete the improvements without notice to the applicant or property owner. The cost in excess of the performance guaranty shall be a lien on the property and recovered from the property owners.
Upon certification by the Township Engineer that all work and improvements required by the driveway permit have been completed, the Chief Financial Officer shall return any remaining amount of the performance guaranty and escrow to the person who supplied the same or to the present owner of the property, whoever submitted the bond and escrow.
The construction of the approved driveway must begin within six months of the date of the permit approval (except as described in Subsection b., above) or the approval shall be considered null and void, and a new permit must be obtained.
[Ord. No. 82-3 § 16; Ord. No. 2002-6 § 17]
Any person or persons, firm or corporation violating any provision of this section which results in damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert during or following construction shall be responsible for all expenses incurred by the Township in repairing said damage or removing said obstruction, in addition to the penalty herein provided.
[Ord. No. 82-3 § 17; Ord. No. 2002-6 § 18]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties provided by § 1-5 of this Code. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.
[Ord. No. 96-4 § 1]
It shall be unlawful for any person to place, move, put, or cause, allow or permit to be placed, moved, or put, by shovel, brush, rake, plow, snowblower, or in any other manner, snow, ice or similar substances, into, on any public roadway, street or right-of-way located within the Township, whether paved or unpaved, except within undeveloped rights-of-way owned by the same person.
[Ord. No. 96-4 § 2]
It shall be presumed, unless evidence to the contrary is submitted by the property owner or the party accused of the violation; when snow, ice or similar substances are found in the road in close proximity to a driveway, that the owner or occupant of the premises, wherein the driveway is located, is the responsible party for the placement of the snow, ice or similar substances in the roadway.
[Ord. No. 96-4 § 3]
Any person violating this section shall be subject, upon conviction, to any one or more of the following: imprisonment for a term not exceeding 90 days, a fine not exceeding $1,000, or by a period of community service not exceeding 90 days, provided that there shall be a minimum fine of $25 for the first violation, and $100 and such other fines and penalties within the discretion of the Court for second and subsequent violations. Each day on which snow, ice or similar substances which is placed in the road or street in violation of this section, remains in or on the public roadway shall be deemed a separate violation and shall be subject to an additional fine or penalty as herein set forth.
This section may be enforced by any Union Township official or citizen, or by the New Jersey State Police or any other authorized law enforcement official.
[Ord. No. 2007-5 § I]
It shall be unlawful for any person to place, move, put, cause, allow or permit by shovel, brush, rake, plow, or in any manner, sticks, shrubs, leaves, rocks, stones and such other debris into, on or across a public roadway, street, sidewalk or right of way located within the Township of Union, whether paved or unpaved, except within undeveloped rights-of-way owned by the same person.
[Ord. No. 2007-5 § I]
It shall be presumed, unless evidence to the contrary is submitted by the property owner or party accused of the violation, that the property owner, tenant or occupant of said property is responsible for placing sticks, shrubs, leaves, rocks, stones and such other debris on a public roadway, street, sidewalk or right of way if said sticks, shrubs, leaves, rocks, stones and such other debris is found in close proximity of that property's front yard or driveway.
[Ord. No. 2007-5 § I]
Any person, firm, corporation or association violating this section, upon conviction thereof, shall be subject to the penalties set forth in § 1-5 of the Code of the Township of Union.
[Added 2-6-2019 by Ord. No. 2019-1]
As used in this section, the following terms shall have the meanings indicated:
- ANTICIPATED MUNICIPAL EXPENSES
- The cost of processing an application for a right-of-way permit including, but not limited to, all professional fees such as engineer and attorney costs to the Township.
- A small box-like or rectangular structure used to facilitate utility or wireless service from within the municipal right-of-way.
- ELECTRIC DISTRIBUTION SYSTEM
- The part of the electric system, after the transmission system, that is dedicated to delivering electric energy to an end user.
- EXISTING POLE
- A pole that is in lawful existence within the municipal right-of-way.
- GROUND-LEVEL CABINETS
- A cabinet that is not attached to an existing pole and is touching the ground.
- MUNICIPAL RIGHT-OF-WAY
- The surface of, and the space above or below, any public street, road, place, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Township as an easement or in fee simply ownership. This term also includes rights-of-way held by the County of Hunterdon where the Township's approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
- A long, slender, rounded piece of wood or metal.
- POLE-MOUNTED ANTENNA
- A device that is attached to a pole and used to transmit radio or microwave signals and shall include, but not be limited to, small cell equipment and transmission media such as femtocells, picocells, microcells, and outside distributed antenna systems.
- POLE-MOUNTED CABINET
- A cabinet that is proposed to be placed on an existing or proposed pole.
- PROPOSED POLE
- A pole that is proposed to be placed in the municipal right-of-way.
- RIGHT-OF-WAY AGREEMENT
- An agreement that sets forth the terms and conditions for use of the municipal right-of-way and includes, but is not limited to, municipal franchise agreements.
- RIGHT-OF-WAY PERMIT
- An approval from the Township setting forth applicant's compliance with the requirements of this chapter.
- SURROUNDING STREETSCAPE
- Existing poles within the same right-of-way which are located within 500 feet of the proposed pole.
- TOWNSHIP COMMITTEE
- The Township Committee of the Township of Union.
- UTILITIES REGULATED BY THE BOARD OF PUBLIC UTILITIES
- Companies subject to regulation by the New Jersey Board of Public Utilities under Chapter 48 of the Revised Statutes.
- UTILITY SERVICE
- Electric, telephone, or cable service.
No person shall operate or place any type of pole-mounted antenna within the municipal right-of-way without first entering into a right-of-way Agreement pursuant to the provisions of this section.
Notwithstanding any franchise or right-of-way agreement to the contrary, all facilities proposed to be placed within the municipal right-of-way by utility regulated by the Board of Public Utilities and all other entities lawfully within the municipal right-of-way shall be subject to the standards and procedures set forth in this chapter and shall require right-of-way permits for the siting of poles, antennas and cabinets in the municipal right-of-way.
No pole, antenna or cabinet shall be installed within the municipal right-of-way without the issuance of a right-of-way permit.
Pole siting standards.
Height. No pole shall be taller than 35 feet or 110% of the height of poles in the surrounding streetscape, whichever is higher.
Distance from the curb line. No pole shall be farther than 18 inches from the curb line.
Location, safety and aesthetics. No pole shall be erected in the right-of-way unless it:
Is replacing an existing pole; or
Approved pursuant to a land development application by either the Township's Zoning Board of Adjustment or Planning Board pursuant a land use application; or
Located on the opposite side of the street from the electric distribution system; and
Is located entirely within the municipal right-of-way; and
Is 200 linear feet from any other existing pole or proposed pole along the same side of the street; and
Is not located in an area with underground utilities; and
Does not inhibit any existing sight triangles; and
Allows adequate room for the public to pass and re-pass across the right-of-way; and
Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.
Pole-mounted antenna and pole-mounted cabinet siting standards.
Pole-mounted antennas are permitted on existing poles, provided that each pole-mounted antenna:
Does not exceed three cubic feet in volume; and
Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
Does not inhibit sight triangles; and
Allows adequate room for the public to pass and repass across the municipal right-of-way.
Pole-mounted cabinets are permitted on existing poles, provided that each pole-mounted cabinet:
Does not exceed 16 cubic feet; and
Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and
Does not inhibit sight triangles; and
Allows adequate room for the public to pass and repass across the municipal right-of-way.
The Township may also require that an applicant provide a certification from a licensed engineer attesting to the structural integrity of any pole-mounted antenna or pole-mounted cabinet.
Pre-application meeting. Prior to making a formal application with the Township for use of the municipal right-of-way, all applicants are advised to meet with the Township Engineer to review the scope of applicant's proposal.
All applications made under this section shall be expedited so as to comply with the shot clocks set forth in the Federal Communications Commission Order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barriers to Infrastructure Investment," WT Docket No. 17-79; WC Docket No. 17-84.
Every application for a proposed pole made pursuant to this chapter must include a stamped survey prepared by a New Jersey licensed surveyor demonstrating that any such proposed pole is located within the municipal right-of-way. Any such application which does not include such a survey shall immediately be deemed incomplete.
Proposed poles and ground-level cabinets.
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review applications for the placement of proposed poles and ground-level cabinets within the municipal right-of-way and advise the Township Committees of its recommendation to approve or disapprove same.
If the Planning Board recommends a denial of an application, it shall set forth the factual basis for such a denial in writing.
Pole-mounted antennas and pole-mounted cabinets.
The Township Engineer shall review application to place pole-mounted antennas and pole-mounted cabinets within the municipal right-of-way and advise the Township Committee of his or her recommendation to approve or disapprove same.
If the Township Engineer recommends a denial of an application, he or she shall set forth the factual basis for such a denial in writing.
If the Township Committee denies any application made under this section, it shall do so in writing and set forth the factual basis therefor.
Waiver. The Township Committee may waive any siting standard set forth in § 13-5.4 where the applicant demonstrates that strict enforcement of said standard:
Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. 253(a); or
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
Will violate any requirement set forth by the Federal Communications Commission Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79; WC Docket 17-84; or
Deposit towards anticipated municipal expenses.
In addition to the right-of-way permit fee, the Township Engineer may, in his or her own discretion, require the posting of a $2,000 deposit towards anticipated municipal expenses related to an application made pursuant to this chapter.
Applicant's deposit towards anticipated municipal expenses shall be placed in an escrow account. If said deposit contains insufficient funds to enable the Township to perform its review, the Chief Financial Officer of the Township shall provide applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 10 days, post a deposit to the account in an amount to be mutually agreed upon.
The Chief Financial Officer shall, upon request by the applicant after a final decision has been made by the Township Committee regarding his or her pending right-of-way permit application, refund any unused balance from applicant's deposit towards anticipated municipal expenses.
Any approval received pursuant to this chapter does not relieve the applicant from receiving consent from the owner of the land above which an applicant's facility may be located as may be required under New Jersey law.
Applicant must, in addition to receiving a right-of-way permit, also receive all necessary road opening permits, construction permits and any other requirement set forth in the Revised Ordinances of the Township of Union or state statutes.
The Township's consent for use of county roads, as required pursuant to N.J.S.A. 27:16-6, shall take the form of a right-of-way permit subject to the standards and application process set forth in this chapter. No such applicant shall be required to enter into a right-of-way Agreement with the Township.