[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:
a.
The name and address of the applicant.
b.
The purpose for which the opening is to be made.
c.
A clear description of the location of the proposed opening.
d.
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.
e.
The length, width and depth of the proposed opening.
f.
The outside diameter of all proposed manholes.
g.
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.
h.
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.
i.
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.
j.
The approximate cost of backfilling, tamping and repaving work in
all cases where a bond is to be furnished.
k.
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.
l.
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.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
c.
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.
d.
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]
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.
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.
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:
a.
Number.
1.
The maximum number of driveway openings permitted from a commercial
or industrial lot to any one road shall be limited as follows:
|
Length of Lot Frontage
(feet)
|
Permitted Number of Driveway Openings
|
|---|---|
|
200 or less
|
1
|
|
201 or more
|
2
|
2.
The maximum number of driveway openings permitted from a residential
lot shall be one.
b.
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.
c.
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".
d.
Sight Distance Required.
1.
All driveways shall be constructed in profile, grading and location
to conform to the following criteria:
 |
|
Y = Sight distance along road, measure from Point A to Point
C or from Point D to Point C.
|
|
A and D = Point 4 1/4 feet above the road centerline.
|
|
B = Point 3 1/2 feet above driveway centerline, 20 feet
from the road's edge of pavement.
|
|
C = Center of the intersection.
|
|
Road Design Speed[1]
(mph)
|
Required Y
(feet)
|
|---|---|
|
50
|
475
|
|
40
|
325
|
|
35
|
250
|
|
30
|
200
|
|
25
|
165
|
[1]
Editor's Note: On roads that do not have posted speed
limit, the speed limit shall be assumed to be 50 mph.
2.
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.
e.
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%.
f.
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.
g.
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]
h.
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]
a.
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.
b.
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.)[1] The maximum driveway width (except turnaround or parking
areas) shall be 18 feet.
[1]
Editor's Note: Figures 1 and 2, referred to herein, are
included at the end of this section.
c.
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]
a.
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.
b.
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[1] (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.
a.
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.
b.
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.
c.
Drainage Calculation. The applicant shall submit drainage calculations
to justify proposed pipe size.
d.
Stormwater Management. Stormwater control devices shall be installed
to decrease the rate of runoff from driveways.
e.
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.
f.
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]
a.
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:
1.
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.
2.
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).
3.
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.
4.
Driveways to be constructed of other materials require the submittal
of a design and approval by the Township Engineer.
b.
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]
a.
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:
1.
A site plan or sketch prepared by a professional engineer licensed
in the State of New Jersey showing the following information:
(a)
Property lines;
(b)
Entire length of proposed driveway and its relation to the intersecting
road;
(c)
Intersecting road right-of-way line;
(d)
Location of dwellings or structures (existing and proposed);
(e)
Septic system location;
(f)
Existing surface and subsurface drainage facilities, swales,
etc.;
(h)
A profile of the driveway showing existing and proposed centerline
grades and elevations for its entire length;
(i)
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;
(j)
Location of proposed silt fence and other soil erosion and sedimentation
control measures;
(k)
Location of any easements, wetlands, buffers, floodplains, etc.;
(l)
Proposed pavement detail;
(m)
Existing and proposed topography.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
c.
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.[1]
d.
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).
f.
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]
a.
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.
b.
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%.
c.
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.
d.
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.
e.
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.
|
FIGURE 1.
Residential Driveway
Municipal Roadway Without Curbing
(§ 13-2.7)
 |
|
FIGURE 2.
Residential Driveway
Municipal Roadway With Curbing
(§ 13-2.7)
 |
[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]
a.
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.
b.
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:
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.
The part of the electric system, after the transmission system,
that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching the ground.
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.
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.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
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.
An approval from the Township setting forth applicant's
compliance with the requirements of this chapter.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
The Township Committee of the Township of Union.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, or cable service.
a.
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.
a.
No pole, antenna or cabinet shall be installed within the municipal
right-of-way without the issuance of a right-of-way permit.
b.
Pole siting standards.
1.
Height. No pole shall be taller than 35 feet or 110% of the height
of poles in the surrounding streetscape, whichever is higher.
2.
Distance from the curb line. No pole shall be farther than 18 inches
from the curb line.
3.
Location, safety and aesthetics. No pole shall be erected in the
right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
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
(c)
Located on the opposite side of the street from the electric
distribution system; and
(d)
Is located entirely within the municipal right-of-way; and
(e)
Is 200 linear feet from any other existing pole or proposed
pole along the same side of the street; and
(f)
Is not located in an area with underground utilities; and
(g)
Does not inhibit any existing sight triangles; and
(h)
Allows adequate room for the public to pass and re-pass across
the right-of-way; and
(i)
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.
d.
Pole-mounted antenna and pole-mounted cabinet siting standards.
1.
Pole-mounted antennas are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
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
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
2.
Pole-mounted cabinets are permitted on existing poles, provided that
each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
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
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
3.
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.
a.
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.
c.
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.
d.
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.
e.
Proposed poles and ground-level cabinets.
1.
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.
(a)
If the Planning Board recommends a denial of an application,
it shall set forth the factual basis for such a denial in writing.
f.
Pole-mounted antennas and pole-mounted cabinets.
1.
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.
(a)
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.
g.
If the Township Committee denies any application made under this
section, it shall do so in writing and set forth the factual basis
therefor.
h.
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:
1.
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
2.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
3.
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
b.
Deposit towards anticipated municipal expenses.
1.
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.
2.
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.
3.
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.
a.
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.
b.
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.
c.
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.
