[Ord. #08-25 § 25-1.1]
No person shall disturb the surface or soil of any Township
street, right-of-way or easement area for any purpose whatsoever without
first obtaining from the Director, a written permit therefor.
[1974 Code § 22-2; Ord. #07-09; Ord. #07-19 § 25-1.1;
Ord. #08-25 § 25-1.2]
The words "director," "required," "permitted," "ordered," "designated,"
"selected," "prescribed," "determined," "certified," "specified" or
words of like import used in this chapter shall mean, respectively,
the direction, requirement, permission, order, designation, selection,
prescription, determination, certification or specification of the
Director.
The words "approved," "authorized," "acceptable," "satisfactory,"
"equal," "necessary," "adequate," "suitable," "competent" or words
of like import used in this chapter shall mean, respectively, approved
by, authorized by, acceptable to, satisfactory to, equal to, or necessary,
adequate, suitable or competent in the opinion of the Director.
As used in this chapter:
DIRECTOR
Shall mean the Director of Public Works of the Township or
his duly authorized representative.
DRAINAGE SERVICE LINE
Shall mean the pipe or conduit laid between its connection
point on a storm-water drain and a building or property for the purpose
of conducting waste liquids from the building or property into the
stormwater drain.
PERMIT
Shall mean and refers to the written permission issued with
the approval and signature of the Director and specifically authorizing
a person to perform certain work or to perform work in accordance
with the provisions of the charter and ordinances of the Township.
PERMITTEE
Shall mean the person obtaining a permit, or his duly authorized
representative.
SANITARY SEWER
Shall mean and refer to the lateral or street sewer or manhole
built thereon in a public street, sidewalk area, easement or other
public area, and under the control of the Township.
STORMWATER DRAIN
Shall mean the material or main stormwater drain in a public
street, sidewalk area, easement or other public area, and under the
control of the Township.
[1974 Code § 22-21; Ord. #07-09; Ord. #07-19 § 25-3.2;
Ord. #08-25 § 25-1.3]
a. Any person seeking to disturb the surface or soil of any Township
street, right-of-way or easement area for any purpose shall make application
therefor to the Director for each such opening upon forms to be provided
for that purpose.
b. The application form shall contain:
1. Name(s) and address(es) of the applicant.
2. The owner of the property for whom the work is to be performed.
3. Location of property, including the block and lot designation thereof.
4. If work is not specific to a lot, provide the distance from the work
site to the nearest cross street.
5. Size and purpose of the opening to be made, and maximum size of such
opening.
6. Date or dates when the work is to be performed.
7. Type of pavement or surface to be disturbed.
c. The application shall be accompanied by:
1. Such necessary sketches and any additional information as the Director
may require.
2. A signed statement by the applicant agreeing to perform the work
for which the permit is granted, strictly in accordance with the conditions
of the permit and of the provisions of this chapter, the ordinances
of the Township and the applicable rules and regulations of the Department
of Public Works and, that he shall indemnify and save the Township
harmless from any loss, injury or damage arising out of the granting
of the permit or from any negligence or fault of the applicant, his
servants or agents, in connection with any of the work done under
or in connection with the permit.
[1974 Code § 22-7; Ord. #07-19 § 25-1.6;
Ord. #08-25 § 25-1.4]
Cross Reference. For requirement of a permit with respect to sidewalks, curbs and driveways, see Subsection
25-2.1 of this Code. For requirement of permit with respect to street openings, see Subsection
25-3.1 of this Code. For requirements of a permit with respect to street obstructions, see Subsection
25-6.
Any permit issued pursuant to the provisions of this chapter
shall be in possession of the parties actually doing the work and
shall be exhibited to the Director or to any authorized representative
of the Township upon request. Permits issued to individual properties
shall be prominently displayed in a window of the principal building
on the property that is in close proximity to the work area and is
visible from the public right-of-way while the permit remains active.
[1974 Code § 22-13; Ord. #07-19 § 25-2.3;
Ord. #08-25 § 25-1.5; Ord. #11-22]
a. Any permit issued hereunder shall be valid for a period, not to exceed
thirty (30) consecutive calendar days, to be determined by the Director
and specified in the permit.
b. The effective period of the permit may be extended, if a request
for an extension is made in writing by the permittee prior to the
expiration of the original permit, for such additional period as the
Director, in his discretion, may authorize.
c. Permitted work shall commence prior to the permit expiration date
and proceed with diligence until its completion. If for any reason
the work is not started prior to the expiration thereof, the permit
shall be void and any unused portion of the performance guarantee
shall be refunded to the permittee.
[1974 Code § 22-8; Ord. #07-19 § 25-1.7;
Ord. #08-25 § 25-1.6]
a. The Director shall have the right to revoke or cancel any permit
should the permittee fail to comply with any of the terms, agreements,
covenants and conditions thereof.
b. No permit issued, pursuant to the provisions of this chapter shall
be assigned or transferred, except upon the prior written consent
of the Director.
[1974 Code § 22-3; Ord. #07-19 § 25-1.2;
Ord. #08-25 § 25-1.7]
a. The permittee shall not begin or carry on any part of the work provided
to be done under any permit issued in accordance with the provisions
of this chapter except in the event of approved emergencies, without
first notifying the Director not less than twenty-four (24) hours
in advance thereof (Saturdays, Sundays and holidays not included),
and obtaining the Director's approval therefor.
b. The Director shall not be required to inspect any work done under
the provisions of this chapter unless the permittee shall have given
the Director twenty-four (24) hours notice that the work is ready
for inspection.
c. No work provided to be done under this permit shall be performed
on Saturdays, Sundays or holidays except with the prior approval of
the Director or in the event of an approved emergency.
[1974 Code § 22-4; Ord. #07-19 § 25-1.3;
Ord. #08-25 § 25-1.8; Ord. #11-22]
Cross Reference. For provisions relating to a public service corporation, see Subsection
25-3.7 of this Code.
a. Any expenses that may be incurred by the Township in connection with the work to be done under the provisions of the permit and in the enforcement of this chapter shall be deducted from the performance and/or maintenance guarantee in accordance with Subsection
25-3.5. If performance and/or maintenance guarantees have not been required or have been depleted, these expenses shall be paid by the permittee within ten (10) days after notice from the Director of such deficiencies. If the permittee shall fail to reimburse the Township, the Director shall certify the same to the Tax Collector, who shall impose, collect, and enforce such expenses as provided for by law.
b. The Director may, at his discretion, assign a representative to inspect,
on behalf of the Township, the work to be done under the provisions
of any permit granted to a permittee.
[1974 Code § 22-5; Ord. #07-09; Ord. #07-19 § 25-1.4;
Ord. #08-25 § 25-1.9]
a. In general, the current standard specifications of the Department
of Public Works shall be followed, subject to prior approval of the
Director, before these materials are incorporated in the work.
b. All materials used or incorporated in any work done under the provisions
of this chapter shall conform to such specifications as may be promulgated
by the Director.
c. Materials shall, at the discretion of the Director, be submitted
to such tests as may, in his opinion, be necessary to determine their
quality and acceptability. Such tests may be made in any laboratory
designated by the Director. The Township shall be reimbursed by the
permittee for any expenses incurred by the Township on account of
such tests.
[1974 Code § 22-6; Ord. #07-09; Ord. #07-19 § 25-1.5;
Ord. #08-25 § 25-1.10]
All work related to any permit issued pursuant to the provisions
of this chapter shall be performed by the permittee at said permittee's
own expense and strictly in accordance with the provisions of the
Charter and ordinances of the Township, the applicable rules and regulations
of the Department of Public Works and such specifications as may be
promulgated by the Director and to the satisfaction of the Director.
[1974 Code § 22-9; Ord. #07-19 § 25-1.8;
Ord. #08-25 § 25-1.11]
a. The permittee shall clean up and promptly remove from the site of
the work all surplus excavated material and debris, and shall leave
the site of the work in a neat and orderly condition.
b. Where topsoil, seeded areas or sod are disturbed in the course of
the work, the permittee shall restore the ground surfaces to a condition
as good as they were previously.
[1974 Code § 22-10; Ord. #07-19 § 25-1.9;
Ord. #08-25 § 25-1.12]
No person, firm or corporation, other than a public utility,
shall erect or cause to be erected any telephone, telegraph or electric
light or electric transmission pole or poles, or install any conduits
or change the location thereof, or string any wires in, over or upon
any street, highway or public place without first obtaining a permit
therefor from the Director.
[1974 Code § 22-1; New; Ord. #07-19 § 25-1.10;
Ord. #08-25 § 25-1.13]
Unless another penalty is expressly provided herein, any person who violates any provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Section
1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1974 Code § 22-11; Ord. #07-19 § 25-2.1;
Ord. #08-25 § 25-2.1]
No person shall construct, remove, replace or repair a sidewalk,
curb, curb and gutter, or driveway within the limits of any public
street or other public property, without first obtaining a written
permit from the Director.
[1974 Code § 22-14; Ord. #07-19 § 25-2.4;
Ord. #08-25 § 25-2.2; Ord. #11-22]
a. No permit for the construction, removal, replacement or repair of
a sidewalk, curb or driveway shall be issued by the Director until
the applicant therefor shall have first paid to the Director, in cash,
money order or check payable to the Township of Woodbridge, a fee
of $50 for homeowners or a fee of $100 for utility companies.
[Amended 2-19-2019 by Ord. No. 19-29]
b. Permits issued after the start of construction shall pay to the Director
in cash, money order or check payable to the Township of Woodbridge,
a fee of three hundred ($300.00) dollars.
c. Work being done under a Builder's Agreement or Developer's
Agreement shall not require a sidewalk, curb or driveway permit to
be issued. A bond required by the Township shall serve as a permit.
d. A permit shall not be required for work being performed by a contractor
employed by the Township.
e. Property owners who receive official notification from the Township
of the start of a Township construction project for resurfacing or
reconstructing a road will not be required to pay an application fee
for any permits for work conducted within the work area and completed
prior to installation of the wearing course of the finished road pavement
under the Township construction project.
[1974 Code § 22-16; Ord. #07-19 § 25-2.6;
Ord. #08-25 § 25-2.3]
Sidewalks, curbs and driveways shall be constructed, removed,
replaced or repaired in accordance with such grades and specifications
as may be determined or promulgated by the Director and the permittee
shall perform the work so as to meet the grade and alignment of the
adjoining sidewalk curb and driveway and such established line and
grade as may be determined by the Director and in accordance with
the latter's directions.
[1974 Code § 22-17; Ord. #07-19 § 25-2.7;
Ord. #08-25 § 25-2.4]
a. Upon prior written approval of the Director and subject to the provisions
of this section, existing bluestone and granite curbs may be lowered,
as provided hereunder, for the purpose of providing driveway entrances
or exits.
b. The construction of new depressed curbs, for the purpose of providing
driveway entrances or exits shall not be allowed unless the permittee
shall provide and install in each such case, during the effective
period of the permit, an adequate driveway ramp or apron between the
curb and the abutting property line and extending over the entire
width of the existing or proposed driveway.
c. The driveway ramp or apron shall be constructed of concrete six (6)
inches in thickness with welded wire fabric embedded at mid-thickness,
or not less than two (2) inches of bituminous surfacing material (FABC
1-5) over four (4) inches of crushed stone, of satisfactory workmanship
and construction.
d. The portion of the driveway ramp or apron common with the sidewalk
and forming a part thereof shall, unless otherwise authorized, consist
of concrete six (6) inches in thickness with welded wire fabric embedded
at mid-thickness.
e. When a depressed curb or portion thereof is no longer used or needed
for driveway entrance purposes, the owner of property fronting thereon
shall, upon the written order of the Director and within thirty (30)
days following such written order, raise and restore such depressed
curb or such portion thereof to its full height to conform with adjoining
curbs or to such grade as shall be established by the Director.
f. Failure of the owner to comply with such written order of the Director within the time specified hereinabove shall constitute a violation of this section. The owner shall thereupon be subject to the provisions of Subsection
25-1.13 of this chapter in regard to violations and penalties.
[1974 Code § 22-18; Ord. #07-19 § 25-2.8;
Ord. #08-25 § 25-2.5]
Cross Reference. For maintaining and protecting
traffic near street openings, see Subsection 25-2.9 of this Code.
Pedestrian and vehicular traffic shall be adequately protected
by the permittee in accordance with the requirements of the latest
edition of the Manual on Uniform Traffic Control Devices and the work
shall be so arranged as to cause a minimum of inconvenience and hazard
to such pedestrian and vehicular traffic.
[1974 Code § 22-19; Ord. #07-19 § 25-2.9;
Ord. #08-25 § 25-2.6]
a. Any person owning any lot or lots fronting on any street in the Township
shall, at the owner's charge and expense, well and sufficiently
maintain the sidewalks, driveway, curb, curb and gutter, and lawn
area, including the permitted installations hereon and therein, within
the public right-of-way along the entire lot frontage, in good repair,
according to this section and the regulations and specifications of
the Director.
b. Upon failure of any owner to maintain the sidewalk, driveway, curb, curb and gutter or lawn area as provided for in Subsection
a., the Director or his authorized representative shall serve, according to law, a notice upon the owner describing the property affected and the improvement for such repairs required and stating the intent of the Township to cause such improvement or repairs to be made within thirty (30) days after service of notice in the event that such owners shall fail to do so.
c. If, after service of any notice as provided for in Subsection
b, the owners of any land affected thereby shall neglect to make the improvements to be made, the Director shall cause the improvements to be made and shall certify the same to the Tax Collector, who shall impose, collect, and enforce such sidewalk assessments as provided for by law. All fees shall be identical to those specified in this section.
[1974 Code § 22-20; Ord. #8-3-76 § 1;
Ord. #95-87; Ord. #07-19 § 25-3.1; Ord. #08-25 § 25-3.1]
Cross Reference. For general provisions as to exhibition, revocation and non-transferability of permits, see subsections
25-1.4 and
25-1.6.
a. No person shall disturb the surface or soil of any Township street, right-of-way or easement area for any purpose whatsoever without first obtaining therefor from the Director, a written permit for street opening except, however, that the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be done under a permit for sidewalk curb or driveway as set forth in Section
25-2 of this chapter in lieu of a permit for street opening.
b. No person shall make or cause to be made any connection into a sanitary
sewer or stormwater drain in an easement or right-of-way across private
property forming a part of the sewer or drainage system, respectively,
of the Township, without first obtaining from the Director a written
permit for a street opening.
c. In all circumstances, the person or persons actually performing the
work shall be the person or persons responsible for the securing of
the necessary permit as the same is defined herein. The person or
persons actually responsible for the performance of the work involved
shall comply with all the sections and subsections of this chapter
and shall not delegate the responsibility of securing the necessary
permits to the person or persons for whom the work is being performed.
[Ord. #08-25 § 25-3.2; Ord. #09-60]
a. No street opening permits requested pursuant to this section will
be issued to open any street within the Township which has been paved
and/or repaved during the seven (7) years preceding the date of the
application, except under the following circumstances:
1. In order to repair a broken water line.
2. In order to repair a broken gas line.
3. In order to repair a broken sanitary sewer line.
4. In areas of documented groundwater contamination, to install a water
service in order to abandon a potable water well that has, become
contaminated.
5. In order to convert an existing property from oil to natural gas.
6. In order to install new curb or replace existing curb.
b. The Municipal Engineer shall have the authority to grant waivers from the provisions of Subsection
25-3.2. All requests for a waiver shall be in writing and submitted to the Municipal Engineer. The request must demonstrate that there is good cause to grant said waiver or that the applicant will suffer undo hardship if said waiver is not granted. The waiver request will be reviewed by the Municipal Engineer, who will provide a written decision to the applicant. The Municipal Engineer will provide an annual list of all waivers approved during the preceding twelve-month period of time.
[Amended 11-26-2019 by Ord. No. 19-126]
c. Pavement repairs in roads under moratorium shall utilize infrared
technology to ensure a seamless repair.
[1974 Code § 22-23; Ord. #89-19; Ord. #07-19 § 25-3.4;
Ord. #08-25 § 25-3.3; Ord. #12-19]
a. No permit for street opening shall be issued by the Director until
the applicant has obtained and filed with the Director all insurance
required under this section and such insurance has been approved by
the Township. The applicant shall maintain, at its own expense, throughout
the effective period of the permit as well as any authorized extensions
thereof, the following minimum insurance coverage's described
below.
1. Commercial general liability insurance (CGL) with limits not less
than one million ($1,000,000.00) dollars each occurrence with a three
million ($3,000,000.00) dollar aggregate. If the CGL contains a general
aggregate limit, it shall apply separately per project or location.
CGL insurance shall be written on the Insurance Services Office Inc.
(ISO) occurrence form CG 00 01 12 07 (or substitute form providing
equivalent coverage) and shall cover liability arising from premises,
operations, independent contractors, products completed operations,
personal injury and advertising injury, and liability assumed under
contract (including the tort liability of another assumed in a business
contract but not including breach of contract damages). A combination
of underlying limits and umbrella coverage may satisfy the required
limits.
2. Property damage insurance in the amounts of not less than one million
($1,000,000.00) dollars for each occurrence.
3. That said insurance has been approved as to form, correctness and
adequacy by the Director of Law to insure the Township against any
loss, injury or damage arising out of the granting of the permit or
from any negligence or fault of the applicant, his agent, servants
or employees in connection with the opening or with any work related
thereto.
b. Such insurance shall remain in force throughout the effective period
of the permit as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least ten (10) days' written notice to the Township of
any modifications or cancellation.
[1974 Code § 22-24, Ord. No. 89-19; Ord. No. 94-84 § 5;
Ord. #07-19 § 25-3.5; Ord. #08-25 § 25-3.4; Ord.
#11-22]
a. No permit for street opening shall be issued by the Director until
the applicant therefor shall have first paid to the Director, in cash,
money order or by check payable to the Township:
1. A performance guarantee in the amount prescribed in the Subsection
25-3.5.
2. A fee of $100 for homeowners or a fee of $200 for utility companies.
[Amended 2-19-2019 by Ord. No. 19-29]
3. Permits issued after the start of construction shall pay to the Director
a fee of six hundred ($600.00) dollars.
4. Permits issued for roads under moratorium, where the permittee has obtained a waiver from the Township Council pursuant to Subsection
25-3.2, shall pay to the Director a fee of six hundred ($600.00) dollars.
5. No fee shall be charged a public service corporation for the installation
or relocation of utility poles.
6. A permit shall not be required for work being performed by a contractor
employed by the Township.
7. Property owners who receive official notification from the Township
of the start of a Township construction project for resurfacing or
reconstructing a road will not be required to pay an application fee
for any permits for work conducted within the work area and completed
prior to installation of the wearing course of the finished road surface
under the Township construction project.
[1974 Code § 22-25; Ord. #89-19; Ord. #07-19 § 25-3.6;
Ord. #08-25 § 25-3.5; Ord. #11-22]
a. The amount of the performance guarantee for street openings shall
be two thousand ($2,000.00) dollars or as determined by the Director.
b. When excavating machinery or other equipment is to be used on work related to street openings or when such work is to be performed in streets, the Director, in his discretion, may increase the amount of the performance guarantee to be required over and above the amounts hereinabove specified in Subsection
a of this subsection to an amount which, in the opinion of the Director, would be sufficient to reimburse the Township for any damage to the street or for any expense incurred by the Township in maintaining and protecting traffic in the manner hereinafter set forth. When the permittee exceeds the maximum authorized size unit, the permittee shall, when so ordered and before proceeding with the work, pay to the Director such additional amounts of performance guarantee as the Director may require. Failure on the part of the permittee to comply with the order will be considered sufficient cause for revocation of the permit.
c. When work is being done in an "R" Residential District, the performance
guarantee shall not exceed a maximum of two thousand five hundred
($2,500.00) dollars. However, single family detached residential dwellings
that are owner occupied, where the owner can demonstrate to the satisfaction
of the Director that either:
1. He/she is sixty-five (65) years of age or older; or
2. That he/she is permanently disabled and collecting social security
disability income; then the owner shall not be required to post a
performance guarantee.
d. Property owners who receive official notification from the Township
of the start of a Township construction project for resurfacing or
reconstructing a road will not be required to post a performance guarantee
for any permits for work conducted within the work area and completed
prior to installation of the wearing course of the finished road surface
under the Township construction project.
e. The performance guarantee shall be retained by the Township until
the final completion of the work to be done pursuant to the terms
of the permit, as security for the faithful performance by the applicant
of all of the terms, agreements, covenants and conditions of the permit
on the applicant's part to be done or performed.
f. Any balance left after the Township expenses, as determined and certified
by the Director, have been paid and deducted from the amount of the
performance guarantee, shall be refunded to the permittee upon posting
of a maintenance guarantee acceptable to the Township.
g. The period of maintenance shall be considered as a period of twelve (12) months after the date of final completion, as determined by the Director, of the work to be done pursuant to the terms of the permit. The permittee shall be responsible for the entire work and shall keep every portion of the work in perfect order and repair during the entire period of maintenance. Should the permittee fail to make needed repairs to the work or to maintain adequately surfaces disturbed by the permittee, the Director reserves the right, in the Director's discretion and without prior notice of the permittee, to cause such repairs to be made or such surface to be maintained by the Township's own forces or by contract or otherwise. In such case, the Township shall be reimbursed for any expense incurred thereby in accordance with the provisions of Subsection
25-1.8 and the permittee shall have no claim against the Township for loss of anticipated profits or for any losses by reason thereof.
[1974 Code § 22-26; Ord. #07-09; Ord. #07-19 § 25-3.7;
Ord. #08-25 § 25-3.6; Ord. #11-22]
a. A permittee, in lieu of the individual guarantee specified in Subsection
25-3.5 may file and keep on file with the Director of Public Works, an annual performance/maintenance guarantee consisting of a cash guarantee of five hundred ($500.00) dollars and a bond or letter of credit of ten thousand ($10,000.00) dollars. The bond/letter of credit shall be approved as to form, amount and sufficiency of surety by the Director of Law. The performance/maintenance guarantee shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permits on the applicant's part to be done or performed.
b. The performance/maintenance guarantee provided for herein shall remain in full force and effect until all permits covered under the guarantee have successfully completed the mandatory maintenance period specified in Subsection
25-3.5g.
c. At any point in time, a permittee may elect to substitute individual guarantees in accordance with Subsection
25-3.5 for each outstanding individual permit.
d. The Director may, at any time, deny a permittee the use of any annual performance/maintenance guarantee and require an individual guarantee in accordance with the provision of Subsection
25-3.5.
[1974 Code § 22-27; Ord. #77-3; Ord. #11-22]
a. Unless otherwise agreed, a public service corporation may, in lieu
of an individual guarantee hereinbefore specified for street openings,
file and keep on file with the Director of Public Works a bond in
the amount of twenty-five thousand ($25,000.00) dollars. The bond
shall be approved as to form, amount and sufficiency of surety by
the Director of Law, and the bond shall be retained as security for
the faithful performance by the applicant of all the terms, agreements,
covenants and conditions of the permit on the applicant's part
to be done or performed.
b. The bond shall be considered as a performance maintenance guarantee, and the provisions of Subsection
25-3.5 of this chapter in regard to the disposition of guarantees shall apply to a public service corporation in the same manner as specified for other permittees in Subsection
25-3.5.
c. A public service corporation may, in lieu of the insurance specified
for street openings, file and keep on file with the Director an agreement,
approved as to form by the Director of Law, to indemnify and save
harmless the Township from claims, suits, actions, proceedings, losses,
injuries, damages and costs of every name and description arising
out of or resulting from any act or omission on the part of such public
service corporation under any permit granted to it or from any negligence
or fault of such public service corporation, its contractors, agents,
servants or employees in connection with sidewalk, curb or driveway
work or repairs, or street openings or any work related thereto and
to openings or any work related thereto and also defend on behalf
of the Township any such suits, actions or proceedings which may be
instituted against the Township.
d. The Director may, at his discretion, assign a representative to inspect, on behalf of the Township, the work to be done under the provisions of any permit granted to a public service corporation, without any fee in addition to the fees provided in Subsection
25-3.4, where a bond is filed in lieu of an escrow.
e. The public service corporation shall be billed by the Township for
any expenses incurred by the Township by reason of any failure or
default on the part of the corporation, as determined and certified
by the Director. Any such bill shall be paid within thirty (30) days
after same shall have been billed by the Township.
f. In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a permit for street opening, provided, however, that the public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this subsection and in Subsection
25-3.3; and provided further that the public service corporation shall make application for the necessary permit for street opening not later than twenty-four (24) hours (Saturdays, Sundays and holidays not included) after the opening has been commenced.
[1974 Code § 22-28; Ord. #07-19 § 25-3.9;
Ord. #08-25 § 25-3.8]
a. It shall be the duty of the person by whom or for whose benefit any
street opening is to be made for any purpose whatsoever in the Township
to conform to the requirements of the New Jersey Underground Facilities
Protection Act (N.J.S.A. 48:2). Permittees shall, at his own expense,
carefully support, maintain in operation and protect from injury any
other pipes, conduits or other structures within the work area. In
case of any damage, he shall restore same at his own expense to as
good a condition as they were before the beginning of such opening
or work.
b. In case of failure of the permittee to comply with the provisions
of this subsection, then the same may be done by the company to whom
the pipes, conduits or other structures belong, and the costs thereof
and all damages sustained by the company thereby shall be paid by
the permittee to the company. Such company may, in default thereof,
maintain an action against such permittee.
[1974 Code § 22-29; Ord. #07-19 § 25-3.10;
Ord. #08-25 § 25-3.9]
Cross Reference. For protection of pedestrian and vehicular traffic near sidewalk, curb or driveway work, see Subsection
25-2.5.
a. Pedestrian and vehicular traffic shall be adequately protected by the permittee in accordance with the requirements of the latest edition of the Manual on Uniform Traffic Control Devices and the work shall be so arranged as to cause a minimum of inconvenience and hazard to such pedestrian and vehicular traffic. The Director may require that the work be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays. In the event that such requirement is not complied with by the permittee, the Director may, in the latter's discretion, cause all or part of the work covered by the permit to be backfilled and temporarily resurfaced by the Township's own forces or by contract or otherwise. In such case, the Township shall be reimbursed for any expense incurred thereby in accordance with the provisions of Subsection
25-1.8. The permittee shall have no claim against the Township for loss of anticipated profits or for any other losses by reason thereof.
b. Where the free flow of traffic is interfered with, the permittee
shall designate competent persons to direct and expedite traffic movement.
c. Unless otherwise authorized by the Director, vehicular traffic shall
be maintained at all times during the progress of the work being performed
under the permit.
[1974 Code § 22-30; Ord. #07-19 § 25-4.1;
Ord. #08-25 § 25-4.1]
Excavated material shall be stored in neat piles, so placed
as to cause the least interference with the use of the roadway or
sidewalks. Excavated material shall be promptly removed from the site
of the work.
[1974 Code § 22-31; Ord. #07-19 § 25-4.2;
Ord. #08-25 § 25-4.2]
a. Sheathing and shoring shall be provided in accordance with the most
recent OSHA rules and regulations.
b. Unless otherwise authorized in writing, by the Director, sheathing
and shoring shall be left in place with a cutoff line eighteen (18)
inches below ground surface.
[1974 Code § 22-32; Ord. #07-19 § 25-4.3;
Ord. #08-25 § 25-4.3]
a. In rock excavation, drilling and blasting shall be conducted with
all possible care. All blasting operations shall be conducted in strict
accordance with existing codes, laws, ordinances and regulations relative
to rock blasting and the storage and use of explosives.
b. The permittee shall use the utmost caution in properly protecting
all surface and subsurface structures from the effects of blasting
and any damage done to such structures shall be promptly repaired
by the permittee, or by such other parties as the Director may direct,
at the permittee's own expense.
c. Sufficient warning shall be given to all persons in the vicinity
of the work before blasting. The site of the blast shall be covered
with heavy timbers, blasting mats or other devices to prevent damages
from flying rock fragments.
d. The time of blasting and the manner and size of charges shall be
satisfactory to the Director. The blasting shall be done only by properly
licensed individuals.
e. The permittee shall give adequate notice to the Township and to the
appropriate public service corporations before proceeding with blasting
in the vicinity of water mains, sanitary sewer, stormwater drains
and other drains or other public utility lines.
[1974 Code § 22-33; Ord. #07-19 § 25-4.4;
Ord. #08-25 § 25-4.4]
a. No backfilling shall be done by the permittee until the work being
done under the permit shall have first been inspected and backfilling
authorized by the Director. In case of nonconformity with this requirement,
the Director shall have the right to require that the work be uncovered
by the permittee, at the latter's own expense, so that proper
inspection can be made.
b. The material used to backfill the bottom of the trench up to the
level of two (2) feet above the completed pipe or other structure
shall be clean.
c. Above the level (2) feet higher than the top of the completed pipe
or other structure, the material used for backfill shall be quarry
process stone.
d. The space between the pipe or other structure and the bottom and
sides of the trench shall be packed full by hand and thoroughly compacted
as fast as placed and up to the level of the top of the pipe or other
structure, which shall then be covered by hand to a level at least
two (2) feet higher than the top thereof, the backfill material being
carefully deposited and compacted in layers not more than six (6)
inches thick.
e. The backfill from a point two (2) feet above the pipe or structure
to the top of the trench shall be thoroughly compacted by means of
pneumatic or mechanical compactor.
f. Compacting the backfill by means of flooding or puddling with water
will not be allowed.
g. Unless specifically permitted by the Director, no excavation work
shall remain open over night. In the event any excavation work area
is permitted to remain open over night, the permittee shall be responsible
for taking appropriate steps to properly block off the excavation
work area and give adequate warning to anyone approaching the same
on foot or any vehicle of any type, including but not limited to the
use of lighting, reflective materials and barriers.
[1974 Code § 22-34; Ord. #07-19 § 25-4.5;
Ord. #08-25 § 25-4.5]
Tunneling under pavements or sidewalks shall not be allowed
but pipes or conduits having a dimension of six (6) inches or less
may be driven beneath pavements or sidewalks in such a manner that
the surface shall not be disturbed or injured provided that:
a. The prior written approval of the Director is obtained.
b. No excavation in connection therewith shall be closer than one (1)
foot to the edge of the sidewalk or eighteen (18) inches to the edge
of the pavement.
c. Such pipes or conduits shall be enclosed in sleeves or larger pipes
so that required replacements or repairs may be made in the future
without disturbance or injury to the pavement or sidewalk.
d. In the event of damage to the pavement, sidewalk or subsurface pipe
or structure caused by driving such pipe or conduit, the permittee
shall repair and make good the damage at the permittee's own
expense.
[1974 Code § 22-35; Ord. #07-19 § 25-5.1;
Ord. #08-25 § 25-5.1]
a. Immediately after backfilling the excavation, the permittee shall
place thereon an acceptable temporary resurfacing as provided herein
below. Such temporary resurfacing shall be maintained even with the
roadway or other surface as directed, until permanent restoration
of the surface is ordered by the Director.
b. There temporary resurfacing shall consist of not less than two (2)
inches of bituminous concrete type SM or FABC or approved equal thereto
when the opening was made in an existing concrete, asphaltic or macadam
pavement, and not less than six (6) inches of three-quarter (3/4)
inch road stone in all other cases, except that, where topsoil, seed
areas or sod have been disturbed by the excavation, the permittee
shall restore the ground surface to the same condition as existed
before the work was begun.
c. Permanent restoration of the surface over a street opening excavation
shall not be made until satisfactory settlement of the backfill has
taken place, in the opinion of the Director.
[1974 Code § 22-36; Ord. #07-19 § 25-5.2;
Ord. #08-25 § 25-5.2; amended 6-25-2019 by Ord. No. 19-78]
a. Before proceeding with pavement resurfacing, the existing concrete
pavement shall be neatly cut back a distance of not less than 18 inches
beyond the edges of the excavation, care being taken not to remove
any existing steel reinforcement. Such distance shall not be reduced
without prior approval of the Director and may be increased as provided
hereinbelow.
b. Where the existing pavement has been undermined by the excavation
or by any work connected therewith or where spalling or scaled surface
areas of existing pavement adjoin the area to be resurfaced, the permittee
shall remove additional pavement beyond the distance stated hereinabove,
as ordered by the Director.
c. In the event that any portion of the proposed concrete resurfacing,
as finally determined by the Director as provided hereinabove, is
nearer than four feet from a joint, then such removal shall be extended
to said joint. The smallest horizontal dimensions of the concrete
resurfacing shall be not less than four feet.
d. None of the subgrade so exposed shall be disturbed in any way except
when, in the opinion of the Director, such subgrade is unstable, in
which case the unstable material shall be removed as ordered and replaced
with approved stable material in layers not to exceed four inches,
each layer being thoroughly compacted.
e. The upper edges of the existing concrete pavement shall be uniformly
plumbed and tooled for a depth not to exceed one inch, the remaining
depth being left with straight but rough edges.
f. Reinforcement, consisting of deformed steel bars, of not less than
3/8 inch in size, spaced as ordered, shall be placed two inches above
the subgrade and shall be adequately tied in with the existing reinforcement,
if any.
g. The edges of the existing concrete pavement shall be thoroughly washed,
wire brushed, dampened and painted with a 1:1 neat cement coating
immediately previous to the placing of the new concrete resurfacing.
h. The concrete shall be proportioned, mixed, placed, finished and cured
as ordered. The Director may require the use of an approved high early-strength
cement placed under approved methods. The use of admixtures and work
in freezing weather will be allowed only with the Director's
prior approval and as directed.
i. Approved joints shall be installed where directed.
j. Where the area disturbed or excavated exceeds 30 feet in total length,
or where the area disturbed or excavated fronts more than one parcel
of property, the permittee shall be required to restore the pavement
over the entire width of the street, from curb to curb, in the area
of the disturbance or excavation. All work shall be performed to the
satisfaction of the Director.
k. The resurfaced area shall not be opened to traffic until so ordered
by the Director.
[1974 Code § 22-37; Ord. #05-37; Ord. #07-19 § 25-5.3;
Ord. #08-25 § 25-5.3; amended 6-25-2019 by Ord. No. 19-78]
a. The existing bituminous pavement shall have been neatly cut back
a distance of not less than six inches from the edges of the trench.
If the distance from the edge of the excavation area to the existing
curb is less than two feet, the permittee shall be required to excavate
and restore the pavement to the curb.
b. Prior to the replacement of bituminous pavements, the subgrade shall
be properly prepared and then a pavement consisting of a base course,
seven inches of compacted thickness of bituminous concrete hot-mix
binder (Type I-2) and a surface course, two inches of compacted thickness
of bituminous concrete (FABC Type I-5). Roads identified as Heavy
Traffic Streets in Table 1 shall have the base course increased in compacted thickness
to nine inches. All tamping shall be done by a mechanical tamper having
impact force of 1,500 pounds and a flat area of not more than 18 inches
by 24 inches. Surface shall be tamped to conform to the surface plane
of the existing road surface.
c. Where the area disturbed or excavated exceeds 30 feet in total length,
or where the area disturbed or excavated fronts more than one parcel
of property, the permittee shall be required to restore the pavement
over the entire width of the street, from curb to curb, in the area
of the disturbance or excavation. All work shall be performed to the
satisfaction of the Director.
[1974 Code § 22-38; Ordinance #05-37; Ord. #07-19
§ 25-5.4; Ord. #08-25 § 25-5.4; amended 6-25-2019 by Ord. No. 19-78]
a. In resurfacing existing macadam pavements, the permittee shall cut
back the existing pavement a distance of not less than one foot beyond
the edges of the excavation. Such distance shall not be reduced without
prior approval of the Director and may be increased by the Director
if the existing pavement has been undermined by the excavation or
by any work connected therewith.
b. The permittee shall place on the subgrade seven inches of bituminous
concrete hot-mix binder (Type I-2), properly compacted and two inches
of bituminous concrete, hot-mix (FABC Type I-5) properly compacted
and finished in a proper manner. Roads identified as Heavy Traffic
Streets in Table 1 shall have the base course increased in compacted thickness
to nine inches.
c. Where the area disturbed or excavated exceeds 30 feet in total length,
or where the area disturbed or excavated fronts more than one parcel
of property, the permittee shall be required to restore the pavement
over the entire width of the street, from curb to curb, in the area
of the disturbance or excavation. All work shall be performed to the
satisfaction of the Director.
[1974 Code § 22-39; Ord. #07-19 § 25-5.5;
Ord. #08-25 § 25-5.5]
Any other surfaces disturbed by reason of the work performed
under the permit shall be restored by the permittee as directed by
the Director.
[1974 Code § 22-40; Ord. #07-19 § 25-5.6;
Ord. #08-25 § 25-5.6]
The Director may at his discretion, cause any or all of the work contemplated in this section to be done by the Township's own forces, or by contract, or otherwise. In such case the Township shall be reimbursed for any expense incurred thereby in accordance with the provisions of Subsection
25-1.8, and the permittee shall have no claim against the Township for loss of anticipated profits or for losses by reason thereof.
[1974 Code § 22-41; Ord. #07-19 § 25-6.1;
Ord. #08-25 § 25-6.1; Ord. #11-32]
No person shall obstruct, encumber or occupy, in any manner
for any purpose whatsoever, any public street, highway or sidewalk
area without first obtaining therefor from the Director a written
permit for street obstruction. The use and operation of construction
machinery or equipment in connection with building operations, when
such machinery or equipment obstructs, encumbers or occupies any portion
of a public street, highway or sidewalk area, shall not be allowed
unless a written permit for street obstruction has first been obtained
from the Director. However, a permit will not be required for a sidewalk
bridge where a permit has been obtained from the Township Construction
Code Division of the Department of Planning and Development.
[1974 Code § 22-42; Ord. #07-09; Ord. #07-19 § 25-6.2;
Ord. #08-25 § 25-6.2]
a. Any person desiring a permit for street obstruction shall make application
therefor to the Director upon forms provided for that purpose.
b. The application shall contain:
1. Names and addresses of the applicant and of the owner of the property
in front of which the street obstruction is proposed.
2. Location of the property, including the block and lot designation
thereof.
3. Extent and nature of the proposed obstruction.
c. The application shall be accompanied by:
1. Such necessary sketches and additional information as the Director
may require.
2. A signed statement by the applicant that he agrees to perform the
work for which the permit is granted, strictly in accordance with
the conditions of the permit and of the provisions of the Charter,
the ordinances of the Township and the applicable rules and regulations
of the Department of Public Works; and, that he will save harmless
the Township from any loss, injury or damage arising out of the granting
of the permit or from any negligence or fault of the applicant, his
servants or agents, in connection with any of the work done under
or in connection with the permit.
[1974 Code § 22-43; Ord. #07-19 § 25-6.3;
Ord. #08-25 § 25-6.3]
a. The permit shall be valid for a period, not to exceed thirty (30)
consecutive calendar days, to be determined by the Director and specified
in the permit.
b. The effective period of the permit may be extended, if a request
for an extension is made in writing by the permittee prior to the
expiration of the original permit, for such additional period as the
Director, in his discretion, may authorize.
[1974 Code § 22-44; Ord. #07-19 § 25-6.4;
Ord. #08-25 § 25-6.4]
a. No permit for street obstructions shall be issued by the Director
until the applicant therefor shall have first placed on file with
the said Director, without cost to the Township, satisfactory evidence:
1. Of public liability insurance in the amount of not less than one
hundred thousand ($100,000.00) dollars for any one (1) person and
not less than three hundred thousand ($300,000.00) dollars for any
one (1) accident.
2. Of property damage insurance in the amount of not less than twenty-five
thousand ($25,000.00) dollars for any one (1) accident and fifty thousand
($50,000.00) dollars in the aggregate.
3. That the insurance has been approved as to form, correctness and
adequacy by the Director of Law to insure the Township against any
loss, injury or damage arising out of the granting of the permit or
from any negligence or fault of the applicant, his agents, servants
or employees in connection with the obstruction or with any work related
thereto.
b. Such insurance shall remain in force throughout the effective period
of the permit as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least ten (10) days' written notice to the Township of
any modification or cancellation of any such insurance.
[1974 Code § 22-45; Ord. #07-19 § 25-6.5;
Ord. #08-25 § 25-6.5]
No permit for street obstruction shall be issued by the Director
until the applicant therefor shall have first paid to the Director
in cash, money order or check payable to the Township:
a. A fee of fifty ($50.00) dollars if such obstruction or any part thereof
occurs in streets located in or contiguous to any nonresidential zone,
as defined in the Zoning Ordinance of the Township, or twenty-five
($25.00) dollars if such obstruction occurs elsewhere, or ten (10%)
percent of the amount of the escrow, whichever shall be greater.
b. An escrow in the amount prescribed in Subsection
25-6.7.
[1974 Code § 22-46; Ord. #07-19 § 25-6.6;
Ord. #08-25 § 25-6.6]
No extension of permit for street obstruction shall be granted
by the Director until the applicant therefor shall have first paid
to the Director in cash, money order or certified bank check payable
to the Township:
a. A fee of fifty ($50.00) dollars if such obstruction or any part thereof
occurs in streets located in or contiguous to any nonresidential zone,
as defined in the Zoning Ordinance of the Township; or
b. Twenty-five ($25.00) dollars if such obstruction occurs elsewhere,
or ten (10%) percent of the amount of the escrow, whichever shall
be greater, for each extension of thirty (30) days or less.
[1974 Code § 22-47; Ord. #07-19 § 25-6.7;
Ord. #08-25 § 25-6.7]
a. The amount of the escrow for street obstructions shall be computed
in accordance with the following unit prices for areas to be obstructed,
encumbered or occupied, as determined by the Director:
1. For the storage of materials, or any operations connected with the
erection, demolition, repair, alteration or reconstruction of a building,
other than the loading, unloading or operation of construction equipment
or machinery, for each square foot: one ($1.00) dollar.
2. For the loading, unloading or operation of construction equipment
or machinery, in connection with the erection, demolition, repair,
alteration or reconstruction of a building, for each square foot:
two dollars and fifty ($2.50) cents.
3. Minimum amount of the escrow for each street obstruction: fifty ($50.00)
dollars.
b. The amount of the escrow, and the minimum thereof, as prescribed by Subsection
a shall be doubled when the obstruction, or any part thereof, occurs in streets located in or contiguous to any nonresidential zone, as defined in the Zoning Ordinance of the Township.
c. When the permittee exceeds the maximum authorized obstruction specified
in the permit, the permittee shall, when so ordered, pay to the Director
such additional amounts of the escrow as the Director may require.
d. Failure on the part of the permittee to comply with the order shall
be considered sufficient cause for revocation of the permit.
[1974 Code § 22-48; Ord. #07-19 § 25-6.8;
Ord. #08-25 § 25-6.8]
a. The escrow shall be retained by the Township until expiration of
the permit, as security for the faithful performance by the applicant
of all the terms, agreements, covenants and conditions of the permit
on the applicant's part to be done or performed.
b. Upon the failure or default by the permittee of any of the terms,
agreements, covenants and conditions of the permit on its part to
be done and performed, the escrow may be used by the Township for
any expense incurred by the Township by reason of such failure or
default on the permittee, and without prior notice thereof to the
permittee and the permittee shall have no claim against the Township
for loss of anticipated profits or for any losses by reason thereof.
c. Any balance left after the expense of such failure or default, as
determined and certified by the Director, has been paid and deducted
from the amount of the escrow shall be refunded to the permittee.
[1974 Code § 22-49; Ord. #07-19 § 25-6.9;
Ord. #08-25 § 25-6.9]
a. In the case of a permit issued by the Director for a street obstruction,
related to the erection, demolition, repair, alteration or reconstruction
of a building, the permissible area of the street, highway, or sidewalk
to be obstructed, encumbered or occupied shall be determined and specified
by the Director.
b. Unless otherwise authorized in writing by the Director, the permittee
shall conduct his operation under the permit for street obstruction
in such a manner that not less then two-thirds (2/3) of the total
width of a street or highway pavement or surface shall at any time
remain free of any obstruction.
c. The permittee shall keep clear and unobstructed at all times and
shall in no way interfere with prompt access to, or adequate operation
of, all manholes, catch-basins, hydrants, valves or fire alarm boxes
that may be situated in or near the area obstructed or occupied in
accordance with the permit.
d. Except as otherwise provided herein, the permittee shall also keep
clear and unobstructed at all times the sidewalk area and gutter in
or near the area occupied under the permit and shall remove promptly
therefrom any dirt or rubbish.
[1974 Code § 22-50; Ord. #07-19 § 25-6.10;
Ord. #08-25 § 25-6.10]
a. Except as otherwise provided herein, the permittee shall erect and
maintain suitable protective barricades and fences around the obstruction
or area occupied and shall at all times provide a safe, adequate and
unobstructed passageway not less than four (4) feet in clear width
for the use of pedestrians.
b. When materials are to be moved over the sidewalks by means of derrick,
crane, hoist or chute, the permittee shall provide a safe and adequate
sidewalk shed conforming with the requirements of the Building Code
of the Township or, when so ordered by the Director shall provide
a safe, adequate and unobstructed temporary sidewalk around the obstruction
or area occupied.
c. Temporary sidewalks, when so ordered, shall wherever practicable
be built to the same level as the existing sidewalk and in such a
manner as not to interfere with the free flow of water in the street
or gutter.
d. The permittee shall also make adequate provisions for the safe passage
of vehicular traffic by day and by night. Where the free flow of traffic
is interfered with, the permittee shall designate competent persons
to direct and expedite traffic by means of lights or flags.
[1974 Code § 22-51; Ord. #07-19 § 25-6.11;
Ord. #08-25 § 25-6.11]
No permit for street obstruction shall be required for the loading
or unloading across a sidewalk area of goods, wares or merchandise
which are being transferred to or from trucks or other vehicles standing
at the curbline; provided, however, that such loading or unloading
shall be conducted in the most prompt manner possible and shall be
subject to such laws and ordinances as may be adopted by the Township
and provided further that the Director may, at the latter's discretion,
require that such loading and unloading shall take place during certain
specified hours.
[1974 Code § 22-52; Ord. #07-19 § 25-6.12;
Ord. #08-25 § 25-6.12]
Any damage resulting from the obstruction, encumbrance or occupation
of a public street, highway or sidewalk area or from the storage of
materials or operation of construction equipment or machinery shall
be repaired by the permittee to the satisfaction of the Director,
when so ordered.
[1974 Code § 22-53; Ord. #07-19 § 25-7.1;
Ord. #08-25 § 25-7.1]
Except as otherwise provided in Subsection
25-7.2, no person shall deposit, throw, spill, dump or sweep, or cause, allow or permit any agent, servant, employee or other person under his control to deposit, throw, spill, dump or sweep dirt, ashes, paper or other refuse material upon any street of the Township.
[1974 Code § 22-54; Ord. #07-19 § 25-7.2;
Ord. #08-25 § 25-7.2]
Special permits to allow the acts prohibited in Subsection
25-7.1 may be granted:
a. By the Municipal Council in case of building operations or other
necessary reasons.
b. By the Chief of Police, in case of an emergency, to permit the temporary
storage of material in such street, under such restrictions as may
be stipulated in the permit.
[1974 Code § 22-63; Ord. #82-1 § 1; Ord.
#07-19 § 25-8.1; Ord. #08-25 § 25-8.1]
As used in this section:
PERSON
Shall mean every person, firm, association, partnership and
corporation.
PLANT CONSTRUCTION
As applied to public utility companies, shall mean poles,
wires, cables, subsurface conduits, pipes, manholes and appurtenant
facilities of such companies installed in a street.
PUBLIC UTILITY COMPANY
Shall mean a public utility, as defined in the New Jersey
Statutes Annotated (N.J.S.A. 48:2-13).
STREET
Shall mean:
a.
Any public street, way or public area designated by the governing
body to be within its jurisdiction.
b.
Municipal parks and parkways.
TREE
Shall mean trees and shrubs.
[1974 Code § 22-64; Ord. #82-1 § 2; Ord.
#07-19 § 25-8.2; Ord. #08-25 § 25-8.2]
No person shall do any of the following acts to any tree on
a street without the prior permit of the Township of Woodbridge.
a. Cut, prune, climb with spikes, break, damage, remove or kill.
b. Cut, disturb or interfere in any way with any root.
d. Fasten any rope, wire, sign or other device. Nothing herein shall
prevent any governmental agency from affixing, in a manner approved
by the Township, a public notice upon a tree in connection with administering
governmental affairs.
e. Remove or damage any guard or device placed to protect any tree or
shrub.
f. Conduct razing, removal or renovation of any structure if deemed
by the Commission to be damaging to neighboring street trees.
g. Place or distribute chemicals, including but not limited to salt
deleterious to tree health.
h. Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
i. Remove soil, either for trenching or otherwise.
j. Construct new sidewalks and/or driveways with any material whatsoever
within five (5) feet of a tree.
[1974 Code § 22-65; Ord. #82-1 § 3; Ord.
#07-19 § 25-8.3; Ord. #08-25 § 25-8.3 ]
a. The Township may grant to public utility companies a blanket permit
for tree pruning for line clearance and for the installation and maintenance
of subsurface and above ground plant construction if there is interference
with or endangerment to street trees.
b. Public utility companies may, during periods of emergency and without
specific prior permit, install temporary attachments to trees and
make emergency subsurface repairs.
c. Each public utility company shall exercise reasonable diligence in
the maintenance of its plant construction so as to avoid damage to
trees under the jurisdiction of the Township.
[1974 Code § 22-66; Ord. #07-19 § 25-8.4;
Ord. #08-25 § 25-8.4]
a. Requests for permits required by the provisions of this section for the performance of work should be directed to the Director. The Director shall approve or deny permits consistent with the standards of maintenance provided in Subsection
25-8.5. Appeals of the rulings of the Director shall be made to the Municipal Council.
b. The Director shall prepare and maintain an inventory of public way
arboriculture by location, size, condition and species.
c. The Director shall execute the provisions of the Woodbridge Township
Comprehensive Plan and Program for Public Way Arboriculture adopted
by the Municipal Council and as provided for in the yearly public
way arboriculture program and the yearly budget.
[1974 Code § 22-67; Ord. #82-1 § 5; Ord.
#07-19 § 25-8.5; Ord. #07-63; Ord. #08-25 § 25-8.5;
Ord. #11-04]
a. Permits for the planting of trees provided for by this section shall
be in conformance with the Comprehensive Plan and Program for Public
Way Arboriculture, Township of Woodbridge.
b. Permits for the removal of trees shall be granted only in the following
instances:
1. The tree is within the clear sight angle, as defined by the Subdivision
Ordinance, of a street intersection or driveway-street intersection
and constitutes a visual barrier between two (2) and six (6) vertical
feet from street grade.
2. The tree is not of a species provided for in the Comprehensive Plan and Program, will be replaced by a tree species provided for in the Plan and Program and the removal is required for reason as set forth in Subsection
3 below:
3. The tree constitutes a hazard:
(a)
To other trees by reason of infection, infestation or overcrowding.
(b)
To public health in and of itself or by reason of harboring
unhealthy flora and fauna not otherwise controllable except by removal.
(c)
To public safety by reason of condition, growth, pattern, sap,
leaf, bark or seed offal causing unusual hazard to road or walkway
traction.
(d)
By creating excessive damage (of more than fifty ($50.00) dollars
annually) to sanitary sewer system, public drainage system, streets,
curbs, gutters, walkways or a principal building and for which no
other solution but removal is apparent.
(e)
As the result of an accident, intentional or unintentional damage
of a person other than the owner or lessee or resident of the home,
located on the property on which the tree is located, an Act of God,
or such other unforeseen circumstance.
4. The tree(s) prohibit the efficient operation of a solar heating system
or wind generating system.
5. The tree(s) are otherwise provided for in a landscaping plan subject to the regulation of the Chapter
150, Land Use Development Ordinance of the Township.
c. Any tree removed under the above provisions shall be replaced by
an approved tree species or an alternative planting program as provided
for in the Comprehensive Plan and Program for Public Way Arboriculture.
Any resident wishing to not plant a tree on their property will be
required to pay a waiver fee of one hundred fifty ($150.00) dollars
in the form of a check or money order payable to the Township of Woodbridge.
d. A resident making an application to have a tree removed shall deposit, along with their application, a check or money order in the amount of one hundred fifty ($150.00) dollars payable to the Township of Woodbridge. Said deposit shall be held until such time as (i) the resident indicates in writing that the deposit shall be treated as a waiver described in Subsection
c above; or (ii) the resident plants an approved replacement tree, which is inspected and approved by the Township.
Notwithstanding the foregoing, no deposit shall be required
where (a) the immediate removal of the tree is required in the best
interest of the health, safety and welfare of the community as determined
by the Township; or (b) the resident can reasonably demonstrate by
verifiable financial or other documentation, to the satisfaction of
the Township, that the deposit would pose an undue hardship to the
resident.
[1974 Code § 22-68; Ord. #82-1 § 6; Ord.
#84-49 § 2; Ord. #07-19 § 25-8.6; Ord. #08-25
§ 25-8.6]
Any person found guilty of violating any of the provisions of this section shall, upon conviction, be liable to the penalty in Chapter
1, Section
1-5. Each day any violation of this section shall continue shall constitute a separate offense.
[1974 Code § 22-4 1. 1; Ord. #84-24; Ord. #85-73;
Ord. #87-23; Ord. #96-40 § 1; Ord. #07-19 § 25-9.1;
Ord. #08-25 § 25-9.1]
As used in this section:
DISTRIBUTOR
Shall mean the person, association of persons, firm or corporation
who shall be responsible, in whole or in part, jointly or severally,
for the placement and maintenance of a news rack in the public right-of-way.
NEWSPAPER
Shall mean any publication, magazine, periodical, leaflet
or similar printed matter.
NEWSRACK
Shall mean any self-service or coin-operated box, stand,
rack, container, storage unit or other dispenser installed, used or
maintained for the purpose of offering for sale, vending, distributing
or giving away any publication.
SIDEWALK
Shall mean any surface provided for the use by pedestrians,
including the area between the sidewalk, the area between the edge
of the roadway and the property line adjacent thereto.
STREET
Shall mean all the area dedicated to public use for public
street purposes, including, but not limited to, roadways, parkways,
alleys and sidewalks.
[1974 Code § 22-41.1; Ord. #84-24; Ord. #85-73;
Ord. #87-23; Ord. #96-40 § 1; Ord. #07-19 § 25-9.2;
Ord. #08-25 § 25-9.2]
Within three (3) days of the placement of a news rack, which
shall be in accordance with the various standards and provisions of
this section, the distributor thereof shall notify the Department
of Planning and Development of said placement by obtaining from the
Zoning Officer the requisite form which shall be completed and tendered
to the Zoning Officer, along with the requisite fee of twenty-five
($25.00) dollars, which fee will cover the inspection of each newly
placed unit. Thereafter, a yearly inspection will be made at the rate
of ten ($10.00) dollars for each unit inspected. Applications for
yearly renewals will be mailed to the distributor of news racks on
a yearly basis. Those fees for the initial inspections shall be prorated
to reflect the date of application through the end of the calendar
or fiscal year, as may be established by the Township Department of
Planning and Development.
[1974 Code § 22-41.1; Ord. #84-24; Ord. #87-23;
Ord. #96-40 § 1; Ord. #07-19 § 25-9.3; Ord. #08-25
§ 25-9.3]
Any news rack which, in whole or in part, rests upon, in or
over any public property, right-of-way, street or sidewalk or projects
onto, into or over any public property, right-of-way, street or sidewalk
shall comply with the following standards:
a. No news rack shall exceed sixty (60) inches in height, twenty-four
(24) inches in width or twenty (20) inches in thickness.
b. No news rack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper sold therein.
c. Each news rack shall be equipped with a coin-return mechanism to
permit a person using the machine to secure an immediate refund in
the event that he or she is unable to receive the publication paid
for. The coin-return mechanisms shall be maintained in good working
order.
d. Each news rack shall have affixed to it, in a readily visible place
so as to be seen by anyone using the news rack, a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction or to
secure a refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
e. Each news rack shall be maintained in a neat and clean condition
and in good repair at all times. Specifically, but without limiting
the generality of the foregoing, each news rack shall be serviced
and maintained so that:
1. It is reasonably free of chipped, faded, peeling and/or cracked paint
in the visible painted area thereof.
2. It is reasonably free of rust and/or corrosion in the visible unpainted
metal areas thereon.
3. The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations.
4. The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peelings or fading.
5. The structural parts thereof are not broken or unduly misshapen.
[1974 Code § 22-4.1; Ord. #84-24; Ord. #85-73;
Ord. #87-23; Ord. #96-40 § 1; Ord. #07-19 § 25-9.4;
Ord. #08-25 § 25-9.4]
Any news rack which rests in whole or in part upon or in any
portion of a public right-of-way or which projects onto, into or over
any part of a public right-of-way shall be located in accordance with
the provisions of this subsection;
a. No news racks shall be used or maintained which projects onto, into
or over any part of the roadway of any public street or which rests
wholly or in part upon, along or over any portion of the roadway of
any public street.
b. No news rack shall be permitted to rest upon, in or over any public
sidewalk when such installation, use or maintenance:
1. Endangers the safety of persons or property;
2. Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
3. Unreasonably interferes with the ingress or egress from any residence
or place of business; or
4. Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
c. News racks shall be chained, bolted, or otherwise secured so as to
prevent their being blown down or around the public right-of-way.
d. News racks may be placed next to each other, provided that no group
of news racks shall extend for a distance of more than four (4) feet
along a curb. The distance between any news rack or group of news
racks and the next news rack or group of news racks shall not be less
than eighteen (18) feet.
e. No news rack or group of news racks, shall be placed, installed,
used or maintained:
1. Within three (3) feet of any marked crosswalk.
2. Within twelve (12) feet of a curb return or any unmarked crosswalk.
3. Within five (5) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
4. Within five (5) feet of any driveway.
5. Within three (3) feet of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping.
6. Along a curb at a point which is between the lines of a marked parking
space.
[1974 Code § 22-41.1; Ord. #84-24; Ord. #85-73;
Ord. #87-23; Ord. #96-40 § 1; Ord. #07-19 § 25-9.5;
Ord. #08-25 § 25-9.5]
Any person or persons, firm, partnership, association or corporation
or employee thereof who shall violate any of the provisions of this
section shall, upon conviction thereof, be subject to a fine not exceeding
one hundred ($ 100.00) dollars. For purposes of this section, each
day and each news rack shall constitute a separate violation. This
section shall be enforced by the office of the Director of Planning
and Development of the Township of Woodbridge.
[Ord. #97-54 § 1-6; Ord. #07-19 § 25-10;
Ord. #08-25 § 25-10]
The Township of Woodbridge will provide snow removal service
to all of the Township's residential communities that qualify
for municipal services pursuant to the Municipal Services Act starting
on July 1, 1997.
The Township of Woodbridge will not reimburse any qualified
residential communities for private snow removal service.
With respect to internal roadways of condominiums and other
qualified communities that comply with the standards for municipal
streets in all respects and are dedicated to and formally accepted
by the Woodbridge Township Council, the Township of Woodbridge will
provide snow removal service as it presently does with other municipal
streets.
With respect to internal roadways of qualifying residential
communities that comply with municipal street standards, except for
width, in accordance with the statutory definition (e.g., internal
roadways which are described as arterial roadways of the community),
but are not dedicated public streets, the Township of Woodbridge will
provide snow removal service subject to conditions in agreements between
the Township and the qualifying residential communities which shall
include, but are not limited to:
a. An agreement to indemnify and save Woodbridge harmless with insurance
in the amount of at least one million ($1,000,000.00) dollars (Woodbridge
being named as an additional insured on the qualifying residential
community's policy) and financial assurances;
b. An agreement that Woodbridge is not responsible for snow plowing
of parking lots or areas intended for parking along the arterial streets;
c. An agreement that Woodbridge will not be responsible for maintenance
and repair of the arterial roads;
d. An agreement that the qualifying residential community will take
steps that will insure that such arterial roads do not become public
streets, such as posting to that effect.
The Township of Woodbridge will have complete discretion in
determining the timing of snow removal service, given its competing
priorities and limited resources.
Internal driveways that do not qualify under the statutory definition
will be treated the same as parking lots and not be entitled to snow
removal service.
[Ord. #05-40; Ord. #07-19 § 25-11.1; Ord. #08-25
§ 25-11.1]
As used in this section, the following terms shall have the
following meanings indicated:
DUMPSTER
Shall mean a container or debris-transfer body commonly used
for the placing or collection of debris and building materials during
construction or renovation.
LICENSING OFFICE
Pursuant to this section, the Building Department of the
Township of Woodbridge shall receive and process applications.
PERSON
Shall mean and include any person, firm, partnership, association,
corporation, company, organization or entity of any type.
PUBLIC AREA
Shall mean and include any street, sidewalk, highway, public
lane, public right-of-way, public easement, alley, public parking
lot or other public place under the jurisdiction of the Township of
Woodbridge.
[Ord. #05-40; Ord. #07-19 § 25-11.2; Ord. #08-25
§ 25-11.2]
Pursuant to N.J.S.A. 27:51-1, no person shall place or utilize
a dumpster or permit a dumpster to be placed or utilized in a public
area in the Township of Woodbridge without first having obtained a
permit therefor.
[Ord. #05-40; Ord. #07-19 § 25-11.3; Ord. #08-25
§ 25-11.3; Ord. No. 2018-87]
a. In order to obtain a permit, a person shall, (1) file an application
including a certification that they will comply with the requirements
of the statutes and this section; and (2) pay a fee of fifty ($50.00)
dollars for deposit in the general fund.
b. The application shall require that the applicant specify the exact
proposed location of the dumpster, the size and capacity thereof,
the length of time that said use is required and the contemplated
use of the dumpster.
c. Upon receipt of the application, the licensing office shall grant
a permit for a period not to exceed thirty (30) days provided it is
determined that (1) the proposed site for the dumpster does not impede
the normal flow of vehicular or pedestrian traffic; (2) the proposed
site of the dumpsters does not interfere with safety site lanes, and
(3) the proposed site does not, create an unsafe condition.
d. Notwithstanding the foregoing, dumpsters shall not be permitted where
the placing of the dumpster would interfere with a community event
or celebration which is scheduled (even if not yet published to the
general public) during a portion of the period for which the dumpster
is requested.
e. A permit may be renewed for an additional thirty (30) day period
upon the same terms and conditions by filing a renewal application
in accordance with this section and paying an additional fifty ($50.00)
dollar fee.
[Ord. #05-40; Ord. #07-19 § 25-11.4; Ord. #08-25
§ 25-11.4]
a. No dumpster shall exceed forty (40) yards.
b. No dumpster shall be placed in a public area more than seventy-two
(72) hours prior to commencement of construction and/or project and
shall not remain therein more than seventy-two (72) hours subsequent
to construction and/or project being completed.
c. All dumpsters placed on public streets or roadways shall comply with
the provisions of the statutes and all parking ordinances of the Township
of Woodbridge.
d. A permit may be revoked at any time during its term if the placement
or use of a dumpster constitutes a hazard to the health, safety or
welfare of the citizens of the Township or for any other reason which
constitutes a nuisance which was unforeseen at the time of the approval
of the granting of the permit.
e. The Township Business Administrator may exempt from all but the safety
requirement of this section any persons contracting to perform work
for the Township.
f. Upon removal of the dumpster, the public area shall be swept clean
of all loose debris and restored to its former condition in accord
with the standards of the Township Engineering Department.
g. All dumpsters shall at all times be kept in good repair and shall
be structurally sound and leak proof and shall be painted as to prevent
the show of rust or deterioration and shall be constructed to stand
firmly upright.
h. The person who obtains the permit shall be responsible for the cost
of any cleanup, or repair that results from the use or placement of
any dumpster.
[Ord.#05-40; Ord. #07-19 § 25-11.5; Ord. #08-25
§ 25-11.5]
Each day that a dumpster is placed or utilized in violation
of the terms of this section shall constitute a separate offense.
Each offense hereunder shall be punishable by a minimum fine of one
hundred ($100.00) dollars.
[Ord. #05-40; Ord. #07-19 § 25-11.6; Ord. #08-25
§ 25-11.6]
Notwithstanding any other evidence of legislative intent, it
is hereby declared to be the controlling legislative intent that if
any provision of this section, or the application thereof to any person
or circumstances, is held invalid, the remainder of the act and the
application of such provision to persons or circumstances other than
those to which it is held invalid, shall not be affected thereby.