Township of Woodbridge, NJ Streets and Sidewalks

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.

§ 25-1.2 Definitions.

[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.

§ 25-1.3 Application for Permit; Contents; Accompanying Data.

[1974 Code § 22-21; Ord. #07-09; Ord. #07-19 § 25-3.2; Ord. #08-25 § 25-1.3]

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.

The application form shall contain:

Name(s) and address(es) of the applicant.

The owner of the property for whom the work is to be performed.

Location of property, including the block and lot designation thereof.

If work is not specific to a lot, provide the distance from the work site to the nearest cross street.

Size and purpose of the opening to be made, and maximum size of such opening.

Date or dates when the work is to be performed.

Type of pavement or surface to be disturbed.

The application shall be accompanied by:

Such necessary sketches and any additional information as the Director may require.

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.

§ 25-1.4 Permit to Be Exhibited.

[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.

§ 25-1.5 Term of Permit; Extension.

[1974 Code § 22-13; Ord. #07-19 § 25-2.3; Ord. #08-25 § 25-1.5; Ord. #11-22]

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.

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.

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.

§ 25-1.6 Permits: Revocation; Not Transferable.

[1974 Code § 22-8; Ord. #07-19 § 25-1.7; Ord. #08-25 § 25-1.6]

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.

No permit issued, pursuant to the provisions of this chapter shall be assigned or transferred, except upon the prior written consent of the Director.

§ 25-1.7 Restrictions; Performance of Work.

[1974 Code § 22-3; Ord. #07-19 § 25-1.2; Ord. #08-25 § 25-1.7]

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.

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.

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.

§ 25-1.8 Expenses Incurred by Township.

[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.

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.

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.

§ 25-1.9 Materials.

[1974 Code § 22-5; Ord. #07-09; Ord. #07-19 § 25-1.4; Ord. #08-25 § 25-1.9]

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.

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.

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.

§ 25-1.10 Work to Conform to Applicable Regulations.

[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.

§ 25-1.11 Cleaning Up; Topsoil and Sod.

[1974 Code § 22-9; Ord. #07-19 § 25-1.8; Ord. #08-25 § 25-1.11]

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.

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.

§ 25-1.12 Poles and Wires.

[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.

§ 25-1.13 Penalty for Violations.

[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.

§ 25-2 SIDEWALKS, CURBS, CURBS AND GUTTERS, AND DRIVEWAYS. [1]

[1]

Note: For statute authorizing municipalities to adopt ordinance providing for the repair of sidewalks, see N.J.S.A. 40:65-1 et seq.

§ 25-2.1 Permit Required.

[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.

§ 25-2.2 Fees Due Prior to Issuance of Permit; Exceptions.

[1974 Code § 22-14; Ord. #07-19 § 25-2.4; Ord. #08-25 § 25-2.2; Ord. #11-22]

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]

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.

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.

A permit shall not be required for work being performed by a contractor employed by the Township.

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.

§ 25-2.3 Work to Conform to Township Specifications.

[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.

§ 25-2.4 Depressed Curb for Driveway Entrance.

[1974 Code § 22-17; Ord. #07-19 § 25-2.7; Ord. #08-25 § 25-2.4]

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.

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.

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.

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.

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.

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.

§ 25-2.5 Pedestrian and Vehicular Traffic.

[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.

§ 25-2.6 Maintenance and Repair of Sidewalks, Driveways, Curbs, Curbs and Gutters and Lawns.

[1974 Code § 22-19; Ord. #07-19 § 25-2.9; Ord. #08-25 § 25-2.6]

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.

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.

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.

§ 25-3 STREET OPENINGS. [1]

[1]

Note: For State statute authorizing a municipality to adopt ordinances to prescribe the time, manner in which, and term upon which, persons shall exercise any privilege granted to them in digging up streets and highways, see N.J.S.A. 40:67-1c.

§ 25-3.1 Permit Required.

[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.

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.

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.

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.

§ 25-3.2 Permit Moratorium.

[Ord. #08-25 § 25-3.2; Ord. #09-60]

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:

In order to repair a broken water line.

In order to repair a broken gas line.

In order to repair a broken sanitary sewer line.

In areas of documented groundwater contamination, to install a water service in order to abandon a potable water well that has, become contaminated.

In order to convert an existing property from oil to natural gas.

In order to install new curb or replace existing curb.

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]

Pavement repairs in roads under moratorium shall utilize infrared technology to ensure a seamless repair.

§ 25-3.3 Insurance Required.

[1974 Code § 22-23; Ord. #89-19; Ord. #07-19 § 25-3.4; Ord. #08-25 § 25-3.3; Ord. #12-19]

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.

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.

Property damage insurance in the amounts of not less than one million ($1,000,000.00) dollars for each occurrence.

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.

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.

§ 25-3.4 Fees Due Prior to Issuance of Permits; Exception.

[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]

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:

A performance guarantee in the amount prescribed in the Subsection 25-3.5.

A fee of $100 for homeowners or a fee of $200 for utility companies.

[Amended 2-19-2019 by Ord. No. 19-29]

Permits issued after the start of construction shall pay to the Director a fee of six hundred ($600.00) dollars.

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.

No fee shall be charged a public service corporation for the installation or relocation of utility poles.

A permit shall not be required for work being performed by a contractor employed by the Township.

§ 25-3.5 Performance Guarantee Amounts; Disposition; Period of Maintenance.

[1974 Code § 22-25; Ord. #89-19; Ord. #07-19 § 25-3.6; Ord. #08-25 § 25-3.5; Ord. #11-22]

The amount of the performance guarantee for street openings shall be two thousand ($2,000.00) dollars or as determined by the Director.

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.

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:

He/she is sixty-five (65) years of age or older; or

That he/she is permanently disabled and collecting social security disability income; then the owner shall not be required to post a performance guarantee.

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.

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.

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.

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.

§ 25-3.6 Annual Performance/Maintenance Guarantee in Lieu of Individual Guarantees.

[1974 Code § 22-26; Ord. #07-09; Ord. #07-19 § 25-3.7; Ord. #08-25 § 25-3.6; Ord. #11-22]

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.

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.

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.

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.

§ 25-3.7 Public Service Corporation; Bond in Lieu of Individual Guarantee; Agreement in Lieu of Insurance; Emergencies.

[1974 Code § 22-27; Ord. #77-3; Ord. #11-22]

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.

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.

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.

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.

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.

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.

§ 25-3.8 Protection of Existing Pipes, Conduits or Structures.

[1974 Code § 22-28; Ord. #07-19 § 25-3.9; Ord. #08-25 § 25-3.8]

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.

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.

§ 25-3.9 Maintaining and Protecting Traffic.

[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.

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.

Where the free flow of traffic is interfered with, the permittee shall designate competent persons to direct and expedite traffic movement.

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.

§ 25-4 EXCAVATING AND BACKFILLING.

§ 25-4.1 Disposition of Excavated Material.

[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.

§ 25-4.2 Sheathing and Shoring Required; Exception.

[1974 Code § 22-31; Ord. #07-19 § 25-4.2; Ord. #08-25 § 25-4.2]

Sheathing and shoring shall be provided in accordance with the most recent OSHA rules and regulations.

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.

§ 25-4.3 Rock Excavation; Blasting.

[1974 Code § 22-32; Ord. #07-19 § 25-4.3; Ord. #08-25 § 25-4.3]

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.

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.

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.

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.

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.

§ 25-4.4 Backfilling.

[1974 Code § 22-33; Ord. #07-19 § 25-4.4; Ord. #08-25 § 25-4.4]

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.

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.

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.

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.

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.

Compacting the backfill by means of flooding or puddling with water will not be allowed.

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.

§ 25-4.5 Tunneling Under Pavements and Sidewalks Prohibited; Exceptions.

[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:

The prior written approval of the Director is obtained.

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.

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.

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.

§ 25-5 RESURFACING OF PAVEMENTS.

§ 25-5.1 Temporary Resurfacing.

[1974 Code § 22-35; Ord. #07-19 § 25-5.1; Ord. #08-25 § 25-5.1]

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.

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.

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.

§ 25-5.2 Concrete Pavements.

[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]

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.

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.

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.

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.

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.

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.

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.

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.

Approved joints shall be installed where directed.

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.

The resurfaced area shall not be opened to traffic until so ordered by the Director.

§ 25-5.3 Bituminous Pavements.

[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]

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.

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[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.

[1]

Editor's Note: Table 1 is on file in the Township offices.

§ 25-5.4 Macadam Pavements.

[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]

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.

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[1] shall have the base course increased in compacted thickness to nine inches.

[1]

Editor's Note: Table 1 is on file in the Township offices.

§ 25-5.5 Pavement Surfaces.

[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.

§ 25-5.6 Work Done by Township; Reimbursement; Liability.

[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.

§ 25-6 STREET OBSTRUCTIONS.

§ 25-6.1 Permit Required.

[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.

§ 25-6.2 Application for Permit: Contents; Accompanying Data.

[1974 Code § 22-42; Ord. #07-09; Ord. #07-19 § 25-6.2; Ord. #08-25 § 25-6.2]

Any person desiring a permit for street obstruction shall make application therefor to the Director upon forms provided for that purpose.

The application shall contain:

Names and addresses of the applicant and of the owner of the property in front of which the street obstruction is proposed.

Location of the property, including the block and lot designation thereof.

Extent and nature of the proposed obstruction.

Date or dates thereof.

The application shall be accompanied by:

Such necessary sketches and additional information as the Director may require.

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.

§ 25-6.3 Term of Permit; Extension.

[1974 Code § 22-43; Ord. #07-19 § 25-6.3; Ord. #08-25 § 25-6.3]

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.

§ 25-6.4 Insurance Required.

[1974 Code § 22-44; Ord. #07-19 § 25-6.4; Ord. #08-25 § 25-6.4]

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:

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.

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.

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.

§ 25-6.5 Fees and Escrows Due Prior to Issuance of Permit.

[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 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.

An escrow in the amount prescribed in Subsection 25-6.7.

§ 25-6.6 Extension of Permits; Fees.

[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 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, for each extension of thirty (30) days or less.

§ 25-6.7 Escrows: Amounts; Failure to Pay.

[1974 Code § 22-47; Ord. #07-19 § 25-6.7; Ord. #08-25 § 25-6.7]

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:

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.

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.

Minimum amount of the escrow for each street obstruction: fifty ($50.00) dollars.

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.

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.

Failure on the part of the permittee to comply with the order shall be considered sufficient cause for revocation of the permit.

§ 25-6.8 Escrows: Term of Retention; Default; Unexpended Balance.

[1974 Code § 22-48; Ord. #07-19 § 25-6.8; Ord. #08-25 § 25-6.8]

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.

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.

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.

§ 25-6.9 Permissible Area of Obstruction.

[1974 Code § 22-49; Ord. #07-19 § 25-6.9; Ord. #08-25 § 25-6.9]

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.

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.

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.

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.

§ 25-6.10 Safeguarding Pedestrian and Other Traffic.

[1974 Code § 22-50; Ord. #07-19 § 25-6.10; Ord. #08-25 § 25-6.10]

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.

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.

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.

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.

§ 25-6.11 Loading and Unloading Across Sidewalks.

[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.

§ 25-6.12 Damage Resulting from Street Obstructions.

[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.

§ 25-7 DEPOSIT OF MATERIALS ON STREETS.

§ 25-7.1 Depositing of Refuse and the Like on Paved Streets; Exception.

[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.

§ 25-7.2 Special Permits.

[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:

By the Municipal Council in case of building operations or other necessary reasons.

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.

§ 25-8 ARBORICULTURE ON PUBLIC WAYS.

§ 25-8.1 Definitions.

[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:

Any public street, way or public area designated by the governing body to be within its jurisdiction.

Municipal parks and parkways.

County roads.

State highways.

TREE

Shall mean trees and shrubs.

§ 25-8.2 Permits Required for Nonutility Operations.

[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.

Cut, prune, climb with spikes, break, damage, remove or kill.

Cut, disturb or interfere in any way with any root.

Spray with any chemical.

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.

Remove or damage any guard or device placed to protect any tree or shrub.

Conduct razing, removal or renovation of any structure if deemed by the Commission to be damaging to neighboring street trees.

Place or distribute chemicals, including but not limited to salt deleterious to tree health.

Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health.

Remove soil, either for trenching or otherwise.

Construct new sidewalks and/or driveways with any material whatsoever within five (5) feet of a tree.

Plant a tree or shrub.

§ 25-8.3 Permits Required for Utility Operations.

[1974 Code § 22-65; Ord. #82-1 § 3; Ord. #07-19 § 25-8.3; Ord. #08-25 § 25-8.3 ]

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.

Public utility companies may, during periods of emergency and without specific prior permit, install temporary attachments to trees and make emergency subsurface repairs.

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.

§ 25-8.4 Administration.

[1974 Code § 22-66; Ord. #07-19 § 25-8.4; Ord. #08-25 § 25-8.4]

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.

The Director shall prepare and maintain an inventory of public way arboriculture by location, size, condition and species.

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.

§ 25-8.5 Maintenance Standards.

[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]

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.

Permits for the removal of trees shall be granted only in the following instances:

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.

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:

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.

The tree(s) prohibit the efficient operation of a solar heating system or wind generating system.

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.

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.

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.

§ 25-8.6 Violations and Penalties.

[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.

§ 25-9 NEWSPAPER VENDING MACHINES.

§ 25-9.1 Definitions.

[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.

§ 25-9.2 Maintenance and Inspection Fees.

[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.

§ 25-9.3 Maintenance and Installation Standards.

[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:

No news rack shall exceed sixty (60) inches in height, twenty-four (24) inches in width or twenty (20) inches in thickness.

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.

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.

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.

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:

It is reasonably free of chipped, faded, peeling and/or cracked paint in the visible painted area thereof.

It is reasonably free of rust and/or corrosion in the visible unpainted metal areas thereon.

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.

The paper or cardboard parts or inserts thereof, if any, are reasonably free of tears, peelings or fading.

The structural parts thereof are not broken or unduly misshapen.

§ 25-9.4 Location and Placement.

[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;

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.

No news rack shall be permitted to rest upon, in or over any public sidewalk when such installation, use or maintenance:

Endangers the safety of persons or property;

Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle;

Unreasonably interferes with the ingress or egress from any residence or place of business; or

Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.

News racks shall be chained, bolted, or otherwise secured so as to prevent their being blown down or around the public right-of-way.

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.

No news rack or group of news racks, shall be placed, installed, used or maintained:

Within three (3) feet of any marked crosswalk.

Within twelve (12) feet of a curb return or any unmarked crosswalk.

Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.

Within five (5) feet of any driveway.

Within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.

Along a curb at a point which is between the lines of a marked parking space.

§ 25-9.5 Violations and Penalties.

[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.

§ 25-10 SNOW REMOVAL FOR QUALIFIED PRIVATE COMMUNITIES.

[Ord. #97-54 § 1-6; Ord. #07-19 § 25-10; Ord. #08-25 § 25-10]

§ 25-10.1

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.

§ 25-10.2

The Township of Woodbridge will not reimburse any qualified residential communities for private snow removal service.

§ 25-10.3

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.

§ 25-10.4

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:

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;

An agreement that Woodbridge is not responsible for snow plowing of parking lots or areas intended for parking along the arterial streets;

An agreement that Woodbridge will not be responsible for maintenance and repair of the arterial roads;

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.

§ 25-10.5

The Township of Woodbridge will have complete discretion in determining the timing of snow removal service, given its competing priorities and limited resources.

§ 25-10.6

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.

§ 25-11 DUMPSTERS.

§ 25-11.1 Definitions.

[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.

ENFORCEMENT AGENCY

Shall mean the Department of Police of the Township of Woodbridge.

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.

§ 25-11.2 Permit Required.

[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.

§ 25-11.3 Application for Permit; Fees.

[Ord. #05-40; Ord. #07-19 § 25-11.3; Ord. #08-25 § 25-11.3; Ord. No. 2018-87]

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.

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.

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.

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.

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.

§ 25-11.4 Regulation, Requirements.

[Ord. #05-40; Ord. #07-19 § 25-11.4; Ord. #08-25 § 25-11.4]

No dumpster shall exceed forty (40) yards.

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.

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.

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.

The Township Business Administrator may exempt from all but the safety requirement of this section any persons contracting to perform work for the Township.

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.

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.

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.

§ 25-11.5 Violations and Penalties.

[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.

§ 25-11.6 Severability.

[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.