The power to regulate excavation and construction in the
public streets is contained in R.S. 40:67-1. The incidental power
to perform work where a landowner has refused and recover the cost
thereof is contained in R.S. 40:67-9.
Shall be defined as New Jersey Department of Transportation
- Standard Specifications for road and Bridge Construction, 1983 edition.
No person shall cut, dig, drill, bore under, make any hole,
trench or other excavation on any road, street, alley, highway, sidewalk
or any other public way within the Township of Ocean for the purpose
of laying any pipes or mains of any description, or for the purpose
of repairing or connecting any pipe or conduit pipe with any water
or gas main, or for laying any sewer mains, or for installing any
service laterals, or installing or connecting any telephone line or
cable, electric wires or cable or television cable under the surface
of any street, or for any other purpose, without first having obtained
a permit from the township engineers' office.
In the event of an emergency, where repairs must be made immediately,
and the person charged with the responsibility for making the repairs
would be unduly delayed by seeking a permit in the specified manner,
the excavation may be made prior to obtaining a permit. The person
having made the excavation shall apply for a permit within two working
days after the beginning of the emergency opening. Prior to any emergency
opening during normal township working hours, a telephone call shall
be placed to the township engineers' office to notify of the
proposed emergency opening. If the emergency opening occurs outside
normal working hours, the person responsible for making the repair
shall notify the police dispatcher so that the incident is logged
in.
Application for a permit shall be made to the township engineer's
office on township approved forms.
The information required for a permit shall include, but not
be limited to:
a.
The name of the street where the opening is to be made.
b.
The house number, if any, and the Township of Ocean's current
Tax Map block and lot number of the property.
c.
The purpose for which the opening is to be used.
d.
The nature of the road surface in which the opening is to be made.
e.
The dimensions of the opening.
f.
The date and time when the work is to be commenced and anticipated
completion time.
g.
Name of the person, firm or corporation who shall perform the work.
Upon the filing of a valid application for permit, together
with the inspection and permit fee, deposits, insurance certificates
and bond as required by this ordinance, the township shall issue a
permit which shall specify when work can be started. The permit shall
be valid for a period of 90 days. If the street opening has not commenced
within 90 days, the issued permit shall be void and a new permit will
be required. The township shall retain the cash repair deposit until
the applicant has completed the work of filling in, leveling, grading
and restoring any road, alley, street, highway, sidewalk, or any other
public way so excavated, and said restoration work has survived one
year of normal vehicle traffic from the date that restoration has
been inspected and approved by the engineer.
If during that one-year period, it is required by the township
to patch, repair or replace any or all of the restored area to protect
the health and safety of the general public, the cash repair deposit
posted shall be forfeited in an amount equal to the township's
direct or indirect costs plus an additional 50% of these costs as
a penalty.
Each application for a road opening shall be classified under
one of five classes of excavation and the nonrefundable inspection
and permit fees are as follows:
a.
Class A Excavation: One square foot to 100 square feet of pavement
disturbance and patching in one working day or less. Inspection and
permit fee is $125 per each excavation or road cut.
b.
Class B Excavation: One hundred one square feet to 250 square feet
and completion of excavation and patching in one working day or less.
Inspection and permit fee is $175 per each excavation or road cut.
c.
Class C Excavation: Two hundred fifty-one square feet to 500 square
feet and completion of excavation and patching in one working day
or less and longitudinal cut not longer than 20 linear feet that are
within four feet of the outside edge of the pavement or face of curb.
Inspection and permit fee is $225 for each excavation or road cut.
d.
Class D Excavation: Five hundred one square feet and over, or excavation
or road cuts requiring more than one working day for excavation and
patching or longitudinal cuts longer than 20 linear feet not classified
Class "C". Inspection and permit fees shall be $275 plus $10 per 100
square feet in excess of 501 square feet or fraction thereof.
e.
Class E Excavation: All excavations which are contracted in such
a way, that a duly licensed professional engineer shall be responsible
for all required inspections and the inspection will be performed
under his supervision and direction and the contractor has posted
a performance bond with a public utility. The licensed professional
engineer shall provide the township engineer with all "punch lists"
which shall be generated by his inspections. No performance bond shall
be released until the professional engineer has obtained a written
notification by the township engineer that final patching and/or paving
is acceptable and a two year maintenance bond has been posted to guarantee
that the patching and/or paving will remain in an acceptable condition.
The inspection and permit fee shall be $105 for each excavation, road
cut or project.
a.
The application for an excavation permit to perform excavation work under this section shall be accompanied by a cash repair deposit unless a performance guaranty is accepted in lieu thereof pursuant to subsection 8-1.6b1 of this section. Such cash repair deposit shall take the form of cash or certified check payable to the Township of Ocean and shall be received by the township prior to the issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work performed in accordance with the excavation permit.
The cash repair deposit shall be posted by the applicant in
the amount of $500 for each Class A, B, and C permit required. With
regard to each Class D permit requested that will not exceed 1,000
square feet of patching a cash repair deposit in the amount of $1,500
will be required. All Class D permits exceeding 1,000 square feet,
shall require a cash repair deposit as determined by the engineer
based upon the municipal cost factors for road construction.
This cash repair deposit will be retained by the Township of Ocean for a period of one year from the date the excavation trench and pavement repairs are inspected and approved, to guarantee the continuous pavement maintenance of said repair. If the pavement patch becomes disrepaired by: (1) unraveling; (2) settlement of one-half inch or more; (3) dislodging; (4) separating from the surrounding road surface; (5) undermining; (6) pot holing; or (7) any other way that would endanger the public, and the public works department of the township is used to repair the patch, the cash bond shall be forfeited to the township per subsection 8-1.4.
An attempt will be made to notify the applicant prior to such repairs being made, but such notification shall not be mandatory prior to repairs being made by the public works department to protect the general public. After the one-year period, the cash repair deposit, if not forfeited as outlined in subsection 8-1.4, shall be returned to the permit holder upon his application for return submitted to the township engineers' office by certified mail.
b1.
Any utility company under the jurisdiction
of the bureau of public utilities, may be exempted from subsection
8-6.1a, by posting a blanket corporation bond with the township clerk
which shall be acceptable to the township attorney in the amount of
$5,000. The bond shall be in full force and effect in lieu of separate
cash bonds for each required permit as surety for performance and
maintenance periods.
b2.
Whenever the township engineer shall find that a default has
occurred in the performance of any term or condition of the permit
by said utility company referred to in paragraph b1 above, a written
notice thereof shall be given to the applicant and to the surety on
the bond. Such notice shall state the work to be done, the estimated
cost thereof, and the period of time deemed by the township engineer
to be reasonably necessary for the completion of such work.
b3.
After receipt of such notice, the surety must, within the time
therein specified, either cause the required work to be performed
or, failing therein, indemnify the township for the cost of doing
the work as set forth in the notice.
A permittee, prior to the commencement of excavation work hereunder,
shall furnish to the township clerk satisfactory certificates of insurance
indicating that the permittee has in force and will maintain in force,
during the performance of the excavation work and the period of the
excavation permit, public liability insurance of not less than $300,000
for any one person and $1,000,000 for any one accident, and property
damage insurance of not less than $500,000 duly issued by an insurance
company authorized to do business in this state. The township shall
be named as an additional insured on the permittee's insurance
policy. In cases where the character or nature of the proposed excavation
work are such as to present an unusual hazard or a higher than normal
risk of damage or injury, the township engineer may require the provision
of increased amounts of liability and property damage insurance.
By the making of an application for a permit, the permittee
agrees to indemnity and save harmless the Township of Ocean, its offices,
agents and servants from and against any loss, injury or damage (including
the costs of providing a defense) resulting from any negligence or
the fault of the permittee in the case of work covered by the permit.
The permittee shall also indemnify and save harmless the Township
of Ocean (including the costs of providing a defense) against any
damage done to other utilities as the result of a road opening.
a.
When the township improves or paves any street or a person or representatives
of a person improves or paves any street, the township engineer's
office shall first give notice to all persons owning property abutting
the street about to be paved or improved, and to all public utilities
and authorities operating in the township, and all such persons, utilities
and authorities shall make all connections as well as any repairs
thereto which would necessitate excavation of the street within 30
days of the giving of such notice. The time shall be extended if permission
is requested in writing and approved by the township engineer.
b.
No street opening permit shall be issued by the township engineer's
office to any person given notice under this section or their assignees
or successors which would allow an excavation or opening in paved
and improved street surface less than five years old unless the applicant
can clearly demonstrate that public health or safety requires that
the proposed work be permitted or unless an emergency condition exists.
c.
If by special action of the township council a permit is approved
to be issued by the township engineer's office to open any paved
or improved street surface less than five years old, a penalty charge
shall be made for opening, except that the penalty fee shall be waived
by the township engineer in the event the work is of an emergency
nature. The penalty charge shall be on a sliding scale determined
as follows:
1.
Penalty assessment = $1,000.
2.
Area of road cut in S.F. x $5 = Varies.
Total 1 and 2 = Varies
Penalty factor is 2% of the above total for each unelapsed month or fraction thereof of the five year (60 months) restricted period. Maximum penalty shall be 120% of above total and a minimum penalty shall be $500. Inspection and permit fees are payable in addition to the penalty charges set forth herein pursuant to subsection 8-1.4. No portion of the penalty charge shall be refundable and penalty charges do not relieve the permit holder from the required performance and maintenance cash bond or the required insurance. Restoration of all road openings in "New Street" pavement shall be to a "newly paved" condition. The restoration shall be according to the "deep patch" method described in Asphalt Institute Booklet MS -16.
a.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts, or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the township, or
to or from its inhabitants, or for any other purpose shall file with
the engineer's office within two years after the adoption of
this chapter accurate information showing the location, size and description
of all such installations.
b.
Within 30 days after the first day of January of each and every year,
such person shall file with the engineer's office additional
information showing installation, including all those made or abandoned
during the previous years; provided, however, if no additions have
been made to its installation during the previous years, a utility
or authority may file with the engineer's office a written statement
to that effect, within the period of time specified above. A utility
or authority may at its own option elect to provide additional information
throughout the year as it is available rather than proceed as above
noted.
All permits issued pursuant to this chapter shall be governed
by the following safety regulations which must be complied with by
each permit holder. Failure to comply with said regulations may be
grounds for revocation of permit.
a.
Prior to starting any excavation in a township street which requires
a street opening permit from the township engineer's office,
the contractor must comply with the following:
1.
Obtain the necessary street opening permit.
2.
The immediate work area is to be protected with barricades and signs
of such quantity and location so as to afford vehicle operators ample,
warning that road construction is in progress. Barricades shall be
located so as to provide a safe passage of vehicles around the work
site. Barricades and signs shall be in accordance with the standards
of Part VI of the Uniform Manual on Traffic Control Devices, published
by the U.S. Department of Transportation, as amended.
b.
For all openings or projects which will not be completed within one
working day, or which will necessitate the closing of the street,
the following additional regulations will apply.
1.
The location and description of traffic control devices must be shown
on the sketch. All devices must be positioned in accordance with the
aforesaid Manual of Uniform Traffic Control Devices. This sketch will
be forwarded to the Traffic Safety Division for their comments five
working days prior to an excavation.
2.
Construction work will only be permitted at the time specified on
the application.
3.
Streets to be closed must be closed and opened at the times specified
on the application.
4.
Construction equipment will not be stored or parked within the roadway
after working hours.
5.
If a uniformed police officer is required for traffic control, this
request must be made in writing by the Contractor to the Township
of Ocean Police Department.
6.
If flagmen are to be utilized, they shall be dressed, positioned,
and equipped in accordance with Part VI of the Manual of Uniform Traffic
Control Devices.
7.
Work areas shall be properly protected and lighted from sunset to
sunrise.
8.
At least 24 hours' written notice must be given to the township
engineer's office and the Township of Ocean police department
before any excavation can begin.
9.
Copies of the Manual of Uniform Traffic Control Devices are on file
with the township engineer, the Township of Ocean Traffic Safety Division
and are available from the Federal Highway Administration or the New
Jersey Department of Transportation.
No building permit shall be issued for the construction of any
building on any lot, unless:
a.
Said lot abuts on an existing street which has been improved with
curbs, sidewalks, driveway aprons, proper drainage facilities and
a hard surface road, all of which shall conform with the specifications
provided in this chapter or an escrow account is set up with the township
to guarantee that curbs, sidewalks, driveway aprons, proper drainage
facilities and a hard surface road will be completed prior to issuance
of a certificate of occupancy. This escrow amount shall be determined
by the township engineer and shall equal 120% of the estimated municipal
cost for such improvements. An agreement shall be entered with the
township in connection with said escrow account.
No certificate of occupancy shall be issued for any structure
unless and until the terms and provisions of this section have been
met and complied with, provided, that if sidewalks would not likely
be beneficial to the neighborhood, the township engineer shall certify
the same and have the authority to waive the sidewalk requirement
and recommend the issuance of a certificate of occupancy without the
installation thereof.
In the event that the existing right-of-way line, the physical
travelled way, or other physical conditions in the field preclude
the proper location of curbs consistent with the provisions of this
chapter, or if the construction of the curb in the proper location
would create a possible hazard to the traveling public, cause a mis-alignment
of the travelled way, or conflict with anticipated roadway construction
by others, or if the construction of curbs would serve no valid purpose,
the township engineer shall certify to the township council this fact
and shall recommend in said certification that the curb construction
requirement be modified or waived. This waiver, if granted, will not
relieve the present or future property owner from any future assessment
for the construction of curbs in the event the township proceeds with
a curb construction program involving the parcel in question.
In the event that a new street or sidewalk is to be constructed
within the limits of the Township of Ocean for use by the public,
the person proposing to construct said street or sidewalk shall submit
to the township engineer, for review and approval, a comprehensive
plan, prepared by a licensed professional engineer, containing the
following information as a minimum:
a.
A detailed plan of the property and streets showing their locations,
the proposed sidewalks, curbs, and driveway aprons, all utility services,
existing and proposed, elevations sufficient to determine drainage
and the widths of existing connecting streets.
b.
Plan and profile of the proposed sidewalk and street, typical street
cross-sections, details of manholes, inlets, culverts, curbs, driveways,
aprons and other construction details. The plan of the road shall
show curve data, proposed pavement width, proposed curb line, all
property lines and the location of storm drains, culverts, subdrains
and other items of construction.
The approval of any plan shall in no way be construed as an
acceptance of any street; nor shall any such approval in any way obligate
the township to maintain or exercise jurisdiction over such street.
Sidewalks shall have a minimum thickness of four inches nominal
and a minimum width of four feet. Sidewalks shall be constructed at
the locations and to the prescribed lines and grades as directed by
the township engineer but shall be constructed after the adjacent
curb has first been installed. The subgrade shall be smooth and even
and shall be compacted by rolling, after which gravel shall be spread
to a depth of not less than three inches, and compacted. Concrete
for sidewalks shall have a twenty-eight-day compressing strength of
3,500 P.S.I. and shall be air-entrained. Only one brand of cement
shall be used, except where authorized in writing by the township
engineer. The finish shall be with a wood float followed by brushing
with a set, soft-haired brush, to a neat, workmanlike surface. Expansion
joints, one-half inch wide, shall be provided at intervals of 20 feet
or less and filled with pre-formed bituminous cellular type and pre-formed
bituminous type joint filler. Surface grooves shall be cut perpendicularly
to the line of the sidewalk at intervals equal to its width. Exposed
edges shall be neatly rounded to a radius of one-half inch. Aprons
for driveways shall be of the same material as herein specified for
curbs and shall be constructed to a six inch minimum normal thickness
and shall in no event extend in the driveway toward the house a distance
of more than five feet from the back of the curb lines, at which point
the top surface of the apron shall be level with the top of the curb.
The top surface elevation, at the intersection of the house side of
the sidewalk and the driveway apron, shall be the same.
Top soil shall be stripped from the subgrade to a depth of eight
inches. The subgrade when completed shall be true to the lines, grades
and cross-section given on the plan. After the subgrade has been correctly
shaped, it shall be brought to a firm unyielding surface in accordance
with methods of construction as set forth in Section 208 of the Standard
Specifications. All soft and spongy places shall be excavated and
refilled solidly as directed by the township engineer. All stumps
shall be removed in their entirety.
Embankments or fills shall be formed of suitable material so
as to thoroughly settle before constructing pavement upon it, pursuant
to Sections 202, 203 and 204 of the Standard Specifications, and be
approved by the township engineer.
French underdrains shall be installed where necessary as directed
by the township engineer. These underdrains shall consist of A.D.S.
pipe, P.V.C. perforated pipe, perforated metal pipe or porous concrete
with a minimum diameter of six inches, wrapped in porous fabric laid
in the bottom of a trench excavated to the depth and width approved
by the township engineer. Stone underdrains as hereinafter specified
may be used for laterals.
Stone underdrains shall consist of a trench not less than 15
inches wide at the bottom, of a depth approved by the township engineer,
and be filled with two and one-half inch broken stone or washed gravel
to within six inches of the subgrade.
a.
Drains or culverts shall consist of sections of cast iron, A.D.S.
pipe, P.V.C. pipe, corrugated multiplate or reinforced concrete pipe.
All pipe shall comply with the requirements of the current Standard
Specifications governing materials.
b.
The location, length, depth, grade, type and size of pipe for culverts
shall be as designated on the plans indicated herein, or as directed
by the township engineer. Trenches shall be bridged at all street
crossings, intersecting streets, public and private entrances, in
such a manner that traffic will not be interrupted. This work must
be approved by the township engineer.
c.
Storm drains and cross drains shall be installed as designed and
approved.
d.
Headwalls, catch basins or inlets shall be installed as designed
and approved and installed according to Standard Specifications.
e.
Easements of a width sufficient to allow proper maintenance shall
be provided for the outletting of all drains, pipe lines, etc., to
streams, existing storm drains, or other legal drainage courses. These
easements shall be deeded to the township by approved legal procedure.
f.
All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins, and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of subsection 21-55.14 of the Land Development Ordinance of the Township of Ocean and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq. as applicable.
a.
Concrete curbs shall be constructed of formed, monolithically-poured,
Class "B" air-entrained Portland cement having a minimum twenty-eight-day
compressive strength of 4,500 P.S.I. Curb cross-section shall generally
be of trapezoidal shape, except that upper corners shall be rounded,
and shall have a horizontal base not less than eight inches wide,
a horizontal top not less than six inches wide and vertical rear face
not less than 18 inches in height. The front face shall be constructed
to provide a reveal of six inches height adjacent to the street pavement.
All materials, methods and workmanship shall be in strict accordance
with requirements set forth within Section 605 of the Standard Specifications.
b.
Granite curbs shall be constructed with concrete foundation having
a minimum width of 12 inches and a minimum depth of six inches below
granite blocks as specified and/or detailed within Figure 4.1 of N.J.A.C.
5.21 et seq. All materials, methods and workmanship shall be in strict
accordance with requirements set forth within Section 605 of the Standard
Specifications. The installation of granite curb shall be limited
to lengths of installation of a minimum of 1,000 feet or a full block,
whichever is less.
c.
Concrete gutters may be required, at the discretion of the township
engineer, on streets having a slope of 5% or greater and shall have
a rectangular cross-section 18 inches in width and eight inches in
thickness. Concrete gutters shall be constructed of Class "B", air-entrained
Portland cement concrete having a minimum twenty-eight-day compressive
strength of 4,500 P.S.I. and shall be formed and monolithically poured
upon a four-inch compacted thickness of Dense Graded Aggregate. All
materials, methods and workmanship shall be in strict accordance with
requirements set forth within Sections 605 and 901 of the Standard
Specifications.
d.
Upon receipt of a survey and field layout including placement of
on-site stakes from an owner of a single-family residential lot having
frontage upon an existing, accepted street within the township, the
township engineer will assist the property owner or their representative
without charge with the installation of new curbs along the frontage
of the lot.
The paved widths of all streets measured from face of curb to
face of curb shall be as follows:
All streets shall be graded with a longitudinal grade of not
less than six inches per 100 feet and a cross section of not less
than one-half quarter inch to the foot nor more than one-half inch
to the foot, each side of the center line.
The subbase for road construction shall be brought to a firm
unyielding surface by rolling the entire area with an approved roller
weighing not less than 10 tons. All soft and yielding material and
other portions of the subgrade which do not attain the required stability
or will not compact readily when rolled or tamped, shall be removed.
All loose rock and bounders found in the earth excavation shall be
removed or broken off to a depth of not less than six inches below
the surface of the subgrade. When subbase material is needed to replace
unsuitable subgrade material, it shall consist of stone not more than
three inches in the largest dimension; crushed rock or slag varying
in size from one inch to three inches; sand or gravel or road gravel.
All holes or depressions made by the removal of material shall be
refilled with suitable materials and the whole surface compacted uniformly.
Where, in the opinion of the township engineer, subbase conditions
of the proposed streets are wet, springy or of such nature, that surfacing
would be inadequate without first treating the subbase, the minimum
treatment of the subbase shall be made in the following manner: the
street shall be excavated to a depth that shall be a minimum of 14
inches below the proposed finished grade. Subbase materials as outlined
in the above paragraph shall be placed to a depth which, after thorough
rolling, shall be not less than six inches. After the subbase material
has been properly placed and compacted, the street surfacing material
and base, as described in the next paragraph, shall be spread thereon.
The minimum requirements for the construction of any street
shall be:
a.
Type 5, Class "A" quarry processed stone subbase not less than six
inches in depth after ultimate compaction;
b.
Asphaltic oil tack coat;
c.
Bituminous stabilized base course, gravel mix, not less than two
and one-half inches in depth after compaction; and
d.
Bituminous concrete type FABC-1 or SM surface course not less than
1 1/2 inches after ultimate compaction.
a.
The pavement at all intersections shall be tapered into existing
pavement with a smooth transition.
b.
On all dead-end streets, a cul-de-sac shall be provided, having a
radius of not less than 45 feet and paved in its entirety.
c.
Where a road is not completed for its entire length, a turn-around
shall be constructed having a radius of 45 feet, surfaced with four
inches of quarry strippings properly graded throughout its entire
area.
a.
All materials and appurtenances, unless otherwise specified herein,
shall comply with requirements set forth in the Standard Specifications.
b.
Delivery slips or a reproduction thereof for all materials used in
a construction of roads and appurtenances thereto, shall be turned
over to the township engineer for tabulation and inspection.
c.
When, in the opinion of the township engineer, the quantity or quality
of the material are in need of testing, the materials shall be tested
by an approved testing laboratory at the expense of the property owner.
All underground utilities, drains or other facilities located
within the roadway/portion of the street shall be installed prior
to the placing of the road surfacing material.
All driveway entrances constructed onto public roads shall be
constructed as directed by the township engineer and shall be constructed
in a manner that will not interfere with the drainage flow along the
curb line or along the ditch line of any public road.
All work shall be inspected throughout the course of construction
by the township engineer.
The owner of real property contiguous to any curb or sidewalk
located in the township shall have the duty at such owner's expense,
to repair and maintain such curb or sidewalk in a safe condition and
in accordance with the specifications of this chapter. Such duty shall
apply whether or not the owner of such property has received notice
of any unsafe or other condition of the curb or sidewalk under this
section. Nothing in this section shall be construed to expand the
liability of the owners of any such contiguous property to third parties
as a result of the condition of any such curb or sidewalk.
Any curbing or sidewalk which is now installed or is hereafter installed shall not be removed, except to repair or restore such curb or sidewalk. In addition, nothing in this section shall be construed to permit the removal of any shade tree or any portion of the root system of a shade tree except in accordance with Chapter 15 of these Revised General Ordinances.
The township council shall have the power to condemn any unfit,
impaired or decayed curb or sidewalk within the limits of the Township
of Ocean and to notify the owners contiguous to any such curb or sidewalk
that the same must be repaired or restored in its original condition
in accordance with the provisions of this section.
Notice shall be given to the owner of land contiguous to such
curb or sidewalk that, unless the repair or restoration of any condemned
curb or sidewalk shall be completed within 30 days after service of
said notice, said improvements may be made by the Township of Ocean
at the cost and expense of such owner. At the expiration of the thirty-day
period provided in said notice, if the ordered improvement has not
been made by the owner of property affected thereby, the township
council shall have the power and authority to proceed and complete
said improvement at the cost and expense of the owner of the land
in front of which said improvement is made and to assess such cost
and expense as a lien against the contiguous property in the manner
provided by law.
a.
Fire hydrants shall be spaced so that there are a sufficient number
of hydrants within a reasonable distance to obtain the quantities
of water needed to handle the required fire demand.
b.
Fire hydrant size, type and installation shall conform to the AWWA
standard for Dry-Barrel Fire Hydrants. ANSI/AWWA C502.
c.
All fire hydrants shall conform to NFPA 291.
d.
Fire Hydrants shall have at least three outlets; one outlet shall
be a pumper outlet size for the appropriate fire district, and the
other outlets shall be at least 2 1/2 inch nominal size.
The appropriate fire marshal's office for Fire District
1 or Fire District 2 shall be responsible for review of plans.
No fire hydrant shall be placed at the closed end of a turnaround
of a cul-de-sac unless the distance between the open end and the closed
end is greater than 500 feet, in which event fire hydrants shall be
placed at both the open end and closed ends of the turnaround. Whenever
a fire hydrant is located in the closed end of a turnaround of a cul-de-sac,
the water lines connected to the same shall be looped, and the plans
for the same shall be approved by the appropriate fire district. Exceptions
can be made at the discretion of the appropriate fire marshal.
The water purveyor or privately operated "yard hydrant" owners
shall be responsible for all annual inspections. All fire hydrants
shall be flowed, flushed and lubricated at least once a year, and
records shall be maintained on said maintenance, showing date, time,
flushing time, maintenance performed and comments, problems, corrections,
repairs and the like. Copies of said maintenance records shall be
forwarded to appropriate fire districts annually.
Pipe size shall comply with the following requirements.
a.
Water mains shall be a minimum diameter of eight inches except at
the end of a permanent cul-de-sac, a fire flow will determine the
size. A six-inch main may be used when it serves not more than 20
dwelling units and only one fire hydrant.
b.
Design capacity of water mains shall be such as to maintain a pressure
of 20 pounds per square inch (psi) at street level under all flow
conditions.
The appropriate Fire District shall be notified when any fire
hydrant is taken out-of-service, placed back in-service or used for
private use.
[Ord. No. 2124; Ord. No. 2014-2217]
Any person, firm or corporation found guilty in the Municipal
Court of the Township of Ocean of a violation of the terms of this
section shall be subject to a fine of not more than $2,000 or imprisonment
for a period not exceeding 90 days, or both, in the discretion of
the Municipal Court Judge. Any fines collected shall be forwarded
to the respective fire district.
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Ocean so as to protect the public health, safety and welfare, and
to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Township of Ocean or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies or surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in section 8-6.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 8-6.4c below.
a.
Design engineers shall use either
of the following grates whenever they use a grate in pavement or another
ground surface to collect stormwater from that surface into a storm
drain or surface water body under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
(2)
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
This section shall be enforced by the Township of Ocean Police
Department and/or other municipal officials of the Township of Ocean.
[Ord. No. 2157; Ord. No. 2014-2217]
Any person who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $2,000 for
each storm drain inlet that is not retrofitted to meet the standard
design.
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
In the interpretation and application of the provisions of this
chapter, such provisions of this chapter, shall be minimum standards,
adopted for promoting the health, safety and general welfare of the
municipality.
Whenever the requirements of this chapter are in conflict with
the requirements of any lawfully adopted rules, regulations or ordinances,
the most restrictive or those imposing the higher standards shall
govern.
[Ord. 1458; Ord. 2124; Ord. 2157; Ord. No.
2014-2217]
a.
Maximum Penalty. For violations of this chapter or any other ordinance
of the Township of Ocean, County of Monmouth, where no specific penalty
is provided regarding the section or sections violated, the maximum
penalty shall be a fine of $2,000, or imprisonment for 90 days, or
both.
b.
Separate Violation. Except as otherwise provided, every day that
a violation of any ordinance shall continue shall be deemed a separate
violation.
c.
Application. The maximum penalty stated in the general clause of
this chapter is not intended to state an appropriate penalty for every
violation. Any lesser penalty, including a nominal penalty or no penalty
at all, may be appropriate for a particular case or particular violation.
If any section, subsection, paragraph, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part of the provisions hereof other than the part so adjudged
to be invalid or unconstitutional.
This chapter shall take effect upon its final passage and publication
as required by law.
