[1]
Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The incidental power to perform work where a land owner has refused to do so and to recover the cost thereof is contained in N.J.S.A. 40:67-9. See also Chapter 11, Traffic, for pre-construction meeting requirements and work regulations.
[1971 Code § 15-1.1; Ord. No. 2015-71]
As used in this section:
Shall mean any road, highway, public way, public alley, easement
or other right of way accepted or maintained by the Township as a
public street, as well as any State or County road or highway over
which the Township has acquired jurisdiction by agreement.
[1971 Code § 15-1.2; Ord. No. 99-11 § 2; New; Ord. No. 2015-71]
a.
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Township Engineer, and consulting the Police Department pursuant to subsection 11-8.2.
b.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work has begun.
c.
Should it be determined by the Township Engineer, based on the number
of emergency openings performed by a public utility company that the
number of emergency openings being performed in a specific area of
the Township indicates need to permanently repair or replace the facility(ies),
the public utility company shall be so notified in writing by the
Township Manager. The public utility shall be required to submit a
plan to the Township within 30 calendar days of said notice to permanently
repair or replace their facility(ies) in order to eliminate the occurrence
of emergency openings.
After submission of the plan to the Township, the public utility
company shall have 60 calendar days to obtain the necessary street
opening permits and initiate the repair or replacement work. Failure
of the public utility to provide the information as required in this
subsection shall entitle the Township of Lakewood to declare a public
health hazard and petition the Board of Public Utilities to mandate
that the public utility company make the necessary repairs or replacement
of their facility(ies).
d.
No permit for the excavation of any street shall be issued between
December 1 and March 1, except for emergencies at the discretion of
the Township Engineer, or as provided by resolution adopted by the
Township Committee. All street excavations commenced after March 1
must be completed, backfilled and restored prior to December 1.
[1971 Code § 15-1.3; Ord. No. 2015-71]
The Township Engineer shall refuse the issuance of any permit,
if such refusal is in the interest of public safety, public convenience
or public health. In the event that any permit shall be refused, an
appeal may be taken to the Township Committee.
[1971 Code § 15-1.4; Ord. No. 99-11 § 4; Ord. No. 2015-71]
Applications for a permit shall be made to the Township Engineer
and shall contain the following information:
a.
Name and address of the applicant.
b.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
c.
The Township tax map block and lot number of the property for the
benefit of which the opening is to be made.
d.
Nature of the surface in which the opening is to be made.
e.
Character and purpose of the work proposed.
f.
Time when the work is to be commenced and completed.
g.
A set of plot or site plans of the work site, in quadruplicate, indicating
the following:
1.
The exact location and dimensions of all openings to be made.
2.
The specific installations to be made.
3.
The types of proposed traffic control devices to be utilized for
the projects, said devices to be in conformity with the guidelines
set forth in the Manual of Uniform Traffic Control Devices, current
edition.
h.
The name and address of the worker or contractor who is to perform
the work, as well as the names and telephone numbers of at least two
persons responsible on a 24 hour call basis to handle emergency repairs
for said contractor.
i.
A statement from the applicant agreeing to replace at his own cost
and expense within 48 hours, the street, curb, gutter and sidewalk
in accordance with this section and to the satisfaction of the Township
Engineer.
[1971 Code § 15-1.5; Ord. No. 99-11 § 5; Ord. No. 2009-52 § 1; Ord. No. 2015-71]
The following schedule of fees is hereby fixed, determined and
established as being the fees to be paid to the Township of Lakewood
to be drawn upon by the Municipal Engineer in conjunction with the
issuance and servicing of such permits, and supervision and inspection
of such openings to proper restoration.
a.
Openings not greater than 50 feet in length, $100.
b.
Openings up to 100 feet in length, $125.
c.
Openings up to 200 feet in length, $150.
d.
Openings up to 400 feet in length, $200.
e.
Openings over 400 feet, $300, plus fifty ($0.50) cents per lineal
foot in excess of 400 feet.
f.
An administrative fee of $25 shall be added to the permit fee amount
referenced above.
[1971 Code § 15-1.6; Ord. No. 99-11 § 6; Ord. No. 2017-71; Ord. No. 2017-56; Ord. No. 2018-15]
To insure complete restoration of the roadway, a non-refundable
road restoration fee shall be provided to the Township at the time
the road opening permit is filed. The fee shall be placed in a trust
account for future road repair work. The fee shall be $250 or $10
per square yard, of the proposed final paved trench size, whichever
is greater. The amount of the fee shall be computed by multiplying
the final paved trench length in feet by the final paved trench width
in feet, divided by nine, which produces square yards. No fractions
of area will be used. The value shall be rounded up to the nearest
square yard. Wherein the actual final paved trench size differs from
the proposed final paved trench size by 10% or more, the difference
shall either be paid to the Township or refunded to the applicant.
Where this fee is applicable, no temporary certificate of occupancy
or certificate of occupancy shall be granted, unless said fee has
been paid.
[1971 Code § 15-1.7; Ord. No. 2015-71; Ord. No. 2017-56]
No permit shall be issued until the applicant has filed a bond
in an amount determined to be sufficient by the Township Engineer.
The Township Engineer may waive the requirements of this subsection
in the case of public utilities upon the presentation of satisfactory
proof that it is capable of meeting any claims against it up to the
amount of the bond which would otherwise be required. The bond shall
be executed by the applicant as principal and a surety company licensed
to do business in the State of New Jersey as surety and shall be conditioned
as follows:
a.
To indemnify and hold harmless the Township from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation arising out of injury to any person or property resulting
from any work done by the applicant under the permit.
b.
To indemnify the Township for any expense incurred in enforcing any
of the provisions of this section.
c.
To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act of omission of the applicant,
his agents, employees or subcontractors, done in the course of any
work under the permit.
d.
The bond shall also be conditioned upon the applicant's restoring
surface and foundation of the street for which the permit is granted
in a manner acceptable to the Department of Public Works.
e.
For roads which have a moratorium still in effect, which the Township
Committee has granted permission to the Township Engineer to permit
the road to be opened, via resolution, a bond in the amount to be
determined by the Township Engineer, to mill and pave two inches thick
the entire frontage of the lot(s) from edge to edge, or curb to curb
as the case may be shall be provided. Said bond shall remain in force
for a period of two years or the remaining time of the moratorium,
whichever period is longer. For utility companies, or other entities
not associated with a specific property or properties, opening said
road, the limits shall be for the length of the opening, plus five
feet at both ends, or a minimum length of 25 feet, whichever is greater.
|
One bond may be accepted to cover a number of excavations by
the same applicant.
|
[1971 Code § 15-1.7A; Ord. No.
99-11 § 8; Ord. No. 2015-71]
a.
A permittee, prior to the commencement of excavation work hereunder,
shall furnish the Municipal Manager with satisfactory evidence in
writing 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 $500,000
for any one person and one million ($1,000,000.00) dollars for any
one accident and property damage insurance of not less than $50,000
duly issued by an insurance company authorized to do business in this
State. The Township of Lakewood and its Engineer shall be named as
additional insureds.
b.
In cases where the character or nature of the proposed excavation
work is such as to present an unusual hazard or a higher than normal
risk of damage or injury, the Township Committee may require provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability shall be
referred by the Municipal Manager for the consideration by the governing
body prior to the issuance of a permit.
[1971 Code § 15-1.8; Ord. No. 99-11 § 9; Ord. No. 2015-71]
a.
The methods of construction for excavation and backfill shall be
in accordance with the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, 1983 or latest edition,
and such other provisions as are included herein and as may be added
in the special conditions.
b.
No road opening or excavation of a cross trench shall extend beyond
the centerline of the road before being backfilled, compacted and
the surface of the roadway temporarily restored.
c.
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage of those facilities and to permit
their relocation, if necessary. Storm drains, pipe culverts or other
facilities encountered shall be protected by the permittee. If the
work performed interferes with the established drainage system of
any street or road, provision shall be made by the permittee to provide
proper drainage during construction and restore the existing system
all to the satisfaction of the Municipal Engineer.
d.
No dewatering equipment, wells, points or piping shall occupy the
traveled portion of roadways unless specifically approved and adequately
protected to the satisfaction of the Municipal Engineer. In addition,
effluent from dewatering systems shall be discharged in such a manner
that erodible soils are not adversely affected. All silt and sediments
being carried in the dewatering effluent must be intercepted prior
to effluent discharge into any drainage system through the use of
a sediment basin designed to allow retention of discharge for sufficient
time to render such waters free from suspended silt and sediments.
The use of screening devices in lieu of sedimentation basin must receive
specific approval and be employed only for minor flows.
e.
Any gravel, earth or other excavated material which is caused to
roll, flow or wash upon any Township road shall be removed from the
roadway within 24 hours after deposit. In the event the earth, gravel
or other excavated material so deposited is not removed, the Township
shall remove the material and the cost incurred shall be paid by the
permittee or deducted from his deposit. Applicants are put on notice
that due to the work schedule of the Public Works Road Department,
it will be necessary to make such repairs after normal working hours.
The permittee shall employ construction methods and means that will
keep flying dust to the minimum to the satisfaction of the Municipal
Engineer:
f.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Lakewood Township Department of Public
Works deems necessary to secure the traveled way for snow removal
operations. At the first sign of precipitation, all work on the shoulders
and traveled way shall stop and they shall be cleared of all dirt,
etc., and the area backfilled so as not to interfere with municipal
snow operations until the weather permits resumption of work.
g.
Right-of-way or property monuments and/or markers, traffic control
devices and other Township maintained devices on the right-of-way
shall not be removed or disturbed unless permission to do so is first
obtained in writing from the Municipal Engineer. Permission shall
be granted only upon the condition that the permittee shall pay all
expenses incident to the replacement of such monumentation and/or
devices.
h.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to ten parts (1:10)
sand.
i.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable State laws
and regulations.
[1971 Code § 15-1.9; Ord. No. 99-11 § 10; Ord. No. 2015-71; Ord. No. 2017-56; Ord. No. 2018-15]
a.
Within grassed areas, all trench openings and damaged areas shall
be backfilled for the top four inches with topsoil as defined in the
New Jersey Department of Transportation Standard Specifications for
Road and Bridge Construction, 1983 or latest edition. Then, both the
trench and area disturbed by excavated material and construction operations
shall be seeded with Fertilizing and Seeding, Type A as specified
in the same specifications.
b.
Within the limits of gravel roadways, driveways and parking areas
all trench openings shall be backfilled and contacted as heretofore
noted. The top eight inches shall be backfilled with eight inches
of compacted Soil Aggregate Designation I-5 (Formerly Type 2 Class
A or B road gravel) as defined in the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, 1983 or
latest edition.
c.
Within the limits of bituminous concrete or bituminous treated roadways
all trench openings shall be backfilled and compacted as required
in the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, 1983 or latest edition. The upper
12 inches of the trench shall receive a temporary repair of six inches
of compacted Soil Aggregate Designation I-5 (Formerly Type 2 Class
B road gravel) as defined in the above-listed specifications, topped
with six inches of bituminous stabilized base course, (Mix I-2) as
defined in the above-listed specifications.
The temporary pavement shall remain in place until any residual
settlement takes place, which time shall not exceed four months. During
this time, the permittee shall assure maintenance of the pavement
surface level. Manholes, valve boxes or other physical utility obstructions,
shall have feathered approaches not to exceed a 5% slope where necessary
and pavement lining shall be restored by the permittee for adequate
traffic control.
Final paving shall be as follows; The existing pavement shall
be milled to a clean straight line approximately 12 inches away from
each side of the existing disturbed pavement to a depth of two inches.
Pavement to be milled in areas not accessible to the milling machine
shall be removed by other equipment. Any pavement below the specified
level of milling that becomes dislodged or delaminated prior to resurfacing
shall be replaced with bituminous concrete prior to resurfacing. Milled
area shall be swept clean. Prior to placement of the two inches of
Bituminous Concrete Surface Course, the existing asphalt shall be
prepared in accordance with NJDOT Standard Specifications. Tack coat
or prime coat, as applicable, shall be applied in accordance with
the applicable rates and application methods set forth in said specifications.
Placement, finishing, compaction and construction of the two inches
of Bituminous Concrete Surface Course FA-BC (Mix I-5) shall be performed
in accordance with the requirements set forth in the NJDOT Standard
Specifications.
For roads which have a moratorium still in effect and said disturbance
is less than 10% of the road, final paving shall be as follows; The
existing pavement shall be swept and dried. The entire trench area
plus one foot border of the existing pavement to remain shall be heated
with an infrared heater to a temperature between 320 - 350 degrees,
without burning or oxidizing it. The heater shall be removed. The
softened asphalt shall be scarified to a depth of two inches. Rake
the rejuvenator into the softened asphalt. Place virgin Bituminous
Concrete Type FA-BC (Mix I-5) into the trench area and mix with the
existing asphalt. Level and compact the trench area.
For roads which have a moratorium still in effect and said disturbance
is equal to or greater than 10% of the road, final paving shall consist
of milling and paving two inches of the entire pavement surface from
curb to curb, with Bituminous Concrete Type FA-BC (Mix I-5) as defined
in the above-listed specifications. For applications associated with
a building permit, said limits shall extend from property line to
property line, for all other applications said limits shall extend
a minimum of five feet beyond the disturbance, or a minimum of 25
feet, whichever is greater.
The applicant shall notify the Township Engineer at least two
business days prior to the final restoration of trenches so that the
adequate inspection can be arranged.
d.
Within the limits of Portland cement concrete roadways, all trench
openings shall be backfilled and compacted as previously required,
a satisfactory foundation prepared, the reinforcement restored and
the concrete pavement equal in thickness to that in place in the roadway
replaced with concrete as defined in the above-listed specifications.
e.
Road openings and/or trenches involving unusual or special conditions
including attachment to bridges shall be restored in accordance with
and pursuant to the direction of the Municipal Engineer.
f.
In the event that temporary paving, patching, final paving, or any
other aspect of the restoration process is not completed to the satisfaction
of the Municipal Engineer, and Public Works Road Supervisor, or his
designated representative, the Township shall complete the restoration
and the cost incurred shall be paid by the permittee.
[1971 Code § 15-1.10; Ord. No.
99-11 § 11; Ord. No. 2015-71; Ord. No. 2017-56]
a.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
b.
Commencement of Work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extended in writing by the Township Engineer.
c.
Possession of Permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Township Engineer, must
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee or to
any Police Officer of the Township.
d.
Revocation of Permit. The Township may revoke a permit for any of
the following reasons:
1.
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
2.
Violation of any condition of the permit issued.
3.
Performing work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or declared by any provision of the revision to constitute a nuisance.
|
The procedure for revoking a permit shall be the same as that
set forth in this revision for the revocation of licenses, except
that the initial hearing shall be before the Township Committee, and
the Township Committee may provide in the decision that the revocation
shall not become effective if the permittee corrects the violation
within a specified period of time.
|
e.
Protection for Traveling Public.
1.
The applicant shall keep all trenches and/or street openings properly
guarded through the use of breakaway barricades, flashing lights,
signs and reflectorized drums consistent with the Manual on Uniform
Traffic Control Devices. Except as may be specifically permitted under
special conditions herein, the applicant shall maintain one lane of
traffic in each direction except in the immediate vicinity of the
excavation and then only during working hours. In the vicinity of
the excavation, one lane shall be kept open and alternated in the
direction of traffic through use of uniformed traffic directors. While
the excavation operation is in progress, uniformed traffic directors
shall be provided at all times. Also, a 48" x 48" W20-1F "Road Construction
Ahead" Sign and a 48" x 48" W20- 7A(S) "Flagman Ahead" sign shall
be installed in each direction 1,000 feet and 500 feet respectively
in advance of operations. At the close of each day's operation,
the applicant shall return the roadway to operation of one lane of
traffic in each direction. NO excavation within and/or immediately
adjacent to roadways available to traffic shall remain open overnight.
2.
Where specifically covered in the special conditions, a road may
be temporarily closed. Any anticipated closing of Township roads due
to construction must be approved by the Township Engineer with detailed
plans and plans for emergency vehicle access submitted to him for
review and approval a minimum of two weeks in advance of any anticipated
closing. Any anticipated closing of County or State roads which would
affect traffic on Township roads must be reviewed and approved by
the Township Engineer a minimum, of two weeks before any anticipated
traffic pattern change. The Township reserves the right to alter the
applicant's construction schedules in the coordination of traffic
flow through an area where multiple openings are to take place.
3.
All construction signing and protection devices must be in accordance
with the Manual on Uniform Traffic Control Devices. A minimum of two
business days' notice shall be given to the Township Engineer
in advance of the start of any road opening so that an on-site review
of such signs and protection devices can be made by Township inspection
personnel.
4.
Construction equipment shall not be positioned or stored on any street
after working hours unless approved by the Traffic and Safety Divisions
of the Lakewood Police Department.
5.
When a contractor is obligated to supply uniformed Police Officers
on the job site, as a condition of his permit, all arrangements shall
be made through the Traffic and Safety Division of the Lakewood Police
Department who shall assign the Officers two business days in advance
of the commencement of work on the project,
f.
Indemnity. In accepting a permit, the permittee shall be deemed to
have agreed to indemnify and save harmless the Township from and against
any and all loss, costs or damages incurred by reason of any damage
to any property, injury to any person or any loss of life resulting
from any negligence of the permittee, its agents or servants in performing
the work covered by the permit. The Township of Lakewood and its Engineer
shall be named as additional insureds.
g.
Applicability. The provisions of this section shall not be applicable to any excavation work under the direction of competent Township Officials, by employees of the Township or by any contractor of the Township or agency or department of the Township performing work and in behalf of the Township necessitating openings or excavations in streets, nor shall the provisions of subsection 20-1.5, subsection 20-1.6 and subsection 20-1.7 apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided that such subdividers or site developers have posted cash guarantees and surety in accordance with the applicable ordinance requirements.
h.
The applicant shall give the required two business days' notice
as applicable to the Township Engineer prior to making any road openings,
except in cases of emergency. No project shall commence on a Saturday,
Sunday or holiday and no work which will interfere with traffic, or
restrict the width of pavement available for traffic, shall be performed
on those days. Further, work authorized by a permit shall be performed
between the hours of 9:00 a.m. and 7:00 p.m., Monday through Friday,
unless the permittee obtains written permission from the Township
Engineer to do work at an earlier or later hour. Such permission shall
be granted only in the case of an emergency or in the event that work
authorized by the permit is to be performed in traffic-congested areas.
i.
All trench openings must be backfilled and compacted immediately
and the trench shall have been restored to at least temporary pavement
requirements daily. Final paving shall be completed within four months.
[1971 Code § 15-1.11; Ord. No.
2015-71]
The Township Committee may make any rules and regulations, by
resolution, which it considers necessary for the administration and
enforcement of this section, but no regulation shall be inconsistent
with, alter or amend any provision of this section, or impose any
requirement which is in addition to those expressly or by implication
imposed by this section. Copies of all current regulations shall be
furnished each permittee at the time of the issuance of the permit.
[1971 Code § 15-1.12; Ord. No.
2015-71]
This section shall not be construed as imposing upon the Township
or any official or employee thereof any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder; nor shall
the Township or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
[1971 Code § 15-1.13; Ord. No 99-11 § 14; Ord. No. 2015-71]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during which a violation
occurs or continues.
[Ord. No. 99-11 § 15; Ord. No. 2015-71; Ord.
No. 2017-56]
a.
Whenever the Township Committee enacts any ordinance or resolution
providing for the paving or repaving of any street, the Municipal
Manager shall promptly mail a written notice thereof to each person
owning any sewer, main, conduit or other utility in or under the street.
The notice shall notify such persons that no excavation permit shall
be issued for opening, cuts or excavations in the street for a period
of five years after the completion of the improvements. The notice
shall notify such persons that applications for excavation permits,
for work to be done prior to such paving or repaving, shall be submitted
promptly in order that the work covered by the excavation permit may
be completed not later than 12 months from the date of the notice.
The Municipal Manager shall promptly mail copies of such notice to
the occupants of all houses, buildings or other structures abutting
the street for their information, and to all property owners whose
property abuts the street. The Municipal Manager must also mail such
notices to the State agencies and departments or other persons that
may desire to perform excavation work in the street.
b.
Within 12 months, every public utility company receiving notice as
prescribed herein shall perform such excavation work, subject to the
provisions of this section, as may be necessary to install or repair
sewers, mains, conduits or other utility installations, In the event
any owner of real property abutting the street shall fail within the
12 months to install or repair utility, service lines or service connections
to the property lines, any and all rights of such owner or his successors
in interest to make such openings, cuts or excavations in the street
shall be forfeited for a period of five years from the date of the
notice.
c.
Every Township department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
the street is directed to take appropriate measures to perform such
excavation work within the 12 month period as to avoid the necessity
for making any openings, cuts or excavations in the new pavement in
the Township street during said five year moratorium period.
[Ord. No. 2001-68; Ord. No. 2015-71]
a.
Whenever building permits are issued for new construction involving
heretofore undeveloped land or land cleared by demolition or the renovation
to an existing structure that results in an increase of at least 1,000
square feet of floor area on properties abutting a street, the owner/developer
shall be required to construct municipal improvements along the entire
frontage of his property abutting the street. Construction of said
improvements shall require the acquisition of street opening permit(s)
in accordance with this chapter. No Certificates of Occupancy shall
be issued without recommendation by the Municipal Engineer that the
developer has complied with the requirements of this section.
b.
An exemption from the requirements of this section may be granted
by the Township Engineer. Said exemptions shall be based upon, but
not limited to a review of the current condition of the existing street
improvements to which the property abuts.
[1971 Code § 15-2.1; Ord. No. 2001-68; Ord. No. 2015-71]
It shall be unlawful for any person to construct or remove,
or cause to be constructed or removed, any sidewalk, driveway apron,
curb or gutter or any part thereof within any public right-of-way
in the Township without first having obtained a permit to do so from
the Township Engineer, Property owners shall be responsible for maintaining
sidewalks, driveway aprons, and concrete curbs. In the event that
the Township should repair any sidewalk, driveway apron, concrete
curb, or gutter, the Township shall be reimbursed by the owner.
[1971 Code § 15-2.2; Ord. No. 2015-71]
Application for a permit under this section shall be made to
the Township Engineer by the owner of the premises or his agent upon
forms provided by the Township and shall contain the following information:
a.
The name and address of the applicant.
b.
The name and address of the person who is to perform the proposed
work, and the name and address of the owner of the property on which
the work is to be performed, if other than the applicant.
c.
The location, by street number or otherwise, of the premises where
the work is to be done.
d.
The estimated cost of the proposed work.
e.
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and prominent object, as well as its width and relationship to the
grade of the street and the adjacent property and, in the case of
a driveway apron, its slope or pitch.
f.
Any other information that the Township Engineer deems necessary
in order to determine whether the work will comply with this chapter.
[1971 Code § 15-2.3; Ord. No. 2001-68; Ord. No. 2015-71; Ord. No. 2017-56]
a.
Materials, measuring, mixing, preparation of the foundation, forms,
joints, depositing of concrete, finishing, curing and protection are
to be in accordance with the current New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction or the latest
revision thereof. A copy of the specifications is to be on file with
the Township Clerk.
b.
All sidewalk, driveway apron, curb, gutter, or other right-of-way
improvements shall be constructed in accordance with standard construction
detail established by the Municipal Engineer. Copies of said detail
sheets may be purchased from the Municipal Engineer's Office.
c.
The contractors shall be required to confer with the Township Engineer
two business days before starting any work, and further shall not
be permitted to pour any concrete until the Township Engineer has
checked and approved the forms for alignment and grade. Failure to
do so may result in said work being removed and redone.
d.
For the installation of curb or sidewalk in the Township, forms shall
be of wood or metal, straight, free from warp, of sufficient strength,
to resist springing during construction and of a height equal to the
full depth of the finished curb or sidewalk. Wood forms shall be two
inch surfaced plank, it being understood that dressed lumber of one
and five-eighths (1 5/8) inch width is herein permitted (where
sharpness of curvature does not permit the use of two inch material,
plywood or fibre board of lesser thickness may be used with the permission
of the Township Engineer) or as provided in the particular specifications
for the job in question.
[1971 Code § 15-2.4; Ord. No. 2001-68; Ord. No. 2015-71; Ord. No. 2017-56]
The applicant shall notify the Township Engineer at least two
business days prior to the construction of improvements in accordance
with the street-opening ordinance so that the adequate inspection
and testing can be arranged. Failure to do so may result in said work
being removed and redone.
[1971 Code § 15-2.5; Ord. No. 2015-71]
This section shall not apply to:
[1971 Code § 15-2.6; Ord. No. 2015-71]
a.
The Township Committee may by resolution order the construction of
sidewalks and curbs in any streets within the Township. The Municipal
Manager may, by written notice filed with the Township Clerk, order
the repair of any existing sidewalk or curb not in good repair.
b.
When the resolution above mentioned is adopted, the cost of the construction
of new curbs or sidewalks shall be paid by the owner or owners of
the real estate abutting said curb or sidewalk on which the improvement
is made except that the Township shall pay the entire cost of curb
and sidewalk lying in the angles of intersections of streets, and
the Township shall pay 2% of the cost of other curb and sidewalk construction.
Primary engineering costs shall be paid by the Township.
c.
Following the adoption of a resolution providing for the construction
of sidewalk or curb, and prior to the making of the improvement, or
the awarding of a contract therefor, the Township Clerk shall give
notice to the owner or owners of all real estate affected. The notice
shall contain a description of the property affected sufficient to
identify it, a description of the improvement, a statement that the
Township will contract for the improvement, and a statement that 98%
of the cost is to be borne by the owner or owners of such real estate.
The notice shall be served as provided in N.J.S.A. 40:65-3 to 40:65-5.
[1971 Code § 15-3.1; Ord. No. 2015-71]
All dwelling houses, stores or other buildings erected within
the Township shall be numbered in conformity with the street numbers
on the tax and assessment maps of the Township filed in the Office
of the Director of Inspections of the Township, and in the files of
the Tax Assessor.
[1971 Code § 15-3.2; Ord. No. 2015-71]
The owner of any dwelling house, store or other building incorrectly
or improperly or insufficiently numbered, shall be notified in writing
by the Municipal Manager or his appointed designee, or such other
person so designated by the Township Committee to change or replace
such incorrect or improper number or to affix a number where one is
lacking within 10 days after date of such notice.
[1971 Code § 15-3.3; Ord. No. 2015-71]
Upon any subdivision or resubdivision of the land in the Township
resulting in lots other than those numbered on the tax and assessment
maps on the records, the Municipal Manager or his appointed designee,
shall within 30 days after final approval thereof, assign a number
to each lot resulting from the subdivision or resubdivision which
shall be in proper numerical sequence in relation to the number assigned
to other lots fronting on the same street and the Municipal Manager
or his appointed designee shall record same upon the map and notify
the owner of the property of the numbers so assigned.
[1971 Code § 15-3.4; Ord. No. 2015-71]
The number so assigned to each building shall be displayed by
the owner or occupant on the front of the building or in the front
yard of the lot on which the same stands and shall be of a size not
less than three inches in height and so located as to be clearly visible
to persons passing by the premises on the abutting street.
[1971 Code § 15-3.5; Ord. No. 2015-71]
No Certificate of Occupancy shall be issued for occupancy of
any building hereafter erected or enlarged unless the provisions of
the foregoing subsection shall have been complied with.
[1971 Code § 15-3.6; Ord. No. 2015-71]
Upon application by the owner of any property in the Township
to the appropriate municipal department head, said municipal official
shall furnish such owner with the correct number of such property.
[1971 Code § 15-3.7; Ord. No. 2015-71]
The occupant or owner of any building who shall not comply with the provisions of subsection 20-3.4 within 60 days after notice of the number assigned to such buildings shall, upon conviction thereof, be fined not more than $50 at the discretion of the Judge of the Municipal Court.
[1971 Code § 15-3.8; Ord. No. 2015-71; Ord. No. 2017-56]
The Zoning Officer shall assign numbers according to the following
standards:
a.
In the area bounded by Main Street, Lakewood Avenue, Somerset Street
and County Line Road:
1.
Odd numbers on the north and east sides of the street.
2.
Even numbers on the south and west sides of the street.
3.
Streets south of Carey Street and east of Princeton Avenue will have
the directional designation east, as in "East Seventh Street".
4.
Streets south of Carey Street and west of Princeton Avenue will not
have any directional designation, as in "Eleventh Street".
5.
For numbered streets south of Tenth Street, numbers shall begin at
Princeton Avenue and progress in ascending order as they move in a
westerly direction further from Princeton Avenue and progress in an
ascending order as they move in an easterly direction, with each block
having a hundreds units designation.
6.
For streets north of Carey and Fourteenth Streets, numbers shall
begin at the easternmost point and ascend in a westerly direction.
7.
Numbers for Tenth and Twelfth Streets shall begin at Squankum Road
and ascend in a westerly direction.
8.
Eleventh and Thirteenth Street numbers shall begin at Princeton Avenue
and progress in ascending order as they move in a westerly direction
and in a descending order as they move in an easterly direction.
9.
County Line Road and Kennedy Boulevard shall have a directional designation
of east on the east side of State Highway Route 9 and shall have a
directional designation of west on the west side of said highway.
10.
Avenue numbers shall begin at the southern end and progress in ascending
order as the numbers move further north.
b.
Areas of the Township not bounded within the area designated in paragraph
a above:
c.
All new and/or continuation of avenues, streets and roads in the
Township will:
1.
Begin with the first block number range 1-99, then the next block
number range 100-199, then the next block number range 200-299 and
so on.
2.
With the exception of paragraph a3 above, new streets will not have
directional designators.
3.
Apartment and/or office building structures will have a single address,
and these units will be identified with a numerical number only, i.e.
the first floor: 100-199, the second floor: 200-299 and so on. In
apartment buildings, units will be designated as "apartments"; in
office buildings, units will be designated "suites". Alpha characters
will not be used in part or in whole.
4.
To the extent possible, strip mall stores will have individual address
numbers without the use of suite and/or unit identifiers.
5.
To the extent possible, townhouse and/or condominiums will have individual
address numbers without the use of unit identifiers.
6.
The Township will notify and seek the cooperation of the local postal
authority in regards to addressing.
[1971 Code § 15-4.1; Ord. No. 2015-71]
a.
Authorization to Extend to Certain Roads and Streets. N.J.S.A. 40:67-23.1
enables the Governing Body of a municipality to make, amend, repeal
and enforce ordinances to provide for the lighting of any roads or
streets upon which the travel is sufficient, in the opinion of the
Governing Body, to warrant such expenditures, even though such roads
or streets shall not have been taken over by the Municipal Governing
Body or dedicated and accepted as public highways; and
b.
Power of Governing Body to Require Improvements and Dedication. The
law allows municipalities at their own option to require the roads
and streets to be suitably improved in accordance with any requirements
established pursuant to the "Official Map and Building Permit Act
(1953)," N.J.S.A. 40:55-1.30 et seq. and dedicated to the municipality,
within two years of the effective date of any ordinance adopted providing
for the lighting of the road or street.
[1971 Code § 15-4.2; Ord. No. 2015-71]
a.
Application for Street Lighting. Such request shall be submitted
in writing to the Clerk of the Township Committee, signed by all of
the owners of such roads. If the roads are owned by a corporation
or association the request shall be in the form of a proper resolution
of such entity incorporating the request and duly certified as having
been properly passed and containing the proper corporate seal.
b.
Necessary Reports. Upon receipt of the request by the Township Committee,
it shall be forwarded to the Chairman of Street Lighting (if in existence),
Engineer, Treasurer, Attorney and Traffic and Safety Departments for
their study and written recommendation.
The report from the Treasurer shall contain an estimate as to
the actual cost of providing street lighting by the Township;
The engineering and attorney reports shall advise the Township
Committee of any engineering or legal problems. All of the above reports
shall be submitted to the Township Clerk within 30 days of the referral
by the Township Committee.
The Township Committee, after receipt of the reports, shall
determine whether the travel on such roads or streets is sufficient
to warrant the expenditures of providing street lighting.
c.
Ordinance Required. If the Township Committee is in favor of granting
the request, it shall enact an ordinance pursuant to N.J.S.A. 40:67-23.1,
which ordinance shall indicate whether or not the Township intends
to exercise its option of requiring the streets and roads to be suitably
improved and dedicated within two years.
[1971 Code § 15-4.3; Ord. No. 2015-71]
As used in this section:
Shall mean any strip of land appropriated for and used for
general travel whether by an individual, a corporation or the public
and indicated on a recorded map, plot plan or site plan which is,
in the opinion of the Township Committee, used to such an extent that
public lighting is considered justifiable.
Shall mean in determining that which is to be considered
a reasonable amount of lighting for any given street, road or other
area, the Division of Traffic and Safety of the Lakewood Police Department
shall, before street lighting is approved for any additional streets
or roads other than those presently being lighted at the time of passage
of this section, make a study and report of pedestrian and vehicle
travel with emphasis to any particular dark spots or hazardous areas
that may need special lighting attention. Additionally, there shall
be obtained from the utility company furnishing the light to the area
of the Township under study a report or recommendation by such utility
as to the amount and positioning of lighting of those areas including
the recommendation as to the lumens necessary to and the type of lighting
recommended for safe, sufficient and adequate lighting of the area.
[1971 Code § 15-4.4; Ord. No. 2015-71]
Based upon the reports cited in subsection 20-4.2 and the Township Committee's own observation and knowledge, the Township Committee shall decide where and under what circumstances lighting of roads and streets shall be done throughout the community.
[1971 Code § 15-4.5; Ord. No. 2015-71]
The applicant for street lighting shall at any time prior to
final passage of the ordinance providing for the lighting have a right
to withdraw such request by letter through the Township Clerk to the
Township Committee, or, subsequent to final passage of the ordinance,
at any time request that his development or street be exempt from
the provisions of such ordinance and cancel his consent to furnishing
by the municipality of street lighting on any of such streets or roads.
[1971 Code § 4-7.1; Ord. No. 2015-71]
a.
Every owner or occupant of any house or other building, any owner
or occupant of any multiple family dwelling, store, apartment, or
commercial or industrial building, and any owner of a vacant lot shall
remove snow or ice from the sidewalks in front of or adjacent to such
buildings or lot within 12 hours after the snow ceases to fall or
ice is formed. The hours from 11:00 p.m. and 7:00 a.m. shall be excluded
in computing the 12 hours during which snow must be removed.
b.
The owners of apartment projects having more than one apartment house
on the same parcel of land shall secure the removal of snow and ice
from the streets and sidewalks of the apartment project within the
same time as set forth in paragraph a above.
c.
If snow or ice is of such a thin coat or is so adhered to the sidewalk
that it cannot be reasonably removed with shovels or standard snow
removal equipment, it shall be covered with fine sand, salt or other
material suitable to prevent slipping.
[1971 Code § 4-7.2; Ord. No. 2015-71]
If any owner or occupant fails to remove the snow or ice, the
Public Works Director shall cause it to be removed. The cost paid
and incurred by the Public Works Director for removing snow and ice
from any sidewalk shall be certified by him to the Township Committee
which shall examine the certificate and cause the cost as shown to
be charged against the lands abutting the sidewalk. The amount so
charged shall forthwith become a lien upon the lands and shall be
added to and become part of the taxes next to be assessed and levied
upon the lands and shall be collected and enforced according to law.
The above shall be in addition to any other penalty for violation
of this provision.
[1971 Code § 4-8.1; Ord. No. 2015-71]
No person shall obstruct or endanger, or place or permit anything
to obstruct or endanger, the free passage or proper use of the public
of any street, highway, sidewalk, crosswalk, bridge or entrance to
any public hall or building, except as may be necessary while loading
or unloading any goods, merchandise, materials or persons, or except
as may be otherwise permitted by this section.
[1971 Code § 4-8.2; Ord. No. 2015-71]
No person shall place or deposit any building materials in or
upon any street of the Township and allow or permit the same to remain
for more than 24 hours without a written permit for that purpose.
A permit shall be obtained from the Township Clerk and for each permit
issued the applicant shall pay a fee of one ($1.00) dollar. The permit
shall state the date of issuance, the person to whom granted, be signed
by the Township Clerk, and shall provide that no more than one-third
of (1/3) the street shall be occupied by such obstruction. All permits
shall terminate 20 days after the date of issuance.
